Loading...
Agenda 09/26/2023 Item # 9A (Ordinance: Approve a rezone Ordinance relating to the Brookside Marina)09/26/2023 9.A EXECUTIVE SUMMARY This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone Ordinance relating to the Brookside Marina by changing the zoning classification of real property from the Residential Single Family 4 (RSF-4) Zoning District to the General Commercial (C-4) Zoning District limited to a marina use for the property located on Davis Boulevard approximately 2/10 of one mile east of Tamiami Trail East in Section 2, Township 50 South, Range 25 East, consisting of 4.4f acres; and by providing an effective date. [PL20190001540] OBJECTIVE: To have the Board of County Commissioners ("Board") review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition, render a decision regarding this rezoning petition and ensure the project is in harmony with all the applicable codes and regulations to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is located on Davis Boulevard, approximately 2/10 of one mile east of Tamiami Trail East, in Section 2, Township 50 South, Range 25 East, consisting of 4.4+/- acres. The applicant is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Single Family-4 (RSF-4) Zoning District to a General Commercial District (C-4) Zoning District limited to a marina use. FISCAL IMPACT: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The Future Land Use Map depicts the 4.4-acre project site as Urban, Urban Mixed -Use District, Urban Residential Subdistrict, and within the Coastal High Hazard Area. The Urban Mixed -Use District of the Future Land Use Element states, "Water -dependent and water -related land uses are permitted within the coastal region of this District. Mixed -use sites of water -dependent and water -related uses and other recreational uses may include water -related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any development that includes a water -dependent and/or water -related land use shall be encouraged to use the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive areas and assure compatibility with surrounding land uses." The project is consistent with Policy 7.1 of the FLUE due to its connection to a 6-lane arterial road, Davis Blvd. SR84. Policies 7.2, 7.3, and 7.4 of the FLUE do not apply to the project since the property is mainly submerged. • Policy 6.1.1 of the GMP's Conservation and Coastal Management Element (CCME) is also not applicable due to the submerged property. The trimming and alteration of the existing mangroves will be governed by the State pursuant to the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333, Florida Statutes. • CCME Policy 10.1.1 - The rezone application seeks approval for a marina and is consistent with and implements this policy. • CCME Policy 10.1.5 - Marinas and all other water -dependent and water -related uses shall conform to all applicable regulations regarding development in marine wetlands. This project will not destroy wetlands. The proposed project is consistent with the Growth Management Plan. Packet Pg. 21 9.A 09/26/2023 Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and C. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses theproject's significant impacts on all roadways. " According to the Transportation Impact Statement (TIS) dated September 23, 2022, provided with this petition, the proposed Brookside Marina Submerged Lands Rezone will generate a projected total of +/-24 PM peak hour two- way trips. Currently, there are 39 existing wet slips, with the requested rezone proposing an additional 73 wet slips, representing +/-16 PM peak hour two-way trips net new trips on the following roadway segments with the listed capacities according to the 2021 and 2022 AUIR. Staff notes that the requested rezone is limited to submerged land C-4 uses only, as indicated in the TIS. Roadway Link/ID Current Peak Hour 2021 2021 AUIR 2022 2022 AUIR Peak Direction AUIR Remaining AUIR Remaining Service LOS Capacity LOS Capacity Volume/Peak Direction Davis Airport Pulling 2,700/East C 1,244 C 1,233 Boulevard Rd to US 41/12.0 US 41/East Davis Blvd to 2,900/East C 1,158 C 942 Tamiami Airport Pulling Trail Rd/91.0 Based on the 2021 and 2022 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for this development within the 5-year planning period. Therefore, the subject Rezone is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (COME). The project site consists of 0.024 acres of native vegetation. A minimum of 0.002 acres (10%) of native vegetation is required to be preserved. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition RZ-PL20190001540 on May 4, 2023, and by a vote of 4 to 0, recommended to forward this petition to the Board with a recommendation of approval with required changes to the Conditions of Approval proposed by Applicant as explained below. The CCPC approval was unanimous. However, opposition and concerns were Packet Pg. 22 9.A 09/26/2023 expressed during the CCPC meeting, as noted in Attachment D. As such, this petition will be placed on the Regular Agenda. The required nine additions to be added to the Conditions of Approval by the CCPC include: • NMH to ensure that access to/from Brookside residents' docks is not impeded and that existing docks will not be extended any further north into the basin • FBC to install two cameras within the marina basin • FBC to explore cooperating with Mr. Harms to install a third camera at the entrance to Rock Creek • FBC to send a manned vessel to the entrance of Rock Creek to monitor activity at anticipated high -use times • NMH to offer 10 additional cameras to property owners along Harbor Lane, first come/first serve • NMH to offer one wet slip to marine law enforcement vessel • Liveaboards are prohibited from mooring at wet slips or anchoring in the basin • Personal watercraft (e.g., Jet Skis, Sea-Doos, WaveRunners, etc.) prohibited from mooring at wet slips • One slip equals one boat for a maximum of 112 boats for the applicant Please note that the conditions above were modified by the County Attorney's office and Applicant and placed in the draft Resolution since FBC is not an Applicant. LEGAL CONSIDERATIONS: Applicant requests a rezone from the Residential Single Family 4 (RSF-4) Zoning District to the General Commercial (C-4) Zoning District. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezoning is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that your decision is not later found to be arbitrary, discriminatory, or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Straight Rezones 1. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the Growth Management Plan elements? 2. Considering the existing land use pattern, Will the proposed rezone be appropriate? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5. Do changes or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Will the proposed change 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? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? Packet Pg. 23 9.A 09/26/2023 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Is it impossible to find other adequate sites in the county for the proposed use in districts already permitting such use? 16. Consider: The physical characteristics of the property and the degree of site alteration required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. How does development impact the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare? This item has been approved as to form and legality, and it requires an affirmative vote of four for Board approval. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. (HFAC) RECOMMENDATION: To approve the rezoning request for Petition RZ-PL20190001540, Brookside Marina. Prepared by: Timothy Finn, AICP, Planner III, Zoning Division ATTACHMENT(S) 1. Staff Report- Brookside Marina (RZ) (PDF) 2. Attachment A - Revised Ordinance 8-21-23 (PDF) 3. [Linked] Attachment B - Application -Backup Materials (PDF) 4. Attachment C- Updated Advertising Hearing Sign (PDF) 5. Attachment D - Letter of Concern (PDF) 6. legal ad - agenda ID 24795 (PDF) Packet Pg. 24 9.A 09/26/2023 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 24795 Item Summary: This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone Ordinance relating to the Brookside Marina by changing the zoning classification of real property from the Residential Single Family 4 (RSF-4) Zoning District to the General Commercial (C-4) Zoning District limited to a marina use for the property located on Davis Boulevard approximately 2/10 of one mile east of Tamtamt Trail East in Section 2, Township 50 South, Range 25 East, consisting of 4.4± acres; and by providing an effective date. [PL20190001540] Meeting Date: 09/26/2023 Prepared by: Title: — Zoning Name: Tim Finn 05/31/2023 8:15 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bost 05/31/2023 8:15 AM Approved By: Review: Zoning Ray Bellows Additional Reviewer Growth Management Community Development Department Diane Lynch Zoning Mike Bosi Division Director Growth Management Community Development Department Mike Bosi Growth Management County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/01/2023 2:46 PM Growth Management DepartmentCompleted 08/21/2023 2:24 PM Completed 08/30/2023 8:28 AM Completed 09/07/2023 11:14 AM Completed 09/13/2023 5:31 PM Completed 09/14/2023 9:24 AM Completed 09/14/2023 12:14 PM Completed 09/15/2023 11:21 AM Completed 09/18/2023 11:30 AM 09/26/2023 9:00 AM Packet Pg. 25 9.A.a CodjeT CO-Uftty ovowo%ww%mowq, _ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 4, 2023 SUBJECT: RZ-PL20190001540; BROOKSIDE MARINA Owner: Naples Marina Holdings, LLC 801 E. Venice Avenue Venice, FL 34285 REOUESTED ACTION: Agent: Clay C. Brooker, Esq. Cheffy Passidomo, P.A. 821 Fifth Avenue South Naples, FL 34102 The applicant is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Single Family-4 (RSF-4) Zoning District to a General Commercial District (C-4) Zoning District limited to a marina use. Cl��Zl1.7\ �a[y IC�Z�111_Y_CI�� The subject property is located on Davis Boulevard approximately 2/10 of one mile east of Tamiami Trail East, in Section 2, Township 50 South, Range 25 East, consisting of 4.4+/- acres; and by providing an effective date. (See location map, page 2). RZ-PL20190001540; Brookside Marina Revised: March 30, 2023 Page 1 of 11 Packet Pg. 26 9.A.a �a �Q m N m r �o v p CD �C� o� N CD Wo 0 Q cD v v N O ` North R FY PROJECT,, in in ar r RU I -r - LO CATION r RID l fo _ Estev M T x T _ Z r r^ Ld 1 Wdida% LX liarhnk s a s !x 7 I.wt I.N T t�. e n.is R .11 i AV E [iirkwood AVF= EVE r i 15, JI . a M 'ktoeroe AVE if4ja C {VE Blue Point Sm gglers C:4 rch ti _ -tip' kI1 � C:hcsltipeake:�'E `� fferuln.lti'E ~ Location Map 10®af .1 s C-GTMUD- XD NIMVTRIANGL 1 MPII❑ m � MPUD-GT - o a �1 . g R RRR RSai CITY OF - -GT UD- NAPLES v Fre Petition Number, PL20190091540 Zoning Map Packet Pg. 27 9.A.a PURPOSE/DESCRIPTION OF PROJECT: The approximate 4.4-acre subject property is currently zoned Residential Single Family (RSF-4) district. The applicant proposes to rezone the subject site to General Commercial (C-4) district to permit water -dependent and related uses. SURROUNDING LAND USE AND ZONING: North: Developed with single-family residential with a current zoning designation of Residential Single Family (RSF-4) district South: Developed with commercial uses and open boat storage with a current zoning designation of General Commercial within the Gateway Triangle Mixed Use Overlay (C-4-GTMUD-MXD) district East: Brookside Drive (local road) the developed with single family residential with a current zoning designation of Residential Single Family (RSF-4) district West: Developed commercial within the City of Naples, with a current zoning designation of Highway Commercial (HC) District then to the south is developed commercial within Collier County jurisdiction with a current zoning designation of General Commercial (C-4) district HOLIDAY LANE e HARBOR LANE i W Ld d to Y m ;.;1 /9 DAVIS BOULEVARD (SR 84) S T% ¢/1 AERIAL PHOTOGRAPH (REZONING APP PL20190001540) ryeeree Mdnwring, inc. GATEFILE . 19002zex1 . lgflofle owG BRWK5IDE MARINA .=.E..a=E..a�=Pw,.=s�=wr...car.na.a..onen.o,n� y y r.��ww.=.. ww.ecasimrcE+xiew SHE JET: T. 19-002 SHE1 Aerial Map — Greensite Engineering, Inc. RZ-PL20190001540; Brookside Marina Page 3 of 11 Revised: March 30, 2023 Packet Pg. 28 9.A.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The Future Land Use Map depicts the 4.4-acre project site as Urban, Urban Mixed -Use District, Urban Residential Subdistrict, and is within the Coastal High Hazard Area. The Urban Mixed -Use District of the Future Land Use Element states, "Water -dependent and water -related land uses are permitted within the coastal region of this District. Mixed -use sites of water -dependent and water - related uses and other recreational uses may include water -related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any development that includes a water -dependent and/or water -related land use shall be encouraged to use the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive areas and assure compatibility with surrounding land uses." The project is consistent with Policy 7.1 of the FLUE, due to its connection to a 6-lane arterial road, Davis Blvd. SR84. Policies 7.2, 7.3, and 7.4 of the FLUE are not applicable to the project since the property is mainly submerged. • Policy 6.1.1 of the GMP's Conservation and Coastal Management Element (CCME) is also not applicable due to the property being mostly submerged. The trimming and alteration of the existing mangroves will be governed by the State pursuant to the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333, Florida Statutes. • CCME Policy 10.1.1 — The rezone application seeks approval for a marina and is therefore consistent with and implements this policy. • CCME Policy 10.1.5 — Marinas and all other water -dependent and water -related uses shall conform to all applicable regulations regarding development in marine wetlands. This project will not destroy wetlands. The proposed project is consistent with the Growth Management Plan. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occurs: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is RZ-PL20190001540; Brookside Marina Page 4 of 11 Revised: March 30, 2023 Packet Pg. 29 9.A.a equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " According to the Transportation Impact Statement (TIS) dated September 23, 2022, provided with this petition the proposed Brookside Marina Submerged Lands Rezone will generate a projected total of +/-24 PM peak hour two-way trips. Currently, there are 39 existing wet slips with the requested rezone proposing an additional 73 wet slips which represent +/-16 PM peak hour two- way trips net new trips on the following roadway segments with the listed capacities according to the 2021 and 2022 AUIR. Staff notes that the requested rezone is limited to submerged land C-4 uses only, as indicated in the TIS. Roadway Link/ID Current Peak 2021 2021 2022 2022 Hour Peak AUIR AUIR AUIR AUIR Direction LOS Remaining LOS Remaining Service Capacity Capacity Volume/Peak Direction Davis Airport 2,700/East C 1,244 C 1,233 Boulevard Pulling Rd to US 41/12.0 US Davis Blvd 2,900/East C 1,158 C 942 41/East to Airport Tamiami Pulling Trail Rd/91.0 Based on the 2021 and 2022 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for this development within the 5-year planning period. Therefore, the subject Rezone can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 0.024 acres of native vegetation. A minimum of 0.002 acres (10%) of native vegetation is required to be preserved. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including Section 10.02.08.17, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establishes the legal basis to support the CCPC's recommendation. Drainage: The proposed zoning amendment request is not anticipated to create drainage problems in the area. RZ-PL20190001540; Brookside Marina Page 5 of 11 Revised: March 30, 2023 Packet Pg. 30 9.A.a Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The property consists of submerged lands; the required preserve is 0.002 acres (10% of 0.024 acres). The preservation amount will be confirmed at SDP/PPL review. No listed animal or plant species were observed on the property. While the property is located adjacent to Rock Creek, a natural waterbody, the subject property is a dredged man-made basin. Currently, the property has thirty-nine (39) existing wet slips. The applicant is proposing to add seventy-three (73) wet slips. In accordance with LDC section 5.05.02, all proposed multi -slip docking facilities with ten or more slips are required to be reviewed for consistency with the Manatee Protection Plan (MPP). The MPP has been adopted by the Board of County Commissioners and approved by the Florida Department of Environmental Protection (DEP) in 1995. The MPP was established to protect manatees by limiting slip counts in sensitive marine habitats and improving manatee awareness. The marina citing criteria establishes three rankings for proposed multi -slip docking facilities: "Preferred," "Moderate," and "Protected." The rankings are determined based on an analysis of the water depth, impact on native marine habitat, and manatee use. The ranking outcome establishes the maximum slip count allowed for a proposed multi -slip docking facility. A Manatee Protection Plan (PL20180002738) evaluation for the subject property determined the property to be Preferred ranking allowing for a 311.7 slip limit. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this development. Landscape Review: The landscape buffers labeled within the subject property boundary on the Conceptual Master Plan are consistent with the LDC. Utility Review: The project lies within the City of Naples's potable water service area and the south wastewater service area of the Collier County Water -Sewer District (CCWSD). Wastewater services are not required for this project. The City of Naples Utilities Department furnished a letter of water service availability on September 7, 2022. Zoninz Services Review: Based on historical imagery from County GIS Maps and County Aerial and Map Atlas, the submerged lands which are the subject of this rezone petition, along with their associated uplands, have been operated as a marina since the 1960s. Aerial photography shows three piers of covered wet slips in the western basin of the submerged lands since at least 1979. In the early 2000s, additional wet slips were installed on the southern shoreline of the submerged lands (to the east of the western basin). At that time, the total number of wet slips in the submerged lands was 137. In 2013, the covered wet slips in the western basis were disassembled and removed by a predecessor owner, but the slips along the southern shoreline remained in use. In 2018, the applicant purchased the property, intending to re -install the wet slips and associated dock facilities in the western basin. However, the RSF-4 zoning of the submerged lands does not permit marinas (the 2013 removal of the wet slips in the western basin resulted in the loss of their valid non- conforming status). Therefore, in 2019, the applicant submitted this rezone petition to effectuate the process to re -install the wet slips in the western basin and allow recreational rental boats and other vessels to moor there. The conceptual site plan submitted with the rezone petition shows a total of 112 wet slips in the submerged lands, which is fewer than the number of slips that existed RZ-PL20190001540; Brookside Marina Page 6 of 11 Revised: March 30, 2023 Packet Pg. 31 9.A.a prior to 2013. It should be noted that the County's Manatee Protection Plan ranks this property as a "preferred" marina site, qualifying the submerged lands and the associated uplands for a total of 311.7 wet and dry slips. Specifically, the applicant is requesting to rezone the submerged lands from RSF-4 to C-4 with permitted uses limited to the following water -dependent and water -related uses: 1. Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), and all structures and uses accessory to marinas, including, but not limited to, boat slips (wet), piers, walkways, davits, boat lifts, boat lift canopies, and boat ramps. 2. Water Transportation of Passengers (4489 — except airboats/swamp buggy rides). 3. Water Transportation Services (4499), limited to boat cleaning, boat hiring (except pleasure) boat livery (except pleasure), commercial boat rental, and chartering of commercial boats. 4. Amusement and Recreation services (7999), limited to recreational/pleasure boat rentals, operation of charter or party fishing boats, canoe/kayak/rowboat rentals, houseboat rentals (except not for liveaboard purposes on the Property), and tourist guides. The applicant has agreed to prohibit liveaboards and personal watercraft (e.g., Jet Skis, WaveRunners, Sea-Doos, etc.) from anchoring in the submerged lands or mooring at the wet slips. 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 the proposed change in relation to the following when applicable." (Zoning Division staff responses in non -bold): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map (FLUM) and the elements of the GMP. Comprehensive Planning staff has determined the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern related to surrounding properties are described in the Surrounding Land Use and Zoning section of this report. The proposed uses will not change the existing land use patterns in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezoning will not create an isolated district to adjacent and nearby districts. The intent of the proposed C-4 limited water -dependent and water -related uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries are logically drawn. There are no boundary changes RZ-PL20190001540; Brookside Marina Page 7 of 11 Revised: March 30, 2023 Packet Pg. 32 9.A.a proposed. 5. Whether changed or changing conditions make the passage of theproposed rezoning necessary. Changing conditions do not make the passage of the proposed rezone necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions in the neighborhood. Development will meet site design standards set by the LDC. 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. As noted above, Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be addressed at the time of first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. The roadway infrastructure has adequate capacity to serve the proposed development at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at the time of the Site Development Plan (SDP) review. The operational impacts for the facility will be reviewed at the time of the Plat or Site Development Plan (SDP). The TIS submitted by the applicant indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period as noted above and not adversely impact further the surrounding roadway network. & Whether the proposed change will create a drainage problem. It is not anticipated that the rezoning request to change Residential Single Family-4 (RSF-4) Zoning District to a General Commercial (C-4) Zoning District will create drainage problems in the area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed rezone from RSF-4 to C-4 would not reduce light or air to adjacent areas. Development will meet the site design standards set by the LDC. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally RZ-PL20190001540; Brookside Marina Page 8 of 11 Revised: March 30, 2023 Packet Pg. 33 9.A.a a subjective determination. Zoning alone is not likely to adversely affect property values. Generally, market conditions prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Staff does not anticipate the rezoning would be a deterrent to the improvement of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed rezone, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning is Residential Single Family-4 (RSF-4) which would permit single- family homes. The rezoning is necessary in order to develop the site with a marina and water -dependent and water -related uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff s position that the proposed rezoning to C-4 is not out of scale with the needs of the community or the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not specifically 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 future development anticipated by the rezoning would require an extensive 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 Growth RZ-PL20190001540; Brookside Marina Page 9 of 11 Revised: March 30, 2023 Packet Pg. 34 9.A.a Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. I& Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. JANUARY 6, 2022 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on January 6, 2022, at the Naples Bay Resort and Marina in the Point conference room, located at 1500 Fifth Avenue South in Naples. 18 people attended the NIM and 14 via Zoom. The meeting commenced at approximately 5:30 p.m. and ended at 6:30 p.m. The applicant's agent explained the request for the proposed Rezone. Clay Brooker, the agent, conducted a PowerPoint presentation and gave a detailed explanation of the project. After the presentation, the meeting was opened to questions and answers that were discussed such as: • Seawall protruding into the channel on the west side • Boats crating wakes of water • Brookside allegedly operating illegally • Submerged lands ownership • Property appraiser codes • Number of boat slips, boat sizes, and boat ramps • Environmental concerns • Boat traffic study • Stormwater issues • Proposed boat traffic that Freedom Boat Club will generate • Noise pollution • EPA representation • Marine engineering firm • Any music or restaurants proposed It should be noted that during the NIM it was discovered that the fourteen people attending via Zoom could not hear the meeting. As such it was announced that a second NIM was to be scheduled at a future date. Clay Brooker answered all questions and concerns. No commitments were discussed at this NIM meeting. A copy of the NIM materials is included in Attachment C. JULY 19, 2022 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on July 19, 2022, at the Collier County Growth Management Building, Room 609/610 located at 2800 N. Horseshoe Drive in Naples. 10 people attended the NIM and 19 via Zoom. The meeting commenced at approximately 5:30 p.m. and ended at 7:25 p.m. The applicant's agent explained the request for the proposed Rezone. Clay Brooker, the agent, conducted a PowerPoint presentation and gave a detailed explanation of the project. After the presentation, the meeting was opened to questions and answers that were discussed such as: RZ-PL20190001540; Brookside Marina Page 10 of 11 Revised: March 30, 2023 Packet Pg. 35 9.A.a • Parking for the marina after the property of the upland is conveyed • Environmental impact studies • Subsequent owners being bounded by the conditions of the ordinance • Operating hours of the marina • Total number of wet slips • Number of wet slips that were commercial versus residential • Number of charter boats and their sizes • Pre-existing nonconformities • Number of boats that are permitted on the 39 existing wet slips • Buffer zones or setbacks requirements are given the proximity of the uplands to neighboring properties (i.e., narrow canal) • Zoning of property to commercial rather than residential • Who are the owners of Naples Marina Holdings? Who will own the uplands? • Impact study • Number of boats that occupy each pod • Of the 112 wet slips, how many are exclusively for Freedom Boat Club Clay Brooker answered all questions and concerns. One commitment was made that a conceptual site plan would show the 112 wet slips that were approved by the Department of Environmental Protection. A copy of the NIM materials is included in Attachment C. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: 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. Environmental Services staff recommends approval of the proposed petition. The County Attorney's Office reviewed this staff report for content and legality on March 29, 2023. RECOMMENDATION: Zoning Division staff recommends the CCPC forward petition RZ-PL20190001540 — Brookside Marina to the Board of County Commissioners with a recommendation for approval. Attachments: A) Proposed Ordinance B) Application/Backup materials RZ-PL20190001540; Brookside Marina Page 11 of 11 Revised: March 30, 2023 Packet Pg. 36 9.A.b ORDINANCE NO. 2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RESIDENTIAL SINGLE FAMILY 4 (RSF-4) ZONING DISTRICT TO THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT LIMITED TO A MARINA USE FOR THE PROPERTY LOCATED ON DAVIS BOULEVARD APPROXIMATELY 2/10 OF ONE MILE EAST OF TAMIAMI TRAIL EAST IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 4.4f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001540] WHEREAS, Clay C. Brooker, Esq. of Cheffy Passidomo, P.A. representing Naples Marina Holdings, LLC petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property more particularly described in Exhibit A, located in Section 2, Township 50 South, Range 25 East, Collier County, Florida, is changed from the Residential Single Family 4 (RSF-4) Zoning District to the General Commercial District (C-4) Zoning District for a 4.4+/- acre project to be known as Brookside Marina, subject to the conditions shown in Exhibit B. Exhibits A through D are attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 126 Brookside Marina RZ / PL20190001540 8/21/23 1 of 2 Packet Pg. 37 9.A.b SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conditions of Approval Exhibit C - Location Map Exhibit D - Conceptual Plan 126 Brookside Marina RZ / PL20190001540 8/21/23 2 of 2 day of , 2023. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LOW Rick LoCastro, Chairman f Packet Pg. 38 I 9.A.b COASTAL Exhibit A CECI Group Services ENGINEERING Coastal and Marine Engineering CO N�7L--N-�-J Environmental and Geological Services Land and Marine Survey and Mapping INC. Website: www.coastalengineering.com RSF-4 PARCEL BROOKSIDE MARINA LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER (SW '/a) OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2, RUN N89042'44" E ALONG THE SOUTH LINE OF SAID SECTION FOR A DISTANCE OF 662.10 FEET TO AN INTERSECTION OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF MARNICK CORNER, A SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE N00019'57"W 242.84 FEET TO THE NORTHWEST CORNER OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 2, PAGE 454 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE CONTINUE N00019'57"W FOR A DISTANCE OF 427.26 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER (NW %) OF THE SOUTHWEST ONE -QUARTER (SW '/4) OF THE SOUTHWEST ONE - QUARTER (SW '/4) OF SAID SECTION 2 AND THE SOUTH LINE OF BROOKSIDE SUBDIVISION UNIT NO. 3 AS RECORDED IN PLAT BOOK 4, PAGE 88 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE N89035'48"E FOR A DISTANCE OF 892.16 FEET TO AN INTERSECTION WITH A LINE TWENTY (20) FEET WEST AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF BROOKSIDE DRIVE; THENCE ALONG SAID LINE S00014'14"E FOR A DISTANCE OF 153.66 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 4903, PAGE 2029 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE S89024'05"W FOR A DISTANCE OF 688.28 FEET; THENCE S00026'09"W FOR A DISTANCE OF 270.96 FEET TO THE NORTHEAST CORNER OF SAID LANDS RECORDED IN OFFICIAL RECORDS BOOK 2, PAGE 454; THENCE ALONG THE NORTH LINE OF SAID LANDS S89030'12"W FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES APPROXIMATELY 193,061 SQUARE FEET OR 4.43 ACRES OF LAND. BEARINGS RELATIVE TO NORTH AMERICAN DATUM OF 1983, FLORIDA EAST ZONE. '�,121 Bonita C.:roSsings BNd., Ronmi SP�r�r, ti_ 1-`1 34135 Pity?no Ci39) W_2324. Fax C'I)1 643-1143 121 1 Nm Ih Range Av,:. Smlki Denham Springs, L.A ?(}726 Phone(22>) 23-7401 F-mail: m(0l 'r: 4 (jy it SERVING COASTAL. COMMUNII"!ES SINCE ; 977 Packet Pg. 39 9.A.b � w � N Q s Q y p. oyQ 1Z .�z y b ppFCZ m t 0 a�� T IAN p D- n IA z� Ho g 0 �rA Z AN pp p7 m I �'i > tp] Q V } m AM+IINp A m Z flm j0 $z dd s' ,� n10 Is g�gm I + z N00"19'57"W 242.84' O Z NOO"19'57"W 427.26' z m �n a W...._j ....... n rz N [55>e Z O N - L 00 9 NOO°12'52"W 201.55' 4 >' 0°26'0 "W 2 .96' #� N00R26'0 " 270.96' D o D o SO R o_02 Co do ya i q Q}N}j m > n N N m Z m �> ci O O � Ilk a wy C N § f 7r 'n o ;g%;o m(n m g �v m mC DD 0) `n DCn TAM X " d' 60 oD y ` $ m A : O r m OR6S�$° Co �3 ;It c LA S00"06'17" E 470.00' nfOi " z m N <c rn �Om G � 6118o S w O 9 G a Lh d e m A9� B Z m �� 90 d6 6yFo >0 m �Ma m 11 0 dg s a m �z0 i D o 0 cn C) m a o -o IN v asps m Z m a S00"14'14T 153.66' d; � S O --- I Z-- --- ---1-- AVMj0lHDIU.09 BAiao 301SNooaa F Ail•AF j,..5 ,.. �F I ------------ ---- Ja 1 �9 As i ENGINEERING DDASYAL MJDNA NEFNDIN`ERIND NAPLES MARINA HOLDINGS LLC EMNRDNME O MID BLRVE ILM SERVICES LMq MID —NE SURVEY MIO IA�P"IND ]Rtf CONSULTANTS SKETCH OF DESCRIPTIONS OF LANDSLYINDIN SECTION ].70WNSHIP SO SOUTN, FLORIDA. RANGE E5 EAST. COLLIER COUNTY ]SE S v `.'. •,;•'SwlnyFM("&Iu tm RIDNE (S1FW}]]}� �,IA%: lvFWana uDIIo. z5.ta T 1BONITACRDSSINDS BOULEVARD -YmPrMSmm eDNrtA srRlNca. FLdDDA stt]5 "•""EJYII InNoF«Rl...m � zB.+IN-NARINA 91fETC11 +° Packet Pg. 40 9.A.b EXHIBIT B CONDITIONS OF APPROVAL A. The permitted uses are limited to the following water -dependent and water -related uses: 1. Marinas (4493 and 4499 — except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), and all structures and uses accessory to marinas, including, but not limited to, boat slips (wet), piers, walkways, davits, boat lifts, boat lift canopies, and boat ramps. 2. Water Transportation of Passengers (4489 — except airboats/swamp buggy rides). 3. Water Transportation Services (4499), limited to boat cleaning, boat hiring (except pleasure), boat livery (except pleasure), commercial boat rental, and chartering of commercial boats. 4. Amusement and Recreation Services (7999), limited to recreational/pleasure boat rentals, operation of charter or party fishing boats, canoe/kayak/rowboat rentals, houseboat rentals (except not for liveaboard purposes on the Property), and tourist guides. B. The project will be constructed in accordance with the "Conceptual Site Plan for Rezoning App RZ-PL20190001540 Brookside Marina, revised 1 /6/2023," prepared by Greensite Engineering, Inc. and attached as Exhibit D. However, the site plan is conceptual in nature and is subject to modification due to agency permitting. C. Naples Marina Holdings LLC, its successors or assigns, will ensure that access to/from Brookside residents' docks is not impeded and that the dock/pier structures associated with the 39 existing wet slips along the southern shoreline of the subject property will not be extended any further north into the marina basin. D. Naples Marina Holdings LLC, its successors or assigns, will ensure that Freedom Boat Club installs two cameras to monitor the marina basin no later than the date of completion of the installation of the 73 additional wet slips in the western basin, at no cost to the County or the Brookside residents. E. Naples Marina Holdings LLC, its successors or assigns, will offer to install a third camera on the property at 1736 Harbor Lane (to monitor vessel activity entering and exiting Rock Creek), subject to the property owner's consent and at no cost to the County or the Brookside residents. If the owner of 1736 Harbor Lane accepts the offer and consents, the camera will be installed no later than the date of completion of the installation of the 73 additional wet slips in the western basin. F. Naples Marina Holdings LLC, its successors or assigns, will ensure that Freedom Boat Club sends a manned vessel to the entrance of Rock Creek to monitor activity at [20-CPS-02019/1791924/1]122 1 of 2 5-12-23 Packet Pg. 41 9.A.b anticipated high use times, such as holiday weekends or during water events such as the "Great Dock Canoe Races". G. Naples Marina Holdings LLC will offer 10 additional cameras for donation to waterfront property owners along Harbor Lane, on a first come/first serve basis, at no cost to the County or the Brookside residents, no later than the date of completion of the installation of the 73 additional wet slips in the western basin. H. Naples Marina Holdings LLC will designate and reserve one wet slip to a marine law enforcement vessel. I. Liveaboards are prohibited from mooring at wet slips or anchoring in the canal or marina basin. J. Personal watercraft (e.g., Jet Skis, Sea-Doos, WaveRunners, etc.) are prohibited from mooring at wet slips or anchoring in the canal or marina basin. K. Each of the 112 wet slips is limited to one boat. [20-CPS-02019/1791924/11122 2 of 2 5-12-23 Packet Pg. 42 Exhibit C 9.A.b CD o' z 3 Cr m n r- N O O O O O Cn P. O N 0 cs� v Commercial DR x C o Packet Pg. 43 9.A.b Exhibit D ° 030 ®® O ®70'TYPEABUFFER O ZONM:: y m Rn GURREM USE NOTEL r 1 m I D m d € D (n Zm G m A a ¢T D $ Z ON00'1T 13'W 20155 \'� I�l A O of°[//' �� 3001913E 2)9B2'_- g Zyi .[L - -- N00 1T 13W 210.92' pI s° y m D £ - - �' I y M T i vi O � )] gP o (n r y o D v2� e9 G m CmI G I o sogm� 7 1 A ) m A � i IICJ �q (D q RivZONING: Ga-GTMUDMXD D CURREM USE' BOAT —ARC N� m 00 Z Omm O QQ Rp I Ag G €$a s . Al V. 1 pp p 8 = &$ d � BY8B6 R¢�¢ 55 ------------- 1 L S 00'14'ta' E i53.83' e BROOKSM DWE ZONING'. RSFa B Mt°nl CURRENT USE: RIGHTOF-WAY S ,p 9 S m Cm C N Y O 0 m LO m ti le v Packet Pg. 44 .9 Jr% k r 'm q 4C'm .6 dv ; I '. d .0 L & IN k� F k tl Llb 0 L P•. b Op L Pam jt p A V" y Al A dr I % Rb% 'L 'h qr P1 e Ll AFL• L 4-'-L -qr SLr F -A, br ^bF,-Ll A6 W .' L .1 P L. IY L d L IL w C j qL r."O Or. , 41 ■ JL Oh -4 1� ;Lh Ivy-- PL AL lk� SO r L PL qr 4- 9p d. rp, !?5P-L 44P p 4- elu A LIP lk 9 kx J r d 4v P. AL L dr 2, 0 k _P qf Al % AL p IL j­ %,f -w �p Alt% L % + r Elk. & d- -47L 7, b' A A m L b Ok d 9r ■ d. IL + ?6 %6 9. r La 16 h L ddL O;L 41 e 06 r J L MIR 4. rpq 0 Wdb� PF + d A Z qp #F b Ir ML r rr at krlll�_ A'Pm 4k% p Ilk L 1A % Jv d. Ad r Ok d, dL .40Y -W At LM Ilk I(P % M qr %J L IF L F 4r -P IN ..P JP6 1. Ir LIN 4 lald r-Ir r --%.r A� 4. P P/ mr % IL I py- % ,Pr L 14 — I ek % AL X 4 1p +L L % OR �l 3 Op llp ip Ar L66 I ?r e 1 4 . . - . . 'k —maw I 4 r 1p AM Ar 7 P% ig dm AL e- L. r� .dA \ VIIII I I vIqN 'dl—�Ll �dr 9.A.e April 24, 2023 2095 Harbor Lane Naples, FL 34104 Collier County Growth Management Timothy Finn — Planner III 2800 Horseshoe Drive N Naples, FL 34104 Dear Mr. Finn, Please accept this letter and the supporting attachments in regards to the upcoming Collier County Planning Commission Public Hearing regarding rezoning Brookside Marina. Two of the parcels that are being reviewed at this hearing (00386120002 and 00386080003) have a designated use code of 95 — River and Lakes, Submerged Lands, and they are currently house floating docks that are designated to have 39 boat slips. As recently as a week ago, neighbors who live on the water, observed as many as 68 boats docked in these slips, as the additional boats were being rafted up to other boats. It's also important to note that no taxes are currently being payed far the use of these two parcels. A business should be required to pay taxes on properties they use for business purposes, similar to how they are paying for taxes on the yacht basin parcel (00386200003). Below are some code violations that have occurred on parcels of Brookside Marina recently, related to the lessee, Freedom Boat Club: 1. A temporary trailer used by Freedorn Boat Club as an office, was granted a temporary permit for 730 days (April 17, 2018 to April 17, 2020). Despite Freedom Boat Club being notified of the infraction, being in violation, and non -compliant, which resulted in Freedom Boat Club being instructed to not utilize the trailer for any future use, the trailer (2017 Davis Blvd) wasn't removed until January 23, 2023, 1,012 days beyond the allowable period, Code Enforcement Case Number: CETU20220008804 2. A gazebo/deck was built next to the temporary trailer on the property without a permit, after a complaint was made to Code Enforcement, the gazebo/deck was removed sometime in November 2022. Code Enforcement Case Number: CESD20220008805 3. On August 19, 2022, Greater Naples Fire Rescue District Fire and Life Safety notified the Lessee, Freedom Boat Club of a stop work order, that provided the following comments: "the two gasoline storage tanks at your facility do not meet 7th Ed. Florida Fire Prevention Code NFPA 142.9, NFPA 30, 30A nor 303 standards. The tanks at your facility are diesel tanks which have Packet Pg. 46 9.A.e gasoline storage in them. Your site will need to pull a permit for a permanent installation." In addition, on the same inspection, the inspector commented, "No further use of the gasoline tanks may occur. 10 days have been provided to allow removal of the tanks." Despite these actions being required, they failed to comply, and on August 30, 2022, they were issued a red tag by the Fire District, and fined $250 as a result on August 31, 2022 (supporting documents attached). This morning, another temporary fuel tank was observed on the property by a neighbor (see picture below. what's concerning about the fuel is how the hose and pump handle is being stored, and the amount of oil slicks in the water that have been observed by homeowners living on this waterway. After Freedom Boat Club received their red tag from the Fire District, they began to bring fuel to the dock on their own via gas cans, as you can see in the below photo. The Environment Resource Permit, Permit: 01731790-003 El, clearly states "17. No Fuel storage shall be allowed on the docking structures", and it also states under the section entitled Specific Conditions - Operation and Maintenance Activities: "12. The permittee shall be equipped to adequately respond to fuel spills at the marina. The permittee shall accomplish this by: (a) installing, maintaining, and being capable of fuel spill equipment; (b) being a member of a fuel spill cooperative; or (c) contracting responsibility to a fuel spill contractor acceptable to the Department." Packet Pg. 47 9.A.e Based on the information provided above, it's clear that the operations at this location have a history of dismissing codes and regulations. I would encourage the planning commission to look closely at Collier County code requirements, Environmental Requirements, and Fire Code requirements to ensure the property is currently compliant and that the waterway has the ability to handle the number of boats being proposed at the marina, prior to approving the request to ensure that the plans will allow the site to remain compliant. Two requests that I would make of the commission is to make it clear that only one boat is permitted at each slip, regardless of the number approved; and change the use code for parcels 00386120002 and 00386080003, to 20 -Airports, Bus Terminal, Piers, Marinas, and appropriately tax these parcels. Based on the information shared, it's understandable as to why there is hesitation on neighborhood residents to accept the changes that are being proposed. Our waterway is not only a beautiful resource, but it also plays an integral role in the everyday lives of our community members. As residents, we have a vested interest in maintaining the health and well-being of this waterway. It directly affects the environment in which we live, work, and raise our families. We also derive great pleasure from utilizing the waterway in a safe and responsible manner for recreational activities, such as boating, kayaking, paddleboarding, and fishing. While we understand that your business is driven by the objective of generating revenue, we believe that it is essential to recognize that our mutual interests can coexist harmoniously. By taking into account the concerns of the residents and making certain concessions, your business can demonstrate a commitment to responsible corporate citizenship and forge stronger ties with the Brookside Neighborhood. One concession I would like to request, is the Brookside Marina grant the residents of the Brookside Neighborhood Riparian Rights to the boat ramp on the property, and one slip space to utilize while loading or unloading a boat/kayak/paddleboard in the water. Many longtime residents of Packet Pg. 48 9.A.e the Brookside neighborhood have mentioned this existed in the past, and I think it would be a great way to further develop and foster a relationship between Brookside Marina and the Neighborhood. Thank you for your time and consideration. Sincerely, C. Todd Morrison c.todd.morrison@gmail.com Packet Pg. 49 9.A.e OFFICE COPY DATE: INSPECTOR: LOCATION:_ VIOLATION:. O, m Lo O U 4- 0 L CD J w Packet Pg. 50 MobileEyes 9.A.e Page 1 of Greater Naples Fire Rescue District 2700 Horseshoe Drive North Naples, FL 34104 Freedom Boat Club. LLC 2015 Davis Boulevard Naples FL 34104 Invoice # 220831146001 Invoice Date 8/31 /2022 Balance Due $250.00 Due Date 9/15/2022 Due upon receipt Make checks payable to: Greater Naples Fire Rescue District Please remit payment with invoice number to. Attention Tracey Caparrelli Greater Naples Fire Rescue District 2700 Horseshoe Drive North Naples, FL 34104 Greater Naples Fire Rescue District Fire & Life Safety 2700 Horseshoe Drive North Naples. Florida 34104 Phone (239) 774-2800 Fax: (239) 774-3116 Freedom Boat Club. LLC 2015 Davis Boulevard Naples FL 34104 Invoice #220831146001 8/31 /2022 Description Amount Amount Paid Red Tag issued on 8/30/2022 on fuel tanks Tanks shall be removed from site Tanks. with approved permit, are allowed on site $250.00 Subtotal: $250 00 $0 00 Balance Due: $250,00 Inspector: Signature on file Captain Shar Beddow 8/31/2022 file://IC:/`FradeMaster.%201nc/MobileEN,es/In,.oiceReport.htm Packet Pg. 51 Page 1 of 9.A.e Greater Naples Fire Rescue District 2700 Horseshoe Drive North Naples, Florida 34104 Phone: (239) 774-2800 Fax: (239) 774-3116 Occupant Name: Freedom Boat Club LLC Suite: Address: 2015 Davis Boulevard City: Naples Occupant Number: Fuel Complaint - Red Tag # Insp. Result : Cct ::.!, cne ct Inspection Date: 8/31/2022 InspectionType: Complaint, Red Tag Inspected By ccc;c Captain Shar Beddow (239)241-1422 Direct sbeddow@gnfire org FL NFPA 01 2018 1 Fail 1 12 8 -Permit Requirements Chapter 1 Administration Inspector Comments: See additional information Inspector Comments: Red tag issued on tanks during field inspection 8/30/2022 Correspondence below, 8/31/2022 is follow up to questions received via email From Shar Beddow Sent Wednesday. August 31 2022 9 32 AM To Barry Slade Subject. RE 2015 Davis Blvd Inspection Report Freedom Boat Club Mr Slade. Thank you for the update I appreciate it I hope this supplemental information answers your questions 1) Use of facility where repair/maintenance is occurring, located in 2025 Davis Blvd shall have an occupational license inspection. The last occupational license on file for this location in our files and in property appraiseraET'ms records is for Gulf Shores Marina LLC. The trailer does have an occupational license 2) 1 wanted to provide some additional direction should your agency choose to install permanent fueling tanks Unfortunately the two temporary tanks installed which your agency has been directed to remove. are allowed by code for 180 days in a 12 month period provided they are code compliant The installation which was installed. fueling at the docks and etc was not complaint. It is acknowledged that the tanks may have been manufactured for gasoline however the installation at the site was not code compliant Below are the codes which affect permanent AG and UG tanks and dispensing facilities. Should your agency choose to move forward with permitting a tank and dispensing installation. this agency will assist in any way to expedite the fire review and field fire inspection 3) Thank you for the annual inspection report by Tri-Serve for the standpipe system Could you also provide the following file:///C:iT-radeMaster,%20Inc!MobileEyes/lnspectionReport.htm Packet Pg. 52 9.A.e Page 2 of Can you please provide me with the private fire hydrant ITM and Flow results? Can you please provide me with the 5 year inspection results also? Supplemental Code Information Installations of flammable and/or combustible liquids are required to meet the 7th Ed of the Florida Fire Prevention Code FFPC 101 1 1(1) (12) Table 1 1 12 8 Fuel tanks installed shall be permitted to meet the requirements of the following codes 7th Ed. Florida Fire Prevention Code 2016 NFPA 30 2016 NFPA 303 Marinas and Boatyards 2018 NFPA 30 2018 NFPA 30A 2017 NEC 70 Thank you for the opportunity to work with you and I appreciate your quick action and attention to these items Sincerely. Shar Beddow From. Barry Slade Sent: Tuesday. August 30 2022 4 30 PM To Shar Beddow Cc John Combes . Fire & Life Safety : Scott Ward Subject. Re 2015 Davis Blvd Inspection Report Hi Captain Beddow, Thanks for your time yesterday to discuss your Inspection Report dated 8119/2022. As stated. we want to be a good Corporate Citizen, as well as a good neighbor and will cooperate to resolve these as soon as possible Below is some information we hope you will find useful in getting these matters finalized. I will refer to the 4 items in the order they appear on the report 1) We are not aware of any infractions and have not been made aware of any violations involving our Occupational License You indicated you could provide us with some supporting documentation to understand this matter Could you please provide that information 2) Both tanks were removed today While arguing this now wonXTmt make a difference we still do not agree that the tanks are built only for diesel. and have several experts in the industry who support our position If/when the matter become pertinent again, we will present this data for your review. 3) The fire equipment is inspected regularly, most recently in January. As we discussed, this is likely just a case of proper labelling. Please see attached and confirm We can obtain additional reports dating back several years if needed. 4) See item 2 above Many thanks I look forward to hearing back from you Regards. tile: (': 1-radeMaster.°'o201nei'MobileEN-eslinspectionRepon.htm Packet Pg. 53 9.A.e Page 3 of Barry From: Fire & Life Safety Date Monday. August 29. 2022 at 4 50 PM To: Barry Slade . Shar Beddow Subject: 2015 Davis Blvd Inspection Report " CAUTION- External email. be careful with links and attachments. " Good Afternoon Mr Slade. As requested, attached please find Captain Beddowtili inspection report for 2015 Davis Blvd. Unfortunately, I was unable to locate an occupational license inspection report referenced on her report. By copy to Captain Beddow, Upon your return to the office Tuesday, would you please contact Mr Slade with the additional information? To reach him via telephone. please call 941-716-7774. Thank you. Best Regards. Tracey Tracey Caparrelli I Administrative Assistant. Fire & Life Safety Section Greater Naples Fire Rescue District 2700 Horseshoe Drive North Naples. FL 34104-6918 (239) 774-2800 ext 2104 www.greaternaplesfire.org Please click on the link be3ow for a brief survey Customer Service Satisfaction Survey Professionalism - Integrity - Compassion Information contained in this email pursuant to Florida Statute 119. is subject to a public records release. This email. including any attachments, is for the sole use of the intended recipient(s) and may contain legally privileged and/or confidential information. Any unauthorized review, use, disclosure, or distribution is prohibited If you are not the intended recipient(s), please contact the sender by reply email and destroy all copies of original message This email message may contain confidential or privileged information. If you are not the intended recipient. please delete the message and any attachments and notify the sender by return email. You should not retain. distribute, disclose or use any of the information in this message. ............. I-- ....... This data is internal to Brunswick. file:///C:/TradeMaster.%20Inc/MobileEN es'lnspectionReport.htm Packet Pg. 54 9.A.e Page 4 ol' Inspector will return on or after 9I112022 unless an inspection is requested for an earlier date. Thank you for your cooperation in keeping your business and our community safe! If you have any questions, please contact the fire inspector listed at the top of this report. Signature on file Inspector: Captain Shar Beddow 8/31 /2022 file:///C:/'TradeMaster.%201nc/MobileEves/inspectik)nReport.htm Packet Pg. 55 9.A.e Greater Naples Fire Rescue District 2700 Horseshoe Drive North Naples, FL 34104 Freedom Boat Club. LI-C 2015 Davis Boulevard Naples FL 34104 Freedom Boat Club, LLC 2015 Davis Boulevard Naples FL 34104 Invoice # 220831146001 Invoice Date 8/31/2022 Balance Due $250.00 Due Date 9/15/2022 Due upon receipt. Make checks payable to: Greater Naples Fire Rescue District Please remit payment with invoice number to: Attention Tracey Caparrelli Greater Naples Fire Rescue District 2700 Horseshoe Drive North Naples, FL 34104 Greater Naples Fire Rescue District Fire & Life Safety 2700 Horseshoe Drive North Naples, Florida 34104 Phone: (239) 774-2800 Fax: (239) 774-3116 Invoice #220831146001 8/31/2022 Description Amount Owed Amount Paid Red Tag issued on 8/30/2022 on fuel tanks. Tanks shall be removed from site. Tanks, with approved permit, are allowed n site. $250A0 Subtotal: $250.00 $0.00 Balance Due: $250.00 Inspector: Z46 &'31.-20 0144'AF:f Sl na m valid poly in moNl—vas d®uments Captain Shar Beddow 8/31 /2022 Packet Pg. 56 9.A.e Occupant Name Suite: Address: City: Occupant Number: Fail Freedom Boat Club, LLC 2015 Davis Boulevard Naples Fuel Complaint FL NFPA 01 2018 Chapter 1 Administration Greater Naples 27CO Horseshoe Drive North Naples. Florida 34104 Phone: (239) 774-2800 Fax: (239) 774-3116 Inspection Date: InspectionType: Inspected By: Fire Rescue District 8/19/2022 Complaint Captain Shar Beddow (239)241-1422 Direct sbeddow@gnfire.org 1.7.4.1 - Final Set up for OLIBTR. Inspector Comments: Occupational license for the trailer and boat docks did not pass and several violations noted. No evidence of including the other structure in the occupational license noted. FL NFPA 01 2018 1.7.15 - Stop Work Order Chapter 1 Administration Inspector Comments: The two gasoline storage tanks at your facility do not meet 7th Ed. Florida Fire Prevention Code NFPA 1 42.9. NFPA 30, 30A nor 303 standards. The tanks at your facility are diesel tanks which have gasoline storage in them. Your site will need to pull a permit for a permanent installation. FL NFPA 01 2018 10.2.5 - Owner/Occupant Maintain All Life Safety Systems and Testing Chapter 10 General Safety Requirements Paperwork, Inspector Comments: During the inspection it was noted that the tags for the private hydrant inspections and the boat dock standpipe from the fire sprinkler contractor per 2017 NFPA 25. Provide reports for the ITM (inspection, testing and maintenance) of both systems. Private hydrant flow test results shall also be included in annual report as well. Both systems shall be tagged by the fire sprinkler contractor. FL NFPA 01 2018 1.7.16.1 - Excerpt: When, in the opinion of the AHJ, an imminent.. Chapter 1 Administration Inspector Comments: No further use of the gasoline tanks may occur. 10 days have been provided to allow removal of the tanks. Thank you for your cooperation in keeping your business and our community safe! If you have any questions, please contact the fire inspector listed at the top of this report. Ref: 61002 N R c �L CM C d .N O O ML W LO o� 04 Packet Pg. 57 �41i795 9.A.f -TI NOTICE OF PUBLIC HEARING NOTICE O.LF INTENT TO CONSIDER AWORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC): at 9A0 A.M. on, September 26, 2023, in the Board of County Commissioners meeting room, third floor; Collier GovernMi it Center, 3299 East Tamiami Trail, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NQ 2094-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RESIDENTIAL SINGLE FAMILY 4 (RSF-4) ZONING DISTRICT TO THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT LIMITED TO A MARINA USE FOR THE PROPERTY LOCATED ON DAVIS BOULEVARD APPROXIMATELY 2/10 OF ONE MILE EAST OF TAMIAMI TRAIL EAST IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 4.4: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20190001540) Proje atijon 1 t s Ei A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as weft as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific evenUmeeting entry on the Calendar of Events on the County website at www.colliercountyfl.gow/our-county/visttorsicalendar-of-events after the agenda is posted on the County website. Registration should be don; in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing tow they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyti. gov. Any person who decides to appeal any decision of the Board 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 based. M 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 dhe-provisan of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail Fast, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE,CIRCUIT COURT & COMPTROLLER By: Jennifer Hansen, Deputy Clerk - (SEAL) NO-GCH 10U4B9-01 Packet Pg. 58 Colter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STANDARD REZONE APPLICATION LDC Section 10.02.08 Chapter 3 H. of the Administrative Code PROJECT NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): Naples Marina Holdings, LLC Name of Applicant if different than owner - Address: 801 E. Venice Ave. Telephone: E-Mail Address: Cell: City: Venice Name of Agent: Clay C. Brooker, Esq. Firm: Cheffy Passidomo, P.A. Address: 821 Fifth Avenue South Telephone: (239) 261-9300 Cell: City: Naples E-Mail Address: ccbrooker@napleslaw.com PROPERTY INFORMATION State: Florida ZIP: 34285 Fax: State: Florida ZIP: 34102 Fax: (239) 261-9782 Provide a detailed legal description of the property covered by the application, if space is inadequate, attach on separate page: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 0� 50� 25E Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: 00386200003, 00386120002, 00386080003 09/28/2017 Page 1 of 8 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co � �lnty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Size of Property: ft. x ft. = Total Sq. Ft. Acres: 4.4 Address/ General Location of Subject Property: 2015 Davis Boulevard ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4 Single-family residential S C-4-GTMUD-MXD Marina/Commercial E RSF-4 Single-family residential Hotel W C-4-GTMUD-MXD If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on separate page) Section/Township/Range: 02 50S /25E Plat Book: Page #: Property I.D. Number: 00386280007, 00386160004 Lot: Block: Subdivision: Metes & Bounds Description: See Exhibit A REZONE REQUEST This application is requesting a rezone from: RSF-4 Zoning district(s) to the C-4 Present Use of the Property: Submerged lands (wet slips) zoning district(s). Proposed Use (or range of uses) of the subject property: Submerged lands (wet slips) Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 09/28/217 Page 2 of 8 -Sper County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (23.9) 252-2400 FAX: (239) 252-6358 Requirement: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collieEgov.nelllndex.aspx?page=77 . Name of Homeowner Association: Naples Brookside Homeowners Association, Inc. Mailing Address: 1980 Harbor Lane City: Naples State: Florida Zip: 34104 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: EVALUATION CRITERIA Pursuant to LDC section 10.02.08, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, please provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. 1. Whether the proposed change will be consistent with the goals, objectives, policies, future land use map and elements of the Growth Management Plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) when necessary. b. Whether the proposed change will adversely influence living conditions in the neighborhood. 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. 8. Whether the proposed change will create a drainage problem. 09/28/217 Page 3 of 8 Ar County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will 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. 14. Whether the change suggested is 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. 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. 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code Ch. 106, art. II], as amended]. 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. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ■❑ No if so please provide copies. 09/28/217 Page 4 of 8 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierxov.net Name of Applicant(s): Address: Telephone: E-Mail Address: C9te_r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST APPLICANT INFORMATION City: State: ZIP: Cell: Fax: Address of Subject Property (If available): City: State: ZIP: LEGAL DESCRIPTION Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System C. Franchised Utility System d. Package Treatment Plant e. Septic System Provide Name: (GPD Capacity): I TYPE OF WATER SERVICE TO BE PROVIDED I a. County Utility System b. City Utility System C. Franchised Utility System Provide Name: d. Private System (Well) Total Population to be Served: Peak and Average Daily Demands: A. Water -Peak: B. Sewer -Peak: Average Daily: Average Daily: 09/28/217 Page 5 of 8 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net CoAr County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the proiect shall be provided. I PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 H. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 09/28/217 Page 6 of 8 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co e7r CA>►unty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Standard Rezone Chapter 3 H. 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 REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) 1 Pre -Application meeting notes 1 ✓' Project Narrative 1 ✓ Affidavit of Authorization, signed and notarized 1 Completed Addressing Checklist 1 Property Ownershi Disclosure Form 1 Utility Provisions Statement with sketches 1Li✓ Signed and Sealed Survey 1 Conceptual Site Plan 1 �/ Architectural Rendering List identifying Owner & all parties of corporation 1 ✓ Warranty Deeds 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 0 Listed Species Survey; less than 12 months old. Include copies of previous 1 Elsurveys IZI Current aerial photographs (available from Property Appraiser) with project El IZI ❑ boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. Historical Survey or waiver request 1 F7 V/ Traffic Impact Statement, with applicable fees 1 �/ School Impact Analysis Application — residential projects only 1 Electronic copy of all documents and plans 1 ✓ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement If located in RFMU Rural Fringe Mixed Use Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a,2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." 09/28/217 Page 7 of 8 C-Arr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review ❑■ City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Johnson ❑ Parks and Recreation: Barry Williams and David Berra Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart ❑ Other: Other: FEE REQUIREMENTS 71 ❑ Pre -Application Meeting: $500.00 (Applications submitted 9 months or more after the date of the last pre -application meeting shall not be credited towards application fees and a new pre -application meeting will be required) ❑ Rezone Petition (regular): $6,000.00 plus $25.00 an acre (or fraction thereof) o Additional Fee for 5" and subsequent reviews: 20% of original fee ❑ Comprehensive Planning Consistency Review: $750.00 ❑ Listed/Protected Species Survey: $1,000.00 Estimated Legal Advertising: o CCPC- $1,125.00 o BCC- $500.00 ❑ Transportation Fee: o Methodology Review: $500.00 (Additional fees to be determined at Methodology meeting) ❑ School Concurrency Review: If required, to be determined by the School District in coordination with the County 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 Agent/Own Signature Date Clay C. Brooker Applicant/Owner Name (please print) 09/28/217 Page 8 of 8 EXHIBIT COASTAL ENGINEERING CONSULTANTS C� INC. A CECI GROUP COMPANY CECI Group Services Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com C-4-GTMUD-MXD PARCEL BROOKSIDE MARINA LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER (SW'/) OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2, RUN N89044'42" E ALONG THE SOUTH LINE OF SAID SECTION FOR A DISTANCE OF 662.10 FEET TO AN INTERSECTION OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF MARNICK CORNER, A SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE N00°18'06"W 242.84 FEET TO THE NORTHWEST CORNER OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 2, PAGE 454 OF SAID PUBLIC .RECORDS; THENCE ALONG THE NORTH LINE OF SAID LANDS N89030'14"E FORA DISTANCE OF 150.07 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE N89030'14"E FOR A DISTANCE OF 49.93 FEET TO THE NORTHEAST CORNER OF SAID LANDS RECORDED IN OFFICIAL RECORDS BOOK 2, PAGE 454; THENCE N00°17'13"W FOR A DISTANCE OF 270.92 FEET TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 4903, PAGE 2029 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE N89024'05"E FOR A DISTANCE OF 271.61 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE ALONG THE WEST LINE OF SAID LANDS S00006'17"E FOR A DISTANCE OF 470.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY LINE S88"58'26"W FOR A DISTANCE OF 320.07 FEET TO AN INTERSECTION WITH A LINE FIFTY (50) FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LANDS RECORDED IN OFFICIAL RECORDS BOOK 2, PAGE 454; THENCE ALONG SAID LINE N00017'13"W FOR A DISTANCE OF 201.55 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES APPROXIMATELY 137,626 SQUARE FEET OR 3.16 ACRES OF LAND. BEARINGS RELATIVE TO NORTH AMERICAN DATUM OF 1983, FLORIDA EAST ZONE. 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 1211 North Range Ave., Suite E, Denham Springs, LA 70726 Phone (239) 643-2324 • Fax (239) 643-1143 Phone (225) 523-7403 E-mail: infoik-cecifixom SERVING COASTAL COMMUNITIES SINCE 1977 Brookside Marina Submerged Lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (1a-12-22) I, Introduction The subject property is comprised of ±4.4 acres of primarily submerged lands (the "Property"), located "behind" (or immediately to the north of) the location of the former Brookside Marina and West Marine retail store on Davis Boulevard (the "Contiguous Uplands"). The applicant, Naples Marina Holdings, LLC, purchased the Property (along with the Contiguous Uplands) in 2018 and wishes to re -install wet slips and associated dock facilities in the Property that had existed for decades but were removed by a predecessor owner. The Property, which is owned in fee simple by the applicant, is currently zoned RSF-4. The applicant proposes to rezone the Property to C-4, although the permitted uses in this particular C-4 zoning district would be limited to water -dependent and water -related uses (given the submerged nature of the Property). II. History of Property According to historical aerial photographs, permit history, and information contained on the Collier County Property Appraiser's website, the Property and the Contiguous Uplands have been utilized together as a marina for decades. The Contiguous Uplands were developed in the 1960s with the buildings that remain on -site today. By 1979, numerous covered wet slips had been installed within the western basin of the Property. See the 1979 aerial photograph attached hereto as Exhibit A. In the early 2000s, the marina was expanded with additional wet slips on the Property's southern shoreline (to the east of the western basin). According to permit materials, the marina at that time consisted of 234 slips, that is, 137 wet slips within the Property and 97 dry slips on the Contiguous Uplands. In or around 2013, the covered wet slips within the western basin of the Property were removed by a predecessor owner, and the Property was subsequently dredged in 2016-17. In 2018, Collier County formally determined that the site holds a "preferred" ranking under the County's Manatee Protection Plan and qualifies for a total of 311.7 slips (wet and dry). Currently, the Property contains 39 wet slips. Through this rezone, the applicant's primary goal is to re -install wet slips within the western basin. Page 1 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged Lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) III. Proposed Rezone The primary, immediate goals of the applicant are to re -install wet slips in the western basin of the Property and allow recreational rental boats (e.g., Freedom Boat Club) and other vessels to moor within the Property. After meetings with County staff, it was suggested that the most efficient way to accomplish these goals is to rezone the Property from RSF-4 to C-4, with permitted uses being limited to the following water -dependent and water -related uses: 1. Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), and all structures and uses accessory to marinas, including, but not limited to, boat slips (wet), piers, walkways, davits, boat lifts, boat lift canopies, and boat ramps. 2. Water Transportation of Passengers (4489 — except airboats/swamp buggy rides). 3. Water Transportation Services (4499), limited to boat cleaning, boat hiring (except pleasure), boat livery (except pleasure), commercial boat rental, and chartering of commercial boats. 4. Amusement and Recreation Services (7999), limited to recreational/pleasure boat rentals, operation of charter or party fishing boats, canoe/kayak/rowboat rentals, houseboat rentals (except not for liveaboard purposes on the Property), and tourist guides. Liveaboards and personal watercraft would be prohibited from anchoring or mooring in the Property. IV. GMP Consistency A. Future Land Use Element According to the Future Land Use Map, the property carries a land use designation of Urban, Urban Mixed Use District, Urban Residential Subdistrict. This designation accommodates water -dependent and water -related uses, as well as a variety of commercial uses. Marinas and related uses such as boat storage and launching facilities are expressly permitted. The proposed rezone is consistent with these provisions. Finally, the property falls within the Coastal High Hazard Area. Mobile homes are not proposed for this rezone (nor could they due to the submerged nature of the Property). Accordingly, the proposed rezone is consistent with the Coastal High Hazard Area. See page 120 of the FLUE. Page 2 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged Lands Rezone (P L20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) Consistency with other applicable FLUE provisions: 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. Response: the Property's ingress and egress is via the Contiguous Uplands, which connect to Davis Boulevard, a 6-lane arterial road. Accordingly, the application is consistent with this policy. 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. Response: The Property is primarily submerged lands. Accordingly, this policy is inapplicable. Pow 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. Re5yon5e: t he Property is primarily submerged lands. Accordingly, this policy is inapplicable. • Policv 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. Response: The vroperty is primarily submerged lands, and this application does not pertain to residential development. Accordingly, this policy is inapplicable. Page 3 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged Lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) B. Conservation and Coastal Management Element Consistency with applicable CCME provisions: • Policv 6.1.1— For the County's Urban Designated Area...,native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria.... Commercial development, less than 5 acres, in the Coastal High Hazard Area: 10% Response: The Property is primarily submerged lands. The only existing native vegetation on -site is an isolated, small area of mangrove trees rooted in wetlands at the southeast corner of the property. No site plan is required by the County for this rezone application, so no preserve area has been identified. However, if the County determines that a native vegetation preserve area is -required -under these circumstances, 10 percent of these mangrove wetlands will be so designated, thereby complying with this policy. In this regard, please note that mangrove trimming and alteration is exempt from the County"s native vegetation preservation requirements pursuant to LDC section 3.05.02.E. Accordingly, trimming and alteration of the existing mangroves will be governed by the State pursuant to the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333, Florida Statutes • Policy 7.2.1-- The County shall apply the marina siting criteria contained in the Collier County Manatee Protection Plan (NR-SP-93-01), May 1995 in order to direct increased boat traffic away from sensitive manatee habitats. Response: The County has determined that the Property ranks as a "preferred" marina site under the County's Manatee Protection Plan, thereby entitling the Property and the Contiguous Uplands to 311 wet and dry slips. See attached letter, dated November 2, 2018, from the County"s Environmental Planning Section, attached hereto as Exhibit B. Thus, the Property (together with the Contiguous Uplands) will not contain more than a total of 311 wet and dry slips, thereby complying with this policy. Page 4 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged Lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) • Policy 10.1.1-- Priorities for water -dependent and water -related uses shall be: a. Public recreational facilities over private recreational facilities; b. Public Boat Ramps; c. Marinas 1. Commercial (public) marinas over private marinas; 2. Dry storage over wet storage; d. Commercial fishing facilities; e. Other non-polluting water -dependent industries or utilities; f. Marine supply/repair facilities; g. Residential development. Response: This rezone application seeks approval for a marina and is therefore consistent with, and implements, this policy. • Policy 10.1.5 -- Marinas and all other water -dependent and water -related uses shall conform to all applicable regulations regarding development in marine wetlands. Marinas and water-dependent/water-related uses that propose to destroy wetlands shall provide for general public use. Response: This application does not propose the destruction of wetlands. V. LDC Evaluation Criteria LDC section 10.02.08.1' requires consideration of the proposed zoning change in relation to the following criteria: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Kesponse: As detailed hereinabove, the proposed change is consistent with all applicable provisions of the Growth Management Plan. Page 5 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged Lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) 2. The existing land use pattern. Response: While a residential neighborhood exists to the north and east, the existing land uses to the southeast, south and west of the Property are commercial. Moreover, the Property (along with the Contiguous Uplands) has been utilized as a marina since the 1970s (at the latest). Thus, rezoning the Property to a commercial zoning district is consistent with the existing land use pattern in the area. Also, the Property is primarily submerged lands, so water - dependent and water -related uses are the only reasonable and feasible uses to which the Property can be out. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. -Response: While a residential neighborhood exists to the north and east, the existing zoning districts to the southeast, south and west of the Property are commercial. Thus, rezoning the Property to a commercial zoning district will not create an isolated district unrelated to adjacent and nearby districts. Also, the Property is primarily submerged lands, so water -dependent and water -related uses are the only reasonable and feasible uses to which the Property can be put. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Response: The Property's existing residential zoning is illogical in that the Property (along with the Contiguous Uplands) has been utilized as a marina since the 1970s (at the latest). Wet slips will be re -introduced to the western basin of the Property in the same way those submerged lands were used for more than three decades. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Response: The Property's existing residential zoning is illogical in that the Property (along with the Contiguous Uplands) has been utilized as a marina since Page 6 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged Lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) the 1970s (at the latest). Wet slips will be re -introduced to the western basin of the Property in the same way those submerged lands were used for more than three decades. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Response: While a residential neighborhood exists to the north and east, the Property (along with the Contiguous Uplands) has been utilized as a marina since the 1970s (at the latest). Wet slips will be re -introduced to the western basin of the Property in the same way those submerged lands were used for more than three decades. Therefore, the proposed rezone to allow for water -dependent and water -related uses on the Property will not adversely influence living conditions in the surrounding areas. 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. KeSPonse: Please see the Traffic impact Statement submitted with this application, which concludes that the proposed rezone will not have a negative impact upon the surrounding road network and will not create any off -site transportation deficiencies that need to be mitigated. The proposed rezone will allow the Property to be used precisely as it has been used since the 1970s (at the latest). Wet slips will be re -introduced to the western basin of the Property in the same way those submerged lands were used for more than three decades. Thus, the proposed change will not create incompatible traffic or increase traffic congestion. 8. Whether the proposed change will create a drainage problem. Response: The Property is primarily submerged lands. This criterion is inapplicable. Page 7 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response: The Property is primarily submerged lands. No vertical construction in the form of buildings is proposed. Therefore, the proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Response: The proposed rezone will allow the Property to be used precisely as it has been used since the 1970s (at the latest). Wet slips will be re -introduced to the western basin of the Property in the same way those submerged lands were used for more than three decades. Thus, the proposed change will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Response: The proposed rezone will allow the Property to be used precisely as it has been used since the 1970s (at the latest). Wet slips will be re -introduced to the western basin of the Property in the some way those submerged lands were used for more than three decades. Thus, the proposed change will have no impact on development or improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response: No special privilege will be granted to the applicant if the proposed rezone is approved. Page 8 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged Lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Response: The Property's existing residential zoning is illogical and prevents the Property from being used as a marina, the only reasonable and feasible use for the Property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Response: Wet slips and marina facilities are in high demand throughout the County. Moreover, the proposed rezone will allow the Property to be used precisely as it has been used since the 1970s (at the latest). Wet slips will be re- introduced to the western basin of the Property in the same way those submerged lands were used for more than three decades. Accordingly, the proposed change is not out of scale. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. rses,gonse: Wet slips and marina facilities are in high demand throughout the County. Moreover, the Property is primarily submerged lands, so water - dependent and water -related uses are the only reasonable and feasible uses to which the Property can be put. 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. Response: The proposed rezone will allow the Property to be used precisely as it has been used since the 1970s (at the latest). Wet slips will be re -introduced to the western basin of the Property in the some way those submerged lands were used for more than three decades. Page 9 of 10 4854-0826-1385, v. 2 Brookside Marina Submerged lands Rezone (PL20190001540) Narrative Statement, GMP Consistency, and LDC Evaluation Criteria (10-12-22) 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. Response: The proposed rezone will allow the Property to be used precisely as it has been used since the 1970s (at the latest). Wet slips will be re -introduced to the western basin of the Property in the same way those submerged lands were used for more than three decades. Accordingly, the proposed change will have no impact on the availability of adequate public facilities and services. 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. Response: TBD. Page 10 of 10 4854-0826-1385, v. 2 •a. EXHIBIT A COLLIER COUNTY Growth Management Department Development Review Division Environmental Planning Section November 02, 2018 Johanna Shifflette 1938 Hill Avenue Fort Myers, FL 33901 RP.: Brookside Marina (PL20180002738) Collier County Environmental Planning section has reviewed your request for compliance with the Collier County Manatee Protection Plan (MPP) as it pertains to the Brookside Marina Project located at 2025 Davis Blvd Naples, FL. Project Summary: Per the proposed site plan submitted, the applicant, is proposing to construct 73 new wetslips (6 finger piers, 3 floating docks and an aluminum ramp), Consistency Review: Collier County Land Development Code (LDC) Section 5.05.023, states that developments will be reviewed for consistency with the MPP and the following determinations were made. Vegetation Impact; An analysis of shoreline mangrove vegetation was provided by Hans Wilson, and Associates. Based upon the existing and proposed dock site plan, no impacts of the shoreline vegetation are proposed. As a result of the dredging, no seagrasses are present within the marina basin, Overall this gives a "No Marine impact' result to Marine Habitat under the Marina Siting Criteria of the MPP (pg 79). 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, Depth: The proposal indicated there will be adequate water depth in the immediate vicinity of the project to the marked navigation channel. Current depth of the area is -5 ft MLW. The Brookside Marina basin has been dredged though the issuance ofFDEP permit no. 11-0173190-001 to conduct maintenance dredging of marina basin to bring mooring depths to -5 ft, MWL. The MPP states adequate water depths to be greater than 4 ft. MLW (pg 72 of the MPP). A dredging permit has been obtained, which includes all of the marina basin. The dredging was completed on November 24, 2017. An as built survey was conducted by Turrell, Hall & Associates on November 30, 2017 verifying -5 Feet MLW had been reached within the marina basin. Manatee Deaths: Between January 1974 and November 2018, 138 manatees have died associated with watercraft -related injuries in Collier County waters. Eighteen (18) manatees have died within a five -mile radius of the project location from watercraft -related causes. This number represents approximately 9% of all watercraft -related deaths in the county. Therefore, manatee use is not considered to be high. zoning Division . 2800 North Horseshoe Drive • Naples, FL 34104 9238-252-2400 E-HIBTT In summary, the above information results in No Marine Impact, water depth at -5 feet MWL, and Not High manatee use, resulting 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 is 1,732 feet of shoreline, which would equate to 311.7 slips allowed. There are 39 existing wet slips and 25 dry slips. The applicant is proposing 73 new slips for a total of 137 slips, which is under the 311.7 limit (1,732 linear R /100 x 18 slips). Therefore, it appears the project proposal is consistent with the MPP, However, during final construction plan (Site Development Plan) review, these findings may change based on the information submitted at that tune. If you have any questions regarding this matter, please feel free to contact me at (239) 252-2548. Sincerely; 1 ` - Craig Brown Senior Environmental Specialist, Environmental Plan Review Development Review Division. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 . 239-252-2400 INSTR 5596633 OR 5540 PG 3726 E-RECORDED 8/7/2018 1:57 PM PAGES 9 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $41,300.00 REC $78.00 CONS $5,900,000.00 THIS INSTRUMENT PREPARED BY, AND AFTER RECORDING, RETURN TO: 341 Venice Ave. W. Venice, FL 34285 Parcel Identification (Folio) Numbers: PID# 00386280007; PID# 00386160004; PID# 00386200003; PID# 00386160004; PID# 00386120002; and PID# 00386080003. (Space Above this Line for Recording Data) THIS SPECIAL WAR 2018, by Pilgrim REO, LLC, a Capital Crossing Servicing C Boston, MA 02110 ("Gran o Florida limited liability co par ("Grantee"). (Wherever sedi this instrument and the h rs, and assigns of corporation . 1 SPECIAL WARRANTY DEED 0 ) ``. I,, made as of the 6th day of August, ritee Iiabr� any, whose mailing address is c/o Attention: Jo 'os, 100 Summer St, Suite 1150, )r the benefit o Na es Marina Holdings, LLC, a i iI n -"'a e s is 99 La na Drive, Venice, FL 34285 's ` " i ran ee" include all the patties to �, t s d r o in 'viduals, and the successors vESS TH ,a >I That Grantor, for an sideration of the su d ollars ($10.00) and other good and valuable consideration to i aid by Grante „eeeipt and sufficiency of which are hereby acknowledged, has gran band sold, and does hereby grant, bargain, convey, and sell, unto Grantee accessors and assigns, all that certain land lying, situated and being in Collier County, Florida, more particularly described on Exhibit "A", attached hereto and by this reference incorporated herein (the "Land"), and all rights, privileges, tenements, hereditaments, easements and appurtenances belonging or in anywise appertaining to the Land; TOGETHER WITH all of Grantor's right, title and interest, if any, in and to all buildings, structures and other improvements located on the Land, and any and all fixtures attached to or incorporated within such buildings, structures and other improvements, if any; and TOGETHER WITH all of Grantor's right, title and interest, if any, in and to any and all strips and gores of land located on or adjacent to the Land, and in and to the streets, venues, roads, ways, alleys, public or private, waterways, and canals, open and proposed, in front of or adjoining all or any part of the Land and serving the Land, and all rights of Grantor (if any, and only to the extent assignable) to the development of the Land granted by any governmental authority. All of the property and property rights described above shall be referred to herein as the "Property". -1- 47560690v.5 OR 5540 PG 3727 TO HAVE AND TO HOLD the Property, and all the estate, right, title, interest, lien, and equity whatsoever of Grantor with respect to same, either in law or in equity, to the proper use and benefit of Grantee and Grantee's successors and assigns, forever, in fee simple. This conveyance is subject to the matters listed on Exhibit `B", attached hereto and incorporated herein by this reference (collectively, the "Permitted Exceptions"); provided, however, that the reference to the Permitted Exceptions shall not be deemed to reimpose any of same. Subject to the Permitted Exceptions, the Grantor covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by and through Grantor, and against no others. [Signatures appeax lhe]bllowing page.] -, ; )T .t -2- 47560690v.5 OR 5540 PG 3728 IN WITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor to be effective as of August 6, 2018. Signed, sealed and delivered in the presence of- *N�o Print Name: WIKWU A Print NaMe: A41,1,w% I GRANTOR: Pilgrim REO LLC, a Delaware.1111 ited liability company By: Name: Title: Mee PfesideaA -R C tqhFz-Pag,a,to Special Warrao 47560690v.5 -3- OR 5540 PG 3729 STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me on this day of 2018, by as _ of ,a He/She is personally known to the undersigned or produced identification. on behalf of the entity. as Print Name: Notary Public, State and County aforesaid. My commission expires: Commission No.: {SEAL} 47560690v.5 OR 5540 PG 3730 CALIFORNIA ALL PURPOSE ACKNOWL DGMENT VBM STATE OF CALIFORNIA } COUNTY OF San Francisco . On July 24, 2018 before me, Public, Date personally appeared. 'who proved to me on the basis cif ac subscribed to the within inskrunert arrh in his/her/their authorized ciac', a Evalynne Chan (here insert name and title of the officer) AA ota>y rson(s) whose name(s) is/are 1e/she/they executed the same, , zawre(s) on the instrument the person(s), or the entity behalf of which thT ersob(s)f ' ,d, executed the instrument. I certify under PENALTY OF Y under the law f(tkt�ate of California that the foregoing paragraph is true and ' WITNESS my hand and official seal. " fry., LVALYNNE CHAN / NotaryPublic- California San Francisco Comity r Commission # 2179603 ' x ` My Comm. Expires Feb 10, 2021 �W Signature:..__ _ (Seal) OPTIONAL. Description of Attached Document i Title or Type of Document: Special Warranty Deed Number of Pages: Document Date: Other: a OR 5540 PG 3731 EXHIBIT "A" Legal Description PARCEL[ Commencing at the southwest corner of Section 2, Township 50 South, Range 25 East, Collier County Florida; thence along the south line of said Section 2, easterly 862.10 feet; thence parallel with the west line of the southeast quarter of the southwest quarter of the southwest quarter of said Section 2, northerly 41.51 feet to the north right-of-way line of Davis Boulevard (SR-858) as established by deed recorded in Deed Book 11, Page 59, Public Records of Collier County, Florida, for a PLACE OF BEGINNING of this description. Thence continuing parallel with the west line of the southeast quarter of the southwest quarter of the southwest quarter of said Section 2, north 44y.2Q0.00 feet; thence continuing northerly deflecting 0° 39' 20" to the right, 270 0 t 'e el with the north right-of-way line of said Davis Boulevard, easterly 0' e i fit, 195.45 feet; thence southerly, deflecting 90' 17' 30" to the i I E 0.00 feet to the nor i t f-way line of said Davis Boulevard; thence along s 'd noyi%right-off-way line, wester 20 00 feet to the Place of Beginning. BEING a part of the sou 'we t uarter ON s ithwest uarter f S tion 2, Township 50 South, Range 25 East, Collier oun PARCELI] Commencing at the soutl a orner of Section 2, T sh' 5 h, Range 25 East, Collier County, Florida, thence al south line of said Se'tr rly 862.10 feet; thence parallel with the west line of the sou carter of the south es U of the southwest quarter said Section 2, northerly 41.51 feet I right -of- i I avis Boulevard (SR-858) as established by deed recorded in D ` " 1 - lic Records of Collier County, Florida; thence along said north - right-o , erly 200.00 feet to the PLACE OF BEGINNING of this description. Thence northerly deflecting 89' 42' 30" to the left 470.00 feet; thence easterly deflecting 89' 42' 30" to the right, 70.00 feet, thence southerly deflecting 90' 17' 30" to the right, 470.00 feet to the north right-of-way line of said Davis Boulevard; thence along said north right-of-way line, westerly 70.00 feet to the Place of Beginning, Being a part of the southwest quarter of the southwest quarter of Section 2, Township 50 South, Range 25 East, Collier County, Florida. PARCEL III All that part of the Southeast'/4 of the southwest'/4 of the Southwest '/a of Section 2, Township 50 South, Range 25 East, collier County, Florida being more particularly described as follows: Commencing at the Southwest corner of said Section 2, thence along the South line of said Section 2, North 89' 38' 05" East 662.10 feet to the west line of the east %z of the southwest''/4 of the southwest'/4 of Section 2; thence along said West line of the East %2 of the southwest'/4 of the southwest'/4 of Section 2, North 00' 17' 20" West 40.00 feet to the Southwest corner of those lands described in O.R. 2, Page 454, Public Records of Collier County, Florida: thence continue along said West line of the East''/z of the southwest'/4 of the southwest'/4 of Section 2, North 000 Exhibit A to Special Warranty Deed 47560690v.5 OR 5540 PG 3732 17' 20" West for 202.40 feet to the Northwest corner of those lands as described in said O.R. 2, Page 454 and the point of beginning of the parcel herein described: Thence continue along said West line of the East''/z of the Southwest'/4 of the Southwest 'A of Section 2, North 00' 17' 20" West 267.60 feet to the North line of those lands described in O.R. 118, Page 361, Public Records of Collier County, Florida, and the southwest corner of those lands described in O.R. 236, Page 681, Public Records of Collier County, Florida; thence continue along said West line of the east %2 of the southwest'/4 of the southwest'/4 of Section 2, North 000 17' 20" West 160.26 feet to the South line of Brookside Subdivision, Unit 3, Plat No. 2, according to the plat thereof as recorded in Plat Book 3, Page 99, Public Records of Collier County, Florida; thence along said south line of Brookside Subdivision North 89' 37' 20" East 100.00 feet to the east line of those lands described in said O.R. Book 236, Page 681; thence South 00' 17' 20" East and parallel with West said line of the East %z of the Southwest'/4 of the southwest'/4 of Section 2, a distance of 159.53 feet to the North line of those lands described in said O.R. 118, Page 361; thence along the L�laatli land of those lands described in said O.R. ] 18, Page 361, North 89' 12' 16" East 1 t e of those lands described in said O.R. 118, Page 361; thence alo ►ne,rntt ' 00" West 267.97 feet to the North line of those lands described r 5 R. Book 2, Page :w e along said North line South 89' 18' 29" West 200.00 f et to -te west line of said East''/2 f th outhwest'/ of the Southwest ''A of Section 2, and the point , b ing�f-the P t herein esc 'bed. being a part of the soutl east' 4 ¢I► s u e o es wesii 1/4 of Section 2, Township 50 South, Range 25 Ea C li Co nt Ior PARCEL IV >' The West half of the South t ter of the Southeast fitr' f the southwest quarter and the southeast quarter of the south Y, - of the Stu e ►•ter; both lying and being in Section 2, Township 50 South, Ra e 2 t 1 ty, Florida; excepting therefrom the following parcels of land: 1. Lands described in OR Book 2, Page 454, Public Records of Collier County Florida; 2, Lands described in OR Book 118, Page 361, Public Records of Collier County Florida; 3. Lands described in OR Book 236, Page 681, Public Records of Collier County Florida; 4, Any portion of the land described in the foregoing legal description East of the West line of the property described in O.R. Book 233, Page 228, Public Records of Collier County, Florida, 5, Davis Boulevard described in Right of Way Deed recorded in Deed Book 11, Page 59, Public Records of Collier County, Florida. It is recited, agreed and understood by the parties to this conveyance, that a portion of the lands herein conveyed are presently submerged lands, lying south of the subdivisions collectively known as `Brookside". PARCEL V The East 50 feet of the following described lands: A parcel of land lying in the southeast quarter of the southwest quarter of the southwest quarter of Section 2, Township 50 South, Range 25 East, Collier County, Florida, being more specifically described as follows: Exhibit A to Special Warranty Deed 47560690v.5 OR 5540 PG 3733 Beginning at the southwest quarter of the southeast quarter of the southwest quarter of the southwest quarter of Section 2, Township 50 South, Range 25 East, Collier County, Florida, said point being North 89' 38' 10" east distance 662.10 feet from the southwest corner of said Section 2; thence North 0° 16' 20" West, along the westerly boundary of the said southeast quarter of the southwest quarter of the southwest quarter, a distance of 242.25 feet to a concrete monument; thence North 89' 16' 10" East 200 feet to a concrete monument; thence South 0° 16' 20" East and parallel to the westerly boundary of said southeast quarter of the southwest quarter of the southwest quarter, 243.53 feet to a point on the south boundary of said Section; thence South 890 38' 10" West, along said Section line, 200 feet to the Point of Beginning; excepting -therefrom a strip of land deeded by Naples Land Development Company to the County of Collier for highway purposes as recorded in Deed Book 11, Page 59, Public Records of Collier County, Florida. Exhibit A to Special Warranty Deed 47560690v.5 *** OR 5540 PG 3734 *** EXHIBIT "B" Permitted Exceptions 1. All real estate taxes and assessments for 2017 and subsequent years, both general and special, not yet due and payable as of the date hereof. 2. Zoning, building code and other use restrictions imposed by any governmental authority. 3. All leases pertaining to the Property. 4. All matters and facts that would be shown on or disclosed by an accurate survey or personal inspection of the Property. 5. All matters and exceptions extstlod ate hereof and any additional matters or exceptions disclosed in the refs title insurane � 1� ' 4 1 - 1�1 Exhibit B to Special Warranty Deed 47560690v.5 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2ols0001540 1 John R. Giglio (print name), ), as Manager (title, if applicable) of Naples Marina Holdings, LLC (company, If a 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 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 Clay C. Brooker and Cheffy Passidomo, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stat in it are tr e. Q. - Sign U�1re Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on .0 S.ir (date) by John R. Giglio (name of person providing oath or affirmation), as Manager of Naples Marina Holdings, LLC who is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL pia a� Notmy PWIC Siep@ Of Florwsl AMMOMade W61izzi My commission GG 969525 Expl= OW4/2024 CP\08-COA-00115\155 REV 3/24/14 -,. Signature of Notary Public COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co*er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: 07 Name and Address Naples Marina Holdings, LLC % of 100 If the property is owned by a CORPORATION. list the officers and stockholders and the percentage of stock owned by each: C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the or inieresi: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Sate r c0 "ty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f. 9. Name and Address . % of Ownershi If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers. stockholders. beneficiaries. or partners: 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 8/6/201 8 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierRov.net Date of option: .Cater C)Unty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 C� % Agent/Own Signature Date Clay C. Brooker Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Written Summary of Neighborhood Information Meeting #1 Brookside Marina Submerged lands Rezone (PL20190001540) Date: January 6, 2022 at 5:30 PM Location: Naples Bay Resort and Marina (The Pointe Conference Room) 1500 5th Avenue South Naples, Florida 34102 Zoom: Meeting ID: 824 3446 7982 Passcode: 411653 Presenter: Clay Brooker, Applicant's Agent On January 6, 2022, at approximately 5:30 PM, a Neighborhood Information Meeting was held pertaining to the above captioned rezone application. Clay Brooker, the Applicant's agent, gave the attached presentation at the Naples Bay Resort and Marina in Naples, Florida. A total of 34 attendees were present: 18 in -person (excluding County staff) and 14 via Zoom. A summary of the meeting follows. Mr. Brooker began with a brief introduction, explained the purpose of the Neighborhood Information Meeting, and gave the attached presentation and closing remarks. At approximately 5:50 PM, Mr. Brooker opened the floor for questions. Members of the public expressed concern over various matters, including, but not limited to, the projected increase of vessels coming and going and the potential impact upon, and obstruction to, homeowners' docks; possible noise pollution; boater observation of slow speed and minimum wake zones; and the potential for navigational issues pertaining to the "hairpin" passage with a shallow basin. At approximately 5:54 PM, Mr. Brooker was informed that audio was disabled on Zoom and, consequently, although the virtual attendees were able to see the presentation, they were unable to listen to Mr. Brooker's remarks. The audio issue was resolved, and questions resumed. Shortly thereafter, two additional members of the public attempting to participate virtually arrived in -person. Mr. Brooker assured all attendees that audio was functional, and one in -person attendee confirmed after receiving a message from one of the virtual attendees. Questions resumed until approximately 6:30 PM, at which time the meeting concluded. SIGN IN SHEET NEIGHBORHOOD INFORMATION MEETING PETITION NO. PL20190001540 I- °---REZONE OE.BROOKSIDE MARINA SUBMERGED LANDS Print Name E-MAIL Address � 4 -- c�— g& -? -74 #fie-6 6 C A /0 JR.&Y ,v s i--��, saclgex YI 0 t,,q-r�c I ' I✓o c Zoe' &/I) 90 eye /7 �✓1�v �j/TRRr�/!d tC i " C� �avt c..r-- � � �J'�� /if*1Y� /°� SIGN IN SHEET NEIGHBORHOOD INFORMATION MEETING PETITION NO. PL20190001540 REZONE OF BROOKSIDE MARINA SUBMERGED LANDS Print Name E-MAIL Address Lln c. ' �-- BROOKSIDE MARINA ZOOM CONTACT LIST Petition: PL20190001540 I Site Location: 00386200003, 00386120002, 00386080003 DATE NAME ADDRESS Email 12-Dec Fred Harms 1736 Harbor Lane 239-298-0600 tred-922@hotmall.com 12-Dec Dom Cotugno 2072 Harbor Lane, 732-735-0840 cotugnod@gmail.com 12/16/ 002 Matt Brown William Raveis Real Estate, 239-580-8864 Matt.Brown@raveis.com 12/20/2021 Gero Geilenbrugge 2207 Sunset Lane, 2.02-276-8001 Rpronaiples@emaii.com 12720 2021 Beth Solomon 2207 Sunset Lane, 202-276-8001 bethsol_o_mon1_@g_rnail.com 12/20/2021. Brianne R. Austin, Real Estate Manager 1825 Gillespie Way, Suite 101, El Cajon, CA 92020, 619-654-9937, 619-631-1102 Brianne.Austin@whg.com 1/2/2022 Matthew Marcello Haynes La Gondola Naples, Inc. la.gondola.naoles@pmail.com 1/2/2022 Rick Groveman 200 Harbor Lane678-617-4935 rickgroveman@gmail.com 1/5/2022 Steve & Francie Riggs 1837 Harbor Lane, Naples 34101 fsriggs@hotmaii.com 1/6/2022 David Gossard Red Roof Inn David.GossardL@rriwe!;t.com 1/6/2022 Kevin Furst Red Roof Inn 3646-GM@RRIWEST.COM 1/6/2022 Dan Fritz Red Roof Inn Duo 9W rn errt r r. Brookside Marina Submerged Lands Rezone (PL20190001540) Neighborhood Information Meeting January 6, 2022 x 1*'.II.�. HOLIDAY LANE fro r 71• � HARBOR LANE ;r � - Lu - - - - > I "`� o o I - O O DAVIS BOULEVARD (SR 84) YY r ATE: 7/21 /20 AERIAL PHOTOGRAPH greensi e DATE: 19002EX03.DWG BROOKSIDE MARINA PUD REZONING engineering, Inc. (239)4394W JOB NO: 19-002 02020 OREEN9TE ENGINEERING.INO, RERRODUDTONBIMODIR-ONE PROHIBITED WTHOUT I-REW CONSENT W .GREENSITE-ENG.COM SHEET: 1 c HOLIDAY LANE 4r i HARBOR LANE U-7 Non, uj > o 16 DAVIS BOULEVARD (SR 84) Is, Jklamilm'& AERIAL PHOTOGRAPH (REZONING APP PI-20190001540) 9 reensite DATE: 9/13/21 engineering, inc. FILE: 19002EX04.DWG BROOKSIDE MARINA (2N�1 )4 98 JOB NO: 9-002 12MI -ENSITE ENGINEERING, I-REPROD-ONMODIFI-IONS PROHIBITED WTHOUT -E. CONSENT N .GREENSITE-ENG.COM SHEET: 1 0511N • • • • • • • • • • • • INDICATES AIRPORT NOISE BOUNDARY INDICATES CITY LIMITS C7 ALL PROPERTY SHOWN ON THIS MAP IS WITHIN AIRPORT OVERLAY Z (REFER TOAPPENDIX D OF THE LOCI THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND O SUBDIVISON INDEX — " " j^A qqE ADOPTED BY REFERENCE BY ORDINANCE NO. N ^:_ "`£"„s` :�: a 04-41 OF THE COUNTY OF COLLIER, FLORIDA, Z cmmox renance T u �� ?`T="'T'. `xF�jg9; a§a=_•^, ADOPTED DUNE 22, 2004, AS AMENDED BY THE O .xua d qq :$�,�„�c ZONING NOTES AND SUBDIVISION INDEX N m°cx cournaRRaxnx �? °ggoOip p'4 REFERENCED HEREON. as>=eoegoo a •5�o,i BY CHAIRMAN 11 .aanx— RRxR,., 3 aR°� UNIT, C.R'p RXRRF RRR '� a ® ATTEST CLERK NJ COLLIER COUNTY, FLORIDA COMMUNITY DEVELOPMENT DIVISION TWP 50S RNG 25E SEC(S) 02 SO 12 ® MAP NUMBER: 0502S � 41 Z d9p ® . , � � � � �� 3■ �� � � - _ &.f4p4 ©�e� ■ m■�® ' v 0- -�. @ . .0 f . - 4K ■ � .0 ��� - Tw .ut z Comparison of Uses Allowed in Existing RSF-4 District and Proposed C-4 District RSF-4 Proposed C-4 District Permitted Uses • Single-family dwellings • Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, •Family care facilities. lighterage, marine salvaging, marine wrecking, and steamship leasing) •Educational plants and public schools with an agreement with Collier County • Water Transportation of Passengers (4489 — except airboats/swamp buggy rides) • Water Transportation Services (4499), limited to boat cleaning, boat hiring (except pleasure), boat livery (except pleasure), commercial boat rental, and chartering of commercial boats • Amusement and Recreation Services (7999), limited to pleasure boat rentals, operation of charter or party fishing boats, canoe/kayak/rowboat rentals, houseboat rentals (except not for liveaboard purposes on the Property), personal watercraft rentals, and tourist guides Accessory Uses • Uses and structures that are accessory and • All structures and uses accessory to marinas, incidental to uses permitted as of right in the including, but not limited to, boat slips (wet), RSF districts. piers, walkways, davits, boat lifts, boat lift canopies, and boat ramps. • Private docks and boathouses • One guesthouse • Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. Conditional Uses • Noncommercial boat launch and multiple dock facilities • Churches • Schools, private • Child care centers and adult day care centers • Cluster development to include one- and two- family structures • Golf courses • Group care facilities (category 1), care units, nursing homes, assisted living facilities; and continuing care retirement communities • Category 11 group care facilities and care units, only when the tenancy of the person or persons under care would not. i. Constitute a direct threat to the health or safety of other individuals, ii. Result in substantial physical damage to the property of others, or iii. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. • Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, or site development plan. • Model homes and model sales centers. • Public schools without an agreement with Collier County Two Public Hearings • Before Whom? o Collier County Planning Commission o Board of County Commissioners • Where? o Coller County Government Headquarters 3299 Tamiami Trail East o 3rd Floor of Administration Building • When? o Not yet scheduled o Mailed Notice, Newspaper ads, Posted Sign Questions Clay Brooker, Applicant's Agent ccbrooker@naPIesIaw.com (239) 261-9300 Tim Finn, County Planner timothy.finn@colliercountvfl.gov (239) 252-4312 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear, and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the subject property, a description of the proposed change, and the date, time, and place of a Neighborhood Information Meeting. The attached letter, property owner's list, and copy of newspaper advertisement are hereby made a part of this Affidavit of Compliance (Signature of Applicant's Agent) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 111-�A day of December, 2021 by Clay C. Brooker, who is personally known to me. (Signature of Notary Public) leE'l'? e-C R),C C, i Printed Name of Notary G:\NIM Procedures/Affidavit Of Compliance - NIM Oct20I0.Doc (Notary Seal) RENEE RICCI Notary Public State of Florida Commission # GG 231848 '•.'�o My Comm. Expires Aug 3, 2022 Bonded through National Notary Assn. [13503-0001/3884401/1] Serial Number U�'� 21-02404C Published Weekly Naples, Collier County, Florida COUNTY OF COLLIER STATE OF FLORIDA Before the undersigned authority personally appeared Ernesto Rendon who on oath says that he/she is Publisher's Representative of the Business Observer a weekly newspaper published at Naples, Collier County, Florida; that the attached copy of advertisement, being a NeiLhborhood Information Meeting in the matter of Neighborhood Meeting' on January 6, 2022 at 5:30 p.m. at Naples BaN Resort and Marina in the Court, was published in said newspaper in the issues of 12/10/2021 Affiant further says that the said Business Observer is a newspaper published at Naples, Collier County, Florida, and that said newspaper has heretofore been continuously published and has been entered as periodicals matter at the Post Office in Naples in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. oz- - Ernesto Rendo Sworn to and subscribed, and personally appeared by physical presence before me, loth day of December, 2021 A.D. by Ernesto Rendon who is personally known to me. t7-)� (� Notary Public, State of Florida (SEAL) `Y P4�//4 �f{ '� ��i Donna Condon Comm.#HH015747 Expires: June 29, 2024 Bonded Thru Aaron Notary NEIGHBORHOOD INFORMATION MEETING PETITION NO. PL20190001540 Rezone of Brookside Marina Submerged Lands In compliance with the Collier County Land Development Code requirements, a neighborhood meeting hosted by Clay C. Brooker, Esq. of Cheffy Passidomo, PA,i representing Naples Marina Holdings, LLC (Applicant) will be held January 6, 2022, 5:30 pm, at the Naples Bay Resort and Marina in The Pointe conference room (1500 Fifth Avenue South, Naples, FL 34102). The Applicant has submitted a formal application to Collier County seeking ap- proval of a rezone of t4.4 acres of submerged lands generally located at 2015 Davis Boulevard (see map below) from RSF-4 (Residential Single Family) to C-4 (General Commercial), limited to water -dependent and water -related uses. The Applicant desires to install additional wet slips in the submerged lands and use them for ma- rina purposes in conjunction with the adjacent uplands to the south (commonly known as the Brookside Marina). In general, the proposed rezone would limit the uses permitted within the submerged lands to marinas (and uses accessory to mari nas), water transportation of passenprs, water transportation services, and amuse-i ment and recreation services such as pleasure boat rentals and operation of charter; or party fishing boats. Liveaboards would be prohibited. Due to COVID-19, special accommodations will be made to allow for attendance virtually (via Zoom). If you would prefer to attend virtually, please notify us via email at raricciOWleslaw coin prior to January 5, 2022, to allow us to send you login instructions. Should you have questions prior to the meeting, please contact Clay Brooker by email: cebrookerpnapleslawcom or phone: 239-261-9300. Any information provided is subject to change until final approval by the gov- erning authority. The Neighborhood Information Meeting is for informational pur- poses, it is not a public hearing. December 10, 2021 — — — _21-02404C EDWARD K. CHEFFY Board Certified Civil Trial Lawyer Board Certified Business Litigation Lawyer JOHN M. PASSIDOMO Board Certified Real Estate Lawyer LOUIS D. D'AGOSTINO Board Certified Appellate Practice Lawyer DAVID A. ZULIAN Board Certified Construction Lawyer CLAY C. BROOKER Board Certified City, County and Local Government Lawyer CHEFFY PASSIDOMO ATTORNEYS AT LAW 821 Fifth Avenue South Naples, Florida 34102 Telephone: (239) 261-9300 www.napieslaw.com December 7, 2021 Subject: Neighborhood Information Meeting Rezone of Brookside Marina Submerged Lands Petition No. PL20190001540 Dear Property Owner: WILLIAM J. DEMPSEY Board Certified Real Estate Lawyer DEBBIE SINES CROCKETT RACHAEL S. LOUKONEN Board Certified Business Litigation Lawyer BRIAN J. THANASHI Board Certified Real Estate Lawyer KIMBERLY D. SWANSON JONATHAN R. FITZMAURICE Of Counsel: GEORGE L. VARNADOE Please be advised that a formal application has been submitted to Collier County seeking approval of a request to rezone the submerged lands generally located at 2015 Davis Boulevard (see map below). The Applicant is seeking approval of a rezone of ±4.4 acres of submerged lands from RSF-4 (Residential Single Family) to C-4 (General Commercial), limited to water - dependent and water -related uses. The Applicant desires to install additional wet slips in the submerged lands and use them for marina purposes in conjunction with the adjacent uplands to the south (commonly known as the Brookside Marina). In general, the proposed rezone would limit the uses permitted within the submerged lands to marinas (and uses accessory to marinas), water transportation of passengers, water transportation services, and amusement and recreation services such as pleasure boat rentals and operation of charter or party fishing boats. Liveaboards would be prohibited. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting (NIM) will be held to provide you an opportunity to become informed about the rezone request, ask any questions and express any concerns you may have. The Neighborhood Information Meeting with be held on January 6, 2022, 5:30 p.m., at the Naples Bay Resort and Marina in The Pointe conference room located at 1500 Fifth Avenue South, Naples, FL 34102. [ 13 503-0001 /3 879480/ 11 Due to COVID-19, special accommodations will be made to allow people to attend virtually (via Zoom). Should you choose to participate via Zoom please notify us via email at raricciL(Dnaoleslaw.com prior to January 5, 2022, to allow us to send you login instruction. Please be sure to include your name and street address. Should you have questions prior to the meeting, please contact Clay Brooker by email: ccbrooker(c-)napleslaw.com or phone: 239-261-9300. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. Very truly yours, Clay C. Brooker, Esq. Cheffy Passidomo, P.A. CCB/rar Enclosure - REVS Ewi A �. •da C•1� i. SUBJECT PROPERTY u oar. ulrJ L.: iti.wt •�- �.. .,. � i ■ _ �. a y I—'r i A [ 13503-0001 /3 879480/1 ] Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. Petition: PL20190001540 I Buffer: 500' 1 Date: 11/2312021 1 Site Location: 00386200003, 00386120002, 00386080003 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE 1343 BARBIZON LN TRUST PO BOX 3155 NAPLES, FL 34106--- 4738 24880320009 U 1933 DAVIS LLC 4241 CORPORATE SQ NAPLES, FL 34104--- 4754 00386320006 U 2120 HOLIDAY LLC 225 ISLAND VIEW LANE GREENPORT, NY 11944--0 24981800004 U ACIERNO, VALERI 1947 HOLIDAY LANE NAPLES, FL 34104 --- 0 24980560002 U ARBOGAST, GRACE E 2171 HARBOR LN NAPLES, FL 34104 --- 317 24982000007 U ARO DAVIS LLC 6321 DANIELS PKWY #200 FORT MYERS, FL 33912-0 11782500024 U BARTO, SABIN 2140 HARBOR LANE NAPLES, FL 34104-0 24930400002 U BROWN, MATTHEW D & LINDSEY L 5841 SPANISH OAKS LANE NAPLES, FL 34119— 0 24980600001 U BULMAN, ANDREW & CHRISTINA 41 RING ROAD PLYMPTON, MA 02367--0 24982240003 U BW RRI III LLC 1825 GILLESPIE WAY #101 EL CAJON, CA 92020--0 59715000508 U CARTER, MELANIE ANN REGINALD VON CARTER 700 94TH AVE NAPLES, FL 34108--0 75610360000 U CC & E INVESTMENTS LLC 1088 WISCONSIN DR NAPLES, FL 34103--0 77510360001 U CHMIEL, CLIFFORD 2160 HARBOR LN NAPLES, FL 34104-- 4218 24930440004 U COLLAFARINA, SYLVIE 1283 BROOKSIDE DR NAPLES, FL 34104 --- 0 24880960003 U COLLIER IV, BARRON GIFT KATELYN COLLIER 2633 LONGBOAT DR NAPLES, FL 34104--0 24983400004 U COLLINS, MARLA 606 DOYLE SPRINGS RD GRANDBURY, TX 76048--0 24980920008 U CONTI, RENE H HUNTER J PRICE 1971 HARBOR LN NAPLES, FL 34104 --- 0 24982320004 U COONS, KALEIGH ANN CHRISTINE TONY JAMES TRACY 2222 SUNSET LN NAPLES, FL 34104 --- 0 75610280009 U CS HOLIDAY LLC 24475 RED ROBIN DRIVE BONITA SPRINGS, FL 34135--0 24981560001 U CURRENCE JR, GLEN W CURRENCE, ROBIN L TAYLOR 1340 BARBIZON LN NAPLES, FL 34104--- 4281 24880480004 U CURRENCE JR, GLEN W & ROBIN L 7719 STATE ROUTE 303 WINDHAM, OH 44288--- 9791 24980720004 U D P & S L COTUGNO REV TRUST 2072 HARBOR LANE NAPLES, FL 34104---4218 24930280002 U DEBORAH K JANSEN REV TRUST 205 SUNRISE CAY APT 103 NAPLES, FL 34114---9651 24880520003 U DEMPSEY, WILLIAM J JUDITH THEKLA BECKLER 1836 HARBOR LN NAPLES, FL 34104--4274 24983240002 U DIVIDEEDS LLC 1849 HARBOR LANE NAPLES, FL 34104--0 24982440007 U DIVIDEEDS LLC 1849 HARBOR LANE NAPLES, FL 34104--0 24982600009 U DIXON, VICKI L NEWMAN, DAVID D 1844 HARBOR PL NAPLES, FL 34104--4219 24983360005 U DULLOCK, DANIEL & HEATHER 1514 S SANDSTONE JACKSON, MI 49201--0 24980800005 U DURAN, JOSE A 1230 BROOKSIDE DR NAPLES, FL 34104-- 4202 24980960000 U ECKENRODE HARRIS LIVING TRUST 1854 HARBOR LN NAPLES, FL 34104--4275 24983520007 U ENGLUND, FRANK D MARY LE SNOVER 1940 HARBOR LN NAPLES, FL 34104--4216 24930040006 U FLASHMAN, JOANNA H 1960 HARBOR LN NAPLES, FL 34104--4216 24930080008 U FOSTER, LISA MCMURREY LEONARD ERIC BUHROW 195 CEMETERY RD POTTSBORO, TX 75076-0 24983560009 U GALLAGHER, WILLIAM F V 1883 HARBOR LN NAPLES, FL 34104--- 4268 24982520008 U GARBANI, JEAN-PIERRE 1311 HENLEY DRIVE NAPLES, FL 34104--0 24880360001 U GARCIA, MARCELINO M & LILLIE M 1240 BARBIZON LN NAPLES, FL 34104--4229 24880680008 U GEILENBRUEGGE, GERD 2207 SUNSET LN NAPLES, FL 34104 --- 0 75610080005 U GENE L MCSWAIN TRUST 1400 PINE ST NAPLES, FL 34104--- 4289 00385800006 U GONZALEZ, EMILIO S & GIOVANNI 2097 HOLIDAY LN NAPLES, FL 34104--- 4224 24980840007 U GRIMES JR, RICHARD H 1280 BARBIZON LANE NAPLES, FL 34104 --- 0 24880600004 U GROSS, DEAN & JOAN P O BOX 3066 NAPLES, FL 34104---4275 24983640000 U GROVEMAN, RICHARD A & LINDA F 2000 HARBOR LN NAPLES, FL 34104 --- 0 24930160009 U GUNN, TRACY MICHELE BENJAMIN KRICK III 1840 HOLIDAY LANE NAPLES, FL 34104--0 24981360007 U HAWORTH FAMILY LIV TRUST 1980 HARBOR LN NAPLES, FL 34104--- 4216 24930120007 U HERBERT HARR TRUST 2261 ROYAL LN NAPLES, FL 34112--- 5387 24982080001 U JACKSON, BARBARA J 1840 HARBOR PL NAPLES, FL 34104--- 4219 24983280004 U JOYNT, MICHAEL 2047 HARBOR LN NAPLES, FL 34104--- 4217 24982200001 U JULIE L COLEMAN TRUST 2024 HOLIDAY LN NAPLES, FL 34104--- 4225 24981640002 U JUTASI, VIKTOR 1880 HOLIDAY LANE NAPLES, FL 34104 --- 0 24981440008 U KATLOU LLC 2377 DAVIS BLVD NAPLES, FL 34104--4200 00385880000 U Address list 500 feet from project PDF KEARNEY, RICHARD C 2029 HARBOR LN NAPLES, FL 34104--4217 24982160002 U LANG, PETER & MICHELLE R 1884 HARBOR LANE NAPLES, FL 34104 --- 0 24983600008 U LAWRENCE, GEORGE 1860 HOLIDAY LN NAPLES, FL 34104--4223 24981400006 U LONDON OF NAPLES INC 3050 NORTH HORSESHOE DR STE 105 NAPLES, FL 34104--0 00386880009 U LONDON OF NAPLES INC 3050 NORTH HORSESHOE DRIVE STE 105 NAPLES, FL 34104--0 00386840007 U MACALISTER, GAIL S 1340 DELMAR LN NAPLES, FL 34104--4283 24831640000 U MADSEN, MICHAEL T & KELLY H 2120 HARBOR LN NAPLES, FL 34104--4218 24930360003 U MARCUS, MARK F JANE E MUELLER 1206 W JARVIS 3-S CHICAGO, IL 60626--0 24831680002 U MCDERMOTT, MATTHEW L HEATHER J MCDERMOTT 2024 HARBOR LN NAPLES, FL 34104--4218 24930200008 U METROPOLITAN NAPLES LLC 1500 FIFTH AVE S SUITE 106 NAPLES, FL 34102--0 77510240008 U MINDER, JASON T & CHRISTIN 2195 HARBOR LANE NAPLES, FL 34104--0 24981960009 U MORRISON, CHRISTOPHER TODD AGNIESZKA WANGERT MORRISON 2095 HABOR LANE NAPLES, FL 34104--0 24982120000 U NAPLES BROOKSIDE HOMEOWNERS ASSOCATION, INC C/O FRANK ENGLUND 1940 HARBOR LN NAPLES, FL 34104--4216 24930160106 U NAPLES MARINA HOLDINGS LLC 801 E VENICE AVE VENICE, FL 34285--0 00386160004 U NAPLES MARINA HOLDINGS LLC 801 E VENICE AVE VENICE, FL 34285--0 00386200003 U NAPLES MARINA HOLDINGS LLC 801 E VENICE AVE VENICE, FL 34285--0 00386280007 U NAPLES MARINA HOLDINGS LLC 990 LAGUNA DRIVE VENICE, FL 34285--0 00386080003 U NAPLES MARINA HOLDINGS LLC 990 LAGUNA DRIVE VENICE, FL 34285--0 00386120002 U NAPLES TRIANGLE DEVELOPMENT JV PROPCO LLC 1915 COCOPLUM WAY NAPLES, FL 34105--0 77510320009 U NAPLES TRIANGLE DEVELPMENT JV PROPCO LLC 1915 COCOPLUM WAY NAPLES, FL 34105--0 77510280000 U NELSON, CALUDIA 1363 BROOKSIDE DR NAPLES, FL 34104--4203 24881120004 U OAKES III, FRANCIS A DEANNE D OAKES 7695 SANTA CRUZ CT NAPLES, FL 34109--0 00386000009 U OHARA, DANNY L 2234 SUNSET LN NAPLES, FL 34104--4227 75610240007 U PAGNOTTO, DOREEN A 2210 SUNSET LN NAPLES, FL 34104-- 4227 75610320008 U PALMGREN, LISA 2180 HOLIDAY LN NAPLES, FL 34104--4225 24981920007 U PATRICIA MCNAMARA REV TRUST 3126 BEAR SWAMP ROAD MARSHALS CREEK, PA 18335 --- 0 24930320001 U PEG HOLIDAY INVESTMENT LLC C/O MAC TRUST NAPLES LLC 500 5TH AVE S #502 NAPLES, FL 34102--0 24981880008 U PERRUCCI, FRANCIS P 1848 HARBOR PL NAPLES, FL 34104--4219 24983440006 U PIEKARSKI, JACOB 2239 SUNSET LN NAPLES, FL 34104 --- 0 75610200005 U PIMS LLC 208 TEMPLETON LN HIXSON, TN 37343--0 24880440002 U PIPER, SHEARON G 1923 HOLIDAY LN NAPLES, FL 34104--4222 24980520000 U POLASKI, VIRGINIA 1829 HARBOR LN NAPLES, FL 34104--4268 24982680003 U POLLIS, PHIDIAS J 1947 HARBOR LN NAPLES, FL 34104-- 4215 24982400005 U PRADO, JULIAN PAITA, MARIA T 1303 BARBIZON LN NAPLES, FL 34104--4282 24880240008 U RACLIM MANAGEMENT COMPANY LLC 230 E 79TH ST APT 5C NEW YORK, NY 10075-0 24881080005 U REBORA, STEPHEN J & KERRY A 3819 N HERMITAGE AVE CHICAGO, IL 60613-0 24981480000 U RENE H CONTI REV LIV TRUST 1971 HARBOR LANE NAPLES, FL 34104--0 24982360006 U RICHARDS, RANDY A 2240 DAVIS BLVD NAPLES, FL 34104--4211 24930480006 U RICHARDS, RANDY A CHARLES N RICHARDS 2240 DAVIS BLVD NAPLES, FL 34104--4211 00386761209 U RIGGS, FRANCES S 201 TEMPLE RD NEW IPSWICH, NH 03071--3432 24982640001 U ROBINSON, STEPHANIE TAUSCH 518 PATTERSON AVENUE SAN ANTONIO, TX 78209--0 24981720003 U RON MOGERMAN NAPLES HOLDINGS 10040 SW 2ND ST PLANTATION, FL 33324--0 59715000605 U ROSALES, MADAY SANTOYO RUDY ROSALES 411 BAKEF BLVD TUKWILA, WA 98188--0 24982040009 U ROZES, KOMES 1223 GREEN END AVE MIDDLETOWN, RI 02842 --- 0 24983480008 U RUTH LOUISE TRETTIS REV TRUST 791 WEDGE DR NAPLES, FL 34103 --- 0 24831600008 U SALCEDO, J ALBERTO RODRIGUEZ 1283 BARBIZON LN NAPLES, FL 34104--- 4228 24880200006 U SALVATION ARMY 3180 ESTEY AVE NAPLES, FL 34104 --- 0 00385920009 U SCHAFER, AMY KATHRYN 2057 HOLIDAY LANE NAPLES, FL 34104 --- 0 24980760006 U SEXTON, DANIEL N MARK L WODLINGER 1390 BARBIZON LN NAPLES, FL 34104--- 4281 24880400000 U SHIELS, JOANN MARIAN SCOTT 2215 SUNSET LN NAPLES, FL 34104--- 4227 75610120004 U SIMOVIC, MILOS 2140 HOLIDAY LN NAPLES, FL 34104 --- 0 24981840006 U SMITH FAMILY PROPERTY LLC PO BOX 2312 WINCHESTER, VA 22604--0 24880560005 U STAFFIERI, APRIL D 1897 HARBOR LANE NAPLES, FL 34104--- 4268 24982480009 U STANTON, RILEY PATRCCK 1980 HOLIDAY LANE NAPLES, FL 34104 --- 0 24981600000 U STEINER, TIMOTHY 10267 BOCA CIR NAPLES, FL 34109 --- 0 00386600001 U STEINER, TIMOTHY 10267 BOCA CIR NAPLES, FL 34109--0 75610400009 U Address list 500 feet from project PDF STRICKLER, JEFFREY D 1260 BARBIZON LN NAPLES, FL 34104--4229 24880640006 STUCKEY, DEBORAH F 1865 HARBOR LANE NAPLES, FL 34104--0 24982560000 TAGERT, KATE EDWARD J WHITFORD 12 WEST WALNUT ST ALEXANDRIA, VA 22301--0 24982280005 TERRA AQUA LLC 7695 SANTA CRUZ CT NAPLES, FL 34109 --- 0 00386240005 TERRA AQUA LLC 7695 SANTA CRUZ CT NAPLES, FL 34109 --- 0 00386280104 THRELKELD JOSEPH A KATHLEEN L KITCHELL 2123 HOLIDAY LANE NAPLES, FL 34112 --- 0 24980880009 UHLICH, CHAD M 2227 SUNSET LANE NAPLES, FL 34104 --- 0 75610160006 VICTORIA WATTS REV TRUST 2048 HARBOR LANE NAPLES, FL 34104 --- 0 24930240000 VILLA, BARBARA M JAVIER VALINO GONZALEZ 1995 HOLIDAY LN NAPLES, FL 34104 --- 0 24980640003 WAGNER, VICKIE L B 5760 AUTUMN OAKS LN NAPLES, FL 34119-1124 24881040003 WEIR, AIDEN J 1303 BROOKSIDE DR NAPLES, FL 34104--0 24881000001 WESTOVER, CLIFFORD LAWRENCE 1263 BROOKSIDE DR NAPLES, FL 34104---4201 24880920001 WILLGING, ROBERT WILLIAM SHEENA WILLGING 1385 BROOKSIDE DR NAPLES, FL 34104 --- 0 75610040003 WILLGING, ROBERT WILLIAM SHEENA WILLGING 1385 BROOKSIDE DR NAPLES, FL 34104-4203 00386520000 WORKINGER, CICELY SAGE 2048 HOLIDAY LN NAPLES, FL 34104--4225 24981680004 YOUNG, CIARA 1243 BROOKSIDE DR NAPLES, FL 34104 --- 0 24880880002 ZALIMOV, DANIEL & JULIE 1323 BARBIZON LN NAPLES, FL 34104--- 4282 24880280000 ZAMBONI, JOSEPH W & MARY J 1940 HOLIDAY LN NAPLES, FL 34104--0 24981520009 ZANGARI, FRANK M 2096 HOLIDAY LN NAPLES, FL 34104--- 4225 24981760005 ZAPPE, ROGER NORMA IRENE ECHEANDIA 2015 HOLIDAY LANE NAPLES, FL 34104 --- 0 24980680005 REFERENCE ONLY LE CENTRE OFF FIFTH LAND CONDOMINIUM 12490040008 OPH HOTEL LP 370-70 UNIVERSITY AVE TORONTO M5J 2M4 CANADA 11782500040 OPH RESTAURANT LTE 370-70 UNIVERSITY AVE TORONTO M5J 2M4 CANADA 11782500066 NAPLES BROOKSIDE HOMEOWNERS 1980 HARBOR LN NAPLES, FL 34104 Address list 500 feet from project PDF Written Summary of Neighborhood Information Meeting #2 Brookside Marina Submerged lands Rezone (PL20190001540) Date: July 19, 2022 at 5:30 PM Location: Collier County Growth Management Community Development Department Room 609/610 2800 N. Horseshoe Drive Naples, Florida 34104. Zoom: Webinar ID: 822 7184 4753 Presenter: Clay Brooker, Applicant's Agent On July 19, 2022, at approximately 5:30 PM, a Neighborhood Information Meeting was held pertaining to the above captioned rezone application. Clay Brooker, the Applicant's agent, gave the enclosed presentation at the Collier County Growth Management Community Development Department, Room 609/610, Naples, Florida. Approximately 29 attendees were present: 10 in -person and 19 via Zoom. A summary of the meeting is below. Mr. Brooker began with a brief introduction, explained the purpose of the Neighborhood Information Meeting, and gave the enclosed presentation. At approximately 6:04 PM, Mr. Brooker opened the floor for questions. The following questions were posed (responses noted in bold)*: 1) How will parking for the marine be handled after the uplands property is conveyed? A private agreement between the parties to the contract. 2) Have there been or will there be impact studies on the environmental impact (i.e., reduction in mangroves)? Mangroves will remain; exotics will be removed. 3) Is the parking easement in perpetuity or for a limited time? Easement will run with the land. 4) Will subsequent owners of the submerged lands be bound to conditions in the ordinance? Yes, terms in the ordinance adopting the rezone will be binding on successor owners. 5) What are the operating hours for the marina, and can they be modified to end operations prior to 5PM? John Combes from Freedom Boat Club responded: Marco Island location is restricted by the marina to 8AM-5PM; all other operations are sunrise to sunset (including Bayfront, Bonita Shores, and Bonita Beach). 6) What are the total number of wet slips? There are 39 wet slips today; Petitioner is proposing an additional 73 slips to reach a total of 112 wet slips. The Department of Environmental Protection has approved up to 112 wet slips on the property. 7) With objection to the number of annual trips in and out of the marina, how many of the existing slips from years past were commercial versus residential? Unknown, however a different member of the public claimed that the prior slips were residential so the number of trips will undoubtedly increase. 8) How many charter boats will be permitted and what size will the vessels be? Petitioner envisions a mix of uses within the marina. Some personal, some chartered, some Freedom Boat Club vessels. The vessel size is naturally limited by depth of the waters and fixed bridges that will not accommodate a tall "super structure" vessel. 25-30- footer is the maximum. The number of charter boats is dependent on the market. The marina opens the slips for rent or purchase (likely for rent). 9) There was mention of residential use; can you clarify the proposed zoning? C-4 is commercial. Limited to marina and docks. 10) If the current zoning is residential, how is there a commercial business on the property? Pre-existing nonconformity. When the wet slips were built, they were conforming uses as the uplands is zoned C-4. Any land zoned C-4 can use the water as a marina. Unfortunately, when the wet slips were torn down, the legal nonconformity was extinguished. Everything at the property today is still a legal non -conformity. 11) How many boats are permitted on the 39 wet slips existing today? Petitioner's consultant, Hans Wilson, responded that there are 112 permitted wet slips and utilization of the grandfathered 39 wet slips is likely regulated by the regulatory document for the uplands that originally permitted the 39 grandfathered slips. Ray Bellows commented that he would ask Tim Finn to get the regulatory document describing how many boats per slip are permitted. Clay Brooker advised that the site development plan recently amended allows 234 slips on the property (upland and submerged lands wet slips). 12) Are there any buffer zones or setbacks required given the proximity of the uplands to the neighboring properties (i.e., narrow canal)? Ray Bellows responded that something may be required after environmental staff reviews the application. 13) Is there an impact study that can be done regarding the number of trips that will occur? No current county or state regulations that require an impact study in this context. 14) How did the property become commercial rather than residential and owned by the Brookside Homeowners' Association? Petitioner was unable to address this question with certainty but suggested it was sold at some point and noted that the C-4 zoning district has existed for 20 years, give or take. 15) Who are the owners behind Naples Marina Holdings? Naples Marina Holdings is a single member entity owned by John Giglio. 4864-9713-9209, v. 1 16) Who will own the uplands? The 2.8 acres of uplands are under contract. Petitioner's agent is not at liberty to disclose the potential buyer, however, the preapplication meeting notes are public records. 17) How can we ensure an impact study is required prior to approval? Contact County Environmental staff: Craig Brown and Jaime Cook. 18) How many boats occupy each pod and are there more than 10 pods? There are 63 boats on site with some fendered off outside of the t-docks; theoretically there could be seven (7) boats tied to each of the pods on the east side of the ramp. However, there will be no more boats fendered off overnight. 19) Of the 112 wet slips, how many are exclusively for the Freedom Boat Club? The existing site plan authorizes 234 wet and dry;137 wet and the balance dry. Under the previous design/uses, 39 slips were shown on the existing floating docs. However, the site is authorized by DEP for 112 wet slips. At approximately 7:25 PM Mr. Brooker confirmed there were not further questions from the attendees and the meeting concluded. *Note that the list of questions and answers is for summary purposes only and does not constitute a verbatim recitation of the public comment portion of the NIM. Please refer to the enclosed recording as needed. 4864-9713-9209, v. 1 SIGN IN SHEET NEIGHBORHOOD INFORMATION MEETING: JULY 19, 2022 PETITION NO. PL20190001540 REZONE OF BROOKSIDE MARINA SUBMERGED LANDS Print Name E-MAIL Address i Jt1 rLo J Vv L l Tw l �l U-co 6 C9 (T�/4t+( r, � , � � G � ��A ��, ����� ;��r.U���.�,�►C(9�+d� � cow z.��,� ��1-�.�iz � 3 i�� �ft%� ,%D�'�-Cf/�Z%,i(�*��ii���ae'�c•fvt� V��.c%`� � ���V�C? ? ,!'�(J�� !/ �'i✓/C'1 /' �. c.Yz4w ( c G v4 a t`LAj Registration Report Report Generated: 7/20/2022 10:41 Topic Webinar ID Brookside Marina Subme 822 7184 4753 Attendee Details First Name Last Name Dean Gross Joan Gross Fred Harms Dom Cotugno Aimee Eckenrode-Harris John Combes zully ruiz Scheduled Time 7/19/2022 17:30 Email 688@comcast.net joaniegross@gmail.com fred_922@hotmail.com Cotugnod@gmail.com Aimee.Eckenrode@Yahoo.com jcombes@freedomboatclub.us zullyzre@gmail.com Clay Brooker ccbrooker@napleslaw.com Jason Botta jpbott@gmail.com Paul Angeloni paul@builtbysbs.com Kevin Aizenshtat kevin@gcipnaples.com Heather Mcdermott Hheff1974@yahoo.co.uk Mark Mahoney mark.mahoney@myfwc.com Terese Pingree terese-pingree@comcast.net Frank Perrucci fmperr@gmail.com Michael Madsen Khmmtm@gmail.com Aimee Eckenrode Aimee.Eckenrode@lcloud.com Matt Brown matt.brown@raveis.com Matthew McDermott jet.tech@rocketmail.com charles thomas ctnaplesflorida@msn.com Duration (minutes) Address 1898 Harbor Ln, Naples, FL 1898 Harbor Lane, Naples, FL 34104 1736 Harbor Ln 2072 Harbor Lane, Naples FI 34104 1854 Harbor Lane 897 E. Venice Ave., Venice, FL 34285 346 Edgewater Ct c/o Cheffy Passidomo, P.A., 8215th Ave S, Naples, FL 34102 2096 Harbor Lane, Naples 1919 TRADE CENTER WAY 6915th Ave South, Naples FL 34102 2024 harbor lane 401 Shell Island Road 2195 Harbor Rd 1848 Harbor Place Naples FI 34104 2120 Harbor LN 1854 Harbor Lane 1970 Holiday Lane 2024 Harbor Lane 682 8th St North, #9 # Registered # Cancelled # Approves # Denied 60 20 0 20 0 Registration Time Approval Status 7/14/2022 9:38 approved 7/14/2022 9:55 approved 7/15/2022 16:59 approved 7/15/2022 20:26 approved 7/17/2022 11:34 approved 7/18/2022 14:27 approved 7/18/2022 14:51 approved 7/18/2022 15:24 approved 7/18/2022 16:29 approved 7/19/2022 11:36 approved 7/19/2022 12:34 approved 7/19/2022 12:37 approved 7/19/2022 12:45 approved 7/19/2022 13:05 approved 7/19/2022 14:40 approved 7/19/202217:18 approved 7/19/2022 17:28 approved 7/19/2022 17:30 approved 7/19/2022 17:33 approved 7/19/2022 18:03 approved Brookside Marina Submerged Lands Rezone (PL20190001540) Second Neighborhood Information Meeting J U LY 1912022 �. HOLIDAY LANE *aN, Tq,;,l DAVIS BOULEVARD (SR 84) '17 k _i AERIAL PHOTOGRAPH reensite DATE: 7121/20 BROOKSIDE MARINA PUD REZONING ""` "` JO B NO: 1&002 FILE: 19-3 DVJC 002 Wa. U¢MTRgKAK K:Kn1060DitOl4'DNI.O�i'[Dw1QT[�0<b6K ..mow-f�if�_�..SHEET: 1 2 HOLIDAY LANE HARBOR LANE Tqkq�/T q ST��S 4�J DAVIS BOULEVARD (SR 84) AERIAL PHOTOGRAPH (REZONING APP PL20190001540) (reeri m DATE 9113nI BROOKSIDE MARINA y engb"Hng, ha FILE. 19002EX04.DJIG JOB NO. 19-002 -s r-r.a-.•oKm.c �vsnonaawxwceia no�+e«rwarewwswsa- .....,-tr�-.�.. SHEET 1 3 9 e n Y. FLORDA 14CM 44D VACM ' FcIEiE— CMMACM MEIAVMENT OMMON CK%Rw N I TM WS RNG 25E SE0(51 02 30 IM •VAi E9 El op lb a r �- •� .4 4c 4Ir t lot �.� IR 4$r oasrmr r w I AERIAL OF COVERE PROPOSED DOCK/SLIPS DEPICTED LAYOUT IS CONCEPTUAL AND WILL BE FINALIZED DURING THE SITE DEVELOPMENT PLAN PROCESS EXISTING DOCKISLIPS TYP. II II it I I l 1 I II II II I 11 I I I I I I 1 LJLJLJI il- --JL--J------------------ I-- - - - - - - - - - - - - -------- -- 1 r II (1 1 LEGEND: OWATERWAYISUBMERGED LANDS 4 4 ACRES CONCEPTUAL SITE PLAN [SUBMERGED LANDS] BROOKSIDE MARINA .,�.ee,rele�a.lc,w.merlae.rerrmerrwm.nw,lrn ee.nareerm '� erl�neeling, inc. r� wwlr�l;�alcccu GRAPHICAL SCALE 0 50 100 SCALE DATE: 7/412022 ■ FILE: 19DOZZ12. DWG JOB NO: 1 M02 SHEET: 1 a Comparison of Uses Allowed in Existing RSF-4 District and Proposed C-4 District N== L RSF-4 Proposed C-4 District Permitted Uses • Single-family dwellings • Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, •Family care facilities. lighterage, marine salvaging, marine wrecking, and steamship leasing) •Educational plants and public schools with an agreement with Collier County • Water Transportation of Passengers (4489 — except airboats/swamp buggy rides) • Water Transportation Services (4499), limited to boat cleaning, boat hiring (except pleasure), boat livery (except pleasure), commercial boat rental, and chartering of commercial boats • Amusement and Recreation Services (7999), limited to pleasure boat rentals, operation of charter or party fishing boats, canoe/kayak/rowboat rentals, houseboat rentals (except not for fiveaboard purposes on the Property), and tourist guides Accessory Uses • Uses and structures that are accessory and • All structures and uses accessory to marinas, incidental to uses permitted as of right in the including, but not limited to, boat slips (wet), RSF districts. piers, walkways, davits, boat lifts, boat lift canopies, and boat ramps. 10 Comparison of Uses Allowed cont... • Private docks and boathouses • On eguesthouse • Recreational facilities that serve as an ,on tegral p art of a residential development cod have been designated, reviewed and approved on a site development plan orpretiminairy subdivision plat for that development. Recreational faciGtiesmay include, but are not Limited to, golf course, clubhouse, community cen t er b uilding and tennis facilities, parks, playgro un ds and playfi gilds. Conditional Uses • Noncommercial boat launch and multiple dock facilities • Churches • Schools, private • Child care centers and adult day care centers • Cluster development to include one- and two- family structures • Golf courses Comparison of Uses Allowed cont... Group tore facilities (category 1), cure unit nursing homes: assisted living facilities; and continuing core retirement communities -Category llgroup cane facilities and core units, only when the tenancy of the person or persons under core would not: i. Constitute a direct threat to the h ealth or safety -of other individuals,• A Result in substantial physical damage to the property of others: or hi. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title21, US Code. • Rerreotionol facilities intended to serve on existing andlor developing residential community as represented by oil of the prop ertiesfio tslp arcels inciuded in an approvedpreliminary subdivision plot, or site deveiopmen t plan. Model homes and model soles centers. Public schools without on agreement with Collier Coun ty 12 Coordination and Cooperation with the Brookside Neighborhood 13 FWC Dispatch (561) 357-4200 61, Letter Requesting IS/NW Zones for �a4u.rR unemwnz..yir mus,day.cuuuy oe tuaawm®r>� t.HFFFYPA SCTDO MO azs Fmh nwora some NxpN snorids semi mvw.vsP—�m May 12, 2022 Rock Creek Chris D'Aroo, Senior Environmental Specialist Collier County Coastal Zone Management Capital Project Planning, Impact Fees & Program Management Division 205 South Horseshoe Drive, Suite 103 Naples, Florida 34104 Re: Rock Creekvessel speed restriction and slgrcage Dear Chris: This firm represents Naples Marina Holdings, tkC ("NMH"), the owner of Brookside Marina. NMH is currently petitioning Collier County for a rezone (Pt20190001540) of the marina's privately-u ed submerged lands to facilitate an expansion of the number of dock slips at the marm a. Several owners of the residential properties in the Brookside subdivsion to the north of the marina have advised us that vessels traveling in Rock Creek to and from the marina often teed safe speeds (idle or slow) thereby causing dangerous conditions to other vessels underway in Rock Creek as well as wake damage to the neighbors real and personal property. We note that the State of Florida currently recognizes Rock Creek as a "manatee/slow speed - minimum wake" (SS/MW) zone. However, there are no waterway regulatory markers advising boaters of this zone in Rock Creek. We have had extensive discussions with representatives of the Florida FWCC, but, thus far, they have not been receptive W our requests to place SS/MW markers inside Rock Creek. For more than 40 years (since at least 1979), Collier County has designated all of Rock Creek as an idle speed/no wake (IS/NW) zone. Indeed, on October 30, 1979, the Collier County Board of County Commissioners (BCC) adopted Resolution 79-165 which designated "Rock Creek; from entrance of Brookside subdivision to Airport Road" (among other areas) as a restricted area "for the purpose of placing'No Wake -Idle Speed Onit/ markers thereon.._" Two years later, the BCC plling/two signs for Rock Creek "for IS/NW zone remains codified today in nd 145-00,5(c)(5). Consolidated Waterways and Beaches ice, Rack Creek is not Included as an express request to include Rock Creek e than four decades. z designate "boadng-restricted areas" circumstances in which a county may of Rack Creek's IS/NW designation '..(1)(c)1, Florida Statutes, permits a within 300 feet of a bend in a narrow Attached to this letter is an a anal t. These two bends require vessels to actively, where visibility is obscured. :C's approval to designate the areas A is willing to assist the County with atutes, that the County apply W the s at or near the approximate locations client is willing to assist in this regard is signs. nd I'm happy to discuss this matter Sincerely, 1A1 C1ayC 8,Vck— Clay C. Brooker Cheffy Passidomo, P.A. ►�ii psdr••� r r. rirh' 15 BCC's Executive Summary Re IS/,NW Zones for Rock Creek 10.N.1 O7/1712022 EXECUTIVE SUMMARY RECOMMENDATION TO DIRECT STAFF TO REVIEW WHETTIER NAVIGATION SIGNS CAN AND OUGHT TO BE PLACED IN THE ROCK CREEK AREA TO REDUCE BOAT SPEED TO IDLE/NO WAKE. OBJECTIVE, To reduce boss speed to idle/.. wake is the Rack Creek area ae dwigeted in the map withinthia eummrty. CONSIDERATIONS, I bevy received complaints from residents about the .tied to reduce speed in a pottio. of Rack Creek based an iveteexd boat nafge traveling m end from the Bmakaide Marina. The area in question is get outdo below. Be— the County can rake the..p. to ngW-Otis, eunfflus advised me thW they need to do the fonowing: 1. Identity the property o ml p Wong the u w enu.e the vas are wets. within the C—ly'a suthvrity. In other woods, enema thm We —.. ve not pivetely owned submvged lends, into which the County may.otbevc e,tb,,ity to ant¢ without the owners' cogent. PaekN Pg.1S:Y 10.M.1 mnvzazz vt the County by the proper authority, we would follow Florida Stange t establish the ordinance. Thu Won.,. ellowe local governments to eke amen within 300 feet of band comers in armor charnel wham s shown in the serial photograph above, Rack Creek bu two such blind to nod from the Brookside Marina The County's a,dimvice may not wed and Wp—d by the Florida Fish and Wildlife Commiseiov. Prior he Board for approval, we would coordinate with FWC on the draft ed adoption of the ordinance, it is then transmilled to FWC with a letter formal" review proceae. FWC world review, approve, and send back en readvc the apPtoval Ionar from FWC to cambgsh the zone, the County y for a Florida Uniform Watvway Markar Pvmit to properly mak the xk oatd direct sraffm initiate this po.eess. 11PAC T, None. This I— has barn reviewed by the County Attorney, taieea no legal jority vote for Board appmvel. dAK —.detion m direct ,mff to miew wbether navigation sign, can end xk vas to reduce beet epeedm idW.o wake. mission, District 4 PDF) Packet Pp. 1330 16 17 Upland Development Plans TWO PUBLIC HEARINGS • Before Whom? o Collier County Planning Commission o Board of County Commissioners • Where? o Collier County Government Headquarters 3299 Tamiami Trail East o 3rd Floor of Administration Building • When? o Not yet scheduled o Mailed Notice, Newspaper ads, Posted Sign Clay Brooker, Applicant's Agent Tim Finn, County Planner QUESTIONS? ccbrooker@napleslaw.com (239) 261-9300 timothy.finn@colliercountyfl.gov (239) 252-4312 20 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 04-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear, and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the subject property, a description of the proposed change, and the date, time, and place of a Neighborhood Information Meeting. The attached letter, property owner's list, and copy of newspaper advertisement are hereby made a part of this Affidavit of Compliance (Signature of,/Applicant's Agent) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this " day of July, 2022 by Clay C. Brooker, who is personally known to me. 006 (, - o a J (Signature ofi ary Public) +1n�yL-1 (Notary Seal) ���� Notary Public State of Florida Printed Name of Notary Chelsea Lech My Commission EMAIMxp 6/23/2026 G:1NIM Procedures/Affidavit Of Compliance - NIM Oct2O I O.Doc ess Serial Number usin 22-01414C rvw Published Weekly Naples, Collier County, Florida COUNTY OF COLLIER STATE OF FLORIDA Before the undersigned authority personally appeared Ernesto Rendon who on oath says that he/she is Publisher's Representative of the Business Observer a weekly newspaper published at Naples, Collier County, Florida; that the attached copy of advertisement, being a Meeting_ Notice in the matter of Neighborhood Information Meeting on July 19.2022 at 5:30 pm for Rezone of Brookside Marina Submerged Lands in the Court, was published in said newspaper by print in the issues of 7/l/2022 Affiant further says that the Business Observer complies with all legal requirements for publication in chapter 50, Florida Statutes. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. C - �004 OZ Ernesto Rendon Sworn to and subscribed, and personally appeared by physical presence before me, 1 st day of July, 2022 A.D. by Ernesto Rendon who is personally known to me. Notary Public, State of Florida (SEAL) Donna Condon yr rU� Comm.#HH015747 ..;= Expires: June 29, 2024 BMW ft Aaw Notary NEIGHBORHOOD INFORMATION MEETING PETITION NO, PL20190001540 - Rezone of Brookside Marina Submerged Lands In compliance with the Collier County Land Development Code requirements, a neighborhood meeting hosted by Clay C. Brooker, Esq. of Che$y Passidomo, P.A., representing Naples Marina Holdings, I,LC (Applicant) will be held July 19, 2022, 5:30 pm, at the Collier County Growth Management Community Development Department, Room 6091610 (2800 N. Horseshoe Drive, Naples, FL 34104). - The Applicant has submitted a formal application to Collier County seeking approval of a rezone of t4.4 acres of submerged lands generally located at 2015 Davis Boulevard (see map below) from RSF-4 (Residential Single Family) to C-4 (General Commercial), limited to water -dependent and water -related uses. The Applicant desires to install additional wet slips in the submerged lands and use them for marina purposes in conjunction with the adjacent uplands to the south (commonlykmown as the Brookside Marina). In general; the proposed rezone would limit the uses permitted within the submerged lands to marinas (and uses accessory to marinas), water transportation of passengers, water transportation services, and amusement and recreation services such as pleasure boat rentals and. operation of charter or party fishing boats. Liveaboards would be prohibited. PR M47= � , Special accommodations will be made to allow for attendance virtually (via Zoom). If you prefer to attend virtually, please notify us via email at cnhach@napleslawcom prior to July 18, 2022, to allow us to send you login instructions. Should you have questions prior to the meeting, please contact Clay Brooker by email: cebrooker@napleslawcom or phone: 239-261-9300. Any information provided is subject to change until final approval by the gov- erning authority. The Neighborhood Information Meeting is for informational pur- poses, it is not a public bearing. July 1, 2022 22-01414C EDWARD K. CHEFFY Board Certified Civil Trial Lawyer Board Certified Business Litigation Lawyer JOHN M. PASSIDOMO Board Certified Real Estate Lawyer LOUIS D. D'AGOSTINO Board Certified Appellate Practice Lawyer DAVID A. ZULIAN Board Certified Construction Lawyer CLAY C. BROOKER Board Certified City, County and Local Government Lawyer CHEFFY PASSIDOMO ATTORNEYS AT LAW 821 Fifth Avenue South Naples, Florida 34102 Telephone: (239) 261-9300 www.napleslaw.com June 27, 2022 Subject: Neighborhood Information Meeting Rezone of Brookside Marina Submerged Lands Petition No. PL20190001540 Dear Property Owner: WILLIAM J. DEMPSEY Board Certified Real Estate Lawyer DEBBIE SINES CROCKETT RACHAEL S. LOUKONEN Board Certified Business Litigation Lawyer BRIAN J. THANASIU Board Certified Real Estate Lawyer KIMBERLY D. SWANSON JONATHAN R. FITZMAURICE Of Counsel: GEORGE L. VARNADOE Please be advised that a formal application has been submitted to Collier County seeking approval of a request to rezone the submerged lands generally located at 2015 Davis Boulevard (see map below). The Applicant is seeking approval of a rezone of ±4.4 acres of submerged lands from RSF-4 (Residential Single Family) to C-4 (General Commercial), limited to water - dependent and water -related uses. The Applicant desires to install additional wet slips in the submerged lands and use them for marina purposes in conjunction with the adjacent uplands to the south (commonly known as the Brookside Marina). In general, the proposed rezone would limit the uses permitted within the submerged lands to marinas (and uses accessory to marinas), water transportation of passengers, water transportation services, and amusement and recreation services such as pleasure boat rentals and operation of charter or party fishing boats. Liveaboards would be prohibited. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting (NIM) will be held to provide you an opportunity to become informed about the rezone request, ask any questions and express any concerns you may have. The Neighborhood Information Meeting with be held on July 19, 2022, 5:30 p.m., at the Collier County Growth Management Community Development Department, Room 609/610 located at 2800 N. Horseshoe Drive, Naples, FL 34104. Special accommodations will be made to allow for attendance virtually (via Zoom). Should you choose to participate via Zoom please notify us via email at cnlach@napleslaw.com prior to July 18, 2022, to allow us to send you login instructions. Please be sure to include your name and street address. Should you have questions prior to the meeting, please contact Clay Brooker by email: ccbrooker@napleslaw.com or phone: 239-261-9300. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. Very truly yours, Clay C. Brooker, Esq. Cheffy Passidomo, P.A. CCB/cnl Enclosure i.C�4lSI Al4Zk RED EMT 3 Cnctix l�tt y SUBJECT ^ I PROPERTY 7a�ry - csuey �.t . •..- ��� it Y�1 81•i .. .Y Gledn lll G m .01 I p 4880-6745-1401, v. 2 Notice. This data belongs to the Collier County Property Appraisers ice (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA .provided data The recipient may not transfer this data to others without consent from the CCPA, }Petition: PL20190001640 j Buffer. 500' 1 Date: 6122/2022 1 Site Location: 00386200003, 00386120002, 00386080003 NAME1 NAIAE2 NAME3 NAME4 NAM90 NANFA POLIO ADDRESS'TYPE 1230 BROOKSIDE DRIVE LLC 9315 CHIASSO COVE COURT NAPLES, FL 34114-0 24980960000 U 1343 BARBIZON LN TRUST PO BOX 3155 NAPLES, FL 34106-4738 24880320009 U 1933 DAVIS LLC 4100 CORPORATE SQ #151 NAPLES, FL 34104-0 003863200D6 U 2120 HOLIDAY LLC 225 ISLAND VIEW LANE GREENPORT, NY 11944-0 24981800004 U ACIERNO, VALERI 1947 HOLIDAY LANE NAPLES, FL 34104-0 24980560002 U ARBOGAST, GRACE E 2171 HARBOR LN NAPLES, FL 34104-317 24982000007 U ARO DAVIS LLC 6321 DANIELS PKWY #200 FORT MYERS, FL 33912--0 11782500024 U BARTO, SABIN 2140 HARBOR LANE NAPLES, FL 34104-0 24930400002 U BECKLER, JUDITH THEKLA 1836 HARBOR LN NAPLES, FL 34104-4274 24983240002 U BROWN, MATTHEW D & LINDSEY L 5841 SPANISH OAKS LANE NAPLES, FL 34119--0 24980600001 U BULMAN, ANDREW & CHRIS71NA 41 RING ROAD PLYMPTON, MA 02367-0 24982240003 U BW RRI III LLC 1825 GILLESPIE WAY #101 EL CAJON, CA 92020-0 5971500050B U CARTER, MELANIE ANN REGINALD VON CARTER 700 94TH AVE NAPLES, FL 34108-0 75610360000 U CC & E INVESTMENTS LLC 1088 WISCONSIN DR NAPLES, FL 34103-0 77510360001 U CHMIEL, CLIFFORD 2160 HARBOR LN NAPLES, FL 34104-4218 2493044DO04 U COLLAFARINA, SYLVIE 1283 BROOKSIDE DR NAPLES, FL 34104-0 24880960003 U COLLIER IV, BARRON GIFT KATELYN COLLIER 2633 LONGBOAT DR NAPLES, FL 34104--0 24983400004 U COLLINS, MARLA 606 DOYLE SPRINGS RD GRANDBURY, TX 76048-0 24980920008 U CONTI, RENE H HUNTER J PRICE 1971 HARBOR LN NAPLES, FL 34104-0 249823200D4 U COONS, KALEIGH ANN CHRISTINE TONY JAMES TRACY 2222 SUNSET LN NAPLES, FL 34104-0 75610280009 U CS HOLIDAY LLC 24475 RED ROBIN DRIVE BONITA SPRINGS, FL 34135--0 24981560001 U CURRENCE JR, GLEN W CURRENCE, ROBIN L TAYLOR 1340 BARBIZON LN NAPLES, FL 34104-4281 24880480004 U CURRENCE JR, GLEN W & ROBIN L 7719 STATE ROUTE 303 WINDHAM, OH 44288-9791 24980720004 U D P & S L COTUGNO REV TRUST 2072 HARBOR LANE NAPLES, FL 34104--4218 24930280002 U DEBORAH K JANSEN REV TRUST 205 SUNRISE CAY APT 103 NAPLES, FL 34114-9651 24880520003 U DIVIDEEDS LLC 1849 HARBOR LANE NAPLES, FL 34104-0 24982440007 U DIVIDEEDS LLC 1849 HARBOR LANE NAPLES, FL 34104-0 24982600009 U DIXON, VICKI L NEWMAN, DAVID D 1844 HARBOR PL NAPLES, FL 3410"219 24983360005 U DULLOCK, DANIEL & HEATHER 1514 S SANDSTONE JACKSON, MI 49201-0 24980800005 U ECKENRODE HARRIS LIVING TRUST 1854 HARBOR LN NAPLES, FL 34104-4275 24983520007 U ENGLUND, FRANK D MARY LE SNOVER 1940 HARBOR LN NAPLES, FL 34104-4216 24930040006 U FLASHMAN, JOANNA H 1960 HARBOR LN NAPLES, FL 34104-4216 24930080008 U FOHT, RICHARD & NANCY 1880 HOLIDAY LANE NAPLES, FL 34104-0 24981440008 U GALLAGHER, WILLIAM F V 1883 HARBOR LN NAPLES, FL 34104-4268 24982520008 U GARBANI, JEAN-PIERRE 311 HENLEY DRIVE NAPLES, FL 34104-0 24880360001 U GARCIA, MARCELINO M & LILLIE M 1240 BARBIZON LN NAPLES, FL 34104-4229 248BO680008 U GEILENBRUEGGE, GERO 2207 SUNSET LN NAPLES, FL 34104-0 75610080005 U GENE L MCSWAIN TRUST 1400 PINE ST NAPLES, FL 34104-4289 00385800006 U GONZALEZ, EMILIO S & GIOVANNI 2097 HOLIDAY LN NAPLES, FL 34104-4224 24980840007 U GRIMES A RICHARD H 1280 BARBIZON LANE NAPLES, FL 34104-0 248806000D4 U GROSS, DEAN & JOAN P 0 BOX 3066 NAPLES, FL 34104-4275 24983640000 U GROVEMAN, RICHARD A & LINDA F 2000 HARBOR LN NAPLES, FL 34104--0 24930160009 U GUNN, TRACY MICHELE BENJAMIN KRICK III 1840 HOLIDAY LANE NAPLES, FL 34104--0 24981360007 U HAWORTH FAMILY LIV TRUST 1980 HARBOR LN NAPLES, FL 34104-4216 24930120007 U HERBERT HARR TRUST 2261 ROYAL LN NAPLES, FL 34112-5387 24982080001 U JACKSON, BARBARA J 1840 HARBOR PL NAPLES, FL 34104- 4219 24983280004 U JULIE L COLEMAN TRUST 2024 HOLIDAY LN NAPLES, FL 34104- 4225 24981640002 U KASZIAN, AVA SYLVAI KASZIAN HOFMANN NADAV HOFMANN 83381BSIS COVE CIR NAPLES, FL 34119--0 24982200001 U KATLOU LLC 2377 DAVIS BLVD NAPLES, FL 34104-420D 00385880000 U KEARNEY, RICHARD C 2029 HARBOR LN NAPLES, FL 34104-4217 24982160002 U LANG, PETER & MICHELLE R 1884 HARBOR LANE NAPLES, FL 34104-0 24983600008 U LAWRENCE, GEORGE 1860 HOLIDAY LN NAPLES, FL 34104---4223 24981400006 U MADSEN, MICHAEL T & KELLY H 2120 HARBOR LN NAPLES, FL 34104- 4218 24930360003 U MARCUS, MARK F JANE E MUELLER 1206 W JARVIS 3-S CHICAGO. IL 60626--0 24831680002 U MCDERMOTT, MATTHEW L HEATHER J MCDERMOTT 2024 HARBOR LN NAPLES, FL 34104-4218 24930200008 U METROPOLITAN NAPLES LLC 1500 FIFTH AVE S SUITE 106 NAPLES, FL 34102-0 77510240008 U MINDER, JASON T & CHRISTIN 2195 HARBOR LANE NAPLES, FL 34104-0 24981960009 U MK2 PROPERTIES LLC 4160 CUTLASS LN NAPLES, FL 34102-0 24983560009 U MORRISON, CHRISTOPHER TODD AGNIESZKA WANGERT MORRISON 2095 HABOR LANE NAPLES, FL 34104-0 24982120000 U NAPLES BROOKSIDE HOMEOWNERS ASSOCATION, INC CIO FRANK ENGLUND 1940 HARBOR LN NAPLES, FL 34104- 4216 24930160106 U NAPLES MARINA HOLDINGS LLC 801 E VENICE AVE VENICE, FL 34285-0 00386160004 U NAPLES MARINA HOLDINGS LLC 801 E VENICE AVE VENICE, FL 34285-0 00386200003 U NAPLES MARINA HOLDINGS LLC 801 E VENICE AVE VENICE, FL 34285-0 00386280007 U NAPLES MARINA HOLDINGS LLC 990 LAGUNA DRIVE VENICE, FL 34285-0 00386080003 U NAPLES MARINA HOLDINGS LLC 990 LAGUNA DRIVE VENICE, FL 34285--0 00386120002 U NAPLES TRIANGLE DEVELOPMENT JV PROPCO LLC 1915 COCOPLUM WAY NAPLES, FL 34105-0 77510320009 U NAPLES TRIANGLE DEVELPMENT JV PROPCO LLC 1915 COCOPLUM WAY NAPLES, FL 34105--0 77510280000 U NELSON, CALUDIA 1363 BROOKSIDE DR NAPLES, FL 34104--4203 24881120004 U OAKES III, FRANCIS A DEANNE D OAKES 7695 SANTA CRUZ C1 NAPLES, FL 34109-0 00386000009 U Property Owner List - 500 ft - NIM No. 2 FINAL 4861-8974-92..86 v.1 OHARA, DANNY L 2234 SUNSET LN NAPLES, FL 34104-4227 75610240007 U PENT LLC P6 ELLINGTON RESIDENTIAL LLC 12734 KENWOOD LN #13 FORT MYERS, FL 33907-0 00386840007 U P6NT LLC P6 ELLINGTON RESIDENTIAL LLC 12734 KENWOOD LN #13 FORT MYERS, FL 33907-0 00386880009 U PAGNOTTO, DOREEN A 2210 SUNSET LN NAPLES, FL 34104-4227 75610320008 U PALMGREN, LISA 2180 HOLIDAY LN NAPLES, FL 34104-4225 24981920007 U PATRICIA MCNAMARA REV TRUST 2096 HARBOR LN NAPLES, FL 34104-0 24930320001 U PEG HOLIDAY INVESTMENT LLC C/O MAC TRUST NAPLES LLC 500 5TH AVE S #502 NAPLES, FL 34102 --- 0 24981880008 U PERRUCCI, FRANCIS P 1848 HARBOR PL NAPLES, FL 34104-4219 249834400D6 U PIEKARSKI, JACOB 2239 SUNSET LN NAPLES, FL 34104-0 75610200005 U PIMS LLC 208 TEMPLETON LN HIXSON, TN 37343-0 248804400D2 U POLASKI, VIRGINIA 1829 HARBOR LN NAPLES, FL 34104-4268 24982680003 U POLLIS, PHIDIAS J 1947 HARBOR LN NAPLES, FL 34104-4215 24982400005 U PRADO, JULIAN PAITA, MARIAT 1303 BARBIZON LN NAPLES, FL 34104- 4282 24880240008 U PRIZZI, KIRSTEN 1340 DELMAR LN NAPLES, FL 34104-0 24831640000 U RACLIM MANAGEMENT COMPANY LLC 230 E 79TH ST APT 5C NEW YORK, NY 10075--0 24881080005 U REBORA, STEPHEN J & KERRY A 3808 N LINCOLN AVE #208 CHICAGO, IL 60613-0 24981480000 U RENE H CONTI REV LIV TRUST 1971 HARBOR LANE NAPLES, FL 34104-0 24982360006 U RIGGS, FRANCES S 201 TEMPLE RD NEW IPSWICH, NH 03071-3432 24982640001 U ROBINSON, STEPHANIE TAUSCH 518 PATTERSON AVENUE SAN ANTONIO, TX 78209--0 24981720003 U RON MOGERMAN NAPLES HOLDINGS 10040 SW 2ND ST PLANTATION, FL 33324-0 59715000605 U ROSALES, MADAY SANTOYO RUDY ROSALES 411 BAKEF BLVD TUKWILA, WA 98188-0 24982040009 U ROZES, KOMES 1223 GREEN END AVE MIDDLETOWN, RI 02842-0 24983480008 U RUTH LOUISE TRETTIS REV TRUST 791 WEDGE DR NAPLES, FL 34103-0 24831600008 U SALCEDO, J ALBERTO RODRIGUEZ 1283 BARBIZON LN NAPLES, FL 34104-4228 24880200006 U SALVATION ARMY 3180 ESTEY AVE NAPLES, FL 34104-0 00385920009 U SCHAFER, AMY KATHRYN 2057 HOLIDAY LANE NAPLES, FL 34104-0 24980760006 U SEXTON, DANIEL N MARK L WODLINGER 1390 BARBIZON LN NAPLES, FL 34104--4281 24880400000 U SHIELS, JOANN MARIAN SCOTT 2215 SUNSET LN NAPLES, FL 34104— 1227 75610120004 U SIMOVIC, MILOS 2140 HOLIDAY LN NAPLES, FL 34104-0 24981840006 U SMITH FAMILY PROPERTY LLC PO BOX 2312 WINCHESTER, VA 22604-0 24880560005 U STAFFIERI, APRIL D 1897 HARBOR LANE NAPLES, FL 34104— 4268 24982480009 U STANTON, RILEY PATRICK 1980 HOLIDAY LANE NAPLES, FL 34104-0 24981600000 U STEINER, TIMOTHY 10267 BOCA CIR NAPLES, FL 34109-0 00386600001 U STEINER, TIMOTHY 10267 BOCA CIR NAPLES, FL 34109-0 75610400009 U STRICKLER, JEFFREY D 1260 BARBIZON LN NAPLES, FL 34104-4229 24880640006 U STUCKEY. DEBORAH F 1865 HARBOR LANE NAPLES, FL 34104- 0 24982560000 U TAGERT, KATE EDWARD J WHITFORD 12 WEST WALNUT ST ALEXANDRIA, VA 22301-0 24982280005 U TERRA AQUA LLC 7695 SANTA CRUZ CT NAPLES, FL 34109-0 00386240005 U TERRA AQUA LLC 7695 SANTA CRUZ CT NAPLES, FL 34109-0 00386280104 U THRELKELD JOSEPH A KATHLEEN L KITCHELL 2123 HOLIDAY LANE NAPLES, FL 34112-0 24980880009 U UHLICH, CHAD M 2227 SUNSET LANE NAPLES, FL 34104-0 75610160006 U VICTORIA WATTS REV TRUST 2048 HARBOR LANE NAPLES, FL 34104-0 24930240000 U VILLA, BARBARA M JAVIER VALINO GONZALEZ 1995 HOLIDAY LN NAPLES, FL 34104-0 24980640003 U VIOLA FAMILY TRUST 117 WEST ST NAPLES, FL 34108--0 00386761209 U VIOLA FAMILY TRUST 117 WEST ST NAPLES, FL 34108-0 24930480006 U WAGNER, VICKIE L B 5760 AUTUMN OAKS LN NAPLES, FL 34119-1124 24881040003 U WEIR, ADAM J & SUSAN G 1923 HOLIDAY LN NAPLES, FL 34104-4222 24980520000 U WEIR, AIDEN J VANESSA S SUSI WEIR 1303 BROOKSIDE DR NAPLES, FL 34104-0 24881000001 U WESTOVER. CLIFFORD LAWRENCE 1263 BROOKSIDE DR NAPLES, FL 34104- 4201 24880920001 U WILLGING, ROBERT WILLIAM SHEENA WILLGING 1385 BROOKSIDE DR NAPLES, FL 341D4-0 75610040003 U WILLGING, ROBERT WILLIAM SHEENA WILLGING 1385 BROOKSIDE DR NAPLES, FL 34104-4203 00386520000 U WORKINGER, CICELY SAGE 2048 HOLIDAY LN NAPLES, FL 34104— 4225 249816800D4 U YOUNG, CIARA 1243 BROOKSIDE DR NAPLES, FL 34104-0 24880880002 U ZALIMOV, DANIEL & JULIE 1323 BARBIZON LN NAPLES, FL 34104- 4282 24880280000 U ZAMBONI, JOSEPH W & MARY J 1940 HOLIDAY LN NAPLES. FL 34104-0 24981520009 U ZANGARI, FRANK M 2096 HOLIDAY LN NAPLES, FL 34104-4225 24981760005 U ZAPPE, ROGER NORMA IRENE ECHEANDIA 2015 HOLIDAY LANE NAPLES, FL 34104-0 24980680005 U OPH HOTEL LP 370-70 UNIVERSITY AVE TORONTO M5J 2M4 CANADA 11782500040 F OPH RESTAURANT LTE 370-70 UNIVERSITY AVE TORONTO M5J 2M4 CANADA 11782500066 F LE CENTRE OFF FIFTH LAND CONDOMINIUM 12490040008 'Per Sunbiz, mailed to 1785 5th Ave S. Naples, FL 34102 Naples Brookside Homeowners Association, 2000 Harbor Lane Naples, FL 34104 Property Owner List - 500 ft - NIM No. 2 FINAL 4861-8974-9286 v.1 DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT Brookside Marina Zoning Application (Submerged Lands) (Davis Boulevard, Naples, Florida) September 23, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 (previously paid) i I9TMaj, Siudyq Review Fee _ e r, cnn nn TIS (Minor Study) Review Fee = SO. 00 Prepared by: JMB TRANSPORTATION ENOINEERINS, INC. 471 1 7TH AVENUE SW NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTH❑RIZATI❑N NO. 27830 (PROJECT NO. 200 1 1 6 ) JAMES 1DocuSigned by: �,�����'�A NES Ale, _ + E519D679D23E47F . i rAT - °P S N4 05 °'� HEG_ DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D TABLE OF CONTENTS Conclusions 2 Methodology 2 Scope of Project 3 Table A - Proposed Development 3 Figure 1 - Project Location & E+C Road Classification 3.1 Project Generated Traffic 4 Table B - Net New Trips Generated 4 Table 1 - Proposed Land Use Trip Generation Computations 4.1 Existing + Committed Road Network 5 Project Traffic Distribution 5 Area of Significant Impact 5 Figure 2 - Project Traffic Distribution 5.1 Table 2 - Area of Impact/Road Classification 5.2 2021 tbru 2024 Project Build -out Traffic Conditions 6 Table 3 - 2021 & 2024 Link Volumes 6.1 Table 4 - 2024 Link Volumes/Capacity Analysis 6.2 DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D Conclusions The Applicant is proposing to rezone the submerged lands of Brookside Marina in order to increase the number of wet slips from 39 to 112 wet slips. Based upon the findings of this report, it was determined that the proposed rezoning will not have a negative impact upon the surrounding road network. It was verified that all roadways, within the project's area of impact, currently have a surplus of capacity and can accommodate the additional site -generated traffic associated with the net increase of 73 wet slips for Brookside Marina. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Site Access Related Improvements The site currently has one (1) full access on Davis Boulevard, which will remain intact. Any site access improvements that may be required will be coordinated with the applicable governmental entity, which in this case is the Florida Department of Transportation. Methodology On January 31, 2020, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee will be paid at the time of submitting the zoning amendment application. Note, the TIS reflects changes from the established methodology as follows: For determining site -generated trips, the ITE Trip Generation Manual, I Ith Edition was used vs. the 10th Edition. 2. The TIS is based upon rezoning the project's submerged lands to increase the number of wet slips. All other land use entitlements will remain the same. 3. The 2022 Collier County AUIR report was used vs. earlier versions. 4. The project now generates less than 50 new peak hour trips and therefore is a "small- scale" study vs. a minor study. 2 DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D Scope of Project Brookside Marina is an existing and on -going marina/commercial enterprise, consisting of both uplands and submerged lands, located at 1949, 2015 & 2025 Davis Boulevard within Collier County, Florida. The property was previously developed with commercial/retail, restaurant and marina -related land uses. The various upland uses were established and will remain unchanged, except for the proposed increase in wet slips for the marina use. It should be noted that at its peak, the marina had a total of 97 dry slips installed on the uplands and a total of 137 wet slips were installed in the submerged lands. However, many of the wet slips were demolished/removed in 2013. Today, the marina's current wet slip count is 39, and its current dry slip count is zero (0). Vehicular ingress/egress for Brookside Marina was previously established via one (1) full median opening on Davis Boulevard, which will remain intact. The Applicant is rezoning the northern portion (submerged lands) in order to increase the number of marina wet slips from. 39 wet slips to 112 wet slips. All other land use entitlements will remain the same. Table A Existinx vs. Proposed Land Use Existing Proposed Land Uses Size/Capacity Size/Capacity Net Difference Marina -Related Uses 39 Wet Slips 112 Wet Slips + 73 Wet Slips 0 Dry Slips 0 Dry Slips + 0 Dry Slips DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D v lOf o ■ I C I I I a I I Longboat Drive I Clipper Way Mercantile Avenue Outrigger Lane o a I F ixpmann Blvd I Progress o ue 1r I I Horseshoe Or N. I 3 o a m Domestic ,9y4 nue m 1 1 ` Horseshoe Dr S. O N m ' o I Enterprise Ave Enterprise AN Lnue — NORTH (ifI E N.T.S.Na Airport Exchange Av nue s c c �y 1 v u .°� Propspect Ave Vi Radio Road Naples Airport I Ave I Davis Boulevard ` Glades Blvd y 41 E LEGEND 6—LANE ARTERIAL 4—LANE ARTERIAL/COLLECTOR ------ 2—LANE ARTERIAL 2—LANE COLLECTOR/LOCAL RAIL ROAD I aMTRANSPQRTATI©N 1ENOINEERIN0, INC. Brookside Marina August 24, 2021 v 0 a: N O t N T m° I Harrison Rdm Taca E U1 7 C O v o o_ Project Location & Roadway Classification FIGURE 1 3.1 DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 1 lt' Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code Marina (LUC 420) was most appropriate in estimating the existing and the proposed marina - generated trips. In order to determine the project's net new traffic, the estimated trips for the existing land use were subtracted from the estimated total trips for the proposed land use. That is, Proposed Development Trips less Existing Development Trips = Net New Trips Table 1 provides a detail of the estimated total trips for the existing land use and for the proposed land use. Table B provides a summary of the results from Table 1. Table B Net New Trips Generated (Proposed Trips Less Existing Trips) Daily AM Peak Hour PM Peak Hour Land Use (ADT) (vph) (vph) Existing Marina 94 3 8 (39 Wet Slips) Proposed Marina 270 8 24 (112 Wet Slips) Net New Trips 176 5 16 The report concludes that the project will generate less than 50 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "less than 50 trips", which is defined as a small-scale study. 4 DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D EXISTING LAND USE Land Use Code Land Use Description 420 Marina TABLE 1 TRIP GENERATION COMPUTATIONS Brookside Marina Build Schedule 39 Berths Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 420 Daily Traffic (ADT) = T= 2.41(X) = 94 ADT AM Peak Hour (vph) = T- 0.07(X) = 3 vph 1 / 2 vph 33% Enter/ 67% Exit = PM Peak Hour (vph) = T= 0.21(X) = 8 vph 5 / 3 vph 60% Enter/ 40% Exit = PROPOSED LAND USE Land Use Code Land Use Description 420 Marina Build Schedule 112 Berths Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 420 Daily Traffic (ADT) = T= 2.41(X) = 270 ADT AM Peak Hour (vph) = T= 0.07(X) = 8 vph 3 / 5 vph 33% Enter/ 67% Exit = PM Peak Hour (vph) = T= 0.21(X) = 24 vph 14 / 10 vph 60% Enter/ 40% Exit = PROPOSED LAND USE TOTALS Daily Traffic (ADT) = 176 ADT AM Peak Hour (vph) = 5 vph 2 / 3 vph PM Peak Hour (vph) = 16 vph 9 / 7 vph DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C roadways. Table 2 also depicts the nearby roadways respective minimum level of service performance standards and capacity. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area, population densities, competing businesses, as well as growth trends for the surrounding areas. Table 2 and Figure 2 provide a detail of the traffic distributions to the adjacent road network as a percentage of trips generated. Table 2 and Figure 3 depict the project traffic assignments by volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project's net new traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D 0 co G a I I I aI I Longboat Drive Clipper Wax Mercantile Avenue ' 4utri ger Lane I a igay�mann B4vd I O I Horseshoe Dr N. Ip a I Horseshoe Or S.a m Enter rise Ave e NORTH v�No Airport e E I N.T.S. c°> IPropspect Ave 1 — —ad Radio R — — — / \ Naples Airport I „ Estey Ave 3 0 �g m � 30% 4-LolLwDavis Soulevarc o N �3 �GS A� a- m d LEGEND Cam► PROJECT TRAFFIC DISTRIBUTION BY PERCENT IJMTRANSPORTATICN ENGINEERING, INC. Brookside Marina 57. Glades I Harrison Rda_r a E 0 v� ? o v � L a v in Project -Generated I FIGURE 2 Traffic Distribution ust 24, 2021 J•1 Project Traffic Peak Direction (vphpd) = Project Traffic Non -Peak Direction (vph) Airport Pulling Rd 5.0 Radio to Davis Blvd Bayshore Drive 7.0 Thomasson to U.S. 41 Davis Boulevard 12.a Tamiami Trail to Site 12.b Site to Airport Rd 13.0 Airport Rd to Lakewood Goodlette-Frank Rd 26.0 U.S. 41 to Golden Gate Pkwy E. Tamiarni Trail W, of Davis Blvd 91.0 Davis Blvd to Airport Rd V7 N TABLE 2 PROJECT'S AREA OF IMPACT 9 Entering 7 Exiting LOS Service Project Project o PK Dir. PK Direction Project Pk Hr Project Pk Hr Project Road Serv. Vol. Volume Traffic PK Dir Pk Hr Non-PK Dir Non -Ph Impact Percent Significant Class LOS v h d % Dist. v( phpd) Pk Dir (vph) DiR Standard Impact Impact 6D E 2800 35% 3 s 2 N 2% 0.11 % NO 4D D 1800 5% 0 N 0 S 2% 0.03% NO 6D E 2700 30.0% 3 E 2 W 2% 0.10% NO 6D E 2700 70.0% 6 w 5 E 2% 0.23% NO 4D D 2000 15,0% 1 w 1 E 2% 0.07% NO 6D E 2700 5.0% 0 S 0 N 3% 0.02% NO 6D E 2900 30% 3 E 2 w 3% 0.09% NO 6D E 2900 20% 2 E 1 w 3% 0.06% NO DocuSign Envelope ID: ECE84E61-0326-44D2-8099-C37D91BB250D 2022 thru 2024 Project Build -out Traffic Conditions In order to establish 2022 thru 2024 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction and annual growth rates were derived from the 2022 Collier County AUIR Report. Using the annual growth rate, the 2024 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2022 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips "+" 2024 background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2024 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2022 thru 2024 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. 6 Davis Boulevard TABLE 3 2021 & 2024 ROADWAY LINK VOLUMES Per Vested Trips Methc Per Growth Rate Method 2024 2024 Peak Hour 2021 Growth Peak Hour PK Direction AUIR AUIR Rate PK Direction Trip Background Traffic Pk per Background Bank Per Vested Trips (vohpd) DiR AUIR v( phpo) v h d v! Rhpd) 12.a Tamiami Trail to Site 1410 E 2.00% 1496 46 1456 12.b Site to Airport Rd 1410 E 2.00% 1496 46 1456 13.0 Airport Rd to Lakewood 1460 E 2.00% 1549 2 1462 Davis Boulevard 12.a 12.b 13.0 TABLE 4 2024 ROADWAY LINK VOLUMEXAPACITY ANALYSIS 2021 Peak Hour PK Direction v h d Tamiami Trail to Site 1410 Site to Airport Rd 1410 Airport Rd to Lakewood 1460 2024 2024 2024 2024 Peak Hour Peak Hour Project Project Build -Out Serv. Vol. Build -Out PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour Pk Hr Peak Hour Background Pk Background PK Dir Pk Non-PK Dir Non -Pk PK Dir PK Dir PK Direction LOS v{ phpd) Dir LOS v( phpd) Dir (vph) Dir of phpd) (Vphpd) vlc Ratio G 1496 E C E 2 W 1499 2700 0.56 G 1496 E C 6 W E 1501 2700 0.56 D 1549 E D 1 W E 1550 2000 0.78 2024 Build -Out 0 Peak Hour W W PK Directioi 0 LOS � C C D COASTAL ENGINEERING CONSULTANT INC. CECI Group Services Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com RSF-4 PARCEL BROOKSIDE MARINA LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER (SW '/4) OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2, RUN N89042'44" E ALONG THE SOUTH LINE OF SAID SECTION FOR A DISTANCE OF 662.10 FEET TO AN INTERSECTION OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF MARNICK CORNER, A SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE N00019'57"W 242.84 FEET TO THE NORTHWEST CORNER OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 2, PAGE 454 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE CONTINUE N00019'57"W FOR A DISTANCE OF 427.26 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER (NW '/4) OF THE SOUTHWEST ONE -QUARTER (SW '/4) OF THE SOUTHWEST ONE - QUARTER (SW '/4) OF SAID SECTION 2 AND THE SOUTH LINE OF BROOKSIDE SUBDIVISION UNIT NO. 3 AS RECORDED IN PLAT BOOK 4, PAGE 88 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE N89035'48"E FOR A DISTANCE OF 892.16 FEET TO AN INTERSECTION WITH A LINE TWENTY (20) FEET WEST AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF BROOKSIDE DRIVE; THENCE ALONG SAID LINE S00014'14"E FOR A DISTANCE OF 153.66 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 4903, PAGE 2029 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE S89024'05"W FOR A DISTANCE OF 688.28 FEET; THENCE S00026'09"W FOR A DISTANCE OF 270.96 FEET TO THE NORTHEAST CORNER OF SAID LANDS RECORDED IN OFFICIAL RECORDS BOOK 2, PAGE 454; THENCE ALONG THE NORTH LINE OF SAID LANDS S89030'12"W FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES APPROXIMATELY 193,061 SQUARE FEET OR 4.43 ACRES OF LAND. BEARINGS RELATIVE TO NORTH AMERICAN DATUM OF 1983, FLORIDA EAST ZONE. 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 Phone (239) 643-2324 • Fax (239) 643-1143 1211 North Range Ave., Suite E, Denham Springs, LA 70726 Phone (225) 523-7403 E-mail: info(a)cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 SECTION: 2 0' 5 0' 10 0' TOWNSHIP: 50 S. RANGE- 25 E. SCALE FEET ...................................................... Existing Seawall/Top of Bank Property Boundary Existing Mangroves within property boundary Existing Docks Existing mangrove canopy iiiiiii 79' 75" �,Property Boundary TT"'••'•••" , ,,,,,, -- rr, ri rr/1i77,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,, , 1 ,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,////7T, //„// / „///////// B ,,,,,,,,,,,,,, , .,,,,,,,, ,/,,,, Existing Top of Bank ,,, O Ramp, iiiiiiiiiiiii,i,i/i,,,i iiiiiiiiiiiiii, ii iiiiiiiiiiiiiiiiiiiiiiiiiiii" '%iiiiiiiiiiii :::iiiiiii iiii' Q,,,,,,,,,,,,,,,,,,,,,,,, „ ,,,,,,,,,,,,,,,,,,,/,,,,,, O,,,,,,,,,,,,,,,,,,,,,,, ,,,,� /,,,,,,,,,,,,,,,• /////,,,,,,,,,,,,,,, /////,,,,, L O,,,,,,,,,,ii,,,,,,,,,,,,, N ,, ,,.;��........................ ...............,,i :::iiiiiii' Existing mangrove prop roots (7,044 sf./0.024 cc) with 70% preservation area @ 704 sf./0.002 cc. Rezone Parcel O,,,,,,/,,,,,,,,,,,,,,I J Conditional Use , Application Parcel a ..... . . . . ..... Existina Native Veaetation SCALE.- 7" = 700' Site survey information courtesy of RWA Engineering dated 3-37-77, File #170004.07.00. and Coastal Engineering September 10, 2021 7:59:10 a.m. Consultants dated 6-22-20 File #20. 794-AL TA Drawing: FREEDOM 2MASTER. DWG 7938 Hill Avenue, Fort Myers, Florida 33907 8-30-27 SHEET HWA Office:239-334-6870 Fox:239-334-7870 Brookside Marina Hans Wilson MARINE and ENVIRONMENTAL CONSULTANTS himw \� &Associates COLLIER COUNTY Growth Management Department Development Review Division Environmental Planning Section November 02, 2018 Johanna Shifflette 1938 Hill Avenue Fort Myers, FL 33901 1ZE: Brookside Marina (PL20180002738) Collier County Environmental Planning section has reviewed your request for compliance with the Collier County Manatee Protection Plan (MPP) as it pertains to the Brookside Marina Project located at 2025 Davis Blvd Naples, FL. Project Summary: Per the proposed site plan submitted, the applicant, is proposing to construct 73 new wetslips (6 finger piers, 3 floating docks and an aluminum ramp). Consistency Review: Collier County Land Development Code (LDC) Section 5.05.02.B. states that developments will be reviewed for consistency with the MPP and the following determinations were made. Vegetation Impact: An analysis of shoreline mangrove vegetation was provided by Hans Wilson, and Associates. Based upon the existing and proposed dock site plan, no impacts of the shoreline vegetation are proposed. As a result of the dredging, no seagrasses are present within the marina basin. Overall this gives a "No Marine Impact' result to Marine Habitat under the Marina Siting Criteria of the MPP (pg 79). 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. Depth: The proposal indicated there will be adequate water depth in the immediate vicinity of the project to the marked navigation channel. Current depth of the area is -5 ft MLW. The Brookside Marina basin has been dredged though the issuance of FDEP permit no. 11-0173190-001 to conduct maintenance dredging of marina basin to bring mooring depths to -5 ft. MWL. The MPP states adequate water depths to be greater than -4 ft. MLW (pg 72 of the MPP). A dredging permit has been obtained, which includes all of the marina basin. The dredging was completed on November 24, 2017. An as built survey was conducted by Turrell, Hall & Associates on November 30, 2017 verifying -5 Feet MLW had been reached within the marina basin. Manatee Deaths: Between January 1974 and November 2018, 138 manatees have died associated with watercraft -related injuries in Collier County waters. Eighteen (18) manatees have died within a five -mile radius of the project location from watercraft -related causes. This number represents approximately 9% of all watercraft -related deaths in the county. Therefore, manatee use is not considered to be high. Zoning Division ■ 2800 North Horseshoe Drive • Naples, FL 34104 . 239-252-2400 In summary, the above information results in No Marine Impact, water depth at -5 feet MWL, and Not High manatee use, resulting 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 is 1,732 feet of shoreline, which would equate to 311.7 slips allowed. There are 39 existing wet slips and 25 dry slips. The applicant is proposing 73 new slips for a total of 137 slips, which is under the 311.7 limit (1,732 linear ft /100 x 18 slips). Therefore, it appears the project proposal is consistent with the MPP. However, during final construction plan (Site Development Plan) review, these findings may change based on the information submitted at that time. If you have any questions regarding this matter, please feel free to contact me at (239) 252-2548. Sincerely, Craig Brown Senior Environmental Specialist, Environmental Plan Review Development Review Division. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 . 239-252-2400 Brookside Marina Submerged Lands Rezone (P L20190001540) Native Vegetation Evaluation (9-13-21) The property is primarily submerged lands. The only existing native vegetation on -site is an isolated, small area of mangrove trees rooted in wetlands at the southeast corner of the property. No site plan is required by the County for this rezone application, so no preserve area has been identified. However, if the County determines that a native vegetation preserve area is required under these circumstances, 10 percent of these mangrove wetlands will be so designated, thereby complying with LDC section 3.05.07.13.1. In this regard, please note that mangrove trimming and alteration is exempt from the County's native vegetation preservation requirements pursuant to LDC section 3.05.02.E. Accordingly, trimming and alteration of the existing mangroves will be governed by the State pursuant to the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333, Florida Statutes. Page 1 of 1 00 NPLFs; vGULF _-•-,IaO,�1 ��i••// / � 7 UTILITIES DEPARTMENT 295 RIVERSIDE CIRCLE • NAPLES, FLORIDA 34102 TELEPHONE (239) 213-5051 • UTILITIESFORMS@NAPLESGOV.COM September 7, 2022 Ms. Stephanie Caldwell Greensite Engineering, Inc. 13300-56 South Cleveland Ave #611 Fort Myers, FL 33907 Steph@greensite-eng.com Subject: Potable Water Service Availability for 1949 & 2025 Davis Blvd, Naples, FL 34104 Folio #00386120002, 00386080003, and 00386200003 — submerged parcels Dear Ms. Caldwell: In response to the request for a Letter of Availability for potable water service (domestic and /or irrigation use) for the proposed development received via email on August 31, 2022, this office has reviewed the subject site for available potable water service. Based on the referenced information and review, this office confirms the following: 1. The subject property is located within the City of Naples potable water service area. 2. The City of Naples has adequate treatment plant capacity for the proposed project. 3. The proposed improvements must meet current City of Naples Utilities Standards and must be submitted to the Utilities Department for review and approval. 4. Should the scope of proposed project change to impact City utility services, the project's engineer of record shall remain responsible to contact the City for appropriate reviews and analysis. This letter does not imply or guarantee that adequate potable water distribution main facilities of sufficient size and capacity exist at the property; such utilities as may be needed for new site development shall remain the developer's responsibility to design, permit and construct. Based on the above, this office has no objections to this project subject to appropriate reviews by all utility service providers (including the City of Naples), Collier County, and the Fire District. Should you have any questions or require any additional information or action from this office, please do not hesitate to call this office at (239) 213-5051 or e-mail dmking@naplesgov.com. Page 1 of 2 / 1 Sincerely, Denise King Utilities Permit Coordinator Cc: Bob Middleton, Utilities Director Michelle Baines, P.E., Deputy Utilities Director David Banter, Utilities Inspector Page 2 of 2 30_ LOT 30 AND ROOKSIDE SUBDMSIa�° 12�LOr3lLOT UNI N0.312 32 AND lPUT 4'PAOEBOSaLOT 0�LOT 31 37 LO8 LOT 39 LOTLOT41LOT 42 LOT43 �j 33 LOT 34 LOT 35 l0T 38 LOT 3.,ar, 33 ...Q�a, ,e,aa. '�" w cn,a .ay. .•m.aa..a.,nn I � 'e ��� ro 4 L TRACT WIRNICK CORNER T BOOK 25, PAGE 81) m N 1; N C0 TRACT 2 AAFINK]K CORNER - BOOK 25, PAGE 81) S89°30'12"W 200.00' 89°30'12'E 150.00' F OF BEGINNING,---' EGINNING POINT OF BEGINNING RSF4 PARCEL N C-4 PARCEL N N N 1933 DAVIS LLC PARCEL NO. BWlN2000! N (OA BOOK 2. PAGE 4M) L0 N � O Z SOUTHWEST CORNER \\ (O.R.BOOK 2, PAGE 464)1 OO j//��� NORTH MW OF WAY Z / 11NE of 0AVF8 BOIAEVARD \ / 50' RSF-4 PARCEL APPROXIMATELY 193,061 SQUARE FEET OR 4.43 ACRES N89a24'05"E 267.87' 2025 DAVIS BOULEVARD C-4-GTMUD-MXD PARCEL APPROXIMATELY 137,051 SQUARE FEET OR 3.15 ACRES - NORTHEAST CORNER (O.R.BOO( 2, PAGE 454) 189°30' 12"E 50,00, I------1 SCAU 1'•4O � I 1 (O - I I M �w..00x.r.raee nn, � I I � I 1 W I I -1 1 I I S89°24'05"W 688.28' TERRA AQUA LLC TERRA AQUA LLC PARCEL NO. D03W240D05 PARCEL NO. 00385280104 (O.R. BOOK 4903, PAGE 2029) (O.R. BOOK 4903, PAGE 2029) co X $O z � om C m N89°42'44"E 662.10' 1(1---------- ------ /,, w•:' . DAVIS BOULEVARD (S-858) SKETCH OF DESCRIPTION f JINT OF COMMENCEMENT 100' RIGHT OF WAY NOT A SURVEY .�'•+.. a == p«_ W"TNSHHIP60S000TH.RAANGE25°EAST, PLEASE SEE ATTACHED LEGAL DESCRIPTIONS " PAR COWER COUNTY, FLORIDA WTnO,R ME 90.YwTU"E w,b A Fiwuw HOLIDAY LANE NnRRnQ 1 ANIP �"fi sle4°A'-left a A DAVIS BOULEVARD (SR 84) 1 7v! AERIAL PHOTOGRAPH (REZONING APP PL20190001540) 0�������� DATE: 9/13/21 BROOKSIDE MARINA 9 engineering, inc. FILE: 19002EX04.DWG (239) 438 9498 JOB NO: 19-002 02021 GREENSITE ENGINEERING, INC./ REPRODUCTIONS/MODIFICATIONS PROHIBITED WITHOUT EXPRESS CONSENT MKGREENSITE-ENG.COM SHEET: 1 ZONING: CITY OF NAPLES ------- ZONING: RSE GURRENTUSE: HOTEL ------ -- CURRENT USE SINGLE FAMILY RESIDENTIAL � a N 89- 35' 48" E 892.25' 3 Q K 73 PROPOSED DOCK/SLIPS AS DEPICTED CONSISTENT WITH DEP AND USACOE y w PERMITS �w S ?p 39 EXISTING DOCK/SUPS TYP. ® a u LU _ `�________________________ _ J -__-__._'-`_- � W � _ O N89^24'0YE 271.81' 11 y$ m LL EXISTING EXISTING �• . , T9P.DF SANK ROIL ROANGROVS r: m A b O o N; _-_______________ 5'TYPE--BUFFER ' ® n^ ' i o� Z 1 y 1' `i c ;' w '; b % rc GRAPHICPL SCALE ,., __________ I o I _ 0 20 40 30 a o d Sm CODE PARKING REQUIREMENTS: ,; i 0 socreoonsrew,e.w,o�,P., c sFon,xEv.��eususEs EXISTING BUILDING �� s � Nu ra+cwn,sneo.,swuuxoo�x�Nc cs.swnss �exseo anuuimumoccwnrvcn un » :-sPAcs xazwe,sw,siwrr�cwo rve si Ps voxcx.xrEc anars+ - ', s: +spots vex acx�rex vsservoeAs -- _- _ -_- STING BUILDIN 58V 3014,w 2O0oa PARKING REQUIREMENTS FOR IMPROVEMENTS: N89'30'14"E 150.0]' '�N 89'30'14'E _-.49-93'raonrsuvs +saiz suns nox..n,�soAro��riorvs�EsnsPrsP, P.ss.iPs ,as sP J 5'TYPEABUFFER Y muowmionoosssnsssxsxsoai>s•+sP,.sEncE� sas srn�s ,t.i i i �_i 1 o ex�,ar ew,rs E J/ [rvr. a mrtFs 10'TYPEABUFFERe ^ L — � isror2 son,srv,awrvc 2or Exis,iNassewra<irslwm�n �_. o x Evses�Ece. F CURRENT USE: RETAIL \,\ d u N wsusaaeowas°svncEsw \ — ------ — --- — ZONING: Cd-GTMUD-MXO �\ 2 s[s�socu,[owirxrxE PROVIDED PARKING: U� --��--�--�--�--�--�-�--�--1--�--�_,-------------- n�.uo�Irvrx--l— z p 3 EXISTING p ] BUILDING LEGEND: \ .... sus�scr avwsarveouwnav 0 -10' TYPE D BUFFER z 10' TYPED inc�syscxessaaxr BUFFER 5' TYPE A BUFFER r - eusrrx>xea _..._... _.__ _..._..._..._.. _'..` wnrenwnnwer.xce- - — _ _ egg y��^_ _ _ ___ ___�2¢e� _______ snszo..sxeou I ZONING: N/A DAVIS BOULEVARD (STATE ROAD 94) CURRENT USE: RIGHT-OF-WAY 110o RA�1 ® COLLIER CO COMMENTS SKC 01/OS123 � COLLIER CO COMMENTS SE 11/18121 CONCEPTUAL SITE PLAN FOR REZONING APP RZ-PL201900O1540 greensite DATE: 1/6/2023 BROOKSIDE MARINA engineering, inc. FILE: 19002Z11.DWG (239)43a9495 JOB NO: 19-002 WWW.GREENSITE�ENG.COM SHEET: 1