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HEX Agenda 07/27/2023COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 July 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 Ailyn.PadronkCollierCountyFL.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 1 Printed 711912023 July 2023 Pledge of Allegiance Review of Agenda 3. Advertised Public Hearing A. Petition No. BLC-PL20230003026 - Conner's Vanderbilt Estates - Request for a Boat Lift Canopy Deviation to increase the allowable length from 35 feet to 45 feet, to allow a boatlift canopy measuring 45 feet long by 15.2 feet wide, pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The subject property is located adjacent to 10091 Gulf Shore Drive, further described as the North 50 feet of Lot 14, Block C, Re -Subdivision of Part of Unit No. 1, Conner's Vanderbilt Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 B. Petition No. PCUD-PL20230002616 — Northbrooke Plaza — Request for a determination that the proposed use of an alternative learning and enrichment education facility is comparable in nature to other permitted uses in Section III, Tract A, of the Northbrooke Plaza Planned Unit Development (PUD) adopted by Ordinance Number 98-59. The subject property is located at 2659 Professional Circle, Naples, FL 34119 also known as Northbrooke West, a Commercial Condominium, Units 1107 and 1108, in Section 19, Township 48 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 2 C. Petition No. BDE-PL20200001107 - 275 3rd Street West - Request for a 40.3-foot boat dock extension that extends 20.3 feet from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat docking facility with two boatlifts and a boathouse with a 1.3-foot roof overhang that protrudes 41.6 feet into a waterway that is 872+/- feet wide. The subject property is located at 275 3rd Street West, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 D. Petition No. NUA-PL20220003854 - Northtide Naples RV Resort on North Road - Request a non -conforming use alteration pursuant to LDC Section 9.03.03.11 to allow the continuation of non -conforming landscape buffers and non -conforming setbacks of recreational vehicle (RV) pads and Park models for property located within a Travel Trailer -Recreational Vehicle Campground (TTRVC) Zoning District. The subject property is 16.3 acres located at the Northtide Naples RV Resort on North Road, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III] Commission District 4 Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 711912023 3.A 07/27/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 26028 Item Summary: Petition No. BLC-PL20230003026 - Conner's Vanderbilt Estates - Request for a Boat Lift Canopy Deviation to increase the allowable length from 35 feet to 45 feet, to allow a boatlift canopy measuring 45 feet long by 15.2 feet wide, pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The subject property is located adjacent to 10091 Gulf Shore Drive, further described as the North 50 feet of Lot 14, Block C, Re -Subdivision of Part of Unit No. 1, Conner's Vanderbilt Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 Meeting Date: 07/27/2023 Prepared by: Title: Planner — Zoning Name: John Kelly 07/07/2023 5:40 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 07/07/2023 5:40 PM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Operations & Regulatory Management Michael Stark Zoning Zoning Hearing Examiner Ray Bellows Mike Bosi Review Item Review Item Review Item Division Director Andrew Dickman Meeting Pending Completed 07/10/2023 3:02 PM Completed 07/17/2023 2:49 PM Completed 07/18/2023 9:15 AM Completed 07/19/2023 1:29 PM 07/27/2023 9:00 AM Packet Pg. 3 3.A.a CQ ieT C914ftty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: JULY 27, 2023 SUBJECT: BLCD-PL20230003026, 10090, and 10091 GULF SHORE DRIVE CANOPY PROPERTY OWNER/APPLICANT: Andrew T. and Fern B. Jaffe 10091 Gulf Shore Drive Naples, FL 34108 REQUESTED ACTION: AGENT: Francine Holt Waterway Boat Lift Covers 15040 Tamiami Trail Punta Gorda, FL 33955 The petitioner requests a Boat Lift Canopy Deviation to increase the allowable length from 35 feet to 45 feet, to allow a boatlift canopy measuring 45 feet long by 15.2 feet wide, pursuant to section 5.03.06.G.3 of the Land Development Code (LDC) for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject parcel is located at 10090 Gulf Shore Drive and is further described as the North 50 feet of Lot 14, Block C, Re -subdivision of part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject parcel, 10090 Gulf Shore Drive, measures 30 feet by 50 feet and is joined by means of deed to 10091 Gulf Shore Drive, a single-family residence, located adjacent to and across the road. The combined parcels have historically been treated by the County as a single combined property, bisected by Gulf Shore Drive, with the subject parcel serving to support a residential boat dock facility. The existing dock facility was constructed in accordance with Building Permit No. PRMAR20220207585 for which a Certificate of Completion was issued on September 15, 2022; said permit required the approval of two land use petitions: VA-PL20210002276, HEX Decision No. 2022-01, which reduced the side setbacks to zero, and BDE-PL20200002573, HEX Decision No. 2022-02, which allowed for the 45-foot protrusion. The petitioner now desires to add a boat lift canopy that exceeds the 35-foot length allowed for administrative approval by 10 feet. BLC-PL20230003026; 10090 and 10091 Gulf Shore Dr - Jaffe Page Packet Pg. 4 July 10, 2023 - a I,Q &oLIS n9 L600�PUB 0 00L Q0]8 §Z E000£ OZ d:8 0 Z EZ ZO�LO :podeN HeIS ]uemt43q; W) � 6 M a \ t (D U % LL ■ 0 | ®© §; % \2 � m| , CL � � � .0 m ID 0 1 a BL - L o momo ¢ ] m9 and]ooq Gulf Shore Dr -Ja e Page 2 of 6 July]$ 2023 3.A.a SURROUNDING LAND USE & ZONING: North: Single-family residence within a Residential Single-Family-3 (RSF-3) Zoning District South: Single-family residence within a Residential Single-Family-3 (RSF-3) Zoning District East: Vanderbilt Lagoon Canal West: Single-family residence within a Residential Single-Family-3 (RSF-3) Zoning District Collier County GIS BLC-PL20230003026; 10090 and 10091 Gulf Shore Dr - Jaffe Page Packet Pg. 6 July 10, 2023 3.A.a ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is located adjacent to a man-made canal. The proposed docking facilities will be constructed waterward of the existing sea -walled shoreline. The shoreline does not contain native vegetation. A submerged resources survey was submitted for the previously approved Boat Dock Extension which found no submerged resources in the area 200 feet beyond the proposed docking facility. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: The LDC defines a "boat lift canopy" as follows: a covering that is applied to a boat lift over a legally permitted dock. The standards for boat lift canopies are contained within LDC section 5.03.06.G. Boatlift canopies that satisfy the standards contained within LDC section 5.03.06.G may be administratively approved by the County Manager or their designee. Deviations from the listed standards may be approved or denied by the Hearing Examiner subject to the public hearing process. Boat lift canopies are a permitted use on waterfront properties per LDC section 5.03.06.B.5. Land Development Code, Ordinance 04-41, As amended: 5.03.06.G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state, and federal agencies if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boatlift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige or mid -range shades of blue or green. BLC-PL20230003026; 10090 and 10091 Gulf Shore Dr - Jaffe Page Packet Pg. 7 July 10, 2023 3.A.a g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boat lift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site. In this case, the applicant desires to construct a single boat lift canopy measuring 15.2 feet in width, that will not extend beyond the width of the boat lift, and 45 feet in length which exceeds the 35- foot threshold. The boat lift canopy will be 12 feet in height, will have open sides with no curtains, and will be beige in color. Said boat lift canopy will be constructed over a lawfully permitted dock, Building Permit No. PRMAR20220207585, and there are no other boathouses or covered structures related to the boat docking facility. With exception to the requested deviation, staff finds the proposed boat lift canopy to be fully compliant with provided standards. Staff further notes that the applicant has demonstrated that the proposed boat lift cover has been designed so that it will not extend beyond any riparian lines and will therefore be within the limits afforded by the previously approved variance. Additionally, the subject property is at the terminal end of a canal which should ameliorate any concerns about the view to the west. CONCURRENT LAND USE APPLICATIONS: None. APPEAL OF BOAT LIFT CANOPY DEVIATION: As to any boat lift canopy deviation petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. If the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BLCD-PL20230003026, to allow for the construction of the proposed boat lift canopy as depicted within the plans contained in Attachments A and B, subject to the following stipulation: 1. The boat lift canopy is to be removed upon issuance of a hurricane warning affecting the general vicinity of the referenced location. Attachments: A) Canopy Specs B) Proposed Site Plan BLC-PL20230003026; 10090 and 10091 Gulf Shore Dr - Jaffe Page Packet Pg. 8 July 10, 2023 3.A.a Q Dock — Building Permit No. PRMAR20220207585 D) HEX Decision 2022-01, VA-PL20210002276 E) HEX Decision 2022-02, BD-PL20200002573 F) Applicant's Backup, application, and supporting documents G) Sign Posting BLC-PL20230003026; 10090 and 10091 Gulf Shore Dr - Jaffe Page Packet Pg. 9 July 10, 2023 aaouS ling 1,6M PUB 0600L 03719 9Z0£000£ZOZ-ld : 8Z09Z) soadS Adoueo - V It M i 0 Q f� i E c N }, m tw U i r N O CO C� rn 0 0 Ln v 0 ., Q O 0 C: — N 41 m fQ E O .E Q O X O O m O � � O U Q � Q �a o v +r � +' U E � J N a-j m O C: m > � N a--1 a N � i ' Q a"' E .ln Q O U E W 0 N � o O � O c a� U �� IB' ling L600L pus 0600L (1019 9Z0£000£ZOZId : 8Z09Z) ueid a;ig pasodoad - 8;uauayae;;d :;uauayae;;d E- 0 J Z ^1 a cn xtu w Uy o� WO am 1 Ln 00 Ln Yrm- N NN Q Ol d 5a� 32 DDjafia 10 00091 gulf share dr�CAD1PERMIT-COUNM2D132-6UE.dwg 3.A.d COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time c CD 7- issuance this structure was in compliance with the various ordinances of the county regulating building construction c use. For the following: r PERMIT NBR: PRMAR2022020758501 CO NBR: STATUS: Finaled CO TYPE: COMP ISSUED DATE: September 15, 2022 rn 0 0 T ADDRESS: 10091 Gulf Shore DR, Naples 0 rn SUBDIVISION: c T LOT: BLOCK: T.R.S.: m SLUC CODE: UTILITY COMPANY: 0 c M O JOB DESC: Install 288 Ft Dock with 2 Lifts (BDE-20200002573)(VA- 20210002276) o 10091 Gulf Shore Dr NUMBER OF METERS: N N OWNER: JAFFE, ANDREW T & FERN B J a 0 N O O LEGAL DESCRIPTION `S' CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 34 AND PART OF UNIT 1, BLK C, DESC AS N 50FT LOT Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made the building or property described. A new certificate voids any certificate or prior date. Packet Pg. 12 3.A.d COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRMAR20220207585 PERMIT TYPE: Marine DATE ISSUED: March 12, 2022 BUILDING CODE IN EFFECT: FBC 7th Edition 2020 JOB ADDRESS: 10091 Gulf Shore DR, Naples, Single Family FOLIO #: JOB DESCRIPTION: Install 288 Ft Dock with 2 Lifts (BDE-20200002573)(VA- 20210002276) 10091 Gulf Shore Dr OWNER INFORMATION: JAFFE, ANDREW T & FERN B 10091 GULF SHORE DR NAPLES, FL 34108 AREA OF WORK (SOFT). 0 SETBACKS: FRONT: REAR: FLOOD ZONE: VE SEWER: WATER: LEFT: RIGHT: CONTRACTOR INFORMATION: GREG ORICK II MARINE CONSTRUCTION, INC 1035 COLLIER CENTER WAY 41 NAPLES, FL 34110 (239) 289-0792 SUB CONTRACTOR INFORMATION: A GREG ORICK MARINE CONSTRUCTION INC. 27171 DRIFTWOOD DRIVE BONITA SPRINGS, FL 34134 (239) 289-0792 CERTIFICATE #: C28961 Packet Pg. 13 3.A.d IV['I:j*01 M ki11116] M61_1NC, To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas — 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIA Areas (more than 500 feet from Residential Area) 6:OOAM to 8:OOPM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. — Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS — Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicab] utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is nc commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed mus be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAI AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE 01 THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTENT TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Packet Pg. 14 Collier County Growth Management Department INSTRUCTIONS FOR BUILDING PERMIT APPLICATI 2800 N. HORSESHOE DRIVE, NAPLES, FL 34104 (239) 252-2400 These Instructions are designed to assist and guide Permittees with completing the Building Permit Application. For your convenience, the Application is also available on http://www.colliercountyfl.gov as an interactive PDF. All sections, as noted, must be completed. A.1. Permit #: To be completed by Staff. Instructions for Section B. General Permit Information B.1. Primary Permit #: To be completed by the applicant, if applicable. i.e., the single-family home permit is the PRIMARY PERMIT for an accessory pool permit. B.2. Master Permit #: To be completed by the applicant, if applicable. A MASTER PERMIT is a set of documents pre -approved by the County to use for future permits. B.3. Building Type: Select one of the five options. Instructions for •Property C.1. Parcel/Folio #: These can be found on the Collier County Property Appraiser website: http://www.collierappraiser.com. C.2. Job Street Address: This is the physical address where the construction work will take place. C.3. Owner Name: Name of the property owner where the construction work will take place. C.4. Owner Phone: Phone number of the property owner where the construction work will take place. C.5. Owner Email: Email address of the property owner where the construction work will take place. C.6. Subdivision: The subdivision/lot/block/unit #'s can be found on the Collier County Property Appraiser website: http://www.collierapproiser.com C.7. Project Name: The name of the project, when applicable. C.8. SDP/PL#: Approved SDPs can be obtained by contacting the Collier County Records Room at GMDRecordsRoom@colliercountyfl.gov. C.9. Jurisdiction: Select Option that applies. Instructions•r Section D. Contractor• • D.1. Permittee Type: Please check the applicable box. D.2. Contact Name: Name of the contractor's contact, if different than below. Owner Builder must state "SELF." D.3. License #: Contractors must provide their State (preferred) and/or County license numbers and business information. Owner Builder applicants must state "SELF." D.4. Company Name: Name of contractor's company performing the construction work. Owner Builder must state "SELF." D.5. Company Address: Address of the Contractor or Owner Builder. D.6. Qualifier Name: Provide the name of the qualifier. Owner Builder must state "SELF." D.7. Contractor Email: Email(s) of the Contractor or Owner Builder. D.7.A. For Contractors: Is Email your preferred method of contact. Please check YES box, if applicable. D.9. Company Phone: Phone Number of the Contractor or Owner Builder. D.10. Company Fax: Fax Number of the Contractor or Owner Builder. Instructions for Section E. Permit Information E.1. Declared Value: Identify the Declared Value of the construction. The Declared Value must be either the contract value OR the value established by the Items to Be Included, pg. 3 of the 50% Structural Improvement/Structural Damage Form. E.2. Permittee Type: Select a permit type from the supplied list. E.3. Description of Work: The Description of Work must convey a detailed account of the work identified on the construction plans. For a multi -story project, identify the floor/story where construction work will take place. In addition, for permit applications addressing a Code Enforcement violation, please include the case number. Do NOT state "Please see attached plans." The description of work must be included on the approved Permit. E.4. Occupancy Type: Identify the Occupancy Type from the list: Occupancy Types are established in Chapter 3 of the Florida Building Code. Amusement Parks, Stadium, Bleachers Assembly, Church Assembly, Arenas Assembly Niteclubs Assemby, Restaurants, Bars, E&gwt Halls Assembly Theaters, with Assembly., Assembly, Theaters, without Stage Business Chickee Non -Residential Chickee -Residential Day Care Factory - Industrial (Low Hazard) Factory - Industrial (Moderate Hazard) High Hazard (H-2) High Hazard - (H3) High Hazard (Hd) High Hazard, Explosives HPM Institutional Incapacitated Institutional Supervised Environment Mercantile Residential, Care/Assisted Residential, Residential, Residential 1&2 Family Special Purpose Low Hazard Utility, Miscellaneous Utility Miscellaneous Living Facilities Hotels Multi -Family New or Guest House Industrialstora Commercial & MIF 12esidential E.S. Construction Type: Identify the Construction Type from the list: Construction Types are established in Chapter 6 of the Florida Building Code. Type IA I Type IIA (1 hour) I Type IIIA (1 hour)] Type IV Type VB (Unprotected) I Type IB Type 116 (Unprotected) I Type 11113 (Unprotected) I Type VA (1 hour) E.6. Is structure in flood zone: Identify whether the structure is located in a flood zone: No, Unknown, Yes. E.7. Fire Sprinkled: Identify whether the building is fire sprinkled: Yes or No. E.8. Type of Water Supply: Check the box that identifies the type of water supply. E.9. Sewage Disposal: Check the box that identifies the method of sewage disposal. E.10. Vegetation Removal: Identify whether clearing of vegetation will take place: Yes. Clearing will take place on site, or No. Clearing will not take place on site. E.11. Private Provider: Identify whether Private Provider services will be rendered: No or Plan Review & Inspection or Inspection Only. E.12. Threshold Building: Identify whether the structure is a threshold building, as defined by FBC Ch. 2 and F.S. 553.71(12): Yes or No. E.13. Repairs from Disaster Event: Identify whether these are repairs from a disaster event. Yes, Name of Event or No. E.14. Change of Occupancy: Please check Yes or No. E.15. Permit by Affidavit: Identify whether the permit is a Permit by Affidavit: Yes or No. E.16. Subcontractors: Check all the Subcontractors that will conduct work at the iob site. F. Identify number of stories in structure, floor where work is being performed, # of bedrooms/bathrooms. Supply interior/living sq.ft., additional sq.ft. being added, exterior/non-living sq. ft. and total square footage. Building Permit Application Instructions Pg. 1(1.2020) Packet Pq. 15 Collier County Growth Management Department BUILDING PERMIT APPLICATWIN 2800 North Horseshoe Drive, Naples, FL 34104 (230) 252L_I.A.d PermittingDept@CollierCountyFL.gov Directions: Applicants must complete all fields. Please follow the Building Permit Application Instructions to complete this Application. B.3. Building Type: ❑x 1&2 Family Dwelling/Townhouse nRes. 3+Units/Multi-Family ❑Commercial ❑Mobile/Manufactured Home ❑Guest House C.1. Parcel/Folio #: 27530160008 C.6. Subdivision Lot #: C.2. Job Street Address: 10091 GULF SHORE DR C.7. Project Name: C.3.Owner Name: JAFFE, ANDREW T=& FERN B C.8. SDP/PL#: CA. Owner Phone: 239-949-5588 C.9. Jurisdiction: ❑x Collier County ❑City of Everglades C.5. Email: permits@orickmarine.com • • • • . D.1. Permittee Type: [@Contractor []Design Professional ❑ Owner Builder D.2. Contact Name: Mark o D.3. License: C28961 D.4. Company Name: GREG CRICK II MARINE CONSTRUCTION, INC D.S. Company Address: 2815 BAYVIEW DR, NAPLES, 34112 D.9. Company Phone: 239-949-5588 D.6. Qualifier Name: GREG ORICK II D.10. Fax #: 239-301-2238 D.7. Email: PERMITS@ORICKMARINE.COM For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit. ❑■ Yes Section• •*BuildinHut Permit ;eincludes umpstera, Tenant 25000 etc E.2.PermitType: ❑Alum Structure ❑Awnings❑Building*❑ Carport/Shed ❑ Cell TowerElDemolition❑Detached Garage ❑Electrical❑Fence❑Fire [-]Gas ❑X Marine ❑Mechanical [:]Plumbing [:]Pool ❑Roof ❑Shutters/Doors/Windows ❑Sales/Const.Trailer []Screen Enclosure ❑Solar❑Sign/Flagpole []Water Feature E.3. Description of Work: The Description of work must convey an account of work identified on the construction plans. it i2gR F+ Dock I.A,itiTI—ifts E-29299992573;(NA29219992276) EA. Occupancy Type: See Instructions E.5. Construction Type: ❑ 1A ❑ IB ❑ I1A ❑ IIB ❑ III A ❑ IIIV ❑ IV ❑ VA ❑ VB See Instructions E.6. Is Structure in a Flood Zone: ❑ No ❑ Unknown ❑ Yes, additional form required. See Instructions E.7. Is Structure Fire Sprinkled: ❑ No ❑ Yes E.8. Type of Water Supply: ❑ Collier County ❑Well ❑City of Naples ❑Ave Maria ❑City of Everglades ❑Immokalee ❑Other E.9. Type of Sewage Disposal: []Sewer ❑ Septic E.10. Vegetation Removal: ❑ Yes ❑ NO A Vegetation Removal Affidavit is required for any new structure of addition on all parcels larger than 1 acre. E.11. Private Provider: ❑ No ❑ Yes ❑ Plan Review & Inspections ❑ Inspections Only E.12. Threshold Building: ❑ No ❑ Yes E.13. Repairs from Disaster Event: ❑ No ❑ Yes Name of Disaster Event: E.14. Change of Occupancy: ❑ No ❑ Yes E.15. Is this a Permit by Affidavit: ❑ No ❑ Yes E.16. Subcontractors: Check All that Apply: ❑ Electrical ❑ Plumbing ❑ Mechanical ❑ Roofing ❑ Septic ❑ Electric from house Total Number of Stories: Floor (Story) work is being performed on: # Bedrooms: # Bathrooms: Living /Int. Sq. Ft.: Addt'I. Sq. Ft.: Non-Living/Ext. Sq. Ft.: Total Sq. Ft.: PMR Date: PLEASE DO NOT WRITE BELOW, FOR STAFF USE ONLY Days Review: Sets of Plans: PAGE 2 V.1.2020 Page 2/4 n— de 3.A.d BUILDING PERMIT APPLICATION Cio Ner County 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-240C Permitting Dept@colIiercountyf1.gol Growth Management Department Secton 1. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY OWNER OR AGENT OF OWNER NOTICE OF ADDITIONAL RESTRICTIONS: in addition to the requirements of this permit, there may be additional restrictions applicable to this property that ma be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Managemer Q District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair tl• p landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal t t business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek profession advice. 3 WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or belt (_ ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systerr c) landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose mu p be obtained from the Growth Management Department, NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleare Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the followii O zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Speci OO Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the proper o State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for addition information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is n V a clearing permit. J m WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures locate to in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. cV 0 M CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE OWNER OR AGENT OF OWNER, cert O that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulati CD construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement M construction. The approved permit and/or permit application expires if work is not commenced within 180 days from the date of issuance. I, THE OWNER C o AGENT OF OWNER understand that only licensed contractors may be employed and that the structure cannot be used or occupied until a certificate of occupan J is issued. By signing this permit applications, I, THE OWNER OR AGENT OF OWNER, agree that I have retained the contractor identified on this application rl provide contracting services for the trade for which he or she is listed. I understand it is the responsibility of the property owner to notify the Building Plan Review a Inspection Division should the contractor responsible for providing said contracting services no longer be willing to provide his or her services. I, THE OWNER d N AGENT ii OWNER, understand the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. Furlhermo co I, THE ER OR AGENT OF OWNER understand the owner is responsible for all construction work on the property. cV Job Stree a 10091 Gulf Shore Dr � O GREG ORICK II ti Signature of Owner of ent of Owner (An original signature is required) Print Name of Owner or Agent of Owner O G State of FLORIDA County of COLLIER N G The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this 17 day of N Q February_ , 20 22 , by (printed name of owner or qualifier) GREG ORICK I I Such person(s) Notary Public must check applicable box: a ❑ Are personally known to me �= WILLIAM NELSON ❑ Has produced a current drivers license Notary Public.State of Florida a) ❑ Hasproduced — — --,� _ as entifi tion. °' = Commission fi GG 313888 My Commission Expires r •, Notary Signature: March 19, 2023 U r NOTICE OF COMMENCEMENT INFORMATION E Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500. with certain exception v For A/C Repairs or Replacements a notice of commencement is required for improvements more than or equal to $7,500, The applicant shall file with the issuir authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with Q copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting ar inspection department. The Issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, emt a> or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOI IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTIC OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRS INSPECTION IF YOU INTEND TO OBTAIN FINANCING. Building Permit Application 1.2020 Packet Pg. 17 3.A.d BUILDING PERMIT APPLICATION co161n, county 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-240( Growth Management Department Permitting Dept@col I iercou ntyfl.go% Secton I. A Required Page for ALL Building Permit Applicatons ,Q w ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY THE QUALIFIER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may d be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Management p` District, State agencies, or Federal agencies. y L O WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the t landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or U) business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professiona advice. (� WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or beloH r o ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems o landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose mus be obtained from the Growth Management Department. _ (a NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared Q Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following o zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Specia o Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for additiona V information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is no, a clearing permit. m 0 N WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures locates M in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. p 0 0 CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE QUALIFIER, certify that I have not performe( M any work or installation prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in thi: p jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The permi J application or approved permit expires if work is not commenced within 180 days from the date of issuance. I, THE QUALIFIER understand that the structure canno a be used or occupied until a certificate of occupancy is issued. By signing this permit application, I, THE QUALIFIER, agree that I have been retained by the property owner to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Plan Review and Inspection Divisior 0 shou 1 no longer be THE QUALIFIER responsible for providing said contracting services. I, THE QUALIFIER, agree that I understand the review and issuing of this Np pe does not a empt me from complying with all County Codes and Ordinances. to N Job - r 10091 Gulf Shore Dr GREG ORICK II u7 0 0 ti Signature of Q14 er (An original signature is required) Print Name of Qualifier N 0 State of FLORIDA County of C 0 L IE R c The foregoing instrument was acknowledged before me by means of February , 20 22 , by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: Are personally known tome ❑ Has produced a current drivers ❑ Has produced Notary Signature: as ® physical presence or ❑ online notarization this day of G RE GORCK I I EE.:WILLIAM NELSONary Public -State of Floridaommission # GG 313868y Commission Expires March 19, 2023 NOTICE OF COMMENCEMENT INFORMATION Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500. with certain exceptions ForA/C Repairs or Replacements a notice of commencement is required for improvements more than or equal to $7,500. The applicant shall file with the issuinc authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting anc inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, emai or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOF IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. Building Permit Application 1.2020 Packet Pg. 18 3.A.d Collier County Growth Management Departrnent 2800 N. HORSESHOE DRIVE, NAPLES, FL 34104 (239) 252-2400 Z SUBCONTRACTOR AFFIRMATION To be completed by the Qualifier working under the General Contractor, or by o Owner -Builder as defined by Florida Statutes. 0 0 Cn Permit Number-- — ____--- Form Completed By: Qualifier ® Owner -Builder c General Contractor for Project: Greg Orick II Marine Construction inc ---- 0) O Check One: CD ❑ Electrical ❑ Plumbing ❑ Roofing ❑ Mechanical ❑ Septic ❑ Other J m Jobsite Address: 10091 GULF SHORE DR— ------- o Qualifier Information• be • • • by • M O O O Name: Robert J. Anderson c Company Name: A Greg Orick Marine Construction, Inc N a State License No.: EC13005994 N 0 Phone: (239) 949-5588 0 N LO Email: Permits@orickmarine.com Acknowledgement: Knowingly providing false information to obtain a tzermit to practice construction contracting is a violation of Florida Statute 489.129 and 489.533 Signature of Qualifier under G Contractor or Owner -Builder: Printed Name of Qualifier under �— General Contractor or Owner -Builder: Robert Anderson State of _Florida County of Coller The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization this February 20 22 , by (printed name of owner or qualifier) Robert J . Anderson -- --- Such person(s) Notary Public must check applicable box: El Are personally known tome ❑ Has produced a current drivers license ❑ Has produced Notary Signature: as identification. 17 da� WILLIAM NELSON °�¢: Notary Public State of Florida ®;a Commissipn if GG 313868 a_ ;�p�,o, My Commission Expires March T9, 2023 Upload completed form to the portal under "conditions". Subcontractor Affirmation 12.2.20 Packet Pg. 19 MOB PUB 0600L 0318 9Z0£000£ZOZld : SZ09Z) SSSLOZOZZOZNVWNd MLUJad - 3 4U8LUy3E}}d :IU8LUL13B4ly d M -0 Q. 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CD N a a� Y V m a MIC e N IL pue 0600L (3319 9Z0£000£ZOZId 8Z09Z) 989LOZOZZOZ2MYNd;!uaaad - 3 luauayae;;b :;uauayae;;d ti \j N I I 8'1 a_ II \ Y / a I H ILL �0J � � Q 00 m M LUU a� 0 ry a LU Q 0 � 0 m , - , LU J < N 0 < �m J > x _ Z) Q d LL Cn I11111 �eeee_ 0:\20132.00 iaffe dock-10091 gulf shore dr\CAD\PERMIT CROSS SECTION BB MU PUB 0600L (1019 9Z0£0O0£ZOZId : 8Z09Z) 989L0Z0ZZ0ZNVWNd WUJOd - 0 lUaw43e;;b :;UGLUt4 ;d M w ` WC9w� \! Z2U —mowcn V_ cn cn09 -a wow aWZ0 LUw=a 0 m ~ w z0a nl L.. . 0 z p < W < W w°W U O W= N N N V � G was 0 U a �i'..xa a Lu N z wN tea¢ ?x Z O x¢ ruiw t7 aw= wa M' 2¢ wz0, " 0 ocp�S F W o_Ow O 00 U 0 2 �HX2 W� Dz.. 002 N j f w o_'to¢0 m W Q wo:z QyW 62WWW3� w¢ a^w¢ > 30 aLL�'ow�o3�?zow0 ow�y�¢0o¢33aioa La W �¢w7U? Luww3�mallo¢Orr W mI� o.x—� .00 F�?¢w ¢w3� Z p:\20132.00jaffe dock-10091 gulf shore dr\CAD\PERMIT-COUNTY\20132-BDE.dwg SUBMERGED RESOURCE SURVEY 5/19/2021 b6006 PUB 06M (3318 9Z0£000£ZOZld : 8Z09Z) 985LOZOZZOZUVWNd IIWJad - 3 IUGWLI3L'Uy :IU8wt43BIIV Q M N a m 0 m a 00 a d z U) z 3 0 K o ° Z �o zmo..Z zzw6 N Q < p9 I N ty W 0c) zo LLw J C.)k DQ U 0 0 1p \20132.00 jaffe dock-10091 gulf shore dr\CAD\PERMIT-COUNTY\20132-BDE.dwg ADJACENT DOCK 5/19/2021 3.A.e HEX NO. 2022-01 HEARING EXAMINER DECISION DATE OF HEARING. December 23, 2021 PETITION. PETITION NO. VA-PL20210002276 - 10091 Gulf Shore Dr. - Request for a variance from Land Development Code Section 5.03.06.E.6 to reduce the required side yard riparian setback of 7.5 feet to 0 feet for a dock facility on a lot with less than 60 feet of water frontage, located adjacent to 10091 Gulf Shore Drive, further described as the North 50 feet of Lot 14, Block C, Re -Subdivision of Part of Unit No. 1, Conner's Vanderbilt Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner desires to reconfigure the existing dock facility at a parcel that has 50 feet waterfrontage, which requires a variance of the side -riparian setback standard of 0 feet where 7.5 feet is required. STAFF RECOMMENDATION. Approval with conditions. 0 FINDINGS. r_ 0 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the a Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of r the County Administrative Code. N 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. 5. There is a companion Petition No. BDE-PL20200002573 to allow the proposed boat dock facility to protrude a total of 45 feet into a waterway that is 100± feet wide. Page 1 of 6 Packet Pg. 30 3.A.e 6. The subject property at 10090 Gulf Shore Drive is a small legal non -conforming lot, approximately 50 feet x 30 feet, situated at the southwest corner of a canal, between two single- family residential lots. As a result of this oddity, the property's riparian area resembles an isosceles right triangle, and the existing dock is an accessory to the single-family residence across the street at 10091 Gulf Shore Drive. The disconnected property and existing dock was all worked out and approved in 2011, as described below. The existing dock navigated a series of public hearings in 2011 to obtain a side -riparian setback of zero feet where no less than 7.5 feet is permitted as of right, and a dock extension of 19 feet beyond the 20-foot limit. These two variances were denied by the Planning Commission but approved by the County Commission (acting in its capacity as the Board of Zoning Appeals). Those resolutions are attached and incorporated herein as Exhibit "A." Those approvals and the associated backup documentation appear to legitimize the odd property configuration bisected by Gulf Shore Drive and, for purposes of the residential dock, unifies 10091 and 10090 Gulf Shore Drive. In other words, the dock at 10090 can only be an accessory to 10091. 10090 Gulf Shore Drive is not a stand-alone boat dock lot. 7. Fast forward ten years, the property owner is requesting the same type of variances to accommodate a larger vessel (48 feet) from the one approved in 2011 (35 feet). To accomplish this within the unique riparian area, the dock plan is angled and shifted north, putting the large vessel on the south side of the dock and a proposed "decked over elevator lift" for personal watercrafts/kayaks on the north side of the dock. To accomplish this clever use of the small right -triangular riparian area, the companion petitions are for a zero riparian setback and a 25- foot extension. This decision pertains to the riparian setback variance. 8. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's Z representative, public comment and then rebuttal by the Petitioner and/or Petitioner's c representative. There were no objections at the public hearing. a 9. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing c Examiner having the same authority as the Board of Zoning Appeals may grant, deny, or N modify any request for a variance from the regulations or restrictions of the Collier County N Land Development Code. l n 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The record evidence and testimony from the public hearing reflects that the subject parcel measures approximately 30 feet by 50 feet and is part of a larger combined property for which the majority is located on the west side of Gulf Shore Drive. The subject property has unity of ownership by means of a deed and homesteaded; as such, the subject portion can no longer be split off despite having previously been a nonconforming lot of record. The subject parcel has 50± feet of water frontage and is located at the end corner of a 'The Hearing Examiner's findings are italicized. Page 2 of 6 Packet Pg. 31 3.A.e manmade canal. The applicant's agent notes that being at the corner of the canal, the riparian line dividing the applicant's and the south neighbor's riparian area is restrictive for the applicant's riparian area as it tapers at an angle through each property's riparian area. The limited amount of shoreline combined with the southern riparian line all but requires a side setback variance if the parcel is to be useable. The proposed Variance allows the property owner to make reasonable use of the waterway and dock facility for mooring and other water based recreational activities while maintaining safe ingress and egress to the applicant's vessels. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? The record evidence and testimony from the public hearing reflects that as noted above, the subject parcel is deemed to be legal and conforming given that it has been combined for the purposes of development with that across Gulf Shore Drive. The applicant purchased the subject property as two combined parcels that have existed as such since the 1950's. Prior zoning actions described above serve to quiet the use issues with respect to the use of this parcel for a single-family residential boat dock facility, although every petition for a variance must be considered on its own merits 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The record evidence and testimony from the public hearing reflects that it would be an Q undue hardship because if the applicant were to maintain the required side/riparian > setback requirements only a much smaller dock facility could be built; however, it would o not allow for two slips or for the mooring of vessels presently allowed by means of prior C zoning actions. The zero -side riparian setback approved in 2011 facilitated the construction of the current dock on the subject property. The same reasoning for that 2011 a variance still exists. r 4. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, and welfare? The record evidence and testimony from the public hearing reflects that granting this variance will promote standards of health, safety, and welfare with exception to the decked over lift, there is no excess decking. As for the decked over lift, the applicant has explained that it is to be a platform for kayaks and/or up to two personal watercrafts. 5. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The record evidence and testimony from the public hearing reflects that granting the variance would confer on the applicant a special privilege as by definition, a Variance Page 3 of 6 Packet Pg. 32 3.A.e bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. However, other properties facing a similar situation are entitled to make a similar request and would be conferred equal consideration on a case -by -case basis. That being said, the petitioner is requesting the variance to have a single-family residential boat dock as is permissible for other residences in the same zoning district. 6. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The record evidence and testimony from the public hearing reflects that the granting of the subject variance request will be in harmony with the general intent and purpose of the LDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The applicant states: "The dock design proposed under this variance petition has been specifically configured in such a way so as to adequately provide safe access to the applicant's vessels while simultaneously avoiding negatively affecting navigation or public use within the adjacent canal. In addition, docks are a permitted accessory use in the underlying zoning district, and the applicant therefore has riparian rights to use of the canal. The end of the canal is also currently built out with 6 boatlifts between 3 properties that have riparian access at the end of the canal. Therefore, we do not believe the proposed project will significantly change views from the existing structures. " Granting the variance does facilitate construction of a boat dock in a unique riparian area 3 in a zoning district that gives other residences a similar or larger dock. o z c 7. Are there natural conditions or physically induced conditions that ameliorate the goals and 2 objectives of the regulation such as natural preserves, lakes, golf courses, etc.? a The record evidence and testimony from the public hearing reflects that the areas which the proposed dock would cover per this variance petition consist of the surface waters of a man-made waterway that was originally dredged from uplands. Construction within the side setbacks as proposed will have no effect on any natural preserves, lakes, golf courses, etc. 8. Will granting the Variance be consistent with the GMP? The record evidence and testimony from the public hearing reflects that approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. Page 4 of 6 Packet Pg. 33 3.A.e ANAINSTS_ Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve Petition. DF,C'TSION_ The Hearing Examiner hereby APPROVES Petition No. VA-PL20210002276, filed Nick Pearson of Turrell, Hall & Associates, Inc., representing Andrew T. and Fern B. Jaffe, with respect to the property described as 10090-91 Gulf Shore Drive and is further described as the North 50 feet of Lot 14, Block C, Re -subdivision of part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East. Collier County, Florida, for the following: A variance from Section 5.03.06.E.5 of the Collier County Land Development Code, to reduce the required side/riparian setback for dock facilities on lots with water frontage of less than 60 feet from 7.5 feet to 0 feet for a lot with 50± feet of water frontage, for the benefit of the subject property. Said changes are fully described in the Proposed Site and Dock Plans attached as Exhibit "B" and are subject to the condition(s) set forth below. ATTACHMENTS. > 0 Exhibit A - Resolutions 2012-265 and 2012-266 Z c Exhibit B - Proposed Site and Dock Plans .15 as a LEGAL DESCRIPTION. r 10090 Gulf Shore Drive and is further described as the North 50 feet of Lot 14, Block C, Re - subdivision of part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East. Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. The approval is only for the residence at 10091 Gulf Shore Drive. Page 5 of 6 Packet Pg. 34 3.A.e 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. APPF, AT A. 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. 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. January 20, 2022 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 6 of 6 Packet Pg. 35 3.A.e EXHIBIT "A" 0 z c 0 r a� a Packet Pg. 36 3.A.e 8B 11 J RESOLUTION NO. 12- 2 6 5 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-1576, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.7 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 10090 GULF SHORE DRIVE FOR THE BENEFIT OF 10091 GULF SHORE DRIVE, CONNER'S VANDERBILT BEACH ESTATES IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06.E.7 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet as shown on the attached Exhibit "A", in the RSF-3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number VA-PL2011-1576 filed on behalf of Andrew Jaffe by Jeff Rogers of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 34, Block A, and the North 50 feet of Lot 14, Block C, Re -subdivision of part of Unit No. 1, CONNER'S VANDERBILT BEACH ESTATES, according to the plat thereof as recorded in Plat Book No. 3, Page 18, of the Public Records of Collier County, Florida (Folio No. 27530160008) Jaffe Variance NA-PL2011-1576 Rev. 12/12/12 INSTR 4785436 OR 4874 PG 1962 RECORDED 1/9/2013 4A6 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COL Q 1 of 2 COLLIER COUNTY FLORIDA REC $27.00 Ex-H1fT APacket Pg. 37 be and the same hereby is approved for a variance to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet as shown on the attached Exhibit "A", in the RSF-3 Zoning District, wherein said property is located. BE IT FURTHER RESOLVED that two conditions of approval apply to this variance: (1) that the parcel in question be granted its companion boat dock extension as applied for in BD-PL20110001573; and (2) that the lot containing the corresponding residence obtain a Certificate of Occupancy for building permit number PRBD20120304314. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this �1 This Resolution adopted after motion, second and majority vote this 12th day of December, 2012. ATTEST: BO DWIGHT E. BROCK, CLERK CO b.i y, .. s` k By: By: F y ut Clerk Approved as- ,t `µfprfn'and legal sufficiency: eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A — Site Plan CP\ 11-CPS-01128/30 Jaffe Variance NA-PL2011-1576 Rev. 12/12/12 2 of 2 OF ZON APPEALS Z C:IOJJN , FLORIDA 3IA A. HILLER, ESQ. Chairwoman 0 z c 0 a� a Packet Pg. 38 8Z09Z) LZ-U-ZI 9LZZ000Z0Z-1d-VA 'ON U01148d W-U0Z NOIS133(3 XBH- a zuowLi3euv:iuew43euv CD LU CL Z 05CL M 0 ti L, lo Exhibit A CL to w 0 -7-7 0 N 0 u 0 z vs 0 w 0 C wui 0) 0 a_ 0 0. .90 8A Q RESOLUTION NO.12- 2 6 6 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA REVERSING THE DECISION OF THE COLLIER COUNTY PLANNING COMMISSION AND APPROVING BDE-PL2011-000153 THAT REQUESTED A 19-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20-FOOT LIMIT AS PROVIDED IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO ALLOW FOR A 39-FOOT BOAT DOCK FACILITY ACCOMMODATING TWO VESSELS ON TWO BOAT SLIPS FOR PROPERTY DESCRIBED AS THE NORTH 50 FEET OF LOT 14, UNIT NO. 1, CONNER'S VANDERBILT BEACH ESTATES SUBDIVISON, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, on May 3, 2012, the Collier County Planning Commission heard the petition and denied the boat dock extension; and WHEREAS, R. Bruce Anderson, Esquire of Roetzel and Andress LPA, representing Andrew Jaffe, filed an appeal of the decision of the Planning Commission; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a boat dock extension as provided in Section 5.03.06 of the Land Development Code to permit a 39- foot boat dock facility, as shown on the attached Exhibit "A", in the RSF-3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The decision of the Collier County Planning Commission is reversed and Petition Number BDE-PL2011-1573 filed on behalf of Andrew Jaffe by Jeff Rogers of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Jaffe Boat Dock Appeal\ADA-PL20120001218 1 of 2 Jaffe Boat Dock Ext.\BDE-PL2011-1573 Rev. 12/ 12/ 12 Packet Pg. 40 3.A.e 8A Lot 34, Block A, and the North 50 feet of Lot 14, Block C, Re -subdivision of part of Unit No. 1, CONNER'S VANDERBILT BEACH ESTATES, according to the plat thereof as recorded in Plat Book No. 3, Page 18, of the Public Records of Collier County, Florida (Folio No. 27530160008) be and the same is hereby approved for a 19-foot extension of a boat dock over the maximum 20- foot limit to allow for a 39-foot boat dock facility in the RSF-3 zoning district wherein said property is located, subject to the following condition: 1. The boat dock is only allowed as an accessory use to the residence at 10091 Gulfshore Drive. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote this 12th day of December, 2012. ATTEST: DWIGHT E.,.BROCK, CLERK $� C Clerk Approved as to form and legal sufficiency: Do Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A — Site Plan BOARD OF ZONING APPEALS COL�,IER COUNTY, FLORIDA By: 1 A A I \/\ / qE A A HILLER, ESQ. 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December 23, 2021 PETITION. PETITION NO. BDE-PL20200002573 — 10090 &10091 Gulf Shore Dr. — Request for a 25- foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat docking facility protruding a total of 45 feet into a waterway that is 100± feet wide, pursuant to LDC Section 5.03.06. The subject property is located adjacent to 10091 Gulf Shore Drive, further described as the North 50 feet of Lot 14, Block C, Re -Subdivision of Part of Unit No. 1, Conner's Vanderbilt Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner desires to reconfigure the existing dock facility that required a similar Boat Dock Extension (BDE-PL20110001573) and companion Variance (VAPL20110001576) for a 25-foot extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to construct a boat docking facility protruding a total of 45 feet into a waterway. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) 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. 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. There is a companion Petition No. VA-PL20210002276 for a dock side/riparian setback reduction. Page 1 of 7 CV M N N T M ti LO N O O 0 0 N O N J a n Packet Pg. 52 3.A.f 6. The subject property at 10090 Gulf Shore Drive is a small legal non -conforming lot, approximately 50 feet x 30 feet, situated at the southwest corner of a canal, between two single- family residential lots. As a result of this oddity, the property's riparian area resembles an isosceles right triangle, and the existing dock is an accessory to the single-family residence across the street at 10091 Gulf Shore Drive. The disconnected property and existing dock were all worked out and approved in 2011, as described below. 7. The existing dock navigated a series of public hearings in 2011 to obtain a side -riparian setback of zero feet where no less than 7.5 feet is permitted as of right, and a dock extension of 19 feet beyond the 20-foot limit. These two variances were denied by the Planning Commission but approved by the County Commission (acting in its capacity as the Board of Zoning Appeals). Those resolutions are attached and incorporated herein as Exhibit "A." Those approvals and the associated backup documentation appear to legitimize the odd property configuration bisected by Gulf Shore Drive and, for purposes of the residential dock, unifies 10091 and 10090 Gulf Shore Drive. In other words, the dock at 10090 can only be an accessory to 10091. 10090 Gulf Shore Drive is not a stand-alone boat dock lot. 8. Fast forward ten years, the property owner is requesting the same type of variances to accommodate a larger vessel (48 feet) from the one approved in 2011 (35 feet). To accomplish this within the unique riparian area, the dock plan is angled and shifted north, putting the large vessel on the south side of the dock and a proposed "decked over elevator lift" for personal watercrafts/kayaks on the north side of the dock. To accomplish this cleaver use of the small right -triangular riparian area, the companion variances requested are for a zero riparian setback and a 25-foot extension. This decision pertains to the dock extension variance. 9. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. 10. The County's Land Development Section 5.03.06.H. lists the criteria for dock facility extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock extension request if it is determined that at least four (4) of the five (5) primary criteria, and at least four (4) of the six (6) secondary criteria have been met.' Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi - 'The Hearing Examiner's findings are italicized. Page 2 of 7 Packet Pg. 53 3.A.f family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The subject property is improved with a single-family residence at 10091 Gulf Shore Drive, allowing for up to two boat slips by the standards in the zoning district. The proposed project consists of replacing the existing dockfacility with a two -lift docking facility; one lift is to accommodate a 48 foot vessel and the other will be decked -over to be used for kayaks and/or up to two personal watercraft. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) The record evidence and testimony from the public hearing reflects that the criterion HAS NOT BEEN MET. Water depth is not the driving factor for this petition. The applicant is seeking the subject BDE to accommodate a 48 foot vessel which required the existing dock facility to be reconfigured. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEENMET. The proposed dock facility is located at the end of a canal and is not located within any marked or charted navigable channel. The applicant further states that the proposed dock has been designed to not restrict the waterway any further than the existing facilities. No abutting or nearby residents objected to this petition. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET As noted within the project purpose/description, this dock facility is located on a unique parcel with only 50 feet of water frontage located at the terminal end of a man- made canal. The applicability of this criteria is challenging as the parcel is located on a canal measuring 104::L feet in width; however, the opposite shoreline is 1,400::L feet to the east. Typically, the protrusion measurement for this criterion is taken to wither the MHWL or, when applicable, to a dock facility on the opposite shore. The only reference as to how to determine width is located within LDC Section 5.03.06.C.2.a which is not applicable; it indicates width is measured to the property directly across the waterway. Additionally, the proposed dock facility will be within the allocated riparian area. The proposed dock Page 3 of 7 CV M N N T M ti LO N O O O O N O N J IL n Packet Pg. 54 3.A.f facility satisfies the intent of this criterion as the proposed dock facility protrudes less than 25 percent of 1,400f feet. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The property on which the proposed docking facility will be located has already been granted a 0' side riparian setback variance under Resolution 12- 265. The main difference in this proposal, as opposed to the approved design, is that the portion of the proposal that abuts the riparian line will be slightly further into the waterway (not closer to or over the riparian line). Therefore, the proposed dock will not infringe upon the side setbacks any more than has already been approved. Furthermore, it will be located entirely within the riparian area of the owner's property. Being at the end of the canal, the additional 9' of protrusion should not affect any neighboring property owners. No neighboring/abutting or nearby residents objected to this petition. Secondary Criteria: Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEENMET. As noted above the proposed dockfacility is located at the southwestern end of a man-made canal and has a total shoreline of 50 linear feet. Additionally, the converging riparian lines associated with this parcel reduce the configuration and design options of this dock facility. Therefore, the limited shoreline and associated riparian lines are the special conditions causing this request. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The proposed dock facility will cover only 288 square feet of overwater structure and the finger pier portion has been minimized to 3 feet in width. The proposed deck area is the minimum needed to support reasonable and safe access to vessels for loading/unloading and routine maintenance. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Page 4 of 7 CV M N N T M ti LO N O O 0 0 N O N J IL n Packet Pg. 55 3.A.f The record evidence and testimony from the public hearing reflects that the criterion HAS NOT BEEN MET. The subject dock facility has been designed to accommodate one 48- foot vessel and two personal watercraft each of 12 feet; the combined vessel total is 72 feet which exceeds 50 percent of the applicant's total shoreline (50 feet). 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEENMET. The proposed dock has been designed within the designated riparian lines and is located at the end of a canal; properties to the west are across gulf shore drive. As the end of the canal already has two other dockfacilities there should not be any impact to existing views. No neighboring/abutting or nearby residents opposed this petition. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The submerged resources survey provided indicates that no seagrass beds exist within 200 feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) The record evidence and testimony from the public hearing reflects that the criterion is NOT APPLICABLE. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the sea walled basin of Port of the Islands; the subject property is not located within Port of the Islands. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.1-1 of the Land Development Code to approve Petition. The Petition meets 4 out of 5 of the primary criteria and 4 out of 6 secondary criteria. DECISION. The Hearing Examiner hereby APPROVES Petition No. BDE-PL20200002573, filed by Nick Pearson of Turrell, Hall & Associates, Inc., representing Andrew T. and Fern B. Jaffe, with respect Page 5 of 7 Packet Pg. 56 3.A.f to the property described as 10090-91 Gulf Shore Drive and is further described as the North 50 feet of Lot 14, Block C, Re -subdivision of part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East. Collier County, Florida for the following: • A 25-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 45 feet into a waterway that is 100f feet wide, for the benefit of the subject property. Said changes are fully described in the Proposed Site and Dock Plans attached as Exhibit "B" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A - Resolutions 2012-065 and 2012-066 Exhibit B - Proposed Site and Dock Plans LEGAL DESCRIPTION. 10090 Gulf Shore Drive and is further described as the North 50 feet of Lot 14, Block C, Re - subdivision of part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East. Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Subject to the approval of companion petition VA-PL20210002276. 3. The approval is only for the residence at 10091 Gulf Shore Drive. 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 6 of 7 CV M N N M ti LO N O O 0 0 N O N J IL n Packet Pg. 57 3.A.f 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. January 20, 2022 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 7 of 7 Packet Pg. 58 3.A.f EXHIBIT "A" Packet Pg. 59 3.A.f 8B 11 J RESOLUTION NO. 12- 2 6 5 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-1576, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.7 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 10090 GULF SHORE DRIVE FOR THE BENEFIT OF 10091 GULF SHORE DRIVE, CONNER'S VANDERBILT BEACH ESTATES IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06.E.7 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet as shown on the attached Exhibit "A", in the RSF-3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number VA-PL2011-1576 filed on behalf of Andrew Jaffe by Jeff Rogers of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 34, Block A, and the North 50 feet of Lot 14, Block C, Re -subdivision of part of Unit No. 1, CONNER'S VANDERBILT BEACH ESTATES, according to the plat thereof as recorded in Plat Book No. 3, Page 18, of the Public Records of Collier County, Florida (Folio No. 27530160008) Jaffe Variance NA-PL2011-1576 Rev. 12/12/12 N M N N M ti N 0 0 0 0 N 0 N J a. n T INSTR 4785436 OR 4874 PG 1962 M RECORDED 1/9/2013 4A6 PM PAGES 3 Q DWIGHT E. BROCK, CLERK OF THE CIRCUIT COL 1 of 2 COLLIER COUNTY FLORIDA REC $27.00 _ EXHIBIT ii Tacket Pg. 60 be and the same hereby is approved for a variance to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet as shown on the attached Exhibit "A", in the RSF-3 Zoning District, wherein said property is located. BE IT FURTHER RESOLVED that two conditions of approval apply to this variance: (1) that the parcel in question be granted its companion boat dock extension as applied for in BD-PL20110001573; and (2) that the lot containing the corresponding residence obtain a Certificate of Occupancy for building permit number PRBD20120304314. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this �1 This Resolution adopted after motion, second and majority vote this 12th day of December, 2012. ATTEST: BO DWIGHT E. BROCK, CLERK CO b.i y, .. s` k By: By: F y ut Clerk Approved as- ,t `µfprfn'and legal sufficiency: eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A — Site Plan CP\ 11-CPS-01128/30 Jaffe Variance NA-PL2011-1576 Rev. 12/12/12 2 of 2 OF ZON APPEALS Z C:IOJJN , FLORIDA 3IA A. HILLER, ESQ. 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L7- r7- 7L r7G7nnnn7n7-1,4- =i(1q ' N uomm,4 7n.77n7 rmnmigwn x=i w.=i memu en :mewLio n¥ 5 a 00 \ d \�3 S Nl� ww \ £w % e y � y � &�^ � \ 25 �e U O � � w m 0 a 0 w a LU IL % 0 = a0 m � pA20132.00; dock ,_ gulf shore dr\C mPERCOU NTY\ m DE.d _ _POS mDOC Km9/20 21 8Z09Z) �Z-£Z-U £LSZ000OZOZ-ld-3a8 'ON u011118d ZO-ZZOZ Noisma X3H - 3 lUGWLj3BUV :;UGWLjo lV M M 8Z1 e N )9Z) �Z-£Z-U £LSZOOOOM-ld-308 'ON u01148d ZO-ZZOZ NOIS133a X3H - 3;u8w4oe;;d :;uGwLp ;I to IIa_ \ m II \ Y I H ILL �0J � � Q 00 m M LU J ry Q O o > W J W LUU a� 0 ry a LU Q 0 � 0 m , - , LU J < N 0 < �m J > x _ Z) Q d LL Cn I11111 �eeee_ 0:\20132.00 iaffe dock-10091 gulf shore dr\CAD\PERMIT CROSS SECTION BB 8Z09Z) �Z-£Z-U £15Z0000ZOZ-ld-3a8 'ON u011118d ZO-ZZOZ Noisma X3H - 3 Iu8W143B V :;uawy3L'IIV � W Lu Lu Z 2 U H w U- -) Q(DOa `� l Lwow (D > 014 CnI) Q W Z O Jr++ LuW—a I* 0 co ZO§a t` 0 z 0 a Ow 0 Z w J W :, N W, - O N af O 0 a3d i Lu N z wN �a< ?x Z O x4" ruiW t7 aw= wa M' �a W Z O 0 o c U S F Z U Ma O 0 ail U Q zU W. Z LL D_'tga U u) W Q W H-Z QyLL WW3� o.�a wQ O>w3o: aLL�'ow�o3�?zow0 o33aioa Lg2WiL W �aw7U?=0�� i/jww3�yaNOQ��orr W =��O o.x-� 000 FPZ<w aw3P a�� �Z O 1,1W 1C) 1(.5 I N p:\20132.00jaffe dock-10091 gulf shore dr\CAD\PERMIT-COUNTY\20132-BDE.dwg SUBMERGED RESOURCE SURVEY 5/19/2021 Q vi 8Z09Z) �Z-£Z-U £LSZOOOOZOZ-ld-3a8 'ON u011118d ZO-ZZOZ Noisma X3H - 3 IUGWLj3BPV :;UGWLj3 IV P"! 00 a d z U) z 3 0 z ° Z �o zmo.. zzw6 Z� N Q Z I N ty W 0c) zo LLw J C.)k DQ U 0 0 1p \20132.00 jaffe dock-10091 gulf shore dr\CAD\PERMIT-COUNTY\20132-BDE.dwg ADJACENT DOCK 5/19/2021 Collier county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Administrative Boat Lift Canopy and Boat Lift Canopy Deviation Application Land Development Code section 5.03.06 G Chapter 3 of the Administrative Code PETITION NO: PROJECT NAME: Jaffe Canopy DATE PROCESSED: Land Development Code section 5.03.06 G (Dock Facilities) includes provisions for the installation of "boat lift canopies," defined as "A covering that is applied to a boat lift over a legally permitted dock." LDC section 5.03.06 G provides standards for these canopies. 3.A.g Check here if requesting deviation — LDC 5.03.06 G.3. (public hearing advertising and notification fees apply) If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G., then a petition for a boat lift canopy deviation may be made to the Office of the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. The assigned Planner will take the appropriate steps to prepare the application for the Hearing Examiner hearing. This is an administrative review to determine compliance with the provisions of the LDC. If any other State or Federal permit is required, the applicable permit(s) must be obtained prior to construction or installation of the boat lift canopy. Please contact the State Department of Environmental Protection (239-332-5600) and the US Army Corps of Engineers (239-334-1975) to determine if permitting is required. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Andrew T & Fern B Jaffe Name of Applicant if different than owner: Francine Holt Address: 10091 Gulf Shore Dr Telephone: 239-293-3500 E-Mail Address: andrewjaffe@hotmail.com Name of Agent: Francine Holt Firm: Waterway Boat Lift Covers Address: 15040 Tamiami Trl Telephone: 941-505-0237 E-Mail Address: fholt@waterwayblc.com City: Naples Cell: City: Punta Gorda Cell: State: FI ZIP: 34108 State: FI ZIP: 33955 09/2022 Pa Packet Pg. 71 Collier county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY INFORMATION Property ID Number: 27530160008 Subdivision: 233500- Conners Vanderbuilt BCH #1 Address/General Location of Subject Property: 10091 Gulf Shore Dr. Naples, FI 34108 Section/Township/Range: 29 / 48 / 25 Unit: 1 Lot: Block Current Zoning and Land Use of Subject Property: Single Family Residential STANDARDS FOR BOAT LIFT CANOPIES LDC section 5.03.06 defines boat lift canopies as, "A covering that is applied to a boat lift over a dock legally permitted by the requisite local, state and federal agencies." LDC section 5.03.06 G provides standards for these canopies as follows: 3.A.g a) Canopies shall not extend more than 27 inches beyond the width of the boat lift on each side. Total width of Canopy 15.2 b) Does Canopy extend beyond width of boat lift? ❑ Yes ❑� No If yes, how many inches? 0 c) The length of the boat lift Canopy shall not exceed 35 feet. Length: 45 ft. d) The height of the boat lift Canopy shall not exceed 12 feet, measured from the highest point of the Canopy to the height of the dock walkway. Total Height: 12 ft. e) The sides of the Canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18' shall be permitted on the sides. Length of Drop Curtain: inches. f) Boat lift Canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. g) Canopy cover material shall be limited to beige, or mid -range shades of blue or green. Canopy Color: h) No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. Lots with frontage on canals shall be permitted a maximum of 1 boat lift Canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift Canopies per site. If an applicant wishes to construct a boat lift Canopy that does not meet the standards of LDC subsection 5.03.06 G.1, then a petition for a boat lift Canopy deviation may be made to the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. SUBMITTAL REQUIREMENT CHECKLIST See Chapter 3 B. of the Administrative Code for submittal requirements. REQUIREMENTS FOR REVIEW: REQUIRED NOT REQUIRED Completed Application (download current form from County website) ✓❑ Completed Addressing Checklist ❑✓ Property Ownership Disclosure Form ❑✓ Signed and sealed survey, showing any existing dock facility ❑✓ Scale drawing of the proposed Canopy. (Please refer to page 4) ✓❑ Sample of the fabric for color review. ❑✓ ❑ m a� 0 as `o as 0 0 r c ca 0 as 0 0 r V J m 0 N 0 M 0 0 0 M N 0 N J a. 0 N 0 m N 09/2022 Pa Packet Pg. 72 C ovieY County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov m a� FEE REQUIREMENTS Pre -Application fee: $500.00 a� Boat Lift Canopy Administrative Review fee: $500.00 ✓ Fire Planning Review Fee: $100.00 0 Additional fees, If requesting a deviation: a, Estimated Legal Advertising fee: $1,125.00 O O FVIIf applicable, an additional fee for Property Owner Notifications will be be billed to the applicant afterhearing date. (Variable) o 0 0 r U *If requesting a deviation, listing all registered homeowner and civic associations affected below is required.* m W N O M ASSOCIATIONS O c M N O Required: List all registered Home Owner / Civic Association(s) that could be affected by this petition and N a located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. 00 o Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Q Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: 09/2022 City: City: City: City: City: State: ZIP: State: ZIP: State: ZIP: E R Q r State: ZIP: E r State: ZIP: Q Pa Packet Pg. 73 Collier county 3.A.g Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. 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. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AN D ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS BOAT LIFT CANOPY APPLICATION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Andrew Jaffe (Mar 20, 2023 17:17 EDT) Applicant Signature Andrew T Jaffe Printed Name Date 09/2022 Pa Packet Pg. 74 ling L600L PUB 0600L (3318 9Z0£000£ZOZ-ld : 8Z09Z) Adoueo came£ - dmpe8 - =1 0 r--I 0- E Im, Q O � — N U E x O U � Q X 0 0, o U -0 Q � Q �a f6 Q O 4 a- fB } U E � J O m f� > � Q1 a-•+ a-J Q1 � L J Q 4- E 'N Q O E W Q N v N � O Ea--+ co z-"o� �N� 3.A.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) VA-PL20210002276, BDE-PL20200002573, BLC-PL20230003026 1 Andrew,lafle (print name), as Owner (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerQapplicant =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 Waterway Boat Lift Covers/ Francine Holt to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership, • If the applicant is a trust, then they must include the trustee's,name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. � nnE!!w Jd�r4 (Fp!].9023 "69T EOT1 Signature STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was acknowieged before me by means of El physical presence or El online notarization this 3rd day of April , 20 23 by (printed name of owner or qualifier) Anlc--ew Such person(s) Notary Public must check applicable box: El Are personally known to me E] Has produced a current drivers license Has produced as identification. Notary Signa CP108-COA-001151155 REV 3/4/2020 Notary Seas ,i►aY av""' SOLITAIR MARiE HOLLENBACK i° • �� Notary Public - 5tate of Florida Commission ; HH 169193 My Comm. Expires Aug 24, 2025 8cnded throcgh Natiorai Notary Assn. M Packet Pg. 76 3.A.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) VA-PL20210002276, BDE-PL20200002573, BLC-PL20230003026 I, Fem B Jaffe (print name), as Owner (title, if applicable) of 10091 Gulf Shore Dr (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0applicant =contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize waterway Boat Lift Covers to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner' of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words "as trustee': • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. i4044 erni IA ,202314:19Eor) Signature STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was acknowleged before me by means of physical presence or ®x online notarization this 13t day of ApM .2023 , by (printed name of owner or qualifier) Fem B Jaffe Such person(s) Notary Public must check applicable box: El Are personally known to me 0 Has produced a current drivers license Has produced Notary Signatur CP108-COA-001151155 REV 3/4/2020 as identification. SOLITAIR MARIE HOLLENBACK Notary ry Public -State of Florida ''�� o<F C'artiinis (rlhtk HH 169193 ox ° My Comm. Expires Aug 24, 2025 BcndeC throtgh National Notary Assn, M Packet Pg. 77 3.A.g coT1Ge,-r co1.nty Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 27530160008 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] CONNER'S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 34 AND PART OF UNIT 1, BLK C, DESC AS N SOFT LOT 14 LYJ8 STREET ADDRESS(ES) where applicable, if already assigned. 10091 Gulf Shore Dr PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@col liercountyfl.gov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME PROPOSED PROJECT NAME Jaffe Canopy PROPOSED STREET NAME(s) Gulf Shore Dr LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountvfl. aov Packet Pg. 78 Cofer County 3.A.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: t: Name and Address % of Ownership Andrew T Jaffe 50 Fern B Jaffe 50 If the property is owned by a CORPORATION, list the officers and stockholders and the ercentaae of stock owned by each: Name and Address I % of Ownershia If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage or interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 79 Cofer County 3.A.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.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 g 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 II Ill.cl J, JWt. lulu cl J, uCI ICI II.l C1I ICJ, ul F1 C1I LI MI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of lit-Cl J, II C1 l.ul Elul C1llu11, Flat l-I ICI JI lip/ ul U uJl. Name and Address Date subject property acquired 6/6/20 11 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 80 CoUjil-r County 3.A.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 m Date of option: _ 7 as Date option terminates: , or 0 Anticipated closing date: 0 z Cn 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 O L_ Andrew Jaffe (Mar 21, 202314:36 EDT) Agent/Owner Signature Andrew T & Fern B Jaffe Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Packet Pg. 81 3.A.g NARRATIVE STATEMENT The subject request is for a Boat Lift Canopy Deuiation at 10091 Gulf Shore Driue. This property is comprised of two portions, split by Gulf Shore Driue, with the residence being located to the west and the boat dock facility to the east; this is a legally nonconforming situation that the Code would not allow to occur today. The existing dock facility, with boatlifts, was constructed by means of Collier County Building Permit No. PRMAR20220207585 for which a Certificate of Completion was issued on September 15, 2022. It is understoc that the existing boat dock facility required the approual of two separate land use petitions to be constructs a Variance reducing the side/riparian setbacks to zero (HEX Decision No. 2022-01) and a Boat Dock Extensio (HEX Decision No. 2022-02) that allowed for a 45-foot protrusion. Waterway Boat Lift Couers will be using a 17.5oz uinyl fabric which will be supported by an aluminum fram The uinyl top is then strapped and bungeed to the aluminum frame to secure the top. The customer chose th color beige for the uinyl top color. The aluminum frame is attached to the boat lift I -Beam and secured usini stainless steel Z plates and the beam is locked down with U bolts and lock washers and nuts. The canopy w measure 45 feet by 15.2 feet which exceeds the allowable maximum length of 35 feet absent a Boat Lift Canopy Deuiation. The facility is unable to accommodate a longer canopy without encroaching into the neighbor's riparian area. Said boat lift canopy will meet the requirements of Awnings and Canopies in the Florida Building Code. There is neither a boathouse nor another couered structure at this location. It is the recommendation of Waterway Boat Lift Couers that the property owner or resident remoue the subject boat Lift canopy for safekeeping in the euent of inclement weather should winds be forecasted to exceed 70 MPH. m a� a� 0 a� L 0 v! r O� O 0 r c O 0 O O_ 0 U J m O N O M O 0 0 M N O N J a 00 N O W Packet Pg. 82 10i ling L600L PUB 0600L (3019 9Z0£000£ZOZ-1d : 8Z09Z) Adoueo came£ - dmpe8 - =1;uauayoepV :;uawtpe;a U- M F- 0 O In m cn m 0 QC co a Li UPLI \r�!� _ r / r� L 3� / Ox / 1 \LU Y Le ° { ;0 1 o~ w �� J W Ui 0 i Y r O J Z a cn xtu �U) �a w© a- Z 0=) O�0 a. co �� r 0 � N (} N ON cc cc cr- �a x LU d a 3 o 2 z w 0 a w o z w W N ry e 0 r G N x 0 p Q N 4 Z w Xd p aq `" w[ kNWa awx nM�� a.3 wwa i[~7p off?[ U C)Q pw 4gtn} Op~� Q[ 0wz n Oo5wa6w x A" �'38 7pti q Q"-o:pl-� n w a}> z Z O o y wwi f!1 N o f g 0 6IM �av=i °dw31= a p:120132 00 jafle dock-10091 gulf share dryOADlFEFiMIT-COUNM20132-13UE.d g PROPOSED DOCK TM2021 PatlooSOOO 508 BLACK 858508 523 WHITE 513 CLEAR 858523 858513 541 DESIGNER WHITE 858541 524 EGGSHELL 858524 61 " / Nominal 17.5 oz. per square yard. Put up on approximately 50 yard rolls. Patio 5000 has exceptional resistance to mildew and UV rays making this waterproof fabric the perfect choice for awnings, canopies and commercial installations in sunny, high humidity areas. Made with wick and craze resistant polyester weft -inserted warp knit scrim, Patio 500 has a matte, linen -like finish that combines long-lasting good looks with exceptional dimensional stability and superior strength. It accepts graphics including heat -sealed and inset fabrics, silk screening, hand painting, applique and more. Pressure sensitive adhesive vinyl graphics are not recommended. Made in the USA. 5-Year Limited Warranty (excluding pattern 513 Clear). FIR Standards Met: California State Fire Marshal F-86501; NFPA 701; ASTM E84, Class A 506 SLATE GRAY 858506 528 PEWTER 858528 546 STONE GRAY 858546 540 TIMBER 858540 543 SPRUCE 858543 525 ENGLISH BROWN 858525 516 BROWN 858316 526 TERRA COTTA 858526 538 PARCHMENT 858538 537 CHAMPAGNE 858537 522 BEIGE 8585221 515 BUFF 858515 Packet Pg. 84 (aamer - anlia -oLIS llnJ MU Pue 0600E (1318 9Z0£000£ZOZId : 9Z09Z) Adouea as-4er - dnjoe8 - j juawyoeUV :3uewyoeuy r a x w ¢L± m o� w ..Q N X iz no w 0a� ..xmx .. $our• xg o V o Xr _ OHO OHO �> i > i 30 moo W 00 z H m Q m p O Z w w m~ K i III Few WKZa J p� F¢O U1� zOU N r VI _ z� F p o r� K6F "'0.j m !nH 4 UKN FN w.w U) uJ o in o Q 0woFm¢�omw"�oVKtiwooZ0 W z >ow o oPO N aOr�FOOZww¢m�z��=<v��az2�m0omWcQwY0<o�Oli�U > J(u7ryryffi TMWin ioQ2l 3mia K Quo Ko0_Ut O F1OUm70 oo�z awo ¢ai_ ��wNm- o-I ar0oi ?oa a o aoU cV LL a=,r w ooN o�zmLL sm0 Q Qaao wmm w W oFoo U mo� � o o �U) o 0�o�z > W poa a oaN grgwooaF m mw aof Zgo �QO0 0pzpOuL[For ;0� Q z pw1. ? o>i ZQ wE w�Qbe Z¢ w a> a_ ¢N w0MWO W ZLL NO O �O zmD >O K K moo� � LL Ow Z Q/W`m>J Um Dwo o a o0 awz o wwSw .o=w zIOwm z ww a r zm� o .wQaoa0?.° iiiiiiiioS a�oMoog O o Z`0^o ¢ z0 R.LLJmzs�f�� lno �d�00 roo�c> t=r 0 O 1 I o H M. _ 0 • Scte //111111��� Y N WI^ � 7�� Y o, m w a 3 �Y m� x „ s - p 1 a o m O Q z F 0 zIL w o 0 Z w \bdb I N 50 00 ,1 3 ' 'S 10'3102 1 m 1 ling MOB pue 0600L 0319 9Z0£000£ZOZ-ld : 8Z09Z) Adoueo eamer - dnM3e8 - =1;uampe;;y :;uewg3e44y ling MOB pue 0600L 0319 9Z0£000£ZOZ-ld : 8Z09Z) Adoueo eamer - dnM3e8 - =1;uampe;;y :;uewgoe;;y 3.A.h From: KellyJohn Sent: Friday, July 7, 2023 4:57 PM To: KellyJohn Subject: BLCD-PL20230003026 - 10091 Gulf Shore Dr - Sign Posting Attachments: IMG_1417.jpeg; IMG_1419.jpeg I, John Kelly, hereby affirm that a Public Notice sign was posted to the front of the subject property, immediately adjacent to the public right-of-way, at approximately 2:30 PM this date, to advertise the upcoming hearing of said project on July 27, 2023, as evidenced by the attached photographs. Respectfully, John Keffy Planner III Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountyfl.gov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning COt�Y COunt y Growth Management Community Development Department Zoning Division size=2 width="100%" align=center> Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 88 z rn c si PUBLIC HEARINGI FOR BOAT LIFT CANOPY DEVIATION To Allow a 45-•foot Long Canopy 3.B 07/27/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Doc ID: 25936 Item Summary: Petition No. PCUD-PL20230002616 — Northbrooke Plaza — Request for a determination that the proposed use of an alternative learning and enrichment education facility is comparable in nature to other permitted uses in Section III, Tract A, of the Northbrooke Plaza Planned Unit Development (PUD) adopted by Ordinance Number 98-59. The subject property is located at 2659 Professional Circle, Naples, FL 34119 also known as Northbrooke West, a Commercial Condominium, Units 1107 and 1108, in Section 19, Township 48 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 2 Meeting Date: 07/27/2023 Prepared by: Title: Principal Planner — Zoning Name: Sean Sammon 06/26/2023 1:56 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 06/26/2023 1:56 PM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Completed 06/26/2023 5:18 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 06/27/2023 5:19 PM Zoning Sean Sammon Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending Skipped 06/22/2023 1:19 PM Completed 06/28/2023 9:54 AM Completed 06/30/2023 4:21 PM 07/27/2023 9:00 AM Packet Pg. 90 3.B.a C o 'ier County STAFF REPORT 0 TO: COLLIER COUNTY HEARING EXAMINER v a FROM: ZONING DIVISION — ZONING SERVICES SECTION `° N M GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT a as HEARING DATE: DULY 27, 2023 0 0 z SUBJECT: NORTHBROOKE PLAZA PUD, COMPARABLE USE 0 DETERMINATION (PCUD), PCUD-PL20230002616 m M O! N PROPERTY OWNER/AGENT: Applicant/Owner: Northbrooke Professional Village, LLC 2659 Professional Cir, Ste. 101 Naples, FL. 34119 REQUESTED ACTION: Agent: Francesca Passidomo, Esq. Coleman Yovanovich & Koester, P.A. 4001 Tamiami Trl North, Ste. 300 Naples, FL. 34103 Request for a determination that the proposed use of an alternative learning and enrichment education facility is comparable in nature to other permitted uses in Section III, Tract A, of the Northbrooke Plaza Planned Unit Development (PUD) adopted by Ordinance Number 98-59. The subject property is located at 2659 Professional Circle, Naples, FL 34119 also known as Northbrooke West, a Commercial Condominium, Units 1107 and 1108, in Section 19, Township 48 South, Range 26 East, Collier County, Florida. GEOGRAPHIC LOCATION: The subject use will be housed in units 1107 and 1108 in the building at 2659 Professional Circle, located in Tract A of the Northbrooke Plaza PUD. The subject property is in the southwest quadrant of the intersection of Professional Circle and Professional Lane in Section 19, Township 48 South, Range 26 East, Collier County, Florida. (See location map page 2). Northbrooke Plaza PUD - PCUD-PL20230002616 Page 1 of 9 Packet Pg. 91 (Qnod ezeld a oo gL]:PoN:9 6 Z §ll,§Z 0 EZ Z d-Qnod-ez and a oo gt4:PoN-:podeN jjejS :juewt4oejjV q in ® a � � � a : Z \ : . . � LU P, (( _ 106 � | \$\� E� • . \. : e ® % u °- 1 wipupum Dr .■ «du ma y. BLV■ D _a -1-J f §ix A F 2 ■ f� s ; z , Z © � �75H m � 0 N- Sx 1-7 si NoUbmoke FaaPUD- PCUD-PUo moo qe Page 2yg � � � � CD (Y) C*4 (D C4 � � � � � E m Z C : � e � � 3.B.a SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property which is a Planned Unit Development (PUD). North: Planned Unit Development: Cypress Woods Golf & Country Club PUD East: Planned Unit Development: Huntington PUD South: Planned Unit Development/R.O.W./Mixed-Use PUD: Northbrooke Plaza Tracts D through T, Northbrooke Plaza Drive, Immokalee RD, Malibu Lake MPUD West: Planned Unit Development/Interstate Highway/Planned Unit Development: Northbrooke Plaza Tract A remainder/1-75/Pelican Strand PUD Collier County GIS The images below verify that the allowable uses in Tract A from Ordinance 98-059 remain as is and apply to Tracts A, B, and C in the replat of Northbrooke Plaza as shown in Plat Book 48 Page 66. Northbrooke Plaza PUD - PCUD-PL20230002616 Page 3 of 9 Packet Pg. 93 (aflad ezeld a)looagy:PoN 9£6SZ) 969Z000£Z0ZId-afl3d - ezeld a3joojgy:a0N-:podeN }je;S :;uewt4oe;;d Ia le in M ab a w a ! y-m Haim 1 V" r.wr gar wd vzv-w N"O Udm ii> xaM 'a AUMlaU (SFWP J01 '37V UBPft Wd 69e) >SOMY Wi arr ..ny we sung -H 0Z pea 1N3W3L 00:1M NOItV-M.LE;MU L1W"7Ud N4LLVJ 3D5A 3ALLV1q v!er I I L��� SU BJ ECT� PROPERTY t �l 1e�r r�a�e� Master Plan from Ordinance 98-059. 4d r Northbrooke Plaza PUD - PCUD-PL20230002616 Page 4 of 9 cq 00 ai (an3d BMW eMooagy:PoN : 9£69Z) 9WZ000£Z0Z-1d-an3d - BMW eMooagy}PoN - podall }fie}$ :}u9uayoejjV 19 19 x s�sss�ss� - Q N t,rK_ <? SOII--- b e, --� a °c'rct5 w • Sw.aT _ N /� ° -—_------- — --- —_--- — ------------ ------ - L - a -'-- - 'Im'--� O ZO I �3� kid Aga ow aI s SUBJECT 8 __-------31 PROPERTY �=;'m======---- ��� ''gym -� � � � � � •�� !� =]�! •��- �V l_-------- _------- =- " w • r� � p 0 ul " 1 � � rt 0 Z . a '`^ --------=----------------`l •� UOJ dam '�� l$ Q �W $.; n� t 0 1 _5.a� 'ss J v d _ _ __ __ aO .y b2W--i k, _b""R:..' '12 �_551 •-qi c Y� Replat for Northbrooke Plaza in Plat Book 48 Page 66. Northbrooke Plaza PUD - PCUD-PL20230002616 Page 5 of 9 3.B.a PURPOSE AND DESCRIPTION OF PROJECT: The applicant is seeking confirmation that the intended use of an alternative learning and enrichment education facility is comparable with the several uses permitted as a matter of right in the Northbrooke Plaza PUD in Section III, Tract A. The intended use will offer programs in the core "STEM" areas which include classes, after -school programs, and holiday and summer camps along with the potential for indoor and outdoor recreational activities. The proposed use will be housed in the building located at 2659 Professional Circle in suites 1107 and 1108. Uses that operate in the PUD range from the intensive to the less intensive but include classroom and educational facilities for day and nighttime classes. This is verified with the official interpretation from June 30, 2009, see Attachment D. It was determined that education and support facilities are comparable and compatible with the uses allowed by right in Tract A. STAFF ANALYSIS: The subject property has a Future Land Use Designation of Urban Residential, Mixed -Use Activity Center #4 — I-75 and Immokalee Road (Interchange Activity Center) in the Future Land Use Element (FLUE p. 61-68, see Attachment B. Mixed -Use Activity Centers are intended to be mixed -use in character and are generally intended to be developed at a human -scale, to be pedestrian -oriented, and to be interconnected with abutting projects whether commercial or residential. Allowable land uses in Mixed -Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The Northbrooke Plaza PUD permits a wide range of retail and service uses including automobile service stations, hotels/motels, offices, financial institutions, medical offices, restaurants, drive-in facilities, food stores, retail stores, commercial and non-commercial recreational uses and facilities, civic, cultural, religious, and public services, shopping centers, and any other commercial use or professional service comparable in nature. The PUD permits a variety of commercial and non-commercial uses including: • Commercial and non-commercial recreational uses and facilities • Civil, cultural, religious, and public service uses and facilities • Medical offices, clinics, laboratories, and hospitals These uses will be the basis for comparable uses and compatibility. The proposed use of an alternative learning and enrichment education facility is similar in less intensity of traffic demand compared to the uses permitted by right in the PUD. The proposed use is comparable and compatible with existing uses allowed within the Northbrook Plaza PUD. The use is compatible with the existing uses as evidenced by previously issued approvals for educational facilities and programs in the PUD. The proposed use also has less of an impact on public facilities and trip generation compared to more intense uses permitted in the PUD. Per LDC § 10.02.06 K, a Comparable Use Determination (CUD) process is to be used to determine whether a specified use is comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. After staff evaluation of the criteria in LDC § 10.02.06 K.2, the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial. Northbrooke Plaza PUD - PCUD-PL20230002616 Page 6 of 9 Packet Pg. 96 3.B.a LDC §10.02.06 K Criteria listed in bold with staff analysis in regular font. A. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: Application Response: Uses that operate in the PUD range from intensive to less intensive, but importantly, specifically include classroom and educational facilities for day and nighttime classes. Also, the Tract A development standards of the PUD contain the notation "any other use comparable in nature...". This determination, "that the use for office and classroom uses associated with the main college campus of the existing Hodges University, on Tract B, is comparable and compatible with the uses allowed by right in Tract A", was determined in the Official Interpretation, INTP-PL2009000083, for Northbrooke Plaza PUD. Staff Response: The official interpretation approved on June 30, 2009, for a different building in Tract A and determined that the office and classroom use on Tract A of the PUD associated with the main university campus on Tract B, is comparable and compatible with the uses allowed by right in the Tract A. Furthermore, the proposed use in the subject property will involve the operational characteristics of the school operator, such as: i. Operating Hours: Application Response: During the school year, Monday through Friday from 2:00 p.m. to 6:00 p.m.; During the summer, Monday through Friday from 8:00 a.m. to 5:00 p.m. Staff Response: These operating hours are consistent with the proposed use and the educational enrichment programs being offered. These proposed hours are comparable and consistent with other uses allowed in Tract A. ii. Traffic Volume Generated/Attracted: Application Response: Minimal. Students' drop-off and pickup are staggered throughout drop-off/pickup hours, roughly an hour from 8-9 am for morning drop-off and 5-6 pm for pickup. Only 3-4 cars will ever congregate at a time due to the staggered drop-off/pickup windows, with a total of 20-25 vehicles moving through per day. Staff Response: Staff supports the minimal traffic volume generated by the proposed use and educational programs being offered. The Transportation Review verified approval of the traffic volume for the proposed use and that it is consistent and comparable with other allowed uses in Tract and won't generate a substantial increase in traffic volume. iii. Type of vehicles associated with the use: Application Response: 2-3 staff cars and 2 vans will be parked during business hours. Customer/Parent drop off and pick up times will add 3-4 cars to this. Staff Response: The vehicles to be used in association with the proposed use have minimal impact on the existing transportation facilities located at the subject property. The Transportation Reviewer found the vehicles for the proposed use are consistent and comparable with other allowable uses in Tract A. Northbrooke Plaza PUD - PCUD-PL20230002616 Page 7 of 9 Packet Pg. 97 3.B.a iv. Number and type of required parking spaces: Application Response: There will be no change to the existing required parking spaces. Staff Response: Staff supports and determines this is sufficient. V. Business practices and activities: Application Response: After School Enrichment classes, Summer Camps, and Single Day Camps Staff Response: These are the educational programs that are consistent with the proposed educational uses for the subject property, this is consistent with other educational service uses allowed in Tract A and is sufficient. B. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Application Response: There will be no negative impact regarding noise, glare, or odor effects on neighboring properties. The proposed use will be interior to the facility on the subject property. Staff Response: This is consistent with the proposed use on the subject property, since it will be interior to the existing facility with no proposed exterior changes, there will be no negative effects of noise, glare, or odor. C. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use; and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Application Response: The proposed use of a STEM based school is consistent with the GMP. Staff Response: The proposed use is consistent with the GMP because it is located within an interchange activity center. Those centers allow a full array of commercial uses, residential uses, institutional uses, hotel/motel uses. The inclusion of a STEM based school within this PUD would be classified as an institutional use, thus it is consistent with the FLUE. D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Application Response: This determination, "that the use for office and classroom uses associated with the main college campus of the existing Hodges University, on Tract B, is comparable and compatible with the uses allowed by right in Tract A", was decided in the Official Interpretation, INTP-PL2009000083, for Northbrooke Plaza PUD. Staff Response: The provided zoning interpretation determined on June 30, 2009, that this use was consistent and compatible for another building on Tract A. Based on the allowable uses listed in Ordinance 98-059, the educational service use of a STEM based school is consistent and comparable to other uses allowed in Tract A. Northbrooke Plaza PUD - PCUD-PL20230002616 Page 8 of 9 Packet Pg. 98 3.B.a E. Any additional relevant information as may be required by the County Manager or designee. Application Response: Regarding the students that will be served by the proposed use, there will be between 5 and 36 students at a time. The ages of students that will be served are primarily elementary -age students 5 - 11 years old. There will be no Pre-K students and no High School students. Staff Response: The educational use is for a narrow demographic. PUBLIC NOTICE: Per the LDC and Administrative Code a Neighborhood Information Meeting (NIM), posting of a sign on the subject property, and a mailing to surrounding property owners are not required. A newspaper advertisement for the Hearing Examiner public meeting is the only notice required (Administrative Code, Chapter 3L, and LDC § 10.03.06. O) and was posted in the Naples Daily News on July 7, 2023. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that the proposed use of an alternative learning and enrichment education facility that offers programs in the core "STEM" areas in PUD Tract A at 2659 Professional Circle, Naples, FL 34119, Commercial Condominium, Units 1107 and 1108, is comparable and compatible with the list of permitted uses contained in Section 3.A.2 of the Northbrooke Plaza PUD with the following conditions: 1. The ages of students that will be served are primarily elementary -age students 5 - 11 years old. There will be no Pre-K students and no High School students 2. The operating hours will be as follows: During the school year, Monday through Friday from 2:00 p.m. to 6:00 p.m.; During the summer, Monday through Friday from 8:00 a.m. to 5:00 p.m. ATTACHMENTS: A. Ordinance 98-059 B. FLUE Excerpt — Mixed -Use Activity Center Subdistrict C. Backup Package D. Official Interpretation: INTP-PL2009-083 Northbrooke Plaza PUD - PCUD-PL20230002616 Page 9 of 9 Packet Pg. 99 ORDINANCE 98- 59 i RECfr;; CInrk AN ORDINANCE AMENDING ORDINANCE NUMBER Board 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8619S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NORTHBROOKE PLAZA, FOR _ PROPERTY LOCATED IN THE NORTHWEST QUADRANT n OF I-75 AND NAPLES-IMMOKALEE ROAD (C.R. - � 846), IN SECTION 19, TOWNSHIP 48 SOUTH,C�- RANGE 26 EAST, COLLIER COUNTY, FLORIDA, r� CONSISTING OF 43 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE -" NUMBER 91-67, AS AMENDED, THE FORMER ry NORTHBROOKE PLAZA PUD; AND BY PROVIDING AN EFFECTIVE DATE. = Q' WHEREAS, William R. Vines of Vines & Associates, Inc., representing Robert S. Hardy, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 19, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8619S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 91-67, as amended, known as the Northbrooke Plaza PUD, adopted on July 30, 1991 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. ACTION THREE: MW This Ordinance shall become effective upon filing with the -- Department of State. -1- 3.B.b Packet Pg. 100 of County Commissioners of DULY ADOPTED by the Board 1998 PASSED AND of �r Collier County, Florida, this - day BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY! FLORIDR ATTEST gROCK, Clerk DWIGRT S. • A I .'�. ,signature ont1 Farm and 11 ved as $4al Sufficiency Ma-StuEient Assistant County Attorney This ordinonce filce SKWON of 5tote's OEEic_ t C UY- o%Z Hof edgement of that and O filing received this dOy � fjY pRyM C1wt 3.B.b Packet Pg. 101 NORTHBROOKE PLAZA A PLANNED UNIT DEVELOPMENT Prepared for: RSH of Naples, Inc. Prepared by: Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 34103 Phone: (941 ) 262-4164 Date Filed: Date Revised: Cate Recommended by CCPC: • Date Approved by BCC: 6 (23 1 98 Ordinance Number: 98-59 Packet Pg. 102 E 3.B.b 0 SECTION LOCATION MAP PAGE STATEMENT OF COMPLIANCE PROJECT PLANNING TEAM SECTION I. PROPERTY OWNERSHIP AND G-SCRIPTION 1 SECTION II. PROJECT DEVELOPMENT 4 SECTION III. PROJECT DEVELOPMENT REGULATIONS 8 SECTION IV. DEVELOPMENT COMMITMENTS 13 ATTACHMENT ' 1 " PUD MASTER DEVELOPMENT PLAN LAST 0 U d N R d d Y O O L t L O z M a) N Lo 0 co a) m c c =a O Q z w U a a r E w r a Packet Pg. 103 1 L rrtw r �waar�wl /1r,ru rnm „r 1 ^ 76 o/x r� 1 larrfrm't L� 1.1w1 �'IArC, 1/v17 .nrvlm c'rr olw,rw t�s nR/ CR U4G .n.a �•rnnw. A llin l� w rni. ^nn new / I. .. PROJECT t:vlr , u•. n[ a T.l Iw[lw1 •!� I Q..w.,q I..DR 1 �[ R - 70 M 7NRAR R t'w1 s 1.17[ loves ..w ... "r rw ng" ROAD ~ tutw 70['U• I I� !TOLD, MUNrM 1k A330CIATE9, INC. COLLICR COUNCY, FLORIDA u2r-/- CUMA.na r11r,[w1s - unn wlncnats NOR11II)ROOKE PLAZA - ssvm luau WIN IA arMWM ratr wlud I_OCA110N MAP 3.B.b ti m LEE CM R clxU 0 d Y 0 0 L Y L 0 z co M L0 N 0) Lo O co a) C C O Q H z LU U a r_ 0 t 2 Q �781 10 '_ Packet Pg. 104 9 STATEMENT OF COMPLIANCE The development of 39.9 acres of land In Collier County as a Planned Unit Development to be known as Northbrooke Plaza, together with development of a 2.855 acre access road, will be in compliance with the planning goals and objectives of Collier County as set forth In the Comprehensive Plan. The commercial and residential facilities developed within Northbrooke Plaza will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The Future Land Use Element of the Collier County Growth Management Plan providef at page LU-1-31 that 'if any project is 75% within an Activity Center, the entire project shall be considered to be within the Activity Center.' Slightly more than 80% of the subject property lies within an Interstate Activity Center. 2. The Future Land Use Element provides that, at page LU-1-30, Activity Centers are intended to be mixed use in character, i.e., commercial, residential, institutional. Northbrooke ?laze will be a mixed use project. 3 4. 5. N. The Future Land Use Element density rating system provides, at page LU-1-24 that with respect to resid?r+;ial development,; if the project is within an Activity Center, up to 16 residential units per gross acre may be permitted.' The residential component of thn project complies with this provision. The project will be served by a complete range of services and utilities, including potable water, sanitary waste treatment and disposal, electric power, telephone, cable television, solid waste removal. The project will be in compliance with all applicable County regulations including the Growth Management Plan. All final local development orders for the project will be subject to the Adequate Public Facilities Ordinance. Packet Pg. 105 0 I 3.B.b 1 6-8-98 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of: Northbrooke Plaza. The project site is 39.9+/- acres in area. The legal description of the project follows this page. II�JT•' : � • �. Title to the property is currently in Land Trust #54O5, held by Richard K. Bennett, Trustee. VMS A. The property lies in the northeast quadrant of the 1-75/lmmokalee Road interchange in Section 19, Township 48 South, Range 26 East. B. The property is PUD, proposed to be rezoned to PUD Planned Unit Development for commercial, residential, and related uses. The property is bounded on the south and west by the Immokalee Road Canal and lies within the Cocohatchee River watershed. Elevation ranges from about 11.5 feet to 13 feet above mean sea level, averaging about 12.25 feet. Wetlands on the property are limited to a .49 acre triangular area in the southeast corner of the property. Most of the vegetation on the property is pine and associated upland plants. The southwesterly portion of the property was cleared and used as a storage/work area when the 1-75/immokalee Road interchange and the associated canal relocation construction was undertaken. Soil types on the property are predominately Arzall fine sand. There is a minor area of Broward fine sand along the westerly edge of the property, and a small amount of cypress swamp soil at the southeastern edge of the property. Packet Pg. 106 I 3.B.b I 40 A parcel of land located In the Southeast quarter of Section 19, Township 48 South, Range 26 East, Collier county, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 19, Township 48 South, Range 26 0 East, Collier County, Florida, thence run South 89'34'36" West along the South v line of the Southeast quarter of the said Section 19 for a distance of 100.00 feet; a- thence run North 00'42'54' West parallel with the East line of the Southeast M N quarter of the said Section 19 for a distance of 100.00 feet to a point on the a Northerly line of a 100.00 foot County Canal easement and the POINT OF Y BEGINNING of the parcel of land herein described; thence continue North o 00942'54" West parallel with the East line of the Southeast quarter of the said -0 t Section 19 for a distance of 1,243.75 feet; thence run South 89' 17'06' West for o a distance of 450.00 feet; thence run North 45'45'00" West for a distance of Z 200.00 feet; thence run North 28'38'00" West for a distance of 321.01 feet; co thence run North 78'55'38' West for a distance of 544.92 feet to the Northeasterly corner of a drainage easement recorded in Official Record Book 365 at Page 414 of the Public Records of Collier county, Florida; thence run South 01'37'19* East along the Easterly line of said drainage easement for a distance of LO c 442.73 feet to the beginning of a tangential circular curve concave to the East; o thence run Southerly along the arc of said curve to the left, same being the U Easterly line of said drainage easement, having a radius of 2,650.79 feet through a central angle of 10'32'08", subtanded by a chord of 486.74 feet at a bearing of :a South 06'53'23" East, for a distance of 487.43 feet to the end of said curve; p thence run South 12'09'27" East along the Easterly line of the said drainage Q easement for a distance of 675.77 feet; thence run South 48'49'40" East along the Easterly line of the said drainage easement for a distance of 279.67 feet to a w point on the Northerly fine of a 100.00 foot County Canal easement; thence run North 89'34'36" East along the Northerly line of the said 100.00 foot County v Canal easement for a distance of 873.61 feet to the POINT OF BEGINNING_ Q Containing 39.90 acres, more or less. Subject to easements, reservations or restrictions of record. Bearings shown hereon refer to those shown on the State of Florida Department of Transportation Right -of -Way Map for Florida State Road No. 93 (Interstate (-75) Section 03175-2401. This legal description was derived from InformeWn shown on the Florida Departrnent of Transportation Right -of -Way Map of Starts Road No. 93 (Interstate 1-75) Section 03175-2401, Sheet 3, Collier County, Florida, together with supplementary information provided by client. This description has not been field surveyed. 2 Packet Pg. 107 LJ 0 •:• 9 ; J •► The Northbrooke Plaza project will be comprised of a mix of commercial and residential uses. Typical uses will include gasoline service stations, restaurants, general retail facilities, hotels/motels, offices, and multi -family residential units. The project applicant/developer will not be an end -user. End -users will typically be regional or national corporations which routinely locate in interstate Interchange commercial developments. The project owner/developer will secure appropriate plan approval and zoning, install access drives, utilities, and other required Infrastructure, and market ready to build on sites for development in accord with the approved PUD Master Plan, PUD regulatory document, and appricable other regulations. ja►MMMOU-1illl11[4 This ordinance shall be known and cited as the "NORTHBROOKE PLAZA PUD ORDINANCE". 3 Dnr4n4 D.. 4 nQ y 0 SECTION II PROJECT DEVELOPMENT The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. 2.2 (ENFRAI A. Development of this project will be governed by the contents of this document and applicable sections of the Collier County Land Development Code in effect at the time of Site Development Plan/Subdivision Master Plan approval(s). B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of Site Development Plan/Subdivision Master Plan approval(s). C. All conditions imposed and all graphic material presented depicting restrictions for the development of Northbrooke Plaza shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived by appropriate authority, the provisions of regulations not otherwise provided for in this PUD shall remain in full force and effect. A. This site is planned as a mixed use commercial/residential project which will Provide commercial services to highway travelers as well as to resider" in the vicinity. In addition to conventional Interchange related and surrounding neighborhood serving commercial services, conventional residential and/or retirement residential usage with supporting medical and related services will be incorporated in the project. The PUD Master Plan, known as Attachment " 1 which by reference Is made part of this document, divides the property into Tracts A and B, each of which is the subject of detailed standards which are set forth in this PUD document. The exact boundaries of development parcels are to be established at the time of construction plans and platting approval. 4 I 3.B.b I Packet Pg. 109 B. At the time of initial PUD zoning, no detailed development plan for the entirety of the site exists. The development intention is to provide appropriately zoned sites, with all necessary utilities in place, to accommodate commercial and related development projects, such as national motel and/or restaurant chains, gasoline service stations, retail facilities of various kinds, offices, and a residential development component. Since the project development sponsor will not be the end -user of the mixed use complex, plan approval will occur in four steps. The first step is establishment of the PUD document which includes developmental standards and regulatory requirements for the entire property. A Preliminary Subdivision Plat shall be submitted to Collier County for review and approval for the second step. Upon Preliminary Subdivision Plat approval, construction plans and a Final Subdivision Plat shall be submitted for review and approval which will be the third step. For the fourth step, one of the following will be provided for: The developer of any platted tract or parcel which is not intended to be further subdivided shall be required to submit and receive approval of a Site Development Plan in conformance with the requirements established within Div. 3.2 of the Collier County Land Development Code. 2. The developer of any platted tract or parcel which is Intended to be further subdivided shall be required to submit and receive approval of that further subdivision as required by Div. 3.3 of the Collier County Land Development Code. The owner may make adjustment to the tract boundaries, road alignment and other site improvements. Determination of whether the changes are substantial, or insubstantial, and the review process to be followed shall be in accordance with the Collier County Land Development Code. rn LO 0 00 rn m c c L Packet Pg. 110 3.B.b I C. Permitted development is indicated on the following table: LEASABLE F PARKING MAX. MAX, 11S,E ACRES FLOQR AREA SPACES ROOMS UNITS Retail/Service/ 12.9 or greater • Per LDC n/a n/a Restaurants Fast Food 5 or less Per LOC We n/a Restaurants Motel/Hotel 5 or less • Per LDC 130 n/a Gasoline Service 4 or less Per LDC n/a We Stations Office 3 or less • Per LDC n/a n/a Residential 10 n/a Per LDC n/a 120 TOTAL 39.9 270,000 Per LDC 130 120 • The maximum leasable floor area for all Retail and Services and Office uses permitted in Tract A is 270,000 sq. ft. Maximum permitted motellhotel density is 28 units per acre. For every 26 motel/hotel units approved, the maximum permitted 270,000 sq. ft. of retail and service plus office use shall be reduced by 10,000 sq. ft. D. DEVELOPMENT INTENSITY LIMITATION The development intensity of the various DRI categories permitted in this project shall not exceed 80% of the applicable DRI threshold. DRI categories permitted by this project include retail and service development; office development; hotel or motel development; residential development; or nwtti-use development. *2.5 RELATED PROJECT PLANAPPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, for all or part of the PUO, final plans of all required improvements shall receive approval of the appropriate Collier County govemmental agency to insure compliance with the PUD Master Plan, the County Land Development Code and the platting laws of the State of Florida. 6 0 U d N R ri m 0 0 L t 0 z co M LO N rn LO 0 0o rn m c c =a L 0 Q z w U a a r m E t 0 w r Q Packet Pg. 111 LI B. Attachment '1', the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the land Development Code. C. Appropriate instruments will be provided at the time of infrastructurai improvements regarding any dedications and method for providing perpetual maintenance of common facilities. All platted streets within the project shall be private and shall be the common property of the project landowners. 7 i Daa.nct Cy 1 rn LO 0 00 rn m c R c L 3.B.b is 3.A.1. PURPOSE 3.A.2 u SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT A The purpose of this Section is to set forth the development regulations applicable to Tract A of the Northbrooke Plaza project. (Refer to PUD Master Plan), No building or structure, or part thereof, shaN be erected, tittered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. AutomobAe service stations, pursuant to the provisions of Section 2.6.28 of the Land Development Code in effect at the tkne an application is made for a building permit. Vehicle cleaning, sarvice and repair facilttkm are permitted, except for repair f"ties kwolving engine removal, body repair, or painting 2. Notets/motels 3. Offices 4. Financial institutions 5. Medical offices, laboratories, clinics, health Improvement facilities, nursing homes, hospitals 6. Restaurants (conventional, fast turnover, andlor fast good); cocktail lounges; night clubs 7. Drtv*4n fadliitles for permitted uses B. Food saxes, drugstores, retail stores, personal service uses, supermarkets, movie theaters, and associated uses which an characteristically located in shopping corners 9. Commercial and ran-conwnerddal recreational uses and fsciilties 10. Civic, cultural, reNgkK s, and public service uses and facilities. 8 0 U d M N M a m 0 0 L Y 0 z ILO w LO N rn LO 0 00 rn m c c O Q z w U a E- H a c m E t U 0 r Q -1 Packet Pg. 113 3.13.16 1 1. Shopping centers 12. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible with and appropriate for inclusion in the mix of Tract A permitted principal uses. B. Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. 3. Signs as permitted by the Collier County Sign Ordinance in effect at the time of sign permit application. 3.A.3. DEVELOPMENT STANDARDS A. Minimum Yards: 1. Front: 15' 2. Side: none, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. 3. Rear: 25' 4. Lakefront: 0' 5. Any yard abutting an exterior boundary of the 39.9 acre tract: 25'. 6. Distance between structures on the same site: One half the sum of the building heights. B. Maximum Hotel/Motel Density: 26 units per acre. C. Minimum Hotel/Motei Unit Size: 300 square feet. 0 U d M N R (L d Y O O L t L O z M a) LO N rn LO 0 00 rn m c c L O Q z w U a a c m t U Q Packet Pg. 114 • D. Maximum Building Height: (i.e. stories above grade) 1. Motels/Hotels: Four (4) stories above grade in the event Tract B Is developed as an assisted living facility, otherwise three (3) stories. 2. Offices: Three (3) stories above grade. 3. Retail, Service, and Other: Two (2) stories above grade. E. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. F. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoining property. G. Off street parking required: As determined by the Collier County Land Development Code in effect at the time of Site Development Plan application. H. Signs: As permitted by the Collier County Land Development Code in effect at the time of sign permit application. I. Common Architectural Theme Required In addition to compliance with the commercial architectural standards of the • Land Development Code, Trail A develal�nt shall exhibit an overall architecbxal, landscape architectural, sou ge and Iightinq theme, to be established when the first SDP is approved for Tract A. The use of trademark architsc bxel symbols for national chain uses shall not be precluded, but suds uses " be required to demonstrate compliance with the approved Tract A visual character theme. 10 3.13.b 0 U (L M N R d m 0 0 L Y 0 z ILO a) LO N rn LO 0 00 rn m c c L O Q z w U a E- a c m U 0 Q Packet Pg. 115 3.B.b SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT B 0 U d 3.8.1. PURPOSE N M a. The purpose of this section is to set forth the development regulations applicable to Y Tract B of the Northbrooke Plaza project. (Refer to PUD Master Plan). o 0 L 3.13.2. USES PERMITTED U5 L 0 Z No building or structure, or part thereof, shall be erected, altered or used, or land co used, in whole or part for other than the following: LO N_ A. Principal Uses: rn LO 0 1. Single and/or multiple family residences 00 rn m 2. Housing facilities for the elderly and infirm, including medical and other support facilities and services incidental to the operation of the project on S behalf of project residents O 3. Farnily care facilities, group care facilities (Category 1), care units (not Q Including uses found in group care facilities, Category II), nursing homes w (subject to Section 2.6.26 of the Collier County Land Development Code) U 4. Civic, cultural, religious, and public service uses and facilities Q E- E- a 5. Social, recreational, and related uses whose primary purpose is to serve r the residents of Tract B L) w r Q S. Accessory Uses: . 1. Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. 3. Signs as permitted by the Collier County Land Development Code in effect at the time of sign permit application. 11 Packet Pg. 116 • 3.8.3. • I 3.B.b A. Minimum Yards: 1. Front: 25'. 2. Side: 10' or half the building height, whichever Is greater. 3. Rear: 25'. 4. Any yard abutting an exterior boundary of the 39.9 acre tract: 40'. 5. Distance between structures on the same site: one half the sum of the building heights. B. Maximum Building Height: (Stories above grade) Multiple Family Dwelling Units: Two (2) stories Assisted Living Facility Housing: Three (3) stories C. Maximum Residential units: 120 units, 12 units per gross tract acre. D. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoining property. E. Offstreet parking required: As determined by the CoUier County Land Development Code at the time of Site Development Plan application. F. Signs: As permitted by the Collier County Land Development Code in effect at the time of sign permit application. 12 0 U d N a m Y O O L L O z M N LO 0 CO a) m c c =a L 0 Q z w U a a r c m E t w r Q Packet Pg. 117 • I 3.B.b 1 SECTION IV DEVELOPMENT COMMITMENTS The purpose of this section is to set forth the development commitments for the Northbrooke Plaza PUD project. 4.2. GENERAL All facilities shall be constructed in strict accordance with Final Site Development flans, Final Subdivision Plats and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official Land Development Code in effect at the time of Site Development Plan/Subdivision Plat approval(s) shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee agrees to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. The PUD applicant will not be the end -user of the improved sites to be established in Northbrooke Plaza, and a definitive development schedule cannot be established at this time. Based on the expected rate of development in the general area of the Northbrooke Plaza project, It Is estimated that project development will be initiated in 1998, and that development of the individual sites within the project will be concluded by the year 2005. 1: ► -•; k cl 0 to)► Note: AN originally adopted Transportation Stipulations have either been accomplished or are no longer applicable. 4.5. WATER MANAGEMENT A. A copy of South Florida Water Management District Permit or Early Work Permit Is recored prior to construction plan approval. B. A fifteen foot 0 5') maintenance easement along the Cocohatches Canal adjacent to the west and south property lines shall be dedicated to the Big Cypress Basin for maintenance. Final exact locations (beginning and ending locations) shall be established on the final recorded plat. 13 rn LO 0 00 rn m c c L Packet Pg. 118 4.6. UTILITIES A. This project shall be designed for central water and sewer systems. A. Access into each tract as shown on the master development plan is informational only. Access road and site access location is subject to Subdivision Plat or SDP approval. B. This project shall be required to meet all County Ordinances In effect at the time final construction documents are submitted for development approval. C. Detailed paving, grading, site drainage and utility plans shall be submitted to the Community Development Services Division for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Community Development Services Division. D. Work within Collier County right-of-way shall meet the requirements of Collier County Right -of -Way Ordinance No. 82-91. A. The PUD shall be consistent with the EmrirorwrKwtal Sections of the CoMer County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. B. A protected species survey for gopher tortoises shall be conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission within six (6) months or less of Site Development Plan (SDP) or Pralirninary Subdivision Master Plan (PSMP) submittal. In the event that Gopher tortoises are present on site, a Gopher tortoise relocation/managen»nt plan shah be submitted to Current Planning Environment Staff for review and approval. A copy of the relocation/management plan shag be included on the final site development plan. C. Environmental permitting shah be In accordance with the State of Florida Environmental Resource Permit (ERP) rules and be subject to review and approval by Planning Services Environmental Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. 14 3.B.b Packet Pg. 119 3.B.b D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site shall be submitted to Planning Services Environmental Staff for review and approval prior to final site development plan/construction plan approval. E. Section 3.9.5.5 of the CCLDC requires a minimum of twenty-five (25) percent of the existing native vegetation on site be preserved or ra-vegetated (per 3.9.5.5.4.) In accordance with the following: 1. A minimum of 2.88 acres of native vegetation shall be preserved/re-vegetated a in the 20 foot wide buffers which will surround the project and separate Tract Y A from Tract B. o 0 2. A minimum of one half (.5) acre of the .7 acre oak hammock, near the west boundary of the PUD (FLUCCS 4399), shall be preserved. 3. A minimum of three (3) acres of native vegetation shall be preserved/ z re -vegetated In Tract B. 4. A minimum of 1.06 acres of native vegetation shall be preserved/re-vegetated o in Tract A. The distribution of the 1.06 acres shall be committed to at the first N development order submittal (i.e. SDP or PSP) for Tract A.LO c, 5. Collier County Planning Services Environmental Staff may administratively c approve requests to adjust the above commitments, as long as a minimum co 7.44 acres of required native vegetation is provided. °; c 4.9. ACCESSORY STRUCTURES L O Accessory structures must be constructed simultaneously with or following the a construction of the principal structure. 4.10. SIGNS All signs shall be in accordance with the Collier County Sign Ordinance in effect at the time of building penfnit application. AN landscaping for off-street parking areas shall be in accordance with the Collier County Zoning Ordinance In effect at the time of construction plans application. A landscaped buffer a minimum of 20 feet In width shag be provided adjacent to all perimeter boundaries of the 39.9 we tract as well as between residential and non- residential uses of the 39.9 acre tract. 15 Packet Pg. 120 0 •� ► : • : „ ► A minimum of 30% of the total acreage of this PUD shall be left in open space in accordance with the Collier County Land Development Code. At the time of submission of the Preliminary Subdivision Plat or SDPIsI, a minimum of 30% of the total acreage of any area previously approved, together with the area being requested for approval. This stipulation is designed to ensure that the 30% open space requirement has been complied with when development is complete. Rooms shaU be provided within common areas for the purpose of permitting residents within the PUD to vote during all elections. The number and location of needed rooms shall be determined by the Collier County Supervisor of Elections. Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance at the earliest or next to occur of either final SDP approval, or bulling permit Issuance apprcable to this project. IN 3.B.b U d M N 2 (L m Y O 0 t L O z M a) L0 N LO 0 00 a) m c c =a O a F- z w U a a r E w r a Packet Pg. 121 111 (anOd ezeld aMoolgy}aoN : 9£6SZ) 690-96 aaueuipa0 - `d 1N3WHa`dll`d :;uGwLlOeUv N _...-- ----— N a Rvid U319" MWd �}•w+w �►+ w s,out vauoru elms 1 vz" RMODUMUMN w V — a .i AOUVN 'B MMU M (vmeP jol '3'4'Y uop*9S cnd "S) sBbY WL I 1 '8 ""d 927 :swung -w oz po*t•a 1N3vatma38 NOLLYT-LSNVNOl1YAH3S3Nd NOLLY1303A 3ALLYN •oo qq II � Q �S * Q J o C� o o 4d 6 o �h o � Y Q ALXMMJ AJAV Iwt -------------------O9oD4A----------- STATE OF FLORIDA) COUNTY OF COLLIER) 3.B.b I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-59 Which was adopted by the Board of County Commissioners on the 23rd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of June, 1998 DWIGHT E. BROCK ,.•,•.:•.•..,... Clerk of Courts and G1'erk �.., Ex -of ficio to Board--of County Commission B Maureen KenyQif, Deputy Clerk' Packet Pg. 123 Future Land Use as of Ordinance No, 2023-08, adopted on January 24,2023 3.B.c golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. (XIII) 3. Density Blending Conditions and Limitations for Properties Straddling Receiving and Neutral Lands within the Rural Fringe Mixed Use District: (a) The project shall straddle Receiving Lands and Neutral Lands in the Rural Fringe Mixed Use District. (b) The project in aggregate shall be a minimum of 80 acres in size. (c) At least 25% of the project shall be located in Receiving Lands. The project shall extend central water and sewer to serve the entire project, unless alternative interim sewer and water provisions are authorized by the County. (d) The project shall be encouraged to be in the form of a PUD. (e) It shall be demonstrated that development on the site is to be located so as to Preserve and protect the highest quality native vegetation and/or habitat on -site and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas. (f) The project shall comply with the native vegetation requirements applicable to Neutral Lands, as set forth in the CCME. (g) Permitted uses for density blending under this provision shall include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral Area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. (XV) C. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. (XV)(xuV) 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers. There are now 19 Activity Centers, listed below, which comprise approximately 3,000 acres; this includes three Interchange Activity Centers (#4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers, #19 and 21, have been deleted as they are now within the incorporated City of Marco Island. # 1 Immokalee Road and Airport -Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 4 1-75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake -Hammock Road and Collier Boulevard # 8 Airport -Pulling Road and Golden Gate Parkway (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 61 Packet Pg. 124 Future Land Use as of Ordinance No, 2023-08, adopted on January 24,2023 3.B.c # 9 1-75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) #10 1-75 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport -Pulling Road #12 US 41 and Pine Ridge Road #13 Airport -Pulling Road and Pine Ridge Road #14 Goodlette-Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport -Pulling Road #17 US 41 and Rattlesnake -Hammock Road #18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road (1l)(IV)(V)(Vl)(xq(xIV)(xV)(LIV) The Mixed -Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed at a human -scale, to be pedestrian -oriented, and to be interconnected with abutting projects —whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. Mixed Use Activity Center #15, in Golden Gate City, shall also allow the additional uses identified in the Golden Gate Area Master Plan. The actual mix of the various land uses shall be determined during the rezoning process based on consideration of the factors listed below. Except as restricted below under the provision for Master Planned Activity Centers, all Mixed Use Activity Centers may be developed with any of the land uses allowed within this Subdistrict. (xxxll)(LII) For residential -only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to sixteen (16) residential units per gross acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four (4) dwelling units per acre, except as allowed by the Density Rating System and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential -only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. (xl l)(xV)(xxxl l)(xLIV) Mixed -use developments —whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building —are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed (LIV) = Plan Amendment by Ordinance No. 2019-27 on September 24, 2019 62 Packet Pg. 125 Future Land Use as of Ordinance No, 2023-08, adopted on January 24,2023 3.B.c Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen (16) dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four (4) dwelling units per acre, except as allowed by the Bays ho re/G ateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: (1) the mixed use component of the project within the Activity Center shall include a minimum of thirty percent (30%) of the Activity Center -accumulated density; (2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile of the Activity Center boundary; and, (3) the portion of the project within the Activity Center shall be developed at a human scale, be pedestrian -oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. (XV) The factors to consider during review of a rezone petition for a project, or portion thereof, within an Activity Center, are as follows: a. Rezones are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two (2) road miles of the Mixed Use Activity Center. c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. d. Existing patterns of land use within the Mixed Use Activity Center and within two (2) radial miles. e. Adequacy of infrastructure capacity, particularly roads. f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. g. Natural or man-made constraints. h. Rezoning criteria identified in the Land Development Code. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. (XLIV) = Plan Amendment by Ordinance No. 2019-27 on September 24, 2019 63 Packet Pg. 126 Future Land Use as of Ordinance No, 2023-08, adopted on January 24,2023 3.B.c k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. Conformance with the architectural design standards as identified in the Land Development Code. (XV) The boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. These map boundaries are the actual, fixed boundaries and cannot be adjusted without a comprehensive plan amendment, except as provided below for Master Planned Activity Centers. (XV)(XXX) Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as a Master Planned Activity Center, via the rezoning process. A Master Planned Activity Center is one which has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area -wide Development of Regional Impact. If choosing to designate a Mixed Use Activity Center, or portion thereof, as a Master Planned Activity Center, the property owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Activity Center process as provided below: # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake -Hammock Road and Collier Boulevard # 14 Goodlette-Frank Road and Golden Gate Parkway (XXX) In recognition of the benefit to the public road network resulting from the coordination of planned land uses and coordinated access points, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus location of uses permitted within a designated Mixed Use Activity Center. The boundaries of Master Planned Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below. However, the acreage within the reconfigured Activity Center shall not exceed that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Activity Center: (XV)(XXX) 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51 % of the privately owned land within any Activity Center quadrant. (XV)(XXVII l)(XXXVl)(LXV)(LXXVl) 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another, to the extent of the unified control. The maximum amount of commercial uses allowed at Activity Center# 3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 68.3 acres and (LXXVI) = Plan Amendment by Ordinance No. 2022-27 on June 28, 2022 M Packet Pg. 127 Future Land Use as of Ordinance No, 2023-08, adopted on January 24,2023 3.B.c the southeast quadrant may have a total of 49.2 acres, for a total of 197.5 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. Multi -family (apartment) uses shall also be permitted in the northeast quadrant within the Hammock Park MPUD and the Amerisite CB MPUD. The multi -family uses shall be limited to a total of up to 265 multi -family (apartment) dwelling units for the Hammock Park MPUD; and a maximum of 303 multi- family (apartment or owner -occupied) dwelling units shall be allowed in the Amerisite CB MPUD, of which a total of thirty-four (34) units will be rented or sold to households earning up to and including 80 percent of the Area Median Income (AMI), and a total of thirty-four (34) units will be rented or sold to households earning up to and including 100 percent of the AMI. Any time that a rental unit becomes vacant, assuming less than sixty-eight (68) units are occupied by households that qualify for the designated income thresholds, the next available unit will be offered to a qualifying household subject to the specified income thresholds. AMI rent limit adjustments will be made on an annual basis according to the most recent Collier County approved Table of Rental Rates. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. The affordable restriction for rental and owner- occupied units shall remain in place for no less than thirty (30) years from the date of issuance of the first residential Certificate of Occupancy. Additionally, for the first eighteen (18) units above the base density of twenty-eight units within the Amerisite CB MPUD, Transfer of Development Rights Credits shall be redeemed from qualified Sending Lands.With respect to the Amerisite CB MPUD: commercial development (shopping center) shall be limited to 70,000 square feet, self -storage (mini warehouse) shall be limited to 85,000 square feet; and truck rental and leasing and gasoline service station uses shall not be allowed. The addition of the 9.3 acres to the northeast quadrant of the Activity center shall not be the basis for adjacent parcels to be rezoned to commercial pursuant the Office and Infill Commercial Subdistrict. With respect to the ±19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park MPUD, commercial development (exclusive of the allowed 1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self -storage facilities —this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys —these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores —all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers. (XXX) The maximum amount of commercial uses allowed at Activity Center #14 (Goodlette- Frank Road and Golden Gate Parkway) is 45 acres; the balance of the land uses shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. (XV) 3. The location and configuration of all land uses within a Master Planned Activity Center (LXXVI) = Plan Amendment by Ordinance No. 2022-27 on June 28, 2022 65 Packet Pg. 128 Future Land Use as of Ordinance No, 2023-08, adopted on January 24,2023 3.B.c shall be compatible with and related to existing site features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network. (XV) 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and vehicular interconnections) into the applicant's Master Plan. (XLIV) New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: • the intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications contained in the Transportation Element. • the Mixed Use Activity Center is no closer than two (2) miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. • market justification is provided demonstrating the need for a Mixed Use Activity Center at the proposed location. 2. Interchange Activity Center Subdistrict: (XV) Interchange Activity Centers have been designated on the Future Land Use Map at three of the County's four Interstate 75 interchanges and include numbers 4, 9 and 10; there is no Activity Center at the new 1-75/Golden Gate Parkway interchange. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers #4 (1-75 at Immokalee Road) and #10 (1-75 at Pine Ridge Road) allow for the same mixture of land uses as allowed in the Mixed Use Activity Centers; additionally, industrial uses, as identified below, are allowed in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center #9 (1-75 at Collier Boulevard) is subject to an Interchange Master Plan (IMP), which was adopted by Resolution by the Board of County Commissioners, and to the implementing provisions adopted into the Land Development Code. (LXI) All new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. However, the 3.7-acre property formerly utilized by the Florida Highway Patrol Headquarters located east of the Tollgate PUD/DRI may be split into 2 parcels and one of the parcels being 3.4 acres will be permitted to utilize conventional zoning. [This portion of Activity Center #9 is depicted on a FLUM Series Inset Map.] The mixture of uses allowed in Interchange Activity Center #9 shall include all land uses allowed in the Mixed Use Activity Centers; additionally, industrial uses shall be allowed in the northeast and southeast quadrants of 1-75 and Collier Boulevard, and in the southwest quadrant of Collier and Davis Boulevards. The above allowed uses notwithstanding, commercial zoning shall not exceed 55% of the total acreage (635.9 ac.) of Interchange Activity Center #9. The actual mix of uses shall be (LXI) = Plan Amendment by Ordinance No. 2020-25 on September 22, 2020 Packet Pg. 129 Future Land Use as of Ordinance No, 2023-08, adopted on January 24,2023 3.B.c determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict, and based on the adopted IMP. For residential -only development, if a project is located within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict, up to 16 residential units per gross acre may be allowed. If such a project is located within the boundaries of an Interchange Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential -only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. (XV) Mixed -use developments —whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building —are allowed and encouraged within Interchange Activity Centers. Such mixed -use projects are intended to be developed at a human - scale, pedestrian -oriented, and interconnected with adjacent projects —whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, the density accumulated from the Activity Center portion of the project shall not be distributed outside of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses —those that serve regional markets and derive specific benefit when located in the Interchange Activity Centers —shall be allowed in the Activity Center quadrants previously identified. These uses shall be limited to: manufacturing, warehousing, storage, and distribution. During the rezone process, each such use shall be reviewed to determine if it will be compatible with existing and approved land uses. The following conditions shall be required to ensure compatibility of Industrial land uses with other land uses allowed in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site -specific development details will be reviewed during the Site Development Plan review process. a. Landscaping, buffering and/or berming shall be installed along the Interstate; b. Fencing shall be wooden or masonry; c. Wholesale and storage uses shall not be permitted immediately adjacent to the right-of- way of the Interstate; d. Central water and sewage systems shall be required; (XV) e. Ingress and egress shall be consistent with State Access Management Plans, as applicable; f. No direct access to the Interstate right-of-way shall be permitted; (LXI) = Plan Amendment by Ordinance No. 2020-25 on September 22, 2020 67 Packet Pg. 130 Future Land Use as of Ordinance No, 2023-08, adopted on January 24,2023 3.B.c g. Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plan provisions, or State Access Management Plans, as applicable; h. Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; i. The developer shall be responsible to provide all necessary traffic improvements to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary —as determined through the rezoning process; and, j. A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. (vVIOV) 3. Livingston/Pine Ridge Commercial Infill Subdistrict: This Subdistrict consists of two parcels; one parcel consists of 17.5 acres and is located at the southeast quadrant of Livingston Road, a collector roadway, and Pine Ridge Road, a minor arterial roadway. The second parcel consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridge Road. In addition to uses allowed in the Plan, the intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well -planned access points to improve current and future traffic flows in the area. (VI)(XV) a. Southeast Quadrant If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to abutting properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native vegetation will be preserved along all project boundaries abutting areas zoned agricultural. (VI)(XV) b. Northwest Quadrant The feasibility of interconnections to the abutting properties to the North and West will be considered and, if deemed feasible, will be required during the rezoning of the subject property. (XI -II) This quadrant shall be limited to general and medical office uses, provided that the total building square footage does not exceed 40,000 square feet and/or on the southern 10 acres labeled on the map as Auto Dealership Overlay, New car sales not to exceed 60,000 square feet building area are allowed. Building height shall be limited to three stories with a 50 foot maximum height. (XI -II) = Plan Amendment by Ordinance No. 2015-42 on July 7, 2015 Packet Pg. 131 3.B.d HEARING PACKAGE CHECKLIST Return this form with printed materials 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 a?') 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 i `T, 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. 01 Application, to include but not limited to the following: 02 Narrative of request 03 Property Information 04 Property Ownership Disclosure Form N/A Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. N/A Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) N/A Affidavit of Unified Control 05 Affidavit of Representation N/A Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) N/A NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio N/A Traffic Impact Study (TIS) N/A Environmental Data N/A Historical/Archeological Surveyor Waiver N/A Utility Letter N/A Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Packet Pg. 132 3.B.d N/A Boundary Survey N/A 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. N/ASubmerged 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. They 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. Signature of Agent Representative Frances ca'Passidomo Printed Name Signing Agent Representative Date Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\lob Aides or Help Guides Packet Pg. 133 I 3.B.d I 0 U d m N R d d Y Schedule 1 = M a) LO N d 0) fC V R IL a L) m s r a Packet Pg. 134 1 PETITION NO: PROJECT NAME: DATE PROCESSED: Colker County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Comparable Use Determination Land Development Code section 10.02.06 K Chapter 3 L of the Administrative Code I-VILJ PUD Zoning District ❑ Standard Zoning District APPLICANT CONTACT INFORMATION Name of Property Owner(s): Northbrooke Professional Village, LLC Name of Applicant if different than owner: Address: 2659 Professional Circle, Suite 101 Telephone: 239-449.5227 E-Mail Address: Name of Agent: Francesca Passidomo, Esq. Firm: Coleman Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300 Telephone: 239-435-3535 E-Mail Address: fpassidomo@cyklawfirm.com City: Naples Cell: City: Naples Cell: PROPERTY INFORMATION 3.B.d State:FL ZIP:34119 State: FL ZIP:34103 Site Address: 2659 Professional Circle, Naples Folio Number: 63955000147 & 63955000163 Property Owners Name: Northbrooke Professional Village, LLC 09/2022 Page 1 of 3 Packet Pg. 135 3.B.d Cotr County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of ** is comparable and compatible with the permitted uses in the ** **See enclosed narrative statement. PUD or in the ** ASSOCIATIONS Straight Zoning District." Required: List all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: HUNTINGTON LAKES RESIDENTS' ASSOCIATION, INC. Mailing Address: 6398 Huntington Lakes Cir City: Naples State: FL ZIP: 34119 Name of Homeowner / Civic Association: CYPRESS WOODS GOLF & COUNTRY CLUB MASTER POA, INC. Mailing Address: 3525 Northbrooke Drive Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: Naples State: FL Zip: 34119 City: State: ZIP: City: State: ZIP: City: State: ZIP: (D Y ca (L a z Y �a m L) E- z w x C) Q a w c a� E t c� a 09/2022 Page 2 of 3 Packet Pg. 136 3.B.d Co1f.Yer county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application ✓ Affidavit of Authorization ✓ Completed Addressing Checklist ✓ Property Ownership Disclosure Form ✓ Determination request and the justification for the use ✓ PUD Ordinance and Development Commitment information FEE REQUIREMENTS Pre -Application Meeting fee $S00.00 �✓ Comparable Use Determination Application fee: $1,000.00 ✓❑ Estimated Legal Advertising fee: $1,125.00 ❑If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after hearing date. (Variable) All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. 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. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov rf-lw- � J-;�' Applicant S gnat John Ferry Printed Name ,-/o L-Z#11-5 Dat T 09/2022 Page 3 of 3 Packet Pg. 137 I 3.B.d I 0 U d m N R d d Y Schedule 2 = M a) LO N d 0) fC V R IL a L) m s r a Packet Pg. 138 1 3.B.d COMPARABLE USE DETERMINATION NORTHBROOKE PLAZA PUD This is a request for a determination by the Zoning Manager and confirmation from the Hearing Examiner that the intended use, described below, is comparable and compatable with the several uses permitted as a matter of right in the Northbrooke Plaza Planned Unit Development (PUD) approved under Ordinance No. 98-59. The following criteria is to be applied when considering a Comparable Use Determination relative to one or more permitted uses within the PUD: 1. Whether the proposed use is comparable in nature with other permitted uses in the PUD; and 2. If comparable, whether the proposed use is, or may be with certain conditions, compatible with adjacent and nearby uses. The PUD Ordinance expressly authorizes additional uses that are comparable in nature to the listed permitted uses through the Comparable Use Determination. The intended use is an alternative learning and enrichment education facility that offers programs in the core "STEM" areas. The programs includes classes, after school programs, and holiday and summer camps with the potential for indoor and outdoor recreational activities. More specifically, in response to the criteria set forth under Sec. 10.02.06 K.2, the proposed use will involve the following operational characteristics according to the school operator: • Operating hours: School Year - 2pm to 6pm, Mon — Fri; Summer - 8am - 5pm, Mon — Fri • Traffic Volume Impact: Minimal. Students drop off and pickup is staggered throughout drop-off/pickup hours (roughly an hour from 8-9am, 5-6pm). Only 3-4 cars will ever congregate at a time due to the staggered dropoff/pickup windows, with a total of 20-25 vehicles moving through per day. • Associated Vehicles, busses, or vans: 2-3 staff cars and 2 vans will be parked during business hours. Customer/Parent drop off and pick up times will add 3-4 cars to this. • Business Activities: After School Enrichment classes, Summer Camps, and Single Day Camps • Number of students: Between 5 and 36 students at a time. • Age Groups: Primarily elementary age students 5 - 11 years old. No Pre-K students, no High School students. The use would be housed in the building located at 2659 Professional Circle, Suite 1107-1108, which is within Tract "A" of the PUD according to the PUD Master Plan. The PUD permits a variety of commercial and non-commercial uses, including: A. Commercial and non-commercial recreational uses and facilities; B. Civil, cultural, religious and public service uses and facilities; C. Medical offices, clinics, laboratories and hospitals. Uses that operate in the PUD range from intensive to less intensive, but, importantly, specifically include classroom and educational facilities for day and nighttime classes (see Official Interpretation issued on June 30, 2009 for the Northbrooke Plaza PUD, enclosed as Schedule 1, which acknowledges that educational and support facilities are "comparable and compatible with the uses allowed by right in Tract "A"; see also Packet Pg. 139 3.B.d approved SDPA for Destiny Learning Center under Project Number: PL20130000180). From a traffic and overall intensity standpoint, the proposed use is similar or less intense when compared to uses permitted as a matter of right. Based on the analysis provided, the intended use should be determined to be comparable and compatible with existing uses allowed within the Northbrook Plaza PUD: the use is compatible with existing uses as evidenced by previously issued approvals for educational facilities and programs in the PUD; and has a lower impact on public facilities and trip generation relative to the more intense uses permitted in the PUD. Packet Pg. 140 3.B.d SCHEDULEI 0 U d m N R d d Y O O L i.+ L O Z U r Q Packet Pg. 141 3.B.d CO ler County Community Development & Environmental Services Division Zoning & Land Development Review June 30, 2009 Mr. Tim Hancock, AICP, Director of PIanning Davidson Engineering 3530 Kraft Road, Suite 301 Naples, FL 34105 Reference: INTP-PL2009-083, Request for official interpretation of Northbrooke Plaza PUD, Ordinance No. 98-59. Dear Mr. Hancock: Pursuant to Land Development Code (LDC) Section 10.02.02.F, you have asked the Zoning and Land Development Review Director to render an official interpretation for the use of an existing building within the Northbrooke Plaza PUD (Ordinance No. 98-59) for educational purposes by Hodges University. Specifically you ask whether classrooms, offices and necessary support facilities for colleges and universities are permitted within a building located at 2647 Professional Way, which is located in Tract A of the PUD. Section 2.03.00 of the Collier County Land Development Code (LDC) provides rules for interpretation of uses. In any zoning district, where the list of permitted and conditional uses contains the phrase or similar phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" then the determination of whether or not that use is permitted in the district shall be made through the process outlined in Section 1.06.00, Interpretations, of the LDC. In this case, the Tract A development standards of the PUD, which is the subject of your request, contain the notation "any other use comparable in nature ...." which requires me to consider your request under the above referenced section of the Land Development Code. After researching the history of the Northbrooke Plaza PUD and analyzing the provisions of the Northbrooke Plaza PUD it is my opinion that the use of the building located at 2647 Professional Way for office and classroom uses associated with the main college campus which comprises the existing Hodges University, on Tract B, is comparable and compatible with the uses allowed by right in Tract A. The original Northbrook Plaza PUD Ordinance was established in 1991 (Ordinance No. 91-67) and was later amended in 1998 (Ordinance No. 98-59). Tract A, in which building 2647 is located, allows a variety of commercial uses including those usually found at interstate exchanges such as automobile related uses, restaurants and hotels. Tract A also allows medical offices, clinics, laboratories and hospitals and also contains a provision for civic, cultural, religious and public service uses and facilities. As noted above, the list of permitted uses for Tract A also provides the ability for the Zoning Director to determine if land uses, not specifically listed, would be permissible 2800 North Horsehoe Drive • Naples, Florida 34104.239-252-2400 • Fax 239-643-6968 • wwrw.colliergov.net Packet Pg. 142 3.B.d Mr. Tim Hancock, AICP, Director of Planning June 30, 2009 Page 2 of 3 provided the Director determined the uses to be comparable in nature with the allowable uses and compatible and appropriate. The uses that currently exist in Tract A are largely comprised of high intensity commercial land uses typically found at an interstate interchange. Also present in Tract A are commercial uses of a more moderate intensity including medical and professional offices. The proposal is to use this building for classrooms and offices associated with the university. The university does not house students on campus and conducts both daytime and nighttime classes. The subject property is located at the eastern edge of the PUD, north of the intersection of Immokalee Road and Northbrooke Drive. The university has a significant amount of nighttime activity which is different then typical daytime activity of all but the most intense commercial uses which are located abutting Immokalee Road (convenience store and restaurant). Regardless of those facts, the activity associated with the university occurs mainly indoors at controlled times and traffic associated with the arrival and departure of students usually occurs during blocks of specific times rather than as a high level of constant traffic flow and activity on the proposed site. As to the relationship of the proposed uses to the list of permitted uses, it is my opinion that the present use is commercial in nature and currently functions similar to a commercial/office use of moderate intensity, therefore in my opinion it is comparable and compatible to the uses currently allowed in Tract A, which includes the subject building. In researching the history of this PUD and the development of Hodges University (formerly International College), records shows that International College received Site Development Plan approval in September, 1999 for its present location on Tract B. When the PUD was amended in 1998, the former Tract C was eliminated and the master plan was revised. The provisions for the then Tract B were removed and the provisions for Tract C became the provisions for Tract B. Also, this transfer largely allowed for residential land uses although most of Tract B today has been developed with the university uses. There is little evidence as to the specific basis for a determination that must have been made to allow the original university in Tract B, especially since the site development plan for the university was approved approximately one year after the amendment to the PUD zoning district was approved (assumedly one would amend the PUD to specify the College or Education use in anticipation of its impending development). Nevertheless, at this point I can only speculate that it appears that a previous determination may have been made to allow the university development in Tract B under the uses "Civic, cultural, religious, and public service uses and facilities," which are permitted by right under Ordinance No. 98-59. The remaining list of permitted uses in Tract B only allow for residential type of development, consequently this provision is the only provision which allows land uses other than residential land uses. In examining the development patterns within the PUD, I note that the entire Northbrook Plaza PUD property is surrounded on two sides by major roadways (Interstate 75 to the west and Immokalee Road to the south) and on two sides by multi -family residential development (to the north and east). The subject office building is located on the western edge of Northbrooke Drive (fronts on Northbrooke Drive) across the street from existing multi -family development. The development pattern that has taken place thus far has the most intense commercial developments fronting Immokalee Road and I-75 in a step down pattern eastward from I-75 towards Northbrooke Drive, with the least intense development fronting Northbrooke Drive. The present site of the university abuts I-75 to the west and an existing multi family development to the north with significant native vegetation and PUD preserve areas east and northeast with a wall separating the multi -development to the north from the campus. As noted above, the university functions largely as an educational Q Packet Pg. 143 3.B.d Mr. Tim Hancock, AICP, Director of Planning June 30, 2009 Page 3 of 3 facility that attracts working students, consequently classes are held at nighttime as well as during the day. Although the use of the subject site for university uses would mean the building would now also be operating in the evening, given the existing landscape buffering between the property to the east and the subject site, which includes a concrete wall buffering the residential properties to the east, I am of the opinion that the buffering between the two properties is sufficient to mitigate the impacts of the nighttime use on the residential properties to the east of the subject site. In summary, it is my opinion that the use of the building located at 2647 Professional Way for office and classroom use associated with the main university campus which comprises the existing Hodges University, on Tract B, is comparable and compatible with the uses allowed by right in the Tract A. Furthermore, given the existing landscape buffering between the property to the east and the subject site, which includes a concrete wall buffering the residential properties to the east, I am of the opinion that the buffering between the two properties is sufficient to mitigate the impacts of the proposed university use on the residential properties to the east of the subject site. Should the university plan to expand to other areas within the PUD, it will be necessary for the PUD to be amended to reflect the university use and the appropriate master plan of development to ensure further compatibility between the university uses and development in an around the Northbrooke Plaza PUD. Pursuant to Division 10.02.02.F. of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site -specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, yam�, i , - Susan M. Istenes, AICP, Director Department of Zoning & Land Development Review Cc: Collier County Board of County Commissioners Collier County Planning Commission James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv. Div. Jeff Klatzkow, County Attorney Ray V. Bellows, Zoning Manager, Department of Zoning & Land Dev. Rev. Packet Pg. 144 I 3.B.d I 0 U d m N R d d Y Schedule 3 = M a) LO N d 0) fC V R IL a L) m s r a Packet Pg. 145 1 3.B.d colfler county Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 63955000147 & 63955000163 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] Northbrooke West a Commercial Condominium STREET ADDRESS(ES) where applicable, if already assigned. 2659 Professional Circle PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME Northbrooke Plaza PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 10/2022) Page 1 of 1 U d 0 N R lid m 0 0 0 z m M u7 54 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 146 3.B.d Parcel No 63955000147 Site Address 2659 PROFESSIONALCIR 5,:s ;:,.; MAPLES -... 34119 disclaimer Open G!S in a New Window with More Features. Units 1107 (#63955000147) & 1108 (#63955000163) Packet Pg. 147 I 3.B.d I 0 U d m N R d d Y Schedule 4 = M a) LO N d 0) fC V R IL a L) m s r a Packet Pg. 148 1 3.B.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co ier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership Lei 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 Northbrooke Professional Village, LLC 2639 Professional Circle, Suite 101, Naples, Florida 34119 Brian Stock' 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: I Created 9/28/2017 Name and Address % of ip Page 1 of 3 Packet Pg. 149 CAr Counq 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: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a_corporation, partnership, or trust: Name and Address 1 g. Date subject property acquired Dec. 19, 2003 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 3.B.d Packet Pg. 150 3.B.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 5o er C 01414ty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 �� /-j_V2> Agent/Owner Si nature U 6ate Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 151 I 3.B.d I 0 U d m N R d d Y Schedule 5 = M a) LO N d 0) fC V R IL a L) m s r a Packet Pg. 152 1 3.B.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20230002616 1 John Ferry (print name), as vice President (title, if applicable) of Wrthbrooke Professional Village, uc (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0 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. Weh authorize Richard D. Yovanovich Esq. & Francesca Passidom, 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 core. Ares. 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 statWdl.,.i'tare true. -X'' r b 7-6z-3 ignat Date STATE OF FLORIDA COUNTY OF COLLIER i The foregoing i rument was acknowleged before me by means of 1pphysical presence or ay of 2,91 kM 1, , 20 23 , by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: AAre personally known to me M Has produced a current drivers license Has produced as identification. Notary Signature: CP\OH-COA-00115\155 REV 3/4/2020 0online notarization this r�4.anY pu'•: JUDITH M SEALE Notary Public • State of Florida Commission # HH 046417' My Comm. Expires Sep 28, 2024 Bonded through National Notary Assn. Packet Pg. 153 3.B.e CO ler County Community Development & Environmental Services Division Zoning & Land Development Review June 30, 2009 Mr. Tim Hancock, AICP, Director of PIanning Davidson Engineering 3530 Kraft Road, Suite 301 Naples, FL 34105 Reference: INTP-PL2009-083, Request for official interpretation of Northbrooke Plaza PUD, Ordinance No. 98-59. Dear Mr. Hancock: Pursuant to Land Development Code (LDC) Section 10.02.02.F, you have asked the Zoning and Land Development Review Director to render an official interpretation for the use of an existing building within the Northbrooke Plaza PUD (Ordinance No. 98-59) for educational purposes by Hodges University. Specifically you ask whether classrooms, offices and necessary support facilities for colleges and universities are permitted within a building located at 2647 Professional Way, which is located in Tract A of the PUD. Section 2.03.00 of the Collier County Land Development Code (LDC) provides rules for interpretation of uses. In any zoning district, where the list of permitted and conditional uses contains the phrase or similar phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" then the determination of whether or not that use is permitted in the district shall be made through the process outlined in Section 1.06.00, Interpretations, of the LDC. In this case, the Tract A development standards of the PUD, which is the subject of your request, contain the notation "any other use comparable in nature ...." which requires me to consider your request under the above referenced section of the Land Development Code. After researching the history of the Northbrooke Plaza PUD and analyzing the provisions of the Northbrooke Plaza PUD it is my opinion that the use of the building located at 2647 Professional Way for office and classroom uses associated with the main college campus which comprises the existing Hodges University, on Tract B, is comparable and compatible with the uses allowed by right in Tract A. The original Northbrook Plaza PUD Ordinance was established in 1991 (Ordinance No. 91-67) and was later amended in 1998 (Ordinance No. 98-59). Tract A, in which building 2647 is located, allows a variety of commercial uses including those usually found at interstate exchanges such as automobile related uses, restaurants and hotels. Tract A also allows medical offices, clinics, laboratories and hospitals and also contains a provision for civic, cultural, religious and public service uses and facilities. As noted above, the list of permitted uses for Tract A also provides the ability for the Zoning Director to determine if land uses, not specifically listed, would be permissible 2800 North Horsehoe Drive • Naples, Florida 34104.239-252-2400 • Fax 239-643-6968 • wwrw.colliergov.net Packet Pg. 154 3.B.e Mr. Tim Hancock, AICP, Director of Planning June 30, 2009 Page 2 of 3 provided the Director determined the uses to be comparable in nature with the allowable uses and compatible and appropriate. The uses that currently exist in Tract A are largely comprised of high intensity commercial land uses typically found at an interstate interchange. Also present in Tract A are commercial uses of a more moderate intensity including medical and professional offices. The proposal is to use this building for classrooms and offices associated with the university. The university does not house students on campus and conducts both daytime and nighttime classes. The subject property is located at the eastern edge of the PUD, north of the intersection of Immokalee Road and Northbrooke Drive. The university has a significant amount of nighttime activity which is different then typical daytime activity of all but the most intense commercial uses which are located abutting Immokalee Road (convenience store and restaurant). Regardless of those facts, the activity associated with the university occurs mainly indoors at controlled times and traffic associated with the arrival and departure of students usually occurs during blocks of specific times rather than as a high level of constant traffic flow and activity on the proposed site. As to the relationship of the proposed uses to the list of permitted uses, it is my opinion that the present use is commercial in nature and currently functions similar to a commercial/office use of moderate intensity, therefore in my opinion it is comparable and compatible to the uses currently allowed in Tract A, which includes the subject building. In researching the history of this PUD and the development of Hodges University (formerly International College), records shows that International College received Site Development Plan approval in September, 1999 for its present location on Tract B. When the PUD was amended in 1998, the former Tract C was eliminated and the master plan was revised. The provisions for the then Tract B were removed and the provisions for Tract C became the provisions for Tract B. Also, this transfer largely allowed for residential land uses although most of Tract B today has been developed with the university uses. There is little evidence as to the specific basis for a determination that must have been made to allow the original university in Tract B, especially since the site development plan for the university was approved approximately one year after the amendment to the PUD zoning district was approved (assumedly one would amend the PUD to specify the College or Education use in anticipation of its impending development). Nevertheless, at this point I can only speculate that it appears that a previous determination may have been made to allow the university development in Tract B under the uses "Civic, cultural, religious, and public service uses and facilities," which are permitted by right under Ordinance No. 98-59. The remaining list of permitted uses in Tract B only allow for residential type of development, consequently this provision is the only provision which allows land uses other than residential land uses. In examining the development patterns within the PUD, I note that the entire Northbrook Plaza PUD property is surrounded on two sides by major roadways (Interstate 75 to the west and Immokalee Road to the south) and on two sides by multi -family residential development (to the north and east). The subject office building is located on the western edge of Northbrooke Drive (fronts on Northbrooke Drive) across the street from existing multi -family development. The development pattern that has taken place thus far has the most intense commercial developments fronting Immokalee Road and I-75 in a step down pattern eastward from I-75 towards Northbrooke Drive, with the least intense development fronting Northbrooke Drive. The present site of the university abuts I-75 to the west and an existing multi family development to the north with significant native vegetation and PUD preserve areas east and northeast with a wall separating the multi -development to the north from the campus. As noted above, the university functions largely as an educational Packet Pg. 155 3.B.e Mr. Tim Hancock, AICP, Director of Planning June 30, 2009 Page 3 of 3 facility that attracts working students, consequently classes are held at nighttime as well as during the day. Although the use of the subject site for university uses would mean the building would now also be operating in the evening, given the existing landscape buffering between the property to the east and the subject site, which includes a concrete wall buffering the residential properties to the east, I am of the opinion that the buffering between the two properties is sufficient to mitigate the impacts of the nighttime use on the residential properties to the east of the subject site. In summary, it is my opinion that the use of the building located at 2647 Professional Way for office and classroom use associated with the main university campus which comprises the existing Hodges University, on Tract B, is comparable and compatible with the uses allowed by right in the Tract A. Furthermore, given the existing landscape buffering between the property to the east and the subject site, which includes a concrete wall buffering the residential properties to the east, I am of the opinion that the buffering between the two properties is sufficient to mitigate the impacts of the proposed university use on the residential properties to the east of the subject site. Should the university plan to expand to other areas within the PUD, it will be necessary for the PUD to be amended to reflect the university use and the appropriate master plan of development to ensure further compatibility between the university uses and development in an around the Northbrooke Plaza PUD. Pursuant to Division 10.02.02.F. of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site -specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, yam�, i , - Susan M. Istenes, AICP, Director Department of Zoning & Land Development Review Cc: Collier County Board of County Commissioners Collier County Planning Commission James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv. Div. Jeff Klatzkow, County Attorney Ray V. Bellows, Zoning Manager, Department of Zoning & Land Dev. Rev. Packet Pg. 156 3.0 07/27/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.0 Doc ID: 26072 Item Summary: Petition No. BDE-PL20200001107 - 275 3rd Street West - Request for a 40.3-foot boat dock extension that extends 20.3 feet from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat docking facility with two boatlifts and a boathouse with a 1.3-foot roof overhang that protrudes 41.6 feet into a waterway that is 872+/- feet wide. The subject property is located at 275 3rd Street West, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 Meeting Date: 07/27/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 07/12/2023 5:10 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 07/12/2023 5:10 PM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Operations & Regulatory Management Michael Stark Zoning Zoning Zoning Hearing Examiner James Sabo Ray Bellows Mike Bosi Review Item Review Item Review Item Review Item Division Director Andrew Dickman Meeting Pending Completed 07/14/2023 2:29 PM Completed 07/17/2023 2:50 PM Skipped 07/17/2023 5:08 PM Completed 07/18/2023 9:16 AM Completed 07/19/2023 3:05 PM 07/27/2023 9:00 AM Packet Pg. 157 3.C.a s Co =aev County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION -ZONING SERVICES SECTION HEARING DATE: JULY 27, 2023 SUBJECT: BDE-PL20200001107, 275 3rd STREET WEST — BONITA SPRINGS This petition was previously heard by the Collier County Hearing Examiner on August 26, 2021, as Agenda Item 3.1). A full presentation was provided by both staff and the applicant's agent. When the subject property was owned by PBK Properties, LLC, a building permit for a principal structure had not yet been applied for or obtained. After considerable discussion, this petition was continued to the next regularly scheduled meeting; see partial transcript, Attachment H. The subject petition was again heard on September 9, 2021, as Agenda Item 3. C, at which time no substantive matters were discussed, and the applicant's agent requested the item be continued indefinitely or until such time as ownership and permitting issues had been resolved; see partial transcript, Attachment I. Zoning staff was next contacted by the applicant's agent on or about June 30, 2022. At that time, it was made known that the subject property had been purchased and that the new property owner, Richard C. Mathews, Sr., desired to move forward with the same proposed dock design. The applicant's agent revised their application, approval authorizations, and drawings to reflect the new property owner; no other changes or modifications have been made to the proposed dock facility. The petition was tentatively scheduled for hearing on August 25, 2022; however, staff pulled it prior to advertising, as no building permits had been applied for or obtained for a principal structure. Zoning staff next contacted the applicant's agent on or about May 17, 2023, to advise that a building permit for a single-family dwelling was issued on May 4, 2023; see Permit No. PRFH2O221257271, Attachment J. As inspections had commenced, the applicant's agent requested that the project be allowed to proceed to the public hearing. As staff was preparing this supplemental staff report, it was determined that ownership of the subject property had been transferred to Castelo Mouros, LLC. The applicant's agent was requested to provide an updated Application, Property Ownership Disclosure, Affidavit of Authorization, Deed, Articles of Organization for the LLC, and plans consistent with the current ownership; see Corrective Backup Documents, Attachment G. It has been determined that the prior property owner, Richard Matthews Sr., is the sole managing member of the LLC and that, aside from ownership, there are no other substantial changes to the subject petition since it was last reviewed and presented. BDE-PL20200001107 Page 1 of 2 275 31 Street West July 12, 2023 Packet Pg. 158 3.C.a The previously submitted Staff Report for this project remains valid; however, the name and address of the property owner/applicant are herewith changed to: Castelo Mouros, LLC c/o Richard Matthews, Sr 9510 Corkscrew Palms Cir., Suite 4 Estero, FL 33928 Additionally, the following attachments are herewith added to said Staff Report: F) Revised Dock and Boathouse Plans G) Corrective Backup Documents H) 08/26/2021 Hearing Examiner — partial transcript I) 09/09/2021 Hearing Examiner — partial transcript J) Building Permit No. PRFH2O221257271 K) Sign Posting Furthermore, staff s recommendation to approve the proposed boat dock facility is herewith modified to reference the most current/revised plans; see Attachment F. The recommended conditions of approval remain the same. Lastly, the subject petition has been re -advertised; the required newspaper advertisement ran on July 7, 2023, and the required Property Owner Notification Letter was mailed on the same date. A new Public Hearing sign was also posted to the front of the subject property on July 7, 2023. BDE-PL20200001107 275 31 Street West July 12, 2023 Page 2 of 2 Packet Pg. 159 3.C.b Coer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: AUGUST 26, 2021 SUBJECT: BDE-PL20200001107, 275 3RD STREET WEST — BONITA SPRINGS PROPERTY OWNER/APPLICANT: PBK Properties, LLC 2777 Finley Rd, #12 Downers Grove, IL 60515 REQUESTED ACTION: AGENT: Bill Nelson / Sabrina Dobbins Greg Orick II Marine Construction 2815 Bayview Dr. Naples, FL 34112 The applicant is requesting a 40.3-foot boat dock extension that extends 20.3 feet from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow construction of a boat docking facility with two boatlifts and the establishment of a boathouse with a 1.3-foot roof overhang that protrudes 41.6 feet into a waterway that is 872± feet wide, for the subject property. GEOGRAPHIC LOCATION: The subject site is located at 275 3rd Street West, Bonita Springs. The site is further described as Lot 2, Block F, Replat of Unit No. 3, Little Hickory Shores, in Section 5, Township 48 South, Range 25 East, Collier County. (see location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner desires to replace an existing dock with a dock facility comprising two boat slips and a boathouse on a razed property of 0.24± acres located within a Single Family Residential (RSF-4) zoning district. The docking facility will have two boat slips, each with a lift, one to accommodate 30-foot and 10-foot vessels, respectively. The dock will protrude 40.3 feet into a waterway that is 872± feet wide, as measured from the seawall, which has been determined to be the most restrictive point; however, the boathouse requires an additional 1.3 feet to compensate for the roof overhang; therefore the total protrusion for this dock facility is 41.6 feet. BDE-PL20200001107; 275 3rd Street West Pagel of 8 August 11, 2021 Packet Pg. 160 3.C.b h �Y - ac rr.'•• Li �� � h � xx a u ' 1m } `v Y m \\\`--M IL 1S pig LL 1 CD W � H � D J W � a Dy 0: p IL J BDE-PL20200001107; 275 Yd Street West August 11, 2021 O O N O C11 CL L E z C a 0 O J Page 2 of 8 N O N 1- oo O r- O Q. d CO c m E z v ca Q Packet Pg. 161 3.C.b SURROUNDING LAND USE & ZONING: North: Single-family dwelling located within a Residential Single-Family-4 (RSF-4) zoning district East: 3rd Street West Right -of -Way (ROW), then a single-family dwelling located within a Residential Single-Family-4 (RSF-4) zoning district South: Single-family dwelling located within a Residential Single-Family-4 (RSF-4) zoning district West: Little Hickory Bay, located within a Residential Single-Family-4 (RSF-4) zoning district Aerial (Collier County GIS) BDE-PL20200001107; 275 3rd Street West Page 3 of 8 August 11, 2021 Packet Pg. 162 3.C.b ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to granting this request. The proposed docking facilities will be constructed waterward of the existing seawall shoreline. The shoreline does not contain native vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet 7 of 9 provides an aerial with a note stating that no seagrasses were observed within 200 feet. This project does not require an Environmental Advisory Council Board (EAC) review because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The property is located within a residential single-family zoning district; the proposed docking facility with a boathouse will have two slips, each with a boat lift. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as described in the petitioner's application cannot launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. The petitioner has demonstrated via survey and the provided cross-section, see attachments, that water depths adjacent to the subject property are too shallow to allow for the docking of vessels absent a BDE. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel, thus impeding vessel traffic in the channel.) BDE-PL20200001107; 275 3rd Street West Page 4 of 8 August 11, 2021 Packet Pg. 163 3.C.b Criterion met. The applicant states: "Proposed dock facility does not intrude into marked or charted navigable channel; thus, there will be no adverse impact on navigation. The proposed dock, boathouse, and lift have been designed not to impede navigation and are consistent with all the neighboring docks along the shoreline. Staff concurs. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The subject BDE request is for 41.6 feet, including the boathouse roof overhang, as measured from the seawall. As per the attached "Overall Site Plan with Aerial," the actual waterway width is 1019.5± feet; The overall protrusion of the proposed dock facility into the subject waterway is 4.08 percent. The proposed width between dock facilities will be 872.5± feet. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The submitted plans reveal no impediments with neighboring dock facilities. Secondary Criteria: Whether there are special conditions not involving water depth related to the subject property or waterway which justify the proposed dock facility's proposed dimensions and location. (There must be at least one special condition related to the property, including the type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant states: The subject property and adjacent neighboring properties along this shoreline all have special conditions that require alternative dock design options; one of those conditions is that the natural shoreline makes it difficult to dredge the subject property, which could reduce the overall protrusion out." Staff notes that of the seven other properties within this subdivision that have western waterfronts, six have been approved for BDEs, and the 7th has an active petition. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. As shown on the drawings by the petitioner, no excessive deck area is proposed. 3. For single-family dock facilities, whether the length of the vessel or vessels in combination described by the petitioner exceeds 50 percent of the subject property's BDE-PL20200001107; 275 3rd Street West Page 5 of 8 August 11, 2021 Packet Pg. 164 3.C.b linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The subject property has 80 feet of waterfront. Two vessels are proposed, one being 30 feet long and the other 10 feet for a total of 40 feet, which is exactly 50 percent of the width of the waterfront lot. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed facility will be setback from the riparian lines in accordance with the requirements of the LDC. The drawing in the applicant's support material labeled Overall Site Plan with Aerial shows that the proposed facility will be comparable to the others along the same waterway. 5. Whether the proposed dock facility will impact seagrass beds. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exist within the footprint of the dock. The proposed dock facility will impact no seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated. Criterion is not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to individual docks behind individual residences. In accordance with LDC Section 5.03.06.F., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a Boathouse request based on certain criteria. Boathouses, including any roofed structure built on a dock, shall be reviewed by the Hearing Examiner according to the following criteria, all of which must be met in order for the Hearing Examiner to approve the request. Boathouse Criteria: 1. Minimum side setback requirement: Fifteen Feet. Criterion met: As per the submitted site plan, the boathouse will not exceed mandatory side yard/riparian setback requirements. 2. Maximum protrusion into the waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. BDE-PL20200001107; 275 3rd Street West Page 6 of 8 August 11, 2021 Packet Pg. 165 3.C.b Criterion met. The subject BDE request is for 41.6 feet, including the boathouse roof overhang, as measured from the seawall. As per the attached "Overall Site Plan with Aerial," the actual waterway width is 1019.5± feet; The overall protrusion of the proposed dock facility into the subject waterway is 4.08 percent. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Criterion met: The proposed height is 15 feet above the seawall. 4. Maximum number of boathouses or covered structures per site: One. Criterion met. Only one boathouse is to be built on this property. 5. All boathouses and covered structures shall be completely open on all four sides. Criterion met. The boathouse will be open on all four sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Criterion met. The roofing material and color of the proposed boathouse will match that of the existing single-family residence serving as the principal structure at this location. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Criterion met. The boathouse is located within the required side/riparian setbacks and is consistent with similar facilities along the subject shoreline. Concerning the BDE review, staff analysis finds that the petition satisfies five of the five Primary Criteria and five of the six Secondary Criteria, with the sixth criterion being not applicable. With respect to the Boathouse element of this project, the petition satisfies all seven of the required criteria. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the Hearing Examiner. If the Hearing Examiner approves the petition, the applicant BDE-PL20200001107; 275 3rd Street West Page 7 of 8 August 11, 2021 Packet Pg. 166 3.C.b shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner APPROVE Petition BDE-PL20200001107 to allow for the permitting of the proposed dock facility depicted within Attachment A, subject to the following conditions: 1. A building permit for an allowable principal structure must be obtained prior to obtaining a building permit for the subject dock facility; and 2. A Certificate of Completion for the subject dock facility will not be issued until such time as a Certificate of Occupancy is issued for an allowable principal structure at this location. Attachments: A) Proposed Dock Plans B) Map of Site Plan Survey C) Public Hearing Sign Posting D) Applicant's Backup; application and supporting documents E) Hybrid Meeting Waiver BDE-PL20200001107; 275 3rd Street West Page 8 of 8 August 11, 2021 Packet Pg. 167 - ISOM 1094S pa£ 5LZ 348 L06WOOOZOZld : ZL09Z) SULId 31300 posodad - V WOW43844V :}uauayoellV co co a m Y V R d w U z z oo ~oo �zLO OV) x p a) U U 44 aa0) O�-0) wzC4jO` V - ISOM 1094S pa£ 5LZ 348 LO6W000ZOZld ZL09Z) SULId 31300 posodad - d;uauayoe44V :4u8wt43Blly CD co ' m 5 a v `v C] W M a\ 0 N w t J wa o0- z -r� O r N V -t--j - ISOM 1984S pa£ SLZ 308 LOB WOOOZOZId : ZL09Z) sueld Moon posod.ld - d;uauayoeIIV :;uauayoe;}d 0 d a v U p a. 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The Public Hearing Sign for this petition was posted, to the front of the subject property, by me at approximately 1:20 PM this date. Photos attached. Respectfully, John Kelly Senior Planner A Packet Pg. 177 PUBLII Boathow Boat Dock Extension To Allow a Boathouse and 40.3-foot Protrusion Petition No. PL20200001107 i'1Ex: August 26, 2021 at 9 a.m. Growth Management Building 2800 North Horseshoe Drive, 609/610 John Kelly Senior Pia 3.C.e nner, (239) 252-5719 A -' Is ��- - *0Packet Pg. 178 Coder C014nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOC:: CILITX EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Cade THIS PETITION IS FOR (check one). ❑■ DOCK EXTENSION *■ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed bystoff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): PBK PROPERTIES LLC Name of Applicant if different than owner: Address: 2777 FINLEY RD #12 City: State: DOWNERS GROVE IL _ Telephone: E-Mail Address: Cell: Name of Agents?: BILL NELSON/ SABRINA DOBBINS Firm: GREG ORICK II MARINE CONSTRUCTION Address: 2815 BAYVIEW DR Telephone: 239-949-5588 Cell: Fax: ZIP: 60515 City: NAPLES State: FL ZIP: 34112 E-Mai! Address: INFO@ORICKMARINE.COM PROPERTY LOCATION Fax: 239-301-2238 Section/Township/Range: 5_ / 48/ 25 Property i.D. Number Subdivision: 468700 - LITTLE HICKORY SHORES UNIT 3 REPLAT Unit: 3 Address/ General Location of Subject Property: 275 3RD ST W, BONITA SPRINGS, 34134 Current Zoning and Land use of Subject Property: RSF-4; 1-SINGLE FAMILY RESIDENTAL May 8, 2018 56000080003 Lot: 2 Block: F Page 1 of 6 3.C.f Packet Pg. 179 3.C.f Cotter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4 1 - SINGLE FAMILY RESIDENTIAL S RSF-4/ EXCP BD/CU 1 - SINGLE FAMILY RESIDENTIAL E STREET/RSF-4/ EXCP BD 1 - SINGLE FAMILY RESIDENTIAL W WATERWAY/ RSF-4 LITTLE HICKORY BAY DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): REQUEST A BOAT DOCK EXTENSION OF 20.3' BEYOND THE ALLOWABLE 20', FOR A TOTAL DOCK PROTRUSTION OF 40.3', WITH AN ADDITION OF A BOATHOUSE. PROPOSED BOATHOUSE ADDITION PROTRUDES 21.6 BEYOND THE 20' ALLOWABLE, EXCLUSIVE OF THE ALLOWABLE 3' OVERHANG. SITE INFORMATION 1. Waterway Width: 1D19.5 ft. Measurement from ❑ plat 0 survey 0 visual estimate ❑ other (specify) 2. Total Property Water Frontage: 80 ft. 3. Setbacks: Provided: N163S307 ft Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 40.3 ft. 5. Number and length of Vessels to use Facility: 1. 30' X 9 7' ft. 2. 10' x 47' ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 279 3RD ST W-32' WITH A BOATHOUSE; 283 3RD ST W-45' PROTRUSION; 287 3RD ST W-36' PROTRUSION; 291 3RD ST W- 39' WITH A BOATHOUSE; 293 3RD ST W- 55' PROTRUSION, 295 3RD ST W- 53' PROTRUSION 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 24 Acres May 8, 2018 Page 2 of 6 Packet Pg. 180 GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes *■ No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to ILDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) May 8, 2018 Page 3 of 6 Packet Pg. 181 3.C.f Goer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE Packet Pg. 182 3.C.f Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLE5, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (if applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) May 8, 2018 Page 4 of 6 Packet Pg. 183 3.C.f Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX; (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for, 0 Dock Extension Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 ® ❑ Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 ✓El Chart of Site Waterway 1 Site Plan Illustration with the following; • Lot dimensions,- * Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 1 ✓❑ ❑ facility,- * Water depth where proposed dock facility is to be located; • Distance of navigable channel,- * Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 ❑ ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 Packet Pg. 184 Coder County 3.C.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ElBayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review ❑ Addressing: Annis Moxam ❑ Parks and Recreation: David Berra ❑ City of Naples: Robin Singer, Planning Director ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ❑ Other. Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Other: FEE REQUIREMENTS: Ej Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center -- 2800 North Horseshoe Drive Naples, FL 34104 -Signature of Petitioner or Agent May 8, 2018 Date Page 6 of 6 Packet Pg. 185 Co)er County 3.C.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coflieEgov.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 lN©IVIDUAL, 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: L7 c 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 Own If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the 4reated 'I �U/ LVy, Page 1 of 3 Packet Pg. 186 Co*r County 3.C.f f L COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLE5, FLORIDA 34104 ►n+ww.colliemov.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: Name and Address �f�tcic- / of Ownership rrCGld�a 263a Dale ;, #� l4uSrrr� �a e. if there is a CONTRACT FOR PURCHASE with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: Ifanycontingency clause or contract terms involve additional parties. fist all indivirij iaic nr 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 Packet Pg. 187 Co*ier Cmnt y 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: Anticipated closing date: or 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 thatfailure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shalt be submitted to: Growth Management Department ATTN: Business Center 2800 North horseshoe Drive Naples, FL 34104 3 1 gent/Owner Signature �o b� Agent/Owner Name (please print) Created 9/28/2017 267-6 Date page 3 of 3 3.C.f Packet Pg. 188 3.C.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1, �a t�t`Ck t�C hho �Ys (print name), as (title, if applicable) of PBK PROPERTIES Lrc company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant 1XIcontract purchaserEland that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true, 3, 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. +, 5. Well authorize GREG ORICK II MARINE CONSTRUCTION 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 carp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member" • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e_g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER 1 -2-a l) Date foregoing instrument was sworn to (or affirmed) and subscribed before me on f/� 3 (date) by 'C ' c "- '�;4 _ me of pers pr viding oath or affirmation), as personally known to me (type of identification) as identification. STAMPJSEAL a NAY Fred Pascucci s� NOTARY PUBLIC STTATE OF FLORIDA w $ Comm# GG201712 19M6I%Nb Expires 4/28/2022 CP\03-COA-0011S1i 55 REV 3/24/14 uced ry Public Packet Pg. 189 INSTR 6037083 OR 5926 PG 2424 RECORDED 4/13/2021 8:56 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 AFFIDAVIT OF LIMITED LIABILITY COMPANY Before me, the undersigned officer authorized to administer oaths, on this day personally appeared Patrick Kirchhofer ("Affiant"),.Who upon being duly sworn, deposes and says as follows: 1. Al. r the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein 2. Affiant is Aember of PBK Properties, LLC, a Tennessee limited liability company (the "Company'), which Company is dijfy, organized and in good standing in the State of Tennessee. 3. Affiant is also Manger, of the Company. y in existence under valid Articles of Organization filed with the Secretary of 4. The Company is cueren State of Tennessee on October 19, `:2 18 ("Articles"). The Articles have not been modified or revoked and the Company has not been dissolved. A certifi oexistence from the Tennessee Secretary of State is attached hereto as Exhibit "A" 5. The Company does not 1 and Brett Kirchhofer and the only two (2) 6. Pursuant to that certain unammot hereto as Exhibit "B", Affiant, as Manager of the the Company's assets. 7. The Company is in good standing and is agreement. The sole members of the Company are Affiant Company are Affiant and Brett Kirchhofer. 8. Neither the Company nor its Managers or during the existence of the Company. {Remainder of Page the Members and Managers of the Company attached authorized to sell and convey all or substantially all of do business in the State of Florida. been debtors in a bankruptcy proceeding AFFIDAVIT OF LIMITED LIABILITY COMPANY Packet P9. 190 OR 5926 PG 2425 FURTHER AFFIANT SAYETH NAUGHT. Geier Patrick Kirchhoffer STATE OF COUNTY OF SWORN TO AND "SCRIBED before me by means of [ vj physical presence or online notarization this 30�av of 1)j1qR all , 2021, by Patrick Kirchhofer, who L] is personally known to me or [14'pp-roduced— I VQZC SC- as identification. [SEAL] N Notary PuMc - Signature Printed Name: ANGELA R LOPEZ Commission Expires: NOTARY PUBLIC, STATE OF I My comm4sion Eq**W** 07J 3 E is AFFIDAVIT OF LIMITED LIABILITY COMPANY I Packet Pg. 191 1 OR 5926 PG 2426 3.C.f Tre Hargett cretary of St, E-7xh`, b-,4- ``�" Division of Business Services Department of State State of Tennessee 312 Rosa L. Parks AVE, 6th FL Nashville, TN 37243-1102 MATTHEW L. GRABIICI March 16, 2021 STE 300 4001 TAMIAMI TRAIL N , ._. NAPLES, FL 34103 Request Type: Certificate of Existence/Authorization Issuance Date: 03/16/2021 Request #: 0407948 Copies Requested: 1 Document Receipt Receipt # : 006159746 Payment -Credit Card - State Payment Filing Fee: $20.00 3801608080 $20.00 Regarding: PBK PROPERTIES, Filing Type: Limited Liability Company-\lt0ce _tic <, Control # : 990950 Formation/Qualification Date: 10/19/2018 Date Formed: 10/19/2018 Status: Active Formation Locale: TENNESSEE Duration Term: Perpetual Inactive Date: Business County: CERTIFICATE OF E�X 9 ENCE I, Tre Hargett, Secretary of State of the State of Tenrtasee, Rio hereby certify that effective as of the issuance date noted above PBK PROPERTIES, L`LC * is a Limited Liability Company duly formed under the law ofis-State with a date of incorporation and duration as given above; * has paid all fees, interest, taxes and penalties owed to this Stata°reflected in the records of the Secretary of State and the Department of Revenue) which affettTie Oxistence/authorization of the business; * has filed the most recent annual report required with this office;,1 * has appointed a registered agent and registered office in this State; * has not filed Articles of Dissolution or Articles of Termination. A decree off I dissolution has not been filed. Processed By: Cert Web User '1 /7 f Tre Hargett Secretary of State Verification M 045087127 Phone (615) 741-6488 * Fax (615) 741-7310 * Website: http://tnbear.tn_gov/ Packet Pg. 192 *** OR 5926 PG 2427 *** 3.C.f £xhbi6 "g"" UNANIMOUS CONSENT OF MANAGERS AND MEMBERS OF LIMITED LIABILITY COMPANY The undersj$$noid, constituting all of the Members (and also in the capacity as the only 2 Managers) of PBK Properties, UCC, a ennessee limited liability company hereby consent to the following: I. PBK Prop rti,�s,, LLC, a Tennessee limited liability company (the "Company"), has entered into that certain sales contract h Steven Dyson ("Buyer') dated on or about February 20, 2021, as amended (the "Contract") for the sale by thefcdm any to Buyer of the following real property (the "Property'): Lot 1, Block F of REPLAT OF iUNIT NO. 3 LITTLE HICKORY SHORES, according to the plat thereof recorded in Plat Books 64age 2, of the public records of Collier County, Florida, and Lot 23, Block G of REPLAT 017,UM ' NO. 3 LITTLE HICKORY SHORES, according to the plat thereof recorded in Plat. Bgok,.Q. ppge 2, of the public records of Collier County, Florida. 2. The undersigned, constituting; ll of tho ratify the Contract and agree that Patrick Kirch aci 6r as their capacity as Manager of the Company, are aut riz statement, escrow agreement, and any other docu i ents and content acceptable to the Manager executing the sale of the Property by the Company to the Buyer.: Manager is needed on any closing document. Members and all of the Managers of the Company hereby id. Brett Kirchhoffer (each, an authorized "Manager'), in � d' o execute a deed, bill of sale, seller's affidavit, closing tleered necessary or advisable by such Manager, in form Cu"t, for the purpose of effectuating the closing of the JFo th, avoidance of doubt, the signature of only one 3. This Unanimous Consent may be executed,,; couriterl transmitted via fax and/or email shall constitute and may be .,j ed ;tij purposes. �r Patrick Kirchhot"er AFFIDAVIT OF LIMITED LIABILITY COMPANY and via docusign, and signatures as originals by all parties, for all Packet Pg. 193 3.C.f Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: The location has 80 feet of water frontage and is zoned RSF-4. The upland property is a single-family residential zoned lot that per LDC is allowed two slips. Proposed dock consists of 1 slip with a lift located inside the proposed open -sided boathouse, and one slip with a lift located adjacent to the proposed boathouse, which is appropriate for a single-family dwelling. We are requesting a 19.8 foot extension beyond the allowed 20-foot protrusion. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: This area of Little Hickory Bay has become extremely shallow since the existing dock was permitted in 1969 (68-1689). The water depths have become insufficient to moor a motorized vessel within their riparian rights without protruding greater than the allowed 20-feet into waterway. Water depths are too shallow for mooring at mean low tide as shown in bathymetric data on page 3 of the survey, average water depth at mean low tide is less than 3-feet. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The Packet Pg. 194 3.C.f facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: Proposed dock facility does not intrude into marked or charted navigable channel, thus there will be no adverse impact on navigation. The proposed dock, boathouse and lift have been designed not to impede navigation and is consistent with all the neighboring docks along the shoreline. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: Proposed dock and boathouse facility protrudes a total of 39.8 feet from property line (most restrictive), the overall protrusion is 3.90% of 1019.5 foot waterway, dock facility maintains more than 75% of navigable waterway open. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: Proposed dock extension with boathouse addition does not interfere with neighboring docks as shown in the aerial drawing and in fact the proposed facility is consistent with existing facilities along the shoreline. Packet Pg. 195 3.C.f Secondary Criteria 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: The subjected property & adjacent neighboring properties along this shoreline all have special conditions that require alternative dock design options, one of those conditions is the natural shoreline makes it difficult to dredge the subjected property which could reduce the overall protrusions out. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: The design of the proposed boat dock is for mooring of two recreational vessels to be maintained safely without incidence. No excessive deck area is being proposed, as shown in the site plan. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: Vessel LOA combined is 40 feet, which is 50 percent of the linear water frontage and is exactly 50 percent of the property's linear waterfront footage. Packet Pg. 196 3.C.f 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: Proposed dock and boathouse facility will not have an impact on waterfront view of neighboring property owners and will be consistent with existing facilities along shoreline as shown in the aerial drawing. The existing dock facility and proposed boathouse meet the setback requirements and will not impact the view of the neighboring waterfront property owners. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 must be demonstrated.) Response: There are no sea grass beds located near proposed dock facility as shown in the results of submerged resource survey conducted by Earth Tech Environmental and provided for review. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: This is a single family proposed dock and boathouse, with two vessel mooring areas with lifts and is not subject to the requirements of the Manatee Protection Plan as stated in the above referenced code of 5.03.06 E.11. Packet Pg. 197 Greg Crick II Marine Construction 2815 Bayview Dr Naples, FL 34112 License: C28961 3.C.f Main: 239-949-5588 Boathouse criteria under LDC Section 5.03.06(F): a. Minimum side setback requirement: Fifteen feet. Response: Criterion has been met. The South side of the boathouse provides a setback of 33 feet from the property line; the North side of the boathouse provides a setback of 31 feet from the property line. b. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Response: This requirement is to be satisfied by means of the Boat Dock Extension petition process. c. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Response: Criterion has been met. The proposed actual height is 15 feet from the top of the seawall. d. Maximum number of boathouses or covered structures per site: One. Response: Criterion has been met. Only one boathouse will be built. e. All boathouses and covered structures shall be completely open on all 4 sides. Response: Criterion has been met. All 4 sides of the proposed boathouse are engineered to be left open. f. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Response: Criterion has been met. A single-family house has already been constructed on this lot, the proposed boathouse roof will be matching the same material and color as the existing house. g. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Response: Criterion has been met. The proposed boathouse addition is consistent with existing facilities along that shoreline and does not impact the view of the adjacent neighbors. 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ETE conducted fieldwork for this Submerged Resource Survey (SRS) on April 16, 2020 for Greg Orick Marine Construction (Client). The Client is proposing the construction of a new dock structure. LOCATION The Subject Property is located south of Bonita Beach Rd and west of US 41 in Section 5, Township 48 South, Range 25 East, in Naples, Collier County, Florida. The Subject Property currently has a house on the property. See Figures 1 & 2 below for the property location. WE Figure 1. Site Location Map Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 214 3.C.f Submerged Resource Survey Figure 2. Site Vicinity Map SURVEY MATERIALS & METHODS Based on the proposed dock location, an SRS was performed to search for the presence of important submerged resources such as seagrass and/or hard bottom. The SRS included the proposed construction location as well as a 200-foot buffer radius (survey area) as per the Collier County Land Development Code (LDC) subsection 5.03.06. The SRS was conducted based on methodology outlined in three (3) publications: 1) "Submerged Aquatic Vegetation Survey Guidelines". US Army Corps of Engineers (ACOE). Undated. http://www.sa*.usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/processing steps/process seagrass survey.pdf 2) Florida Fish and Wildlife Conservation Commission (FWC) Recommended Survey Protocols for Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications. 12/14/2011. DRAFT. http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf 3) Collier County, Florida — Land Development Code/Chapter 5 Supplemental Standards/Subsection 5.03.06 — Dock Facilities (May 31, 2017 — Current). https://library.municode.com/fI/collier county/codes/land development code?nodeld=COLLIE R CO LAND DEVELOPMENT CODE Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 215 3.C.f Submerged Resource Survey The survey area is shown in Figure 3. Seagrass in Southwest Florida is ephemeral in nature; therefore, seagrass abundance and density can vary throughout the year. The SRS was conducted by two (2) Ecologists from ETE, utilizing SCUBA gear. North -south and east -west transects were completed throughout the approximate survey area. Photographs were taken to document observations. Figure 3. Survey Area RESULTS/DISCUSSION The tide at the time of the survey was high and incoming. Water depth varied from approximately four (4) feet to ten (10) feet. Weather conditions during the survey were approximately 847 with cloudy skies, light winds (SE @ 7) and intermittent light rain. Underwater visibility was approximately (2) feet. Bottom material was primarily mucky with patches of heavier sand. The majority of the surveyed area was subject to heavy siltation. No seagrass or hardbottom areas were observed within the survey areas. A cluster of oysters was observed in the survey area, primarily along the sea wall and did not appear to be associated with a larger oyster bed. Many oysters appeared dead. Scattered macroalgae (Caulerpa) and Mermaid's Wine Glass Algae (Acetabularia) was observed in the survey area. See Table 1 below for a full species list. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 216 3.C.f Submerged Resource Survey Table 1. Species Observed during Submerged Resource Survey Common Name Scientific Name Algae Caulerpa Caulerpa sp. Mermaids Wine Glass Acetabularia sp. Invertebrates Barnacle Balanus spp. Eastern Oyster Crassostrea virginica Feather Duster Sabellida Sp. Ragged Sea Hare Bursatella leachii pleii Stone Crab Menippe mercenaria Fishes Gray Snapper Lutjonus griseus Hardhead Catfish Ariopsis felis Earth Tech Environmental, LLC www.eteflorida.com V J J 0 0 L 0 0 2 0 d N M V w m d L L M N W m ti O O O 0 O N O N J a Z' 0 C E s V r.+ Q r C d E t C,1 a Packet Pg. 217 3.C.f Submerged Resource Survey PHOTOGRAPHIC DOCUMENTATION The following photographs were taken to document observations during the SRS. Typical bottom substrate with Caulerpa within Survey Area Hardhead Catfish within Survey Area Earth Tech Environmental, LLC r Q www.eteflorida.com Packet Pg. 218 3.C.f Submerged Resource Survey Dead oyster presence within the survey area was abundant. Earth Tech Environmental, LLC www.eteflorida.com rL 7 Y U M m N C R v .Q Q C N E t c� Q r c m E t U a r r Q Packet Pg. 219 3.C.f Submerged Resource Survey REFERENCES Collier County Property Appraiser. http://www.collierappraiser.com Dawes, C.J., R.C. Phillips, and G. Morrison. 2004. Seagrass Communities of the Gulf Coast of Florida Status and Ecology. Florida Fish and Wildlife Conservation Commission Fish and Wildlife Research Institute and the Tampa Bay Estuary Program. St. Petersburg, FL. iv + 74 pp. Florida Fish and Wildlife Conservation Commission (FWC) Recommended Survey Protocols for Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications 12/14/2011 DRAFT. http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf Fonseca, M.S., W.J. Kenworthy and G.W. Thayer 1998. Guidelines for the Conservation and Restoration of Seagrasses in the United States and Adjacent Waters. NOAA Coastal Ocean Program Decision Analysis Series No. 12, NOAA Coastal Ocean Office, Silver Spring, MD. pp. 1-222. Green, R.H. 1979. Sampling design and statistical analysis methods of environmental biologists. John. W. and Sons, Inc., New York. Karazsia, J., 2010. A Science -based Seagrass Survey Window for Coastal Construction Project Planning in Florida. NOAA NMFS Southeast Region, Habitat Conservation Division. Morris, L.J., L. Hall and R. Virnstein. 2001. Field Guide for Fixed Seagrass Transect Monitoring in the Indian River Lagoon. St. Johns River Water Management District. "Submerged Aquatic Vegetation Survey Guidelines". US Army Corps of Engineers (ACOE). Undated. http://www.sa".usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/processing steps /process seagrass survey.pdf Zieman, J.C. 1982. The Ecology of the Seagrasses of South Florida: A Community Profile. U.S.F & W.S., Office of Biological Services, Washington D.C. FWS/OBS-82/25, 158 pp. (Human Impacts p. 84-90) Collier County, Florida — Land Development Code/Chapter 5 Supplemental Standards/Subsection 5.03.06 — Dock Facilities (May 31, 2017 — Current). https://Iibrary.municode.com/fl/collier county/codes/land development code?nodeld=COLLIER CO LAND DEVELOPMENT CODE Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 220 (all S0110 y 0104se0- ISOM IOW4S PIE SLZ 301 LOII000OZOZ-1d : ZLOSZ( dny>eg s,luea!Iddtl- 0luawynelltl luawynelltl V l ' W O o � tl /� � / � ONa a r v -e L 210, IQ ° jH�Np2 zcn� tcN p�J.-t.OY WR' 4a � �nma�a�U Qz 7� Uj V wn�Y2�y d ►--1 a o ao c F-z�U J WF cNUn NZv e a J i U J L e ti hkk� C��yO Oy v®$$$ `9iQhlb h oa $ems �tib h 0W @ gosh' W1O ,pao3hW be C•h NtiN '0�$OB n !a Wp°1 ,bWW �W�W� oW�•�iO OPj� M+ 2 =Z tiy22S S22 ee00000 �aahoum a v oeo ��V V. ?�I oo� \iF tibl F q F \ e p vV `� \ ♦ imp 1g �.e F tiQ a 6` v � 3: dor�ddlf pne [ "Poo 4 a \ N /kh" �btA� /dX dJ✓!it" Ah V 4 4 v v} p ll It ���dme� ao �t po�Fp ,e •.o z i ++�pF�pqq a 4 ai @� 0 vl ice; pi�W w �W a�•pitl 0 3.C.g CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Hearing Examiner For Petition Number(s): PL20200001107 Regarding the above subject petition number(s), PBK PROPERTIES LLC (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Patrick Kirchhofer Signature: 1& ✓❑ Applicant* ❑ Legal Counsel to Applicant Date: 7/30/2021 * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 222 pa£ SLZ 308 LO � 60000ZOZ-ld : Z109Z) sueld asnoy;eo8 pue Mooa pasinaM - =1 ;uauayoe;}d :;uauayoejjV Cl) N N a d r+ d Y V R d w U z z oo ~oo z LO Ov) x p a) U U 44 aa0) O�-0) wzC4jO` V pa£ 9LZ 348 LO 6 WOOOZOZ-1d ZL09Z) sueld asnoy;eo8 pue 3130a pasinaM - =1 ;uauayoe;;d :;UOLU 3844V N N a d r+ R J ± y d Q Q d i M a, O N w W O o C: _cn w 2 Cc: ° ° °-Em �.=o.o� ° a m a co 0 mwEoa�a� N M - 2 7 — u- C E N O _ i N co (6 'X O ff.. V CD Z co co m M N E <n 0 N N _ O o O o E o~ Fu E -° V i >, Co Co C J.O. Oa (6 (0"a"a O (0 E, E 3 y y a t J wa -r� V -t--j w z U Z 00 00 �zLo 0 Lo x p 11 0) U U 14 0 0) 0 U)m w Z C4 . 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Number Subdivision: 468700 - LITTLE HICKORY SHORES Address/ General Location of Subject Property: 275 3RD ST W, Bonita Springs , 34134 Current Zoning and Land use of Subject Property: 7 - Miscellaneous Residential May 8, 2018 56000080003 Unit: 3 Lot: 2 Block: F Page 1 of 6 Packet Pg. 230 3.C.i Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4 1 - SINGLE FAMILY RESIDENTIAL S RSF-4/ EXCP BD/CU 1 - SINGLE FAMILY RESIDENTIAL E STREET/RSF-4/ EXCP BD 1 - SINGLE FAMILY RESIDENTIAL W WATERWAY/ RSF-4 LITTLE HICKORY BAY DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): REQUEST A BOAT DOCK EXTENSION OF 20.3' BEYOND THE ALLOWABLE 20'. FOR A TOTAL DOCK PROTRUSTION OF 403. WITH AN ADDITION OF A BOATHOUSE. PROPOSED BOATHOUSE ADDITION PROTRUDES 21.6' BEYOND THE 20' ALLOWABLE, EXCLUSIVE OF THE ALLOWABLE T OVERHANG. SITE INFORMATION 1. Waterway Width: 1019.5 ft. Measurement from ❑ plat ❑■ survey ❑■ visual estimate ❑ other (specify) 2. Total Property Water Frontage: so ft. 3. Setbacks: Provided: 1163 S30.7 ft Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 40.3 ft. 5. Number and Length of Vessels to use Facility: 1. 30' X 97 ft. 2. 10' x 47' ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 279 3RD ST W-32' WITH A BOATHOUSE; 283 3RD ST W-45' PROTRUSION; 287 3RD ST W-36' PROTRUSION; 291 3RD ST W- 39' WITH A BOATHOUSE; 293 3RD ST W- 55' PROTRUSION, 295 3RD ST W- 53, PROTRUSION 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? .24 Acres May 8, 2018 Page 2 of 6 Packet Pg. 231 Coder Count y 3.C.i COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 8. Official Interpretations or Zoning Verifications: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) May 8, 2018 Page 3 of 6 Packet Pg. 232 3.C.i C©er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) May 8, 2018 Page 4 of 6 Packet Pg. 233 3.C.i CAA County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: [ Dock Extension Boathouse Chapter 3 B of the Administrative CodF The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 ® ❑ PropertyOwnershi.pDisclosure Form 1 Signed and Sealed Survey 1 ✓ Chart of Site Waterway 1 ❑ ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 1 ✓❑ ❑ facility, - Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Add ressi ,&Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 ® ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 Packet Pg. 234 Co*er County 3.C.i COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Addressing: Annis Moxam ❑ 1 City of Naples: Robin Singer, Planning Director ❑ I Conservancy of SWFL: Nichole Johnson ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bav ❑ I Historical Review ❑ Parks and Recreation: David Berra El School District (Residential Components): Amy Lockheart ❑ Other: ❑ Other: FEE REQUIREMENTS: � Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing, As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Signature of Petitioner or Agent May 8, 2018 Date REV: 7/12/2022 REV: 7/7/2023 Page 6 of 6 Packet Pg. 235 INSTR 6394019 OR 6239 PG 3664 E-RECORDED 4/25/2023 12:15 PM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $18.50 CONS $10.00 Prepared By and Return To: Richard C. Mathews Sn P.O. Box 892 Estero, FL 33929 Number(s) 56000080003,468,70Q. F23AO QUIT -CLAIM DEED "This deed re resents a conveyance of unencumbered real property between related parties wh 6 re, th,5,qr .9ntor is the sole shareholder of the Grantee for no consideration* 892, Estero, FL 33929, first part�,toQ lo Mouros, LLQ a Florida limited liability company whose post office address is P.O. Box 892, Estero, FL*29, second party: '(Wherever used herein the terms' "�ftt party" and "second party'shall Ind ude singular and plural, heirs, legal representa#ves, assigns of ihd\n "dials and the successors and assigns of corporations, 7 -.X wherever the context so admits; orfe&!M%J�% Vi 417r�:Avmn rt f LOT 2, BLOCK F REPLA• T WF Q14 1 V awol'.4 111 M P 1111 N, V W1 V 0 1 to 141 V1ET#M,1L7MZ=n* i of the sum of $10,00 in hand by the said second TO HAVE AND TO HOLD the same together with all and singular ih anywise appertaining, and all the estate, right, title, interest, lien, equib in law or equity, to the only proper use, benefit and behoof of the said IN WITNESS WHEREOF, the said first party has signed and seated these written. WITNESSES: W-90121101901� •� �s thereunto belonging or in latsoever of the said first party, either forever. I Packet Pg. 236 1 *** OR 6239 PG 3665 *** STATE OF Florida COUNTY OF -L& thi day ofApril, 2023 by Richard C, Mathews Sr, who who has produced asidenfification. Notary Public TRINITY HANSEN, Name printed orstamp ^, My Commission Expires. (SEAL) RDTRINMY 8 HANSEN Notary Public - State of Florida Commission # HH 333790 4 My Comm. Expires Feb 5, 2027 ViInded through I Packet Pg. 237 1 Coder County 3.C.i COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the 0 C. erceniage or sucn inEeresi: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the lerceniage or sLocK ownea oy eacn: Name and Address % of Ownership Richard Mathews, SR 100 if the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 238 3.C.i COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colitgrgov.net f± e. f Co filer County 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 ;eneral and/or limited partners: 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 Tracers, scocKnwaers, oeneTicianes, or partners: Name and Address I % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or W iILCrS, II d LurpurdLIUH, pdrLnersrrlp, Ur LruSC Name and Address g. 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 sa. Y U R m a� U a� L L �0 V d E t ci a a� E z U is r a Packet Pg. 239 3.C.i COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net Date of option: Corer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 7/7/2023 Agent/Owner 54Kature Date Mark Qreus Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 240 3.C.i Electronic Articles of Organization For Florida Limited Liability Company Article I The name of the Limited Liability Company is: CASTELO MOUROS, LLC Article II L23000171027 FILED 8:00 AM April 06, 2023 Sec. Of State sdiamb The street address of the principal office of the Limited Liability Company is: 9510 CORKSCREW PALMS CIR SUITE 4 ESTERO, FL. US 33928 The mailing address of the Limited Liability Company is: P.O. BOX 892 ESTERO, FL. US 33929 Article III The name and Florida street address of the registered agent is: RICHARD MATHEWS SR 9510 CORKSCREW PALMS CIRCLE SUITE 4 ESTERO, FL. 33928 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: RICHARD MATHEWS SR. Packet Pg. 241 3.C.i Article IV The name and address of person(s) authorized to manage LLC Title: AMBR RICHARD MATHEWS SR P.O. BOX 892 ESTERO, FL. 33929 US Article V The effective date for this Limited Liability Company shall be: 04/05/2023 Signature of member or an authorized representative Electronic Signature: RICHARD MATHEWS SR L23000171027 FILED 8:00 AM April 06, 2023 Sec. Of State sdiamb I am the member or authorized representative submitting these Articles of Organization and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1 st and May 1 st in the calendar year following formation of the LLC and every year thereafter to maintain "active" status. Packet Pg. 242 3.C.i AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P1-2020001•07 Richard Matthews Sr (print name), as Registered owner applicable) of cASTFi.d.Mouaos i_rc (company, If under oath, that 1 am the (choose one) owner0applicant F7contract purchaser[ (title, if licable), swear or affirm 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 Co' my in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data o, other supplementary matter attached hereto and made a part of this application are honest and true; j 3. 1 have authorized the staff of Collier County to enter upon the property during normal worsting hours for the purpose of investigating and evaluating the request made throughithis application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 55. Well authorize Greg Orick 11 Marine Construction Inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes, • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. p.res. • 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 "generz I partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate; trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of ©physical presence on © online notarization this day of July 2Q zs , by (printed name of owner or qualifier) Richard Matthews Such person(s) Notary Public must check applicable box: 0 Are personally known to me ❑ Has produced a current drivers license ❑ Haslpr':oduced as identification. Notary Signature. r' �- C P10R-COA-00 E 15l t 55 REV 3/412410 MAKERBY OREIIS MY COMMISSION # HH 182 -.182In �,4 EXPIRES: October 6,,202.i 'FOiF4ByV hr.NtPlL.U-,d,, Packet Pg. 243 - ISOM;aaa;S pa£ 5LZ 308 LO � 000OZOZ-1d : ZL09Z) do)13e8 ani;DaJJOD - C) IUGWy3elIv :jUOWt43ejjv w U z z oo ~oo z Lo OV) x p a) U U 44 aa0) O�-0) wzC4jO` V -;SaM;984S pa£ 5LZ 348 LU WOOOZOZld Z109Z) dnM3ee OAIIOGJJOO - !D jU8Wt43Bjj y :4UOWt4ae;}d un N a d r+ R J ± y d Q Q d i M a, O N w W O o C: _cn w=3 Z 2 Cc: ° °-Em �.=o.o� ° a m a co 0 c�wEoa�a� N M - 2 7 — U- C E N O _ i17 N co (6 'X O Z-V CD Z co co m M N E <n 0 N N _ O ° o O o E o~ Fu E -° V i >, Co Co C J.O. Oa (6 (0"a"a O (0 E, E 3 y y a t J wa -r� V -t--j w z U Z 00 00 �zLo p Lo x p 11 0) U U 14 0 0) 0 U)m w Z C4 . 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Bellows, Zoning manager Page l of 30 Packet Pg. 251 3.C.j August 26, 2021 time. THE HEARING EXAMINER: Out of curiosity, how far down is the pass that gets out? It's Wiggins Pass, right? MR. NELSON: Yeah, it's Wiggins Pass. Timewise, it's probably a little less than an hour, somewhere between 45 minutes and an hour. Distance, probably about two and a half, three miles I'd say. And you've got to go under the 41 bridge, it's pretty low, so it kind of limits the size of vessel that can get back up in there. THE HEARING EXAMINER: Pardon me while I go through your -- the application. Okay, any public speakers today? MR. YOUNGBLOOD: Mr. Dickman, I do not have any registered speakers for this item. THE HEARING EXAMINER: No property owners, I see there's signs put out on the property, it's probably a radius notice on this one, correct? MR. BELLOWS: Correct. THE HEARING EXAMINER: Okay. So everyone's been duly noticed of this public hearing. Okay, if you don't have anything else you want to provide, I do have all the information in the packet that was submitted and I will review that and get a decision to you as expeditiously as possible. MR. NELSON: Thank you. THE HEARING EXAMINER: Thank you. Have a great day. Yeah, you're staying here; do more. John, hi. MR. KELLY: Good morning. THE HEARING EXAMINER: This is 31), 3D, by the way, on the agenda. MR. KELLY: Good morning, Mr. Dickman. I'm John Kelly, senior planner for the record. Again, this is your item 3D. It's boat dock extension PL20200001107 for 275 Third Street West. The Applicant is requesting a 40.3 foot boat dock extension that extends 20.3 feet from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow a construction of a boat dock facility with two boat lifts and the establishment of a boathouse with a 1.3 foot roof overhang that protrudes 41.6 feet into a waterway that is plus or minus 872 feet in width for the subject property which is within an area zoned RSF4. Notice and hearing requirements for a boat dock extensions are contained within LDC section 10.03.06(h). The property owner notification letter and ad were run by the County on or about August 6th, 2021, and a public hearing sign was posted by me on August loth, 2021. This was reviewed by the boathouse criteria contained in Section 5.03.06(h) of the LDC and was found to satisfy five of five of the primary criteria and five out of six of the secondary criteria, with six being not applicable, the manatee protection plan. The boathouse review criteria is contained within Section 5.03.06(f), one through seven, and it was found that the boathouse satisfies all seven of the criteria. There is a unique feature on this property that being that it is presently in a raised condition, so there is no principal structure. For that reason, Staff needs to include a condition that the building permit for an allowable principal structure be obtained prior to obtaining a building permit for the subject dock facility. And number two, that the certificate of completion for the subject dock facility will not be issued until such time as the certificate of occupancy was issued for an allowable principal structure. Staff does recommend that you approve the petition to allow for the permitting of a proposed dock facility as depicted within Attachment A. THE HEARING EXAMINER: John, do you have any idea where they are with filing for their single family home construction? MR. KELLY: Do not. THE HEARING EXAMINER: Do not, okay. Is the owner of the property here today? MR. NELSON: No, the owner is not here, but I'm representing them in this. i do Page 11 of 30 Packet Pg. 252 3.C.j August 26, 2021 believe they've applied for the single family permit, but I can definitely confirm that if I have the chance. THE HEARING EXAMINER: All right. So that's pretty key and you understand why the condition's there, right? MR. NELSON: Yeah, we run into this a lot with normal permits. It's usually due to the electricity for the boat lift, obviously if there's no home there, we have to run it. THE HEARING EXAMINER: Plus, it will probably be easier to access that area to put the dock and whatever else you want to build, correct? MR. NELSON: Sure, but that's no problem, but -- THE HEARING EXAMINER: You can slip it in anywhere you want. All right, so I agree with that condition. There's no reason -- I mean, we can't have a dock on a vacant single- family parcel; that's just not the way it works. I think the condition is, what, it's how much time do you want to give them? MR. KELLY: Actually, because it would prohibit an accessory structure prior to a principal structure, so that is the reason for the condition. Staff will concede you can obtain a building permit and proceed once that's occurred for the principal structure. THE HEARING EXAMINER: And that means 100% can't be accessory to nothing, right? That's the whole point of an accessory, all right. This is really my primary concern here, are there -- let me just look at the public hearing phase here. Anyone here to speak? MR. YOUNGBLOOD: I do not have any registered public speakers for this item. THE HEARING EXAMINER: I see no property owners on either side, there's nobody here, I'm going to close the public hearing. This seems like you -all have checked the boxes for both primary and secondary criteria for the dock, as well as we've looked at the boathouse criteria there, what kind of -- is this a fabric type of covering or is it -- what type of covering is this? MR. NELSON: The covering will have to match the primary structure for per the Collier County code. It will be a ridged roof plywood underlayment structure. THE HEARING EXAMINER: I'm just curious, the proposed 7,000 -- the 7,000 square feet boat lift with thru-flow deck platform, can you describe that for me? MR. NELSON: Yeah, no problem. It's actually a 7,000-pound capacity boat lift. And the thru-flow is basically like a grading -type decking that allows water to easily flow through it which helps the platform sink and these are basically the most convenient way to access paddle boards, kayaks, jet skis, because you can basically stand on the platform in, like, ankle deep water to get your vessel off of the platform. THE HEARING EXAMINER: Okay. So are the boats purchased? MR. NELSON: For this property, they have not. He's given us an idea of length and size of the vessel, but he does not actually own it yet. THE HEARING EXAMINER: Is the boat here on page 269 is depicted as a 30-foot vessel stern to bow, not including the two outboard engines, frequently -- I mean, part of this criteria is the need and the boat actually drives the need for this, so I very frequently ask for that information just because if this type of boat is being illustrated, then that drives the design of the dock, which is you have it looks like four four -foot finger piers on either side which would allow for safe access to the vehicle, or vessel, sorry. And then is it your opinion in the front of the -- in front running parallel to the seawall, the existing seawall, there's a 6 by 32 and a half foot decking area, do you feel like that is the minimum necessary for the use of the vessels there? MR. NELSON: Yeah, basically that gets it far enough away from the seawall to where a deck won't be an issue and we are wouldn't interfere with any oysters that are currently there or anything like that. THE HEARING EXAMINER: From what 1 understand, is this -- so when you say the Page 12 of 30 Packet Pg. 253 3.C.j August 26, 2021 7,000 pound one, is that more for watercraft, like personal watercraft and kayaks and things of that nature? MR. NELSON: Yeah, exactly. THE HEARING EXAMINER: Does it go up and down? MR. NELSON: Yep, the whole platform goes up and down and it's in this case mostly for kayaks and paddle boards. THE HEARING EXAMINER: So nobody wants to just jump into the oyster bed and go kayaking anymore? MR. NELSON: Yeah, it's just way easier than climbing down a ladder, especially in areas where there's -- this area is a no -wake zone, but in some areas, you know, it's full wake and it can be pretty scary walking down there with the big wave runners. THE HEARING EXAMINER: Okay. So I see that the -- the actual Little Hickory Bay channel looks to be according to your designs, 914 feet from the dock directly across and it looks like it's a 1,019 from seawall to seawall, something on that nature. Is this -- I have to ask this question, but are there any designated channel markings or undesignated channels that this particular boat would be interfering in? MR. NELSON: No, there is a channel there and we're well away from it. THE HEARING EXAMINER: Okay. So the structure that's being shown on the documents submitted by you, that's already been demolished? MR. NELSON: The original dock I don't believe has been demolished yet, no. THE HEARING EXAMINER: I mean the outside principal use. MR. NELSON: Yes, that I believe has been demolished. It's been a while since we've started this, so -- THE HEARING EXAMINER: I'm looking on page 277, but it's your -- it's your unsigned and undated document. You're Bill Wood, correct? MR. NELSON: No, I'm Bill Nelson, representative of Greg Orton Marine Construction. THE HEARING EXAMINER: What is your capacity there? MR. NELSON: I'm basically vice president. I do a little bit of everything really. I run the electric crew, service. I work as a project manager with the clients. I make a lot of the dock drawings and proposals and -- THE HEARING EXAMINER: How long have you been with the company and how long have you been working in marine construction? MR. NELSON: I've been -- they're basically one in the same. I've been in marine construction and working with the company for about nine years. THE HEARING EXAMINER: The same amount of time? MR. NELSON: Yes. THE HEARING EXAMINER: Okay. So I would say you're an expert. MR. NELSON: Thank you. THE HEARING EXAMINER: Anything else, John? You want to add to this? That's my only concern is that we don't have a principal structure. MR. KELLY: That's our concern as well. THE HEARING EXAMINER: Okay. So we're not going to allow the -- are we anticipating this dock and boathouse to be built prior to construction? MR. KELLY: That's why we're requesting the permit be issued first for the principal structure and so that you don't run into that. THE HEARING EXAMINER: All right. Well, let's talk about this. So lots can happen when you issue -- when someone comes in with plans for the principal structure, a lot of things can happen and the principal structure's not built, but then the dock is built. What's the plan there? MR. KELLY: That would be your second condition that the certificate of occupancy or completion cannot be issued for the dock until there is a certificate of occupancy for a residence. THE HEARING EXAMINER: Right. Okay. So what is the timeline for getting that; is Page 13 of 30 Packet Pg. 254 3.C.j August 26, 2021 there -- how much time -- does that expire at some point? MR. KELLY: Building permits do expire. I believe there's allowed six months between inspections, but I'm not certain. They do expire. They can't be extended. THE HEARING EXAMINER: So we could be in a situation possibly where there was a dock built with a boathouse with two lifts and nothing built there for a long time worst -case scenario. I'm always thinking about worst -case scenarios. MR. KELLY: I'm going to defer to Grady if he has a comment on something like that. THE HEARING EXAMINER: This is the first time I've been asked for me. MR. BELLOWS: For the record, Ray Bellows. The scenario that you outlined is a possibility; that's why we came up with the conditions with approval that would prohibit the use of any dock construction prior to C.O. of the principal use. THE HEARING EXAMINER: Okay, C.O. of the principal use, the dock will be built, will they still be able to put their boat there while the principal use hasn't been constructed? MR. BELLOWS: The Land Development Code would prohibit the use of accessory structure prior to having a principal use permitted, so the permitted use would be the dwelling. It would have to be up and running and C.O.'d before they can use the dock and use it, .they wouldn't be able to moor a vessel there until then . THE HEARING EXAMINER: That answers my question. Is your client aware of that? MR. NELSON: Yes, I believe that's actually the current code for any dock. THE HEARING EXAMINER: Sometimes, you know, the client doesn't know that. MR. NELSON: Yeah, our clients are aware and we'll definitely tell them. This will incentivize them to get in there and get their building permit faster. THE HEARING EXAMINER: All right. MR. KELLY: Again, John Kelly, for the record. If I may, they would not be allowed to use that dock until there's a certificate of completion for which you would have a condition that it cannot be issued until such time as the certificate of occupancy for the residence is. THE HEARING EXAMINER: Is there a way to -- I mean, I believe I have jurisdiction to also put conditions in there as well -- MR. KELLY: Absolutely. THE HEARING EXAMINER: -- about possibly having to come back to me if -- I'm saying I believe everyone's working in good faith, trust me, but I have to think about multiple scenarios that could happen and one thing I do not want, the worst -case scenario is the principal structure not built, the dock -- a beautiful dock built and someone starts using the dock and fishing and so forth and then the neighbors get furious and then you know what happens. And so I may think about that as well, you know, putting in maybe you might have to come back here if - - if the principal structure -- if there isn't any continuous use or continuous action on the permit and then continuous construction. You know, the economy can affect houses, building, people buy properties, speculate, they start building, financial things happen, building stops, so I'm going to think about that quite a bit and you can pass that along to your client. MR. NELSON: I'm just asking if I could make a comment about that. THE HEARING EXAMINER: Of course. MR. NELSON: Is there any way the restriction can be put on the building permit and not this planning, because as you know these are nine months to a year long processes, very much time and money is put into this, so I really would hate to basically have to go through this application process again because it's very expensive. MR. KELLY: If I may, sir, John Kelly for the record once again. As part of the building permit process for the single-family residence, assuming that is the type of structure to be built there, there would be a requirement for a spot survey to be submitted once they've poured the slab and that would be a pretty good demonstration that there will be construction underway, so I might recommend that perhaps you tie it to the approval of the spot survey for the principal structure. Page 14 of 30 Packet Pg. 255 3.C.j August 26, 2021 THE HEARING EXAMINER: I assume you could build this dock once the principal structure is built, right? MR. NELSON: Yes. Yes, sir. THE HEARING EXAMINER: So the fact that -- I mean, having a bare parcel, while it may make it easier for you to unload and off load some of the wood and piles and things like that, it's not impossible to build the dock once the principal structure is constructed. MR. NELSON: No, not at all. We don't even plan on having an empty lot. THE HEARING EXAMINER: Did you put the sign out there? MR. KELLY: Yes. THE HEARING EXAMINER: What did the property look like when you went out? MR. KELLY: You do have photographs there. It would be attachment -- Attachment C if you can get that pulled up. THE HEARING EXAMINER: I see it. So this is what I was wondering, there appears to be some type of realtor sign on the property and so my concern is that this is someone speculating and then trying to sell the lot and part of the sales is the dock; that's my concern. You see that? Has this property been purchased? MR. NELSON: I know it's -- it was the same applicant as the one next door and he owned both properties, but I'm unsure what their plans are with the sale or the -- you know, the conditions of what they're planning. MR. KELLY: One more item for your consideration, sir. I did have one telephone call on this property. It was from a neighbor, so I have to assume it was the neighbor to the south, and their concern was that it had been expressed to them that the dock would not proceed until the property had new ownership, but I'm unable to verify that. I only had the one call who he asked who was the owner of the property and that was all I had, but for the record, I did have one contact on this property. THE HEARING EXAMINER: Do you have any information about whether the permit has actually -- the plans have actually been started? MR. KELLY: I did check our permitting system, City Tier, last week, I unfortunately have not this week. There was no permit issued. THE HEARING EXAMINER: All right, this is what I'm going to do, I'm going to continue this item to the next hearing because this is my primary concern, this is not the usual process that you go on. And I think you know this, you are in the business in this and you're an expert, and my concern here, again, is that we're really -- if this property is just being listed for sale and there isn't a buyer, and if there isn't a buyer, then logically there wouldn't be a home being contemplated for this property. So then we get into a situation where someone says, well, yeah, Mr. Dickman, you approved one of these before, and it becomes a situation where, hey, guess what, you have a dock. And actually these things are supposed to be boat driven. Basically you have the boat and you need the dock for a variance, okay. You're not just asking for a dock that meets the code without having, you know -- as of right, without having the boat. You're asking for a variance that would inure to the land and run with the land, but there's no principal structure there and there's no -- there's no way for me to evaluate, you know, any of that stuff. And, frankly, it just puts me in an awkward situation, right? John, would you have a problem with me continuing this and getting the property owner here around getting testimony from the property owner telling me what the -- what their plan is? MR. BELLOWS: For the record, Ray Bellows. I think that's appropriate given the fact that it seems to be a speculative boat dock extension with no current owner. THE HEARING EXAMINER: Sir, do you have a question? MR. WORHEES: Yeah. For the record, Mark Worhees (ph). I handle all the permitting and everything, all the information for Greg Orton. THE HEARING EXAMINER: You work for whom? MR. WORHEES: For Greg Orton. Page 15 of 30 Packet Pg. 256 3.C.j August 26, 2021 THE HEARING EXAMINER: Oh, he works for you? MR. NELSON: Yeah. MR. WORHEES: As well. For the planning part, in terms of this situation, we are well aware that we have -- we have no -- how do I say it, we're not trying to get anything through the cracks. I understand your principal structure; that's completely Collier County code. I used to work here, so I did all the permitting here as well, so I know principal structure can't have an accessory, no sheds or anything on the property. So in terms of the planning process, we're -- the owner does know that we have no intentions to -- not no intentions, we basically told him that we cannot do anything until the house is in there. We can't even apply for a permit until an actual principal structure building has actually been applied for. So even if we applied for a permit trying to start it, the permitting intake would actually stop us and tell us that there's no principal structure, so there's several checkmarks that have to be sent and made before we can even do our process in terms of the permitting itself, so I completely understand. There's also conditions which can also be put in place for the slab inspection or multiple different inspections that at any point in time can halt a permit and stop the procedure. The planning is the same because we know the planning takes 9 to 12 months. We've been working this one for almost probably -- probably over a year. THE HEARING EXAMINER: For the dock? MR. WORHEES: Yeah, for the dock. THE HEARING EXAMINER: Not for the house? MR. WORHEES: No, because we don't want -- we -- basically the owner didn't want to -- how do I explain it? The owner kind of wanted to get everything in place first, so now that the - - if the dock extension gets approved and everything like that, the owner will be rushing to get the house and principal permit in and taking care of it now that he knows that this longer procedure has been taken care of. THE HEARING EXAMINER: Where is the boat now? MR. NELSON: As far as the boats go, you are correct, that designs are definitely driven around a boat, but as far as the owners already having a boat, that is rare, especially in situations with these boat dock extensions because we tell these people right off the bat it's going to be at least a year before we can even apply for a building permit and a lot of times they don't want to put a boat in storage and pay $2,000, $3,000 a month just to store something they can hardly use, so in this case there is no boat, and in most cases for boat extensions there isn't a boat. It's either on order or they're going to get one in this general size. And the size of the lift we're proposing for this as well is definitely the typical for that sized boat. If you were to go above that sized boat and extend beyond what we're asking for in the boat dock extension, that lift wouldn't have the capacity to basically hold something of that size. THE HEARING EXAMINER: It's a 10,000, 100,000? MR. NELSON: This one is a 13,000 pound lift, the one under the boathouse. THE HEARING EXAMINER: And what's the maximum size for a 13,000 pound lift? MR. NELSON: It depends on the type of boat, but basically if you're talking about a heavier style, like a cabin cruiser or something like that, you're basically limited to like, 30, 32 feet. A center console, you might be able to get a little more in, 35, 36, but -- but this, again, is typical for this area and for that sized boat. THE HEARING EXAMINER: I'm sorry, sir, what was your name again? MR. WORHEES: Mark. THE HEARING EXAMINER: Mark, and you have had experience with the County, I appreciate what you're offering. So I'm a little confused because Mark has said that they won't start construction until there's a principal structure. I think that's what you were saying. MR. WORHEES: Which is basically Collier County rule of law. Page 16 of 30 Packet Pg. 257 3.C.j August 26, 2021 THE HEARING EXAMINER: I didn't hear that from you, Ray. MR. BELLOWS: For the record, we don't have any time on when they're going to submit their building permit for the principal structure, so it seems like they are speculating on the sale of the house to some other person who they have no idea what the house will look like or how it's to be designed, they just want the dock to be part of the marketing of the principal structure. THE HEARING EXAMINER: Do you know the owner of the property? MR. NELSON: Yes. THE HEARING EXAMINER: I'm speaking to Mark. MR. WORHEES: Oh, yeah, I've spoken to him several times. THE HEARING EXAMINER: Who is the owner? MR. WORHEES: (Inaudible) currently right now, it is Mr. Stuart Wood. THE HEARING EXAMINER: And does he live next door or in the neighborhood or -- MR. WORHEES: (Inaudible). THE COURT REPORTER: I can't hear, I'm sorry. THE HEARING EXAMINER: Yeah, you've got to speak louder. MR. WORHEES: I'm sorry about that. Yeah, he owns this property and the one next door. THE HEARING EXAMINER: Okay. So I'm going to need some testimony from the owner. I get what you're saying, you know, I could approve this and hope that this works out correctly or I could get testimony from the owner about the boat and the -- all of this. I definitely understand what you're saying, you know, why buy the boat if you don't have the dock. This particular code is written in an odd way in my opinion, you know, so I always ask this question about do they have a contract on the boat or are they storing the boat someplace else pending the approval of the dock, you know, because you have designs in here that show a vessel of a certain size and, you know, that would -- that could be very much part of this. You know, you won't be able to buy a vessel any bigger than that and so a prospective buyer could have a bigger vessel and want a different dock. So that's my concern here is that what if this property is bought by someone else and then they have a 35-foot vessel and they need 10,000-pound lift? It's a quandary or they may come back in for modification of this approval. MR. KELLY: I need to correct the record. The next case that's before you is going to be the adjoining lot. They both -- at the time that these applications came in, this property and the other were from a PBK Properties, LLC out of Downers Grove, Illinois. And so, yes, this property owner did own the adjoining property. However, it has since been sold and so now the new owner of your next project is the new owner of the next project, so he does not own both lots, or this corporation does not own both lots. THE HEARING EXAMINER: Ray, John, would you prefer that we hear from the owner and find out a time line of -- I mean, my biggest concern is this hasn't been sold. MR. NELSON: It THE HEARING EXAMINER: One second, one second. I'm not going to -- everyone is going to have their say before they leave, trust me. So my concern is if this is still on the market, we don't know what the principal structure is and we don't have a property owner that can at least say I've hired this very reputable contractor to build this dock for this boat and the safety I need to get in and off this boat -- that's a criteria -- and I don't need this amount of decking, can you get two boat lifts at max for a single-family home. I do have kayaks and I want to enjoy this type of -- I mean, that's important. It's important to the neighbors, it's important to me to make a decision. And what I'm -- I feel like I'm putting in a situation where I'm part of the speculative real estate process, I really do. MR. BELLOWS: For the record, Ray Bellows. I believe the conditions of approval are adequate for the purpose of the County to enforce the rules and the intent. Page 17 of 30 Packet Pg. 258 3.C.j August 26, 2021 However, I do believe that the intent seems to be that because there was no current owner, no occupant on the property, that the approved dock facility helps to sell the property and we should probably get the owner to talk about it. MR. NELSON: May I? THE HEARING EXAMINER: Oh, yeah, absolutely. I want to whatever you want to say whatever you want to say. MR. NELSON: Well, basically I just have a question and it goes back to kind of what Ray just said. It seems that the failsafes are in place for the building permit to avoid the situation that we keep discussing, so I'm just asking why is that not enough. THE HEARING EXAMINER: Here's why, I'll tell you exactly why, because you're here. And the reason you're here is because you're not entitled to -- not you, when I say you, I'm talking about the property owner, whoever that is, or is going to be -- you're not entitled to a variance, you're not. It's based on hardships and other criteria. And so you're entitled to what you have under the code and so asking for a variance is essentially asking for a deviation from what everybody else has to live with, okay? And the reason you're asking for a deviation is because, hey, guess what, I have a unique property that requires me to have a dock because it's too shallow or I'm in this situation or that situation, or I have plans on buying this type of boat. Whoever of the owner of this property is, I mean, you don't know that, and so that's why. I mean, everyone here has to understand, variances are deviation of the policy that the legislators of this county have adopted as proper land development codes and 20 feet out is what is given to every single-family home to build a dock, but there are in certain situations special circumstances for why you need an extension; that's why you're here in front of me in the first place because, you know -- and I'm very open and reasonable about those things, but I just feel as though, as I said before, I need competent, substantial evidence to help me justify my decisions so that these decisions are airtight, they're fair. And it's not going to be based on -- I know some jurisdictions do this, if you have -- if you have letters of no objection from either side, oh, fine, we'll just approve it. Well, that's not why you're here. I'm just obeying the code. So I do -- I'm really frustrated here because I -- I'm not trying to put this on you at all. I mean, you're here, you're hired by the landowner to do this. It would have been helpful if the landowner were here and had an interest in getting this passed and could provide me with information. MR. NELSON: That is why he hired us. I'm sorry I couldn't express all of his, you know -- what he's planning on doing here, but, you know, it is going to be very similar to the next case, which, yes, he did sell to a new owner and they continued with the same dock design we're already trying to get a variance for and it's basically, if I'm not mistaken, going to be almost an identical situation. THE HEARING EXAMINER: Well, we'll see about that. I'm not going to rule on that, but, again, if I owned property and I'm trying to get a dock variance, I would be here or I would be on the phone. That's even easier, even if they're in Australia they could call in and clarify -- MR. NELSON: Well, they're, on our recommendation, not here because we've basically never run into this exact situation. THE HEARING EXAMINER: Well, okay, Terrell, is that the name of the other company, has never done that ever, to me, to me. MR. NELSON: They've never done -- THE HEARING EXAMINER: They have never requested this type of a scenario to me. Maybe to my predecessor, but as far as I recall, there's never been a situation where we don't have a principal -- well, there was one, but it was a very odd situation where it was just boat dock row or something like that, but, I mean, this is why I'm asking these questions, I mean, because it's -- it's principal -structure driven. And frankly whoever owns this property, I guess you gave them the advice that -- I mean, do you want to move on to the next item and see if you can get Page 18 of 30 Packet Pg. 259 3.C.j August 26, 2021 him on the phone, but -- I'm just saying, I'm frustrated here and, you know, if -- I mean, I may -- I could do a couple of things here. I could say we're going to continue until I find out more about this or I could say no construction whatsoever -- THE COURT REPORTER: Excuse me, excuse me -- thank you. I'm sorry, go ahead. THE HEARING EXAMINER: Okay. Was it the background talking or -- THE COURT REPORTER: Yeah, yeah, I was hearing Mr. Bellows and not the Hearing Examiner. THE HEARING EXAMINER: Put a dollar -- he's going to put a dollar in the foul jar. THE COURT REPORTER: Okay. Good, I need some new shoes. THE HEARING EXAMINER: Okay, he'll send the money. THE COURT REPORTER: "I could say we're going to continue until I find out more about this or I could say -- and that's where I left off. THE HEARING EXAMINER: Or I could say do nothing on this dock until I hear from -- until the County has this principal structure in place. I mean, Ray, correct me if I'm wrong, I've never seen this situation, me. The prior Hearing Examiner may have, but I'm not in this building. I'm not an employee of the County. Everyone needs to understand that. I've been retained by the Board as a land use attorney whose been practicing for over 20 years and then a city planner for over 10 years before that. I'm very familiar with land development codes and all of this and I'm very much concerned that the -- that the proceed -- that the situations I'm going to be in, in the future are going to be just like this where I'm actually helping a speculator to improve their property with what is something that is a deviation of the code. And it's almost a gift and it has to be evaluated perfectly and you can't -- you know, you have rights to build a dock and that's part of the selling of the property. And you can say, by the way you could go to the Hearing Examiner and ask for a boat dock extension, but they're going to want to see all this other stuff. So I kind of feel like I'm being put into a part of a sales job for this property. MR. BELLOWS: Yes. And I was just inquiring of the possibility if we could move this item last on the agenda, give the consultant time to contact the property owner and see if they can participate by Zoom and maybe we can get some answers. THE HEARING EXAMINER: Sure. We can do that. So we're going to continue this item to the end of the agenda and maybe we can get some answers from the property owner. Ray, has this ever -- I mean, this seems like the first time I've had to deal with this. MR. BELLOWS: This is the first time a situation like this came to you. We've typically in the past when something similar to this happens, it's usually with a contract purchaser and we know who's going to buy the property and sometimes the sale is subject to getting these permits approved. It's more unusual to have no contract purchaser inhouse actively being sold. THE HEARING EXAMINER: Would you agree with me that a variance is really -- I mean, I don't know if people think that maybe variances are just a given, but they're not. In my mind, they're not. I have to follow -- you know, as a planner, what is your opinion about a variance? Mr. BELLOWS: Yes, for the record, Ray Bellows. The boat dock extension process has specific criteria and it's really pertaining to a dock and a boat situation where we know what the boat is and designing a dock facility around the boat. Now we don't even have an owner who is actively -- who is actively marketing the property for sale to another individual who may or may not need the dock, but it appears that the intent is to build a dock concurrently with the dwelling. We have conditions in there to help ensure that the use of the dock cannot occur until principal structuring is C.O.'d, but it does seem like a generic type of a dock approval that could need to be modified once they sell to another property owner who that is a different boat need. THE HEARING EXAMINER: So, sir, could you be asking for a dock that doesn't require you to come here? MR. NELSON: In this situation, it would be very limited because like Ray said, boat Page 19 of 30 Packet Pg. 260 3.C.j August 26, 2021 dock extensions are unique from most variances. And another way that is, is most of these are due to a hardship and not necessarily just wanting more, wanting to go out further, so that's why the specific criteria is set up. And if you checked that area, which I believe we have an aerial that shows neighboring docks, this is a typical design for this area. Almost every dock on that shoreline has a shore normal perpendicular to the seawall orientation. And, again, this is just typical for the area. It helps speed up the process. Even if I'm sure he is speculatively going to develop this property -- and I will admit normally by this point inspect process we're dealing with a homeowner. This is not the case for this one, but I'm still dealing with the current owner. And, again, the dock is typical for the area, two boat lifts is typical for the area and there really isn't much here that isn't what we normally do for any other dock. THE HEARING EXAMINER: All right, so you have an 80-foot wide lot and then as of right you can go out 20 feet from the seawall; is that correct, Ray? MR. BELLOWS: Yes. THE HEARING EXAMINER: So you're telling me you can't build a reasonable dock within 20 feet? MR. NELSON: Yes, because the neighboring docks protrude -- THE HEARING EXAMINER: No, no, neighboring docks -- MR. NELSON: The neighboring docks affect the approach to the property especially when it's less of a distance out. THE HEARING EXAMINER: Okay. Well, the neighboring, I mean, it could be parallel to the seawall? MR. NELSON: Which means you would have to bring the boat in somewhat parallel. THE HEARING EXAMINER: Well, you're trained to do that. I'm just -- this is really more of a rhetorical. I mean, I'm looking at the aerial and the other docks are quite far away -- MR. NELSON: There's depth issues within the 20 feet, you know, so, yeah, this is all laid out in the criteria, but -- THE HEARING EXAMINER: I'm guessing that the dock on the right-hand side is more than 100 feet away and the dock on both sides actually are well over, you know, at least 100 feet away, so all I'm saying is that everyone in this area has the same requirement under Land Development Code as of right, okay? MR. NELSON: If I pulled up the zoning map, you could see almost every property has a boat dock extension there. THE HEARING EXAMINER: Okay. So under the law of variances, I'm required to review everything on the merits of that. It's not based on precedent or, you know, if someone were to come around to me said, well, you approved this, this and this, I would say so what, I don't care. MR. NELSON: That's not what I'm saying. THE HEARING EXAMINER: Okay. MR. NELSON: Basically what I'm trying to explain is there is a hardship there, and this is related to it -- THE HEARING EXAMINER: But those folks, as far as I would assume, were owners of the property, may or may not have -- probably had a house already on the property and said I'm getting this boat or I plan on getting this boat and I need this amount of decking to get on and off the boat safely and that's usually how it happens. I've never seen this situation where I'm being put in a position of enhancing somebody's real estate; that's what I'm being asked to do through a variance process and I just feel super uncomfortable with this. So actually what I'm going to do is I'm just going to continue this to next month and then you tell the rest of your clients that don't bring these things to me again without a principal structure. I'll issue a decision if you want, but I'll -- MR. NELSON: What decision, the decision of the continuance or a decision of the condition that you just read? Page 20 of 30 Packet Pg. 261 3.C.j August 26, 2021 THE HEARING EXAMINER: I'm going to tell you to come back in a month -- MR. NELSON: But I'm saying is that the appeal or is it for the condition you just -- THE HEARING EXAMINER: You're welcome to appeal that decision, but I'm verbally telling you -- MR. NELSON: Because many times, like I said, when we start this process with the developer, with the home builder, they usually already have a buyer and then we work directly with the buyer on the design of their dock and we get this going with you guys in the process in the time it takes them to close on the house, finalize their decisions with the house, and then usually we're able to time it out so at the end of their construction or towards the end of the house construction we can begin on the dock. THE HEARING EXAMINER: Have you ever been in front of me before? MR. NELSON: This is my first time in front of you. THE HEARING EXAMINER: Right. And so what I'm telling you is that as a lawyer, okay, as a lawyer, I'm a lawyer that has been working for over 22 years and I know the law on variances. And while this might be your company's standard practice, it's not legal. So I don't know who has done this for you in the past, but I'm telling you it's not legal and you're putting me in a place to draft a decision that's illegal. There are people that brought boat dock extensions to me almost on every agenda and I've never had this situation, so I'm either going to make a decision on the information you gave me or you could choose to come back in a month and address this issue of the principal structure. But keep in mind if what I'm hearing, what I'm surmising is that this particular company has bought up several lots and is developing them which part of this process is putting neighbors on notice about something that's going to happen here, okay? These aerial photographs may be accurate or not, may be Ray's or not, but it's not giving - - it's not giving the property owners, the real residents that are going to live there adequate notice of a deviation from the land development codes that every other property owner has to live by asking for something special. I'm just talking to you as a lawyer. I'm a lawyer here, I know these things, and I'm telling you, I'm regulated by the Florida Bar, I have a license, and if you sense in my voice, I'm extremely uncomfortable with this. MR. NELSON: The continuation is fine. THE HEARING EXAMINER: Okay. And thank you. Next month, Ray, John, I don't want to see any more of these. I don't want to be put in -- I'm not the real estate partner here, okay? I'm not going to give away variances just to enhance vacant property unless we have somebody that has said I'm putting -- I've already got my plans started, you guys can verify it, we've got some timelines, and I can have some certainty that my decisions are logical and legal. MR. BELLOWS: For the record, Ray Bellows. We'll look into the code to see if we can regulate the application -- the property owner who's actively marketing the property to somebody else or we can just require a contract purchaser to be part of the application. THE HEARING EXAMINER: All right. So I would consult with your lawyer, the County's attorney. I would feel more comfortable like that. Like I said, I am the person buying this property and I intend to build this principal structure. I'm about to -- I have my architect here and I'm about to file those plans and I have hired this expert marine contractor. And I have seen your company around, so I know you guys are reputable and good and the product you put in the water is excellent, I've seen that. You're not a fly-by-night company, I get that, so don't get me wrong, but I would feel much more comfortable if that contract purchaser comes in and says, hey, this is what I plan on doing. I do want to have an added fisherman. I want I need this type of boat and this is why I'm asking for the deviation from the Land Development Code. Page 21 of 30 Packet Pg. 262 3.C.j August 26, 2021 I feel much more comfortable in that scenario rather than seeing vacant parcel with a realtor sign on it and nobody really knows what's going to happen to it, so -- do you understand what I'm saying? I mean, am I just talking to myself here? MR. BELLOWS: Yeah. For the record again, Ray Bellows. This is similar to a situation a few years ago where the Applicant who owned the property sold the property in the middle of the review process, didn't notify Staff that they had sold the property, so we had a new property owner that only was revealed to Staff during the HEX meeting and that item was continued in order for Staff to evaluate the new ownership. THE HEARING EXAMINER: Yeah, that's not fair. You guys are working hard, I don't want to put you in that position, I don't want to be in that position. I think the process ought to be here's the principal structure or the intended principal structure, we're in that process -- I mean, that's sort of being gracious any way, you know, versus, like, having a principal structure there and giving the neighbors an opportunity to know, like, what's going to happen with a dock that's going beyond what the Land Development Code requires. And that's the uniform Land Development Code that everyone has to abide by unless they come here and give notice to everyone and they're aware of it. You know, I don't -- it's just fundamentally important to me. I'm not -- I know -- I know that it's important to also have some customer service here at the County and try to solve problems and to get things moving, but as an attorney and as the hearing examiner, I have codes that I have to follow and this is just not feeling right to me, so let's continue it to next month. MR. KELLY: Understood. The next project that is going to add to the complexities that Staff needs to make such a determination, I'll just note that if they're ready to move on to your item 3E. THE HEARING EXAMINER: Yeah, let's go ahead to 3E. MR. KELLY: Okay. This property at the time the application came forward for the same plat, same property owner as your prior case. However, it has since sold and the new owner has taken over the application, so this is proceeding under the name of the property owner, Steven B. Dyson trust who I believe Mr. Dyson will be the occupant. So this is boat dock extension PL20200001106 at 271 Third Street West. The Applicant is requesting a 41.8-foot boat dock extension that extends 21.8 feet from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow the construction of a boat docking facility with two boat lifts and the establishment of a boathouse with a 1.3-foot roof overhang that protrudes 43.1 feet into a waterway that is plus or minus 906 feet wide for the benefit of the named property. Notice and hearing requirements for boat dock extension are contained within Section 10.03.06(h) of the LDC that the required property owner notification letter and newspaper ad were run by the County on or about August 6th, 2021. The public hearing sign was posted by me on August loth, 2021. 1 will note I just checked the system, there is a -- this is two lots that have been combined for development and that development is for a single-family residence. A single-family residence was constructed utilizing building permit PRBD 20190627892 for which I just checked the County's permitting system, it has been finaled, so we should not have the same issue that we just had. So based on the above -- let's see, the boat dock extension was reviewed by the criteria contained within Section 5.03.06(h) of the Land Development Code and was found to satisfy five of five of the primary criteria and five of six of the secondary criteria with the manatee protection plan not being applicable. The boathouse review criteria are contained within Section 5.03.06(f) of the Land Development Code, one through seven. And the boathouse satisfied all seven criteria. It's Staffs recommendation that based on these findings that you approve this petition to allow for the construction of the proposed dock facility as depicted within exhibit Attachment A. THE HEARING EXAMINER: Okay. So this one is different. I mean, I'm seeing on -- Page 22 of 30 Packet Pg. 263 3.C.k September 9. 2021 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER NAPLES, FLORIDA SEPTEMBER 9, 2021 LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive, Room 609/610, Naples, Florida, with the following people present: HEARING EXAMINER ANDREW DICKMAN ALSO PRESENT: Andrew Youngblood, Operations Analyst Zoning Division John Kelly, Principal Planner Raymond V. Bellows, Zoning manager Page 1 of 17 Packet Pg. 264 3.C.k September 9. 2021 into the microphone, but then when you're not speaking, you can put your mask on if you wouldn't mind. You're not required to, it's appreciated, but we will be wiping down the areas to try to keep everything as sanitary and safe as possible. Andrew, did I miss anything, the rules, regulations, weather report, anything else? MR. YOUNGBLOOD: No, sir, I think we're ready roll. THE HEARING EXAMINER: All right, we're ready to roll. Let's take the number A -- number A -- 3A, review the agenda. Here we go, yes. I knew I was going to that was going to happen. Review the agenda. MR. BELLOWS: For the record, Ray Bellows. I do want to note that the item 3A, this item was published in error and it was already heard by the Hearing Examiner. The one that should have been referenced is now 3C, which is BDE-PL20200001107, and that's the one on the agenda for today. THE HEARING EXAMINER: So the one on the agenda for today is going to be A or C? MR. BELLOWS: It's C. THE HEARING EXAMINER: It's going to be C, so A is going to be continued because it's -- MR. BELLOWS: It was issued in error. It's already been heard. m THE HEARING EXAMINER: It's already been heard, okay. Fantastic. Okay, c let's go to item 3B then, right? MR. BELLOWS: Yes. c THE HEARING EXAMINER: All right, 3B. o MR. KELLY: Morning, Mr. Dickman. THE HEARING c EXAMINER: Hey. a MR. KELLY: Before you is agenda item 3B. It's PDI-PL20210000379, the Baumgarten PUD Founder's Square, Tract H2 PDI. 04 The petitioner requests that you approve an insubstantial amendment to the N Baumgarten mixed use planned unit development ordinance number 1911 as amended, Exhibit B, Section 1, the mixed used development standards, by decreasing the required Q- minimum yard setback from the eastern project boundary from 50 feet to 25 feet, y removing the applicable provision that any building exceeding 50 feet in height shall increase the setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary and limiting the maximum height of principal structures within 50 feet of the eastern project boundary to 35 feet zoned height and 45 feet actual height. IE This petition was reviewed based upon the criteria contained within LDC Section �a a 10.02.13(e) 1 and 2. Notice requirements are contained within LDC Section 10.03.06(h) N and included a neighborhood information meeting. A duly -advertised neighborhood rn information meeting was conducted by the Applicant on June 29th, 2021 at 5:30 p.m. e The property owner notification letter and newspaper ad were satisfied by the County on CD e or about August 6th, 2021. And the public hearing sign or signs were posted by the w Applicant on August 4, 2021 with a new date for this hearing as this was continued from = a previous meeting as there was a sign posting issue. Z Staff recommends that you approve petition PDI-PL20210000379 as proposed within Attachment A which is the insubstantial change document. And that concludes E Staffs presentation. U THE HEARING EXAMINER: Thank you for that. The Applicant's here or the Q Applicant representative THE COURT REPORTER: I'm sorry, who is that speaker's name? MR. KELLY: John Kelly, senior planner for the record. E THE COURT REPORTER: Thank you. MR. SCOTT: Good morning. Thank you, Page 3 of 17 Packet Pg. 265 3.C.k September 9.2021 conversations with staff. In regards to being incompatible to adjacent land uses, I would just like to J reemphasize that the proposed setback and building heights are consistent with what the Collier County adopted land development codes would have for a commercial use 0 adjacent to a residential use, so in that regard, it is not creating incompatibilities. e And then just also note that there are no architectural deviations that were m referenced by one of the public commenters. N THE HEARING EXAMINER: Okay. Well, this is part of the process. You v know, the public gets notice, you have the NIM and you have the public hearing. I'm N glad people are at least showing up to express their opinions on it; that's what this is all about and then you get to address them, the parties address them, the County addresses them, you address them, I address them, so that's the beauty of a public hearing. L Okay, thank you very much. This matter is over. I'll render a decision as quickly as I possibly can. Thanks for being here. Thank you everyone for being here to speak. M All right what else do we want to do today? Anything else? LO N MR. BELLOWS: Yes. We're going to hear 3C, which is the application for the w boat dock from Johnson Engineering. They're going to request a continuance. m THE HEARING EXAMINER: All right, the docks. Another boat dock matter. 0 MR. KELLY: Okay, this is going to be item 3C on the revised agenda for BDE PL20200001107. The Applicant's here to request a continuance to an indefinite date and o are aware that they will need to re -advertise the item. N THE HEARING EXAMINER: Okay. So at this time, just speak to the N continuance, no substantive matters at all. Let's just talk about the continuance, you're J requesting a continuance to an indefinite time, right? a MR. NELSON: Yes, sir. My name is Bill Nelson with Greg Orick Marine and r- we are just requesting a continuance to an indefinite time. N THE HEARING EXAMINER: Okay. You will need to re -advertise the public is listing to this, so you will have the opportunity to be noticed of this and attend either in Q- person or otherwise, so County has no objection to this? y MR. KELLY: No objection. THE HEARING EXAMINER: Okay, I see no objections, I have no objections, whatever you need the continuance for, I'm presuming that's to perfect your application -C; even more, so thank you very much for being here. MR. NELSON: All right. Thank you. a THE HEARING EXAMINER: Have a great day. So the continuance is granted. c MR. NELSON: Thank you. ci THE HEARING EXAMINER: You're welcome. Everybody is polite. You guys rn CD learn. Did you put your dollar in the foul jar? What else do we have? Anything else C on the agenda you want to talk about? w MR. BELLOWS: Nothing else here. _ THE HEARING EXAMINER: Nothing, new business, anything? Nope? Nope? I like the pointer. I'm going to leave it here. I'm known for picking things up and CD putting them in my pocket, but that was really nice. Thank you. Appreciate it. E UNIDENTIFIED SPEAKER: (Inaudible). U THE HEARING EXAMINER: All right, with that we will adjourn the meeting. le Page 16 of 17 Packet Pg. 266 3.C.1 PRFH2O221257: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRFH2O22125727101 PERMIT TYPE: Building DATE ISSUED: May 04, 2023 BUILDING CODE IN EFFECT: FBC 7th Edition 2020 w/ 2022 sup2 JOB ADDRESS: 275 3rd ST W, Bonita Springs FOLIO #: JOB DESCRIPTION: CONSTRUCT 3 STORY SINGLE FAMILY HOME (2 SOTIRES OVER PARKING/STORAGE) demo: PRBD20210313695 I Metal Roofing 275 3rd ST W, Bonita Springs PRROW2023041443001 5 Bedrooms & 7 W.C. ThomsonWilliam 01/17/2023 3:41 PM OWNER INFORMATION: MATHEWS SR, RICHARD C PO BOX 892 ESTERO, FL 33929 AREA OF WORK (SOFT): 12439 SETBACKS: FRONT: 25' REAR: 25' LEFT: 7.5' RIGHT: 7.5' FLOOD ZONE: AE SEWER: Sewer WATER: Existing CONTRACTOR INFORMATION: CERTIFICATE #: KNAUF-KOENIG GROUP, LLC C30803 5640 TAYLOR ROAD C-3 NAPLES, FL 34109 (239)592-9900 Packet Pg. 267 3.C.1 INSPECTION JOB CARD To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb PRFH2O221257: FRONT: 25' REAR: INSPECTION 101 - Pile Caps 25' LEFT: 7.5' OUTCOME RIGHT: 7.5' SPECIAL: FLOOD FZAE ZONE: COMMENTS 102 - Grade Beam To include the Utility Footing Rebar (UFR) 103 - Floating Slab 104 - Tie Beam 106 - Columns 107 - Truss/Sheathing/Bucks 108 - Framing 109 - Insulation 111 - Dry-in/Flashing 115 - Building Final 118 - Lintel Beam 119 - Fill Cells 120 - Flood Vent Relief 121 - Elevated Structural Deck 124 - Steel In Stairs 125 - Elevator Pit 131- Tenant Sep/ Rated Drywall 5/8" Type X Garage Ceiling 134 - Roofing Final 135 - Shutters Final 136 - Impact Glass 151 - Shearwall/Nailing 152 - Shearwall/Water Barrier 153 - Shea rwalI/Stucco Lath 154 - Soffit Coverings In Please do NOT complete Soffit installation prior to inspection. Packet Pg. 268 3.C.1 PRFH2O221257: progress 200 - Plumbing Underground 201 - Plumbing Rough -in SHOWER PAN TEST REQUIRED AT ROUGH -IN 202 - Plumbing Stack 203 - Sewer Tap 204 - Plumbing Final 300 - A/C Rough 301 - A/C Final 501 - Electrical Rough 502 - Electrical Final 505 - Temporary Power Residential 508 - TV/Telephone Rough 509 - TV/Telephone Final 801 - Site Drainage Type I Stormwater Plan. DiazDidier 02/24/2023 3:20 PM Discharging into the Ocean. 802 - Landscaping 810 - Exotic Vegetation Removal 814 - Erosion/Silt The 814 - Erosion/Silt must be passed before any other inspection are scheduled. OPEN CONDITIONS ConditionDescription: NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up Informational to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overla may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), ar Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impact to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department?s Environmental Services at (239) 252-2400 for additional information. Informational Expired permit(s) have been identified with this address. An expired permit(s) may impact your ability to appl for a permit(s) at a future date and/or impact the sale of your property. PRCN20120101115 Inspection Hold Notice of Commencement: Upload to the condition on the portal. r y N 3.1 d L M L M 0 r N W a m r- O T T O 0 0 N O N J a N ti 0 co N LO N LO N_ N N O N 2 LL a E L m a Packet Pg. 269 3.C.1 PRFH2O221257: Informational BDT ? Blower Door Test will be uploadable after the PASS of the 109 insulation inspection. Per Plans Envelope Leakage no greater than 5.50 ACH50 Informational Energy Calculation Summary Sheet will be uploadable after the PASS of the 109 insulation inspection. Informational FEMA - All equipment must be above flood plus one foot. Any materials used below flood level must comply with FEMA regulations Informational A Survey is required and must verify that improvement(s) meet setbacks, easements, and elevation requirements per Chapter 62, Collier County Code of Laws and Ordinances. Throughout the duration of the permit, please review the survey conditions for when to upload the survey. CO Hold Soil Compaction Test. Upload to the condition on the portal. CO Hold Any required County impact fees will be due prior to issuance of a temporary or final Certificate of Occupant, CO Hold Provide weld procedure specifications & welder operator performance qualification records per FBC-B 2204.' & 2204.2. Upload to the condition on the portal. CO Hold Engineering Certificate/Letter (Structural). Upload to the condition on the portal. Engineers Letter/Certificate of Compliance and Inspection Reports required for pilings. CO Hold until receipt c Engineers Report. CO Hold At the time of permit application, the permitted structure is in the special flood hazard area. An Under Construction Elevation Certificate is required within 10 days of passing a 103 or 133 inspection of slab or othe foundation system. Prior to obtaining County approval of the Under Construction Elevation Certificate, the permit holder?s construction activities are at his/her own risk. Under Construction Elevation Certificates mus verify the slab meets minimum elevations per the Florida Building Code and Chapter 62, Collier County Code Laws and Ordinances (e.g., BFE +1 or 18? above the crown of the road, whichever is higher, and the elevatioi established by the SFWMD permit). Flood zone AE 10 NAVD; Prop FIFE (living) 21.5 NAVD; Garages 7.5 NAVD; Foyer/storage 8.5 NAVD; COR=4.11 NAVD; Lower level to be vented by Smart vent Flood vents (200 SF/EA) per sheet A5; CO Hold > Elevation Certificate Flood zone AE 10 NAVD; Prop FIFE (living) 21.5 NAVD; Garages 7.5 NAVD; Foyer/storage 8.5 NAVD; COR=4.11 NAVD; Lower level to be vented by Smart vent Flood vents (200 SF/EA) per sheet A5; CO Hold Pursuant to the Floodplain Management Ordinance 2019-01 a Non -conversion Agreement shall be recorded the public records of Collier County, FL prior to issuance of the certificate of occupancy or certificate of completion for this permit. Once the Non -Conversion Agreement is recorded, upload to the condition on the portal. For questions, contact the Floodplain Management section at 239-252-2942 or email BuildingFloodDocs@colliercountyfl.gov. The form can be downloaded here: https://www.colliercountyfl.gov/home/showdocument?id=84981 Inspection Hold Sub Contractor (Electrical) Upload to the condition on portal. Inspection Hold Sub Contractor (Mechanical) Upload to the condition on portal. Inspection Hold Sub Contractor (Plumbing) Upload to the condition on portal. Inspection Hold Sub Contractor (Roofing) Upload to the condition on portal. NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS; in effect at all times. Work permitted, RESIDENTIAL Areas — 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDEN' Packet Pg. 270 3.C.1 PRFH2O221257: Areas (more than 500 feet from Residential Area) 6:OOAM to 8:OOPM Monday thru Saturday. No Work on Sundays or Holida RADIOS, LOUDSPEAKERS, ETC. — Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS — Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other appli utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REM AL OF ASBESTOS PRODUCTS OR THE DEM ITION OF A STRUCTURE, FEDE] AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICI THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR M E INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that ma; found in the public records of this county, and there may be additional permits required from other governmental entities suc water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COM NCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMEN TO YOUR PROPERTY. A NOTICE OF COM NCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTE TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COM NCEMENT. U e Packet Pg. 271 l BUILDING PERMIT APPLICAT� Y, 6 800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 �i0 7E;Y C014-11 tY permittingDept@collierCountyFL.gov Growth Management Department complete all fields. Please follow the Building Permit Application Instructions to complete this Application. Directions: Applicants must J X 1&2 Famil Dwellin ownhouse ®Res.3+Units/Multi-Family Commercial ®Mobile/Manufactured NomeGuest House 3 6.3. Buildingiype: V 4 56000080003 C.6. Subdivision Lot #: 468700 - LITTLE HICKORY SHORES UNIT 3 REPLAT d C.I. Parcei/Folio #: N � 275 3RD ST W C.7. Project dame: Mathews V C.2. Job Street Address: 468700 ' C.3.OwnerName: MATHEWS SR, RICHARD C C.8. SDP/PL#: N Ci of Everglades CA. Owner Phone: 239-592-9900 C.9. Jurisdiction:Collier Count Y ® � 4) C.5.Email: ashley@kkgbuild.com �-- D.I.Permittee Type: Contractor [3 De Professional Owner Builde 't3 D.3. License: CGC1512289 eh D.2. Contact Name: Ashley Hoover Ln ti DA. Company Name: KNAUF KOENIG GROUP LLC N D.5. Company Address: 5640 TAYLOR RD. #3 NAPLES FL 34109 D.9. Company Phone: 239-592-9900 Lu m D.6. Qualifier Name: MATT KNAUF D.10. Fax NIA #: ti r D.7.Email: ASHLEY@KKGBUILD.COM ■ Yes o 0 For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit. o - 5,000,000.00 OEM 0 N E.2. PermatType: Alum Structure Awnings % Building'k Carport/Shed CeIlTower : Demolitio Detached Garage Electrical Fence Fire a: J a Maine Mechanical Plumbing Pool Roof Shutters/Doors ndows Sales/Gent. Trailer L]SceenEnclosure E]Solar®Sign/Flagpole LJWaterFeature N E.3. Description of Work: The Description of work must convey an account of work identified on the construction plans. c ..N.ST.R.U_GT....3_..ST.Q.�Y.._SIAI.GLE..FAM.I.LY...H.(�.M.E-.(2_.S-TO.RIE.S O-VER,,,P ..RKIN.G/..S�:DRAG.E).--..._....-._-,,,_...._-_. N LO r See Insiructi c E.4.Occupancy Type: R-s E.5. Construction Type: 0 IA M IB 11 IIA E3 IIB 0 III A III B E3 IV C3 VA M VB See InstruLL cti _ E.6. Is Structure in a Hood Zone: [3No 19 Unknown El Yes, additional form required. See Instructs W a E.7. Is Structure Fire Sprinkled: [3 No E] Yes E 8 Type of Water Supply ED Collier County E]Well E3City of Naples E3Ave Maria E3 City of Everglades 13Immokalee ®Oth E E.9. Type of Sewage Disposal: [3 Sewer 0 Septic a) E.10. Vegetation Removal: E3 Yes El No A Vegetation Removal Affidavit is required for any new structure of addition on all parcels larger than 1 acr l2 E.11. Private Provider: El No 19 Yes ® Plan Review & Inspections M Inspections Only E.12. Threshold Building: E) No 13 Yes a� E.13. Repairs from Disaster Event: E] No [3 Yes Name of Disaster Event: E E.14. Change of Occupancy: E] No E3 Yes E.15. Is this a Permit by Affidavit: E) No E3 Yes E.16. Subcontractors: Check All that Apply: 0 Electrical ❑X Plumbing X❑ Mechanical ❑X Roofing []Septic ❑ Electric from ho Q Total Number of Stories: 3 Floor (Story) work is Addt'I. Sq. Ft.: 226 Non-Living/Ext:'Sq: Ft.: 71.15 PLEASE DO NOT WRrrE BELOW, FOR -STAFF USE ONLY Living /Int. Sq. Ft.: 5324 PMR Date: 3# Bedrooms: 5 # Bathrooms: 7 Total Sq. Ft.: 12439 Days Review: Sets of Plans: Page 214 PAGE 2 1.2020 Packet Pg. 272 C_ o 7eY C;01 .Ylt Y Growth Management Department 3.C.1 BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 PermittingDept@colliercountyfl.gov Secton I. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY OWNER OR AGENT OF OWNER J U) ric ions e to is property that may 0 onal rest beOfolund®n the publicAL records ofthis®oustynand there may be additional peaddition to the requirements of hmitspermit, requi required from other gotviemmental tenties such als thehWater Management 0 O District, State agencies, or Federal agencies. a WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the O landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or r business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professiona V advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or belov N ss, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler system: ground, within any right of way or easement reserved for acced landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose mus be obtained from the Growth Management Department. d d NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be clearec Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the followin zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Specia Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the properh in State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for addition< r.- information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is nc W a clearing permit. a WORK IN THE SPECIAL FLOOD HAZARD AREA. Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures locate 00 in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. o CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE OWNER OR AGENT OF OWNER, certi o that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulatir cD construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement c o construction. The approved permit and/or permit application expires if work is not commenced within 180 days from the date of issuance. I, THE OWNER OI N AGENT OF OWNER understand that only licensed contractors may be employed and that the structure cannot be used or occupied until a certificate of occupant N is issued. By signing this permit applications, I, THE OWNER OR AGENT OF OWNER, agree that I have retained the contractor identified on this application J provide contracting services for the trade for which he or she is listed. I understand it is the responsibility of the property owner to notify the Building Plan Review ar d Inspection Division should the contractor responsible for providing said contracting services no longer be willing to provide his or her services. I, THE OWNER O N AGENT OF OWNER, understand the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. Furthermot c I, THE OWNER OR AGENT OF OWNER understand the owner is responsible for all construction work on the property, co N ti Job Street Address: 275 3RD ST W MATT KNAUF N e of Ow r or Agent of Owner (An original signature is required) Print Name of owner or Agent of Owner in N_ N State of FL County COLLIER of N 0 The foregoing instrument was acknowledged before me by means of El physical presence or 0 online notarization this 19 day of = DEC 12022 by (p ) MATT KNAUF u- Anted name of owner or agent of owner w Such person(s) Notary Public must check applicable box: a nMUM= Q Are personally known to me O�yv'a&e., ASHLEY MARIE HOOVER ?° •� ��` Notary Public State of Floriea d E3 Has produced a current d ' r5 ' ens e ���a[ `•;ftrl9itlSsiclt3i HH 241756 ' 3t'•' El Has produced as identification. of ,: My Comm'. Expires Aar z, zoz3 Bonded through National Notary Assn. Notary Signature: . ..... ....... . -------- NOTICE OF COMMENCEMENT I O ATION Per Florida Statutes 713.135, a N tice f Commencement (NOC) is required for construction of improvements totaling more than $2,500 between an owner an a contractor related to improvem o real property consisting of single or multiple family dwellings up to and including four units. ForA/C repairs or replacements, a notice of commencement is required for improvements more than or equal to $15,000. The applicant shall file with the issuing authority prior t the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. I order to comply with the state requirement, permits will be placed in inspection hold'until•;p'rogf of the NOC is filed with the building permitting and inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF. COMMENCEMENT MAY RESULT IN YOUR PAYING TWI( FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER'OR AN ATTORNEY BEFORE RECORDING YOI. NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFOI THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. Page 314 Binding Permit Application 7.2022 Packet Pg. 273 C® r County Grovuth Management Department BUILDING PERMIT �APPLICATION 2800 North PermittingDept@colliercountyfl.gov Secton I. A Required Page for ALL Building Permit Applicatons V ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY THE QUALIFIER J rn NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that mad 3 be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Managemen O District, State agencies, or Federal agencies. a O WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the r landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal o business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professions; V advice. N WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or belo\ d ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler system: landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose mu: be obtained from the Growth Management Department.; to NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be clearer Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the followin th zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Specu Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the propert r-_ State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for additions N LU information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is nc a a clearing permit. 00 WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures locate in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. 0 0 CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE QUALIFIER, certify that I have not performe o any work or installation prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in th N CD jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The perm N application or approved permit expires if work is not commenced within 180 days from the date of issuance. I, THE QUALIFIER understand that the structure canns d be used or occupied until a certificate of occupancy is issued. By signing this permit application, I, THE QUALIFIER, agree that I have been retained by the proper , owner to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Plan Review and Inspection Divisio N should I no longer be THE QUALIFIER responsible for providing said contracting services. I, THE QUALIFIER, agree that I understand the review and issuing of th c permit does not exempt me from complying with all County Codes and Ordinances. N Job Street Ad ress: 275 3RD ST W r r MATT KNAUF 'Si6 of Quay r (An original signature is required) Print Name of Qualifier L0 N_ N State of FL County of COLLIER c The foregoing instrument was acknowledged before me by means of 13 physical presence or online notarization this 19 day of = DEC 22 MATT KNAUF L� , 20 , by (printed name of qualifier) F1 Such person(s) Notary Public must check applicable box:k.:... , ft r ` ' _ Are personally known tome .,kA PN"", ASHLEY Notary Public- I HOOVER t of Florida'V Has produced a current drivers license ®o`.` otr is iorF t HH tat 766 IL My Comm. Ex ® Has produced s identification. Bonded through Nats o ai rotarApr 2, Z yAssn, Notary Signature: y NOTICE OF COMMENCEMENT INS RMATION Per Florida Statutes 713.135, a Noti f Commencement (NOC) is required for construction of improvements totaling more than $2,500 between an owner an a contractor related to improvements to real property consisting of single or multiple family dwellings up to and including four units. For A/C repairs or replacements, a notice of commencement is required for improvements more than or equal to $15,000. The applicant shall file with the issuing authority prior tc the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWIG FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOU NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE.RECORDED AND POSTED ON THE JOB SITE BEFOR THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. Building Permit Application 7.2022 P1,1111 4/4 Packet Pg. 274 I m U c ' CO c co V O LL i U Cf) C co N 'm O anr- m c5li L epuo!�'s6uudS el!uog 1aoA8 P-091 SLZ w Q m 3ON3aIS321 SM3HiVIN CIF 3z5 aQ z z 3 � Z Jd= a J Jzd aogo oclWaa Aga U P z W --z. 4w�az wJ 0 w zwzo 0 4sw wPw Z '^ o o o Z O o 0 M. 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H. Z` aao 0 �3 m� m� 3.C.m From: KellyJohn Sent: Friday, July 7, 2023 4:57 PM To: KellyJohn Subject: BDE-PL20200001107 - 275 3rd St W - Sign Posting Attachments: I, John Kelly, hereby affirm that a Public Notice sign was posted to the front of the subject property, immediately adjacent to the public right-of-way, at approximately 2:50 PM this date, to advertise the upcoming hearing of said project on July 27, 2023, as evidenced by the attached photographs. Respectfully, John Yeffy Planner III Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.aov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Collier Count y Growth Management Community Development Department Zoning Division size=2 width="100%" align=center> Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 279 3.C.m PUBLIC HEARING FOR 275 3'a Street West — -- BOAT DOCK E=XTENSION - To Allow a 40.3-foot Protrusion Petition No. PI_20200001107 — HEX: July 27, 2023, at 9 a.m. N� Management Building - _- Growth Manag r 2800 North Horseshoe Drive, 609/610, _ John Kelly, Planner III: (239) 252-5719 - Ar 000 In Packet Pg. 280 3.D 07/27/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.13 Doc ID: 25882 Item Summary: Petition No. NUA-PL20220003854 - Northtide Naples RV Resort on North Road - Request a non -conforming use alteration pursuant to LDC Section 9.03.033 to allow the continuation of non -conforming landscape buffers and non -conforming setbacks of recreational vehicle (RV) pads and Park models for property located within a Travel Trailer -Recreational Vehicle Campground (TTRVC) Zoning District. The subject property is 16.3 acres located at the Northtide Naples RV Resort on North Road, in Section 2, Township 50 South, Range 25 East, Collier County, Florida.. [Coordinator: Timothy Finn, Planner III] Commission District 4 Meeting Date: 07/27/2023 Prepared by: Title: — Zoning Name: Tim Finn 07/03/2023 8:33 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 07/03/2023 8:33 AM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Completed 07/03/2023 1:56 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 07/10/2023 2:08 PM Zoning Ray Bellows Review Item Completed 07/10/2023 2:24 PM Zoning Zoning Hearing Examiner James Sabo Review Item Mike Bosi Review Item Andrew Dickman Meeting Pending Skipped 07/17/2023 4:14 PM Completed 07/18/2023 7:38 AM 07/27/2023 9:00 AM Packet Pg. 281 3.D.a Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION — ZONING SERVICES SECTION DATE: JULY 27, 2023 SUBJECT: NUA-PL20220003854; NORTHTIDE NAPLES RV RESORT Owner: James Williams, Vice -President CPI Rock Creek Owner, LLC 1001 Pennsylvania Ave, NW Suite 200 Washington, DC 20004 Agent: Jeff Wright, Esq. Henderson, Franklin, Starnes & Holt, P.A. 8889 Pelican Bay Blvd., Suite 400 Naples, FL 34108 REQUESTED ACTION: Agent: Adam Pitts, P.E. Kimley-Horn & Associates 189 S. Orange Ave., Suite 1000 Orlando, FL 32801 The petitioner requests the Collier County Hearing Examiner approve a Non -conforming Use Alteration (NUA) pursuant to LDC Section 9.03.03.13 to allow the continuation of non -conforming landscape buffers and non -conforming setbacks of recreational vehicle (RV) pads and park models for property located within a Travel Trailer -Recreational Vehicle Campground (TTRVC) Zoning District. GEOGRAPHIC LOCATION: The subject property is 16.3 acres located at the Northtide Naples RV Resort on North Road, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. (See location map on page 2). NUA-PL20220003854; Northtide Naples RV Resort June 21. 2023 Page 1 of 6 Packet Pg. 282 § � w AN sm eeN amwVoN-tS OCOOOZZOZ d:ze8 Z Pow N AN sm ddN OWNPON -;odaN #qS ]uem i4,m; q ..._ ....�_ .�,... ; � $ §e & | _ & 2 e - � . 00 / \ ■ }' ) �' �. ■ u z ■ x— UJI 2 j 0 q m 2 § ■ _ � 9 » mS @ � � ¥ _ . a \ > �| ;-- f f \ � ` � �� � � � a .@ Q _ ± § � � 2 � &[�g,mw • i a. y © \ . \ } 0 \ DR ` ƒ � � HU m� . n � W ) . R ° ] [ �. Q o 3 2 2 0 CL j\ y . � \ � -Ir LO co co CD CD � � � CD � � n % -0 E _ � � m � 2 C14 a \ a Nu7L2Gkm#&;Nortlh. Naples RV Resort June 21.k2 3.D.a PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests an NUA pursuant to LDC Section 9.03.03.13 to allow the continuation of non -conforming landscape buffers and non -conforming setbacks of recreational vehicle (RV) pads and Park models for property located within a Travel Trailer -Recreational Vehicle Campground (TTRVC) Zoning District. SURROUNDING LAND USE & ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property: North: North Road (local road), then developed as Naples Municipal Airport with a current zoning designation of Airport Commercial (C4) District in the City of Naples East: Airport Road (six -lane arterial) then developed commercial, with a current zoning designation of General Commercial (C-4) District South: Developed with an assisted living facility, with a current zoning designation of Meridian Village MPUD, and is approved for community facilities and residential then to the west is developed single and multi -family residential, with a current zoning designation of Residential Multi -Family (RMF-6) District West: Developed single-family residential, with a current zoning designation of Rural Agricultural (A) District Source: Kimley Horn & Associates NUA-PL20220003854; Northtide Naples RV Resort June 21. 2023 Page 3 of 6 Packet Pg. 284 3.D.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located within the Urban Residential Subdistrict of the County's Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual NUA requests but deals with the larger issue of actual use. As previously noted, the petitioner requests an NUA pursuant to LDC Section 9.03.03.13 to allow the continuation of non -conforming landscape buffers and non -conforming setbacks of recreational vehicle (RV) pads and Park models for property located within a Travel Trailer -Recreational Vehicle Campground (TTRVC) Zoning District. The subject use is consistent with the FLUM of the GMP. The requested NUA does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: At a July 22, 2021, site development planning (SDP) pre -application meeting the agent was advised by staff to submit an NUA application as the agent was seeking a plan of record for the continuation of non -conforming landscape buffers and non -conforming setbacks of recreational vehicle (RV) pads and Park models. (See Attachment A - Northtide Naples RV Resort — Site Plan — dated 05-17-2023) On May 25, 2022, the agent submitted documents for this NUA petition. Additional density, further setback encroachments, and additional landscaping are not being requested. Through subsequent staff reviews, no building permits establishing legal setbacks were found in County files and only one site development plan could be found. Staff was able to find the following documents pertaining to this property: Ordinance 95-73 which approved rezoning from A to TTRVC for Rock Creek Campground - Phase 3 (See Attachment B) Resolution 95-690 which approved a variance from the perimeter setback requirement of 50 feet to 25 feet for Rock Creek Campground - Phase 3 (See Attachment C) SDP96-0009 which approved Rock Creek Campground — Phase 3 (See Attachment D) In further historical research of the property, staff reviewed historical zoning aerial books as to when each phase of the RV park was established. Through this aerial research, staff ascertained that the RV park was constructed in three phases with Phase 1 being constructed in the 1960s, Phase 2 being constructed in the early 1980s, and Phase 3 being constructed in 1996 and 1997. In December 1995, both companion rezoning (Ordinance 95-73) and variance (Resolution 95-690) petitions were approved. The following month SDP 96-0009 was approved conceptualizing both these companion petitions. It's important to note that Resolution 95-690 approved a 25-foot setback along North Rd for Phase 3. Moreover, the setback from public streets established for the RV park via the 1982 TTRVC zoning development standards for Phase 2 was 25 feet. In essence, both the 1982 TTRVC zoning development standards and the approval of Resolution 95-690 established the 25-foot setback along North Rd for the RV park. Currently, many of the RV pads and Park models extend into this 25-foot setback along North Rd. Due to the lack of building permit records, Staff was unable to determine how the RV units were placed into the setbacks. Furthermore, in discussions between the County Attorney's Office (CAO) and Transportation staff, there were concerns about a possible future expansion of North Rd which would require additional right-of-way along the Northtide Naples RV Resort northern boundary. As illustrated in the Northtide Naples RV Resort — Site Plan a list of all the nonconforming setbacks fronting NUA-PL20220003854; Northtide Naples RV Resort Page 4 of 6 June 21. 2023 Packet Pg. 285 3.D.a North Rd is illustrated. (See Attachment A - Northtide Naples RV Resort — Unit Mix Table North Road Setback Table — Sheet C1.2) After discussion between the CAO and the agent, it was decided that a condition of approval be added to this NUA as per the following from the CAO: The RVpads and Park models on the rental RV and Park model lots adjacent to North Road Right - of -Way are allowed to remain as shown on the Conceptual Plan within the required 25 foot setback on the condition that Applicant waives business and severance damages as to those lots adjacent to the North Road Right -of -Way that have pads and models within the 25 foot setback in the event that the County or City of Naples needs additional right-of-way for Rock Road. There is insufficient evidence presented that the RV pads and model homes met the setback at the time they were installed. The decision to grant an NUA is based on the criteria in LDC Section 9.03.03.B.5.a through f. (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located. This request will allow for the continuation of non -conforming landscape buffers and non- conforming setbacks of recreational vehicle (RV) pads and Park models. Such continuations will not further encroach upon the non -conforming public street setbacks along North Rd and no additional units will be added; therefore, the density on the parcel will not increase. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use. The building height in the TTRVC District is 30 feet; no departure from the height is being requested or recommended for approval, thus the building height requirements will not be exceeded. C. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback. Condition# 1 in the Recommendation section of this staff report is provided to limit any alteration, expansion, and replacement and not to encroach upon any nonconforming setback. d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure. A reduction in parking requirements has neither been sought nor has any action regarding this issue been addressed as part of this petition. NUA-PL20220003854; Northtide Naples RV Resort June 21. 2023 Page 5 of 6 Packet Pg. 286 3.D.a e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and This petition is unlikely to damage the character or quality of the TTRVC district in which it is located. f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. The subject nonconforming setbacks will not present a threat to the health, safety, or welfare of the Northtide Naples RV Resort community. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM is not required for a Nonconforming Use Alteration. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on June 19, 2023. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition NUA- PL20220003854 subject to the following conditions: 1. The Northtide Naples RV Resort Non -conforming Use Alteration shall be limited to that which is depicted on the site plan "Northtide Naples RV Resort — Site Plan — dated 05-17- 2023," prepared by Kimley Horn. 2. The RV pads and Park models on the rental RV and Park model lots adjacent to North Road Right -of -Way are allowed to remain as shown on the Conceptual Plan within the required 25-foot setback on the condition that Applicant waives business and severance damages as to those lots adjacent to the North Road Right -of -Way that have pads and models within the 25-foot setback in the event that the County or City of Naples needs additional right-of-way for Rock Road. There is insufficient evidence presented that the RV pads and model homes met the setback at the time they were installed. Attachments: A. Site Plan - Northtide Naples RV Resort — Site Plan — dated 05-17-2023," prepared by Kimley Horn. B. Ordinance 95-73 C. Resolution 95-690 D. SDP96-0009 E. Application and Support Material F. Hearing Advertising Signs NUA-PL20220003854; Northtide Naples RV Resort June 21. 2023 Page 6 of 6 Packet Pg. 287 _ � w 11 -1.1 & _�,. ,V - ,_« ujO k<k8 �| | )!/ )( (a.,_, m m: !_ \~` §$) 1.2 d, Nd ggS z 8311103 1 OS]J a� S]]dvN ]G1H1�ON )R , )D - / .w -VS 8 0 0 Z Z d:Z 8 Z £- V9P 7pumdems ¥nNsaleNOP INVON-¥IUemLj3B n¥: ems mjV o §!| () _.� )§ \ ®w (w ��_� � ^ \�N •���� ae — sN0ISKM 'oN �OHZJNI1' 31tlI0055tl ONtl��aN3lNINNbLNO'® L uaoH<<<Aajwi� uiE, „ e . l'. � - 5 9� i ? datl as NMONs stl „x <<i eaZoZ loo.641 10—d— NV DlIS Voluolj Aj Nnoo 8311100 I2JOSMJ n2i SDId`dN DGUH12iON = � aav Wu/so zs ,M 93<tl2simw vnry ry £Z/9l/ZO ZZ/5Z/01 031tl0 SlN3Nrv00 tlnN md'�3tl M IMF m0 we 3-.iilx*-Jrl I 0 00 N 6 a m u m a ae — $NOISN3a °N °BZ J9N6I9d'Saoo� N"N" 1tl055tl L uaoH�((/�alw�� N $�O"S l•. � datl as �8b1 JOb813S3 OVMA H12iON 3-lSVi XIW llNfl Voluolj Aj Nnoo 8311103 l�Jos3nb S3�d`dN 3411H12iON j= (V day Wu/. zsMM amtla simwrvoa anandd ''nwd3atl� vtlnnNN ry £Z/9l/ZO ZZ/5Z/01 031tl0 stl oo as>oZ 10 —d tl"N 0 M V98£OOOZZOZld ZOOSZ) e ww �m =a W J m Q x Z CZ-LV9 pa}ep ULId ems vnN saldeN ap!I4:PoN - `d IuawL13BII y :IUGLUL BPV � a aaaa a u# z d yr rc _ v 9 8 8 0 8 8 v 8 B 8 8 8 8 8 8 8 > > > s > > > > s > > s > > > s > > > > > > > > > > > > > > > > � a aaaa a a a a a a a aaa a a a c � z° z --i rn dH rc _ >>>>>>>>>>>>>>o o>o>o$>>>o oio>$o o>>>>>>>>o>>> � a a a s a a s aaaa aaa a ca - - - - - b N K F > > > > > > > > f > > E > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > u* z 3�'H m - a - rc 1 > > > U Y Y x x Y Y a a s aaa a a a a a a u� �dH ^c u A mom m""° mom rc - - - - - - - - - - - - - - - - - - - - - - - - PC aa¢ao a m a s zam n n z 'm rc rcm ado Cn a o 0 zy a S n-va -- n N 0 rn N 6 a m u m a a 3.D.c �1-373303[\ ORDINANCE NO. 95- 73 AN ORDINANCE AMENDING ORDINANCE NUMBER N REFS'" C 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE o, °l8°'' o COMPREHENSIVE ZONING REGULATIONS FOR THE\^,, UNINCORPORATED AREA OF COLLIER COUNTY,_l`� FLORIDA, BY AMENDING THE OFFICIAL ZONING c� ATLAS MAP NUMBER 05025 BY CHANGING THE ;• T ZONING CLASSIFICATION OF THE HEREIN — DESCRIBED PROPERTY FROM "A" TO r- "TTRVC", LOCATED ADJACENT TO THE ROCK N TT CREEK CAMPGROUND ON NORTH ROAD rD IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 L n EAST, COLLIER COUNTY, FLORIDA; PROVIDING tr FOR STAFF AND PLANNING COMMISSION '^ t- STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dr. Nano Spagna of Florida Urban Institute, Inc., representing James P. Nebus, Trustee and Ivy Jean Nebus, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The Zoning Classification of the real property as more particularly described as follows: The East 238 feet of Lots 21 and 22, lying north of Rock Creek of that certain subdivision in Section 2, Township 50 South, Range 25 East, known as Naples Grove and Truck Company Little Farms, No. 2, per map or plat thereof recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida, a 25 foot right-of-way known as Earl Street as described in Resolution 95-458. is changed from "A" to "TTRVC" and the Official Zoning Atlas Map Number 05025, as described in Ordinance 91-102, the Collier County Land Development Code, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: 1. No new access points with North Street are to be established to serve the land which is the subject of this action. 2. Notwithstanding this approval, development of the subject property remains subject to all applicable provisions of the Collier County Land Development Code. CM Packet Pg. 291 3.D.c This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissiione/rs of Collier County, Florida, this day of 1995. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FL40RIDA BY: YE J HEWS, CHAIRMAN ATTEST i , <, DWIGHT ' E �. BROCK, ERK ' APPROVED. AS�yTOO FORM AND LEGAL SUFFICIENCY pl�t MARJO&IE H. STUDENT ASSISTANT COUNTY ATTORNEY R-95-7 REZONE ORDINANCEJ15576 This C,41MOl.te'fl'ed 'with flij -•- y cf 5�,1ote's/rO-ffic• the a' � 'I �w .-6•n�1!11f Af thQt ijt .tCftiYCC� If1If QA�-L day of Sy � -2- Packet Pg. 292 3.D.c m c, m ` w rT1 Ln CC. m C= STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy oft ORDINANCE NO. 95-73 Which was adopted by the Board of County Commissioners on the 12th day of December, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of December, 1995. DWIGHT E. BROCK �+ , Clerk of Courts and Clerk••'•"" Ex -of ficio to Board of , County Commissioners. •. i i. '•�i% 1-01 By: /s/Maure n er�Qtz, Deputy Cle;k, Packet Pg. 293 RESOLUTION NO. 95- 690 RELATING TO PETITION NUMBER V-95-21, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 25-foot variance to the perimeter setback requirement of 50 feet to 25 feet for property located in TTRVC zones and as hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given.opportunity.to_.be_._ heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-95-21 filed by Dr. Neno J. Spagna, representing James P. Nebus, Trustee and Ivy Jean Nebus, Trustee, with respect to the property hereinafter described as: The East 238 feet of Lots 21 and 22, lying north of Rock Creek of that certain subdivision in Section 2, Township 50 South, Range 25 East, known as NAPLES GROVE AND TRUCK COMPANY LITTLE FARMS, #2, per map or plat thereof recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. A 25 foot right-of-way known as Earl Street as described in Resolution 95-458. .L-J /1 4 be and the same hereby is approved for a 25-foot variance to the perimeter and North Road setback of 50 feet to 25 feet, of the TTRVC zoning district wherein said property is located, subject to the following conditions: 1. An earthen berm shall be established along the north boundary (i.e. North Road) of the expanded R.V. Park area. The berm shall be contoured to achieve a height of four (4) feet. On top of the berm a vegetation screen with at least eighty percent (8o%) opacity at the time of planting for an additional height of four (4) feet shall be established. This requirement shall be included in the landscaped plans to be submitted for site development plan approval and shall be subject to approval of the Planning Services Director. 2. Within the twenty-five (25) foot West boundary setback, existing vegetation shall be supplemented if necessary to achieve an opacity rating of eighty (8o%) percent at the time building permits are issued for R.V. sites adjacent to said West boundary. BE IT RESOLVED that this Resolution relating to Petition Number V-95-21 be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing I'.esolution and moved for its adoption, socondad by Commiaaionar Hancock and upon roll call the vote was: AYES: Commissioner Constantine, Commissioner Hancock, NAYS: Commissioner Mac'Kie, and Commissioner Matthews ABSENT AND NOT VOTING: ABSTENTION: Done this 12th day of December , 1995. ATTEST: Commissioner Norr DWIGHT E. BROC;C CLERK BOARD OF 0NING APPEAL COLLIER C UNTY, ,BETTYE J. TTHEWS, CHAIRMAN PROVED AS To FORM AND LEGAL SUFFICIENCY: MARJO,(IE M. STUDENT ASSISTANT COUNTY ATTORNEY VARIANCE RESOLUTION/15584 Section 10 3.D.e Insubstantial Changes **.No Ch as of -the dote listed below Project No: Application No: OLD SDP NO: SDP Approval Date: Township:, 5�"S Range: A,; E Section: eP, ��roiect Name: or 6 Packet Pg. 296 I La Nfl Fv �L. -am-Non gg pp s HIM Elm T > 90 ei �.BERLY Bov�-D -It C-1 1z r1w o (vnN }iosaa AN seldeN OPPLIPoN V99C000ZZOZId Z889Z) 6000-96 das a iuewyoe»y :juawy3euv W 0 o tt 00.0. hu E I u.•_ Ii o n � \ a•oy _"v - tiip araOFTF e \ c a q9 jo Lq�b a ww —1w AQ, :t 9 V ri to N C _ __. �^r Iedp 9 _...Q-_...... ... .....__..- ` `\ I ,Z b IbIA z xc ZZ-A /F J07 :PO � J M �~ -h.NJ I• M _ _ s� 0 9 .l.t'N9 -qH.L i I ��� n/ss.Jr c�✓ f _r .a 7vlV✓ s o 0. a w Na a, MHz I a (` nN idosaa All saldeN aPINVON - V99£000ZZOZId Z99SZ) 6000-96 dOS - U;uaulyaeuy :ivaulyaeuy O O CL w {t u N •� co N U w o 4�i a •No E O B O O V) 3 + B q C v at U W � G co Xdy�p 1 K r U A u 0 co O m • e ''i` �y" ~ ,:, !t' i 4./ tl7 6i 'O E D .0 G) 1 V �'I► , { c + . 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"�' t" i•a� •,4 4 3 � � •y �j `,: • � � `� Wo COlHeT C;014 tty Growth Management Department 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAH: (239) 252-6358 NON -CONFORMING USE ALTERATION (NUA) PETITION LDC section 9.03.00 PROJECT NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): GPI ROCK CREEK OWNER, LLC Name of Applicant if different than owner: J IApMA E+S WILLIAMS Address: 1001 PENNSYLVANIA AVr. NW SUITE 200 City: Yy AS H I f V GTO I pf� State: DC Telephone: E-Mail Address: Cell: Name of Agent: Adam Pitts, P.E. Firm: KIMLEY-HORN & ASSOCIATES Fax: ZIP: 20004. Address: 189 S. ORANGE AVE., SUITE 1000 City: ORLANDO State: FL zip: 32801 Telephone: 407-768-3238 Cell: E-Mail Address: ADAM.PITTS rx KIMLEY-HORN.COM PROPERTY INFORMATION Fax: Property I.D. Number: 50990040007 Section/Township/Range: 2 / J/ 25E Subdivision: Unit: Lot: Black: Metes & Bounds Description: SEE BELOW # of Acres: 16.34 Address of Subject Property: 3100 NORTH RD, NAPLES FL METES & BOUNDS DESCRIPTION: C W HUDDLESTONS LOTS 5 THRU 15 AND VACATED CREEK AVENUE, VACATED RESOLUTION NO 94-470, AND WESTERLY 35ET OF LOT 15, AND OR 665 PG 1935 AND OR 5810 PG 3164 4/9/2019 Page 1 of 3 Packet Pg. 300 cov�r C;014 ty Growth Management Depar mrd 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-5358 ZONING INFORMATION Current Zoning and Land use of Subject Parcel: TTRVC acent Information: Zoning N C4 S RMI=-6 E MPUDIC-4 W A Land Use Naples Municipal Airport Single Family Residential Homes Wooded land, followed by an assisted living facility Single Family Residential Homes EVALUATION CRITERIA Pursuant to LDC section 9.03.03.13, staff's analysis and recommendation to the Office of the Hearing Examiner shall be based upon consideration of the applicable criteria noted below. On a separate sheet attached to the application, provide a narrative statement describing the !Nonconforming Use Alteration with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. 1. The alteration, expansion, or replacement will no increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located; 2. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; 3. The alteration, expansion, a replacement will not further encroach upon any nonconforming setback; 4. The alteration, expansion, or replacement will not will not decrease or further decrease the existing parking areas for the structure; 5. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and 6. The alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. 4/9/2019 Page 2 of 3 Packet Pg. 301 Cofer county Growth Management Department 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist far: Non -Conforming Use Alteration The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application 1 ® ❑ Pre -Application meeting notes/minutes for Rock Creek RV 1 ❑ ❑ Aerial Photograph Resort PL.#2021 -f 458 1 ❑ ❑ Corrmpleted Addressing Checklist 1 ® ❑ Affidavit of Authorization, signed and notarized 1 ® ❑ Site Plan drawn to scale 1 ❑ ❑ Narrative statement covering the nature of petition 1 ® ❑ Proof of ownership or interest in property, deed or contract to purchase 1 ❑ ❑ Electronic Copies of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies requited. FEE REQUIREMENTS: X Non -conforming Use Alteration Petition: $1,500.00 IJ 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, ail required submittal materials, and the permit fee shall be submitted to: Growth Management Department / Planning &Zoning ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant/Age Signature . i AAtim Printed ame r 's W f. 4/9/2019 Page 3 of 3 Packet Pg. 302 COT &T County 3.D.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE ❑RIVE. GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: Date and Time:—r;+c.t `11Zz&-,bZf 9cU-1C9,DA J Assigned Planner: Engineering Manager (for PPL's and FP's): Project Information Project Name: ZQCk- G�-Cf_,K X " 1, / Cc I PL #: Property ID #: (-a 000U Current Zoning: Project Address: City: State: zip: Applicant: Agent Name: Phone: Agent/Firm Address: City: state: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: ii. Proposed # of Residential Units: 2 1 iii. Proposed Commercial square Footage: _►in�S iv. For Amendments, indicate the original petition number: z 04', 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#: Should the applicant desire to schedule a Post Review Project Meeting to help facilitate resolution of any outstanding issues, please schedule through the assigned Planner. ( rv) 4- re Packet Pg. 303 GOT&T COxnty 3.D.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE ❑RIVE. GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pursuant to F5 125.022 should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4" submittal will be denied/recommended for denial. Meeting Notes I , QS [� 5� Q� Coca r6 f0 r U . cc 41-4 Packet Pg. 304 COAT writ y 3.D.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierigov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 .z L.D+- w - 'Zqc ' [+ — &o 0 s /10 rA— �r i So � +tea K 4 r��-��r.-, �,. { ��P - --4 SI- ��- V P el- i z r L 0 NN� N/ I.L N d Q m z L 0 z Ln 00 M O O O N N O N J a N 00 00 Ln N �L C� C 0 Q Q v/ Y V .Q Q El W a Packet Pg. 305 3.D.f Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.cpiliergov.net (239) 252-2400 Meeting Notes Stormwater: R oC k Creek TZ V PL20210001474SIP • Site is in approximately AE 7. The flood zone is approximate and needs to be verified by the engineer. ' Label Existing; FFE. . Part of ERP 82-00192-S Rock Creek Campground ' Provide ERP Modification prior to the pre -construction meeting • Provide land use summary table and water management summary table on the plans. • Provide stormwater engineering report including narrative of existing and proposed stormwater conditions. ' If adding imperious area, provide water quality calculations for additional impervious area or documentation that the existing stormwater system can accept additional runoff. Include storm sewer pipe sizing calculations (include rim and invert elevations), as applicable. ' Include paving and drainage details. ` Include engineering stormwater checklist. Include opinion of cost for site work. Plans must be in NAVD datum. ' Refer to the 2021-2022 FDOT Index numbers. Include Engineer's certification stating that the receiving system has been inspected and is operating as originally designed, either #36 on the engineering checklist or a separate letter from the engineer. ' Include the following notes: 1. The approval of these construction plans does not authorize construction of required improvements which are inconsistent with easement of record. 2. Provide a note stating which entity is responsible for maintenance of stormwater management facilities on the plans. 3. Provide a note stating which entity is responsible for the maintenance of infrastructure on the site, i.e. open space. paved areas, etc. Packet Pg. 306 3.D.f Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.tolliergov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Landscape: Show limits of SDP (all three phases) and label existing perimeter buffers- 1 O'Type D buffer along the North. 15' Type D along the East. Type B along other perimeters. Provide VGA calculations and show this landscaping for any new or existing parking areas. See LDC 4.06.03 for VUA landscape requirements. Show foundation planting and calculations for the clubhouse per LDC 4.06.05 C. Minimum 75% native trees. 50% native shrubs. If site has irrigation, add a note that existing irrigation will be retrofitted t❑ provide 100% coverage. Include the general tree requirement calculation 1 tree13000 s.f. of pervious area. Buffer. VLIA and foundation trees can count toward this requirement Show visibility triangles. 10'x10' at vehicle access points. No light poles in islands. Minimum 12.5' between lights and trees. Lawns By King (Mike & Jenna King) have reached out to the County regarding tree removals in all 3 phases. Coordinate with them and include locations of trees to be removed s❑ these are shown on the plans submitted for this application to avoid the need for multiple applications. Their email is lawnsbyking@gmail.com The landscape architect they have been coordinating with is Kristin Jeannin with Metis Design. Her email address is kristin@metislandscapes.com. Packet Pg. 307 3.D.f PL20210001458 - Rock Creek RV Resort (SIP) Environmental Review Submit a current aerial photograph and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay or vegetation inventory identifying upland, wetland, and exotic vegetation. (LDC 10.02.03.B. Ld) 2. Provide the following exotic vegetation removal note on site plan: "All prohibited exotic vegetation shall be removed from the site and it shall be maintained free of exotics in perpetuity." (LDC 3.05.08) Provide a clearing plan (and the applicable fee) and identify total acreage to be cleared on site plan (LDC 10.02.03.B. i .i.xii). 4. Provide notes on plan indicating methods of barricading to be used to protect vegetation to remain and specify that "protective barriers will be installed at the perimeter of preserved vegetation at the commencement of any site improvements AND will remain in place until completion of construction." Provide details of the barrier type proposed, stating that it "will be highly visible with brightly colored all-weather mesh material or equivalent, and that the stakes shall be no more than 10' apart." (LDC 3.05.04) 5. Wetland line shall be approved by SFWMD and delineated on the site plan. (LDC 3.05.07.F) 'cif applicable 6. Wetland permit(s) or exemptions have been issued and/or wetland buffers are being complied with. (LDC 10.02.03.B.I j) *if applicable Environmental Review checklist — SDP page I Packet Pg. 308 3.D.f C�CrCA)1414ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiergov.net (239) 252-2400 » TIS: • Transportation review does not require a TIS (Traffic Impact Statement) for transportation concurrency (adequacy of roadway capacity) and for trip banking {reservation of road capacity}. ■ Overall number of RV pads remains unchanged » NORTH ROAD - CITY OF NAPLES PUBLIC ROADWAY ROW: • Plan set will be shared with City of Naples, Alison Bickett. 239-213-5014, for turn lane length evaluation and any public roadway ROW work. TIS Fees: No fees. Packet Pg. 309 3.D.f Rock Creek R.V Site Preliminary site plan review comments 07/22/21 NFPA 1-18 Fire department access and water supply. Access roadways and parking lots. 1. 1-18.2.3.4.1.1 Fire dept. access roads shall have an unobstructed width of not less than 20ft. (fire access are roadways, parking lots. Provide dimensions on plans). 2. Parking lot turning radius are required to 25 ft. inside and 49ft outside. (Provide radius on plans). 3. Two entrances to site required. Emergency vehicle access controls required on gates. Fire hydrants. 1. 1-18.5 (AHJ) Fire hydrants will be required with hydrant spacing every 300 ft. for both the access roads and thru out the complex. First hydrant to be placed at the entrance to site. (fire trucks will not drive pass a burning building to reach the first fire hydrant). 2. Fire hydrants shall be within 12 ft, of the fire dept. Access. Fire lanes. 1. 1-18.2.3.5.3 Fire lanes required, shall be marked with signs that are readily visible to the street with the wording "NO PARKING FIRE LANE BY ORDER OF THE FIRE DEPARTMENT" such signs shall be 12in. by 18in. with a white background and red letters and shall be a maximum of seven feet in height from the roadway to the bottom of the sign. Signs shall be within sight of the traffic flow and be a maximum of 60 ft. apart. (Curb markings yellow in color, Provide fire lane details on site plans). 2. Provide fire truck auto turn for site. Site plan Submittals 1. Provide fire and building code data on cover sheet (Building construction type, 5q. Ft., Fire sprinkler intent). 2. Provide fire flow requirements for building. 3. Flow test required from Greater Naples fire dept (within 6 months). Bridge /Entry 1-18.2.3.5.5.2 Bridges shall be designed for a live load to carry the imposed loads of fire apparatus Load is 42 tons. 1-18.2.3.5.5.2 Load limit Signage required on both side of bridge Packet Pg. 310 3.D.f Thankyou 76,n4 a i twelta Thomas Mastroberto. Sr. Fire Plans Reviewer I Fire Code Administrator 4Z;v -ler C 014-Hty Growth Management Department Building Plan Review & Inspection Division 2800 N. Horseshoe Drive Naples, FL 34104 239.252.7348 Fax 239.252.2334 Thomas,Mastroderta coiliercount fi.gov How are we doing? The Building Plan Review and Inspection Division wants to hear from you! Please take our online SURVEY. We appreciate yourfeed6ack! Packet Pg. 311 3.D.f 5.05.10 -Travel Trailer and Recreational Vehicle Park Design Standards A. The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park. 1. 200 square feet for each travel trailer and park model lot or campsite for the first 100 lots or spaces; 2. 150 square feet for each lot or designated space in excess of 100 lots or spaces; and 3. One-half (1h) of the water surface within the park may be credited toward the required recreation area, except that at least fifty (50) percent of the required recreation area shall be land area. B. All lots/spaces within a TTRVC park shall have direct access from an internal street. All internal streets within the district shall provide safe and convenient access to a public street. The right- of-way widths, paving widths, and other construction standards, including gradient and alignment of all internal streets and drainage shall be subject to the standards for development of supporting infrastructure as provided in the subdivision regulations, section 4.03,00. For the purpose of this subsection, internal streets shall refer to streets, including necessary right-of- way or easement, located within the confines of the project legal description and providing no access to other land parcels. C. Required facilities for campsites and TTRV lots. 1. Sanitary facilities, including flush toilets, and showers within 300 feet walking distance from every campsite lot and as approved by the Collier County health department, or in the event of a private on -site system connection to a county system subject to county ordinances. Lighting shall be provided in sanitary facilities at all times and the facilities shall be accessible to park residents at all times 2. Potable water supply as approved by the County Manager or designee pursuant to section 4.03.00. 3. A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by campsites, lots or other TTRVC lots or parking areas. 4. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available, and a telephone is available for public use. 5. One (1) parking space per campsite or TTRV lot. 6. Unless every travel trailer site has a sanitary waste outlet, a central pump -out station shall be provided. 7. TTRV vehicles including park model, travel trailers, may be permanently located on a lot, - however, no permanent residency is allowed. Where travel trailer/park model lots are being sold to individuals, the developer/owner of the lots shall include in the title transfer document a covenant attesting to the fact that the lot cannot be used as a place of Packet Pg. 312 3.D.f permanent occupancy. All TTRVC parks which commenced construction after the effecti date of this district shall comply with all requirements of this district except as further provided herein. No TTRVC park in existence on the effective date of this district shall be altered so as to provide a lesser degree of conformity with the provisions of this district than existed on the effective date of this district. Land already zoned TTRVC which does not meet Q the acreage requirements may be developed; however, the development shall conform with Z L all other regulations of this district. N 8, Every proprietor, manager, homeowners' association, or condominium association of a TTRV park shall maintain a register of tenants or occupants, noting the duration of the rental arrangement or length of occupancy for owner/occupied sites with respect to one or more travel trailers or park models. Said register shall be made available upon demand to the County Manager. In the event of owner/occupied lots within the TTRVC district, said owner is responsible for registering his or her arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as herein provided. Failure of park owner/manager to provide said register, duly describing the persons who have occupied a travel trailer or park model trailer, and the duration of their occupancy, shall be guilty of a misdemeanor and subject to the penalties provided by this Code. Any proprietor or manager who maintains a falsified register to allow persons to occupy a travel trailer or park model trailer on a permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. 9. Park model travel trailers, when positioned on a lot in this district, must be anchored in accordance with the standards set forth in the MH district and TTRVC district and other applicable regulations, and be connected to a public or private water and sewer system Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. (Ord. No. 19-23, § 3.KK) Packet Pg. 313 I Packet Pg. 314 1 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DESCRIPTION OF PROPOSED PROJECT OR AMENDMENT On a separate sheet attached to the application, provide a cover letter describing in detail the proposed project or 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 if applicable. ADJACENT ZONING & LAND USE Pre -Application Meeting and Submittal Requirement Checklist for: Site Development Plan (SDP) or Site Development Plan Amendment (SDPA) Chapter 4 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. See Chapter 4 of the Administrative Code for submittal requirements. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF REQUIRED NOT COPIES REQUIRED STANDARD REQUIREMENTS: Completed Application (download current form from the County website) 1 ❑ Cover Letter explaining the project 1 ❑ Completed Addressing Checklist 1 ❑ Pre -application meeting notes - 1 Site Development Plan (SDP o SDPAj signed & sealed) including cover sheet I ❑ PUD Monitoring Schedule 1 PUD monitoring report 1 PUD Ordinance and Development Commitment Information, as applicable 1 ❑ (digital only) FV Affidavit of Authorization & Evidence of Authority 1 ❑ Boundary and Topographic Survey (less than 6 months old) 6 Opinion of Title or property owner statement/Affidavit 1 Recorded Geed or contract for sale {non -recorded deeds or Property Appraiser print-outs will not be accepted} 1 ❑ Fee Calculation Worksheet & Review fees, signed 1 ❑ Copy of Site Development Plans (DWG or DFX format) on CDROM disc in State Plane NAD83 feet Florida Ease Coordinates ❑ 3/2/16 Packet Pg. 315 Cooler county 3.D.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ARCHITECTURAL OR NON -ARCHITECTURAL REVIEW; # OF NOT COPIES REQUIRED REQUIRED For projects subject to Architectural Review: Architectural plans must be 1/8" scale minimum (signed & sealed), including: Every Facade of each building must be shown on Architectural plans Building cross sections or typical wall sections +� Dumpster details: height, material and color Light pole details or cut sheet: height, material and color V Color paint chips and roof color paint chips or samples 6 ❑ J Floor plans and building elevations V One color rendering of proposed building This project qualifies for a separate "Alternative Architectural Design" submittal per 5.05.08.F. Additional fees ($500.00) and submittal application is required. For projects NOT subject to Architectural Review: For projects not requiring architectural review- Floor plans and elevations with dimensions. This information, showing floor area by use, is intended only to determine that the use is compatible with the zoning, establish 6 El parking requirements, and show building height measurements meeting Code. Full architectural or construction drawings are not needed. C. - Completed Certificate of Adequate Public Facilities Application, including the 2 ❑ application fee and estimated Transportation Impact Fee calculations. FIRE: Location of existing and proposed fire hydrants 2 Fire Flow tests from Fire Department (no more than 6 months old) 2 LJ Information in the Standard Building Code, type of construction, total square footage under roof, occupancy/use, fire sprinkler data (NFPA 1141), PLEASE INCLUDE THIS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF 2 THE SITE PLANS At: Environmental Data Requirements 1 u ❑ Conservation easement Including signed and sealed legal description and boundary survey for preserve— include protective language, sketch and 1 description in construction plans; contact review staff for current version Listed Species Survey; less than 12 months old. Include copies of previous 1 ❑ ❑ surveys Preserve Management Plan — provided on the site plan 1 3/2/16 Packet Pg. 316 CU117er CMnty 3.D.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 vvww collier og v.ner (239) 252-2400 FAX: (239) 252-5358 TRANSPORTATION: # OP NOT COPIES REQUIRED REQUIRED Transportation Impact Study or waiver {with applica a fees' 2 STORMWATER: Engineer's Report, signed & sealed, with assumptions and explanations, by a Florida registered professional engineer containing the following: Completed calculations used to design the facilities, including but not limited to all water, sewer, road, water management systems, and all accessory facilities, public or private; Drainage calculations including 10 year 1 day; 25 year 3 day; 100 year 3 day storm routings f Detailed hydraulic grade line pipe design calculations utilized to desig 1 the stormwater management facilities for the subdivision or development; A5 r Geo-technical report with soil boring results a sc Engineering Review Checklist, signed and sealed by the applicant's r professional Engineer; Engineer's Opinion of probable cost (Paving, grading, Drainage) f Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. mirm If within Collier County Public Utilities Service Area- Engineer's Report, signed & sealed, containing the following: Estimated cost of utilities construction, Water & Sewer calculations Sewer Hydraulics Lift station hydraulics to first downstream master station 1 ❑ El station buoyancy calculations f Chloramine Dissipation Report Detailed hydraulic design calculations utilized to design the water and sewer facilities regulated by the County. Water and/or Sewer availability letter 1 DEP utility installation permits (water/sewer) 1 Water Meter Sizing Form 1 uGHnNG: Lighting Plans, signed and sealed by a professional Engineer licensed to practice in the State of Florida or the utility provider 6L 4ANOSCAPE & IRRIGATION: Landscape & Irrigation Plans signed and sealed by a landscape architect registered in the State of Florida 6 3/2/16 Packet Pg. 317 Ceder C A MMty 3.D.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SCHOOL CONCURRENCY: # OF NOT COPIES REQUIRED REQUIRED Estimated School Impact Analysis Application -- residential projects only (download the School Impact Analysis Application from webs1e) School Concurrence - If the proposed project includes a residential 1 component, you are required to contact the School District of Collier County �T at 239-377-0267 to discuss school concurrency requirements. Electronic copies of all documents and plans in PDF Format and a CD of plans ❑ in CAD Format OTHER E&NR COUNTY PERMITS (IF REQUIRED TEIEY MUST BE SEPARATE APPLICATIONS) Right -of -Way permit application (County/FOOT) Blasting Permit (BLST) Early Work Authorization (EWA) Excavation Permit (EX) Vegetation Removal and Site Filling Permit (VRSFP) ❑ 'dMN► maES PEA(MAY BE REQLMWD): Permits All Federal, State and local permits, including but not limited to the following, shall be submitted prior to construction and before the pre - construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre - construction meeting. 1 ❑ ❑ ■ SFWMD Permit, Permit Modification, or waiver, including staff report exhibits; ■ DEP Utility installation permits, water/sewer; • Right -of -Way Permit; and • US Army Core of Engineers permit and exhibit, if applicable. 3/2/16 P Packet Pg. 318 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collier og v.net (239) 252-2400 FAX: (239) 252-6358 Fee Calculation Worksheet Site Development Plan SOP Review Fees Site Development Plan Amendment SDPA Review Fees ❑ Residential only: Base fee of 55,000.00, plus $100.0 Residential only: Base fee of $2,500.00, plus $100.00 per residential structure, and $40.00 per dwelling unit. per residential structure, and $40.00 per dwelling unit. umber of Buildings: Number of D/U: 11 ❑ Non-residential only: Base fee of $5,000.00, plus $200.00 per non-residential structure, and $0.10 per sq.ft. umber of Buildings: Total Square Footage: LJ When a building consists of both residential and non- residential (commercial, retail, office) uses, the Following fees will apply: ■ $5,000.00 Base fee for SDP • $200.00 per structure • $40.00 per residential dwelling unit umber of Buildings: Number of D/U: ❑ Non-residential only: Base fee of $2,500.00, plus $200.00 per non-residential structure, and $0.10 per sq.ft. umber of Buildings: Total Square Footage: When a building consists of both residential and non- Jdential (commercial, retail, office) uses, the lowing fees will apply: ■ $2,500.00 Base fee for SDPA ■ $200.00 per structure ■ $40.00 per residential dwelling unit 10 per square foot of non-residential floor area except $0.10 per square foot of non-residential floor area except fi for parking garage structures shall be calculated at parking garage structures shall be calculated at $0.05 pi $0.05 per gross square foot of floor area (sq.ft. gross square foot of floor area (sq.ft. x$0.10) (sq. x$0.10) (sq. ft. x$0.05)$ ft. x$0.05)$ Fire Review: $200.00 Fire Review: $150.00 3/2/15 Fj'= Packet Pg. 319 Czer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Uti ' Plan Review and Inspections: Construction Document Review: 0.75% of probable water and/or sewer construction costs Cost Estimate $ $ Construction Inspection: 2.25% of probable water and/or sewer construction costs (due prior to pre -con meeting) Cost Estimate $ $ En4neerine Site Plan Review: Construction Document Review: 0.75°% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction. Cost Estimate $ $ Construction Inspection: 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction (due prior to pre -con meeting) Cost Estimate $ $ Traffic Impact Study Review: ❑ Methodology Review: $500,00, to be paid directly to Transportation at the Methodology Meeting* *Additional Fees to be determined at Methodology Meeting $ ❑ Minor Study Review: $750.00 $ ❑ Major Study Review: $1,500.00 $ Utilities: ❑ Utility Modeling and Analysis fee: $1,000.00 (only applies if zoned PUD or DRI) $ Environmental: ❑ Site Clearing Permit: $250.00 for the first acre or fraction of an acre and $50.00 for each additional acre or fraction of an acre ($3,000.00 maximum) # of acres $ ❑ Listed or Protected Species Review, when an EIS is not required: $1,000.00 $ ❑ Conservation Easement Review: $300,00 application fee plus the following additional site fee: • $200.00 for CE acres less than 5 acres; ■ $400.00 for CE acres between 5 and 10 acres; 0 $600.00 for CE area greater than 10 acres and less than 20 acres; • $800.00 for CE areas between 20 and 50 acres; and im An additional $200,00 for every 40 acres of CE aver 50 acres. # of acres $ Other: ❑ COA Review: $200.00 plus $25.00 per residential dwelling unit, or $25.00 per 1,000 sq. ft. Commercial ($5,000.00 maximum). ❑ School Concurrency Review, if required: $ * Mitigation Fees, if applicable, to be determined by the School District in coordination with the County 312116 p Packet Pg. 320 Czer County 3.D.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2490 FAX: (239) 252-6358 ❑ Other Fee, if applicable: $ Fee Subtotal $ Pre -application fee credit, if applicable $ Total Fees Required: $ Applicant/Agent Signature pare All checks payable to: Board of County Commissioners The completed application, all required submittal materials and fees shall be submitted to: Growth Management Department/ Development Services ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 3/2/15 Packet Pg. 321 Cofer County 3.D.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL 1#: Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 David-Anthony(Ecolliercountvfl.izov ❑ Laurie Beard Transportation Pathways 252-5782 Laurie.Beard@colliercountyfl.gvv ❑ Marcus Berman County Surveyor 252-6885 Marcus.Berman@coiliercountyfl. ov ❑ Craig Brown Environmental Review 252-2548 Craijz.Brownl2colliercountvfLgov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 Heidi.Ashton@colliercountyfl.gov ❑ Tabatha Cole Environmental Review 252-2681 Tabatha.Cole@colliercount L&ov ❑ Sue Faulkner Comprehensive Planning 252-5715 Sue.Faulkner@colliercountyf .gov ❑ Jaime Cook Development Review Director 252-6290 Jaime.Cook@colliercountyfl.avv ❑ Storm Gewirtz Stormwater 252-2434 Storm. Gewirtz@colIiercountyfLgov ❑ Nancy Gundlach, A1CP, PLA zoning Services 252-2484 Nancy.Gundlach@colliercountyfl.gov ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 AIllicila.HmuaphriesLEDcolliercountyfl.gov Thomas Mastroberto Fire Safety 252-7348 Thomas. Mastroberty colliercount fl, ov Jack McKenna, P.E. Engineering Services 252-2911 Jack.Mckenna@colliercountyfl.goy ❑ Annis Moxam Addressing 252-5519 Annis.Moxam@colliercountyfl.gov ❑ Stefanie Nawrocki Planning and Zoning 252-2313 Stefanie.Nawrocki@colIiercountyfl.gov ❑ Joanna Nicholson Engineering Services 252-2538 Joanna. Nicholson@colliercountyfl.go_v Melissa Nute En ineering Review 252-2361 Melissa. Nute colliercoun fl, ov ❑ Brandi Pollard Utility Impact fees 252-6237 Brands.Pollard@colliercountvfl,gov David Roe Environmental Specialist 252-2915 David. R'oe@colliercountyfl.gov ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 Brett. Rosenblum colliercount fl. ov ❑ Edwin Sanchez Fire Review 252-7517 Edwin.Sanchez@collierc2untvfl.jgov ❑ Michael Sawyer Transportation Planning 252-2926 Michael-SawyerC&colliercountyfl,goy ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 Corby.Schmidt@colliercvuntyfl.gov Peter Shawinsky Architectural Review 252-8523 Peter.Shawinsky@colliercountyfl.jiov ❑ Linda Simmons North Naples Fire 252-2311 Llnda.SimMons @colfiercoun I. ov ❑ Mark Strain Hearing Examiner/CCPC 252-44" Mark.Strain(Eco)lierCDuntvfl.lzov Mark Templeton Landscape 252-2475 Mark.Templetonj2colliercount fl. ov Cecilia Varga Transportation Engineering 252-2613 Cecilia.Var a colliercount fl. ov ❑ Jon Walsh Building Review 252-2962 Jonathan.WalshPcolliercountvfl.gov ❑ Kirsten Wilkie Environmental Review 252-5518 Kirsten.Wilkie@coiliercountvfl.gov Christine Willoughby Planning and Zoning 252-5748 Christine.Willoughbv@colliercountvfl.gov Packet Pg. 322 C 6 County 3.D.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergoy.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 Daniel Zunzunegui North Naples Fire 1 252-23101 Daniel.Zunzuae i@�olhercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email . �.G C--n ► 1, Packet Pg. 323 W Col� lier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si,n�y Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) 0 OTHER Pre -Application Meeting LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See ALTA Survey, Pg 1 of the submittal for Pre-App Request S 2 / T 50 / R 25 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 50990040007,00386761351,00386760006,61832160005,61831760008,61831680007 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 3100 North Rd, Naples, FL LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way a SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rock Creek RV Resort - Improvements PROPOSED PROJECT NAME (if applicable) Rock Creek RV Resort - Improvements name not yet approved PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP 96 - 009 or AR or PL # Packet Pg. 325 3.D.f CoMer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: E Email ❑ Fax ❑ Personally picked up Applicant Name: Kimley-Horn & Associates, Inc (Adam Pitts, PE) Phone: 407-768-3238 Email/Fax: adam.pitts@kimley-horn,com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY 50990040007,00386761351, Folio Number Folio Number 00386760006, 61832160005, Folio Number. 61831760008, 61831680007 Folio Number Folio Number Folio Number Approved by: a f �+ Date: 06/22/2021 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Pg. 326 3.D.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUM BERS(S) Nonhtide Naples RV Resort (f.k a. Rock Creek RV Resort) 1, James Williams (print name), as Vice President (title, if applicable) of CPI Rock Creek owner, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0 applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorizeAlamPitts. P.E.,Klmley-Rom& Associates, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the core. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee': • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in i le.!ti Signature Date STATE OF FLORIDA- -- Washington, COUNTY OF COLLIER District of Columbia The foregoing {Q instrument was acknowleged before me by means of physical presence or online notarization this day of w t+1 j0 20 ')I, by (printed name of owner or qualifier) ;�wezj�4 r Such n(s) Notary Public must check applicable box: Are personally known to me E] Has produced a current drivers license Has produced as identification.M. R,)SENTHAL c Notary Signature: �....: NOTARY PU": G DSTR10T OF CULWb ,'81A E Expires Navember 30, 7.C21 t v CY108-COA-0011511 5 •vS (C REV 3/4/2020 0 CF Cps .•` Packet Pg. 327 3.D.f Kimley)))Horn Page 1 NON -CONFORMING USE ALTERATION NORTHTIDE NAPLES (F.K.A. ROCK CREEK) PETITION NARRATIVE a September 2022 z INTRODUCTION On behalf of our client, CPI Rock Creek Owner, LLC, this narrative and supporting documentation is provided for the Non -Conforming Use Alteration petition to document and allow the continuation of non -conformities at the existing 16.30 ac development, "Northtide Naples RV Resort (f.k.a. Rock Creek RV Resort)" (Parcels No. 50990040007, 00386760006, 00386760006, 61832160005, and 61831680007). This narrative is intended to meet the petition application requirement for a written narrative statement covering the nature of the petition. This petition seeks to document and allow the continuation of the non -conformities at the existing development previously approved by Collier County. The latest phase of the development (and only phase on file in the County's records) was permitted under "Rock Creek Campground Phase III" (SDP96-00009). The property is zoned Travel Trailer Recreational Vehicle Campground (TTRVC). It is important to note that the park has been operating in its current configuration for over 30 years and the park was constructed in compliance with all codes in effect at the time of approval. The current number of sites is the same number that was approved under SDP96-00009 and the client's intent is to continue operating the property as it has been for decades. Individual sites were not formally delineated in previous county -approved documents. STAFF DISCUSSION A pre -application meeting was held between County staff and the agent on July 22nd, 2021. Staff discussed their comments and stated that an SDPA to the existing SDP96-009 would be required in order to establish a plan of record for the entire park. This site plan would be required to be submitted in support of a Non -Conforming Use Alteration (NUA) petition. This petition includes a site plan that was created to serve this purpose. The plan shows a general layout of the property and reflects field survey data of existing site features and structures. This data was used to approximate each site boundary and develop a plan of record. Please see the attached site plan drawn to scale. Packet Pg. 328 Kimley>>>Horn PREVIOUSLY APPROVED The previously approved site development plan is shown below in Figure 1. Figure 1- Rock Creek Campground Phase III (SDP96-00009) uArr�s IRROR'r N 0 R T 1i IopE c-4 Ft A➢ -;r--- --_ ZQNr ■-7 z0W rn Vc _ {{ � _ _ZONE _TTRVC _- - • 'A ZONE A•-2 ZONE TTRVC 3.D.f Page 2 Cr pe, ZONE TTRVC ZONE RAZE-B I iN.U. -rrf: I)E VELOPMEN I' i']_t\ I'nf: ROCK CREEK CAMPGROUND — PHASE III NONCONFORMING USE Detailed below is the petition narrative statements in support of the Nonconforming Use Alteration, with specific reference to LDC section 9.03.03.13 criteria. 1. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located; The alteration will not add additional lots or increase the density. The number of existing sites illustrated on the site plan and petitioned in this narrative is 247. Packet Pg. 329 Kimley>>>Horn 3.D.f Page 3 2. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; The alteration will not exceed the building height requirements of the TTRVC district. 3. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; The alteration will allow the continuation of existing nonconforming setbacks but will not further encroach upon any nonconforming setback. 4. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure; The alteration will not decrease the existing parking areas at the property. 5. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; The alteration will not damage the quality of the neighborhood. The client intends to make improvements to the property and an NUA is a requirement for a future SDPa. 6. The alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents; No development is proposed as part of the alteration petition. The alteration will not increase the threat to the health, safety, or welfare of the community or its residents. Packet Pg. 330 Kimley>>>Horn LIST OF NONCONFORMITIES 3.D.f Page 4 Detailed on the following pages is a general summary of the nonconformities at the existing Northtide Naples RV Resort. The nonconformities are listed below and formatted per suggestion from Derek Perry, Assistant County Attorney, during informal telephone discussion on 2022/07/07. Informal direction from the County appeared to indicate a preference to document existing non -conformities at the property, but not to provide an exhaustive list of all nonconformities for each site. Rather, the county wants to see generally the worst offenders or "egregious" nonconformities, as well as the nonconformities for the sites but generally grouped in "buckets". The buckets are illustrated in the attached NUA Site Plan exhibit and average values were provided to help give additional context to the existing site nonconformities. Packet Pg. 331 3.D.f Kimley>>>Horn Bucket 1— Existing property and all sites, generally. Page 5 Existing Minimum Existing Average Code Section Nonconformity Code Value Value Value 2.05.01 Density Standards and RV Units per gross acre 12 Units/Acre - 15.3 Units/Acre Housing Types Minimum Lot Area for Entire TTRVC Park 20 Ac - 16.30 Ac Minimum Lot Area for an Individual Site 800 SF 607 SF 2093 SF Minimum Lot Width for Travel 40 ft 13.06 ft 31.98 ft Trailer/Park Model Minimum Distance Between 10 ft 4.36 ft 10.43 ft Buildings Minimum Front Yard Setback 10 ft 0.00 ft 16.35 ft 4.02.01 Minimum Side Yard Setback (Non - Dimensional Waterfront) 5 ft 0.00 ft 7.95 ft Standards Minimum Rear Yard Setback 8 ft 0.00 ft 9.30 ft (Non -Waterfront) Minimum Setback from an External Street/Setback from Exterior Boundary (Modified via 25 ft 0.00 ft 18.62 ft SDP 96-0009, Resolution #1995- 690, Condition 2) Minimum Setback from an 25 ft 0.00 ft 16.35 ft Internal Street Usable Open Space 60% - 37.2% Attached Porch Minimum Front 10 ft 0.00 ft 16.35 ft Setback (Non -Waterfront) 4.02.03 Specific Attached Porch Minimum Side 5 ft 0.00 ft 7.95 ft Standards Setback (Non -Waterfront) Attached Porch Minimum Rear 8 ft 0.00 ft 9.30 ft Setback (Non -Waterfront) 4.05.04 Parking 1 Space per 100 SF for Clubhouse 15 spaces Space - 5 spaces 1 Space per 75 SF of Water Area Requirements for Pool 17 spaces 0 ft (North) 4.06.06 Special Landscape Buffer Abutting Lands South 0 ft (South) Buffer 15 ft - 29 ft (East) Requirements Other Than TTRVC 0 ft (West) 5.05.10 Travel Recreational Area in Park (200 SF Trailer... Design per Lot for the first 100 Lots, 150 40,250 SF - 66,868 SF Standards SF per Lot in excess of 100 Lots) Packet Pg. 332 3.D.f Kimley>>>Horn Bucket 2 — Sites adjacent to Rock Creek (Sites 29-30, 43-44, 58-59, 62-68, 71-73, 81-95). Page 6 Code Section Nonconformity Code Value Existing Minimum Value Existing Average Value Side Yard Setback (Waterfront) 10 ft 0.00 ft 6.78 ft Rear Yard Setback (Waterfront) 10 ft 0.89 ft 10.96 ft Minimum Setback from an 4.02.01 Dimensional External Street/Setback from Standards Exterior Boundary (Modified via 25 ft 0.89 ft 10.96 ft SDP 96-0009, Resolution #1995- 690, Condition 2) Minimum Front Yard Setback 10 ft 0.00 ft 15.99 ft Minimum Setback from an Internal Street 25 ft 0.00 ft 15.99 ft 4.06.06 Special Buffer Requirements Landscape Buffer Abutting Lands Other Than TTRVC 15 ft 0.89 ft (South) 10.96 ft Bucket 3 — Sites abutting North Road (Sites 1-6, 96-97, 103-104, 112-113, 124-125, 136- 137, 150-168, 170-171, 195). Code Section Nonconformity Code Value Existing Minimum Value Existing Average Value Minimum Front Yard Setback 10 ft 3.08 ft 15.65 ft Minimum Side Yard Setback (Non -Waterfront) 5 ft 0.00 ft 8.13 ft Minimum Rear Yard Setback (Non -Waterfront) 8 ft 0.81 ft 12.10 ft 4.02.01 Dimensional Setback from Exterior Boundary Standards of Park (Modified via SDP 96 0009, Resolution #1995-690, 50 ft 0.00 ft 11.66 ft Condition 2) Minimum Setback from an External Street 25 ft 0.00 ft 20.58 ft Minimum Setback from an Internal Street 25 ft 3.08 ft 15.65 ft 4.06.06 Special Buffer Requirements Landscape Buffer Abutting Lands Other Than TTRVC 15 ft 0.81 ft (North) 12.10 ft Packet Pg. 333 3.D.f Kimley>>>Horn Site # Setback From North Road (FT) (25 FT Boundary Setback per SDP 96-0009, Resolution #1995-690, Condition 2) Setback From Airport -Pulling Road (FT) (25 FT Boundary Setback per SDP 96- 0009, Resolution #1995-690, Condition 2) 1 7.20 N/A 2 20.15 N/A 3 23.27 N/A 4 13.62 N/A 5 18.58 N/A 6 3.42 N/A 96 3.39 69.49 97 0 N/A 103 4.22 N/A 104 0 N/A 112 2.19 N/A 113 0 N/A 124 0 N/A 125 5.14 N/A 136 5.93 N/A 137 4.93 N/A 150 6.46 N/A 151 19.29 N/A 152 16.73 N/A 153 14.39 N/A 154 11.21 N/A 155 13.15 N/A 156 7.33 N/A 157 15.21 N/A 158 13.75 N/A 159 14.46 N/A 160 11.81 N/A 161 11.01 N/A 162 14.66 N/A 163 4.18 N/A 164 9.39 N/A 165 11.67 N/A 166 8.18 N/A 167 16.16 N/A 168 17.46 N/A 169 7.04 N/A 170 12.11 N/A Page 7 Iq LO 0 M O O 0 N N 0 N J IL N O w N �L d 0 a a Cn c 0 c 0 v Q 0. w Q Packet Pg. 334 3.D.f Kimley>>>Horn Bucket 4 — Sites adjacent to western property boundary (Sites 7-10, 22). Code Existing Minimum Existing Average Code Section Nonconformity Value Value Value Minimum Front Yard Setback loft 9.21 ft 15.44 ft Minimum Side Yard Setback 5 ft 5.23 ft 9.23 ft (Non -Waterfront) Minimum Rear Yard Setback 4.02.01 (Non -Waterfront) g ft 3.42 ft 13.49 ft Dimensional Minimum Setback from an Standards External Street/Setback from Exterior Boundary (Modified via 25 ft 3.42 ft 13.49 ft SDP 96-0009, Resolution #1995- 690, Condition 2) Minimum Setback from an 25 ft 9.21 ft 15.44 ft Internal Street 4.06.06 Special Landscape Buffer Abutting Buffer 15 ft 3.42 ft (West) 13.49 ft Lands Other Than TTRVC Requirements Packet Pg. 335 ■ ow 1� �. � �L► ���;� 1111 11 ._ \ I 71! 1 7111 -__ __,� q,._,". WIN - 1 LO 00 ,� 00 00 lWWWOM-1,101,1111 "Olt EMCM �=�C= MM=M m �M=� Em INSTR 5981698 OR 5872 PG 3098 E-RECORDED 1/7/2021 4:04 PM PAGES 6 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $92,400.00 REC $52.50 INDX $4.00 CONS $13,200,000.00 This instrument prepared without opinion of title by: Zampogna Flores PLLC Bayfront Professional Center 1333 3rd Avenue South ##505 Naples, Florida 34102 After recording return to: Fidelity National Title Insurance Company 13800 NW 14th Street, Suite 190 Sunrise, Florida 33323 Attention: Michelle M. Clapp Consideration: $13,200,000.00 Documentary Stamp Taxes: $92,400.00 SPECIAL WARRANTY DEED Rock Creek Campground Acquisitions LLC, a Florida limited liability company, as its interest may appear, and fiorn said Rock Creek Campground Acquisitions LLC, a Florida limited liability company, as successor by merger to all of the following entities: (i) Nebus Family Limited Partnership Phase One, Ltd., a Florida limited partnership, (ii) Nebus Family Limited Partnership Phase Two, Ltd., a Florida limited partnership, and, (iii) Nebus Family Limited Partnership, a Florida limited partnership, as their interests may appear ("grantor"), whose address is 3100 North Road, Naples, Florida 34104, in consideration of the stun of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration received fiom CPI Rock Creels Owner, L.L.C., a Delaware limited liability company ("Grantee'), whose address is c/o The Carlyle Group, 1001 Pennsylvania Avenue NW, Washington, DC 20004, the receipt and sufficiency of which are hereby acknowledged, on this [30th day of December, 20201, has granted, sold, transferred and conveyed, and does hereby grant, sell, transfer and convey to Grantee, its successors and assigns forever, that certain real property located in Collier County, Florida, described on Schedule 1 attached hereto and made a part hereof (the "Land"); together with all right, title and interest of Grantor (whether now Or hereafter existing) in and to any land lying in the bed of any street, alley, road or avenue (whether open, closed or proposed) within, in front of, behind or otherwise adjoining the Land or any of it; and all right, title and interest of Grantor (whether now or hereafter existing) in and to any award made or to be made as a result of or in lieu of condemnation, and in and to any award for damage to the Premises (as such term is hereinafter defined) or any part thereof by reason of casualty (all of the foregoing being included within the term "Land"); and all of the buildings, structures, fixtures, facilities, installations and other improvements of every kind and description now or hereafter in, on, over and under the Land, including, without limitation, any and all recreational buildings, structures and facilities, plumbing, heating, ventilating, air conditioning, mechanical, electrical and other utility systems, water and sewage treatment plants and facilities (including wells and septic systems), parking lots and facilities, landscaping, roadways, sidewalks, swimming pools, security devices, signs and light fixtures, which are not owned by tenants under leases affecting the Land or any part thereof (collectively, the "Improvements") (the Land and the Improvements are herein collectively referred to as the "Premises"); TO HAVE AND TO HOLD the same, together with all and singular the easements, covenants, agreements, rights, privileges, tenements, hereditaments and appurtenances thereunto now or hereafter belonging or appertaining (all of the foregoing being included within the term "Premises"); EAS'nl78316488.2 Packet Pg. 338 OR 5872 PG 3099 3.D.f and Grantor covenants that the Premises are free of all encumbrances; that lawful seizing of and good right to convey the Premises is vested in Grantor, and that Grantor generally warrants the title to the Premises and will defend the same against the lawful claims of all persons arising by, through or under Grantor. [signatures follow] z EAS11178316488.2 Packet Pg. 339 OR 5872 PG 3100 3.D.f IN WITNESS WHEREOF, Grantor has executed and delivered this Special Warranty Deed as of the day and year first above written. WITNESSES as to 3: Rock Creek Cam nround Acquisitions LLC, A Florida limited liability company Print Name: _ / 1,✓�a2w,,2ar,� / /J_� By: acne: JoAnne Nebus Print Name. Title: Authorized Member Rock Creek Carnuwound Acquisitions LLC, A Florida limited liability cotntiany /,f By: / L-- ne: John Nebus Rock Creek CMUgund Acquisitions LLC_, A Florida limited liability company By: / Name: anet Nebu Title: uthorized Member STATE OF FLORIDA ) ) SS COUNTY OF COLLIER ) 1, i a Notary Public in and for said County in the State aforesaid, do hereby certify that JoAnne Nebus/John Nebus and Janet Nebus, are all personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Authorized Member of Rock Creek Campground Acquisitions LLC, a Florida limited liability company, and all personally appeared before me this day in person and acknowledged that s/he signed and delivered said instrument as her/his own free and voluntary act as such Authorized Member of Rock Creek Campground Acquisitions LLC, a Florida limited liability company, and as the free and voluntary act of said Authorized Member of Rock Creek Campground Acquisitions LLC, a Florida limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal this day of . 2020. TARAN.ARMSTRONG MY COMMISSION# GG 345048 EXPIRES. Odober 11.2023 ary Public ',o�c;`a;:; 8ondedThtnNo1mPubRUndeW(er; My Commission Expires: (SEAL) EAST1178315488.2 Packet Pg. 340 OR 5872 PG 3101 3.D.f LEGAL DESCRIPTION SCHEDULE I SITE NO.1 That part of Section 2, Township 50 South, Range 25 East, Collier County, Florida, formerly described as Blocks F, G and H, of ROCK CREEK TERRACE, excepting therefrom the West 100 feet, according to Plat Book 1, Page 40, of the Public Records of Collier County, Florida. LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. TOGETHER WITH VACATED ROCK CREEK DRIVE AND BURNHAM BOULEVARD, LYING SOUTH OF NORTH ROAD, NORTH OF ROCK CREEK AND BETWEEN BLOCKS F, G AND H, ROCK CREEK TERRACE, AS RECORDED IN PLAT BOOK 1, PAGE 40, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH: The Westerly 100 ft. of that part of ROCK CREEKTERRACE, a Subdivision according to the map or Plat thereof recorded in Plat Book 1, Page 40, Collier County, Florida lying North of Rock Creek, being the Westerly 10D ft, of vacated Blocks F and G of said subdivision, together with the part of Rock Creek Drive lying between the Westerly 100 feet of said Block, which drive was vacated by Resolution of Board of County Commissioners of Collier County, Florida on April 4, 1950, LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND FURTHER LESS AND EXCEPT the following described Parcel: A parcel of land being a part of vacated Blocks F, G and H of ROCK CREEK TERRACE, as recorded in Plat Book 1, Page 40 of the Public Records of Collier County, Florida lying North of Rock Creek except the North 30 feet, which parcel of land is more particularly described as follows: Commencing at the Northwest corner of said vacated ROCK CREEK TERRACE, as recorded in Plat Book 1, Page 40 of the Public Records of Collier County, Florida; thence South OD°43'45" East 224.00 feet along the West line of said ROCK CREEK TERRACE to the Point of Beginning; thence continue South 00043'45" East along said West line of ROCK CREEK TERRACE to the mean high water line of Rock Creek; thence return to the Point of Beginning and run North 89016'15" East 120.00 feet; thence South 00°43'45" East to the mean high water line of Rock Creek; thence along the mean high water line of Rock Creek to the West line of said ROCK CREEK TERRACE; said lands situate, lying and being in Collier County, Florida. SITE NO.2 A parcel of land being a part of vacated Blocks F, G and H of ROCK CREEK TERRACE, as recorded in Plat Book 1, Page 40 of the Public Records of Collier County, Florida lying North of Rock Creek except the North 30 feet, which parcel of land is more particularly described as follows: Packet Pg. 341 OR 5872 PG 3102 3.D.f Commencing at the Northwest corner of said vacated ROCK CREEK TERRACE, as recorded in Plat Book 1, Page 40, of the Public Records of Collier County, Florida; thence South 00°4345" East 224.00 feet along the West line of said ROCK CREEK TERRACE to the Point of Beginning; thence continue South 00°43'45" East along said West line of ROCK CREEK TERRACE to the mean high water line of Rock Creek; thence return to the Point of Beginning and run North 89'16'15" East 120.00 feet; thence South 00°43'45" East to the mean high water line of Rock Creek; thence along the mean high water line of Rock Creek to the West line of said ROCK CREEK TERRACE; said lands situate, lying and being in Collier County, Florida. SITE NO.3 Parcel 1: Lots 5, 6, 7, 8, 9,10, 11, 12, 13, 14 and 1S, C.W. HUDDLESTON'S SUBDIVISION, according to the Plat recorded in Plat Book 2, Page 100, of the Public Records of Collier County, Florida, together with the following vacated rights -of -ways, to wit: The 60 foot Right -of -Way East of the Easterly lot line of Lot 11 of said C.W. HUDDLESTON'S SUBDIVISION and the 60 foot Right -of -Way between Lots 5 and 15 of the said C.W. HUDDLESTON'S SUBDIVISION, and that portion of Creek Avenue lying Westerly of the Easterly lot line of Lot 12 of C.W. HUDDLESTON'S SUBDIVISION; AND THAT 60 FOOT BY 60 FOOT PORTION OF RIGHT-OF-WAY LYING BETWEEN THE NORTHERLY EXTENSIONS OF THE EASTERLY LINE OF LOT 11 AND THE EASTERLY LINE OF LOT 12, ALL AS VACATED BY RESOLUTION NO.94-470, RECORDED IN OFFICIAL RECORDS BOOK 1965, PAGE 2311, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Parcel 2: INTENTIONALLY DELETED. Parcel 3: That portion of Lot 18 of NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, of the Public Records of Collier County, Florida, lying North of Rock Creek, which is replatted as a portion of Lot 12 of C.W. HUDDLESTON'S SUBDIVISION, according to the plat thereof recorded In Plat Book 2, Page 100, of the Public Records of Collier County, Florida; said land having as its boundaries as follows: 1. North Boundary Line: North lines of Lot 18, of NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2; 2. East and West Boundary Lines: The East and West Line of Lot 12 of C.W. HUDDLESTON'S SUBDIVISION extending South of the North line of Lot 18 of NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO.2 to the center of Rock Creek; 3. South Boundary line: The Center of Rock Creek. Packet Pg. 342 *** OR 5872 PG 3103 *** 3.D.f Parcel 4: A portion of Lot 18, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, as recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northwest corner of Lot 18 of said NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2; thence North 89' 37' 11" East along the North Line of said Lot 18 for 183.16 feet to the Point of Beginning; thence continuing along the North Line of said Lot 18, North 89' 37'11" East 170.68 Feet; thence South 00' 37' 53" East 44.29 feet; thence run along the following three courses along the center line of Rock Creek: Course No. 1: South 77' 31' 00" West for 36.72 feet; Course No. 2: North 76' 59' 03" West for 61.79 feet; Course No. 3: North 63* 39' 46" West for 83.80 feet to the Point of Beginning; less and except that part thereof conveyed by Deed recorded in Official Records Book 665, Page 1935, of the Public Records of Collier County, Florida. SITE NO. 4: The East 60 feet of Lots 21 and 22 of NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, as recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida, lying North of Rock Creek, less the North 248.47 feet thereof. SITE NO.5 The East 238 feet of Lots 21 and 22, lying North of Rock Creek plus the West 25 feet of the vacated right- of-way along the East side of the subject property of that certain subdivision in Section 2, Township 50 South, Range 25 East, known as NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS, NO. 2, according to the plat thereof recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida, less and except the following described parcel: The East 60 feet of Lots 21 and 22, less the North 248.47 feet of NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARM5, NO. 2, according to the plat thereof recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida. All of said lands situate, lying and being in Collier County, Florida. Packet Pg. 343 Receipt# 00 1/7/2021 4: 3.D.f Crystal K. Kinzel J Clerk of the Circuit Court and Comptroller Customer Deputy Clerk Clerk Office Location Auri Burnham Gloria E Garcia Collier County Govt. Center SIMPLIFILE LC Gloria.Garcia@ColIierClerk.com Building LA, 2nd Floor 5072 N 300 W (239) 252-7242 3315 Tamiami Trl E Ste 102 PROVO, LIT 84604-5652 Naples, Florida 34112-4901 11 Documents Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Affidavit 5981690 5872 3056 $104.50 Deed 5981691 5872 3068 $28.70 Consideration: $10.00, 100% Applied Affidavit 5981692 5872 3071 $18.50 Affidavit 5981693 5872 3073 $18.50 Death Certificate 5981694 5872 3075 $10.00 Probate 5981695 5872 3076 $27.00 Affidavit 5981696 5872 3079 $64.00 Affidavit 5981697 5872 3086 $107.50 Deed 5981698 5872 3098 $92,456.50 Consideration: $13,200,000.00, 100% Applied Deed 5981699 5872 3104 $40.20 Consideration: $10.00, 100% Applied Affidavit 5981700 5872 3108 $52.50 2 Products QUANTITY DESCRIPTION UNIT COST AMOUNT 1 Corrected: OR Record ing:Affidavit (Instrument: 5981690 Book: $1.00 $1.00 5872 Page: 3056) (1) 1 Corrected: OR Record ing:Affidavit (Instrument: 5981697 Book: ($4.00) ($4.00) 5872 Page: 3086) (2) TOTAL AMOUNT DUE $92,924.90 Deposit Account#: S-41050 ($92,927.90) Original Balance: $0.00 (1/8/2021 11:54:28 AM) Deposit Account#: S-41050 $3.00 BALANCE DUE $0.00 Note: 1/7/2021 4:04:14 PM Gloria E Garcia: Batch Name: 297753 1/8/2021 11:54:28 AM(1) Receipt Updated by: Deputy Clerk Donna A Rutherford 1/8/2021 11:54:28 AM(2) Receipt Updated by: Deputy Clerk Donna A Rutherford Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. C o�H a r (,U-(a r k o c a m Pa Packet Pg. 344 INSTR 5981699 OR 5872 PG 3104 E-RECORDED 1/7/2021 4:04 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $35.50 INDX $4.00 CONS $10.00 3.D.f This instrument prepared without opinion of title by: Zampogna Flores PLLC Bayfront Professional Center 1333 3rd Avenue South #505 Naples, Florida 34102 After recording return to: Fidelity National Title Insurance Company 13800 NW 14th Street, Suite 190 Sunrise, Florida 33323 Attention: Michelle M. Clapp Consideration: $10.00 Documentary Stamp Taxes: $0.70 Quit -Maim Deed THIS QUIT -CLAIM DEED, executed this 30"' day of December, 2020, by Rock Creek Campground Acquisitions LLC, a Florida limited liability company, as its interest may appear, and from said Rock Creek Campground Acquisitions LLC, a Florida limited liability company, as successor by merger to all of the following entities: (i) Nebus Family Limited Partnership Phase One, Ltd., a Florida limited partnership, (fi) Nebus Family Limited Partnership Phase Two, Ltd., a Florida limited partnership, and, (iii) Nebus Family Limited Partnership, a Florida limited partnership, as their interests may appear, first party, to CPI Rock Creek Owner, L.L.C., a Delaware limited liability company, whose post office address is: c/o The Carlyle Group, 1001 Pennsylvania Avenue NW, Washington, DC 20004, second party, (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth, that the said first party, for and in consideration of the sum of $] 0. 00, in hand paid by the said second party, the receipt whereof is hereby ack7owledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lots, pieces or parcels of land, situate, lying and being in the County of Collier, State of Florida, to -wit: See Legal Description attached hereto as Exhibit "A" SUBJECT TO easements, restrictions, reservations and limitations of record, if any. *Singular and plural are interchangeable as context requires. Quit China Deed Packet Pg. 345 OR 5872 PG 3105 3.D.f To have and to hold the same in fee simple forever. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. To have and to hold the same in fee simple forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of.• IN WITNESS WHEREOF, Grantor has executed and delivered this Quit Claim Deed as of the day and year first above written. WITNESSES as to L 3: Print Naive: Print 4a7ffe: - _._AnIF Rock Creek CaMgound Acquisitions LLC, A Florida limited liability company By: 9z, — ame: "JoAnne Nebus Title. Authorized Member Rock Creek Campground Acquisitions LLC, A Florida limited liability company By: %7t-� ame: John Nebus Title: Authorized Member Rock Creek Cmppjound Acquisitions LLC A Florida limited liability company By: a,�U"-Y NaOel:'/�Authorized Janet N us Tit Member Quit Claim Deed Packet Pg. 346 OR 5872 PG 3106 3.D.f STATE OF FLORIDA ) ) SS COUNTY OF COLLIER ) 1,Pd(M&-�Wa�Notary Public in and for said County in the State aforesaid, do hereby certify that JoAnnoNebus, John Nebus and Janet Nebus, are all personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Authorized Member of Rock Creek Campground Acquisitions LLC, a Florida limited liability company, and all personally appeared before me this day in person and acknowledged that s/he signed and delivered said instrument as her/his own free and voluntary act as such Authorized Member of Rock Creek Campground Acquisitions LLC, a Florida limited liability company, and as the free and voluntary act of said Authorized Member of Rock Creek Campground Acquisitions LLC, a Florida limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal this .Z-qlL-( day o �1:k1/ 2020. Notary Public TA' AMARMSTRONG MYCOMMISSION#GG EXPIRES: OClober i1, 2023 2U23 Bonded Thru Notuy Punk Und e:wrlters My Commission Expires: (SEAL) Quit Claim Deed Packet Pg. 347 *** OR 5872 PG 3107 *** 3.D.f LEGAL. DESCRIPTION BEGIN AT THE NORTHWEST CORNER OF LOT 15, C.W. HUDDLESTON'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 100, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN THENCE N89037'41"E, ALONG THE SOUTH RIGHT OF WAY LINE OF NORTH ROAD, A DISTANCE OF 1316.92 FEET TO THE EAST LINE OF BLOCK "H", ROCK CREEK TERRACE, AS RECORDED IN PLAT BOOK 1, PAGE 40, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS VACATED BY RESOLUTION NO. 11278, IN MINUTE BOOK 3, PAGE 268 AND DEED BOOK 16, PAGE 288, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S00°30'11"E, ALONG SAID EAST LINE OF BLOCK "H", A DISTANCE OF 26 FEET MORE OR LESS TO THE MEAN HIGH WATER LINE OF ROCK CREEK; THENCE WESTERLY ALONG SAID MEAN HIGH WATER LINE OF ROCK CREEK TO THE EAST LINE OF LOT 5 OF SAID C.W. HUDDLESTON'S SUBDIVISION; THENCE S00043'40"E, ALONG SAID EAST LINE OF LOT 5 TO THE CENTER OF ROCK CREEK; THENCE WESTERLY ALONG SAID CENTER OF ROCK CREEK TO THE WEST LINE OF LOT 14 OF SAID C.W. HUDDLESTON'S SUBDIVISION; THENCE N00°37'43"W, ALONG SAID WEST LINE OF LOT 14 TO SAID MEAN HIGH WATER LINE OF ROCK CREEK; THENCE WESTERLY ALONG SAID MEAN HIGH WATER LINE OF ROCK CREEK TO THE WEST LINE OF THE EAST 238 FEET OF LOT 22, NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N00°37'43"W, ALONG SAID WEST LINE OF THE EAST 238 FEET OF LOT 22 AND THE WEST LINE OF THE EAST 238 FEET OF LOT 21 OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2, A DISTANCE OF 570 FEET MORE OR LESS TO THE SOUTH RIGHT OF WAY LINE OF SAID NORTH ROAD, PER OFFICIAL RECORD BOOK, 2092, PAGE 444, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N89°37'41"E, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 263.14 FEET TO THE POINT OF BEGINNING. Packet Pg. 348 Receipt# 00 1/7/2021 4: 3.D.f Crystal K. Kinzel J Clerk of the Circuit Court and Comptroller Customer Deputy Clerk Clerk Office Location Auri Burnham Gloria E Garcia Collier County Govt. Center SIMPLIFILE LC Gloria.Garcia@ColIierClerk.com Building LA, 2nd Floor 5072 N 300 W (239) 252-7242 3315 Tamiami Trl E Ste 102 PROVO, LIT 84604-5652 Naples, Florida 34112-4901 11 Documents Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Affidavit 5981690 5872 3056 $104.50 Deed 5981691 5872 3068 $28.70 Consideration: $10.00, 100% Applied Affidavit 5981692 5872 3071 $18.50 Affidavit 5981693 5872 3073 $18.50 Death Certificate 5981694 5872 3075 $10.00 Probate 5981695 5872 3076 $27.00 Affidavit 5981696 5872 3079 $64.00 Affidavit 5981697 5872 3086 $107.50 Deed 5981698 5872 3098 $92,456.50 Consideration: $13,200,000.00, 100% Applied Deed 5981699 5872 3104 $40.20 Consideration: $10.00, 100% Applied Affidavit 5981700 5872 3108 $52.50 2 Products QUANTITY DESCRIPTION UNIT COST AMOUNT 1 Corrected: OR Record ing:Affidavit (Instrument: 5981690 Book: $1.00 $1.00 5872 Page: 3056) (1) 1 Corrected: OR Record ing:Affidavit (Instrument: 5981697 Book: ($4.00) ($4.00) 5872 Page: 3086) (2) TOTAL AMOUNT DUE $92,924.90 Deposit Account#: S-41050 ($92,927.90) Original Balance: $0.00 (1/8/2021 11:54:28 AM) Deposit Account#: S-41050 $3.00 BALANCE DUE $0.00 Note: 1/7/2021 4:04:14 PM Gloria E Garcia: Batch Name: 297753 1/8/2021 11:54:28 AM(1) Receipt Updated by: Deputy Clerk Donna A Rutherford 1/8/2021 11:54:28 AM(2) Receipt Updated by: Deputy Clerk Donna A Rutherford Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. C o�H a r (,U-(a r k o c a m Pa Packet Pg. 349 3.D.f ATTACHMENT A Property Ownership Disclosure I, Barbara Murphy, personally maintain the list of all direct and indirect beneficiaries and equitable interest holders for the owner of the Property, CPI Rock Creek Owner, L.L.C. ("Owner'). In conjunction with the Property Ownership Disclosure form for this project, please note the following as of the date of this attachment: n No one individual has a direct or indirect interest of more than 7% in Owner. There are over 150 parties with indirect ownership interests in Owner. n Owner is indirectly owned by an investment fund structured as a real estate investment trust that is controlled (directly or indirectly) by a public entity listed on NASDAQ. n None of the officers or employees of Owner who are involved with the day today operation and management of the Property are County employees or elected officials. n None of the officers or employees of Owner who are involved with the day today operation and management of the Property is a close relative of a County employee or County elected official. n None of the officers or employees of Owner who are involved with the day today operation and management of the Property have business dealings with Hearing Examiner Andrew Dickman or the Dickman Law Firm or are clients of Andrew Dickman or the Dickman Law Firm. The foregoing information is to the best of my knowledge as of November 2022 and offered solely in my capacity as Vice President of Owner, and not personally. CPI Rock Creek Owner, L.L.C. DATE By. Name: ar ra L r) Title: -AUTHORIZED PER5O1'd AST1197286330.2 Packet Pg. 350 3.D.g (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 POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED J V S k' n N 0' N i fA (w WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER Pl.--1022- 00 0 3t,s y 6-5&4ATURE OF APPLICANT OR AGENT JuS1-��NqOJarAo NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Is I't 9 rogA\.,q s v ► t 3c)1 STREET OR P.O. BO CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 5 t�\ day of J� U , 20)3, by i �� r1"�i►to , p sonally known e or who produced as identification and who did/did not take anoath. KENNETH A. VITALE „ MY COMMISSION # HH 009331 rP EXPIRES: June 11, 2024 '•FOFF��� Bonded Thru Notary Public Underwriters My Commission Expires: 6,"1 Va-14 (Stamp with serialnumber) Signature of NotaryPublic Printed Name of NotaryPublic Rev. 3/4/2015 Packet Pg. 351 40 V- /11 Al o ol 6 tr A 'Ile PUBLIC HEARING NOTICE roe NDRTHTIDE NAPLES RV RESORT NONCONFORMING USE ALTERATION Pefilian Nv- PL20220003854 HEX, July 27,2023 - 9:00 a, m. GROWM MANAGEMENT BUILDNG, 28W HORSESHOE DR- N-, ROOM 609!610 NAPLES. FL 34104 TIMOTHY FINN: 239-252-4312 Add a Caption Wednesday - Jul 5, 2023 - 10:52 AM Adjust Q IMG-5310 3.D.g NUNUUNrL)MV111VL7 vat ru..i iv+m Petition No. PL20220003854 HEX: July 27. 2023 -9:00 a.m. GROWTH MANAGEMENT BUILDING, 2800 HORSESHOE DR. N., ROOM 609/610 NAPLES, FL 34104 TIMOTHY FINN: 239-252-4312 Packet Pg. 353