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HEX Agenda 08/24/2023COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 August 24, 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.Padron(a)CollierCount 7FL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 811612023 August 2023 Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. PDI-PL20230007509 — Lord's Way - Request for an insubstantial change to Ordinance No. 14-12, as amended, the Lord's Way 30 Acre Residential Planned Unit Development(RPUD) by modifying Deviation No. 4 to allow the existing 5-foot-wide sidewalk instead of an 8-foot-wide sidewalk on one side of Sapphire Cove Drive adjacent to the preserve area. The subject PUD is located at the south side of Hacienda Lakes Parkway and f0.4 miles east of Collier Boulevard in Section 14, Township 50 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 1 B. Petition No. BDE-PL20210002028 - Sunrise Cay II Dock Facility - Request for a nine -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 private multi -family boat docking facility protruding a total of 29 feet into a waterway that is 149 feet wide. The subject property is It Sunrise Cay Phase II in Port of the Islands, Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 1 4. Other Business 5. Public Comments Adjourn Collier County Hearing Examiner Page 2 Printed 811612023 3.A 08/24/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 26220 Item Summary: Petition No. PDI-PL20230007509 — Lord's Way - Request for an insubstantial change to Ordinance No. 14-12, as amended, the Lord's Way 30 Acre Residential Planned Unit Development(RPUD) by modifying Deviation No. 4 to allow the existing 5-foot-wide sidewalk instead of an 8-foot-wide sidewalk on one side of Sapphire Cove Drive adjacent to the preserve area. The subject PUD is located at the south side of Hacienda Lakes Parkway and f0.4 miles east of Collier Boulevard in Section 14, Township 50 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 1 Meeting Date: 08/24/2023 Prepared by: Title: Principal Planner — Zoning Name: Sean Sammon 07/26/2023 9:13 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 07/26/2023 9:13 AM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Completed 08/01/2023 1:19 PM Zoning Mike Bosi Review Item Completed 08/09/2023 9:10 AM Zoning Sean Sammon Review Item Skipped 07/26/2023 8:54 AM Zoning Ray Bellows Review Item Completed 08/07/2023 5:56 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 08/08/2023 6:17 PM Zoning Mike Bosi Division Director Completed 08/14/2023 4:27 PM Hearing Examiner Andrew Dickman Meeting Pending 08/24/2023 9:00 AM Packet Pg. 3 3.A.a Co rle-r County STAFF REPORT TO: HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: AUGUST 24, 2023 SUBJECT: PDI-PL20230007509, LORD'S WAY 30 ACRE RPUD APPLICANT: Lord's Way 30, LLC 7742 Alico Rd Ft. Myers, FL 33912 REQUESTED ACTION: AGENT: Josephine Medina, AICP, LEED Green Assoc. RVi Planning + Landscape Architecture 28100 Bonita Grande Dr., Ste 305 Bonita Springs, FL 34135 The petitioner requests for an insubstantial change to Ordinance No. 14-11, as amended, the Lord's Way 30 Acre Residential Planned Unit Development (RPUD) by modifying Deviation No. 4 to allow the existing 5-foot-wide sidewalk instead of an 8-foot-wide sidewalk on one side of Sapphire Cove Circle where adjacent to the preserve area. GEOGRAPHIC LOCATION: The subject property is located on the south side of Hacienda Lakes Parkway and ±0.4 miles east of Collier Boulevard in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±30 acres (see the location map on page 2). Page 1 of 10 Lord's Way 30 Acre RPUD, PDI-PL20230007509 July 31, 2023 Packet Pg. 4 %p o]:oZ §Z [L ummAG N](1Qd)Q ndU 9j3V o[ AeM %p o]-6 9z0o0EZOZ d-:PodON jjejS ]uemt4,e■� V LO � 6 M a 2 P � , - � 4j =fp � m — 'Milano OL q ■. a q $ »| | u - _ |; To Q a e . 2 a �® ;« ■ -Q1, e a 2 2 )� � � � q � < E } k � ON § L , o « LL J ' « q � • � �#t� & � ■u m rein . — / \ � &«� ` — § � m � 4 _ ■ k ) � s . w kIr 4 ] P4 ■[ . ��. %% ■ � �J Page 2 of 10 Lord's &9 30 Acre RPu%P2- Uo moo7mg CD C) U") � � CD � � C'4 C=) (N —j OL � O � E � z C: .g � CL CL Ca � � 0 � U 0 J July m,2Ua 3.A.a PURPOSE/DESCRIPTION OF PROJECT: The applicant requests to modify Deviation Number Four (4) to allow the existing 5-foot-wide sidewalk instead of an 8-foot-wide sidewalk on one side of Sapphire Cove Circle adjacent to the preserve area. Aerial Location Zoning Map, red line indicates PDI request location — Collier County GIS In 2014, the Board of County Commissioners rezoned the Lord's Way 30 Acre RPUD from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD), Ordinance 14-11, as amended. The RPUD consists of 75 single-family residential dwelling units and an amenity center which have all been built out. Deviation No. 4, approved within Ord. 14-11, provided relief from the LDC Section 6.06.02 A.1, "Sidewalks, Bike Lane, and Pathway Requirements," requires sidewalks on both sides of the street and to allow an eight (8) foot -wide sidewalk on only one side of the street where the street is adjacent to the preserve. The applicant requests that the Deviation remain while seeking a simple modification to allow for only a single five (5) foot -wide sidewalk where the street is adjacent to the preserve instead of a single eight (8) foot -wide sidewalk. This Insubstantial Change request will be limited only to the portion of Sapphire Cove Circle located along the southern portion of the PUD. There is no other request to expand the deviation, and this is the only change to the PUD Master Plan that is being requested. The Insubstantial Change request is because of the unintended construction of the existing 5-foot-wide sidewalk along the northern side of Page 3 of 10 Lord's Way 30 Acre RPUD, PDI-PL20230007509 July 31, 2023 Packet Pg. 6 3.A.a Sapphire Cove Circle adjacent to the preserve instead of an 8-foot-wide sidewalk, as approved in Deviation No. 4. The PUD contains one interior looped road at 42 feet wide for the entire development, providing lower vehicular speeds and enhancing pedestrian safety. Approximately 80% of the entire development provides a 5-foot-wide sidewalk on both sides. This includes a marked walkway crossing provided for pedestrians to the north of the PUD along the amenity center and along the exterior where Sapphire Cove ends, providing sufficient safety and mobility to pedestrians in the development. Therefore, the request would help alleviate the reconstruction of the sidewalks and disturbance of the existing homeowners since the PUD is completely built out. As shown in the image below, adding 3 feet of concrete to create an 8-foot-wide sidewalk along Sapphire Cove Circle will cause more of a nuisance and hazard to the community since it is already built out with the existing 5-foot sidewalk. This will also require reconstructing existing infrastructure to the community, such as removing pervious sodded area and the softened transition between the sidewalks, storm drains, and the internal road. Location of PDI Request, Photo provided by Applicant This request won't set precedence to allow requests for after -the -fact reductions. There are unique characteristics in this community why an 8-foot-wide sidewalk is not suitable in the southern portion of the community. The approved Deviation contains low pedestrian -type uses on one side of the road and physical constraints from protecting the preserve on the other side of the road. Other deviation approvals on other projects by having 5-foot sidewalks on both sides of the road are for the entire development where this applies. There have been deviation approvals for 5-foot-wide sidewalks on one side of a single -loaded road where single-family residence lots exist. Therefore, the RPUD is built with single-family residences, reducing the need for wider sidewalks, thus making an 8-foot sidewalk in front of a single-family lot on a private looped local road out -of -scale with the development. SURROUNDING LAND USE AND ZONING (related to the subject site location) a Page 4 of 10 Lord's Way 30 Acre RPUD, PDI-PL20230007509 July 31, 2023 Packet Pg. 7 3.A.a This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of the Lord's Way 30 Acre RPUD: North: Hacienda Lakes Parkway, a two-lane roadway, and then Mixed Use Planned Unit Developments (MPUD) of Collier Boulevard Lord's Way MPUD and Hacienda Lakes. East: Carman Drive, a two -land roadway, and then the Mixed Use Planned Unit Development (MPUD) Hacienda Lakes. South: Developed Agricultural (A) zoned property owned by Florida Power & Light and an approved and developing Residential Planned Unit Development (RPUD) of Carman Drive 15 RPUD. West: Vacant Agricultural (A) zoned property. Collier County GIS Page 5 of 10 Lord's Way 30 Acre RPLID, PDI-PL20230007509 July 31, 2023 Packet Pg. 8 3.A.a Base Zoning Map — Collier County GIS/Addressing, ESRI STAFF ANALYSIS Comprehensive Planning: According to the Current Future Land Use Map, the subject property is located within the Urban Residential Fringe Subdistrict of the Urban Mixed -use District. The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Areas. The proposed change to deviation No. 4 in the PUD will allow for the existing 5-foot-wide sidewalk instead of an 8-foot-wide sidewalk on one side of Sapphire Cove Drive adjacent to the preserve area. This change does not affect the intensity of the development and thus keeps it consistent with the Future Land Use subdistrict designation. Transportation Element: Transportation staff reviewed Staff s conclusions. The only suggestion for the PUD Insubstantial Change is that the proposed sidewalk deviation /reduction impact is limited to only six of the residential lots. Therefore, staff is recommending approval for this PUD Insubstantial Change petition. Zoning Review: As previously stated, the applicant proposes to modify Deviation Number 4 to retain the 5-foot width for the sidewalk on the community's south end across the street adjacent to the preserve area. The unique situation due to the community's layout and the preserve's location will not create a Page 6 of 10 Lord's Way 30 Acre RPUD, PDI-PL20230007509 July 31, 2023 Packet Pg. 9 3.A.a precedence to allow reductions of sidewalk widths after -the -fact for future developments. Furthermore, all LDC Section 10.02.13 E.1 criteria are compliant with retaining this 5-foot sidewalk width across the street adjacent to the preserve as an insubstantial change to the PUD. Because of these changes, the PUD Ordinance 14-11 has been updated. Therefore, staff is recommending approval for this PUD Insubstantial Change petition. Landscape Review: Not Applicable. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). No revisions to the environmental portions of the PUD are being requested. Environmental Review: Environmental Planning staff has reviewed this petition. The request is to amend Ordinance 2014-11, as amended, to modify the RPUD to allow a modification of Deviation No. 4 to reduce the sidewalk. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1. LDC Section 10.02.13 E.1 Criteria: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, the request will not impact the existing RPUD boundary. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, the request will not increase the proposed buildings' approved density, intensity, or height C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, the request will not decrease preserve, conservation, recreation, or open space areas d. Is there a proposed increase in the size of areas used for non-residential uses, including institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? a Page 7 of 10 Lord's Way 30 Acre RPUD, PDI-PL20230007509 July 31, 2023 Packet Pg. 10 3.A.a No, the request does not impact the size of non-residential areas or propose to relocate such areas within the RPUD boundary. e. Is there a substantial increase in the impacts of the development, which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, the request will not result in a substantial increase in the impact of the development. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the request will not generate a higher level of vehicular traffic. No change in land use activities or intensities is being requested. g. Will the change result in a requirement for increased stormwater retention or otherwise increase stormwater discharge? No, the request will not increase stormwater retention requirements or increase stormwater discharges. The request will reduce the impervious area by reducing the amount of concrete along approximately 600 feet of roadway. It. Will the proposed change bring about a relationship to abutting land use that would be incompatible with adjacent land use? No, the request will not modify any existing uses or intensities that would impact any surrounding land uses or that would be incompatible. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance inconsistent with the Future Land Use Element or other elements of the Growth Management Plan, or which modification would increase the density of intensity of the permitted land uses? No, the request does not impact the project's compliance with the Growth Management Plan (GMP). j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S. and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. No, the RPUD is not within a Development of Regional Impact. Page 8 of 10 Lord's Way 30 Acre RPUD, PDI-PL20230007509 July 31, 2023 Packet Pg. 11 3.A.a k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? No, the request is not a substantial modification to the RPUD and may be processed as a PDI pursuant to the LDC and Administrative Code. The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC Sec. 10.02.13.E.2 as follows: a. Does this petition change the analysis of findings and criteria used for the original application? As outlined on pages 9 through 13 of the original Staff Report for the PUD Rezoning of the subject RPUD, the proposed petition has not modified the original analysis of findings and criteria. No change to the permitted land uses, intensities, or design standards is being requested as part of the petition. Furthermore, staff Deviation No. 4 discussion on page 14 through 15 of the original Staff Report remain true with no change to staff s analysis. The dwelling units are located on one side of the road where the internal loop road is adjacent to the preserve. Current circumstances provide further justification provided that the development is now built out with only six single-family residential lots located across from the preserve area as well as a wall between the internal loop road and the preserve area, limiting the amount of pedestrian traffic generated in this area. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was advertised and held on Tuesday, June 27, 2023, at 5:30 pm, at the Collier County South Regional Library, Meeting Room A, at 8065 Lely Cultural Parkway #9005, Naples, FL 34113. There were zero (0) members of the public present, and zero (0) who participated remotely on Zoom. There is no copy of the transcript since the meeting adjourned 15 minutes after the scheduled start time. A copy of the NIM advertising and the prepared presentation is included in the Backup Package, Attachment A. PETITION APPEAL TO HEARING EXAMINER As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-89 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. In the event that the Hearing Examiner has approved the petition, the applicant shall be advised that they proceed with construction at their own risk during this 30-day period. Any construction work completed before the approval authorization shall be at their own risk. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the staff report for this petition on July 25, 2023. a Page 9 of 10 Lord's Way 30 Acre RPUD, PDI-PL20230007509 July 31, 2023 Packet Pg. 12 3.A.a STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner APPROVE Petition PDI-PL20230007509, Lord's Way 30 Acre RPUD PDI subject to the following condition: 1. The proposed sidewalk PUD Insubstantial Change is limited to only six of the residential lots, 3681 through 3701 Sapphire Cove Circle. The approval is also subject to including the following attachments in the HEX Decision: 1. Attachment B — PUD Language Changes Attachments: Attachment A — Backup Package Attachment B — PUD Language Changes Attachment C — Letter of No Objection Attachment D — Signs & Notification Page 10 of 10 Lord's Way 30 Acre RPUD, PDI-PL20230007509 July 31, 2023 Packet Pg. 13 3.A.b 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 ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN `BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. Application, to include but not limited to the following: X Narrative of request X Property Information X Property Ownership Disclosure Form X Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. n/a Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) n/a Affidavit of Unified Control n/a Affidavit of Representation n/a Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio n/a Traffic Impact Study (TIS) n/a Environmental Data n/a Historical/Archeological Surveyor Waiver n/a Utility Letter n/a Deviation Justifications 0 a 0 a a� L Q 0 M Y) L 0 J 0 N N W a� a� R 0 a a U M m Q t— z w 2 U Q t— Q r c m E L) w r Q Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff lnformation\lobAides orHelp Guides Packet Pg. 14 3.A.b n/a Boundary Survey Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. 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. Thev must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. 07/24/2023 Signature of Agent Repres ntat'v Date Josephine Medina Printed Name of Signing Agent Representative 0 a 0 a m L a 0 M f� N L O J O N N tD N Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\JobAides orHelp Guides Packet Pg. 15 3.A.b Lord's Way 30 Acre RPUD Collier County Insubstantial Change to a PUD Application (PDI) PDI-PL20230007509 COLLIER COUNTY HEARING EXAMINER PACKAGE Packet Pg. 16 3.A.b x Lord's Way 30 Acre RPUD PDI-PL20230007509 COVERSH EET & NARRATIVE Packet Pg. 17 ITV 3.A.b July 18, 2023 Mr. Sean Sammon, Planner III Planning and Zoning Division Zoning Section 2800 North Horseshoe Drive Naples, Florida 34104 RE: Lord's Way 30 Acre RPUD Insubstantial Change to a Planned Unit Development (PDI) Dear Mr. Sammon: Enclosed for your review is an application for an Insubstantial Change to a PUD in regard to the Lord's Way 30 Acre RPUD, a 30+/- acre residential project located on the south side of Hacienda Lakes Parkway and approximately 0.4 mile east of Collier Boulevard in unincorporated Collier County, Florida. The Applicant is requesting to modify Deviation No. 4 to allow for a 5-foot-wide sidewalk instead of an 8-foot-wide sidewalk on one side of Sapphire Cove Circle where adjacent to the preserve area. BACKGROUND/EXISTING CONDITIONS The Lord's Way 30 Acre RPUD was originally rezoned by the Board of County Commissioners in March 11, 2014, from Rural Agricultural (A) to Residential Planned Unit Development (RPUD) per Ordinance No. 2014-11. The RPUD allowed the development of up to 75 residential dwelling units and an amenity center, which have been developed. REQUEST Lord's Way 30, LLC ("Applicant") is requesting Staff's approval of an insubstantial change to the Lord's Way 30 Acre RPUD to allow for the modification of Deviation No.4 approved per Ordinance 14-11. Deviation No. 4 provides relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane, and Pathway Requirements, which requires sidewalks on both sides of the street, to allow for a single eight (8) foot -wide sidewalk on only one side of a street where the street is adjacent to the preserve. The Applicant is requesting for Deviation No.4 to remain in place with the simple change of allowing for a single 5-foot-wide sidewalk instead of a single 8-foot-wide sidewalk where the street is adjacent to the preserve. As identified in the approved PUD Master Plan this deviation is limited to a portion of Sapphire Cove Circle located along the southern portion of the PUD, and this request is not looking to expand the deviation beyond the area originally approved, nor is any change to the PUD Master Plan being requested. The reason for the request is the unintentional construction of a 5-foot-wide sidewalk along the northern side of Sapphire Cove Circle adjacent to the preserve instead of the 8-foot-wide sidewalk as provided for in the approval of Deviation No. 4. The PUD provides a single interior looped road, Sapphire Cove Circle, at a reduced roadway width of 42 feet for the entire development. Studies have shown that the reduction of roadway width leads to lower vehicular speeds helping enhance pedestrian safety in the development. The PUD also provides 5-foot sidewalks located on both sides of the road for approximately 80% of the development with clearly marked walkway crossing provided for pedestrians to the north of the PUD along the amenity center and where the sidewalk along the exterior of Sapphire Cove Circle ends, enhancing safety and mobility of pedestrians within the development. RV Planning + Landscape Architecture I Page 1 of 5 Lord's Way 30 Acre RPUD PDI Packet Pg. 18 3.A.b This PUD has been fully built out with homeowners already occupying the constructed homes. The request would help alleviate the reconstruction of the sidewalks and disturbance of the existing homeowners. Furthermore, the area along Sapphire Cove Circle where only a single sidewalk is provided is a single loaded road containing approximately six (6) single family homes and with a concrete wall located across the street adjacent to the preserve. Therefore, the additional 3 feet of width to the existing 5-foot sidewalk along approximately 600-feet of roadway would not help to enhance safety or walkability when compared to the 5-foot-wide already constructed due to small length of area that is covered and the existence of low activity to no activity generating uses on both sides of the road. The images below illustrate how the retainment of a 5-foot sidewalk throughout the entirety of the interior loop road allows for a more cohesive and aesthetically pleasing pedestrian path compared to what would be an abrupt addition of 3 feet of concrete to create an 8-foot-wide sidewalk along Sapphire Cove Circle. This additional concrete for the sidewalk also entails the reworking of existing infrastructure already in place including the removal of the pervious sodded area and removing the softened transition between the concrete sidewalks and the hard surface valley gutter and roadway infrastructure. Furthermore, an 8 foot -wide sidewalk would generally be out of scale along the front yard of 6 single family homes within this development. qWV The request to allow a 5-foot-wide sidewalk would not set a precedence to allow additional Applicants to request a reduction to requirements after the fact. The development contains unique characteristics which provide justification on why an 8-foot-wide sidewalk in the southern portion of this PUD. The area where this Deviation was approved contains density/low pedestrian traffic type uses on one side of the road and has physical constraints created by the protection of the preserve area on the other side of the road. A review of past deviation approvals from the requirement of having 5-foot-wide sidewalks on both sides of the road reveal most Rvi Planning + Landscape Architecture I Page 2 of 5 Lord's Way 30 Acre RPUD PDI Packet Pg. 19 3.A.b approvals are for entire development or a greater portion of the development and do not require width as excessive as 8 feet wide as was required by this approval. It was found that there were deviation approvals for 5-foot-wide sidewalks along one side of the road where the road was single loaded and where single-family homes lots existed. Additionally, at the time of approval the RPUD allowed for several housing types such as Single-family, Townhomes and Multifamily however the RPUD is now fully built out as a single-family residential subdivision reducing the need for wider sidewalks and making an 8-foot-wide sidewalk in the front of single-family lot along private looped local road out of scale with the rest of the development. JUSTIFICATION/COMPLIANCE WITH LDC §10.02.13.E.1: The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E.1 as follows: a. A proposed change in the boundary of the PUD; No, the request will not impact the existing PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not increase the approved density or intensity, or the height of proposed buildings. c. A proposed decrease in preservation, conservation, recreation, or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No, the request will not result in a decrease of preserve, conservation, recreation, or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open spaces), or a proposed relocation of nonresidential land uses; No, the request does not impact the size of non-residential areas or propose to relocate such areas within the PUD boundary. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No, the request will not result in a substantial increase in the impact of the development. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No, the request will not generate a higher level of vehicular traffic. No change in land use activities or intensities is being requested. RVi Planning + Landscape Architecture I Page 3 of 5 Lord's Way 30 Acre RPUD PDI Packet Pg. 20 3.A.b g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for stormwater retention or increase stormwater discharges. The request will serve to reduce the amount of impervious area by reducing the amount of concrete along approximately 600 feet of roadway. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request will not modify any existing uses or intensities that would impact any surrounding land uses or that would be incompatible. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; No, the request does not impact the project's compliance with the Growth Management Plan (GMP). j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or No, the RPUD is not within a Development of Regional Impact. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. No, the request is not a substantial modification to the RPUD and may be processed as a PDI pursuant to the LDC and Administrative Code. The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E.2 as follows: 1. Does this petition change the analysis of findings and criteria used for the original application? As outlined in pages 9 through 13 of the original Staff Report for the PUD Rezoning of the subject RPUD the proposed petition has not modified the original analysis of findings and criteria. No change to the permitted land uses, intensities or design standards are being requested as part of the petition. Furthermore, staff Deviation No. 4 discussion on page 14 through 15 of the original Staff Report remain true with no change to staff's analysis. The dwelling units are located on one side of the road where the internal loop road is adjacent to the preserve. Current circumstances provide for further justification provided that the development is now built out with only 6 single family residential lots located across from the RV Planning + Landscape Architecture I Page 4 of 5 Lord's Way 30 Acre RPUD PDI Packet Pg. 21 3.A.b preserve area as well as a wall between the internal loop road and the preserve area limiting the amount of pedestrian traffic generated in this area. CONCLUSION: In summary, the proposed Insubstantial Change to modify the approved Deviation No.4 to allow a single 5-foot-wide sidewalk along one side of Sapphire Cove Circle adjacent to the preserve instead of an 8-foot sidewalk allows for a reduction to the amount of impervious area within the development, allows for a transition between pedestrian infrastructure and valley gutter/roadway infrastructure, creates a harmonious and continuous pedestrian walkway, and furthermore will not result in the reduction of safety or walkability within the development. The request is limited to roughly 600 feet of a single loaded roadway adjacent to an on -site preserve. This application will not negatively impact public health, safety, or welfare, and the RPUD will remain consistent with the LDC and GMP. Should you require additional information or have any questions, please feel free to contact me directly at 239-908-3421 or JMedina(a)RViPlanning.com. Sincerely, RVi Planning + Landscape Architecture Josephine Medina, AICP, LEED Green Assoc. Project Manager Enclosures cc: Jason Tomassetti, Lord's Way 30, LLC David E. Torres, Lord's Way 30, LLC RVi Planning + Landscape Architecture I Page 5 of 5 Lord's Way 30 Acre RPUD P D I Packet Pg. 22 3.A.b x Lord's Way 30 Acre RPUD PDI-PL20230007509 PDI APPLICATION O N N CD N Cu Y V R (L a L) m m ON F- z w x U Q H H Q r c m E t w r Q Packet Pg. 23 Coder County 3.A.b COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 — 2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED Name of Property Owner(s): APPLICANT CONTACT INFORMATION Lord's Way 30 Acre, LLC Name of Applicant if different than owner: _ Address: 7742 Alico Road City: Fort Myers Telephone: Cell: E-Mail Address: Jtomassetti@fl-star.com Name of Agent: Josephine Medina, AICP Firm: RVI Planning + Landscape Architecture State: FL ZIP: 33912 Fax: Address: 28100 Bonita Grande DrCity: Bonita Springs State: FL ZIP: 34135 Telephone: 239-908-3421 Cell: 954-376-0378 Fax: E-Mail Address: Jmedina@RViPlanning.com DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Packet Pg. 24 cAerC014"ty 3.A.b COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net PUD NAME: Lord's Way 30 Acre FOLIO NUMBER(S): 31374000187 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION ORDINANCE NUMBER: 2014-11 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑■ Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑■ No If yes, in whose name? Has any portion of the PUD beenFM-] SOLD and/or ❑■ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes ❑■ No If yes, please describe on an attached separate sheet. Revised 3/27/2018 Page 2 of 4 Packet Pg. 25 Comer County 3.A.b COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 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 final 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 Pre -Application Meeting notes 1 ❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ❑ ❑ Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits ❑ PUD document with changes crossed through & underlined ❑ PUD document as revised with amended Title Page with Ordinance # ❑I LJ ❑ Warranty Deed ❑I ❑ Legal Description 1 ❑ Boundary survey, if boundary of original PUD is amended ❑ If PUD is platted, include plat book pages ❑ ❑ List identifying Owner & all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 % in. x 11 in. graphic location map of site 1 ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials be submitted electronically in PDF format. ❑ ❑ located in Immokalee or seeking affordable housing, include an additional set of each submittal Lrequirement. 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. Revised 3/27/2018 Page 3 of 4 Packet Pg. 26 cAerC014"ty 3.A.b COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams and David Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson TT Other: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. 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 04/18/2023 Agent/Owner Signature Date Josephine Medina Applicant/Owner Name (please print) Revised 3/27/2018 Page 4 of 4 Packet Pg. 27 3.A.b IMilk, x I Lord's Way 30 Acre RPUD PDI-PL20230007509 ESTI LO ACRES BOOK 65 PAGES 69-71 Packet Pg. 28 Q pz(n tyt !_ Q��Q >U� til ti m '< m?L'iQ[)W � Z� W Q Z Q 4 Zzi Lj OLLJ LA W U U- W tiU p � OQZ� Q) U Q W PE� O U Opp _ �V�-t'Q W �! Z m p J (nQZ W Lij p O Q-pZ Z ��= vo 0 v Z O O O W Z ��� O0 mQpZ pWC W �. Q cn O 6- W p�Zcn �c O cn a Z O2 �U� ~ p p ~ � _ t�0� U JQ-�Q UZC W Z O LLI = OQ�LL- U ~OZm WY� o W QLi � QF W =U p = =Z��Qi � t1 W uQ � p pQW Z W 3�� Zgc O � _p UZ W k �-U� O cn Q~�� OJ< W Z Q W 2 U U(n Q W'�p ti�C W �? 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N �C� ! vo6 I i _! n w I Lil o � I N J t M I z I to I W logo I o C° I o 0p (N a;l I NCOI —5�8�� L'; I I � � � uj I � L � 1 p _ Q �a !.___.i �- w W I i Q U p J I or J Q o m of M N a I �I 0 to o o o _ I co co (C — �09'Z9— 09,J9 — — — ' �ZR'60Z N ' ,L8'60L S ,00'LS ,00"L5 I--,9 0 i I c6 c6 � rn i o Z I 100'LS I ,00'LS 'ZPC7 3.A.b v Lord's Way 30 Acre RPUD PDI-PL20230007509 A': \ 1 1 ON r a Packet Pg. 32 INSTR 5284800 OR 5289 PG 21.70 RECORDED 7/1/2016 9:53 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC9.70 S6,300.00 REC $18.50 CONS $900,000.00 This Instrument Prepared 13y: Harold J. Webre, Esquire COLEMAN, YOVANOVICH & KOIZSTER, P.A. 4001 Tamiami Trail N.,- Suite 300 Naples, Fl, 34103 (239)435-3535 Consideration; $, WARRANTY DEED This Warranty deed is made this day of June, 2016, between MARCO ISLAND CROUP, LLC, a Florida limited liability company ("Grantor"), and LORD'S WAY 30, LLC, a Florida limited liability' company ("Grantee"), whose address is 77 2 Alico Road, h`t. Myers, FL 33192. The Grantor, in cons ideratiba.bf the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable con sideratii ns't =said Grantor in hand -paid by the Grantee, the receipt of which is hereby acknowledged, has ra€�t-11 dd, bargained and sold to the said Grantee and Grantee's successors and assigns forever -;fie`. lowing described property, situated, lying and being in Collier County, Florida, to wit: v . The West 1/2 of the East 1/2 of the 1V+o eastt 1/4 of the Southwest 1/4 of Section 14 Township 50 South Range 16' iit olller County, Florida. AND The East 1/2 of the East 1/2 of the North easetl Vd 'the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, Calllier;ounty, Florida. AND 4 The East 1/2 of the West 1/2 of the N6 rtheast 1/4 of the ut.l`west 114 of Section 14, Township 50 South, Range 26 East, Collier County,, drida. Subject to: (a) ad valorem and non ad valorem real property taXs �or 2016.. and subsequent years; (b) zoning, building code and other use restrictions imposed y governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; aftd (d) covenants, conditions, reservations, casements and restrictions of record. Together with all the tenements, hereditatnents and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold:, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized . of said land in fee simple; that the Grantor has goad right and lawful authority to sell and COT Packet Pg. 33 OR 5289 PG .21.71 *** 3.A.b said land; and that the Grantor• hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has executed and delivered this Warranty Deed the day and year first above written. Signed, sealed and:` iYered ` 0, in our.presence. '. •`' - , Marco Island Group, LLC, a Florida limited Iiability company 7 _i By: gnature ° George P. er, its Manager [Company Sea17 tness l - Printed Name ,x - Signature Witness, - Printe me STATE OF COUNTY OF The for ,goin instrument was acknowledged before me ort. thisday of Jude, 2016, by George P. B u s Manager of Marco Isl Group LIJC "r l r , da limited ' liability company, who is personally kno to' in or ,wp has produced as identificati - • Publ"ic - Si nexuses.. - Print me: (SEAL) !Votary Public State of Florida Marfta Agular My Commission FF-0761 61 Expires 121011 G17 Packet Pg. 34 3.A.b x Lord's Way 30 Acre RPUD PDI-PL20230007509 ADDRESS CHECKLIST O N N CD N Cu Y V R (L a L) m m ON F- z w x U Q H H Q r c m E t w r Q Packet Pg. 35 3.A.b 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] 31374000187 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] ESTILO ACRES TRACT R STREET ADDRESS(ES) where applicable, if already assigned. 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 LORD'S WAY 30 RPUD (SAPPHIRE COVE FKA ESTILO ACRES) PROPOSED PROJECT NAME PROPOSED STREET NAME(s) N/A LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] PL20170001889 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 iercountyfl.gov Packet Pg. 36 Va Copywrite RVI Lord's Way 30 Acre RPUD • AERIAL LOCATION MAP 1 v Collier County, FL 28100 Bonita Grande Drive • Date: 07/18/2023 Suite 305 a RV123001555 Bonita Springs, FL 34135 Tel239.405.7777 y Lord's Way 30, LLC www.rviplanning.com L W 74 a L R' l j L N Em L O J �L ID N N i� L V M VI Q. 7 Y V M m a I i— Z UJI r, ell H m E :� 0 200 400 ET FEET Information furnished regarding this propert from sources deemed reliable. RVi has not m...... an independent investigation of these sources and no warrant- Is made as to their accuracy or completenes, change, approval. Packet Pg. 37 3.A.b x Lord's Way 30 Acre RPUD PDI-PL20230007509 PROPERTY OW ERSHIP DISCLOSURE FORM Packet Pg. 38 771 corer County 3.A.b Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov nROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: C Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership 01/2023 Pa Packet Pg. 39 Coder county D.A.b771 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 Lord's Way 30, LLC - 7742 Alico Road 100% David E. Torres Revocable Trust 20% Jennifer Toll Revocable Trust 77% Carolyn Toll 1 % L.ourtney i oii 170 TI r Toll 1% e. If there is a CONTRACT FOR PURNXSE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the f [:i 'I IIUt=I J, JLut- IUIUIn J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired 06/30/2016 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Pa Packet Pg. 40 3.A.b Co er 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 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirementsfor 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, l attest that all of the information indicated on this checklist is included in this submittal package. l 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 Community Development Department I GMD Portal; https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Agent/Owne David E. Torres Agent/Owner Name (please print) Date 0112023 Page 3 of 3 Packet Pg. 41 3.A.b x Lord's Way 30 Acre RPUD PDI-PL20230007509 AFFIDAVIT OF AUTHORIZATION Packet Pg. 42 3.A.b AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20230007509 1 David E. Torres (print name), as Managing Member (title, if applicable) of Lord's Way 30, LLC (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 Josephine Medina, RV Planning and Landscape Architecture 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 stated in it are try, ,/", e-1-0— e-z- �3. Date -'David E. Torres STATE OF FLORIDA Manager COUNTY OF COLLIER Lord's Way 30, LLC The foregoing instrument was acknowleged before me by means of physical presence or Donline notarization this day of i U t1 C_ , 20_23by (printed name of owner or qualifier) Da\l �A L or res Suc erson(s) Notary Public must check applicable box: Are personally known to me 0 Has produced a current drivers license TAMEI.AM. SCHRODER 0 Has produced as identification. _+ # MyCOMMIISSION#HN121444 Po : EXPIRES: Apdd 26.2025 ?of71°j 8onded7lWiVoti Notary Signature: P"bU@^a CP108-COA-001151155 REV 3/4/2020 Packet Pg. 43 3.A.b I v SAPPHIRE COVE Lord's Way 30 Acre RPUD P DI-PL20230007509 HOA LETTER OF NO OBJECTION Packet Pg. 44 3.A.b sTl`= r, July 24, 2023 Collier County GMD 2800 North Horseshoe Drive Naples, FL 34104 Re: Letter of No Objection PL20230007509 - Lord's Way 30 Acre RPUD To Whom It May Concern: am the President of the Sapphire Cove Homeowners Association and I have no objection to the insubstantial change to the Lord's Way 30 Acre RPUD, Application No. PL20230007509. Regards, Gary H ins President, Sapphire Cove HOA Packet Pg. 45 3.A.b Lord's Way 30 Acre RPUD PDI-PL20230007509 NEIGHBORHOOD INFORMATION MEETING Packet Pg. 46 3.A.b Rvi Memorandum To: Sean Sammon, Collier County Zoning Division From: Josephine Medina, AICP, RVi Planning + Landscape Architecture, Inc. Date: July 18, 2023 Subject: Lord's Way 30 Acre RPUD PDI (PL20230007509) Neighborhood Information Meeting Summary RVI Planning + Landscape Architecture, Inc. and Lord's Way 30, LLC conducted a neighborhood informational meeting (NIM) for the Lord's Way 30 Acre Residential Planned Unit Development (RPUD) Insubstantial Change to a PUD (PDI). The meeting was held on Tuesday, June 27, 2023, at 5:30 p.m. at the Collier County South Regional Library, 8065 Lely Cultural Pkwy #9005, Naples, FL 34113, Meeting Room A. The applicant, the applicant's project team and Collier Staff were present at the meeting until 5:45pm. There were no member of the public in attendance. A copy of the legal notice, affidavit of publication, a copy of the letter sent to surrounding property owners, and a list of the surrounding property owners are attached as Exhibit "A". For the meeting, the applicant had prepared a 10-slide presentation Exhibit "B" that included a map and aerial of the area, development in the surrounding area. RVi Planning + Landscape Architecture • 28100 Bonita Grande Drive, Sutie 305 • Bonita Springs, FL 34135 • 239. • www.rviplanning.com Packet Pg. 47 3.A.b Final Publication Date 6/8/2023 Ad Number GC11070445 Publication Naples Daily News Special Requests Attn: Josephine Medina Market Naples Delivery Method Email Number of Affidavits Needed 1 Customer Name RVI Planning, Inc Customer Phone Number (239) 405-7777 Customer Address 28100 Bonita Grande Dr Ste 205 Bonita Springs, FL 34135 Account Number (if Known) 507176 Customer Email jmedina@rviplanning.com Your Name Rose Urbach Email Address rurbach@localiq.com Packet Pg. 48 3.A.b SaVICS �E[illj �YWS PART OFTHE USA TODAY NE rWORK Published Daily Naples, FL 34110 RVI PLANNING INC 28100 BONITA GRANDE DR #205 BONITA SPRINGS, FL 34135 ATTN JOSEPHINE MEDINA Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Naples Daily News, published in Collier County, Florida; that the attached copy of advertisement, being a PUBLIC NOTICE, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: Issue(s) dated: 6/8/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally Known to me, on JUNE 8th, 2023: Notary, tate of , Count Brown My commiss expires: 5, o C;? Publication Cost: $470.40 Ad No: GC11070445 Customer No: 507176 PO #: PUBLIC NOTICE — DISPLAY AD 2X7 # of Affidavits: 1 NANCY HEYRMAN This is not an invoice Notary Public State of Wisconsin Packet Pg. 49 3.A.b NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting held by RVi Planning + Landscape Architecture, Inc. on behalf of Lord's Way 30, LLC at the following time and location: Tuesday, June 27, 2023, at 5:30 p.m. Collier County South Regional Library 8065 Lely Cultural Pkwy #9005, Naples, FL 34113 Meeting Room A Attending Virtually is also available using Zoom Meeting ID: 890 9256 9245, Passcode: 0000. Josephine Medina is inviting you to a scheduled Zoom meeting. Please be advised that Lord's Way 30, LLC has filed an application (PL20230007509) with Collier County. This application is seeking approval of an Insubstantial Change to a Planned Unit Development (PDI). The Application will allow for the modification to a deviation to allow for a 5-foot-wide sidewalk on one side of the road where adjacent to the developments preserve area. The Lord's Way 30 Acre RPUD Property totals 30 +/- acres and is generally located on the southwest corner of the intersection of Hacienda Lakes Parkway and Carman Drive in unincorporated Collier County, Florida. Hacienda Lekes Pe wa j/. E s m Y 2 Rattlesnake Hammack RO U PROJECTA WE VALUE YOUR INPUT Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners' representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed to: RVi Planning + Landscape Architecture, Inc. c/o Josephine Medina 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 (239) 908-3421 OR Jmedina@RViPlanning.com ND-GC1107W4 01 Packet Pg. 50 10D I THURSDAY, JUNE 8, 2023 1 NAPLES DAILY NEWS Your Source OTICE The , lee Flee Control Dutoll, Board .1 fire C.unnu- I.oe,, will be rescheduling ,he F.,,dl, Month,, "" Board Meeting V,.uly �,bedlled f,, J... 15, 2023 to ,,, be NOTICE OF PUBLIC SALE Of hold `2n2, PERSONAL PROPERTY i1o, 2023 It 3pon It We NOTICE IS HEREBY GIVEN that St,fi­ 32 Headquarters, 5386 Useppa Ms., Ave Maria, IT the ntlersigned I.­,Hd', IT. 34142. Any., e equn' uIn.ole' "nd'lh'p' to IT so sell the personal P, P oft, snibed below to enf.r,I I oU-1g% pleat, l.11 (239) I.- Imposed onI' "or"y ode, The Florida. "'At " _211 I June 8, 2023 N5718513 F,, An Statute (Section N.,I,e Under Fictitious N.On, Law , P'""'t to Se"I" .q. Fodd, Statutes 61tr B,. _11" The u - ­11 Sell by line bidding on Tuesday, the d, ri of J,.,. 2023. NOTICE IS HEREBY GIVEN that he ,,ding at .1 1 :00 PM, the f.1- no node e 1!11c11112,s n of -IIP,I N.,.. Be"- - 1176 - Mutol- USA '?"d,113l Hideaway 1 C,Ein,hC0utof Collier, 1.It. us in M.­ Ishod,FWid. 34145, n, ID,.d Is said inten.1, The will occur online at .StorageTreasvres.cam, at e 'go V,sl." of C.rp.­f.., I he Florida the I Ez- press P-hIles Dtp."eD, of State, T.I.- hln,"'. .. ` '"" " 'I'd for at b�',­ 'sputhe of purchase. A purchased D"� lt"I M.nh.11, hunt C.,0­ June 5 1023 Ile., In, sold Is is, when, is, C.00`pInk LLC ,"d be remove) within of he sale. 24 h.V -The l' ',,k T0.11 (C.-1..od.,) June S. 2023 Y5729234 p,7,,Iy,.h,d he'lo',l red at In s'. ue at Qu,sl E.- ,,,t, Self 532. HAVING A Us' PI O,,w, City of Aue Marla, Count f ,,, of Florida. ye c- ", State " 'ub " to GARAGE SAILER ,In In she st"l, b­­ I—, Advertise .od-on, obligated pony. it In the Dated his th day If Woe, 2 5 1, d I 023 lost I y I June. 2023 CLASSIFIEDS! 1 2E2, I June 8, 1 S. #57 5455 - I NEIGHBORHOOD INFORMATION MEETING The Public Is ,ded 10 attend a nagM1bwhoad inlgmalron meeliry hold! LY ubu...Ing - Llodl,,lpe kdow-, Inc wi t-Ift d Lood's WI, 30, LLC It the foll.og none and ioe,d. I.d.y. ­ 21. 2022. .1 S . P.. EI11h, Olu.n, SI,Ih Re,­1 _­y EDESS Lely ca-I Po,, #BKOS. N.pl.s. FL 34 113 M-ool R. A Alu.odl.o t1uh, III— I".. Zoom,..H.B. so 92S6 924S, Pl­odoi DODO. J.-phlo. M­­ 1-ftmo you to I I­ulld Z.. HIII, W Id,leed that Lord's Way 30. ULC has filetl an ­A­un P1.202300075DE1 od, CIli,u, County Ties application aeekng .no In I Phu— llnii D­"s000l 1= -,1- 11 .lbw fora 5-fed- d,-t to the dl1oIo,,n­ IF-— loss, The Lord's Way 30 A- RPUD P­l, torah TO -I- ­ and 6 ­11y I— on the, I— cams of the hBdaenim d CIuoll Florida WE VALUE YOUR INPUT Icny sox 11=1­ Rod I— to. on-, -h the I. "I., Gju= 11 you are -soda I .1-d h. eenog, I haw , en -1, Holy . he d.-led us W, PLRl"I.R - I-— ­hd­n, Inc. 1. J­­ ..n. ­ -.I. .,.,do D, Rude TOS, Bonn. SpIll. IL ­5 (­) ­1 OR ADHLa Planni, Drum SELL IT BUY IT FIND IT Place your classified ad today. LJ Public N oticas JPublic Noticas IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA Case No.: " _2121-D1-001 605-1.0 1.- Division: ­0 -o.- ,,�Iftedl. R let 1­1 I-d Sharon M'­hn, V,I,,qu,, Ron,,, Resp-de- NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE III CHILD OR 'INA, CIAL SUPPORT) TO: h ... 0 ..01.1.. vel"' " Ar... 1612 Great Bend D1. Durham, NC 277. YOU ARE NOTIFIED th., _ anion for DISSOLUTION IF All. RIAG, has been filed lga�'d I copy of You, 'on , you and "It ..u.... required to de/ernes, I , to I on if" do R­ons whose address is on I �..,ny , before OWV2023, and ` the with he Jerk of this .nn .1 before un,lco .. Pe- t itioner or'I.on,dI­I thereafter. fall to demanded in d,:.,] man be entered end ,lCl ll , de... the 'ell, Copies of all l*u1 ,,4 case, Ind.dtly ,de, are available available .1 he CClClerk'of he Circuit C.-'s offf,,. You may nuc ­ - documdocumentsupon'equel'- (You must keep he Clerk of he Cull C.un', offie -lifi.d of buid,u5Utad,eounA;I%dfi1. 11la,fFo­­111Ad,F, I— p'in this F,M11be toTheIto,�HI: d PTpe eW, office. WARNING7 Rule 12.285, Florida Fally L, Rules of P,o,,d,,,, requires rain unnnIlIc dfissitnue of documents and I.f­ "In Elfin 1. ­ od 1, striking IT PIldy an result In .nnl,n,. ind,dl,g d1h. r1pleadings. CLERK & THE CIRCUIT COURT N.Iin, Under Fl.ilin., N­ Ls. Pursuant to Section .65"S. Florida Statutes NOTICE IS HEREBY GIVEN that The u"1,,dq",,od,0r g to on- ? 'g, in 'u,", uoder the fictitious fictitious olonefJA,1. A E MARIE LL.N_�Udi,.Y, LICENSED REAL ESTATE BROKER, OX1010441 located It 4808 OLENTANGY RIVER RD., DELAWARE 0. 13015, in the County of C.Ilher, Clof Naples, Florida M109 hatod, to he .Id name with he OduNi.. of uCo ad-n3 of he Florida I nnt of State, Tallahassee, FI.DDated t NI - ,es, Florida,. :his 1st day of January 1991. Janie Marie FIl on- �­Phy. Licensed Fell E11... Broker 6K3E1 41 Pub Date: June B. 2023 5729569 Boots. M.­S ­11 be holding I pub" on June 15, 2023. at S,7,0L Tsyl., Rd Naples, of he ,end beloo,t. Anyone wishing to full balance of Jeff Lso, Iro Na- ples, F, I, 'te'e I If "Id". Fl ­ do toning A" no III,, Then 4:0EP. on 1— 1,1, 2023 b in, 802. 864-51 IS .1800 649-3185. Pub Dltl! Jul, 1, 8, 2023 5706I70 Nolte of Sln,,!H't Sal. NOTICE 15 HEREBY GIVEN that pursuant to In EXECUTION Issued In the COUNTY Court of .-.Id County, Florida,loon the 10th day of October, 2022, in the cause where,,, PALM COAST RE. COVERY CORP., A FLORIDA CORPORATION, plaintiff(,) and 130- NIFACE LAURENT, defendant(,), nn, ... 070 04137C.CE, in said ­n; 1. K,V,. J. F­blok, IT 5he,if( of C.111t, = Florida, hl,o levied ,.o II the ,M, 'Ili, and .fThe defend.o1b). IONIIACE LAURENT, In and to the f.11to,tog de- snihed P,,...l properly to-lu 2013LN RHANGEROVERSPORT VIN: 5 ALSF2DTIDA783936 TAG N: NBGH60 And In the 111, dg,f1u,,1013 I l;hCIHT­.u.nySh.,fffsOffIce1373 lu_.e.rl,,.,I:.,,,,'L 34104 t the h.. If 1'." A" thereafter, I Will offer to, le all of he dl.fe.d.ol(s: or ,rCs*11`ACE' ­LAURENT, tRh,. Ode, and in .f1l:,lId property IT public outcry In 111 ,�l tame, ulblelt to If 1. 11 prior Iteno. encumbrances and �,dqn,ents. I In, to the ubl-Igh- e. and be" bidder for CASH IN HAND. The Inoseell 11 1 p- Efled I, far ...... be to the paymentpaymentflpaymentIf cos ustand the SIHIL.C. of theabove _ hde-Hued e.n. hit, may be seen .1 Bald Eagle Towing 3880 E,t,,p,i,, Avenue, Naples, Florida P104. Kevin J. R-b­, I, Shenff Colter County Fl.,Id. bI.WAPni Ile, Deputy Sheriff 0­, Advertised: 6!8/2023, 6115/2023, 6/22n023. W912023 In . ,accordanceoond,loce with th..the " American with Disabilities 'Act, personsIgPdIhI.,fg,,".Reg,1AdI.sopudiIN n'`b­ .se Hke , I.l.ted.Collin coun, She,iffsCfIle. 237- Horseshoe Dds, East, Naples, F1 34114. telephone, -252- Pior to ul, pnoz_df'g� - , If �e �39 im- paired, .1 le- -en d. ,T"g F-ed, (TDD) 1-NO 955-8771, or Volts, IV) 1-8 0-9559770. via .0 Notice To Creditors ]1LJ Notice To Creditors IN THE CIRCUIT COUNT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA PROBATE DIVISION IN RE ESTATE OF Fne No 23 CP 001661 JANICE CLARE TODD Di,!,!,,: PROBATE Deceased. NOTICE TO CREDITORS The dod.i,lrlfl.n of the e-le of JANICE CLARE TODD. de. l-sed, ,h,,, tilt, of death was October Probate Division, 2022, is pendingqI19 in the CCirCircuitl.Clult fl, C.11- Count No P,ob the address of which is 3315 T­woiH T,.E.sl, Florida 31112. The names and addresses of the personal d the personal epr.sent forth l, All edI­s If the decedent and other IF-— having claims 01 d'oMod, Ig.i. d­denvs ­.leoz of thc,,,, tit. �, ed to be ­d! ­t file the?, dArn, - h this - q ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other -dricn, of the decedent and the, ptnorn having n,p ,1:!n,: or, demandsn',trDl, del,d` S e,,.Ie ound fdo Then claims with this IWITHIN MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOT' ' ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BAR - NOTWITHSTANDING THE TIME PERIODS Stir FORTH ABOVE ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE- DENT'S DATE OF DEATH 15 BARRED, The date of first publication ofIhIs ..Ille isJune 8, 2023. M-osy in, 1 11 ... I Rezusolwi­: Ty ler hun- Stahl. 1. hi. Ind. Be, Number: E F.2. THRuXEUD LAW, P.A. 3003 T..,I.i T-1 N., Suite 100 Naples, FL T,I,pho,,?4(2'3'9') 234-5034 Per r .Samuel l._h,D.,odcGI..eGI.-on, .d Cl­ .... 232 Neilson Ave. Waterloo, Ontarla C.o.dl. 1,121 2M3 Pu4 June 8, 15, 2023 S730267 Illumn == MKMDM= IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT COLLIER COUNTY, FLORIDA PROBATE DIVISION IN RE, ESTATE OF THOMAS J. CARROLL. C­ No.: 11-2023-CP.001365-0001-" Des, ... ed. NOTICE TO CRED ORS The administration of the estate I( THOMAS J. CARROLL, dl- P"W"I representative's .11,unly .,. Set 1-1, below. creditors ure-, of the de,edeot and other f,11w11 1,11119 Ili,, 11 dnolod, y,,l I d ... de.V, A,A,, lI,,df.g ono.-ed, o_ served must file o," 1*' 1 WITHIN this oolk, 11 el,Johns ,_J, this Issu" WITHIN THE LATER OF THREE (3) MONTHS AFTER THE DATE OF THE FIRST PUBLI A- TION OF THIS NOTICE OR THIRTY (30) DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other nedit-S f the decedent .d ot her pl,", having d.i.t I, denloIs in. decedent's'n.te. -luNg ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH IS BARRED. The date of fl,st p,'IIlId1I1 If IN, NIfll1 is 1.., 1,8., 2023. THOMAS MICHAEL CARROLL, P1111111 RIPleseloltIll 52 1 Cub Lane, s.e MIn.,ne., VA 22840 2 Attorney for Poll.oll R.Plelen-im MARK A PERRY, P.A. BB RE Fl 1, A­­ D,I,I h, H. 33183 Tell (1­61) 276-4 1 46 Fa.; (561) 276-3859 By: A. PERRY, ESQ. Florida B., No, 316806 Need to rent an APARTMENT or'-- HOUSE? Check out your local classifieds today. 1, sari .1..y, Ife do- in beef end sleep "To you, it's the perfect lift chair. ­,fi- pndbl,on, hip or lb,t.:6.s - and dozen, of other ninnent, and 'I.,. To me, it's the best sleep chair Those ro thesh.y :,ou'd ,.e Io, I c IT, I I, IF, 1,7 11, th.t s your "I"and I've ever had." 'g,, bn .4-1 you ­r, them, ­Ppott You, J. 'jtzgq;aJJ, ','A held and h-Idef, pnpe,Iy, and gJ11 t!,,J­b_PL.JzlG.T,n, Z"f"IfIn Sleep �­d% do" lit lh�l I I h." Isla; ­Idi,­ il', designed 07171 M-1 to provide ­,J,-forl_ Cb.­ you, preferred lea and- sage senmgs, /or hours of aaothing 111-lu.n. Re.1171o, I, watchL g TV Our th.1" ;edi,, t"fin.69y'll."Y" top.... the tInd, n In Infinite n,nolh.r of settings, rind b1 I "I, H I unI ­ 'fid Int hloko, IhIt lilt, the entire eDll,. f­rd, making it ­y to ,,and. 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C.11 ...1 journey perfqct. sleepchair 888-717-9419 Phase m.-oo ­.,d. 11,681 ,4- .,d.,i,, Gen0lna It>Ifa< ■ Long tW.q D­L,'", .tau., beavrybriy, " I "- -.1- uv.ev0 ,■0 Milr.L..- MIn, be, uly-o hr a= •ad r:. a,,..ev J ■■ 'W tlte...-:' e•.,ur,.v.uF..v,,n`mgkfa ,:.v_r 9eu.•u nyK l,)laurney ^ Packet Pg. 51 EA 3.A.b Rvi June 5, 2023 RE: Lord's Way 30 Acre RPUD PDI PL20230007509 Dear Property Owner: Please be advised that Lord's Way 30, LLC has filed an application (PL20230007509) with Collier County. This application is seeking approval of an Insubstantial Change to a Planned Unit Development (PDI). The Application will allow for the modification to a deviation to allow for a 5-foot-wide sidewalk on one side of the road where adjacent to the developments preserve area. The Lord's Way 30 Acre RPUD Property totals 30 +/- acres and is generally located on the southwest corner of the intersection of Hacienda Lakes Parkway and Carman Drive in unincorporated Collier County, Florida (see attached project location map). In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this application and ask questions. The Neighborhood Information Meeting will be held on Tuesday, June 27, 2023, at 5:30 p.m. at the Collier County South Regional Library, 8065 Lely Cultural Pkwy #9005, Naples, FL 34113, Meeting Room A. Attending virtually is also available via Zoom. Please visit www.zoom.us, click on "Join A Meeting" in the top right corner, and enter Zoom Meeting ID: 890 9256 9245, Passcode: 0000. Should you have questions prior to the meeting, please contact me directly at (239) 908- 3421 or JMedina(a),RViPlanning.com Thank you, :Vi Planning + Landscape Architecture Josephine Medina, AICP Project Manager RVi Planning + Landscape Architecture • 28100 Bonita Grande Drive, Sutie 305 • Bonita Springs, FL 34135 • 239. • www.rviplanning.com Packet Pg. 52 3.A.b Hacienda Lakes Parkwa a 0 m L 1..1 va E VC Rattlesnake Hammack R4 � PROJECT LOC:ATIC 1 M RVi Planning + Landscape Architecture i 2 of 2 Lord's Way 30 Acre (PDI) PL20230007509 Packet Pg. 53 3.A.b 3713 MILANO LAKES FL OWNER LLC 3805 TLE LLC 3805 TLW LLC % REVANTAGE PROPERTY TAX 7742 ALICO RD 7742 ALICO RD PO BOX A3878 FORT MYERS, FL 33912 --- 0 FORT MYERS, FL 33912 --- 0 CHICAGO, IL 60690 --- 0 3805 TLW LLC ACKERMAN, KEVIN MICHAEL ALI R GHAHRAMANI MD INVESTMENT 7742 ALICO RD CHRISTINE ACKERMAN LIMITED PARTNERSHIP FT MYERS, FL 33912 --- 0 3651 SAPPHIRE COVE CIR 7223 AYRSHIRE LN NAPLES, FL 34114 --- 0 BOCA RATON, FL 33496--- 1421 ARMENTANO, MATTHEW & SHERI-ANN BAILEY, NATALIE KARENE CANDINO, CHRISTOPHER 3770 SAPPHIRE COVE CIRCLE 3786 SAPPHIRE COVE CIR 3726 SAPPHIRE COVE CIR NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 CARMAN DRIVE 15 LLC CINQUEGRANA, BENNETT & DEBRA COLLADO, GEANETTE 7742 ALICO RD 3707 SAPPHIRE COVE CIR 3652 SAPPHIRE COVE CIR FORT MYERS, FL 33912 --- 0 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 COLLIER CNTY COREY, TIMOTHY COYNE, MARY P 3335 TAMIAMI TRAIL E ALISON MADELINE COREY WADE A MURRAY NAPLES, FL 34112 --- 0 150 DORSET ST 3663 SAPPHIRE COVE CIR SOUTH BURLINGTON, VT 05403 --- 0 NAPLES, FL 34114 --- 0 CRESPO, ALBERTO & EVELYN CROCKER, DENNIS J CUMMINGS, MALCOLM ROSS 3631 SAPPHIRE COVE CIR COLIN JAYNE GRABESKI BETH ANN CUMMINGS NAPLES, FL 34114 --- 0 3640 SAPPHIRE COVE CIR 3685 SAPPHIRE COVE CIR NAPLES, FL 34114 --- 0 NAPLES, FL 34114--- 2925 ELMENDORF, MARIE Y EXPOSITO, MOISES EYMAN, CASEY M 3636 SAPPHIRE COVE CIR RITA MARIA AGUILAR DELGADO JILL ELIZABETH EYMAN NAPLES, FL 34114 --- 0 3676 SAPPHIRE COVE CIR 7215 NORTH DRAKE CT NAPLES, FL 34114 --- 0 PEORIA, IL 61615 --- 0 EZ TRUST FL STAR CONSTRUCTION LLC FL STAR CONSTRUCTION LLC 3664 SAPPHIRE COVE CIR 7742 ALICO RD 7742 ALICO RD NAPLES, FL 34114 --- 0 FT MYERS, FL 33192 --- 0 FT MYERS, FL 33192 --- 0 FLICK V, LAWRENCE F FLORIDA POWER & LIGHT CO FRANCIS, THOMAS J & LYDIA LORI A BARAJAS PROPERTY TAX- PSX/JB 3722 SAPPHIRE COVE CIR 107 CHAPEL HILL CIR 700 UNIVERSE BLVD NAPLES, FL 34114 --- 0 PAOLI, PA 19301 --- 0 JUNO BEACH, FL 33408--- 2657 GALEANO, FERNANDO GALINA BELOVA REV TRUST GARANT, CHRISTINE MAGALI CASADO 6415 BLUE STEM CT 3753 SAPPHIRE COVE CIR 3778 SAPPHIRE COVE CIR LONG GROVE, IL 60047 --- 0 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 Packet Pg. 54 3.A.b GRACE A PRIDAL PETERS GRAW FAMILY TRUST HACIENDA LAKES CMNTY DEV DIST REVOCABLE TRUST 1414 CROIX CREST DR % REAS EST ECONOMETRICS INC 3681 SAPPHIRE COVE CIR HUDSON, WI 54016 --- 0 707 ORCHID DR STE 100 NAPLES, FL 34114 --- 0 NAPLES, FL 34102 --- 0 HACIENDA LAKES OF NAPLES LLC SWAMP BUGGY DAY INC STRATTON, HEATHER 7742 ALICO RD PO BOX 10528 3616 SAPHIRE COVE CIR FORT MYERS, FL 33912 --- 0 NAPLES, FL 34101 --- 528 NAPLES, FL 34114 --- 0 HART, JONATHAN D & JASMINE P HARVEY, ANTHONY & LAURA HIBBARD, KATHLEEN M & STEVEN M 3697 SAPPHIRE COVE CIR 3655 SAPPHIRE COVE CIR 3612 SAPPHIRE COVE CIR 6 NAPLES, FL 34114 --- 0 NAPLES, FL 34114--- 2925 NAPLES, FL 34114 --- 0 d 0 d w N JAFFE, SCOTT F & KATHERINE A JAFFER, ADIL & KATHLEEN I JANKOWSKI, ANDREW M L Q 759 NW 124TH AVE 3749 SAPPHIRE COVE CIR 3762 SAPPHIRE COVE CIR o CORALSPRINGS, FL 33071 --- 0 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 M tv Y) L JOHNSON, RONALD LATIGO NAPLES LLC LOCONTE, FRANK 0 3644 SAPPHIRE COVE CIR 11845 W OLYMPIC BLVD STE 515W KELLY L SAMSON NAPLES, FL 34114 --- 0 LOS ANGELES, CA 90064 --- 0 11 HART ST N BEVERLY, MA 01915 --- 0 W N N aI LORDS WAY 30 LLC SWEARINGEN, ALLEN HOWARD SWAMP BUGGY INC Y 7742 ALICO RD TAMI WALTER SWEARINGEN PO BOX 10528 R FORT MYERS, FL 33192 --- 0 3659 SAPPHIRE COVE CIR NAPLES, FL 34101 --- 0 Q. NAPLES, FL 34114 --- 0 Y tv m TARAFA, LUIS ALBERTO THOMAS, JANE THOMSA H SHANKER 2023 LV TRUST Q AILEEN LAFONT SUSAN HILTY MICHELE K SHANKER 2023 LV TRST ~ Z 3660 SAPPHIRE COVE CIR 3628 SAPPHIRE COVE CIR 3758 SAPPHIRE COVE CIR W NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 2 U Q t— H VLADIMIR VAYNER LIV TRUST WAGNER, ANDRE & HEIKE WANG, JIAJIN Q RITA TODRES VAYNER LIV TRUST 186 UPPER GULPH RD 3734 SAPPHIRE COVE CIR 3754 SAPPHIRE COVE CIR STRAFFORD, PA 19087 --- 0 NAPLES, FL 34114 --- 0 E NAPLES, FL 34114 --- 0 t cc .r ZALEWSKI, WALTER J & JUDITH B ZAPPIA, RICCARDO ZILBERMAN, VERA & MICHAEL 3693 SAPPHIRE COVE CIR 3714 SAPPHIRE COVE CIR 3604 SAPPHIRE COVE CIR NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 CLARK, CAROLYN ELIZABETH JAMES CLARK 78 MARLBOROUGH DR FREDERICTION E36 61<1 CANADA JANEIRO, DARLENE G & FRANK M 149 MILLER DR ANCASTER L9G 4W2 CANADA STANG, PEGGY DIANE DOUGLAS JAMES STANG 11 LAGUNA PKWY #33 BRECHIN LOK 160 CANADA r a Packet Pg. 55 3.A.b LOUGHERY, STEPHEN J LOWNDES, DAVID N MAROTTI, MELISSA CHRISTINE F LOUGHERY 3746 SAPPHIRE COVE CIR 3620 SAPPHIRE COVE CIR 3710 SAPHIRE COVE CIR NAPLES, FL 34114 --- 0 NAPLES, FL 34114--- 2925 NAPLES, FL 34114 --- 0 MATSON III, DUFFIELD W & SARAH MCLOUGHLIN, ANN MIDONECK, KENNETH & STEPHANIE 4960 SUNSET DR 3647 SAPPHIRE COVE CIR 4445 KINGS BARN CT #305 MIAMI, FL 33143 --- 0 NAPLES, FL 34114 --- 0 FT MYERS, FL 33916 --- 0 MIKULA, PATRYCJA MILLET, MARY G MONIZ, MANUEL & ODETTE DZOKO STOJANOV 3791 SAPPHIRE COVE CIR 3741 SAPPHIRE COVE CIR 3632 SAPPHIRE COVE CIR NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 MORGAN, STEPHEN E NABER, JEFFREY NAPLES COLLIER BLVD OWNER LLC RONALD W MCKENDREE DONALD W SCOTT 2500 BEE CAVES RD 3765 SAPPHIRE COVE CIR 3701 SAPPHIRE COVE CIR BLDG 1 STE 380 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 AUSTIN, TX 78746 --- 0 NOBLE FAMILY TRUST PEREZ, ARMANDO & MARIA C PHAM, HUNG D 38 LINCOLN ST 3745 SAPPHIRE COVE CIR 3761 SAPPHIRE COVE CIR GLENVIEW, IL 60025 --- 0 NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 PRATT, FREDY & BARBARA J RAZUMOV, DANIEL & IRINA RESTREPO SR, MAURICIO & KAREN 3774 SAPPHIRE COVE CIR 3643 SAPPHIRE COVE CIR MAURICIO RESTREPO JR NAPLES, FL 34114--- 2926 NAPLES, FL 34114 --- 0 FELIPE RESTREPO 3730 SAPPHIRE COVE CIR NAPLES, FL 34114 --- 0 ROSONE, EVA & BENEDETTO ROWE, JERALDE SHEEDY, MARK & SUSAN 3671 SAPPHIRE COVE CIR 15460 SW 162ND ST 3668 SAPPHIRE COVE CIR NAPLES, FL 34114 --- 0 MIAMI, FL 33187 --- 0 NAPLES, FL 34114 --- 0 SICILIANO, ROBERT E SILVERMINE HOLDINGS LLC SILVERMINE HOLDINGS LLC 3737 SAPPHIRE COVE CIRCLE 7742 ALICO RD 7742 ALICO RD NAPLES, FL 34114 --- 0 FORT MYERS, FL 33912 --- 0 FORT MYERS, FL 33912 --- 0 SLACK, MICHAEL KITZEL STONE, HAROLD LAUREN KRANAK SLACK MICHELE CARECCIO 3790 SAPPHIRE COVE CIR 3742 SAPPHIRE COVE CIR NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 Packet Pg. 56 w �J Q O m } Q> CI r w z rn N C) N L1J z �.r�¢T,i - 1 ' -w+-- . * r Of >CL cCco ' co '5 0- p O _0 a� Ln Ln Of Ln O U cn O O ry) Q cn Q N LL. co p p d d N m 2 Q i W oc o I �Sm b e LlA7 !s� ii 1 4 i it A. 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THE SUBJECT PROPERTY IS LOCATED ON THE LORD'S WAY ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 30t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130000827) WHEREAS, Robert J. Mulhere of Hole Montes, Inc. representing Lord's Way 30, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) for a 30.0± acre parcel to be known as the Lord's Way 30 Acre Planned Unit Development in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Lord's Way 30 Acre RPUD PUDZ-PL20130000827 — Rev. 1/21/14 Page 1 of 2 3.A.b Packet Pg. 65 PASSED AND DULY ADOPTED by super -majority vote of the Board of County I ommissioners of Collier County, Florida, this I day of NAIL .U14. kTTJ�'$r- :)WI° T -_W .CK b ERK el- tte! sign; Approved as to form and legality: �1,1 �- ut, f0(1- H idi Ashton-Cicko k\ v` Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNIN hairman Attachment: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit C-1 - ROW Section Exhibit C-2 - Typical Lot Layout Exhibit D - Legal Description Exhibit E - List of Deviations Exhibit F - List of Developer Commitments CP\ 13-CPS-01243\29 This ordinance filed with the Secretary of State's Office the 12"^day of , 2PI and acknowledgement of that filing receivedthiis� day of Lord's Way 30 Acre RPUD PUDZ-PL20130000827 —Rev. 1/21/14 Page 2 of 2 3.A.b CA Packet Pg. 66 3.A.b FLORIDA DEPARTMENT 4 STATE RICK SCOTT Governor March 17, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-11, which was filed in this office on March 17, 2014. Sincerely, Liz Cloud Program Administrator LC/elr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us Packet Pg. 67 3.A.b Lord's Way 30 Acre RPUD PDI-PL20230007509 ORIGINAL PUD REZONE STAFF REPORT Packet Pg. 68 AGENDA -ITEM . 3/11 /201 er County i Co STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT o a GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION o a HEARING DATE: JANUARY 16, 2014 a� L SUBJECT: PETITION PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD :i o (RESIDENTIAL PLANNED UNIT DEVELOPMENT) ;, �a APPLICANT: AGENT: c J Lord's Way 30, LLC Mr. Robert J. Mulhere, FAICP N Mr. David Torres, Manager Hole Montes, Inc. CM 3921 Prospect Avenue 950 Encore Way v Naples, Florida 34104 Naples, Florida 34110 a� OWNER: a a Marco Island Group LLC 206 Dudley Road m Wilton, CT 06897 a z REOUESTED ACTION: x U The petitioner requests that the Collier County Planning Commission (CCPC) consider amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described a real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district to allow up to 75 residential dwelling units and a clubhouse for a project to be known as The Lord's Way 30 Acre RPUD. �a GEOGRAPHIC LOCATION: a The 30± acre subject property is located on the east side of Collier Boulevard (CR 951) and on the south side of The Lord's Way in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (See Location Map on following page.) PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 1 of 17 Packet Page -1239- Packet Pg. 69 (Iad andN GJ:)V O£ ABM S.PJO-1 : OZZ9Z) a6e3I:)eddnjoe8 - d 1N3WH3V.L.L d :;uOwLj3e};y 3M5 Ol ak nL F-I I � O Z O �gg 8 g R - O O <� log x a o^ a x 3 41 CalLIND 3'xge we •tl a �y � R 1 7y`q OtlrA31(gp tl311.10'j � , lip 11E_ qQ D pp 6 " — SAS IOLLYl/ML M Q� 3 � JK]$ wrews rLrros p� s " H i` gage B gs� i S' R PI 17.F Packet Page -1240- 3/11 /201 0 m rn u 2 u E a y. 0 d EE 0 (V 1 M O f` 0 a- D_ O U x 0 ZONED: MPUD R.O.W. RESERVATION BY ADJACENT PROPERTY 91 0 z Zp oV5 1-= z > rw— D_ x Nw wr oQ z� wQ �o w� In w Q w 1— O � MAXIMUM PERMITTED DENSITY= 75 UNITS LAND USE SUMMARY DESCRIPTION Ac.t Pct. RESIDENTIAL (TRACT 'R') 18.54 61.5% ROADWAY (TRACT 'ROW') 3.73 12.4% PRESERVE (TRACT 'P') 3.51 11.6% LAKE (TRACT 'L') 4.31 14.4% EASEMENT (C.U.E.) 0.04 0.1% TOTAL 30.13 100.0% NATIVE VEGETATION & OPEN SPACE Existing Native Vegetation = 10.93t Ac. Required Native Preservation = 250 of Existing Native Vegetation 10.93 x 0.25 = 2.73t Acres Required Native Vegetation Provided = 3.51t Ac. * Upen Space Required = 6U% 01 Gross Area 30.13 x 0.6 = 18.081- Acres Required Open Space Provided = 18.08t Acres * At a Minimum COUNTY UTILITY EASEMENT 20' TYPE 'C' PERIMETER I' BUFFER �I i EXISTING GRAVEL ROAD �I I i I I I Q II � III I N III I � I II I I II10 `J 200 III I IIISCALE IN FEET II I) 09/25/2013 12/13/2013 I� 12/17/2013 I I I �I II DENOTES LOCATIONS OF PUD DEVIATIONS 1, 3 AND 5. DEVIATION 2 WILL OCCUR THROUGHOUT PUD AND DEVIATION 4 MAY OCCUR IN A TO BE DETERMINED AMMENITIES SITE LOCATION. 950 Encore Way Na lea, FL 34110 9Phone' 1239) 254-2000 MHM LORDS WAY 30 Ac RPM RPUD MASTER PLAN CHECKED BY : cxH. PROJECT No. 2rn3 DRAWN BY ,IOH NAM CAD FILE NAME 3oZs�u� Florida Certificate of�+ EXHIBIT C DATE : ExNleir - ITEM DomfUY165.9�IIEIQlS Authorization No.1772 09 2013 Ci Packet Page -1241- Packet Pg. 71 3/11 /20 11 PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone 30f acres of vacant, undeveloped land zoned Rural Agricultural (A) to Residential Planned Unit Development (RPUD) to allow a maximum of 75 residential dwelling units along with associated recreation and open space uses. The PUD proposes the development of no more than 75 single-family and multi -family residential units with a density of 2.5 dwelling units per acre. All of the buildings except for the townhome or multi -family buildings are a maximum of two stories and will have a zoned height of 35 feet and an actual height of 42 feet. The townhome or multi -family buildings are a maximum of four stories and will have a zoned height of 50 feet and an actual height of 57 feet. Ingress/egress will be from The Lord's Way which leads to Collier Boulevard (CR 951). The Master Plan provided on the previous pages of this Staff Report depicts the areas of residential development, a lake, and traffic/pedestrian circulation. The Master Plan also shows that 18.54 acres will be residential area, 4.31 acres will be a lake, and 3.51 acres will be preserve area. In addition, the open space requirement of 60 percent will be provided. Landscape buffering requirements are met by a 20-foot wide Type D right-of-way Landscape Buffer (trees 30 feet on center) adjacent to The Lord's Way. A 20-foot wide Type C Landscape Buffer (a double row of trees at 25 feet on center with a 6-foot high hedge or wall) will be provided along the east property line. A 10-foot wide Type A Landscape Buffer will be provided along the west property line adjacent to vacant undeveloped Rural Agriculture (A) zoned land. No landscape buffer is required adjacent to the preserve area along the south property line. A deviation is being sought for a Type B Landscape Buffer that is required along the lake between recreational area and residential area. (For more information, please refer to the Deviations section of this Staff Report.) SURROUNDING LAND USE AND ZONING: North: The Lord's Way (a roadway), then a partially developed residential rehabilitation area with a zoning designation of First Assembly Ministries Education and Rehabilitation Campus MPUD (Mixed -use Planned Development) East: Swamp Buggy Grounds with a zoning designation of Hacienda Lakes MPUD South: Undeveloped land and an FPL substation with a zoning designation of Rural Agriculture (A) West: Undeveloped land with a zoning designation of Rural Agriculture (A) PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 4 of 17 Packet Page -1242- Packet Pg. 72 3/11 /201 AERLAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban — Mixed Use District, Urban Residential Fringe Subdistrict, as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMT). Relative to this petition, the Urban Residential Fringe Subdistrict allows a residential density of 1.5 dwelling units per acre (DU/A) and of 2.5 DU/A via use of Transfer of Development Rights (TDR) credits — as well as associated recreational uses and essential services. TDR credits must be obtained from Rural Fringe Mixed Use District Sending Lands located within one mile of the Urban Residential Fringe Subdistrict. This PUD proposes the maximum eligible density of 75 dwelling units (30 acres X 2.5 DU/A = 75 DUs). The Urban Residential Fringe Subdistrict also requires that development be fully responsible for all necessary water management improvements, including the routing of all on -site and appropriate off- PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 1.0 11 Page 5 of 17 Packet Page -1243- Packet Pg. 73 3/11 /201 site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Please refer to the Zoning and Land Development Review section of this Staff Report for further information. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort *to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit C, RPUD Master Plan, depicts a single, direct access to The Lord's Way, leading to Collier Boulevard, classified as arterial road in the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C, RPUD Master Plan, depicts a private roadway loop that runs around the project.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit C, RPUD Master Plan, does not depict interconnections with any abutting properties. To the north is The Lord's Way. Staff recognizes how the Florida Sports Park to the east makes vehicular connection infeasible. A wetland preserve is along the southern boundary - required by the South Florida Water Management District — precluding an interconnection there. The abutting 10-acre A -zoned property to the west does offer an opportunity where an interconnection appears possible. However, the feasibility of a vehicular interconnection is questionable: that 10-acre site is limited to a maximum of 25 DUs (2.5 DU/A, same as the subject site); the relatively small size of, and low density allowed on, the subject site and that adjacent site limits the functional benefit of an interconnection and limits design flexibility for either project without potential loss of one or more single family dwelling unit sites (should the projects develop as single family).] PUDZ-PL20130000627, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 6 of 17 Packet Page -1244- Packet Pg. 74 3/11/201 Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The PUD allows for a variety of dwelling unit types and indicates the required 60% open space will be provided. As to "walkable communities," the applicant proposes a walkable design. Sidewalks (5 feet wide) will be provided on both sides of the street except where abutting the preserve, in which case a sidewalk (8 feet wide) will be provided on one side only. Exhibit C, RPUD Master Plan, does not depict non -vehicular interconnections with any abutting properties — even though the opportunities to do so are there — to the east and west. The lack of pedestrian and bicycle interconnection with abutting properties introduces and fosters a development style not encouraged by the County, and establishes closed boundaries where future development will be unable to interconnect.] REVIEW OF PUD DOCUMENT: Exhibit F, List of Developer Commitments: Add a commitment to provide non -vehicular interconnection to the property to the east and the property to the west. Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land Use Element — subject to the above additions to the PUD Exhibit F. Transportation Element: N Transportation Planning staff has reviewed the petitioner's Traffic lmpact Statement (TIS) and has,00 W determined that the adjacent roadway network has sufficient capacity to accommodate this project Y within the 5 year planning period. Staff recommends that the subject application be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). a a Collier Boulevard (CR 951) Impacts: m Link 34.0, Collier Boulevard between Davis Boulevard and Rattlesnake Hammock, is the first concurrency link impacted by this rezoning. The project generates a total of 81 p.m. peak hour, two- Q way trips. Of those trips, 24 result in a peak direction, peak hour directional impact which results in z a 0.9 percent impact. . x U Conservation and Coastal Management Element (COME): Environmental review staff found this project to be consistent with the Conservation and Coastal Management Element (CCME). a The project site consists of 10.93 acres of native vegetation; a minimum of 2.73 (25%) acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. E Based on the above analysis and the Staff Recommendation at the end of this Staff Report, a Comprehensive Planning staff can find the proposed rezone consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.S., PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 7 of 17 Packet Page -1245- Packet Pg. 75 3/11 /20 Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. The PUD Master Plan provides a 3.51 acre Preserve, which exceeds the minimum requirement of 2.73 acres. The application information indicated that the location of the preserve area along the south project boundary was based on the recommendation of the U.S. Army Corps of Engineers (COE) and Environmental Protection Agency (EPA). During the federal review process, the EPA recommended a reduction of wetland impacts by expansion of the onsite preserve along the southern boundary to provide for further connection to adjacent undeveloped forested wetlands to the south. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Staff has reviewed this petition and recommends approval subject to the Development Commitment in Exhibit F that the cost of signalization of Collier Boulevard at The Lord's Way is shared with other developments located in the area. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval subject to the Development Commitment contained in Exhibit "F" of the proposed RPUD document. Emergency Management Review: The Emergency Management staff has reviewed the petition and has no concerns. Zoning and Land Development Review: The subject site is surrounded developed, undeveloped and partially developed land.. As previously stated, to the east is a parking area and race track that are part of the Swamp Buggy Grounds. To the southwest is an FPL substation and undeveloped land. To the west is undeveloped land. To the north is partially developed lands consisting of a lake and roadways. The most significant impact to this proposed residential development is the Swamp Buggy Grounds. To address the Swamp Buggy event noise, the petitioner has committed to: A. Provide a noise disclosure to any potential resident. B. Record a notice of proximity to the Florida Sports Park and Swamp Buggy Grounds in the Public Records of Collier County. C. Construct residential buildings to an ambient sound level reduction of SLR 35 decibels. For further information regarding the Developer Commitments, see Exhibit F, List of Develper Commitments in the PUD document. PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 8 of 17 Packet Page -1246- Packet Pg. 76 3/11/2014= In addition, the petitioner is seeking a Deviation to provide additional buffering. Deviation number � 3 seeks to permit a wall greater than the allowed 6-foot height to permit a taller wall at 8-foot height. For further discussion of the Deviation, see the Deviation section of this Staff Report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff s responses to these criteria are provided in non -bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. Subject to the Staff Recommendation, the Comprehensive Planning Section has indicated that the proposed PUD rezone is consistent with all applicable provisions of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. N As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the C zoning review analysis, the neighborhood's existing land use pattern can be characterized as undeveloped agricultural lands, sports park lands, and residential rehabilitation lands. a 3 Y 3. The possible creation of an isolated district unrelated to adjacent and nearby districts.CU m The subject parcel is of sufficient size that it will not result in an isolated district unrelated to Q adjacent and nearby districts. It is also comparable with expected land uses by virtue of its w consistency with the FLUE of the GMP. x As described in the Staff Report, the subject site is surrounded by the Swamp Buggy to the east; undeveloped land and an FPL substation with an Agricultural zoning designation to the south. To the a west of the subject site is undeveloped land with an Agricultural zoning designation; to the north is a partially developed residential rehabilitation area with a zoning designation of First Assembly Ministries Education and Rehabilitation Campus MPUD (Mixed -use Planned Development). r 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the a property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 9 of 17 Packet Page -1247- Packet Pg. 77 3.A.b 3/11 /20 10-1.1 The growth and development trends, changing market conditions, specifically the development of the site with residences, and the development of the surrounding area, support the proposed PUD. This site is located within an area of development with a mixture of uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change should not adversely influence living conditions in the existing neighborhood. However, the adjacent Swamp Buggy Grounds will have an impact on the proposed residential development. As previously noted in the Staff Report, the petitioner has made Developer Commitments and requested Deviations that will mitigate for the noise emanating from the Swamp Buggy Grounds. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with the applicable policies of the Traffic Element of the GNP. The proposed development was found consistent with those policies. Additional transportation commitments are contained in Exhibit "F" of the PUD document. ^ 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD rezone will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Property to the north is partially developed and property to the east of the subject site is already developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 10 of 17 Packet Page -1248- Packet Pg. 78 3/11 /201 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change suggested is not out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GNP and the LDC; and staff does not review other sites in conjunction with a specific petition. � 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these residential sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMT and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 11 of 17 Packet Page -1249- Packet Pg. 79 3/11 /201 1-N PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. In addition, the commitments included in the PUD exhibit adequately address the impacts from the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development plan approval. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis and the Staff Recommendation, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As previously stated in this Staff Report, the biggest impact on compatibility with the proposed development is the Swamp Buggy Grounds. The petitioner has adequately address the compatibility issues through Developer Commitments and requested Deviations that will mitigate for the noise emanating from the Swamp Buggy Grounds. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 12 of 17 Packet Page -1250- Packet Pg. 80 3/11 /201 100 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GNP Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking 5 deviations to allow design flexibility in compliance with the purpose and N intent of the Planned Unit Development Districts (LDC Section 2.03.06 A). This criterion requires 4 an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development_ standards that would be required for the most similar conventional zoning district. Staff believes that the 8 deviations proposed can be supported, finding that, in compliance a a with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.S.h., the petitioner has demonstrated that the deviations are "justified as meeting public 00 purposes to a degree at least equivalent to literal application of such regulations." Q z Please refer to the Deviation Discussion below for a more extensive examination of the deviations. x U Deviation Discussion: The petitioner is seeking 5 deviations from general LDC requirements and has provided justification in support of the deviations. Staff has analyzed the deviation requests and a provides the analysis and recommendations below: d E Deviation # 1 seeks relief from LDC Section 6.06.01. N. "Street System Requirements," which 0 requires a minimum 60-foot right-of-way width for a local street to allow a minimum 42 foot right- of-way width. Petitioner's Rationale: The applicant states that the justification for this deviation is that this right- of-way width can be found sufficient to accommodate travel lanes, drainage facilities, and utilities. This deviation is routinely granted, particularly for small scale residential projects such as this, where traffic volumes are low and internal traffic is limited to that directly related to the project. PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 13 of 17 Packet Page -1251- Packet Pg. 81 3/11 /201 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 2 Deviation 2 seeks relief from LDC Section 6.01.02.B.2, "Drainage Easements," which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. All installations will follow OSHA and ACPA Standards. Petitioner's Rationale: The applicant states that the justification for this deviation is that piping of smaller diameter and shallow burial depth can be adequately maintained within a 10-foot wide easement provided all installations follow OSHA and ACPA Standards. There is no objection from County Engineering, and this deviation has been previously granted. Staff ff Analysis and Recommendation: Zoning and Land Development Review staff' recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 MI., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 3 seeks relief from LDC Section 5.03.02.C, Fences and Walls, which limits the fence or wall height to 6 feet, to allow a perimeter wall or fence and berm in combination up to 13 feet in height, (including an 8-foot fence or wall installed on the perimeter berm, which will be between 2 and 5 feet in height). Petitioner's Rationale: The justification for this deviation is that the berm is necessary to meet SWFWMD permitting requirements and the wall will provide an appropriate perimeter buffer from adjacent nonresidential land uses, including roadways, Swamp Buggy/Sports Park use, and agricultural uses. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 4 seeks relief from LDC Section 6,06,02A. i ., "Sidewalks, Bike Lane and Pathway Requirements," which requires sidewalks on both sides of the street, to allow a single 8 foot -wide sidewalk on only one side of a street where the street is adjacent to the preserve. Petitioner's Rationale: The justification for this deviation is that where the internal loop road is adjacent to preserve, dwelling units are located on only one side of the road. This Deviation has been PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 14 of 17 Packet Page -1252- Packet Pg. 82 3/11 /201 granted in several other PUDs where this condition occurs Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 5 seeks relief from LDC Section 4.06.02.C.2, "Buffer Requirements," which requires a typical Type "B" buffer width of 15 feet, to allow such buffers on the Amenity Center/Clubhouse tract, if constructed, to be a minimum of 10 feet in width with Type "B" buffer vegetation installed. Petitioner's Rationale: The justification for this deviation is that the deviation will allow for parking in supported of the clubhouse facility, should one be constructed. Since the same Type "B" Buffer vegetation can easily be provide for in the 10 foot width. Moreover, this will be a relatively small clubhouse/amenity center site, in keeping with the relatively low density (75 dwelling units) in the PUD. Finally, the clubhouse site, if provided, will be identified on the subdivision plat for the project, and potential purchases of lots adjacent (2) will be aware of the clubhouse and amenity center use. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends N approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has a� demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.51., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal a application of such regulations." NEIGHBORHOOD INFORMATION MEETING t1�iIMl• 00 a The agent/applicant duly noticed and held the required NIM on November 18, 2013. For further w information, please see Attachment B: "Neighborhood Information Meeting Notes." x U COUNTY ATTORNEY OFFICE REVIEW: a The County Attorney Office has reviewed the staff report for Petition PUDZ-PL20130000827, revised on December 23, 2013. E s RECOMMENDATION: a Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-PL20130000827 to the Board of County Commissioners with a recom- mendation of approval subject to the following stipulation: 1. Add a commitment to Exhibit F List of Developer Commitments to provide non -vehicular interconnection to the property to the east and to the property to the west. PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 15 of 17 Packet Page -1253- Packet Pg. 83 3/11 /20 Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Neighborhood Information Notes PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 31, 2013 Page 16 of 17 Packet Page -1254- Packet Pg. 84 3/11 /201 PREPARED BY: )6AAA,W JVA"_-pz• � t NANCY G CH, AICP, PRINCIPAL PLANNER DATE GROWTH AGEMENT DIVISION REVIEWED BY: /101w /010�� lZ-16.1.3 RAYmoyb V. BELLOWS, ZONING MANAGER DATE GROWT14 MANAGEMENT DIVISION �.7 7 r MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION BY: CASALANGUIDA, ADMINISTRATOR JTH MANAGEMENT DIVISION PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD December 17, 2013 DATE 100 a Page 17 of 17 Packet Page -1255- Packet Pg. 85 3.A.c EXHIBIT A LORD'S WAY 30 ACRE RPUD PERMITTED USES 1. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: Single-family detached dwellings. 2. Single-family attached dwellings. 3. Two-family and single-family zero lot line. 4. Townhouse and multi -family. 5. A recreational building or clubhouse, with typical accessory recreational facilities shall be permitted which serves the residents and their guests. The location of such recreational building and facilities shall be denoted on the first subdivision plat or Site Development Plan for the project, as the case may be, prior to sale of any platted lots or condominium units. 6. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner ("HEX") by the process outlined in the Land Development Code ("LDC"). B. Accessory Uses: Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and screen enclosures. 2. Essential services as set forth under Land Development Code, Section 2.01.03. 3. Guardhouses, gatehouses and access control structures. 4. Temporary construction, sales and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. Page I of 11 Packet Pg. 86 3.A.c 2. PRESERVE/TRACT P The minimum required native vegetation preservation is 2.73 acres (25% of 10.93 acres of IF existing native vegetation). The "P" Preserve Tract provides for the preservation of 3.51 acres of native vegetation. This exceeds the minimum required amount of native vegetation id preservation by 0.78 acres. 3. MAXIMUM DWELLING UNITS The maximum dwelling units shall be seventy-five (75) provided that 30 of the maximum 75 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP (Growth Management Plan). Page 2 of 11 Packet Pg. 87 3.A.c EXHIBIT B LORD'S WAY 30 ACRE RPUD Exhibit B Table 1 below sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision plat. DEVELOPMENT STANDARDS TABLE 1 PERIMETER PUD SETBACK: The perimeter PUD setback shall be, at a minimum, equal to the required width of perimeter landscape buffers. PLATTED RESIDENTIAL OR AMENITY CENTER LOTS DEVELOPMENT STANDARDS SINGLE- FAMILY SINGLE-FAMILY ATTACHED TWO-FAMILY & SINGLE-FAMILY ZERO LOT LINE TOWNHOME or MULTI- FAMILY CLUBHOUSE/ RECREATION BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,800 S.F. PER UNIT 1,800 S.F. PER UNIT 4,000 S.F. PER UNIT 10,000 S.F. PER BLDG. N/A MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A N/A MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER UNIT 1,200 S.F. PER UNIT 1,000 S.F. PER UNIT N/A MINIMUM FRONT YARD 23 FEET 23 FEET 23 FEET 23 FEET N/A MINIMUM SIDE YARD 6 FEET 0 OR 6 FEET 0 OR 6 FEET 2 0 or 15 FEET 20 FEET MINIMUM REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEEV MINIMUM PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 20 FEET 12 FEET 20 FEET 12 FEET MAIMUM BUILDING HEIGHT - ZONED 35 FEET NTE 2 STORIES 35 FEET NTE 2 STORIES 35 FEET NTE 2 STORIES 50 FEET NTE 4 STORIES 35 FEET NTE 2 STORIES MAXIMUM BUILDING HEIGHT - ACTUAL 42 FEET 42 FEET 42 FEET 57 FEET 42 FEET ACCESSORY STRUCTURES FRONT SPS SPS SPS 23FEET SPS SIDE SPS SPS SPS SPS SPS REAR 4 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAXIMUM HEIGHT ZONED & ACTUAL S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. NTE = Not to Exceed; S.P.S. = Same as Principal Structures; BLDG. = Building; S.F. = Square Feet; N/A = Not Applicable General: Except as provided for herein, all criteria set forth in Exhibit B below shall be understood to be in relation to individual parcel or lot boundary lines or between structures. Condominium and/or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes: 1 Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage, and a minimum 10' front yard setback along the other street frontage. Front entry garages shall be at least 23 feet from back of sidewalk. Where side entry garages are provided, the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk, however, in no case shall the front setback be less than 10. Page 3ofII Packet Pg. 88 3.A.c 2 6' minimum side setbacks for single-family attached, two-family and single-family zero lot line must be accompanied by another 6' minimum side setback on adjoining lot to achieve minimum 12' separation. 3 Should an "Amenity Center/Clubhouse" be constructed, it may be partially constructed up to lake edge and a deck area may extend into (over) the lake, in accordance with the permit requirements or limitations of the South Florida Water Management District. Should the Amenity Center/Clubhouse be constructed up to lake edge, or contain a deck area extending (over) the lake, the normally required buffer area and landscape plantings shall redistributed to the other buffers on the Amenity Center/Clubhouse site. Refer to Deviation No. 5. ° Rear yards adjacent to the Lake Maintenance Easement (or tract) or adjacent to a perimeter landscape buffer shall not be subject to the rear yard accessory structure setback. Page 4 of 11 Packet Pg. 89 3.A.c ZONED: MPUD 30' R.O.W. RESERVATION BY ADJACENT PROPERTY - EXISTING OWNER FOR FUTURE ROADWAY EXPANSION GRAVEL ROAD�—THE LORD'S WAY — Of 0 w zo 0V) z irx (w w �3 z n z .Q w0 uio wf Lnw aEr Li O => t7 w d 0 W Z O N Mw Q� >0 0 �ww 0 �EnW sown zoa <_o az w Ho_O¢ 0 5; Dow X � i wa Cl- w mw O Q F z:mIn 10' TYPE 'A' PERIMETER BUFFER TRACT 'R' Residential TRACT V Lake TRACT 'R' Residential 20' TYPE 'D' PERIMETER BUFFER COUNTY ! I I UTILITY (( EASEMENT 20' TYPE 'C' PERIMETER BUFFER i I I ( EXISTING GRAVEL �( ROAD )III ! Ill 3 I( � �C U� III o (p W 0 ' I I !I(I ! III ! III A.. I1110 200 1 III I IISCALE IN FEET ! W W II 12/13/=3 ! Y W W P.W W W I 12/17/2013 ! W W W W W W WTR AW1I�1 01/14/Z04 W W W W W W W W Rrea'erve W W W W W (I •Y W W W W W— � II ZONED: A MAXIMUM PERMITTED DENSITY=DENOTES LOCATIONS OF PUD 75 UNITS DEVIA71ONS 1. 3 AND 4. NATIVE VEGETATION & OPEN SPACE DEMA110N 2 NALL OCCUR LAND USE SUMMARY Existing Native Vegetation = 10.93m Ac. THROUGHOUT PUD AND Required Native Preservation = DEVIATION .1 MAY OCCUR IN DESCRIPTION Ac.± Pet. 25% of Existing Native Vegetation AM BE DETERMINED RESIDENTIAL (TRACT 'R') 18.54 61.51 10.93 x 0.25 = 2.73x Acres Required Native ROADWAY (TRACT 'ROW') 3.73 12.4`a Vegetation Provided = 3.51± Ac. * AMENITIES SITE LOCATION. PRESERVE (TRACT 'P') 3.51 11.6% Open Space Required = 60% of Gross Area LAKE (TRACT 'L') 4.31 14.4% 30.13 x 0.6 = 18.08± Acres Required EASEMENT (C.U.E.) 0.04 0.1% Open Space Provided = 18.08a Acres TOTAL 30.13 100.0% is pt a 1Ttntsu. SSO Encore Way CHECKED BY PROJECT No. Na es. FL. 34110 LORD'S WAY 30 Ac WW QKK 2013= Phony (2235) 254-2= F" MAM QTd N DRAVM BY; CAD FlLE NAME: FlwMa CK1lffoah of Q� ruy� .lay �o2��wA A~zallon No.1772 E*W C DATE : EXHIBIT — ITEM OY 3 C Page 5 of 1 l Packet Pg. 90 §Qd QndN &OVOCA M %po]:OZZ Z s BueCQeneneue-1 and - El 1N3mH3VllV uOwt4,e■!V ----- ■!2 � ® -- 14. , m � W.|��§ zB 04 o |(,� |�2k E A _ _ O Cn i_ d cc - -- 0 ul Q p Z cn k � W ® % zz p ,C4 CO D C! O W $ U) j 3 w i d 0 x 2 � k � z z s 2 « lz \�§)\ � �§ z § § ¢ 2 @� ` 0//§) � m z C.2+c{) ~ ƒ > ■ d�� b z w Leix» ¥ q ~�> .. @ > R z` z Li « n \ \ _§ ®mom , — — — — — -- 08�]|}|)§� Page 6 of I H: !3\2@l23\W mmTcPELora Way 2Acre RPEn(mo-R2,a000wu29 G&Zm*dx 9 L A K E — --- LAKE CONTROL ELEV. 20M.E. PROPERTY LINE W WI I W W W W, W W W W W I I I 25' SETBACK PRINCIPAL STRUCTURE TO PRESERVE I , I � 6' MIN. FOR SINGLE FAMILY DETACHED, 0' OR 6' FOR SINGLE FAMILY ATTACHED. TOWNHOUSE. TWO—FAMILY AND SINGLE FAMILY ZERO LOT LINE. i 6' MIN. SIDE YARD SETBACK MUST BE ACCOMPANIED BY ANOTHER 6' MIN. SETBACK ON ADJOINING LOT TO ACHIEVE MINIMUM 12' SEPARATION. I I I I I PROPERTY LINE I I I I I I i 1 I i I ACCESSORY STRUCTURE (E.G. POOL) RESIDENCE 6' MIN. 23' MIN. FOR FRONT —ENTRY GARAGE MAY BE REDUCED FOR SIDE ENTRY GARAGE IF DESIGNED SO THAT A PARKED VEHICLE WILL NOT I ENCROACH UPON THE SIDEWALK. IN NO CASE SHALL THE FRONT I I R.O.W. L SETBACK OF A SIDE ENTRY GARAGE BE LESS THAN 10'. SIDEWALK K_ ROADWAY I I I I I I I I I I I 10' SETBACK ACCESSORY STRUCTURE TO PRESERVE PROPERTY LINE 6' MIN. 01 /14/2014 SIDEWALK 12/13/2013 — — — — — — 09/25/2013 NOT TO SCALE 950 Encore Way LOWS WAY 30 AC RPW ECKED BY a' QHA PROJECT No. 2011023 Naples, FL. 34110 DRANN BY : CAD FlLE NAYS Phone: (239) 254 2000 /y' �� LOT LAY'W � HOLE MONMIS Florida Certificate of Ida ,10N 3023 Lff DATE : IXXH - ITEM 9>�11 A� Authorization No.1772 � C.2 DO 3 D6�1T C-2 Page 7 of 11 3.A.c Packet Pg. 92 3.A.c EXHIBIT D LORD'S WAY 30 ACRE RPUD LEGAL DESCRIPTION Parcel 1 The West''/2 of the East %2 of the Northeast'/4 of the Southwest'/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Parcel 2 The East %2 of the East '/2 of the Northeast'/4 of the Southwest'/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Parcel 3 The East %2 of the West '/2 of the Northeast %4 of the Southwest '/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Page 8 of 11 Packet Pg. 93 3.A.c EXHIBIT E LORD'S WAY 30 ACRE RPUD LIST OF REQUESTED DEVIATIONS FROM LDC PRIVATE ROADWAY WIDTH Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which requires a 60-foot right-of-way width, to allow that the private roadway shall have a minimum 42 foot right-of-way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width f'or storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. All installations will follow OSHA and ACPA Standards. PERIMETER WALL/FENCE HEIGHT 3. Deviation No. 3 seeks relief from LDC Section 5.03.02.0 Fences and Walls and Section 4.06.02.C.3, Types of Buffers, which limit the fence or wall height to 6 feet, to allow a perimeter wall or fence and berm in combination up to thirteen (13) feet in height, (including an eight (8) foot fence or wall installed on the perimeter berm, which will be between 2 and 5 feet in height). SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single e M five ($5) foot -wide sidewalk on only one side of a street where the street is adjacent to the preserve. AMENITY SITE LANDSCAPE BUFFERS 5. Deviation No. 5 seeks relief from LDC Section 4.06.02.C.2, Buffer Requirements, which requires a typical Type "B" buffer width of 15 feet, to allow such buffers on the Amenity Center/Clubhouse tract, if constructed, to be a minimum of 10 feet in width with Type "B" buffer vegetation installed. Page 9 of 11 Packet Pg. 94 3.A.c EXHIBIT F LORD'S WAY 30 ACRE RPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. When the Collier Boulevard at The Lord's Way intersection at CR-951 is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. These improvements are site -related improvements and shall not be eligible for impact fee credits. B. If at the time of application of the first plat or first Site Development Plan (SDP) for this development, The Lord's Way along the development's frontage is not improved to County standards for a two-lane paved local road, The Lord's Way shall be constructed by the developer to the County's standards for a two-lane paved local road from the eastern terminus of the existing paved The Lord's Way to a point adjacent to the eastern property line of the development. This shall include an eastbound right -turn lane into the development. Stormwater management for this segment of road shall be accommodated in the stormwater management system of this development. This shall occur prior to the issuance of a Certificate of Occupancy (CO) for the first building permit within the project. These improvements are site -related and shall not be eligible for impact fee credits. C. A 6" thick, 5-foot wide concrete sidewalk shall be installed on the south side of The Lord's Way along the frontage of the development prior to the issuance of the first CO for any residential building permit within the project. 2. UTILITY REQUIREMENTS A. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. 3. PLANNING A. The developer, it successor or assignee, shall provide to any potential resident a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, Florida within the Florida Sports Park (within the Hacienda Lakes RPUD) as it relates to the location of this RPUD. The statement shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which may be heard on the Lord's Way 30 Acre PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. This statement must be presented to the buyer prior to entering into any sales contract. Page 10 of 11 Packet Pg. 95 3.A.c B. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. The legal description of the PUD shall be attached to the notice. C. The eastern boundary of the RPUD shall be landscaped in accordance with the requirements for a Type C buffer. D. All residential buildings shall be constructed in a manner to provide an exterior ambient sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection 4.02.06.N.6.g. 4. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Lord's Way 30, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5. DENSITY CALCULATION AND TRANSFER OF DEVELOPMENT RIGHTS (TDR) CREDITS A. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. Page 11 of 11 Packet Pg. 96 3.A.d sTl`= r, July 24, 2023 Collier County GMD 2800 North Horseshoe Drive Naples, FL 34104 Re: Letter of No Objection PL20230007509 - Lord's Way 30 Acre RPUD To Whom It May Concern: am the President of the Sapphire Cove Homeowners Association and I have no objection to the insubstantial change to the Lord's Way 30 Acre RPUD, Application No. PL20230007509. Regards, Gary H ins President, Sapphire Cove HOA Packet Pg. 97 ,�� �2,► � �1 �■ :� ��,�� _ � _�' �. ,mot ., .� �� _ III �'\�.' r� ��rYY� YYr - 3.A.e Co ler County Growth Management Community Development Department Zoning Division PUBLIC HEARING NOTICE Lord's Way 30 Acre RPUD (PDI) Petition Type: Planned Unit Development Insubstantial Change Petition No.: PL20230007509 Planner Name: Sean Sammon Phone: (239) 252-8422 This is to advise you of an upcoming public hearing because you may have interest in the proceedings, or you own property located near the vicinity of the following property. j� A Bette N For more information, or to register to participate remotely: https://bit.ly/PubIic_Hearings *Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues 0g For difficulties registering please call Ailyn Padron at (239) 252-5187 or email to ailyn.padron@CollierCountyFL.Gov. Hearing Examiner: Date: 08/24/2023 Time: 09:00 AM Location: GMD Conference Room 609/610 a. 2800 N. Horseshoe Dr, Naples, FL 34104 a. a Meeting information: Individual speakers may be M limited to five (5) minutes on any item. Persons wishing to have written or graphic materials included � in the agenda packets must submit materials a minimum of ten (10) days prior to the respective o public hearing, to the county staff member noted J above. All material used in presentations before the N Hearing Examiner 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 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division, located at 2800 N. Horseshoe Drive, Naples, FL 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available upon request. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Community Development Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. See reverse for more information I Packet Pg. 99 3.A.e Hearing Examiner to consider the following: PETITION NO. PDI-PL20230007509 — REQUEST FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 14-12, AS AMENDED, THE LORD'S WAY 30 ACRE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY MODIFYING DEVIATION NO.4, TO ALLOW FOR A 5-FOOT-WIDE SIDEWALK INSTEAD OF AN 8-FOOT-WIDE SIDEWALK ON ONE SIDE OF SAPPHIRE COVE CIRCLE WHERE ADJACENT TO THE PRESERVE AREA. THE SUBJECT PUD IS LOCATED AT THE SOUTH SIDE OF HACIENDA LAKES PARKWAY AND ±0.4 MILES EAST OF COLLIER BOULEVARD IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Packet Pg. 100 I Ac 3.A.e (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. 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. 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. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED l r* Mad, nd WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER A-?D236Ll0-7 509 644�_ IG OF APPLICANT OR AGENT b OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER askoo `606ttck orckrae flew. STREET OR P.O. Box S,irtti 305 CITY, STATE ZIP'—' The foregoing instrument was sworn to and subscribed before me this_day of 2023by �� h i r-L III y at} personall 1 own to me or who produced as identification and who did/did not take an oath. ��Jof Nota ublic Printed Name of Notary Public My Commission Expires: ,o�;RYP2a�,, JESSICA K LINN (Stamp with serial number *° �- Notary Public -State of Florida ( P ) = E Commission # HH 211052 /a11?.° My Commission Expires Rev.3/4/2015 April 16, 2026 Packet Pg. 102 3.B 08/24/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Doc ID: 26294 Item Summary: Petition No. BDE-PL20210002028 - Sunrise Cay II Dock Facility - Request for a nine -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 private multi -family boat docking facility protruding a total of 29 feet into a waterway that is 149 feet wide. The subject property is It Sunrise Cay Phase II in Port of the Islands, Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: John Kelly, Planner IIl] Commission District 1 Meeting Date: 08/24/2023 Prepared by: Title: Planner — Zoning Name: John Kelly 08/08/2023 2:42 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 08/08/2023 2:42 PM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Zoning James Sabo Review Item Zoning Ray Bellows Review Item Hearing Examiner (GMD Approvers) Diane Lynch Review Item Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending Completed 08/08/2023 4:05 PM Skipped 08/08/2023 5:07 PM Completed 08/09/2023 5:23 PM Completed 08/11/2023 3:14 PM Completed 08/11/2023 3:26 PM 08/24/2023 9:00 AM Packet Pg. 103 3.B.a Co ffier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: AUGUST 24, 2023 SUBJECT: BDE-PL20210002028, SUNRISE CAY II CONDOMINIUM DOCK FACILITY PROPERTY OWNER/APPLICANT: Sunrise Cay Commons Association, Inc. Sunrise Cay II 301 Sunrise Cay Naples, FL 34114 REQUESTED ACTION: AGENT: Jeff Rogers Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a nine -foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow the construction of a private multi- family boat docking facility with 42 slips protruding up to 29 feet into a waterway that is 149± feet wide, pursuant to LDC Section 5.03.06. GEOGRAPHIC LOCATION: The subject property is at 301 Sunrise, within Sunrise Cay Phase II in Port of the Islands, in Section 9, Township 52 South, Range 28 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The proposed Boat Dock Extension is for a multi -family dock facility associated with the upland Sunrise Cay II development that comprises 42 residential condominium units in five buildings that were constructed between 1996 and 1999, within a Residential Multi-Family-16 (RMF-16) zoning district, with approximately 975 linear feet of sea walled shoreline along the Sunrise Cay Canal and the Faka Union Canal. The existing dock facility has 42 slips, 36 are located along the southern shoreline abutting the Sunrise II Canal, and six are along the eastern shoreline abutting the Faka (Continued on Page 4) [21-CPS-02138/1808584/1 ] PL20210002028 — Sunrise Cay II August 9, 2023 BD - Page] of 8 Packet Pg. 104 (Aj!Iloed )jooa AI!uaed-!;Inw II Aeo eslaunS a8 OZOZOOOLZOZ-ld : V6Z9Z) £ZOZ6090:podeN jje;S :;uewt4oe;;d ,n �a o GO M � a �v IT � U {L7 J W S (� i p- } 0O_ ROM 6� � r LL w D W a f uJ z dv) I, z V U aW a (•n7 �j x =a { n c ry =� i F(D 'x ip ewpO U U U it aC2 a # � m � fi T U y F Z 0 w � J [21-CPS-02138/1808584/1] PL20210002028 — Sunrise Cay II August 9, 2023 CG 0) 0 N Q- cz 0 0 BD - Page 2 of 8 00 CN 0 CV CD a CD J L z c Q Z- OL U M a 3.B.a SURROUNDING LAND USE & ZONING: North: Sunrise Cay (Right -of -Way) then an improved multi -family development; Residential Multi-Family-16 (RMF-16) District East: Faka Union Canal (waterway), then an improved single-family development; Residential-Single-Family-4 (RSF-4) Zoning District South: Sunrise Cay Canal (waterway), then an improved single-family development; Residential Multi-Family-16 (RMF-16) District West: Newport Drive (Right -of -Way) then an improved multi -family development; Residential Multi-Family-16 (RMF-16) District Aerial — Collier County GIS [21-CPS-02138/1808584/1 ] PL20210002028 — Sunrise Cay II August 9, 2023 BD - Page 3 of 8 Packet Pg. 106 3.B.a Purpose/Description of Project (Continued from Page 1) Union Canal. An existing marginal concrete floating common dock area will remain as -is and within the existing footprint. The above -described dock facility was approved by the Board of County Commissioners by means of a Settlement Agreement; See Attachment B. The applicant now proposes to relocate the six slips on the eastern shoreline to the southern shoreline and to reconfigure the existing 36 angled slips so that all 42 slips will be shore perpendicular. The proposed reconfiguration includes installing 42 floating boatlifts within each slip to allow the vessels to be stored out of the water on the float. This will help protect the hull from marine growth and other potential damages associated with keeping a boat in the water. As proposed, the floating lifts each measure 26 feet; the total protrusion requested is 29 feet as measured from the existing seawall/MHWL, which is the most restrictive point; see Attachment A. The required 15-foot side/riparian setbacks for boat docks on lots with 60 feet or greater of water frontage will be satisfied on both sides. Staff notes that the Board of County Commissioners has since amended the previously issued Settlement Agreement to allow for the requested dock facility reconfiguration, contingent upon the approval of the Hearing Examiner, as per LDC section 5.03.06; see Attachment B. ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to granting this request. The property is located adjacent to the Faka Union Canal. The proposed docking facility will be constructed waterward of the existing seawall. The multi -family development has been approved to allow 42 wet slips. The existing multi -slip docking facility has been issued permits from the Department of Environmental Protection (DEP #11-0220350-001) and the US Army Corps of Engineers (ACOE # SAJ-2003-09792). The amended Settlement Agreement dated December 13, 2022 (#ADA-2008-AR14059) authorized the location and reconfiguration of the 42 wet slips; See Attachment B. The shoreline is sea walled and does not contain native vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet 6 of 11 of the Site Plan provides an aerial with a note stating that no seagrasses were observed within 200 feet. A manatee consistency determination has been completed for the proposed multi -slip docking facility in accordance with LDC Section 5.03.06.E.I I (PL20230007438). The Manatee Protection Plan (MPP) review revealed that the proposed docking facility meets the "Preferred" status and is consistent with the Collier County MPP. See Attachment C. This project does not require an Environmental Advisory Council (EAC) review because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws, and Ordinances. [21-CPS-02138/1808584/1 ] PL20210002028 — Sunrise Cay II August 9, 2023 BD - Page 4 of 8 Packet Pg. 107 3.B.a 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. 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. Private docks are a listed permitted use within the RMF-16 zoning district. The total water frontage of the subject property is 975 feet. The subject development has 42 dwelling units, and the total number of existing and proposed slips are 42. Both the original and amended Settlement Agreements allow for 42 boat slips. 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 is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criteria not met. The applicant's agent states: "Water depths are not the driving factor for the requested BDE. The driving factor is the configuration of the slips being perpendicular to the seawall [and] is the reason for the BDE petition request. The justification of the proposed slip design is to create a safe design to allow all 42 slips [to] ingress/egress their slip with less of a chance to create a chance of conflicting with their neighboring slip. A shore parallel design would reduce the overall protrusion but creates a navigational issue when 42 slips/vessels bow to stern laying along the shoreline with little to no room for navigation." Staff concurs based upon the provided cross-section and Special Purpose Survey depicting water levels. 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.) [21-CPS-02138/1808584/1 ] PL20210002028 — Sunrise Cay II August 9, 2023 BD - Page 5 of 8 Packet Pg. 108 3.B.a Criterion met. The subject canal measures 149 feet, MHWL to MHWL, and no navigational markers indicate an exact thread of travel. The proposed dock facility satisfies setback requirements and allows sufficient space for docks on the opposite shore. 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 canal is 149 feet wide, MHWL to MHWL, and the proposed dock facility will protrude 29 feet into said waterway; the actual protrusion will account for 19.46 percent of the waterway. The Zoning Atlas reveals no approved BDEs on the opposite shore; as such, it is believed that their protrusion does not exceed 20 feet or 13.42 percent of the waterway. Staff, therefore, finds that 67.12 percent of the waterway will remain open for navigation should the proposed BDE be approved. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant states: "The proposed dock facility will provide more than the required 15-foot setbacks from both property/riparian lines. The dock design and location have been designed to be located within the required setbacks, provide safe access with a vessel and not interfere with any future neighboring dock facilities that may be constructed." Staff further notes that the subject dock facility accounts for the entire southern property line of the subject property. The property includes the side end of the canal; no additional slips can be added without obtaining special permissions that would trigger the public hearing process. Additionally, property owners located across the canal are able to engage the Boat Dock Extension process in the event they desire to seek permission for a dock facility exceeding those allowed by right. Staff finds this criterion satisfied, with 37.12 percent of the canal open for navigation. Secondary Criteria: 1. 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; these may include the type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicable special condition is the fact that the subject property is a multi -family development for which both the LDC and the Manatee Protection Plan (MPP) allow one slip per dwelling unit; the total number of dwelling units is 42. The applicant contends that insufficient shoreline length is available to construct sore parallel docks with [21-CPS-02138/1808584/1 ] PL20210002028 — Sunrise Cay II August 9, 2023 BD - Page 6 of 8 Packet Pg. 109 3.B.a less protrusion, thus making shore perpendicular the preferred design. Staff finds the applicant's methodology valid and agrees that this criterion has been satisfied. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The applicant's agent states: "The main reason for the proposed project is to reconfigure the existing slip layout and locations as well as to install new floating boatlifts within each slip. These floating boatlifts will provide additional dock surface area for each slip owner, providing better access to their vessel and allowing for routine maintenance like hull cleaning. The proposed design will also improve the existing access to each slip/vessel without using excessive decking or constructing new docks." Staff concurs and therefore finds this criterion to be satisfied. 3. For single-family dock facilities, whether the length of the vessel or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Not Applicable. The proposed docking facility is a multi -family docking facility. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The applicant's agent states: "The proposed project consists of just reconfiguring and relocating the existing 42 slips already authorized for the subject property. Additional decking will be added; however, there should not be any new impacts to any of the surrounding properties nor their existing view of the subject waterway." Staff concurs. 5. Whether the proposed dock facility will impact seagrass beds. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. No seagrass beds are present on the property or the neighboring properties within 200 feet of the existing dock structure. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion met. The applicant's agent states: "The subject property is subject to the Collier County MPP. As proposed, we have met all the requirements within the MPP and will be installing new Manatee Awareness and Educational signs for public awareness. [21-CPS-02138/1808584/1 ] PL20210002028 — Sunrise Cay II August 9, 2023 BD - Page 7 of 8 Packet Pg. 110 3.B.a Additionally, the project will not increase the total slip count of 2 slips." Staff further notes that a manatee consistency determination has been completed for the proposed multi -slip docking facility in accordance with LDC Section 5.03.06.E.11, PL20230007438. The Manatee Protection Plan (MPP) review revealed that the proposed docking facility meets the "Preferred" status and is consistent with the Collier County MPP; See Attachment C. Staff analysis finds this request complies with four of the five primary criteria and five of the six secondary criteria, with Criterion #3 being not applicable as the proposed is a multi -family dock facility. As of the time this staff report was drafted, no public objections or other correspondence had been received. CONCURRENT LAND USE APPLICATIONS: An Insubstantial Change to SDP-89-229, SDPI-PL20220008960, is being reviewed to accommodate the dock facility changes proposed within this BDE request. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. If the Hearing Examiner has approved the petition, the applicant shall be advised that they proceed with construction at their own risk during this 30- day period. Any construction work completed ahead of the approval authorization shall be at their own risk. RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BD- PL20210002028 in accordance with the Proposed Dock Plans provided within Attachment A, which are consistent with the Amended Settlement Agreement in Attachment B. Attachments: A. Proposed Dock Plans B. Settlement Agreement and Amendment C. MPP Analysis PL20230007438 D. Zoning Atlas 2809S E. SDPI-PL20220008960 Rev3 — Pending Approval F. 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U) PA0304.02 sunrise cay ii\CAD\PERMIT-COUNTY\0304.02-BDE.dwq RL]UMMS t AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE This AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE (the "Amendment") is made and entered into this 13th day of December 2022, by and between Sunrise Cay II Condominium Association, Inc., a Florida not -for -profit corporation (the "Association"), and Collier County, Florida, a political subdivision of the State of Florida (the "County"). WHEREAS, the Association and County entered into a Settlement Agreement and General Release dated September 15, 2009 (the "Settlement Agreement"), Agenda Item No. 17.E, ADA-2008-AR-14059, pertaining to the application of the County's Manatee Protection Plan and the Association's request for interpretation, INTP-2008-AR-12749, for the configuration of proposed boat dock facilities at the Association's property ("Property") located in Section 9, Township 52 South, Range 28 East, as legally described in the Declaration of Condominium for Sunrise Cay H recorded in OR Book 2245, Page 1343, of the Public Records of Collier County, Florida, as amended from time to time; and WHEREAS, the Settlement Agreement, along with ACOE permit SAJ-2003-0972, and DEP permit 11-0220350, and Collier County SDP-89-229, all as amended from time to time, authorized the installation of certain boat dock facilities in a particular configuration as shown in Exhibit "A" to the Settlement Agreement, and those boat dock facilities were installed by the Association in 2009; and WHEREAS, the Association has requested an amendment to the Settlement Agreement for a proposed reconfiguration of the boat dock facilities at Sunrise Cay II, as reflected in the attached amended Exhibit "A", modifying the total protrusion from the Mean High Water Line (MHWL) from 18 feet to 29 feet, moving six slips from the Faka Union Canal to the Sunrise Cay Canal, adding 14 additional pilings, and increasing the total overwater structure from 390 square feet to 12,553 square feet (for floating boat docks); but without any change to the maximum number of slips or the cumulative total length of the vessels as established in the Settlement Agreement; and WHEREAS, the County agrees that the proposed reconfiguration of the boat slips as reflected in attached amended Exhibit "A" (with 42 boat slips, floating boatlifts, approximately 90 boatlift control piles, and the relocation of six (6) slips from the Faka Union Canal to the man- made canal on the south shoreline, and protruding 29 feet into a man-made canal) is approved and complies with the Collier County Manatee Protection Plan, subject to approval by the Hearing Examiner per LDC section 5.03.06. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by the parties), the parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Exhibit "A" of the Settlement Agreement is replaced with the amended Exhibit "A", attached hereto and incorporated herein by reference. mC W rm �n 00 C z T r O X 0 D 3. The parties acknowledge and agree that the numerical limit of 42 boat slips with the loading dock, and the 973-foot cap on the cumulative total length of the vessels, Q not including engines, remain in effect and are not changed. [21-CPS-02085/1754669/1] Page 1 of 2 c^ Packet Pg. 122 1 3.B.c 4. All other provisions of the Agreement shall remain in full force and effect. 5. The effective date of this Amendment shall be the date of approval for both BDE- PL20210002028 and its related SDP amendment, as determined by the County Manager or designee. If the BDE or SDP amendment are not approved, then the September 15, 2009 Settlement Agreement for the existing dock configuration remains in effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. ATTEST: CRYSTAL K. KINZEL, CLERK By: r1;ie5t aS 0 Ghalrman Deputy Clerk s€ nature only, STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER CO RIDA By: Wil ' m L. McDaniel, Jr., Chairman AS TO ASSOCIATION: SUNRISE II CONDOMINIUM ASSOCIATION, INC. , M. Ovidio C. Cif, President The foregoing instrument was acknowledged before me by means of physical presence this day of November 2022 by Ovidio C. Giberga, as President of Sunrise Cay II Condominium Association, Inc., a Florida not for profit corporation, on behalf of the corporation, who * is personally kngmaitoing pr ❑ has produced . .ION. .v .' �1t3�'� RY 19��q•� /i 2: qHH 082045 e01)ded %' c'►�.' Q 9 'yp"blic U01 et�r,�;49rr5 gal ity: as identification. r �- , Notary Public Print Name: �� %� O. �[ay, tJ Approved by the Zoning Director: Derek D. Perry, Assistant oun �itl��rney Mike Bosi, Zoning Director a [21-CPS-02085/1754669/1] � Page 2 of 2 -. ti Packet Pg. 123 1 3.B.c Amended Exhibit"A" Packet Pg. 124 U m M lbp esiaunS ae 8ZOZ000I, UM : ti6Z9Z) ;u8wPu8wV pue;uOmOOJBV WO 81118E - a lu8wLj3ePV :;uGwLJ3ejjV NT II I I 17 � v w I c �— 200' - w Z CL � J uj u O0 NOIS(1b1O dd 0 z ,6Z W J (L s =4 w W Z — —� v, Z J .x� Z Q N Q X w w C0 Z z Vp? IL Feii -4. ' ' a zm Z 'w m F- N LL � ❑ J J LU In Z O Q^ aQ� 0 0 �'a LLa VN C9 Y Z Z V Q N❑w QI < W go N r /�/ </= O � <= Q o: LL m w /= . \� CD N LL J <= p O Q �wi Q Q o 0 <� N3 N i 3 � Z p < °w= w= W Z O �K w N 4) a>H a Zpc I- orco na uLL z >� X,ag ax K w� aa3 ¢a qm:5a.. WZaY W?p :4c~iww3 pV❑ W�2 mVi fry<O Nwa a Xw0 SE Q3Q0XOW°g��zgoWo KOWU>Z LL� W- O w❑ a W 7 V-_ ujww3�vla�FQif aaa W ax�o Koo H zaf/1 aw�F- X,O Z KW - rka:._ Mol AW 3AJ210 i2]OdM3N AMENEMEXHIBITA 11 3.B.d 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 coPle.�"rAC,014"ty Growth Management Community Development Department Sunrise Cay II Manatee Protection Plan Analysis (PL20230007438) An analysis of the project considering the Collier County Manatee Protection Plan (MPP) has concluded the following: Vegetation Impact — For shoreline vegetation, such as mangroves, "No Impact" is defined as no greater than 5% of the native marine habitat is disturbed. For seagrasses, "No Impact" means that no more than 100 square feet of seagrasses can be impacted (Manatee Protection Plan, page 79). An analysis of shoreline vegetation was provided by Turrell, Hall and Associates. Based upon the existing dock site plan, no impacts of shoreline vegetation are proposed. As a result of the historic and ongoing dredging, no seagrasses are present within 200 feet of the proposed docking facility located as part of the Faka Union Canal. Overall, this factor is classified as "No Marine Impact" to Marine Habitat under the Marina Siting Criteria of the MPP. Water Depth —Adequate water depths must be greater than -4 feet Mean Low Water (MLW; Manatee Protection Plan, page 72). Current depth of the area ranges between -4.5ft MLW to -8.4 ft MLW. Therefore, this factor is classified as "Greater than 4 feet MLW" for Water Depth under the Marina Siting Criteria. Manatee Deaths — The MPP considers High Manatee Use densities to be in areas where more than 20 percent of all the watercraft -caused manatee deaths in Collier County have been found (Manatee Protection Plan, page 73). An analysis of the most recent data has 38 out of 188 (20%) watercraft -related manatee deaths within a 5-mile radius of the project site. Based upon the data the area is considered "Not High for Manatee Use" under the Marina Siting Criteria of the MPP. Additionally, the primary route to and from the proposed docking facility is marked and a "No Wake Zone"; the Manatee protections are enhanced. In summary, the above information results in no marine impact and water depths exceeding -4 feet MWL. The project's location is determined to be not high manatee use the outcome results in a Preferred ranking under the MPP. Under Preferred Ranking, new boat slip density would be allowed at 18 slips per 100 feet of shoreline The application states there are 975 linear feet of shoreline, which would equate to 176 slips allowed (975 linear feet x 18 slips/100). The applicant is proposing 42 wet slips, which is under the 176-boat slip limit; therefore, the project is consistent with the MPP. Page 1 of 2 Packet Pg. 126 collier coKHty Growth Management Community Development Department MARINA SITING CRITERIA 3.B.d 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 Water Depth Native Marine Habitat Manatee Use -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Greater Than Less Than No Impact' Impact Not High High 4' MLW 4' MLW ------------------------------------------------------------------------------------------------ PREFERRED X X X MODERATE X X X MODERATE X X X MODERATE X X X PROTECTED X X X PROTECTED X X X PROTECTED X X X PROTECTED X X X ------------------------------------------------------------------------------------------------ (1) For shoreline vegetation such as mangroves, no impact is defined as no greater than 5% of the native marine habitat is disturbed. For sea grasses, no impact means that no more than 100 square feet of sea grasses can be impacted. Table 3-1 Marina Siting Criteria & Allowable Wet Slip Densities Preferred Sites. New or expanded wet slip marinas and multi -family facilities: Shall be allowed at a density of 18 boat slips for every 100 feet of shoreline. Dry Storage facilities: Expansion of existing and construction of new facilities allowed. Boat Ramps: Expansion of existing and construction of new ramps allowed. 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I r rna ..... _ 1 1 I i n V W h tI + OR 2 I M z G fwa= w� z �aa aiN ' m 0 w N2Fe rc�LLO �F y , � <= - _ 0 <= 0 <= �q <k. S r w W ,M a �g r - �d 0 0 m <= Teer -' <=0 0 u 3 <= 0 0 3 <= 0 Z v Z0� 3❑ O 7 0 m 1210dM3N 3� I N V-1 d S n O I E RI d a 1,° ;a`�o -Iea�I vp US 8ZOZ0004ZOZ-1d : ti6Z9Z) lenoiddd 6uipuad - £Aa21 0968000ZZOZld-IdaS - 3 lu8tu4OBlld :;uOWLIOBIIV m M Coe)ZaZ$ 3.B.g Sw,ars ' 2 �wsa+-ra HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE m SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE g DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." o 21 Planner responsible for providing the County Attorne -drafted Ordinance for PUDs and placing in backup E 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] v a� A B. Backup provided by Applicant: co PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY m DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE N BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE 0 c APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. 0 N O Application, to include but not limited to the following: a ✓ Narrative of request ✓ Property Information rn N co ✓ Property Ownership Disclosure Form N ✓ Any other documents required by the specific petition type; such as a variance, a boat M N dock extension; PUD amendment, rezone request, etc. o ✓ Disclosure of Property Ownership Interest (if there is additional documentation from w 0 aside disclosure form) Affidavit of Unified Control a A"rortoa-il-0 0 teak ✓Affidavit of $onrPcantation =- Y Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with m Water depth, location maps etc.) X _ NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio c E E Traffic Impact Study (TIS) Environmental Data a Historical/Archeological Survey or Waiver c m E Utility Letter z ✓ Deviation Justifications r a Revised5/18/2018 Provide to Agents 6:\CDES Planning Services\Current\Zoning Staff InformatiorVolb Aides or Help Guides Packet Pg. 133 3.B.g / Boundary Survey o< &Pie4101'4-tl s'��/S1lif� ` k-� Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. Submerged Resource Surveys may be included here if required. ✓ flash drive with only one Of file for all documents or" >�* 1 understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for flash rive rryust contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. 14) %O-t— 7/19/2023 Signature o ent Representative Date Jeff Rogers Printed Name of Signing Agent Representative Revised5/18/2D18 Provide to Agents G:\CDESPlanningServices\Current\ZoningStafflnformation\lobAidesorHelpGuides Packet Pg. 134 CUffIeY County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): ❑■ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed bystoff DATE PROCESSED APPLICANT INFORMATIOI\ Name of Property Owner(s): Sunrise Cay Commons Association, Inc. Name of Applicant if different than owner: Sunrise Cay Address: 301 Sunrise Cay City: Naples Telephone: Cell: 305-778-9515 E-Mail Address: ogiberga@aol.com Name of Agent(s): Jeff Rogers Firm: Turrell, Hall & Associates,lnc. Address: 3584 Exchange Ave Telephone: 239-643-0166 City: Naples Cell: 239-784-0081 E-Mail Address: Jeff@thanaples.com PROPERTY LOCATION State: FL Fax: ZIP: 34114 State: FL ZIP: 34104 Fax. 239-643-6632 Section/Township/Range: 09 52 S 28 E property I.D. Number Subdivision: Sunrise Cay II Unit: Address/ General Location of Subject Property: 301 Sunrise Cay Current Zoning and Land use of Subject Property: Residential Multi -Family (RMF-16) May 8, 2018 01067081401 Lot: Block: Page 1 of 6 Packet Pg. 135 CUffIBY County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-16 Condos S RMF-16 Faka Union Canal E RMF-16 Condos W RMF-16 Condos DESCRIPTION OF °ROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): See attached Narrative SITE INFORMATION 1. Waterway Width: 149 ft. Measurement from ❑ plat ■❑ survey ❑ visual estimate ❑ other (specify) 2. Total Property Water Frontage: 975 ft. 3. Setbacks: Provided: 42 & 200+ ft. Required: 15 & 15 —ft. 4. Total Protrusion of Proposed Facility into Water: 29 ft. 5. Number and Length of Vessels to use Facility: 1 42 slips ft. 2. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There numerous other single-family and multi-family/commercial properties all of which have been granted BIDE approvals within the Faka Union canal and canals. Most of the previous extensions range from 10-30 feet past the allowed 20-feet. See attached exhibits. 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in Q size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 3.27 Acres May 8, 2018 Page 2 of 6 Packet Pg. 136 Coder Count y 3.B.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 8. Official Interpretations or Zoning Verifications: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes X No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) May 8, 2018 Page 3 of 6 Packet Pg. 137 3.B.g Coder Count y 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. 138 coffiBY County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 ® ❑ Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 ❑ Chart of Site Waterway 1 Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 1 ❑ ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 ❑� ❑ 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. 139 Coder Count y 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Historical Review Executive Director ❑ 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 ❑ Other: EMS: Artie Bay 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 �—Aw A � Signature of Petitioner or Agent 6.28.2023 Date May 8, 2018 Page 6 of 6 Packet Pg. 140 Co*,r County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: BDE DateandTime: Tuesday 8/31/21 at 1:30PM - Bridge Li Assigned Planner: John Kelly Engineering Manager (for PPL's and FP's): Project Information Project Name: 301 Sunrise Cay II (BDE) PL#: 20210002028 Property ID #: 01067083506 Current Zoning: RMF-16 Project Address: 301 Sunrise Ca City: Naples State: FL Zip: 34114 Applicant: Jeff Rogers - Turrell,Hall& Associates,Inc. Agent Name: Jeff Rogers Phone: Agent/Firm Address: 3584 Exchange Ave City: Naples State: FL Zip: 34104 Property Owner: Sunrise Cay Commons Assn Inc. Please provide the following, if applicable: i. Total Acreage: .33 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 Packet Pg. 141 3.B.g Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 _ c� Meeting Notes U- U As of 10/16/2017 all Zoning applications have revised applications, and your associated 0 a Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 2 /i�✓C� U ' / i.0_ .. � � . s /�-ir. �.• 1�:-- t.ci� � ,.v� �.: - `�i ,2i FaT- �f'TTL€/�-iFiyT 'C c 3 /�Ei.•f cam,-,r, �-. � - .S .�} ,�� /1.�-,�.cJ.� r, � �.W— .� > r� � /�r�,aavv� n � 0 ^/�jl 00 N N O O I'�11pJ—ss�i(f% O r N a. p rn m N st%E � t0 wG� M / \ N O O CN 00 O O O z o .� �,�� r, � �� � a L � "O�.) P4 N 5 U M a. m x W If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the r petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(c-naplesgov.com E Allyson Holland AM Holland g.naplesgoy.com Robin Singer RSinger(cDnaplesgov.com Erica Martin emartln(p%naplesgoy.COm +. .r a Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided t of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all U required data. Q Updated 1/12/2021 Page 1 2 of 5 Packet Pg. 142 3.B.g Pre -Application Meeting Notes GMD - Zoning Services Planner: John Kelly (239)252-5719 John.kelly6kolliercountyfl. ov Boat Dock Extension • Complete the required application; respond to each question and sign • Refer to the Final Submittal Requirement Checklist and provide/submit required documents o All submitted plans must be legible when duplicated on 8.5" X 11" standard paper o The final recording of documents is in black & white; minimize the use of color • Provide a Boundary Survey to demonstrate water frontage and lot dimensions as well as the principal use of the subject property • Either as part of the application, or on a separate sheet, provide a detailed Narrative Statement fully describing the project and what is being requested • On a sheet separate from the application, please provide persuasive and convincing responses to each of the Primary and Secondary Criteria contained within LDC Section 5.03.06.H o state if each criterion has been satisfied or not satisfied o provide sufficient evidence to support any claims such as insufficient water depth, unique characteristics of the property or waterfront, width of waterway and/or canal • Site Plans o Site Plans should be measured in feet o Note that the dock facility includes any docked vessel(s); show vessel(s) on plan o Demonstrate width of property and/or the total property water frontage o Demonstrate side and/or riparian setbacks for the dock facility o Demonstrate amount of dock protrusion using such points of measure as are contained within LDC Section 5.03.06.C.1, Measurement of Dock Protrusion. Note that dock facilities should be minimized to allow reasonable, safe access to the vessel(s) for loading, unloading, and routine maintenance without the use of excessive deck area Boathouse • See above for general information • On a sheet separate from the application, please provide persuasive and convincing responses to each of the Boathouse Criteria contained within LDC Section 5.03.06.17 o state if each criterion has been satisfied or not satisfied o provide sufficient evidence to support any claims such as insufficient water depth, unique characteristics of the property or waterfront, width of waterway and/or canal • Site Plans o Demonstrate setback requirements from property and riparian lines, demonstrate the separation from other structures on the site, Demonstrate height of boathouse and type of roof, note that the roof alone may overhang up to 3 feet into the waterway beyond the maximum protrusion and/or setback (plans must show the amount of roof overhang) Packet Pg. 143 Corer County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes V ¢c b P,�►,�a r 44,1 A) • L.Y.L��i t7�? �t�✓�/t- 5 �.H+�,vz � L��?S.Z.ppC��r✓i4QT-(!�� .y►S � fwiJ:t�v� Cs '/ i3" Other required documentation for submittal (not listed on application): Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 144 3.B.g ThomasClarkeVEN From: CastroGabriela Sent: Tuesday, August 31, 2021 2:33 PM To: ThomasClarkeVEN Subject: Notes for the pre-app PL20210002028 - Sunrise Cay II (BDE) Hello Boat Dock extension would still be required in addition to site plans (SDPI/SDPA etc). LDC section below exempts non- residential to just show it on the site plans 5.03.06.1.3 Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in LDC subsection 5.03.06 H Respectfully, Gabriela Castro, AICP Principal Planner Co per County Development Review Division Exceeding Expectations, Every Day.! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239-252-4211 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! 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. ` '4- Packet Pg. 145 3.B.g ThomasClarkeVEN From: BrownCraig Sent: Wednesday, September 01, 2021 10:51 AM To: ThomasClarkeVEN Subject: RE: Pre-App Research for Sunrise Cay II (BDE) - PL20210002028- Today Tuesday 8/31/2021 at 1:30 PM - Bridge Call Attachments: Boat Dock Extension Checklist 2016.doc Thomas Here are my notes: Please provide a benthic survev with an exhibit to indicate the location of seaarasses or ovster beds within 200 feet of the proposed docking facility. LDC Section 5.03.06.J Please provide a description of the shoreline and any native vegetation present. Indicate any proposed impacts to the native shoreline vegetation (approximate area in square feet to be impacted). Please provide complete answers to Secondary Criteria #5 and #6 See LDC section 5.03.06. H.2 If lighting is proposed, please provide a description of the type and locations on the docking facility. Please provide any written authorization from any state and federal agencies if any approvals have been obtained. • See 5.03.06 E 11 and 5.05.02 for Manatee awareness requirements for multi -slip docking facilities Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). Is Dredging proposed? Please provide illustrations. Please label the waterbody the project will occur in and indicate typical navigation Routes. (See Attached Checklist). Craig Brown Senior Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Tuesday, August 31, 2021 11:23 AM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Bea rd@colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; JosephitisErin <Erin.Josephitis@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; PollarclBrandi <Brandi.Pollard @colliercountyfl.gov>; AshkarSally <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: Kellylohn <John.Kelly@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov>; � . Packet Pg. 146 3.B.g Residential Boat Dock Extension Checklist Submerged Resources Survey Checklist Is there an overlay? ST overlay needs an ST permit (much of Isle of Capri & Keewaydin has an ST Overlay over the water) 2. Seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph. (LDC 5.03.06 I) Provide a submerged resources survey from an Environmental Consultant done between April and Octobpr. P 5 3 0 3. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds. (LDC 5.03.06 J.) P530 4. Provide complete answers to Secondary Criteria #5 & #6. (Use Misc in CV) Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized. (LDC 5.03.06 J .4) P530 6. The dock shall be field adjusted to minimize impacts to mangroves. (LDC 5.03.06 I.2) Remove this checklist item — look at LDC? P530 7. Provide a clearing plan for removal of any vegetation related to the boat dock. This is simply an information exhibit being requested. (Use Misc in CV) 8. Are there any draft restrictions? Look at the MPP. (Use Misc in CV) Keewaydin: BDE not required for Keewaydin - Most always need an ST permit related to a Building Permit— water and land have ST Overlay Seagrass: Light penetration is needed to survive, usually in more shallow areas Submerged Resources Survey: - Read thoroughly - Check location description for street & waterway (if given) - Check to see if it was uploaded to CV - Indicate in CV "Comments box" if one was done & if it was uploaded to CV *****SEE SUGGESTED FORMAT OF SUBMERGED RESOURCES SURVEY ON NEXT PAGE***** P. Packet Pg. 147 3.B.g MULTI SLIP DOCKING FACILITY • Look at supplemental criteria in 5.05.02 o Port of the Islands uses different Rating system — see MPP • See 5.03.06 E 11 and 5.05.02 for Manatee awareness requirements for multi -slip docking facilities Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(I 1) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). ��FPacket Pg. 148 3.B.g SUGGESTION FORMAT AND INFORMATION TO INCLUDE IN SUBMERGED RESOURCES SURVEY ➢ Location of survey — property address and folio# o The survey shall indicate any seagrass or seagrass beds located within 200 feet on any proposed dock facility (5.03.06.J). In order for this to be accomplished, any within 200 feet of the proposed dock (within the riparian lines of the property and adjacent to the property) shall be surveyed. ➢ Who did the survey — which firm and their contact information including name, address, phone #, email ➢ What date was the survey conducted? Guidance from FWC is'ta do between April and October o Weather conditions, water temperature, low tide & high tide times ➢ Objective of Survey & Work done on the site o Was the site snorkeled? o What methodologies were used? o Was a GPS used? o Was an aerial photograph reviewed and used to establish survey transect lines? ➢ Results o What was found? Substrate and what kind? Seagrass, shell, oysters? o What was along the shoreline? Mangroves, seawall, etc? o Why does the consultant think no submergerd resources were found? o Other observations ➢ When seagrass is found, include all requirements of LDC section 5.03.06. J. ➢ Conclusions o Were any submerged resources found? If yes, what? o Are any impacts to submerged resources expected or proposed? ➢ Pictures (suggested angles) o Looking toward and away from the shoreline o The proposed location of the boat access o Observations in the water - Any oyster debris, shell, seagrass 5.03.06. J. (LDC section up to date as of 2016) Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 3.B.g 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. Packet Pg. 150 Coftr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20210002028 Collier County Contact Information: 3.B.g Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown @colIiercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova @colIiercountyfLgov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Zoning Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ Jackie De la Osa North Collier Fire 252-2312 jdelaosa@northcollierfire.com ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy. Frantz@colliercountyfLgov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Q Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Parker Klopf Zoning Senior Planner 252-2471 Parker. klopf@colIiercountyfLgov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com ❑ Sean Lintz North Collier Fire 597-9227 Blintz@northcollierfire.com ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch @colliercountyfLgov omas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov & &ZIC. 6+t-T1A4"' Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 151 CoT;r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 3.B.g ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfLgov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ randy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek. perry@colIiercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 1 Daniel.Zunzunegui@colliercountyfl.gov ff C'-45:`S I efts?-,"V Additional Attendee Contact Information: Name Representing Phone Email Le, SSGC; &fi3 -ci44, Te rC27. k i JAPc-s , e,u Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 152 Co er County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 ® ❑ Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 Chart of Site Waterway 1 ❑ 0- 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 E ❑ 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. 153 Collier County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑Bays hore/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: Boat Dock Extension Petition: $1,500.00 B' Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 C� An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Signature of Petitioner or Agent Date May 8, 2018 Page 6 of 6 Packet Pg. 154 3.B.g 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] 01067083506 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] 9 52 28 UNREC'D TRACT B COMMON AREA FOR SUNRISE CAY STREET ADDRESS(ES) where applicable, if already assigned. 301 Sunrise Cay, Naples, FL 34114 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 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 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 155 f . .� �. M '� r � a s* � 3.B.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co er Cc UXr y 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 b. C. percentage of such interest: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Unt'iSQ. C it CMVJoMy%tuM�5�adafi'crl ,ync. 100010 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the ►ercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 157 C01 r CaKnty 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX; (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the CIIC1431 0IIU/V1 11111ILCU PC31LIMIJ. Name and Address % of Ownershia 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 itticers, stockholders, beneticiarles, 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 'ticers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 158 3.B.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: CAMr Ciounty 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 ss, FL 34104 D \j iA ; U U k 6,eo, Q o-- Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Packet Pg. 159 3.B.g Sunrise Cay II Owner List - Thursday, February 16, 2023 Owner Address James Meister 205 Sunrise Cay, 101 Joyce Meister Robert J LaTour 205 Sunrise Cay, 102 Susan F LaTour Deborah Kay Jansen 205 Sunrise Cay, 103 Jon Erickson 205 Sunrise Cay, 104 Sara Erickson Curtis R Gross 205 Sunrise Cay, 105 Lynnette Gross Tina L Martin 205 Sunrise Cay, 201 Ricky A Martin Wetz Florida, LLC 205 Sunrise Cay, 202 Marie Kaikini 205 Sunrise Cay, 203 Prabhat Kaikini Carol F Halvorson 205 Sunrise Cay, 204 David L Halvorson Peter J Castellaneta 205 Sunrise Cay, 205 Suzanne Smith 221 Sunrise Cay, 101 Douglas Smith Mauri Salzman 221 Sunrise Cay, 102 Judith Salzman Packet Pg. 160 3.B.g Sunrise Cay II Owner List - Thursday, February 16, 2023 Owner Address Sherri K Rutherford 221 Sunrise Cay, 103 Ronald G Rutherford Eugene Abramoff 221 Sunrise Cay, 104 Lynda Speen 221 Sunrise Cay, 201 Alexander Speen Lisa Wells 221 Sunrise Cay, 202 Gregory Wells Herbert Orth 221 Sunrise Cay, 203 Cynthia Hicks-Orth Carole Buxell 221 Sunrise Cay, 204 Irvin Buxell Daniel J Grevas 237 Sunrise Cay, 101 Kim M Grevas Linda K Schroeder 237 Sunrise Cay, 102 James E Schroeder Jennifer L Lederman 237 Sunrise Cay, 103 Joni L Leedy Robert Martin 237 Sunrise Cay, 104 Geraldine Martin Kathryn Otto 237 Sunrise Cay, 201 Duane Otto MAGC Properties, LLC 237 Sunrise Cay, 202 Michael J Carl Packet Pg. 161 3.B.g Sunrise Cay II Owner List - Thursday, February 16, 2023 Owner Address Ovidio Giberga Rebecca Giberga 237 Sunrise Cay, 203 John Ward Kimberly Ward 237 Sunrise Cay, 204 John Hale Wanda Hale 253 Sunrise Cay, 101 Matt Dembrow 253 Sunrise Cay, 102 Patricia Dieter Richard Dieter 253 Sunrise Cay, 103 Cheryl L Hollis Richard M Hollis 253 Sunrise Cay, 104 Margaretha Lavey Robert Lavey 253 Sunrise Cay, 201 Academy Properties LLC 253 Sunrise Cay, 202 Kathi M Olson Jeffrey S Olson 253 Sunrise Cay, 203 Thomas D Brusca 253 Sunrise Cay, 204 Sunrise Cay 101 LLC 317 Sunrise Cay, 101 Kelly Trevelline Robert Trevelline 317 Sunrise Cay, 102 Packet Pg. 162 3.B.g Sunrise Cay II Owner List - Thursday, February 16, 2023 Owner Address John Tolle 317 Sunrise Cay, 103 Susan Pratt John Pratt 317 Sunrise Cay, 104 Taylor N Griffin Thomas A Griffin 317 Sunrise Cay, 201 Mercedes Busto William Jennings 317 Sunrise Cay, 202 Randall Fortner 317 Sunrise Cay, 203 James Williams Carrie Williams 317 Sunrise Cay, 204 Packet Pg. 163 3.B.g SUNRISE CAY 11 CONDOMINIUM ASSOCIATION, INC. BOARD OF DIRECTORS As of 2022 Revised on 6/3/22 Ovidio "Jack" Giberga, President (2002) 237 Sunrise Cay #203 Naples, FL 34114 Cell: (305) 778-9515 ogiberga@aol.com Term expires: 2023 Curt Gross 2nd Vice President (2021) 205 Sunrise Cay #105 Naples, FL 34114 Cell (334) 740-1881 curtgross60@gmail.com Term expires: 2024 Mauri Salzman, Treasurer (2016) 221 Sunrise Cay #102 Naples, FL 34114 C:(585) 355-0753 H: (585-223-6116 maurisalzman@gmail.com Term expires: 2023 Rick Martin, Secretary (2022) 205 Sunrise Cay #201 Naples, FL 34114 (270) 210-6445 rickmartin1856(cr�,gmail.com Term expires: 2024 Violations -Committee Dick Dieter (Bldg 253 # 103) Seth LaVey (Bldg 253 # 201) Doug Smith (Bldg 221 # 101) Herb Orth, Vice President (2014) 221 Sunrise Cay # 203 Naples, FL 34114 H: (239) 394-0789 C:(305) 525-8333 herb 1723 @bellsouth.net Term Expires: 2024 Cardinal Management Group of South Florida, Inc. Manager: Jodie Ownby / Assistant: Diana Reyes 4670 Cardinal Way Suite # 302 Naples FL 34112 Phone (239) 774-0723 ext. 212 Fax (239) 775-0723 j.ownby(a,cmgflorida.com / d.reyes(a,cmgflorida.com Packet Pg. 164 3.B.g AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE This AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE (the "Amendment") is made and entered into this 13th day of December 2022, by and between Sunrise Cay II Condominium Association, Inc., a Florida not -for -profit corporation (the "Association"), and Collier County, Florida, a political subdivision of the State of Florida (the "County"). WHEREAS, the Association and County entered into a Settlement Agreement and General Release dated September 15, 2009 (the "Settlement Agreement"), Agenda Item No. 17.E, ADA-2008-AR-14059, pertaining to the application of the County's Manatee Protection Plan and the Association's request for interpretation, INTP-2008-AR-12749, for the configuration of proposed boat dock facilities at the Association's property ("Property") located in Section 9, Township 52 South, Range 28 East, as legally described in the Declaration of Condominium for Sunrise Cay R recorded in OR Book 2245, Page 1343, of the Public Records of Collier County, Florida, as amended from time to time; and WHEREAS, the Settlement Agreement, along with ACOE permit SAJ-2003-0972, and DEP permit 11-0220350, and Collier County SDP-89-229, all as amended from time to time, authorized the installation of certain boat dock facilities in a particular configuration as shown in Exhibit "A" to the Settlement Agreement, and those boat dock facilities were installed by the Association in 2009; and WHEREAS, the Association has requested an amendment to the Settlement Agreement for a proposed reconfiguration of the boat dock facilities at Sunrise Cay II, as reflected in the attached amended Exhibit "A", modifying the total protrusion from the Mean High Water Line (MHWL) from 18 feet to 29 feet, moving six slips from the Faka Union Canal to the Sunrise Cay Canal, adding 14 additional pilings, and increasing the total overwater structure from 390 square feet to 12,553 square feet (for floating boat docks); but without any change to the maximum number of slips or the cumulative total length of the vessels as established in the Settlement Agreement; and WHEREAS, the County agrees that the proposed reconfiguration of the boat slips as reflected in attached amended Exhibit "A" (with 42 boat slips, floating boatlifts, approximately 90 boatlift control piles, and the relocation of six (6) slips from the Faka Union Canal to the man- made canal on the south shoreline, and protruding 29 feet into a man-made canal) is approved and complies with the Collier County Manatee Protection Plan, subject to approval by the Hearing Examiner per LDC section 5.03.06. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by the parties), the parties agree as follows: The foregoing recitals are true and correct and are incorporated herein by reference. 2. Exhibit "A" of the Settlement Agreement is replaced with the amended Exhibit "A", attached hereto and incorporated herein by reference. 3. The parties acknowledge and agree that the numerical limit of 42 boat slips with a the loading dock, and the 973-foot cap on the cumulative total length of the vessels, not including engines, remain in effect and are not changed. [21-CPS-02085/1754669/11 Page 1 of 2 c� Packet Pg. 165 X 3.B.g 4. All other provisions of the Agreement shall remain in full force and effect. 5. The effective date of this Amendment shall be the date of approval for both BDE- PL20210002028 and its related SDP amendment, as determined by the County Manager or designee. If the BDE or SDP amendment are not approved, then the September 15, 2009 Settlement Agreement for the existing dock configuration remains in effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. ATTEST: CRYSTAL K. KINZEL, CLERK LIN Deputy Clerk WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name STATE OF FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA William L. McDaniel, Jr., Chairman AS TO ASSOCIATION: SUNRISE II CONDOMINIUM ASSOCIATION, INC. I0 Ovidio C. Clibe;t aa, President COUNTY OF COLLIER t f� The foregoing instrument was acknowledged before me by means of physical presence this day of November 2022 by Ovidio C. Giberga, as President of Sunrise Cay II Condominium Association, Inc., a Florida not for profit corporation, on behalf of the corporation, who * is personally k nRWdoj% or ❑ has produced as identification. +l • �p PR�9E1°�q� ,'� eJ 2O`� • ?_ Notary Public 2 082oa y ; Q _ :Print Name:tic WN ApprQvet,lgality: Approved by the Zoning Director: Derek D. Perry, Assistant Coun t� t Mey Mike Bosi, Zoning Director [21-CPS-02085/1754669/1] ` Page 2 of 2 Packet Pg. 166 3.B.g Amended Exhibit "A" T �, Packet Pg. 167 R m w H Aeo a p uns as 8 OZ OOLz0Z d:V6 Z Z CZOZ OS e6e hoed dnjoee X]H-] luGwLl3ePV ]uemt43e nV :A.-� � a}M�9f9 3 � wf* \ c 2 « 2;;F LU0w 0 « e zk2 0 �wcn I _ 200' — � � U LLJ (1) Aft ct � � o-j z-J /$ LULU um za. a. ccn Lu q10 o� NO|Sn'H10ad b k .Bz a a 5 j �° � <= �m ƒ �r R— ILL Itt . �2® CL � �\t R >� ƒ �} 5 � CY 00 �m a U. » �R �m .. � 0�2 2QQ <5 ¢ w <= . <a w20 �s U. �3 �2 <=s /Lk <2 0 / �^ _ « <= o 2 �w q _ �, �- �\ I } k ! 0 w 2 a \ a 3ANG I�JOdM]N __ EXHIBIT amma= 3.B.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PU021000202E 1, o"1d1O Gbefga (print name), as President (title, if applicable) of stnse ca, it condo Association, tnc- (company, Ifapplicable), licable), swear or affirm under oath, that i am the (choose one) owner= applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have audr-Jzed 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/l authorize Tur-tt, Hail & Associates, Inc- to act as our/my representative in any matters regarding this petition including I 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 (LC.), 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 penaftieV of perjury, I declare that 1 have read the foregoing Affidavit of Authorization and that the facts stateckin it are true. n a - T- Z2. Date STATE OF FLORIDA COUNTY OF COLLIER Theforegoing%"A' going instrument was acknowleged before me by means of physical presence or ©online notarization this day of'0QQey \,oQ(" , 202:2,by (printed name of owner or qualih)er) Qv� c\Nc) C—i %loQ(ga Such person(s) Notary Public must check applicable box: M Are personally known to me Has produced a current drivers license G / 6 ,Z _(9 q3 _ y 5-_ qV r-O © Has produced n , , I/ ,/as identification. Notary Signature: MORGM B.RODGERS MY C,OMMISsM # GG 293917 EXPIRES: May 20, 2W CP408-00A-00115U 55 REV 3/4/2020 Packet Pg. 169 3.B.g Narrative Description: The proposed Boat Dock Extension request is for a multi -family docking facility associated with the upland development Sunrise Cay Il in Port of the Islands. The subject waterway is a man-made canal system called the Faka Union Canal which the subject docks are located along as well as an off -shoot canal that run along the eastern and southern property shorelines. The existing slips associated with the multi -family development are currently authorized to have 42 slips along their 975 of seawall shoreline. Thirty-six (36) of the existing slips are located within the canal off the Faka Union Canal along the southern seawall shoreline with only 6 being located out along the Faka Union Canal being their eastern shoreline. There is also an existing marginal concrete floating common dock area that will remain as is and within the existing footprint. All these slips and common dock were approved under the previous BDE which authorized the current angled slip configuration which was also approved as part of the existing Settlement Agreement #ADA-2008-AR-14059 the applicant has in place with Collier County. The proposed project consists of reconfiguring the slips from angled slips to being perpendicular to the shoreline and relocating the 6 slips out on the eastern shoreline to now having all 42 slips along the southern shoreline. The proposed slip reconfiguration also includes installing 42 floating boatlifts within each slip to allow the vessels to be stored out of the water on the float which will help protect the hull from marine growth and potential associated damages with always keeping the boat in the water. As proposed the vessels and associated boatlifts will protrude approximately 29-feet into the man-made canal that is approximately 149-feet wide therefore the proposed reconfiguration will not extend out past the allowed 25% width of waterway. The actual protrusion will be approximately 21% width of the subject waterway. The applicant's shoreline consists of approximately 975 linear feet of vertical seawall and the proposed structures would add up to a total of 12,553 square feet of over -water structure. As proposed the project is requesting for a 9-foot Boat Dock Extension from the allowed 20-feet for a total of 29-feet out from the Mean High -Water Line/seawall. Additionally, the project meets all requirements outlined with the Collier County MPP. Packet Pg. 170 3.B.g PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 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 total waterfront length for this property is 975-ft. The zoning and upland land use is multi -family with 42 residential units which currently has 42 slips along their seawall shoreline being 1 slip per upland unit. The proposed project is a reconfiguration of the existing 42 slips with the installation of floating boatlifts within each slip (42). As proposed the project will maintain the existing slip count which still meets all the requirements under the Collier County Manatee Protection Plan (MPP). Criterion Met 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: Water depths are not the driving factor for the requested BDE. The driving factor is the configuration of the slips being perpendicular to the seawall is the reason for the BDE petition request. The justification of the proposed slip design is to create a safe design to allow all 42 slips ingress/egress their slip with less of a chance of conflicting with their neighboring slip. A shore parallel design would reduce the overall protrusion but creates a navigational issue when you have 42 slips/vessels bow to stern laying along the shoreline with little to no room for navigation. With how this question is stated the proposed project does not meet this criterion. 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.) Packet Pg. 171 3.B.g Response: The proposed docking facility will not have any adverse impacts on navigation as it will only protrude 29-feet from the MHWL into the waterway that is approximately 149- feet wide from MHWL to MHWL. The entire waterway is used for navigation as there are no navigational markers indicating the exact thread of navigation. The proposed docking facility provides adequate space for navigation through this waterway as well as provides sufficient space for a dock to be built across the waterway from the subject property and still provide adequate space for navigation. Overall dock protrusion is approximately 21% width of the waterway. Criterion Met 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The proposed docking facility protrudes approximately 29-feet from the MHWL into a waterway that is 149-feet wide from MHW to MHW. The proposed dock protrudes approximately 21% into the waterway and therefore as proposed the dock does meet this criterion. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide the more than the required 15-foot setbacks from both property/riparian lines. The dock design and location has been designed to be located within the required setbacks, provide safe access with a vessel and not interfere with any future neighboring docking facilities that maybe constructed. Criterion Met Packet Pg. 172 3.B.g SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: The one special criterion is the number of upland units being 42 which per the MPP allows us to have 1 slip per upland unit therefore we are allowed 42 slips. With the allowed number of slips there is not enough shoreline length owned by this development to allow safe shore parallel mooring of vessels up to 29-feet and have enough area for 42 slips. Therefore, the only option is to propose perpendicular mooring of the vessels which increases the overall protrusion into the waterway but due to the waterway width being 149-feet wide will allow the proposed modification without impacting navigation nor any adjacent properties. Criterion Met 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: The main reason for the proposed project is to reconfigure the existing slip layout and locations as well as to install new floating boatlifts within each slip. These floating boatlifts will provide additional dock surface area for each slip owner which will provide better access to their vessel and allow for routine maintenance like hull cleaning. The proposed design will also improve the existing access to each slip/vessel without using excessive decking or constructing new docks. Criterion Met 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: N/A 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The proposed project consists of just reconfiguring and relocating the existing 42 slips already authorized for the subject property. Additional decking area will be added however there should not be any new impacts to any of the surrounding properties nor their existing view of the subject waterway. Criterion Met Packet Pg. 173 3.B.g 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: There are no seagrass beds present on the property nor the neighboring properties within 200' of the existing dock structure. Criterion Met 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: The subject property is subject to the Collier County MPP. As proposed, we have met all the requirements within the MPP and will be installing new Manatee Awareness and Educational signs for public awareness. Additionally, the project will not be increasing the total slip count of 42 slips. 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LL Za Z gw } nT 20Z zm m .. um O N W a d 0 11 1q" T� of 0) 00 96 DON 0 = co U m m U t� J J N W N M U�u� (7 Z N J r m W v� co 0 Z Y 0 Q _ SOD co D�Q� � � O om z cr) T w J o 0 '� 0 � W LL � � J 1., ^L. CD � J O 0 J ~ _z ` U ON O Q w o W LU wW L �Q.� 0 �- U U) to 00 00 co" W W = 0 Z � 0LL L WB QW� yJ W a � Q Cl)LL LL F- Z v N M oi�to W z= Z _Z Q W 00 0 °° cco o w0~ to � � ��U �_ >= o�� W W J_ ow o 0 o0 wQ M Z �...0 Mvw U z W\ 0 Cl O�na 0a�� a �O a �o a: � II W J a v W m t + -10 • A� }A, Lt +fie J A6 A�' Aa o (0) 991,9 ? 3. MOZo00N -E�tl - A:." 3.B.g SUNRISE CAY II 301 SUNRISE CAY DRIVE NAPLES, FL 34114 SUBMERGED RESOURCE SURVEY SEPTEMBER 2, 2022 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 Packet Pg. 187 Sunrise Cay II Submerged Resource Survey September 2, 2022 1.0 INTRODUCTION The Sunrise Cay multi -family residences are located at 301 Sunrise Cay Drive, Naples, FL and can be identified by parcel #01067083506. The property is bound to the north by the sister development known as Sunrise Cay I, to the south by the man-made canal off the Faka Union Canal, to the east by the Faka Union Canal, and to the west by Newport Drive. The property is located at Section 09, Township 52 S, and Range 28 E. The landward portion of the property currently contains 4 separate multi -family buildings with a concrete seawall shoreline with 42 individual slips and one concrete floating dock for the association all of which has been authorized by both DEP & the U.S. Army Corps of Engineers (USACE), through permit numbers #0220350-002 & SAJ-2003-09792. Turrell, Hall & Associates was contracted to provide environmental permitting services pertaining to the proposed slip reconfiguration and installation of 42 floating boatlifts which includes completion of a Submerged Resource Survey (SRS). This observation survey will provide planning and assistance to both the owner(s) and government agencies reviewing the proposed project. The SRS survey was conducted on September 2, 2022. Weather conditions consisted of mostly sunny skies, light winds out of the east, and an air temperature of 84' F at the time the observations were conducted. The tide was a high tide but falling upon arrival to the site around 10:30am. High tide provided clear water allowing for observance of most of the bottom substrate with just a mask and snorkel from the surface to mid -level water column. It is estimated visibility was approximately 3-5' which are ideal conditions for this area. High tide at the project site occurred prior to our arrival at 6:34 A.M. (2.7 ft.) and low tide had occurred after to our observations were completed at 2:41 P.M. (0.2 ft.). The water temperature was approximately 83' F which was a little low for this time of the year but was determined the amount of freshwater run off from upstream influenced the temperature more than the warmer gulf waters. 2.0 OBJECTIVE The objective of the submerged resource survey was to identify and locate any existing submerged resources within the proposed project footprint and general area extending out approximately 200-feet from the subject property shoreline. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so, would assist in reconfiguring the proposed slip/boatlift layout to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit in order to verify the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site (or the lack there of), estimated the percent coverage, and delineated the approximate limits of any submerged resources observed. Packet Pg. 188 Sunrise Cay II Submerged Resource Survey September 2, 2022 Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the Submerged Resource Survey to cover the entire property shoreline extending out approximately 200-feet as required by the Collier County LDC. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials extending out 200-feet from the subject property shoreline. • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The survey area was evaluated systematically by following the established transects, spaced approximately 10-15 feet apart along the entire subject property shoreline extending out across the southern canal and out approximately 200-feet out into the Fake Union Canal. The existing dock piles and adjacent docks all provided numerous reference points for easily identifiable land markers which assisted in maintaining position within each transect. 4.0 RESULTS The substrate found within the surveyed area consists of 2 distinct classifications: silt sand and muck with a various level of scattered shell debris. The substrates were found throughout the entire surveyed area ranging from the base of the seawall (silt sand) with the more muck material being observed out towards the center of each waterway where depths are greater. The shoreline consists of a concrete seawall with existing dock piles outlining the 42 slips and one floating dock which all support a variety of fish as well as sessile and motile invertebrates such as barnacles which were observed growing on potions of the seawall panels and piles. All the existing dock piles will be replaced and so loss of motile organisms that have recruited on those piles will occur. But considering the abundance of life in the area in general, it is likely that the replacement piles will be quickly re -colonized. Accordingly, no impacts or permanent loss of function associated with submerged resources is expected to occur as the result of the proposed work. A list of species observed during the SRS can be seen below in Table 1. Packet Pg. 189 Sunrise Cay II Submerged Resource Survey September 2, 2022 Table 1 - Observed species Common Name Scientific Name Common barnacle Balanus spp. Mangrove snapper Lutjanus griseus Atlantic shee shead Archosargus probatocephalus Common snook Centropomus undecimalis Striped Mullet Mugil cephalus Crevalle Jack Caranx hippos American Alligator Alligator mississippiensis West Indian Manatee Trichechas manatus 5.0 CONCLUSIONS The SRS was conducted and completed throughout the proposed project surrounding area and yielded no results besides barnacle growth and some floating freshwater grasses. No mangroves, seagrasses, or other resources were otherwise observed anywhere within the vicinity of the project site. Therefore, negative impacts to submerged resources are not expected as a result of any proposed project at this location. al Packet Pg. 190 3.B.g SEDIMENT ON -SITE Sunrise Cay II Submerged Resource Survey September 2, 2022 SEDIMENT ON -SITE DOCK PILE WITH BARN LE GROWTH I EASTERN SHORELINE ALONG FAKA UNION CAN Packet Pg. 191 3.B.g collier coKHty Growth Management Community Development Department Sunrise Cay II Manatee Protection Plan Analysis (PL20230007438) 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 An analysis of the project considering the Collier County Manatee Protection Plan (MPP) has concluded the following: Vegetation Impact — For shoreline vegetation, such as mangroves, "No Impact" is defined as no greater than 5% of the native marine habitat is disturbed. For seagrasses, "No Impact" means that no more than 100 square feet of seagrasses can be impacted (Manatee Protection Plan, page 79). An analysis of shoreline vegetation was provided by Turrell, Hall and Associates. Based upon the existing dock site plan, no impacts of shoreline vegetation are proposed. As a result of the historic and ongoing dredging, no seagrasses are present within 200 feet of the proposed docking facility located as part of the Faka Union Canal. Overall, this factor is classified as "No Marine Impact" to Marine Habitat under the Marina Siting Criteria of the MPP. Water Depth —Adequate water depths must be greater than -4 feet Mean Low Water (MLW; Manatee Protection Plan, page 72). Current depth of the area ranges between -4.5ft MLW to -8.4 ft MLW. Therefore, this factor is classified as "Greater than 4 feet MLW" for Water Depth under the Marina Siting Criteria. Manatee Deaths — The MPP considers High Manatee Use densities to be in areas where more than 20 percent of all the watercraft -caused manatee deaths in Collier County have been found (Manatee Protection Plan, page 73). An analysis of the most recent data has 38 out of 188 (20%) watercraft -related manatee deaths within a 5-mile radius of the project site. Based upon the data the area is considered "Not High for Manatee Use" under the Marina Siting Criteria of the MPP. Additionally, the primary route to and from the proposed docking facility is marked and a "No Wake Zone"; the Manatee protections are enhanced. In summary, the above information results in no marine impact and water depths exceeding -4 feet MWL. The project's location is determined to be not high manatee use the outcome results in a Preferred ranking under the MPP. Under Preferred Ranking, new boat slip density would be allowed at 18 slips per 100 feet of shoreline The application states there are 975 linear feet of shoreline, which would equate to 176 slips allowed (975 linear feet x 18 slips/100). The applicant is proposing 42 wet slips, which is under the 176-boat slip limit; therefore, the project is consistent with the MPP. Page 1 of 2 Packet Pg. 192 collier coKHty Growth Management Community Development Department MARINA SITING CRITERIA 3.B.g 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 Water Depth Native Marine Habitat Manatee Use -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Greater Than Less Than No Impact' Impact Not High High 4' MLW 4' MLW ------------------------------------------------------------------------------------------------ PREFERRED X X X MODERATE X X X MODERATE X X X MODERATE X X X PROTECTED X X X PROTECTED X X X PROTECTED X X X PROTECTED X X X ------------------------------------------------------------------------------------------------ (1) For shoreline vegetation such as mangroves, no impact is defined as no greater than 5% of the native marine habitat is disturbed. For sea grasses, no impact means that no more than 100 square feet of sea grasses can be impacted. Table 3-1 Marina Siting Criteria & Allowable Wet Slip Densities Preferred Sites. New or expanded wet slip marinas and multi -family facilities: Shall be allowed at a density of 18 boat slips for every 100 feet of shoreline. Dry Storage facilities: Expansion of existing and construction of new facilities allowed. Boat Ramps: Expansion of existing and construction of new ramps allowed. Page 79 of MPP i and Approved For: a PL20230007438 Date:5/2512023 S c E s Page 2 of 2 Packet Pg. 193 3.B.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 1 CA Q` WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTI N 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER ,PL 20ZI0002oZ� SI AJVRE OF A P ANT OR AGE34T STREET OR P.O. BOX zZe' 1,15 FL O NAME (TYPED OR PRINTS CIT , STAT ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of , 20 , by personally known to me or who produced as identification and who did/did not take an oath. Elm. '•• AMANDA W HORTON Notary Public - State of Florida Commission # HH 169081 My Comm. Expires Aug 24, 2025nded through National Notary Assn. My Commission Expires: (Stamp with serial number) a NSW Signature of NotaryPublic Printed Name of Notary Public Rev.3/4/2015 Packet Pg. 194 . -k - . U �L 0 m Oo N O N O O O T" N O N J a rn N (.D N Packet Pg. 1 57 • nye PUSUC HEARILNGJ40 E S-Emw C" 4 rt■widd� C1A 1pmt tlm&*. pe r "m# i "I 114i aw U �L 0 m 00 N O N O O O r N O N J a N �D N Packet Pg. 196