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HEX Agenda 01/11/2024Collier County Hearing Examiner Page 1 Printed 1/3/2024 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 January 11, 2024 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Ailyn.Padron@CollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. January 2024 Collier County Hearing Examiner Page 2 Printed 1/3/2024 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. VA-PL20180003496 –659 Palm Avenue - Request for an after-the-fact variance from Land Development Code section 4.02.01.A., Table 2.1, to reduce the required rear yard setback from 20 feet to 12.9 feet and to 11.9 feet for a 1-foot roof overhang on the north side to allow for the continued existence of a single-family dwelling located within the Village Residential (VR) Zoning District at 659 Palm Avenue, also known as Lot 3, Block C, Goodland Isles First Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 1 B. Petition No. BDE-PL20230007149 – 9380 Gulf Shore Drive - Request for a 103-foot boat dock extension from the maximum 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code for waterways 100 feet or greater in width to allow a new private multi-family boat docking facility with 12 slips, for vessels of up to 35 feet in length, that will protrude a total of 123 feet into a waterway that is 1,695± feet wide. The subject property is located at 9380 Gulf Shore Drive, also known as the Watermark, a Condominium in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 C. Petition No. BLCD-PL20230011315 – 403 Capri Boulevard - Request for a Boat Lift Canopy Deviation from section 5.03.06.G.2 of the Land Development Code to allow a second boat lift canopy, measuring 13 feet by 12.4 feet for a lot with frontage on a canal pursuant to section 5.03.06.G.3 of the LDC. The subject property is located at 403 Capri Boulevard, also known as Lot 594, Isles of Capri, No. 3, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 1 D. Petition No. PL20230014103 - VA - 9100 Vanderbilt Drive – Request for a variance from Land Development Code Section 4.02.01 A, Table 2.1, to reduce the required front setback from 25 feet to 23.33 feet on the south property line for the proposed single-family residence and accessory pool to be located at Lot 23, Block 46, Unit No. 6, Naples Park, also known as 9100 Vanderbilt Drive, Naples, FL 34108 in Section 33, Township 48 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 2 E. Petition No. PDI-PL20230013897 - 8927 Founders Square DR. - Request for an insubstantial change to Ordinance No. 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section I, Mixed-Use Development Standards, by reducing the minimum floor area for principal structures from 1,000 square feet to 700 square feet. The subject PUD is located southeast of the intersection of Immokalee Road and Collier Boulevard in Section 26, Township 48 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 3 4. Other Business 5. Public Comments January 2024 Collier County Hearing Examiner Page 3 Printed 1/3/2024 6. Adjourn 01/11/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 27574 Item Summary: Petition No. VA-PL20180003496 –659 Palm Avenue - Request for an after-the-fact variance from Land Development Code section 4.02.01.A., Table 2.1, to reduce the required rear yard setback from 20 feet to 12.9 feet and to 11.9 feet for a 1-foot roof overhang on the north side to allow for the continued existence of a single-family dwelling located within the Village Residential (VR) Zoning District at 659 Palm Avenue, also known as Lot 3, Block C, Goodland Isles First Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 1 Meeting Date: 01/11/2024 Prepared by: Title: Planner – Zoning Name: John Kelly 12/20/2023 5:16 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 12/20/2023 5:16 PM Approved By: Review: Growth Management Community Development Department David Merino GMD Approver Skipped 12/28/2023 12:34 PM Operations & Regulatory Management Michael Stark Review Item Completed 01/02/2024 11:48 AM Zoning Diane Lynch Review Item Skipped 01/02/2024 2:45 PM Zoning Diane Lynch Review Item Skipped 01/02/2024 2:46 PM Hearing Examiner (GMD Approvers) David Merino Review Item Completed 01/03/2024 2:55 PM Zoning Mike Bosi Division Director Completed 01/03/2024 3:37 PM Hearing Examiner Andrew Dickman Meeting Pending 01/11/2024 9:00 AM 3.A Packet Pg. 4 VA-PL20180003496; 659 Palm Avenue - Goodland Page 1 of 10 12/08/2023 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: JANUARY 11, 2023 SUBJECT: PETITION VA-PL20180003496; 659 PALM AVENUE, GOODLAND _____________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Double M Investments, LLC Christopher O. Scott 7632 Rozzini Ln. Peninsula Engineering Naples, FL 34114 2600 Golden Gate Pkwy. Naples, FL 34105 REQUESTED ACTION: To have the Collier County Hearing Examiner consider an after-the-fact variance from Land Development Code section 4.02.01.A., Table 2.1, to reduce the required rear yard setback from 20 feet to 12.9 feet and to 11.9 feet for a 1-foot roof overhang on the north side to allow for the continued existence of a single - family dwelling. GEOGRAPHIC LOCATION: The subject property comprises 0.1 acres located at 659 Palm Avenue in Goodland, also known as Lot 3, Block C, Goodland Isles First Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. (See location map below) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Variance to allow for the continued existence of a 288-square-foot single-family dwelling constructed per Building Permit No. PRBD20171254064, issued on June 18, 2018. The required spot survey was submitted upon construction completion, revealing a 0.1-foot encroachment into a 6-foot drainage easement parallel to the east side yard. The most current Map of Boundary Survey, dated September 13, 2023, reveals the subject structure encroaches 7.1 feet into the waterfront rear yard and 0.3 feet into a 6-foot drainage easement on the east side lot line. A structural elevation depicts a 1-foot roof overhang; therefore, the variance must be expanded to allow for the additional encroachment. An Easement Use Agreement (EUA), PL20220005415, was approved by the Board of County Commissioners on December 12, 2023. 3.A.a Packet Pg. 5 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Page 2 of 10 VA-PL20180003496; 659 Palm Avenue - Goodland 12/08/2023 3.A.aPacket Pg. 6Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) VA-PL20180003496; 659 Palm Avenue - Goodland Page 3 of 10 12/08/2023 Extracted from Map of Boundary Survey See Attachment A for Full Survey 3.A.a Packet Pg. 7 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) VA-PL20180003496; 659 Palm Avenue - Goodland Page 4 of 10 12/08/2023 SURROUNDING LAND USE AND ZONING: North: Canal, then single-family residential within a Village Residential Zoning District located within the Goodland Zoning Overlay (VR-GZO) East: Single-family residential within a Village Residential Zoning District located within the Goodland Zoning Overlay (VR-GZO) South: Palm Avenue (Right-of-Way), then single-family residential within a Village Residential Zoning District located within the Goodland Zoning Overlay (VR-GZO) West: Single-family residential within a Village Residential Zoning District located within the Goodland Zoning Overlay (VR-GZO) Collier County GIS 3.A.a Packet Pg. 8 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) VA-PL20180003496; 659 Palm Avenue - Goodland Page 5 of 10 12/08/2023 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located within the Urban -– Coastal Fringe Subdistrict of the Urban Mixed-Use District and is also located within the Coastal High Hazard Area on the County’s Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. The existing single-family use is consistent with the FLUM of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a.Are there special conditions and circumstances existing that are peculiar to the location, size, and characteristics of the land, structure, or building involved? The minimum lot size for a single-family lot within the GZO is 4,275 square feet with a minimum lot width of 45 feet. The existing lot’s platted dimensions are 45’x95’ (4,275 square feet); however, the survey measured width of the lot is only 44.81’ along the street frontage, resulting in a lot size of 4,266.4 square feet, making the lot slightly non-conforming. Additionally, the existing lot has a 6- foot-wide Drainage Easement along the eastern side lot line and two wood utility poles on the property's southwest corner. Because this portion of Goodland does not have public wastewater (sewer) service, the lot requires a private septic system and drain field. The existing septic drainage field also limits where improvements can be made on the subject property. Yes, a 6-foot drainage easement is parallel to the western property line. Zoning staff finds the 2.33- inch lot width argument to be de minimis; however, staff is unable to explain the discrepancy between platted and measured values. The LDC provides the following applicable definitions: Nonconforming lot of record: Any lawful lot or parcel which was recorded, or for which an agreement for deed or deed was recorded prior to October 14, 1974, if within the former Coastal Area Planning District, and January 5, 1982, if within the former Immokalee Area Planning District, which lot or parcel does not meet the minimum width or lot area requirements as a result of the passage of this Code shall be considered as a legal nonconforming lot and shall be eligible for the issuance of a building permit provided all the other requi rements of this Code and the Florida Statutes are met. This definition also includes any lot or parcel made nonconforming by a rezoning initiated by Collier County to implement the Zoning Reevaluation Ordinance Number 90-23 (1990). For nonconforming lots of record within the RMF-6 zoning district, see LDC section 9.03.03 A. Lot of record: A lot of record is (1) a lot that is part of a subdivision recorded in the public records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water under common ownership which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been so recorded in the public records of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the least fractional unit of land or water under common ownership which has limited fixed boundaries, for which an agreement for deed or deed was recorded prior to October 14, 1974, if within the former Coastal Area Planning District, and January 5, 1982, if within the former 3.A.a Packet Pg. 9 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) VA-PL20180003496; 659 Palm Avenue - Goodland Page 6 of 10 12/08/2023 Immokalee Area Planning District. Lot measurement, width: The width of a lot shall be considered to be the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines where they intersect with the street line and the points of the side lot lines where they intersect the rear property line, (see Figure 9). The width between the side lot lines at their foremost points in front shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of a cul-de-sac when the 80 percent requirement shall not apply. The minimum lot width on a cul-de-sac shall be figured by drawing a straight line at the chord and then drawing a straight line parallel to it at the required setback distance for that particular zoning district. That newly established line shall meet the minimum lot width of that district (see Figure 10). Figure 9 Figure 10 b.Are there special conditions and circumstances that do not result from the applicant's action, such as pre-existing conditions relative to the property, which are the subject of the Variance request? The small lot size, drainage easement, and utility poles are existing site conditions that limit the available building footprint and are not the result of the applicant's actions. No, staff does not agree with the findings of the applicant’s agent, given that planning staff reviewing the initial Administrative Variance request documented that the original site plan for the offending structure depicted a 20-foot rear yard setback; absent said site plan, the building permit would not have been approved. Staff finds that the placement of the structure is a result of the actions of the applicant. c.Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? A literal interpretation of the LDC would require the existing structure and associated site improvements to be relocated on the lot, creating an undue hardship on the applicant. Yes, staff agrees that a literal interpretation of this zoning code presents practical difficulties for the 3.A.a Packet Pg. 10 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) VA-PL20180003496; 659 Palm Avenue - Goodland Page 7 of 10 12/08/2023 property owner, given the only alternative is to relocate the offending structure. d.Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building, or structure and promote health, safety, and welfare standards? The variance is the minimum variance needed to allow the existing structure to remain at its current location. Yes, staff concurs that the requested variance is the minimum needed to allow the existing structure to remain at its present location. e.Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The requested variance will allow the existing structure to remain at 12.9’ from the rear property line. The location of the structure in relation to the rear lot line is consistent with the existing development pattern in the area, including structures on the lots abutting the subject property. No; by definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. As such, other properties facing similar hardships would be entitled to make a similar request and would be conferred equal consideration on a case-by-case basis. f.Will granting the Variance be in harmony with this Land Development Code's general intent and purpose and not be injurious to the neighborhood or otherwise detrimental to the public welfare? The requested variance allows the existing structure to remain at its current location. The reduced rear yard setback is in harmony with existing structures on adjacent lots and is consistent with the existing development pattern in the immediate area. The granting of the variance will allow for the property to maintain similar setbacks to other structures in the VR/GZO zoning designation and will not be injurious to the neighborhood or detrimental to the public welfare. Yes, primarily because staff has determined that the applicant owns the adjoining three lots to the west. It is further noted that the applicant’s agent also argues that based upon his GIS analysis, 32 of the 55 waterfront parcels (58%) on Palm Avenue and Coconut Avenue have structures that appear to encroach into the 20’ rear yard setback. Zoning staff believes that said analysis is somewhat flawed as accessory structures have a reduced rear yard setback, and there is no distinction between principal and accessory structures. Staff also notes that the provided aerial appears to be from the Property 3.A.a Packet Pg. 11 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) VA-PL20180003496; 659 Palm Avenue - Goodland Page 8 of 10 12/08/2023 Appraiser’s Office and that the property lines depicted are often askew. Project Narrative and Evaluation Criteria (Attachment H) g.Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.? The existing canal at the rear of the property allows for an additional 50’ of building separation than standard back-to-back lots, ameliorating any potential impact from a reduced rear yard setback. Additionally, the structure has existed in its current location since 2018 without objections from adjacent property owners. Yes, the subject property has a waterfront rear yard; therefore, the rear yard does not adjoin another. Staff does, however, need to note that two Code Enforcement cases have been triggered by the subject structure, both resulting from anonymous letters to the County. h.Will granting the Variance be consistent with the Growth Management Plan? Granting of the variance will be consistent with the Collier County Growth Management Plan (GMP). The variance request does not affect or interfere with the density standards set forth in the GMP. The GMP is silent to the issuance of a variance application; therefore, the granting of the variance will not be inconsistent with the GMP. Yes, approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. 3.A.a Packet Pg. 12 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) VA-PL20180003496; 659 Palm Avenue - Goodland Page 9 of 10 12/08/2023 SUMMARY FINDINGS: Staff is constrained from recommending approval of the subject variance request as the initial placement of the offending single-family residence, also described herein as a tiny home, was without the benefit of a building permit. Subsequently, County records indicate an anonymous complaint, CESD20170011238, initiated a Code Enforcement case. A formal Notice of Violation and Order to Correct was issued on August 3, 2017; of note is the placement of a shed, which is believed to be the 288-square-foot tiny home without a building permit. A building permit was applied for on December 28, 2017, and issued on June 13, 2018. Before the issuance of the permit, the Code Enforcement case was heard by the Code Enforcement Board on June 1, 2018; the property owner was found guilty , and a $100 per day fine was set to commence on September 21, 2018, should the violation not be abated prior (see Attachment F). Sometime during the Inspection phase of the building permit, a Survey was provided, which caused the property owner to apply for an Administrative Variance, AVA-PL20180002825, on or about September 14, 2018; said AVA was for a 0.1-foot encroachment into the west side yard. The AVA was summarily denied as the reviewing planner established that the side yard encroachment was into a drainage easement and not a required yard; additionally, the planner determined that there was a significant encroachment into the waterfront rear yard despite the approved site plan depicting a 20-foot rear yard setback. The property owner proceeded to apply for the subject Variance on or about December 11, 2018. Before completion of the first review, an anonymous letter was received alleging building permit issues and a person residing within an RV at the subject property. Staff proceeded to provide the letter to the Code Enforcement Department for investigation; case No. CETU20190000056 was assigned. This anonymous letter could also be construed as being a letter of objection to this project; see Attachment G. This Code Case was closed as Code Enforcement did not observe any illegal activity, and there was already an active case for the unpermitted structure. Concerning zoning, LDC Section 4.02.22, Design Standards for the GZO District, provides a minimum lot area of 4,275 square feet and a minimum lot width of 45 feet for single-family or mobile home lots. The subject property is within a platted community, Goodland Isles First Addition, PB8_PG1, and the platted dimensions of the subject property are 45 feet by 95 feet. LDC Section 4.02.01, Table 2, Building Dimensions and Standards, provides a maximum building height of 30 feet and no minimum floor area for single-family and mobile home lots within the VR zoning district. Minimum Yard Requirements, as per LDC Section 4.02.01, Table 2.1, for single-family and mobile home lots within the VR zoning district are Front Yard – 20 feet, Non-waterfront Side Yards – 5 feet, the Rear Yard for principal structures is 20 feet, and listed accessory structures have a reduced rear yard requirement of 10 feet. As per the most current Map of Boundary Survey, the subject single-family residence has a Front Yard of 58.2 feet, an east Side Yard of 27.3 feet, a west Side Yard of 5.7 feet, and a Rear Yard (Principal) of 12.9 feet. As per a structural drawing in Attachment B, a 1-foot roof overhang will extend to 11.9 feet. The 0.3-foot encroachment into the 6-foot drainage easement on the west side of the property is being addressed by an Easement Use Agreement. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. The EAC did not hear this petition since the subject variance doesn’t impact any preserve area. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at present. PUBLIC NOTICE: Notice Requirements for Variance petitions are contained within LDC Section 10.03.06.F.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property on or about 3.A.a Packet Pg. 13 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) VA-PL20180003496; 659 Palm Avenue - Goodland Page 10 of 10 12/08/2023 November 9, 2023, as evidenced by an executed Affidavit of Compliance contained within Attachment H. Notice of the Hearing Examiner meeting was provided by newspaper advertisement, mailed notice to owners within 500 feet of the site, and a public notice sign was posted on-site at least 15 days before the hearing. RECOMMENDATION: Should the Hearing Examiner agree with staff’s summary findings, the Hearing Examiner may opt to approve After-the-Fact Variance Petition VA-PL20180003496 to reduce the required rear yard setback from 20 feet to 12.9 feet and to 11.9 feet for a 1 -foot roof overhang on the north side to allow for the continued existence of a single-family dwelling as depicted within Attachments A and B, subject to the following condition of approval: • The petitioner must cause all required inspections to be completed and obtain a Certificate of Occupancy for Building Permit No. PRBD20171254064. Attachments: A. Map of Boundary Survey B. Roof Overhang Detail C. Easement Use Agreement - PL20220005415 D. Goodland Isles First Addition Plat Map, PB8_PG1 E. Building Permit PRBD20171254064 F. AVA-PL20180002825 G. CESD20170011238 H. CETU20190000056 I. Applicant’s Backup - Application, Narrative, Agent Letter, etc. J. Public Hearing Sign Posting 3.A.a Packet Pg. 14 Attachment: Staff Report 12092023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) PALM AVENUE (60' RIGHT-OF-WAY) LOT 3 LOT 2 LOT 1 BLOCK C 6' D.E. (O.R. 6112,PAGE 3895)6' D.E. (O.R. 6112,PAGE 3895)WATERWAY (50' WIDE) CCT WE C T P P P P BOAT LIFT CONC. PAD WOOD WALKWAY WOODEN STAIRS WOODEN PLATFORM/STEPS SEAWALL X X X X X X 6' PLASTIC FENCE ON LOT 3 (END) 6' PLASTIC FENCE ON LOT 3 (END) X X X SHED X X X X X 6' PLASTIC FENCE (END) 11.8 11.8 23.923.8DRIVEWAY (PAVERS) DRIVEWAY (PAVERS) FOUND NAIL & DISK ILLEGIBLE 0.31' N.E.4.07.1 4.1FOUND NAIL & DISK ILLEGIBLE 2-STORYSTRUCTURE659 PALM AVENUERAISED WOOD PLATFORM (CONCRETE UNDERNEATH) COVERED LANAI DRIVEWAY (PAVEMENT) CONCRETE PATIO CONCRETELOT 41-STORY MOBILE HOME657 PALM AVENUEGRAVEL GRAVEL GRASS GRASS 5.7' 5.8' 1.2' 1.2' FOUND NAIL (ILLEGIBLE) (0.59' N.W.) 6' D.E. 6' D.E.CONCRETELOT 51-STORY MOBILE HOME655 PALM AVENUEEDGE OF PAVEMENT EDGE OF PAVEM E N T F.I.P. & CAP LB #6896 0.39' S.E. F.I.P. & CAP LB #6896 F.I.P. & CAP LB #1126 (0.2' N.W.)58.2'58.2'27.3' 27.4' F.C.M. S.E. CORNER LOT 5 (ILLEGIBLE) (0.21' N.W.) L1L2L3 L4OVERHEADPOWER LINEOVERHEADPOWER LINE13.5' TO WATER SIDE FACE OF SEAWALL 13.6' TO WATER SIDE FACE OF SEAWALL 12.9'13.5'13'13.6'LINE TABLE (PLAT) LINE # L1 L2 L3 L4 LENGTH 45.00 95.00 45.00 95.00 BEARING S85°17'17"W N4°42'43"W N85°17'17"E N4°42'43"W LINE TABLE (MEASURED) LINE # L1 L2 L3 L4 LENGTH 44.79 95.02 45.03 94.96 BEARING S84°48'01"W N4°55'26"W N84°52'42"E S4°46'46"E FOUND IRON ROD (NO CAP) (0.31' S.E.) S-P-DBLM-001-LOT3.dwgOFREV.REVISION SHEET #:DRAWING NO.: CLIENT: Vertical Scale: Horizontal Scale: Date: Drawn by: Fieldwork by: Fieldbook/Page: PROJECT NO. TITLE:APPROVED:[Save Date: 9/15/2023 2:44:55 PM] [Saved By: CLopera] [Plot Date: 9/15/2023 2:51:37 PM] [Plotted By: Camilo Lopera] [Original Size: 11x17] [Drawing Path: S:\Goodland\drawing\S-P-DBLM-001-LOT3.dwg]PENINSULA ENGINEERING P-DBLM-001 1 1 MAP OF BOUNDARY SURVEY 09/13/2023 1" = 20' N.T.S. P-023/22, 23, 33 S.D. C.A.C.L. GENERAL NOTES: ·BEARINGS ARE BASED ON THE COMMON LINE BETWEEN LOTS 3 AND 4, BEING NORTH 04°46'46" WEST. ·ELEVATIONS ARE BASED ON NORTH AMERICAN VERTICAL DATUM, 1988, (N.A.V.D.) ·LINES SHOWN OUTSIDE OF THE LAND DESCRIBED ARE FOR REFERENCE USE ONLY AND WERE NOT SURVEYED. ·PROPERTY LIES WITHIN FLOOD ZONE AE9 PER FLOOD INSURANCE RATE MAP COMMUNITY PANEL #12021 C0842H, DATED MAY 16, 2012. LEGEND: D.E. = DRAINAGE EASEMENT EL. & ELEV. = ELEVATION F.P.L. = FLORIDA POWER & LIGHT O.R. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK PG. = PAGE R.O.W. = RIGHT-OF-WAY P = PLAT, M = MEASURED, C = CALCULATED, F = FIELD (S.I.P.)SET 5/8" IRON PIN & CAP STAMPED LB-8479 (F.I.P.) FOUND IRON PIN & CAP STAMPED AS SHOWN (S.C.M.) SET 4" X 4" CONCRETE MONUMENT 24" LONG STAMPED LB-8479 (F.C.M.) FOUND CONCRETE MONUMENT (S.N.D.) SET PK NAIL & DISK STAMPED LB-8479 (F.N.D.) FOUND PK NAIL & DISK STAMPED OF LOT 3, GOODLAND ISLES FIRST ADDITION, PLATBOOK 8, PAGES 1-2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LANCE T MILLER, P.S.M. #LS5627 MAP OF BOUNDARY SURVEY OF LOT 3, GOODLAND ISLES FIRST ADDITION, PLAT BOOK 8, PAGES 1-2, COLLIER COUNTY, FLORIDA. PREPARED FOR:PENINSULA ENGINEERING PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239.403.6700 FAX: 239.261.1797 EMAIL: INFO@PEN-ENG.COM WEBSITE: WWW.PEN-ENG.COM _____________________________________________ LANCE T MILLER PROFESSIONAL SURVEYOR AND MAPPER, #LS5627 SEPTEMBER 13TH, 2023 DATE CERTIFICATE OF AUTHORIZATION #LB- 8479 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR DIGITAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NO OTHER PERSON OR ENTITY MAY RELY UPON THIS EXHIBIT. THIS EXHIBIT IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATE OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. SYMBOL LEGEND: = CLEANOUT = GRATE INLET = GUY ANCHOR = WOOD POWER POLE = CONCRETE POWER POLE = ELECTRIC PANEL = HANDHOLE = LIGHT POLE = ELECTRIC MANHOLE = ELECTRIC METER POLE = ELECTRIC RISER = TRANSFORMER PAD = CABLE RISER = GAS RISER = TELEPHONE RISER = TELEPHONE MANHOLE = WATER BLOW-OFF = FIRE HYDRANT = GATE VALVE = WELL = WATER METER = WATER RISER = MAILBOX = PILING = SIGN HH L E E F C G T T BO W MB P MW 0 SCALE IN FEETSCALE: 1"=30'20 40 3.A.b Packet Pg. 15 Attachment: Attachment A - Map of Boundary Survey (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 659 PALM AVENUE GOODLAND VARIANCE ROOF OVERHANG DETAIL AND PHOTOGRAPH 3.A.c Packet Pg. 16 Attachment: Attachment B - Roof Overhang Detail (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.d Packet Pg. 17 Attachment: Attachment C - Easement Use Agreement - PL20220005415 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.d Packet Pg. 18 Attachment: Attachment C - Easement Use Agreement - PL20220005415 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.d Packet Pg. 19 Attachment: Attachment C - Easement Use Agreement - PL20220005415 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.d Packet Pg. 20 Attachment: Attachment C - Easement Use Agreement - PL20220005415 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.dPacket Pg. 21Attachment: Attachment C - Easement Use Agreement - PL20220005415 (27574 : PL20180003496 VA 659 3.A.dPacket Pg. 22Attachment: Attachment C - Easement Use Agreement - PL20220005415 (27574 : PL20180003496 VA 659 3.A.e Packet Pg. 23 Attachment: Attachment D - Goodland Isles First Addition Plat Map, PB8_PG1 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Growth Management Department Building Permit Resolution Services EXPIRED PERMIT NOTICE Date: September 21, 2019 Contractor: Permit Number: PRBD20171254064 Job Description: TO PERMIT FOR OCCUPANCY A 288 SQ FT TINY HOUSE PURCHASED FINISHED @ SET ELECTRICAL/PLUMBING IN BUT PERMITS AND INSPECTIONS NEEDED - SEPTIC PERMIT ON FILE 659 PALM AVE E. 1 bed / 1 bath (1wc) rm Job Location: 659 Palm AVE, Goodland The Collier County Building Plan Review and Inspection Division routinely reviews all outstanding permits in order to determine their status. During our most recent review, we have found that the above referenced permit has not been actively pursued, and it has been over 180 days since an approved inspection has been received. Florida Building Code states: 105.4 Conditions of the permit. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. *** 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. *** 105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. *** 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. *** 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. Based on the provisions of the Florida Building Code, with no action having taken place on or by October 21, 2019, your permit will be set to void for lack of progress or abandonment. In addition, any unpaid applicable fee(s) associated with your permit will result in your license being placed on hold if not paid by October 21, 2019. Currently there is an outstanding balance of $0.00. It is considered a willful code violation if the permit is not actively pursued to completion. As such, any permit status that expired or void may receive further action through Code Enforcement and/or Contractors Licensing to resolve the permit to completion. Contact Building Permit Resolution Services section at BPRS@colliercountyfl.gov and reference this letter. Sincerely, Jonathan Walsh, P.E. Chief Building Official Collier County Building Plan Review and Inspection Growth Management Department 2800 North Horseshoe Drive, Naples, Florida 34104 3.A.f Packet Pg. 24 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRBD2017125406401 PERMIT TYPE: BD ISSUED:BY:APPLIED DATE:12-28-17 APPROVAL DATE: 06-11-18 MASTER #:COA: PRBD20171254064 JOB ADDRESS:659 PALM AVE JOB DESCRIPTION: TO PERMIT FOR OCCUPANCY A 288 SQ FT TINY HOUSE PURCHASED FINISHED @ SET ELECTRICAL/PLUMBING IN BUT PERMITS AND INSPECTIONS NEEDED - SEPTIC PERMIT ON FILE 659 PALM AVE E. 1 bed / 1 bath (1wc) rm JOB PHONE: SUBDIVISION #:BLOCK:LOT: FLOOD MAP:ZONE:ELEVATION: FOLIO #: 46420360009 SECTION-TOWNSHIP-RANGE: 18-52-27 OWNER INFORMATION:CONTRACTOR INFORMATION: MCGRATH, CARYN MARY P O BOX 1985 <NO STREET ADDRESS> MARCO ISLAND, FL 34146- CERTIFICATE #::PHONE: FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: $27,089.28 TOTAL RES SQFT: 288 TOTAL COMM SQFT: 0 SETBACKS FRONT: 20 REAR: 20'LEFT: 5 RIGHT: 5 SEWER: Septic WATER: Existing CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH 3.A.f Packet Pg. 25 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 3.A.f Packet Pg. 26 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.f Packet Pg. 27 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.f Packet Pg. 28 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.f Packet Pg. 29 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.f Packet Pg. 30 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.f Packet Pg. 31 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.f Packet Pg. 32 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.f Packet Pg. 33 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.f Packet Pg. 34 Attachment: Attachment E - Building Permit PRBD20171254064 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.g Packet Pg. 35 Attachment: Attachment F - AVA-PL20180002825, Rejection (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.g Packet Pg. 36 Attachment: Attachment F - AVA-PL20180002825, Rejection (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Report Title: Date: Code Case Details 12/11/2023 3:17:05 PM Case Number:CESD20170011238 Case Information CESD20170011238Case Number: Case Type: Priority: Site Development Normal Inspector: Jurisdiction: Origin: Donald.Joseph Collier County Code Enforcement Elected Official Detail Description:*AIMS* CODE6549 Complaint of Permanent pad and travel trailer added to lot without permits to include new septic installed without permits as well. Location Comments:659 Palm Ave West.,Naples, FL LienedStatus: Date & Time Entered: Entered By: 7/3/2017 8:39:00 AM christopherambach Case Disposition:Hearing Address 659 Palm AVE, Goodland Property 46420360009 Address Location Historic Owner MCGRATH, CARYN MARY P O BOX 1985 Property Owner DOUBLE M INVESTMENTS LLC Contacts 1Business Management & Budget Office 3.A.h Packet Pg. 37 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Investigations Desc Assigned Required Completed Outcome Comments Verify Complainant Donald.Josep h 7/3/2017 7/3/2017 Complete Initial Inspection JonathanMuss e 7/3/2017 7/3/2017 Incomplete 7-3-17 - Conducted research on the property and found an active permit# PRBD2014616253 for a "new construction single family residence 1200sq ft" - the current status on the permit is "inspections commenced" permit is valid until October of 2017 - On site - and did not see a travel trailer - photos taken - will forward the case to the area Investigator Gianonne CE Case Research JonathanMuss e 7/3/2017 7/3/2017 Complete 7-3-17 - Attempted to get a contact number for the property owner Mrs. McGrath - there was no phone number listed on 411.com - did find another address which is possibly Mrs. McGrath's residence located at 7632 Rozzini LN, Naples, FL - Also didn't mention on the initial inspection activity - I also observed a shed and deck on this unimproved lot - no active permits found. Initial Inspection Follow-up JonathanMuss e 7/6/2017 7/18/2017 Incomplete 7-17-17 - Completed the determination packet to get reviewed by the building official Jonathan Walsh - will continue to monitor Initial Inspection Follow-up JonathanMuss e 7/31/2017 7/31/2017 Incomplete 7-31-17 - Received the determination from Mr. Walsh stating that permit are required for the dock, lift, shed - he recommends that I check to see if there was a mobile home that was removed that could explain the power pole - property appraisers is currently down and unable to check previous aerial views Initial Inspection Follow-up JonathanMuss e 8/1/2017 8/2/2017 Violation(s) Found 8-1-17 - Conducted research on the property and observed that a trailer was removed between 2006 and 2007 - demolition permit was not obtained - will complete the notice of violation and attempt personal service Record Violations JonathanMuss e 8/2/2017 8/2/2017 Complete Attach Picture(s)JonathanMuss e 8/2/2017 8/2/2017 Complete Generate Notice of Violation JonathanMuss e 8/2/2017 8/2/2017 Complete Personal Service Attempt JonathanMuss e 8/3/2017 8/3/2017 Incomplete 8-3-17 - On site - posted the notice of violaiton at the courthouse and property also will send the notice of violation via 1st class mail and certified mail CE Mailing MagdaGonzal ez 8/3/2017 8/4/2017 Complete Post Courthouse JonathanMuss e 8/3/2017 8/3/2017 Complete Post Property JonathanMuss e 8/3/2017 8/3/2017 Complete 2Business Management & Budget Office 3.A.h Packet Pg. 38 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Phone Call JonathanMuss e 8/4/2017 8/4/2017 Complete 8-4-17 - Received a call from Mrs. McGrath - 231-330-1960 - informing me that she has received the notice of violation on her property - I supplied her with Renald Paul's, operations coordinator, information to assist her with any permitting needs. CE Staff Review Magdagonzal ez 8/4/2017 8/4/2017 Complete Mailed NOV cert/reg Scanned and attached AOP AOM NOV -mg Not Applicable JonathanMuss e 9/2/2017 10/3/2018 Not Required Not Applicable JosephMucha 9/2/2017 4/28/2023 Not Required Re-Inspection JonathanMuss e 9/5/2017 9/5/2017 Non- Compliant 9-5-17 - checked our database and found permit# PRBD20170830971 for the installation of the boat lift - received a call form the property owner last week informing me that they're in the process of obtaining a permit for the boat lift and she's going to find out if she can change the plans of the house permit - she just needs to verify the minimum square footage allowed for a structure to be identified as a primary structure and convert the shed into living space - will continue to monitor Re-Inspection JonathanMuss e 10/5/2017 10/5/2017 Non- Compliant 10-5-17 - checked our database and only saw the permit for the boat lift that currently in "ready for issuance" status - did not see a permit for the accessory structure that's being converted into a primary residence as the property informed that she planned on doing - also checked the status of the 2014 single family house permit is still active and it doesn't appear to have new plans submitted - that permit is active until 10-30-17 - attempted to call the property owner - no answer - left message Re-Inspection JonathanMuss e 10/13/2017 10/13/2017 Non- Compliant 10-13-17 - Received a return call from the property owner - she explained that the recent storm put things on hold but she states that she will submit plans for the structure soon - will continue to monitor Re-Inspection JonathanMuss e 10/31/2017 11/1/2017 Non- Compliant 10-31-17 - Checked our database and observed that the house permit expired - called the property owner and informed her of the expired permit - she stated that she thought she had until November 4th to submit the new plans for the permit - she stated that she has the plans ready and will be submitting it to the permitting department and hopes to get the permit reactivated - will continue to monitor Re-Inspection JonathanMuss e 11/7/2017 11/7/2017 Requires Hearing Prep this case for CEB. JM52 11-7-17 - Violation Remains - completed hearing packet and turned it in to Sup Mucha for review 3Business Management & Budget Office 3.A.h Packet Pg. 39 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments Assign Hearing Type JonathanMuss e 11/7/2017 11/7/2017 Code Enforcemen t Board Hearing CE Supervisor Review (CE)JosephMucha 11/7/2017 11/8/2017 Complete CE Legal Review KerryAdams 11/8/2017 11/8/2017 Schedule for SM/CEB CE Staff Review MagdaGonzal ez 12/14/2017 12/14/2017 Complete -Delievered green card , scanned and attached green card -mg Schedule Case for Hearing DannyBlanco 1/8/2018 1/9/2018 Complete Case scheduled for January 26, 2018 CEB Hearing - DB Generate Hearing Notice (CE)DannyBlanco 1/9/2018 1/9/2018 Complete CE Mailing DannyBlanco 1/11/2018 1/11/2018 Complete NOH sent regular mail, evidence packet sent certified for the January 26, 2018 CEB Hearing - DB Affidavit of Service/Posting BenjaminPlour d 1/12/2018 1/12/2018 Complete Update Picture(s)BenjaminPlour d 1/12/2018 1/12/2018 Complete Hearing Notice Service/Posting BenjaminPlour d 1/12/2018 1/12/2018 Complete Last day to post is January 16, please give AOP to Danny B - DB Affidavit of Service/Posting BenjaminPlour d 1/12/2018 1/12/2018 Complete CE Phone Call DannyBlanco 1/17/2018 1/17/2018 Complete Spoke to Caryn M McGrath (2313301960) regarding the January 26 2018 Notice of Hearing, respondent wanted to request a Continuance, i gave her my email address and told her to send me an email which would be presented to the Management - DB CE Phone Call JonathanMuss e 1/18/2018 1/18/2018 Complete Called Mrs. McGrath - 231-330-1960 - who informed me that he's been in contact with Danny Blanco and will be requesting a continuance on this hearing - also I informed her of the boat lift permit that the status is in "ready for issuance" and that the contractors should pick up the permit and have it inspected as soon as possible since it's set to expire next month - also she has been in contact with the engineers with the tiny house permit and are in the process of making the corrections and re-submitting the plans for the permit CE Staff Review DannyBlanco 1/23/2018 1/23/2018 Complete Per Manager Jeff Letourneau Case No. CESD20170011238 Caryn Mary McGrath has been withdrawn from the January 26, 2018 CEB Hearing. Please see attached email - DB Re-Inspection JonathanMuss e 2/15/2018 2/15/2018 Non- Compliant 2-15-18 - checked our database and observed that the permit is still in "reject" status - spoke to the property owner Mrs. McGrath who informed me that she had to hire an engineer and stated that the plains will be submitted and the permit should be issued early next week - also she stated that she believes that the permit should be finaled in a couple weeks - will continue to monitor 4Business Management & Budget Office 3.A.h Packet Pg. 40 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments Re-Inspection JonathanMuss e 3/6/2018 3/6/2018 Non- Compliant 3-6-18 - Checked our database and observed that permit is now "under review" status - Permit is now valid until July of 2018 - Mrs. McGrath has kept in contact with me and informed me that once the permit get issued - a certificate of occupancy should be obtained shortly after - will continue to monitor Re-Inspection JonathanMuss e 3/21/2018 3/22/2018 Requires Hearing 3-22-18 - permit is in "reject" status - will compete the hearing packet and sumbit it to Sup Mucha for review Assign Hearing Type JonathanMuss e 3/26/2018 3/26/2018 Code Enforcemen t Board Hearing 3-26-18 - CEB packet completed and turned in to Sup Mucha for review CE Legal Review KerryAdams 3/28/2018 3/28/2018 Schedule for SM/CEB Kerry, case was previously scheduled for January CEB and removed from the agenda. We would like to reschedule for April's agenda. JM CE Supervisor Review (CE)JosephMucha 3/28/2018 3/28/2018 Complete Schedule Case for Hearing DannyBlanco 5/7/2018 5/7/2018 Complete Case scheduled for May 24, 2018 CEB Hearing - DB Generate Hearing Notice (CE)DannyBlanco 5/7/2018 5/7/2018 Complete Affidavit of Service/Posting JonathanMuss e 5/8/2018 5/8/2018 Complete Hearing Notice Service/Posting JonathanMuss e 5/8/2018 5/8/2018 Complete Last day to post is May 14, please give AOP to Danny B - DB CE Mailing DannyBlanco 5/9/2018 5/9/2018 Complete May 24, 2018 CEB NOH sent regular mail, evidence packet sent certified - DB CE Phone Call JosephMucha 5/10/2018 5/10/2018 Complete Health Dept Justin Mahon (252-5524) contacted me in regards to this property possibly being occupied before a CO has been issued for the house. I advised Justin that we have an ongoing case already that is scheduled to go to a hearing this month. I let INV Musse know of the complaint and he is going to follow-up. CE Staff Review DannyBlanco 5/10/2018 5/10/2018 Complete Continuance request received via email from Caryn and Angela McGrath on 5/10/18, email response sent on 5/10/18 and request was forwarded to Senior Inv. Musse and District Supervisor Mucha. I informed the respondents that their motion was going to be presented to the code enforcement board on May 24, and that only the CEB could approve/deny a Continuance Request. - DB Pre Hearing Inspection JonathanMuss e 5/23/2018 5/23/2018 Complete 5-23-18 - Violation remains - case is set to appear before the Code Enforcement Board tomorrow - called Mrs. McGrath who informed me that she will be attending the hearing and is interested in signing the stipulated agreement 5Business Management & Budget Office 3.A.h Packet Pg. 41 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments Record Hearing Results DannyBlanco 5/28/2018 6/4/2018 Complete Stipulation Agreement. Respondent must abate all violations by obtaining Demolition Permit, Inspections, and Certificate of Completion for the removal of the previous mobile home and obtain all required inspections and certificate of completion for the tiny house permit (PRBD20171254064) and for the boat lift permit (PRBD20170830971) on or before September 21, 2018 or a fine of $100.00 per day will be imposed for each day the violation(s) remains thereafter and pay operational costs in the amount of $59.63 within 30 days - DB Generate Hearing Results Notice (CE) DannyBlanco 6/25/2018 6/19/2018 Complete FF order and stipulation agreement scanned, OR 5519 PG 3631 - DB Schedule Case for Hearing HelenBuchillo n 9/17/2018 9/17/2018 Complete Case scheduled for the September 27, 2018 CEB EOT Hearing - HB Generate Hearing Notice (CE)HelenBuchillo n 9/17/2018 9/17/2018 Complete CE Phone Call KimberlyBran des 9/17/2018 9/17/2018 Complete Call: 5min KB Caller checking status of case. Read updates- He wanted further details of his violation RE: boat lift. TOT caller to investigator for compliance/KB CE Mailing HelenBuchillo n 9/17/2018 9/17/2018 Complete CE Mailing HelenBuchillo n 9/17/2018 9/17/2018 Complete NOH for the September 27, 2017 CEB Hearing sent regular mail, evidence packet sent certified - HB Affidavit of Service/Posting JonathanMuss e 9/18/2018 9/18/2018 Complete Hearing Notice Service/Posting JonathanMuss e 9/18/2018 9/18/2018 Complete Please post as soon as possible - HB Post Hearing Re-Inspection JonathanMuss e 9/24/2018 9/24/2018 Non- Compliant 9-24-18 - checked permit status and observed that the boat lift permit obtained the certificate of completion on 9-21-18 - tiny house permit# PRBD20171254064 still active, pending inspections and conditions still need to be resolved - also observed a variance that was recently applied for - PL#20180002825 for the encroachment on the right side - Called Mrs. McGrath - 231-330-1960 - who informed me that she is not required to obtain a demolition permit for the mobile home from the previous owner - will have to verify with the building department - she informed me that she is set to appear before the Code Enforcement Board this Thursday - will continue to monitor - will complete the affidavit of non compliance Update Picture(s)JonathanMuss e 9/24/2018 9/24/2018 Complete Pre Hearing Inspection JonathanMuss e 9/26/2018 9/26/2018 Complete 9-26-18 - checked our database and observed that the tiny house permit is still active - spoke to the owner earlier this week who informed me that she will be present for tomorrow hearing 6Business Management & Budget Office 3.A.h Packet Pg. 42 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Legal Review DannyBlanco 10/1/2018 10/1/2018 Not Required Record Hearing Results DannyBlanco 10/2/2018 10/1/2018 Complete The Respondent’s Motion for Extension of Time of this case is DENIED. The Board continues this matter until November 26, 2018. Daily fines shall continue to accrue during the Continuance period. Respondent is ordered to pay operational costs in the amount of $59.35 on or before October 27, 2018. DB Generate Hearing Results Notice (CE) DannyBlanco 10/15/2018 10/10/2018 Complete Continuance Order attached, OR 5558 PG 1057 - DB Post Hearing Re-Inspection JonathanMuss e 11/27/2018 11/27/2018 Non- Compliant 11-27-18 - Checked the permit status and observed that the permit is still active - expiration date is set for April of 2019 - Received an e-mail from Mrs. McGrath stating, "Dear Collier board of commissioners, We are writing to you because upon all our inspections passing and upon awaiting our certificate of occupancy, Ray bellows discovered that the rear set back with zoning did not meet the requirement5s of a 20’ rear set back.. We are at 16.6, which leaves us 3’ 4” too short. Upon careful research with all contractors, engineers , crane operators and inspectors from collier county we were misinformed on the Goodland new overlay. We were told that the new set backs were 8.5 then were told 10. when now it is showing 20.. After talking in depth with Ray Bellows( until we sort out the true setbacks now) we were advised to apply for a variance which will take 3-5 months. We have submitted all the paperwork need with a check to start the process. So looking forward the 60 day allowance you gave us to get our co will be delayed. All other violations have been cleared and satisfied.. now just waiting on the variance and clarity through Goodland and Collier BOD, but in saying that have applied for the variance to keep moving along to close this out. We are asking for leniency time now during this other hiccup in this very frustrating process with our tiny home at 288 sq ft. We will not be able to make the deadline but have paid the $59.60 fee issued at last hearing Thank you , Sincerely Caryn and Angela McGrath" - will attempt to get in contact with Mrs. McGrath 7Business Management & Budget Office 3.A.h Packet Pg. 43 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Phone Call JonathanMuss e 11/27/2018 11/27/2018 Complete 11-27-18 - I was able to get in contact with Mrs. McGrath - she informed about the setback issue and is working with Renald Paul, Project Coordinator and Ray Bellows, Zoning Manager to apply for a variance - I supplied her with Danny Blanco's contact information to see if she needs to schedule for a hearing to request for an extension of time - will continue to monitor CE Manager Case Review letourneau_j 4/9/2019 4/9/2019 Complete Please review and inform me if we need to schedule for the April 26, 2019 CEB IOF Hearing – HB Please do not schedule for IOF this month. JL#34. Generate Hearing Notice (CE)HelenBuchillo n 8/26/2019 8/26/2019 Complete CE Phone Call JonathanMuss e 8/27/2019 8/27/2019 Complete 8-27-19 - Checked the permit status and observed that the permit has expired - called Mrs. McGrath - 231-617-7470 - and informed her of the hearing on 9-26-19 - also sent her a copy of the notice via e-mail - glsd290@hotmail.com Hearing Notice Service/Posting JonathanMuss e 8/27/2019 8/27/2019 Complete Last day to post is September 13, 2019 – HB Affidavit of Service/Posting JonathanMuss e 8/27/2019 8/27/2019 Complete CE Mailing HelenBuchillo n 9/11/2019 9/11/2019 Complete NOH for the September 26, 2019 CEB IOF Hearing sent regular mail, evidence packet sent certified – HB Schedule Case for Hearing HelenBuchillo n 9/15/2019 8/26/2019 Complete Case scheduled for the September 26, 2019 CEB IOF Hearing – HB Check with Musse if we need to schedule for next CEB Hearing - HB Pre Hearing Inspection JonathanMuss e 9/25/2019 9/25/2019 Complete 9-25-19 - Violation remains - case is set to appeare before the Code Enforcement Board tomorrow for an imposition of fines hearing Record Hearing Results HelenBuchillo n 9/30/2019 9/27/2019 Complete Respondent was present. Code Enforcement Board granted an Extension of Time for 6 months to abate violation which waives all fines that have accrued in the past – HB CE Staff Review HelenBuchillo n 10/7/2019 10/7/2019 Complete Mailed copy of EOT Order to respondent from the September 26, 2019 CEB Hearing – HB Generate Hearing Results Notice (CE) HelenBuchillo n 10/11/2019 10/7/2019 Complete Scanned & attached Extension of Time Order (not recorded) from the September 26, 2019 CEB Hearing– HB CE Staff Review letourneau_j 10/28/2019 10/30/2019 Complete N/A Not Applicable HelenBuchillo n 10/31/2019 11/5/2019 Not Required Check if need to schedule for IOF - HB 8Business Management & Budget Office 3.A.h Packet Pg. 44 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments Re-Inspection JonathanMuss e 12/3/2019 12/5/2019 Non- Compliant 12-5-19 - Spoke with Code Enforcement Manager Jeff Letourneau who informed me that he has spoken with the county attorney who advised him that we should not amend the original order due to the fact that the shed is still being utilized for the tiny home structure - checked permit status observed that the permit for the tiny home is still active with an expiration date set to June of 2020 - will continue to monitor CE Staff Review letourneau_j 2/14/2020 2/14/2020 Complete Attached email regarding owner's progress towards obtaining a variance to permit property as is. JL#34 Re-Inspection JonathanMuss e 3/3/2020 3/3/2020 Non- Compliant 3-3-20 - Violation remains - fines continue to accrue - owner is working on obtaining a variance to get the structure permitted as is - permit is active and currently has an expiration date scheduled for June of 2020 - will continue to monitor Re-Inspection JonathanMuss e 4/6/2020 4/6/2020 Non- Compliant 4-6-20 - Checked permit status - observed that permit is still active until June of 2020 - fines continue to accrue - will continue to monitor Re-Inspection JonathanMuss e 5/6/2020 5/6/2020 Non- Compliant 5-6-20 - Checked the permit status and observed that all the inspections have been completed - there are some pending conditions that would need to be completed before the permit can be finaled - called Mrs. McGrath who informed me working with the county and awaiting for the variance to be approved - will continue to monitor Re-Inspection JonathanMuss e 6/8/2020 6/8/2020 Non- Compliant 6-8-20 - Checked the permit status - observed that the permit for the tiny home is active - expiration date is set for 7-7-20 - property owner Mrs. McGrath is working with Diane Lynch, operations analyst, in getting the permit finalized - email attached to the case - will continue to monitor Re-Inspection JonathanMuss e 7/13/2020 7/13/2020 Non- Compliant 7-13-20 - Checked the permit status - no change since the last inspection - except that the expiration date has passed on 7-7-20 but the permit still remains active - the current status is "inspections completed" - fines continue to accrue - will continue to monitor Re-Inspection JonathanMuss e 9/14/2020 9/14/2020 Non- Compliant 9-14-20 - No change in permit status - there's still a hold on the certificate of occupancy - all of the inspections have been completed and all pending fees have been paid to this point - fines continue to accrue - will continue to monitor Re-Inspection JonathanMuss e 11/16/2020 11/17/2020 Non- Compliant 11-17-20 - No change in permit status - fines continue to accrue - will continue to monitor Re-Inspection JonathanMuss e 1/11/2021 1/11/2021 Non- Compliant 1-11-21 - Checked the permit status and observed not change - same owner since the start of the case - fines continue to accrue - will continue to monitor 9Business Management & Budget Office 3.A.h Packet Pg. 45 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments Re-Inspection JonathanMuss e 3/10/2021 3/10/2021 Non- Compliant 3-10-21 - No change in permit status - fines continue to accrue - same owner since the start of the case - will continue to monitor Re-Inspection JonathanMuss e 5/12/2021 5/13/2021 Non- Compliant 5-13-21 - No change in permit status - fines continue to accrue - same owner since the start of the case - will continue to monitor Re-Inspection JonathanMuss e 6/3/2021 6/3/2021 Non- Compliant Mucha, 6-3-21 - I spoke with the property owner Mrs. McGrath, 231-330-1960, who informed me that she’s still working on the variance for the encroachment on the right side of the property. Checked the permit on file and observed that all the inspections have been completed and passed. Appears that the certificate of occupancy is pending on the approval of the variance. Mrs. McGrath stated that she plans on contacting the gentleman that is assisting her with the variance and will call me next week to give me an update. Re-Inspection JonathanMuss e 6/22/2021 6/22/2021 Non- Compliant 6-22-21 - checked our database - no change in permit status - Mrs. McGrath stated that she'll get in contact with me once she speaks to her architect - will continue to monitor CE Phone Call JosephMucha 8/19/2021 8/19/2021 Complete I spoke with the owner Mrs. McGrath. It was determined that the best place for the replacement drainage easement for her property would be between lots 4 and 5 of her common property line. She is working with Karen Dancsec who is a Property Acquisition Specialist with Transportation. This is one of the steps that needs to be taken for her to proceed with her variance. I updated the Director and will continue to monitor. Re-Inspection JonathanMuss e 9/7/2021 9/7/2021 Non- Compliant Checked the permit status, no change - Owner still has 5 pending conditions that would need to be resolved before the certificate of occupancy can be issued - Fines continue to accrue, will continue to monitor. JonathanMusse 09/07/2021 2:46 PM Re-Inspection JonathanMuss e 11/8/2021 11/8/2021 Non- Compliant JonathanMusse 11/08/2021 12:04 PM - Violation remains - no change in permit status - Fines ciontinue to accrue - will continue to monitor Re-Inspection JonathanMuss e 12/8/2021 12/8/2021 Non- Compliant 12-8-21 - Checked the permit status and observed that violation still remains - permit status still remains as inspections completed but their remains a few conditions that need to be resolved - fines continue to accrue - same owner since the start of the case - will continue to monitor Re-Inspection JonathanMuss e 2/8/2022 2/8/2022 Non- Compliant 2-8-22 - On site - violation remains - fines continue to accrue - sent an email from Mrs. McGrath requesting an update on the permit - glsd290@hotmail.com - awaiting a response - will continue to monitor 10Business Management & Budget Office 3.A.h Packet Pg. 46 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review JonathanMuss e 4/22/2022 4/22/2022 Complete I think we need to talk to Jeff about imposing the fines here. Nothing has been done with the variance or the vacation of the easement that I can tell. JM Re-Inspection JonathanMuss e 5/2/2022 5/2/2022 Non- Compliant 5-2-22 - since there's been no movement on the permit status - case will be scheduled to appear before the code enforcement board for an imposition of fines hearing - will continue to monitor Generate Hearing Notice (CE)Miriam.Lorenz o 5/4/2022 5/4/2022 Complete Hearing Notice Service/Posting JonathanMuss e 5/4/2022 5/6/2022 Complete Last day to post May 12, 2022./ML Schedule Case for Hearing Miriam.Lorenz o 5/4/2022 5/4/2022 Complete Case scheduled for May 26, 2022 CEB Hearing./ML CE Mailing Miriam.Lorenz o 5/5/2022 5/5/2022 Complete NOH for the May 26, 2022 CEB Hearing mailed reg. and evidence packet mailed cert. #7021 1970 0001 4432 2760./ML Double M Investments LLC 7632 Rozzini Ln Naples, FL 34114 CE Phone Call JosephMucha 5/6/2022 5/6/2022 Complete I spoke with owner Ms. McGrath 231-330- 1960 who is not happy that the hearing has been scheduled. She advises that she has done everything she is supposed to do and is waiting on the other departments that are working with her. I advised her that I will follow-up with the other departments to find out what the status is. Affidavit of Service/Posting JonathanMuss e 5/6/2022 5/6/2022 Complete Update Picture(s)JonathanMuss e 5/6/2022 5/6/2022 Complete Jon CE Staff Review Miriam.Lorenz o 5/17/2022 5/16/2022 Complete Email to withdraw case from CEB Hearing./ML CESD20170011238 email to WD McGrath CE Staff Review JonathanMuss e 5/25/2022 5/25/2022 Complete Case was removed from the May 27th, 2022 CEB agenda Schedule Case for Hearing HelenBuchillo n 6/1/2022 6/1/2022 Complete Case scheduled for the June 23, 2022 CEB IOF Hearing – HB Generate Hearing Notice (CE)HelenBuchillo n 6/1/2022 6/1/2022 Complete CE Mailing HelenBuchillo n 6/3/2022 6/3/2022 Complete NOH for the June 23, 2022 CEB IOF Hearing sent regular mail, evidence packet sent certified – HB CE Staff Review Miriam.Lorenz o 6/4/2022 5/16/2022 Complete Case has been Withdrawn from CEB May 26, 2022 Hearing Per Supervisor Joseph Mucha email attached./ML CE Staff Review JonathanMuss e 6/13/2022 6/14/2022 Complete Case was has been removed from the June agenda CE Staff Review HelenBuchillo n 6/13/2022 6/13/2022 Complete Scanned & attached notarized IOF AOM – HB Not Applicable HelenBuchillo n 6/22/2022 6/15/2022 Not Required 11Business Management & Budget Office 3.A.h Packet Pg. 47 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review HelenBuchillo n 6/28/2022 6/15/2022 Complete Case has been withdrawn from the June 23, 2022 CEB IOF Hearing per Supervisor Joe Mucha – HB Re-Inspection JonathanMuss e 6/29/2022 6/29/2022 Non- Compliant 6-29-22 - This case was removed from the June Code Enforcement Imposition of Fines Hearing - Per Director Ossario - owner will be given three months to finalize the permit for the tiny home before re-scheduling for that hearing date - At this time - there is not change to the permit status - will continue to monitor Re-Inspection LuisMacedo 8/22/2022 8/22/2022 Non- Compliant 8-22-22 - Checked the permit status - no change - did observed a Easement Use Agreement that was applied for on 8-15-22 - refer to PL20220005415 for more information - will transfer case over to the area investigator Macedo CE Legal Review helenbuchillon 9/6/2022 9/7/2022 Schedule for SM/CEB Schedule for the September 22, 2022 CEB IOF Hearing per Director Michael Ossorio -HB Schedule Case for Hearing HelenBuchillo n 9/7/2022 9/7/2022 Complete Case scheduled for the September 22, 2022 CEB IOF Hearing – HB Generate Hearing Notice (CE)HelenBuchillo n 9/7/2022 9/7/2022 Complete Hearing Notice Service/Posting JonathanMuss e 9/8/2022 9/8/2022 Complete Last day to post is September 8, 2022 – HB Affidavit of Service/Posting JonathanMuss e 9/8/2022 9/8/2022 Complete CE Staff Review HelenBuchillo n 9/15/2022 9/15/2022 Complete Scanned & attached notarized AOM AOP – HB Not Applicable HelenBuchillo n 9/21/2022 9/21/2022 Not Required CE Staff Review HelenBuchillo n 9/27/2022 9/21/2022 Complete 9/21/22 Case has been withdrawn from the September 22, 2022 CEB IOF Hearing and will be re-scheduled for the October 27, 2022 CEB IOF Hearing per Manager Jeff Letourneau – HB Schedule Case for Hearing Miriam.Lorenz o 10/7/2022 10/7/2022 Complete Case scheduled for the October 27, 2022 CEB Hearing./ML Schedule for October Hearing - HB Generate Hearing Notice (CE)Miriam.Lorenz o 10/7/2022 10/7/2022 Complete Hearing Notice Service/Posting LuisMacedo 10/7/2022 10/7/2022 Complete Last day to post October 13, 2022./ML CE Staff Review Miriam.Lorenz o 10/7/2022 10/7/2022 Complete Quit Claim Deed scan and attached (Double M Investments) CESD20170011238 Quit Claim Deed (Double M Inv.) Affidavit of Service/Posting LuisMacedo 10/7/2022 10/7/2022 Complete CE Mailing Miriam.Lorenz o 10/7/2022 10/7/2022 Complete NOH for the October 27, 2022 CEB Hearing mailed reg. and evidence packet mailed cert. # 7022 0410 0003 3923 9151./ML CE Staff Review Miriam.Lorenz o 10/10/2022 10/10/2022 Complete AOM - AOP NOH IOF scan and attach./ML CESD20170011238 AOM-AOP NOH IOF 10- 10-22 12Business Management & Budget Office 3.A.h Packet Pg. 48 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review Jason.Packar d 10/17/2022 10/17/2022 Complete PackardJason 10/17/2022 11:04 AM - On site, photos taken and uploaded at the request of CE Director. Pre Hearing Inspection LuisMacedo 10/26/2022 10/26/2022 Complete MacedoLuis 10/26/2022 - Onsite observed a new/different structure on the property, see photo. Review the case and PRBD20171254064 Exp: April 24th 2021 for a 280 Sq ft Tiny home is completed but not finale. will continue to investigate. see photo. Record Hearing Results Miriam.Lorenz o 10/31/2022 10/27/2022 Complete 10/27/2022 Respondent Angela Mc Grath was present and requested a continuance. Code Enforcement Board granted a continuance for 6 months (April 27, 2023). Fines continue to accrue./ML Generate Hearing Results Notice (CE) Miriam.Lorenz o 11/16/2022 11/14/2022 Complete 11/14/22 Scanned & attached IOF Continuance Order (not recorded) from the October 27, 2022 CEB IOF Hearing – HB CEB order Re-Inspection LuisMacedo 11/17/2022 11/17/2022 Non- Compliant MacedoLuis 11/17/2022 - Review the case, no permit changes, see photo. will continue to monitor. Re-Inspection LuisMacedo 12/19/2022 12/19/2022 Non- Compliant MacedoLuis 12/19/2022 - Review the case, no changes on permits, no changes of ownership. will continue to monitor. Re-Inspection JosephMucha 3/28/2023 3/28/2023 Non- Compliant No change in permit status. PL20220005415 Easement Use Agreement had rejections and is currently in "resubmit-open for uploads" status since October of 2022. Schedule Case for Hearing HelenBuchillo n 3/29/2023 3/29/2023 Complete Case scheduled for the April 27, 2023 CEB IOF Hearing – HB Generate Hearing Notice (CE)HelenBuchillo n 3/29/2023 3/29/2023 Complete Hearing Notice Service/Posting Donald.Josep h 3/30/2023 4/3/2023 Complete Last day to post is April 14, 2023 – HB Affidavit of Service/Posting Donald.Josep h 4/3/2023 4/3/2023 Complete Not Applicable Colleen.Karle n 4/13/2023 4/25/2023 Not Required CE Staff Review helenbuchillon 4/18/2023 4/17/2023 Complete 4/17/23 Scanned & attached notarized AOM AOP – HB 4-3-2023 - Affidavit of Posting completed. Please notarize and scan to case. JosephDonald 04/03/2023 3:33 PM Pre Hearing Inspection JosephMucha 4/26/2023 4/26/2023 Complete Violation remains. I spoke to owner Angie 231 -330-1960 to advise the case is still moving forward. Not Applicable JosephMucha 4/28/2023 5/1/2023 Not Required CE Staff Review JosephMucha 4/28/2023 4/28/2023 Complete Fines were imposed at the April CEB. CE Legal Review Miriam.Lorenz o 4/28/2023 4/28/2023 Not Required 13Business Management & Budget Office 3.A.h Packet Pg. 49 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments Record Hearing Results HelenBuchillo n 5/2/2023 4/28/2023 Complete 4/27/23 Respondent Angela McGrath was present. Petitioner’s Motion for Imposition of Fines/Liens is GRANTED. Daily fines of $100.00 per day are assessed against the Respondent for (1,129 days) for the period from March 25, 2020 through April 27, 2023 for a total amount of fines of $112,900.00. Respondent paid previously assessed operational costs of $59.63 and $59.35, and shall pay operational costs for the Imposition of Fines hearing in the amount of $59.98. Respondents are ordered to pay fines and costs in the total amount of $112,959.98 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. The daily fines of $100.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. – HB CE Mailing HelenBuchillo n 5/9/2023 5/9/2023 Complete Mailed copy of Granted IOF Order (not recorded) to respondent from the April 27, 2023 CEB IOF Hearing – HB Generate Hearing Results Notice (CE) HelenBuchillo n 5/20/2023 6/16/2023 Complete Granted Imposition of Fines Order attached, OR 6248 PG 833 – HB Scanned & attached Granted Imposition of Fines Order (not recorded) from the April 27, 2023 CEB IOF Hearing and sent order to be recorded – HB Re-Inspection Donald.Josep h 7/28/2023 7/28/2023 Non- Compliant There have been no changes to permit, no change in ownership, and the property continues to accrue fines. I will continue to monitor. dj11 Re-Inspection Donald.Josep h 10/27/2023 10/27/2023 Non- Compliant Permit PRBD20171254064 remains in "Inspections Completed" status, no change in ownership, and the property continues to accrue fines. I will continue to monitor. dj11 CE Staff Review HelenBuchillo n 10/31/2023 Pending 11/15/23 Case approved to be forwarded to the County Attorney Office Foreclosure on October 26, 2023, by the Code Enforcement Board – HB 8/22/23 On list for approval to send to attorney’s office for Foreclosure – HB 4/27/23 IOF Granted ck if paid if not send to Attorney – HB Re-Inspection Donald.Josep h 12/1/2023 12/4/2023 Non- Compliant Permit PRBD20171254064 remains in "Inspections Completed" status, there are five open conditions contributing to a CO hold. Property owner was present at the April Imposition of Fines hearing and is aware of the case status. There has been no change in ownership, and the property continues to accrue fines. dj11 14Business Management & Budget Office 3.A.h Packet Pg. 50 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review NievesBlanca 12/8/2023 12/8/2023 Complete Foreclosure letter mailed to respondent and attached to case. BN 11/15/23 Case approved to be forwarded to the County Attorney Office Foreclosure on October 26, 2023, by the Code Enforcement Board – HB Re-Inspection Donald.Josep h 3/1/2024 Pending ......Permit PRBD20171254064 remains in "Inspections Completed" status, there are five open conditions contributing to a CO hold. Property owner was present at the April Imposition of Fines hearing and is aware of the case status. There has been no change in ownership, and the property continues to accrue fines. dj11 Waiting For Liens to be Released 5/17/2043 Pending Violations Violation Description Status Entered Corrected Amount Comments Building Permit LDC Open 8/2/2017 $0 A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock, lift, shed, and power pole installed without first obtaining a valid Collier County permit. CO Required ATF Permits Open 8/2/2017 $0 Hearings Title Reason Result Compliance Fine/Day Condition Code Enforcement Board Hearing on 1/26/2018 Code Review Withdrawn $0 CEB OPS COST - DB Code Enforcement Board Hearing on 5/24/2018 Code Review Guilty 9/21/2018 $100 CEB OPS COST - DB Stipulation Agreement. Respondent must abate all violations by obtaining Demolition Permit, Inspections, and Certificate of Completion for the removal of the previous mobile home and obtain all required inspections and certificate of completion for the tiny house permit (PRBD20171254064) and for the boat lift permit (PRBD20170830971) on or before September 21, 2018 or a fine of $100.00 per day will be imposed for each day the violation(s) remains thereafter. Code Enforcement Board Hearing on 9/27/2018 Continuance Continued by Petitioner $0 CEB EOT Ops cost - HB Code Enforcement Board on 9/26/2019 Imposition of Fines Continued by Petitioner $0 CEB IOF Ops costs -HB Code Enforcement Board Hearing on 05/26/2022 Imposition of Fines Withdrawn $0 CEB IOF Ops cost./ML Code Enforcement Board Hearing on 06/23/2022 Imposition of Fines Withdrawn $0 CEB IOF Ops Costs - HB 15Business Management & Budget Office 3.A.h Packet Pg. 51 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/11/2023 3:17:05 PMCode Case Details Title Reason Result Compliance Fine/Day Condition Code Enforcement Board Hearing on 09/22/2022 Imposition of Fines Withdrawn $0 CEB IOF Ops Costs - HB Code Enforcement Board Hearing on 10/27/2022 Imposition of Fines Continued by Respondant $0 CEB ops cost./ML Code Enforcement Board Hearing on 4/27/2023 Imposition of Fines Guilty $0 CEB Ops Costs - HB 16Business Management & Budget Office 3.A.h Packet Pg. 52 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.h Packet Pg. 53 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.h Packet Pg. 54 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.h Packet Pg. 55 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.h Packet Pg. 56 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.h Packet Pg. 57 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.h Packet Pg. 58 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.h Packet Pg. 59 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MCGRATH, CARYN MARY P O BOX 198s MARCO ISLAND, FL 34146 Location: 659 PALM AvE Unincorporated Collier County Sec; 18 Twp: 52 Range: 27 zoning oist: VR-GZO Folio# 46420360009 Property Legal Description: GOODLAND ISLES lSTADD BLKC LOT3 NOTICE Pursuantto Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the abovedescribed location. Ordinance/Code: Building and Land Alteration Permits. (Permits, lnspections, Certiticate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(8)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. lmprovement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(8)(1Xe)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permrt shall be rssued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a burldrng permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agriculturalclearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utlized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the requrred permat(s), rnspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code l i. ln the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of afler the fact permit(s).: Violation Status - lnitial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S}. Did Witness: A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock, lift, shed, and power pole installed without first obtaining a valid Collier County permit. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate of Completion/Occupancy for described structure/ alteration. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: September 2, 2017 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $5OO and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains and costs of prosecutton. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT SERVED BY Case Number: CESP201 7001 1 238 Date: August 3,2017 lnvestigator: Jonathan Musse Phonei 239-252-2411 Cell: 239{77{134 3.A.h Packet Pg. 60 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) nature 2800 North Horseshoe Or, Naples, FL 34104 Phone.239 252-2440 FAX: 239 252-2343 Case Num cEsD20170011238 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may requlre additional compliance and approval from other d€partments which may be rsquired under local, state and fedoral regulations, including, but not limited to: right-of-way pormit, building permit, demolition of structure, Site Development Plan, lnsubstantial Chango to Sltg Dovelopment Plan, and Variances along with, payment ot impact lees, and any new or outstanding fegs required for approval. 3.A.h Packet Pg. 61 Attachment: Attachment G - Code Case CESD20170011238 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Report Title: Date: Code Case Details 12/19/2023 8:51:18 PM Case Number:CETU20190000056 Case Information CETU20190000056Case Number: Case Type: Priority: Temporary Land Use Normal Inspector: Jurisdiction: Origin: DanielHamilton Collier County Code Enforcement Complaint Detail Description:Anonymous letter received by planning regarding set backs & variances to codes on property. Also states occupants living in RV, part time, for the past two years while using the septic, water & electric. Planning department is looking into the issue with set backs & variance. Location Comments:659 Palm Ave., Goodland ClosedStatus: Date & Time Entered: Entered By: 1/2/2019 2:58:17 PM DanaRarey Case Disposition:No Violation Address 659 Palm AVE, Goodland Property 46420360009 Address Location Property Owner MCGRATH, CARYN MARY P O BOX 1985 Contacts 1Business Management & Budget Office 3.A.i Packet Pg. 62 Attachment: Attachment H - Code Case CETU20190000056 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/19/2023 8:51:18 PMCode Case Details Investigations Desc Assigned Required Completed Outcome Comments CE Staff Review DanaRarey 1/2/2019 1/2/2019 Complete Anonymous letter from "Concerned Goodland Property Owners" brought to CE by Planner. He is currently looking into set back and variance on Case # PL20180003496 DR. Verify Complainant DanielHamilto n 1/2/2019 1/10/2019 Verified Verified by Public Official and letter. DH 05 CE Staff Review DanaRarey 1/2/2019 1/2/2019 Complete Advised Anonymous complaints are for Health & Safety issues, but will forward letter to DH05. Initial Inspection DanielHamilto n 1/11/2019 1/15/2019 Incomplete On 01-15-2019 I observed a recreational vehicle, black/white Voltage 5th wheel parked on the property. The RV was hooked to power and sewer. I attempted to make contact with the owner but no one was home. Pictures were taken. Will research Goodland Zoning Overlay. There is another case open #CESD20170011238 and Planning # PL20180003496 DR. in reference to the Tiny House and set backs. HamiltonDaniel 01/15/2019 12:23 PM Attach Picture(s)DanielHamilto n 1/16/2019 1/16/2019 Complete Initial Inspection Follow-up DanielHamilto n 1/22/2019 1/23/2019 No Violation (s) Found I did not see living in RV on residential property in the Goodland Overlay. Violation found for Land Use and Recreational Vehicle storage requirements. CE Staff Review DanielHamilto n 1/22/2019 1/23/2019 Complete I talked with Ms. McGrath and advised her of the complaint. She advised that the RV is the whole reason they built the tiny house in able to store the RV on the property. Ms. McGrath advised that she does not live in the trailer and that her permanent home is in Veronawalk. The RV is not hooked to the water/septic. GZO overlay 4.02.22 states that RV are allowable for storage on VR RSF-4 Zoned districts as long as it is not being lived in. No violation found. Will close the case.HamiltonDaniel 01/23/2019 8:16 AM CE Staff Review DanielHamilto n 1/22/2019 1/22/2019 Complete I attempted to make contact but no one was home. I also attempted to place a phone call to Ms. McGrath - 231-330-1960 but there was no answer. I left a message for call back. - HamiltonDaniel 01/22/2019 2:59 PM Enter Case Disposition DanielHamilto n 1/23/2019 1/23/2019 Complete Verify Conditions & Close Case JosephMucha 1/23/2019 1/24/2019 Complete CE Staff Review DanaRarey 1/23/2019 1/23/2019 Complete Scan and attach Anonymous Letter DR CETU20190000056 Anon Letter DH05 2Business Management & Budget Office 3.A.i Packet Pg. 63 Attachment: Attachment H - Code Case CETU20190000056 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Execution Date 12/19/2023 8:51:18 PMCode Case Details Violations Violation Description Status Entered Corrected Amount Comments Hearings Title Reason Result Compliance Fine/Day Condition 3Business Management & Budget Office 3.A.i Packet Pg. 64 Attachment: Attachment H - Code Case CETU20190000056 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) co lierCounty P:trtrlnB Depa^menr avenu. Ean, Goodlaid we arc agbup orconcerned Goodland popertyowne6, who, b€cause ol feafof€tariarion, sendrhi5 i€ne. unsignad. we hav. been and conrinue ro bedeepryroubted by rhe a.r viues3r ss9 patn Av€nue we undedtand the owne6 orrhe prcp€ftyareseri.sa variance from rh.countyb{au* rhey .onnrucred their"liny house" wjt Th€ app icant works in rh€.onsruction indufy and B ask nsrhe countyfora vaian.etorrhisacr. Theyda m thar due to the sman sneotlhe propeny aid thefactrhal they had to a..ommodarea s.pt. sysrem rheywere budened..d had io ck rheypurchared rhe tand 3nd then buiti the seplicsysrem, so how could rhai have been unknown? They havec.eaiedthis sirrd onand are now asking rhecountyto took sin.e porchasing the hnd and havinB bu ttrher spt csvsem, ihey have been tiving in an RVonthe property ror ov€. two yeaE Theyconnnue to tive ii the Rv, pa How can rhis beatowedto conrinue? w. hoperhG en,raltowed by Ih.re iea newhome being buifton rhe lanesn€d br, on th. eme nreer by. rcpurabte bui]d€f. !e doesnl $efr to have anyprobremsdea in3 wirh counry Codes,lhe sr€ dflhe tot, sepric, ek.. rorth. protadion orour prcpedy inued |rins in rhe RVwi be itopped and $n va ancewillbedenied croup or concem.d 6oodland Pop€dy owne6 3.A.i Packet Pg. 65 Attachment: Attachment H - Code Case CETU20190000056 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) K>>/ZKhEdz'KsZEDEd ϮϴϬϬEKZd,,KZ^^,KZ/s 'ZKtd,DE'DEdWZdDEd EW>^͕&>KZ/ϯϰϭϬϰ ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ;ϮϯϵͿ ϮϱϮͲϮϰϬϬ&y͗;ϮϯϵͿϮϱϮͲϲϯϱϴ ϰͬϮϳͬϮϬϭϴWĂŐĞϭŽĨϲ sZ/EWd/d/KEWW>/d/KE sĂƌŝĂŶĐĞĨƌŽŵ^ĞƚďĂĐŬƐZĞƋƵŝƌĞĚĨŽƌĂWĂƌƚŝĐƵůĂƌŽŶŝŶŐŝƐƚƌŝĐƚ >ƐĞĐƚŝŽŶϵ͘Ϭϰ͘ϬϬΘŽĚĞŽĨ>ĂǁƐƐĞĐƚŝŽŶϮͲϴϯʹϮͲϵϬ ŚĂƉƚĞƌϯ:͘ŽĨƚŚĞĚŵŝŶŝƐƚƌĂƚŝǀĞŽĚĞ WZK:dEhDZ WZK:dED dWZK^^ WW>/EdKEdd/E&KZDd/KE EĂŵĞŽĨWƌŽƉĞƌƚǇKǁŶĞƌ;ƐͿ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ EĂŵĞŽĨƉƉůŝĐĂŶƚŝĨĚŝĨĨĞƌĞŶƚƚŚĂŶŽǁŶĞƌ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĚĚƌĞƐƐ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺŝƚǇ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ^ƚĂƚĞ͗ͺͺͺͺͺͺͺ/W͗ͺͺͺͺͺͺͺͺ dĞůĞƉŚŽŶĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺĞůů͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ&Ăǆ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͲDĂŝůĚĚƌĞƐƐ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ EĂŵĞŽĨŐĞŶƚ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ &ŝƌŵ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĚĚƌĞƐƐ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺŝƚǇ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ^ƚĂƚĞ͗ͺͺͺͺͺͺͺ/W͗ͺͺͺͺͺͺ dĞůĞƉŚŽŶĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺĞůů͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ&Ăǆ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͲDĂŝůĚĚƌĞƐƐ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ tZd,dK>>/ZKhEdz,^>Kz/^dZ'h>d/KE^͘'h/zKhZ^>&KZ/E'>zE E^hZd,dzKhZ/EKDW>/Et/d,d,^Z'h>d/KE^͘ dŽďĞĐŽŵƉůĞƚĞĚďǇƐƚĂĨĨ Double M Investments, LLC 7632 Rozzini Lane Naples FL 34114 Naples FL 341052600 Golden Gate Pkwy Peninsula Engineering Christopher Scott 239-403-6727 CScott@pen-eng.com 3.A.j Packet Pg. 66 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 2 of 6 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: ____________________ Section/Township/Range: / / Subdivision: _____________________________________ Unit: _____Lot: Block: Metes & Bounds Description: __________________________________ Total Acreage: ______ Address/ General Location of Subject Property: ______________________________________ ______________________________________________________________________________ ADJACENT ZONING AND LAND USE Zoning Land Use N S E W Minimum Yard Requirements for Subject Property: Front: Corner Lot: Yes No Side: Waterfront Lot: Yes No Rear: 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. 46420360009 18 52 27 Goodland Isles 1st Addition 3 C 659 Palm Avenue VR-GZO Canal, then Single-Family Residential VR-GZO Single-Family Residential VR-GZO Single-Family Residential VR-GZO Single-Family Residential 20' 5' 20' 3.A.j Packet Pg. 67 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 3 of 6 ASSOCIATIONS Complete the following for all registered 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.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: _____ NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 3.A.j Packet Pg. 68 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 4 of 6 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies. 3.A.j Packet Pg. 69 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 5 of 6 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre-Application Meeting Notes 1 Project Narrative Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Conceptual Site Plan 24” x 36” and one 8 ½ ” x 11” copy Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 Deeds/Legal’s 3 Location map 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 5 Historical Survey or waiver request 1 Environmental Data Requirements or exemption justification 3 Once the first set of review comments are posted, provide the assigned planner the Property Owner Advisory Letter and Certification 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: x Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. x Please contact the project manager to confirm the number of additional copies required. ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 3.A.j Packet Pg. 70 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 6 of 6 Planners: Indicate if the petition needs to be routed to the following reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Historical Review City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District Conservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra Emergency Management: Dan Summers; and/or EMS: Artie Bay School District (Residential Components): Amy Lockheart Other: FEE REQUIREMENTS Pre-Application Meeting:$500.00 Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20% of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$1,125.00 After The Fact Zoning/Land Use Petitions: 2x the normal petition fee Listed Species Survey (if EIS is not required): $1,000.00 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 the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 __________________________________ ____________________ Applicant Signature Date __________________________________ Printed Name Christopher Scott 9/20/2023 Digitally signed by Christopher Scott DN: cn=Christopher Scott, c=US, o=Peninsula Engineering, email=CScott@pen-eng.com Date: 2023.09.20 14:51:03 -04'00' Christopher Scott Christopher Scott 9/20/2023 3.A.j Packet Pg. 71 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number:2018574953 Transaction Number:2018-113701 Date Paid:12/21/2018 Amount Due:$2,625.00 Payment Details:Payment Method Amount Paid Check Number Check $2,625.00 2511 Amount Paid:$2,625.00 Change / Overage:$0.00 Contact:FRANK FOSTER CONSTRUCTION CO 7632 ROZZINI LANE NAPLES, FL 34114 FEE DETAILS: Fee Description Reference Number Original Fee Amount Paid GL Account Credit PL20180003496 $2,000.00 $500.00 131-138326-341280 GL Transfer PL20180003496 $2,000.00 $500.00 131-138326-341276 Variance (residential)PL20180003496 $2,000.00 $1,500.00 131-138326-341280 Legal Advertising Fee PL20180003496 $1,125.00 $1,125.00 131-138326-341950 Cashier Name:AlinaHarris Batch Number:7910 Entered By: RenaldPaul 3.A.j Packet Pg. 72 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 659 E PALM AVENUE VARIANCE AERIAL AND LOCATION MAP 3.A.j Packet Pg. 73 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 74 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 75 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 76 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 1 of 3 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 1 of 3 3.A.j Packet Pg. 77 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Double M Investments, LLC 100% Angela K. McGrath, President and Registered Agent Caryn M. McGrath, President 12/2016 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 2 of 3 Double M Investments, LLC 100% Angela K. McGrath, President and Registered Agent Caryn M. McGrath, President 12/2016 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 2 of 3 3.A.j Packet Pg. 78 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. ƐƚŚĞĂƵƚŚŽƌŝǌĞĚĂŐĞŶƚͬĂƉƉůŝĐĂŶƚĨŽƌƚŚŝƐƉĞƚŝƚŝŽŶ͕/ĂƚƚĞƐƚƚŚĂƚĂůůŽĨƚŚĞŝŶĨŽƌŵĂƚŝŽŶŝŶĚŝĐĂƚĞĚŽŶƚŚŝƐĐŚĞĐŬůŝƐƚŝƐ ŝŶĐůƵĚĞĚŝŶƚŚŝƐƐƵďŵŝƚƚĂůƉĂĐŬĂŐĞ͘/ƵŶĚĞƌƐƚĂŶĚƚŚĂƚĨĂŝůƵƌĞƚŽŝŶĐůƵĚĞĂůůŶĞĐĞƐƐĂƌǇƐƵďŵŝƚƚĂůŝŶĨŽƌŵĂƚŝŽŶŵĂǇ ƌĞƐƵůƚŝŶƚŚĞĚĞůĂǇŽĨƉƌŽĐĞƐƐŝŶŐƚŚŝƐƉĞƚŝƚŝŽŶ͘ ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) ΎdŚĞĐŽŵƉůĞƚĞĚĂƉƉůŝĐĂƚŝŽŶ͕ĂůůƌĞƋƵŝƌĞĚƐƵďŵŝƚƚĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚĨĞĞƐƐŚĂůůďĞƐƵďŵŝƚƚĞĚƚŽ͗ 'ƌŽǁƚŚDĂŶĂŐĞŵĞŶƚŽŵŵƵŶŝƚǇĞǀĞůŽƉŵĞŶƚĞƉĂƌƚŵĞŶƚͮ'DWŽƌƚĂů͗ ŚƚƚƉƐ͗ͬͬĐǀƉŽƌƚĂů͘ĐŽůůŝĞƌĐŽƵŶƚǇĨů͘ŐŽǀͬĐŝƚǇǀŝĞǁǁĞď YƵĞƐƚŝŽŶƐ͍ŵĂŝů͗'DĐůŝĞŶƚƐĞƌǀŝĐĞƐΛĐŽůůŝĞƌĐŽƵŶƚǇĨů͘ŐŽǀ Digitally signed by Christopher Scott DN: cn=Christopher Scott, c=US, o=Peninsula Engineering, email=CScott@pen-eng.com Date: 2023.09.18 10:08:24 -04'00' Christopher Scott Christopher O. Scott 9/18/2023 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 3 of 3 Christopher O. Scott 9/18/2023 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 3 of 3 3.A.j Packet Pg. 79 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 80 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 81 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 November 7, 2023 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County requesting a variance from the requirements of the zoning regulations as they apply to the following described property: 659 Palm Avenue Goodland, FL 34114 Lot 3, Goodland Isles First Addition, Block C The Variance petition asks the County to allow the existing single-family home to remain in its current location. The property is located within the Village Residential (VR) zoning district. Structures within the VR zoning district are subject to a 20-foot rear yard setback. The existing structure is located 12.9-feet from the rear property line (11.9-feet from roof overhang). The official Title of the request is below: Request for an after-the-fact variance from Land Development Code section 4.02.01.A., Table 2.1, to reduce the required rear yard setback from 20 feet to 12.9 feet and to 11.9 feet for a 1-foot roof overhang on the north side to allow for the continued existence of a single-family dwelling located within the Village Residential (VR) Zoning District at 659 Palm Avenue, also known as Lot 3, Block C, Goodland Isles First Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [PL20180003496] You are encouraged to reach out to the individual listed below if you would like additional explanation or further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Christopher Scott, AICP Peninsula Engineering Phone: 239.403.6727 Email: cscott@pen-eng.com 3.A.j Packet Pg. 82 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 659 PALM AVENUE GOODLAND VARIANCE MAILED NOTICE LIST AND MAP 3.A.jPacket Pg. 83Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm 1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPEBOHLKE, GREG & TAMMY 129 MAPLE DRSHOHOLA, PA 18458 GOODLAND ISLES BLK B LOT 3446372600008 UELLIS, STEPHEN E PO BOX 36GOODLAND, FL 34140 GOODLAND ISLES BLK B LOT 3346372560009 URISLEY TR, ROBERT R & IVAH H RISLEY JOINT LIV TRUST 2914 BIRMINGHAM RD OVID, MI 48866-9664 GOODLAND ISLES BLK B LOT 3246372520007 UISSE, ANTONIO M PO BOX 661GOODLAND, FL 34140 GOODLAND ISLES BLK B LOT 31 OR 436 PG 296 46372480008 UDOUBLE M INVESTMENTS LLC 7632 ROZZINI LANE NAPLES, FL 34114 GOODLAND ISLES BLK B LOT 3046372440006 USTEELE STREET PARTNERS LLC 180 STEELE ST STE B GRAND RAPIDS, MI 49534 GOODLAND ISLES BLK B LOT 29 OR 1117 PG 1257 46372400004 USTEELE STREET PARTNERS LLC 180 STEELE ST STE B GRAND RAPIDS, MI 49534 GOODLAND ISLES BLK B LOT 2846372360005 URODRIGUEZ, ANTONIO & SUSIE 10045 N SNAPPER CREEK DR MIAMI, FL 33173 GOODLAND ISLES 1ST ADD BLK C LOT 1 OR 852 PG 826 46420280008 UBYRD, JOHN L PO BOX 741GOODLAND, FL 34140 GOODLAND ISLES 1ST ADD BLK C LOT 2 46420320007 UDOUBLE M INVESTMENTS LLC 7632 ROZZINI LANE NAPLES, FL 34114 GOODLAND ISLES 1ST ADD BLK C LOT 4 46420400008 UDOUBLE M INVESTMENTS LLC 7632 ROZZINI LANE NAPLES, FL 34114 GOODLAND ISLES 1ST ADD BLK C LOT 5 46420440000 UDOUBLE M INVESTMENTS LLC 7632 ROZZINI LANE NAPLES, FL 34114 GOODLAND ISLES 1ST ADD BLK C LOT 6 46420480002 UBOGUE, MICHAEL K 3697 MEADOW VIEW DR KOKOMO, IN 46902-5070 GOODLAND ISLES 1ST ADD BLK C LOT 7 OR 887 PG 312 46420520001 ULAMBERT, LEE V 2429 CARPENTERS GRADE RD MARYVILLE, TN 37803-2613 GOODLAND ISLES 2ND ADD BLK D LOT 1A 46470040007 UCHOKOLUCKY IV LLC PO BOX 670EVERGLADES, FL 34139 GOODLAND ISLES 1ST ADD BLK D LOT 1 46421200003 UHARDOIN, ARLENE A 1748 BEVERLY DR NAPLES, FL 34114 GOODLAND ISLES 1ST ADD BLK D LOT 2 46421240005 UWENSEL, DAVID W TONYA JO JONES PO BOX 844 GOODLAND, FL 34140 GOODLAND ISLES 1ST ADD BLK D LOT 3 46421280007 UCOAST TO COAST PROP INVEST LLC 643 PALM AVEGOODLAND, FL 34140 GOODLAND ISLES 1ST ADD BLK D LOT 4 46421320006 UBSBJ CANAL RETREAT LLC 56 W COLUMBUS ST CANAL WINCHESTER, OH 43110 GOODLAND ISLES 1ST ADD BLK D LOT 5 46421360008 UNotice: 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: PL20180003496 | Buffer: 150' | Date: 8/31/23 | Site Location: 46420360009Mailing List3.A.jPacket Pg. 84Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm PL20180003496, 659 Palm Avenue Variance Revised November 2, 2023 Page 1 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 659 PALM AVENUE GOODLAND VARIANCE PROJECT NARRATIVE AND EVALUATION CRITERIA PROJECT REQUEST: The applicant is requesting to reduce the required rear yard setback from 20-feet to 12.9-feet for the existing structure and to 11.9-feet to allow for the existing roof overhang. The variance is necessary to bring the existing dwelling into compliance and is consistent with the criteria of LDC Section 9.04.03. BACKGROUND: The subject property is located at 659 Palm Avenue in Goodland, Florida and is identified as Lot 3, Block C of Goodland Isles First Addition (PB 8, PG 1-2). The property is zoned Village Residential (VR) and is located within the Goodland Zoning Overlay (GZO). The property was acquired by the current owner (now known as Double M Investments, LLC) in December 2016. A building permit for a 288 square foot “tiny house” was issued June 18, 2018 (PRBD20171254064-01). Upon construction of the dwelling, the applicant submitted the required spot survey, which showed the structure encroached into the rear yard/waterbody setback and into the 6-foot drainage easement on the east side lot line. 3.A.j Packet Pg. 85 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) PL20180003496, 659 Palm Avenue Variance Revised: November 2, 2023 Page 2 The owner filed an Administrative Variance application (PL20180002825) to allow a 0.1-foot encroachment into the required side yard. The Administrative Variance was denied, as the side yard encroachment is not a setback encroachment (the required side yard setback is 5-feet). The Denial advised that the structure requires a variance to the required 20-foot rear yard setback and either a Vacation of Easement or an Easement Use Agreement approval for the encroachment into the 6-foot wide Drainage Easement. The property owner initially filed this Variance Petition (PL20180003496) in 2018. A separate application to Vacate the Drainage Easement (PL20200002113) was submitted in 2020. That application was not found sufficient. Based on direction from Collier County staff, an application for Easement Use Agreement (PL20220005415) was submitted in 2022 in lieu of the petition to vacate the drainage easement. The location of the structure in relation to the rear property line is consistent with existing development patterns within the area. Both of the neighboring lots have structures that are setback approximately the same distance, or closer, to the rear lot line and canal. Based on GIS analysis, 32 of the 55 waterfront parcels (58%) on Palm Avenue and Coconut Avenue have structures that appear to encroach into the 20’ rear yard setback. 3.A.j Packet Pg. 86 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) PL20180003496, 659 Palm Avenue Variance Revised: November 2, 2023 Page 3 EVALUATION CRITERIA: The requested 7.1-foot variance to reduce the required 20-foot rear yard setback to 12.9-feet meets the evaluation criteria of LDC Section 9.04.03 and as noted in the boldened sections below: 9.04.03. Before any variance shall be recommended for approval to the board of zoning appeals, the planning commission shall consider and be guided by the following standards in making a determination: A. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. The minimum lot size for a single-family lot within the GZO is 4,275 square feet with a minimum lot width of 45-feet. The existing lot’s platted dimensions are 45’x95’ (4,275 square feet); however, the surveyed measured width of the lot is only 44.81’ along the street frontage resulting in a lot size of 4,266.4 square feet, making the lot slightly nonconforming. Additionally, the existing lot has a 6-foot wide Drainage Easement along the eastern side lot line and two wood utility poles on the southwest corner of the property. Because this portion of Goodland does not have public wastewater (sewer) service, the lot requires private septic system and drain field. The existing septic drainage field also limits where improvements can be made on the subject property. B. There are special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property which is the subject of the variance request. The small lot size, drainage easement and utility poles are existing site conditions that limit the available building footprint and are not the result of actions of the applicant. C. A literal interpretation of the provisions of the LDC work (sic) unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. A literal interpretation of the LDC would require the existing structure and associated site improvements be relocated on the lot, creating an undue hardship on the applicant. D. The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. The variance is the minimum variance needed to allow the existing structure to remain at its current location. E. Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 3.A.j Packet Pg. 87 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) PL20180003496, 659 Palm Avenue Variance Revised: November 2, 2023 Page 4 The requested variance will allow the existing structure to remain at 12.9’ from the rear property line. The location of the structure in relation to the rear lot line is consistent with the existing development pattern in the area, including structures on the lots abutting the subject property. F. Granting the variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The requested variance allows the existing structure to remain at its current location. The reduced rear yard setback is in harmony with existing structures on adjacent lots and is consistent with the existing development pattern in the immediate area. The granting of the variance will allow for the property to maintain similar setbacks to other structures in the VR/GZO zoning designation and will not be injurious to the neighborhood or detrimental to the public welfare. G. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. The existing canal at the rear of the property allows for an additional 50’ of building separation than standard back-to-back lots, ameliorating any potential impact from a reduced rear yard setback. Additionally, the structure has existed in its current location since 2018 without objections from adjacent property owners. H. Granting the variance will be consistent with the GMP. Granting of the variance will be consistent with the Collier County Growth Management Plan (GMP). The variance request does not affect or interfere with the density standards set forth in the GMP. The GMP is silent to the issuance of a variance application and therefore the granting of the variance will not be inconsistent with the GMP. 3.A.j Packet Pg. 88 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) PALM AVENUE(60' RIGHT-OF-WAY)LOT 3LOT 2LOT 1BLOCK C6' D.E. (O.R. 6112, PAGE 3895) 6' D.E. (O.R. 6112, PAGE 3895)WATERWAY(50' WIDE)CCTWECTPPPPTTTTTBOATLIFTCONC.PADWOODWALKWAYWOODENSTAIRSWOODENPLATFORM/STEPSSEAWALL X X X X X X 6' PLASTICFENCE ONLOT 3(END)6' PLASTICFENCE ONLOT 3(END) X X X SHED X X X X X 6' PLASTICFENCE (END)C11.811.823.923.8DRIVEWAY(PAVERS)DRIVEWAY(PAVERS)FOUNDNAIL & DISKILLEGIBLE0.31' N.E.4.07.14.1FOUNDNAIL & DISKILLEGIBLE2-STORY STRUCTURE 659 PALM AVENUE RAISED WOODPLATFORM(CONCRETEUNDERNEATH)COVEREDLANAIDRIVEWAY(PAVEMENT)CONCRETEPATIOCONCRETE LOT 4 1-STORY MOBILE HOME 657 PALM AVENUE GRAVELGRAVELGRASSGRASS5.7'5.8'1.2'1.2'FOUND NAIL(ILLEGIBLE)(0.59' N.W.)6' D.E.6' D.E.CONCRETE LOT 5 1-STORY MOBILE HOME 655 PALM AVENUE EDGE OF PAVEMENTEDGE OF PAVEMENTF.I.P. & CAPLB #68960.39' S.E.F.I.P. & CAPLB #6896F.I.P. & CAPLB #1126(0.2' N.W.)58.2' 58.2'27.3'27.4'F.C.M.S.E. CORNER LOT 5(ILLEGIBLE)(0.21' N.W.)L1L2L3 X X X X X X XXXXXPCCCCCCCCCCCCCCCL4 OVERHEADPOWER LINEOVERHEADPOWER LINE13.5' TOWATER SIDE FACEOF SEAWALL13.6' TOWATER SIDE FACEOF SEAWALL12.9' 13.5' 13' 13.6'LINE TABLE (PLAT)LINE #L1L2L3L4LENGTH45.0095.0045.0095.00BEARINGS85°17'17"WN4°42'43"WN85°17'17"EN4°42'43"WLINE TABLE (MEASURED)LINE #L1L2L3L4LENGTH44.7995.0245.0394.96BEARINGS84°48'01"WN4°55'26"WN84°52'42"ES4°46'46"EFOUNDIRON ROD(NO CAP)(0.31' S.E.)S-P-DBLM-001-LOT3.dwgOFREV. REVISIONSHEET #: DRAWING NO.:CLIENT:Vertical Scale:Horizontal Scale:Date:Drawn by:Fieldwork by:Fieldbook/Page:PROJECT NO.TITLE:APPROVED:[Save Date: 9/15/2023 2:44:55 PM] [Saved By: CLopera] [Plot Date: 9/15/2023 2:51:37 PM] [Plotted By: Camilo Lopera] [Original Size: 11x17] [Drawing Path: S:\Goodland\drawing\S-P-DBLM-001-LOT3.dwg]PENINSULA ENGINEERINGP-DBLM-00111MAP OF BOUNDARY SURVEY09/13/20231" = 20'N.T.S.P-023/22, 23, 33S.D.C.A.C.L.GENERAL NOTES:xBEARINGS ARE BASED ON THE COMMON LINE BETWEEN LOTS 3 AND 4, BEING NORTH 04°46'46" WEST.xELEVATIONS ARE BASED ON NORTH AMERICANVERTICAL DATUM, 1988, (N.A.V.D.)xLINES SHOWN OUTSIDE OF THE LAND DESCRIBEDARE FOR REFERENCE USE ONLY AND WERE NOTSURVEYED.xPROPERTY LIES WITHIN FLOOD ZONE AE9 PERFLOOD INSURANCE RATE MAP COMMUNITY PANEL#12021 C0842H, DATED MAY 16, 2012.LEGEND:D.E. = DRAINAGE EASEMENTEL. & ELEV. = ELEVATIONF.P.L. = FLORIDA POWER & LIGHTO.R. = OFFICIAL RECORDS BOOKP.B. = PLAT BOOKPG. = PAGER.O.W. = RIGHT-OF-WAYP = PLAT, M = MEASURED, C = CALCULATED, F = FIELD(S.I.P.)SET 5/8" IRON PIN & CAP STAMPED LB-8479(F.I.P.) FOUND IRON PIN & CAP STAMPED AS SHOWN(S.C.M.) SET 4" X 4" CONCRETE MONUMENT 24" LONGSTAMPED LB-8479(F.C.M.) FOUND CONCRETE MONUMENT(S.N.D.) SET PK NAIL & DISK STAMPED LB-8479(F.N.D.) FOUND PK NAIL & DISK STAMPEDOF LOT 3, GOODLAND ISLESFIRST ADDITION, PLATBOOK 8, PAGES 1-2, PUBLICRECORDS OF COLLIER COUNTY, FLORIDALANCE T MILLER, P.S.M. #LS5627MAP OF BOUNDARY SURVEY OF LOT 3, GOODLANDISLES FIRST ADDITION, PLAT BOOK 8, PAGES 1-2,COLLIER COUNTY, FLORIDA.PREPARED FOR: PENINSULA ENGINEERINGPENINSULA ENGINEERING2600 GOLDEN GATE PARKWAYNAPLES, FLORIDA 34105PHONE: 239.403.6700 FAX: 239.261.1797EMAIL: INFO@PEN-ENG.COMWEBSITE: WWW.PEN-ENG.COM_____________________________________________LANCE T MILLERPROFESSIONAL SURVEYOR AND MAPPER, #LS5627SEPTEMBER 13TH, 2023DATECERTIFICATE OF AUTHORIZATION #LB- 8479NOT VALID WITHOUT THE SIGNATURE AND THEORIGINAL RAISED SEAL OR DIGITAL SEAL OF AFLORIDA LICENSED SURVEYOR AND MAPPER.NO OTHER PERSON OR ENTITY MAY RELY UPON THISEXHIBIT.THIS EXHIBIT IS ONLY FOR THE LANDS AS DESCRIBED.IT IS NOT A CERTIFICATE OF TITLE, ZONING,EASEMENTS OR FREEDOM OF ENCUMBRANCES.SYMBOL LEGEND: = CLEANOUT = GRATE INLET = GUY ANCHOR = WOOD POWER POLE = CONCRETE POWER POLE = ELECTRIC PANEL = HANDHOLE = LIGHT POLE = ELECTRIC MANHOLE = ELECTRIC METER POLE = ELECTRIC RISER = TRANSFORMER PAD = CABLE RISER = GAS RISER = TELEPHONE RISER = TELEPHONE MANHOLE = WATER BLOW-OFF = FIRE HYDRANT = GATE VALVE = WELL = WATER METER = WATER RISER = MAILBOX = PILING = SIGNLEEFCGTTWP0SCALE IN FEETSCALE: 1"=30'20403.A.jPacket Pg. 89Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm 659 PALM AVENUE GOODLAND VARIANCE ROOF OVERHANG DETAIL AND PHOTOGRAPH 3.A.j Packet Pg. 90 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 91 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 92 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 93 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.j Packet Pg. 94 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.jPacket Pg. 95Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm PALM AVENUE(60' RIGHT-OF-WAY)LOT 3LOT 2LOT 1BLOCK C6' D.E. (O.R. 6112, PAGE 3895) 6' D.E. (O.R. 6112, PAGE 3895)LOT 6WATERWAY(50' WIDE)CCTWECTPPPPTTTTTBOATLIFTCONC.PADWOODWALKWAYWOODENSTAIRSWOODENPLATFORM/STEPSSEAWALL X X X X X X 6' PLASTICFENCE ONLOT 3(END)6' PLASTICFENCE ONLOT 3(END)ELEVATEDBOAT WINCHON CONCRETEPADS7.77.77.77.720.812.212.212.212.23.73.33.6 X X X SHEDSHED X X X SHED8.110.78.010.79.326.226.29.44' WOODENFENCE (END)6' WOODENFENCE (END)SEAWALL X X 6' PLASTICFENCE (END)11.811.823.923.8DRIVEWAY(PAVERS)DRIVEWAY(PAVERS)FOUNDNAIL & DISKILLEGIBLE0.31' N.E.4.07.14.1FOUNDNAIL & DISKILLEGIBLE2-STORY STRUCTURE 659 PALM AVENUE RAISED WOODPLATFORM(CONCRETEUNDERNEATH)COVEREDLANAIA/C PAD (3.85'x3.85')DRIVEWAY(PAVEMENT)CONCRETE CONCRETE CONCRETEPATIOCONCRETE LOT 4 1-STORY MOBILE HOME 657 PALM AVENUE DRIVEWAY(PAVEMENT)GRAVELGRAVELGRASSGRASS5.7'5.8'CONCRETE 4' PLASTIC FENCE4' PLASTIC FENCE 1.2'1.2'FOUND NAIL(ILLEGIBLE)(0.59' N.W.)6' D.E.6' D.E.CONCRETEDRIVEWAY(CONCRETE)DRIVEWAY(CONCRETE)PLANTERCONCRETEPOOL ONTOP OFCONCRETESLABCONCRETE 12.5'12.1'WOODENPLATFORM12.03.511.93.8LOT 5 1-STORY MOBILE HOME 655 PALM AVENUE SCREENED COVERED LANAI WOOD TIKI STRUCTURE WITH 10" WOOD POSTS (6 TO T A L )10.014.910.0EDGE OF PAVEMENTEDGE OF PAVEMENT9.020.219.924.824.48.3GRASSGRASSGRASS GRASS WOODENSTEPSFOUNDNAIL & DISK(ILLEGIBLE)(0.43' N.W.)BOATWINCHWOOD TIKI STRUCTURE F.I.P. & CAPLB #68960.39' S.E.F.I.P. & CAPLB #6896F.I.P. & CAPLB #1126(0.2' N.W.)58.2' 58.2'27.3'27.4'24.7' 24.5'10.3'10'6' 6.3'3.1'2.9'1.4'1'7.3' 7.3'0.9'0.7'23.4' 23.4' 23.4'21.3'21'24.3' 24.2'12.2'2'2.1'FOUNDCONCRETEMONUMENT(ILLEGIBLE)(0.21' N.W.)4' WOODENFENCE21.6'L1L2L3L4L5L6 L7' X X X ' X X X X X XXXXXXPCCCCCCCCCCCCCCCL8L9 L10 LINE TABLE (MEASURED VALUES)LINE #L1L2L3L4L5L6L7L8L9L10LENGTH44.7995.0245.0344.9844.9795.3444.9944.8294.9695.50BEARINGS84°48'01"WN4°55'26"WN84°52'42"EN84°25'12"EN85°25'37"EN4°41'56"WS85°13'13"WS85°06'37"WN4°46'46"WN4°41'02"WLINE TABLE (PLAT VALUES)LINE #L1L2L3L4L5L6L7L8L9L10LENGTH45.0095.0045.0045.0045.0095.0045.0045.0095.0095.00BEARINGS85°17'17"WN4°42'43"WN85°17'17"EN85°17'17"EN85°17'17"EN4°42'43"WS85°17'17"WS85°17'17"WN4°42'43"WN4°42'43"WOVERHEADPOWER LINEOVERHEADPOWER LINE13.5' TOWATER SIDE FACEOF SEAWALL13.6' TOWATER SIDE FACEOF SEAWALL12.9' 13.5'47.522.548.810.41.212.011.747.811.747.8BLOCK C13' 13.6'S-P-DBLM-001-OVERALL.dwgOFREV. REVISIONSHEET #: DRAWING NO.:CLIENT:Vertical Scale:Horizontal Scale:Date:Drawn by:Fieldwork by:Fieldbook/Page:PROJECT NO.TITLE:APPROVED:[Save Date: 9/15/2023 2:10:12 PM] [Saved By: CLopera] [Plot Date: 9/15/2023 2:41:42 PM] [Plotted By: Camilo Lopera] [Original Size: 11x17] [Drawing Path: S:\Goodland\drawing\S-P-DBLM-001-OVERALL.dwg]PENINSULA ENGINEERINGP-DBLM-00111MAP OF BOUNDARY SURVEY09/13/20231" = 20'N.T.S.P-023/22, 23, 33S.D.C.A.C.L.GENERAL NOTES:xBEARINGS ARE BASED ON THE COMMON LINE BETWEEN LOTS 3 AND 4, BEING NORTH 04°46'46" WEST.xELEVATIONS ARE BASED ON NORTH AMERICANVERTICAL DATUM, 1988, (N.A.V.D.)xLINES SHOWN OUTSIDE OF THE LAND DESCRIBEDARE FOR REFERENCE USE ONLY AND WERE NOTSURVEYED.xPROPERTY LIES WITHIN FLOOD ZONE AE9 PERFLOOD INSURANCE RATE MAP COMMUNITY PANEL#12021 C0842H, DATED MAY 16, 2012.LEGEND:D.E. = DRAINAGE EASEMENTEL. & ELEV. = ELEVATIONF.P.L. = FLORIDA POWER & LIGHTO.R. = OFFICIAL RECORDS BOOKP.B. = PLAT BOOKPG. = PAGER.O.W. = RIGHT-OF-WAYP = PLAT, M = MEASURED, C = CALCULATED, F = FIELD(S.I.P.)SET 5/8" IRON PIN & CAP STAMPED LB-8479(F.I.P.) FOUND IRON PIN & CAP STAMPED AS SHOWN(S.C.M.) SET 4" X 4" CONCRETE MONUMENT 24" LONGSTAMPED LB-8479(F.C.M.) FOUND CONCRETE MONUMENT(S.N.D.) SET PK NAIL & DISK STAMPED LB-8479(F.N.D.) FOUND PK NAIL & DISK STAMPEDOF LOTS 3, 4, AND 5, GOODLAND ISLESFIRST ADDITION, PLATBOOK 8, PAGES 1-2, PUBLICRECORDS OF COLLIER COUNTY, FLORIDALANCE T MILLER, P.S.M. #LS5627MAP OF BOUNDARY SURVEY OF LOTS 3, 4, AND 5,GOODLAND ISLES FIRST ADDITION, PLAT BOOK 8,PAGES 1-2, COLLIER COUNTY, FLORIDA.PREPARED FOR: PENINSULA ENGINEERINGPENINSULA ENGINEERING2600 GOLDEN GATE PARKWAYNAPLES, FLORIDA 34105PHONE: 239.403.6700 FAX: 239.261.1797EMAIL: INFO@PEN-ENG.COMWEBSITE: WWW.PEN-ENG.COM_____________________________________________LANCE T MILLERPROFESSIONAL SURVEYOR AND MAPPER, #LS5627SEPTEMBER 13TH, 2023DATECERTIFICATE OF AUTHORIZATION #LB- 8479NOT VALID WITHOUT THE SIGNATURE AND THEORIGINAL RAISED SEAL OR DIGITAL SEAL OF AFLORIDA LICENSED SURVEYOR AND MAPPER.NO OTHER PERSON OR ENTITY MAY RELY UPON THISEXHIBIT.THIS EXHIBIT IS ONLY FOR THE LANDS AS DESCRIBED.IT IS NOT A CERTIFICATE OF TITLE, ZONING,EASEMENTS OR FREEDOM OF ENCUMBRANCES.SYMBOL LEGEND: = CLEANOUT = GRATE INLET = GUY ANCHOR = WOOD POWER POLE = CONCRETE POWER POLE = ELECTRIC PANEL = HANDHOLE = LIGHT POLE = ELECTRIC MANHOLE = ELECTRIC METER POLE = ELECTRIC RISER = TRANSFORMER PAD = CABLE RISER = GAS RISER = TELEPHONE RISER = TELEPHONE MANHOLE = WATER BLOW-OFF = FIRE HYDRANT = GATE VALVE = WELL = WATER METER = WATER RISER = MAILBOX = PILING = SIGNLEEFCGTTWP0SCALE IN FEETSCALE: 1"=30'20403.A.jPacket Pg. 96Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm 1 Chris Scott From:Daniel Roman <Daniel.Roman@colliercountyfl.gov> Sent:Monday, October 23, 2023 2:53 PM To:Chris Scott Cc:Richard Orth; Derek Perry; Diane Lynch; Beth Johnssen Subject:PL20220005415 Palm Avenue Goodland EUA - Letter of No Objection Attachments:Survey.pdf; OR Book 6112 PG 3895-3898.pdf Importance:High Chris, The Stormwater Management SecƟon has reviewed the documents explaining the exisƟng encroachments in the a plated 6-foot-wide drainage easement (DE) along the east property line of lot 3 block C, and the plated 6-foot-wide drainage easement (DE) along the west property line of lot 4 block C of the Goodland Isle Plat (plat book 8 page 1). Staff has also reviewed the encroachments into the recently recorded 12-foot DEs between lots 4 and 5 block C (6-foot-wide DE on each side of the lots) of the Goodland Isles Plat (plat book 8 page 1). The Stormwater Management Sec Ɵon does not object to the encroachments into the plaƩed DE as there is no stormwater infrastructure within said easement and an equal DE replacement between lots 4 and 5 block C of the Goodland Isles Plat (plat book 8 page 1) has been recorded (OR 6112; PG 3895-3898); where stormwater drainage infrastructure currently exists. Staff recognizes that the recently recorded DEs between lots 4 and 5 block C have exis Ɵng encroachments that are tolerable for the performance of maintenance and other related acƟviƟes and do not object to these encroachments. However, an Easement Use Agreement (EUA) is needed as it will allow for the County to request removal of these at the owner’s expense. Please consider this e-mail as a LeƩer of No ObjecƟon (LONO) for the EUA ApplicaƟon no PL20220005415. Only the encroachments listed below are being allowed, the EUA will be rescinded, and all encroachments shall be removed, if addiƟonal encroachments are placed in the DE’s in the future: Encroachments within the plaƩed Drainage Easement (PB 8; PG 1-2): 1. Two-Story Structure (Tiny House) on Lot 3 encroaches 0.3’ into the 6’ DE 2. Six-foot Plastic Fence on Lot 3 adjacent to property line 3. Raised Wood Platform on Lot 3 with concrete underneath 4. 7.7’ x 7.7’ Shed on Lot 4 encroaches 4.8’ into the 6’ DE 5. Elevated Boat Winch on concrete pads on Lot 4 6. Concrete patio, driveway pavers, and transformer pad on Lots 3 and 4 Encroachments within the Drainage Easement (OR 6112; PG 3895-3898): 1. 12.2’ x 12.2’ Shed on Lot 4 encroaches 3.1’ into the 6’ DE 2. 4’ Wooden Fence on Lot 4 adjacent to property line 3. 4’ Plastic Fence on Lot 5 adjacent to property line 4. 8’.0’ x 10.7’ Shed on Lot 5 encroaches 5.3’ into the 6’ DE 5. 9.4’ x 26.2’ Wood Tiki Structure encroaches 5’ into the 6’ DE 6. Concrete patio, electrical pole and landscaping on Lots 4 and 5 Regards, Daniel J. Roman, PE PMP Project Management Supervisor Stormwater Management 3.A.j Packet Pg. 97 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 2 Transportation Management Services Department Capital Project Planning, Impact Fees & Program Management 2685 South Horseshoe Dr., Suite 103, Naples, Florida 34104 Office: 239-252-5181 Cell: 239-359-8445 Daniel.Roman@colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 3.A.j Packet Pg. 98 Attachment: Attachment I - HEX Backup Package PL20180003496 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) &ƌŽŵ͗:ŽŚŶ<ĞůůǇ ^ĞŶƚ͗&ƌŝĚĂǇ͕ĞĐĞŵďĞƌϮϵ͕ϮϬϮϯϭ͗ϬϬWD dŽ͗:ŽŚŶ<ĞůůǇ ^ƵďũĞĐƚ͗sͲW>ϮϬϭϴϬϬϬϯϰϵϲͲϲϱϵWĂůŵǀĞͲWƵďůŝĐ,ĞĂƌŝŶŐ^ŝŐŶWŽƐƚŝŶŐ ϭϮϮϭϮϬϮϯ ƚƚĂĐŚŵĞŶƚƐ͗WŚŽƚŽϭ͘ũƉŐ͖WŚŽƚŽϮ͘ũƉŐ /͕:ŽŚŶ<ĞůůǇ͕ƉĞƌƐŽŶĂůůǇƉŽƐƚĞĚƚŚĞƌĞƋƵŝƌĞĚƐŝŐŶĂĚǀĞƌƚŝƐŝŶŐĂWƵďůŝĐ,ĞĂƌŝŶŐĨŽƌƚŚĞƐƵďũĞĐƚƉƌŽũĞĐƚƚŽ ƚŚĞĨƌŽŶƚŽĨƚŚĞƐƵďũĞĐƚĂĚĚƌĞƐƐĂƚϯ͗ϯϮW͘D͘ŽŶĞĐĞŵďĞƌϮϭ͕ϮϬϮϯ͕ĂƐĞǀŝĚĞŶĐĞĚďǇƚŚĞĂƚƚĂĐŚĞĚ ƉŚŽƚŽŐƌĂƉŚƐ͘ ZĞƐƉĞĐƚĨƵůůǇ͕ John Kelly 3ODQQHU,,, Zoning Division – Zoning Services Section Growth Management Community Development Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountyfl.gov 7HOOXVKRZZHDUHGRLQJE\WDNLQJRXU=RQLQJ'LYLVLRQ6XUYH\DWŚƚƚƉ͗ͬͬďŝƚ͘ůǇͬŽůůŝĞƌŽŶŝŶŐ 8QGHU)ORULGD/DZHPDLODGGUHVVHVDUHSXEOLFUHFRUGV,I\RXGRQRWZDQW\RXUHPDLODGGUHVVUHOHDVHG LQUHVSRQVHWRDSXEOLFUHFRUGVUHTXHVWGRQRWVHQGHOHFWURQLFPDLOWRWKLVHQWLW\,QVWHDGFRQWDFWWKLV RIILFHE\WHOHSKRQHRULQZULWLQJ 3.A.k Packet Pg. 99 Attachment: Attachment J - Public Hearing Sign Posting 12212023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 3.A.k Packet Pg. 100 Attachment: Attachment J - Public Hearing Sign Posting 12212023 (27574 : PL20180003496 VA 659 Palm Ave Double M Investments llc) 01/11/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Doc ID: 27575 Item Summary: Petition No. BDE-PL20230007149 – 9380 Gulf Shore Drive - Request for a 103-foot boat dock extension from the maximum 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code for waterways 100 feet or greater in width to allow a new private multi -family boat docking facility with 12 slips, for vessels of up to 35 feet in length, that will protrude a total of 123 feet into a waterway that is 1,695± feet wide. The subject property is located at 9380 Gulf Shore Drive, also known as the Watermark, a Condominium in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 Meeting Date: 01/11/2024 Prepared by: Title: Planner – Zoning Name: John Kelly 12/20/2023 5:16 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 12/20/2023 5:16 PM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Completed 12/27/2023 4:33 PM Growth Management Community Development Department David Merino GMD Approver Skipped 12/28/2023 1:02 PM Zoning Ray Bellows Review Item Completed 12/28/2023 1:28 PM Zoning James Sabo Review Item Skipped 12/29/2023 11:08 AM Zoning Mike Bosi Division Director Completed 01/02/2024 8:32 AM Hearing Examiner (GMD Approvers) David Merino Review Item Completed 01/02/2024 3:37 PM Hearing Examiner Andrew Dickman Meeting Pending 01/11/2024 9:00 AM 3.B Packet Pg. 101 BD-PL20230007149 – Watermark Condominium Page 1 of 8 December 18, 2023 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: JANUARY 11, 2024 SUBJECT: BD-PL20230007149, WATERMARK CONDOMINIUM DOCK FACILITY _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Watermark Condominium Association, Inc. of Naples Jeff Rogers 9380 Gulf Shore Dr. Turrell, Hall & Associates, Inc. Naples, FL 34108 3584 Exchange Ave. Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 103-foot boat dock extension from the maximum 20 feet allowed by Section 5.03.06.E.1 of the Land Development Code (LDC) for waterways 100 feet or greater in width to allow a new private multi-family boat docking facility with 12 slips for vessels of up to 35 feet in length, that will protrude 123 feet into a waterway that is 1,695± feet wide. GEOGRAPHIC LOCATION: The subject property is located at 9380 Gulf Shore Drive, also known as the Watermark, a Condominium, in Section 32, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The proposed Boat Dock Extension is for a multi-family dock facility related to the upland Watermark Condominiums which comprises 1.38 acres and 22 property owners. The subject waterway is unmarked, man-altered, and part of Vanderbilt Lagoon, which is a mix of state and non-state lands due to historical dredge and fill operations; as the State has claimed most of the bottom lands beneath the proposed dock facility, a submerged land lease has been obtained. The subject 304-foot shoreline is comprised of riprap and vegetation; therefore, the Mean High-Water Line (MHWL) is the most restrictive point for the determination of protrusion. As proposed, the (Continued on Page 4) 3.B.a Packet Pg. 102 Attachment: Staff Report 12182023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Page 2 of 8 BD-PL20230007149 – Watermark Condominium December 18, 2023 3.B.aPacket Pg. 103Attachment: Staff Report 12182023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark BD-PL20230007149 – Watermark Condominium Page 3 of 8 December 18, 2023 SURROUNDING LAND USE & ZONING: North: Sausalito of Naples Condominiums within a Residential Tourist District (RT) and the Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO) East: Vanderbilt Lagoon (waterway) then single-family dwellings within a Single- Family-3 (RSF-3) Zoning District South: Gulf Pointe Condominiums within the RT-VBRTO West: Gulf Shore Drive (Right-of-Way) then Vanderbilt Beach & Harbor Club Condominiums located within the RT-VBRTO Aerial – Collier County GIS 3.B.a Packet Pg. 104 Attachment: Staff Report 12182023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) BD-PL20230007149 – Watermark Condominium Page 4 of 8 December 18, 2023 Purpose/Description of Project (Continued from Page 1) dock facility will have 12 slips, each with a boatlift, to accommodate vessels up to 35 feet in length. The dock will protrude 103 feet beyond the maximum allowable 20 feet for a total protrusion of 123 feet into a waterway that is 1,695 feet wide directly opposite the subject boat dock facility. Said facility was specifically located at the widest portion of the waterway. The required side/riparian setback is 15 feet; as proposed, the dock facility will be 30 feet from the southern side/riparian line and 183 feet from the northern side/riparian line. The proposed dock facility will have no impact on normal navigation and will not interfere with ingress/egress to neighboring dock facilities. ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The proposed dock is located within the Vanderbilt Channel. The proposed docking facilities will be constructed waterward of the existing rip-rap shoreline. The shoreline does contain native vegetation, the mangroves present will not be impacted by the proposed dock. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet page 9 of 13 provides an aerial with a note stating that no seagrasses were observed within 200 feet. The applicant has obtained a Manatee Consistency Determination (PL20230012349), which determined the proposed project is considered preferred by the manatee protection review criteria. The proposed twelve (12) wet slips are consistent with the Collier County Manatee Protection plan and LDC Section 5.03.06.2.f. This project does not require an Environmental Advisory Council (EAC) review because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1.Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 3.B.a Packet Pg. 105 Attachment: Staff Report 12182023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) BD-PL20230007149 – Watermark Condominium Page 5 of 8 December 18, 2023 Criterion met. Private docks and boathouses are listed as permitted accessory uses within the RT zoning district, subject to LDC Section 5.03.06; Marinas are also an allowable accessory use within the VBRTO subject to Section 5.05.02. Proposed is a private multi- family boat docking facility with 12 slips for a condominium with 22 residential dwelling units. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. The applicant’s agent states: “The proposed boat dock project is to construct a new docking facility for the upland development, which will require it to extend out far enough past the rip-rap shoreline and mangrove fringe to accommodate the vessels. There is riprap along the entire subject property shoreline as well as two large areas of mangroves, which are all indicated on the attached certified survey. Additionally, the survey has water depths which indicate that depths are shallow within the allowed 20 feet and therefore the vessels and dock need to extend out to avoid impacts.” Based upon the provided cross-section and provided Specific Purpose Survey depicting water levels, staff concurs. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel, thus impeding vessel traffic in the channel.) Criterion met. The proposed dock facility has been located to be at the widest portion of the waterway which is 1,695 feet at the subject location; additionally, there are no marked channels within this portion of the Vanderbilt Lagoon. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The subject canal is 1,695 feet wide, MHWL to MHWL, at the subject location, and there are no dock facilities directly opposite the proposed facility. Therefore, the proposed dock will occupy 7.26 percent of the subject waterway, and 92.74 percent of the waterway will remain open for navigation. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 3.B.a Packet Pg. 106 Attachment: Staff Report 12182023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) BD-PL20230007149 – Watermark Condominium Page 6 of 8 December 18, 2023 Criterion met. The proposed dock facility has been situated at the widest portion of the subject waterway. Additionally, the facility provides twice the required setback distance to the south (30 feet) and over six times the requirement to the north (183 feet). Given that neighboring docks also have a minimum side setback, there should be no navigational issues resulting should the proposed facility be approved. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant’s agent states: “The subject property has a rip-rap shoreline along the entire 304 linear feet with two large areas of mangroves and other vegetation mixed within. The proposed docking facility was laid out to preserve/avoid the mangrove areas which results in the docks being pushed further out into the waterway to fully avoid. Additionally, the width of the waterway and the fact the entire waterway is open for navigation allows for a dock to protrude out as being proposed and not being past the allowed 25% width of waterway.” Staff concurs and further finds that the fact this is a private multi-family docking facility also serves as a special condition in and of itself as both the LDC and the Manatee Protection Plan (MPP) allow one slip per dwelling unit; the total number of dwelling units is 22. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The applicant’s agent states: “The proposed docking facility has been fully minimized and still provides deck area for routine maintenance, safe access as well as recreational activities like fishing. The total over-water square footage is 2,557 square feet.” Staff concurs and, therefore, finds this criterion to be satisfied. 3. For single-family dock facilities, whether the length of the vessel or vessels in combination described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) Not Applicable. The proposed docking facility is a multi-family docking facility. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) 3.B.a Packet Pg. 107 Attachment: Staff Report 12182023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) BD-PL20230007149 – Watermark Condominium Page 7 of 8 December 18, 2023 Criterion met. The applicant’s agent states: “There are no major impacts to either adjacent property owner as their view will basically remain unchanged. Additionally, the mangroves will also provide additional coverage.” Staff concurs and further finds that the subject condominium is four habitable levels over parking and the neighboring condominiums to both the north and south are each three habitable floors over parking. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. There are no seagrass beds present on the property nor the neighboring properties within 200 feet of the existing dock structure. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion met. The applicant’s agent states: “The subject property is subject to the Collier County MPP. As proposed, the subject dock facility should be considered a Preferred Site.” Staff further notes that a manatee consistency determination has been completed for the proposed multi-slip docking facility per LDC Section 5.03.06.E.11, PL20230012349. The Manatee Protection Plan (MPP) review results in a Preferred ranking and concludes by stating the following: “Under Preferred Ranking, new boat slip density would be allowed at 18 slips per 100 feet of shoreline. The application states there are 304 linear feet of shoreline, which would equate to 55 slips allowed (304 linear feet x 18 slips/100). The applicant is proposing 12 wet slips, which is less than the maximum boat slip limit; therefore, the project is consistent with the MPP.” Staff analysis finds this request complies with four of the five primary criteria and five of the six secondary criteria, with Criterion #3 being not applicable as the proposed is a multi-family dock facility. As of the time this staff report was drafted, no public objections or other correspondence had been received. CONCURRENT LAND USE APPLICATIONS: An Insubstantial Change to SDP-89-120, SDPI-PL20230011365, is presently under review to accommodate the dock facility changes proposed within this BDE request. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she may proceed with construction at 3.B.a Packet Pg. 108 Attachment: Staff Report 12182023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) BD-PL20230007149 – Watermark Condominium Page 8 of 8 December 18, 2023 his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BD- PL20230007149 in accordance with the Proposed Dock Plans provided within Attachment A, subject to the following Condition of Approval: 1. The applicant must provide a Manatee Awareness and Protection Plan consistent with LDC Section 5.03.06.E.11 before approval of the building permit for the proposed docking facility. Attachments: A. Proposed Dock Plans B. Specific Purpose Survey C. MPP Analysis PL20230012349 D. Zoning Atlas 8532N E. SDPI-PL20220008960 – Pending Approval F. Applicant’s Backup; Application and Supporting Documents G. Attachment G – Public Hearing Sign Posting 3.B.a Packet Pg. 109 Attachment: Staff Report 12182023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.256952<> LONGITUDE:W -81.822757SITE ADDRESS:<> 9380 GULF SHORE DR NAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg LOCATION MAP 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-07-2321109RMJ3225WATERMARK CONDOLOCATION MAP48----09-20-23----JR----SHTS 05-07,10----01 OF 13COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.B.bPacket Pg. 110Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr NESW0200400800SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg OVERALL 1940 HISTORIC AERIAL WITH SHORELINE 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOOVERALL 1940 HISTORIC AERIAL WITH SHORELINE48-------------------02 OF 131940SHORELINEPROPERTYBOUNDARYCURRENT MHWLPRE-EMTPED NOTES:<> ALLOWED PRE-EMPTED SF = 9,441<> PROPOSED PRE-EMPTED AREA = 7,565CURRENT MHWLIN 1940 AS LAND3.B.bPacket Pg. 111Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 1940 HISTORIC AERIAL WITH SHORELINE 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDO1940 HISTORIC AERIAL WITH SHORELINE48-------------------03 OF 13·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'1940SHORELINEPROPERTYBOUNDARYCURRENT MHWL69'123'45'12'16'40'PRE-EMTPED NOTES:<> ALLOWED PRE-EMPTED SF = 9,441<> PROPOSED PRE-EMPTED AREA = 7,565CURRENT MHWLIN 1940 AS LANDCURRENT MHWL IN 1940 AS WATER AREA: 236'(CALCULATION: 236' X 40 = 9,441 SF ALLOWABLEPRE-EMPTED AREA)3.B.bPacket Pg. 112Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr NESW0100200400SCALE IN FEETSITE ADDRESS:,9380 GULF SHORE DRNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg EXISTING CONDITIONS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOEXISTING CONDITIONS48-------------------04 OF 13·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'461'TOE OFRIPRAPTOP OFRIPRAPMHWLMANGROVESPROPERTYBOUNDARYRIPARIANLINERIPARIANLINE1695'3.B.bPacket Pg. 113Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW02550100SCALE IN FEETPROPOSEDFIXED DOCKTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg DOCK PLAN 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ09-20-2321109-3225WATERMARK CONDODOCK PLAN48-------------------05 OF 13·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'25572557123'MHWLMANGROVESRIPARIANLINEPROPERTYBOUNDARY30'189'183'MANGROVESRIPRAPRIPARIANLINE3.B.bPacket Pg. 114Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr TENNISCOURTSPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECK4.934.91- 1 . 7 4 . 1 3 . 6 1.82.42 . 6 -0.30.12.7 -0.73.95 . 0 P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg DOCK PLAN - DIMENSIONS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109RMJ3225WATERMARK CONDODOCK PLAN - DIMENSIONS48----09-20-23----JR----ADDED DIMENSIONS----06 OF 13·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'25572557123'121'5'12'12.5'12.5'12.5'12.5'12.5'12.5'12.5'12'12.5'12.5'12.5'12.5'12.5'5'10'13'26'26'13'TOE OFRIPRAPTOP OFRIPRAPMHWLMANGROVESRIPRAPELEVATIONSREFERENCEDTO NAVD 88AA08RIPARIANLINEPROPERTYBOUNDARY12345678910111235'35'100'43'8'8'PROPOSEDFIXED DOCK123'56'5'5'30'SLIP MATRIXSLIP #LENGTH (LF)WIDTH (LF)QUANTITY1-123512.512183' SETBACKTO NORTHRIPARIAN LINE26'189' SETBACKTO NORTHRIPARIAN LINE3.B.bPacket Pg. 115Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr TENNISCOURTSPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECK4.934.91- 1 . 7 4 . 1 3 . 6 1.82.42 . 6 -0.30.12.7 -0.71.7-2.2-0.63.9-1.6-3.1- 3 . 2 - 4 . 8 -5.4-5.7-6.0-6.1-6.3- 6 . 4 -6.3-6.2- 6 . 2 -6.2- 6 . 1 -6.1- 6 . 0 -6.0-2.6-3.1- 3 . 5 -4.5- 5 . 5 - 5 . 7 -5.9-6.1-6.1- 6 . 2 - 6 . 2 -6.1-6.1- 6 . 1 - 6 . 1 - 6 . 0 -1.6-1.9- 2 . 8 -5.5- 5 . 4 -5.8- 5 . 9 - 5 . 9 - 6 . 0 - 6 . 0 - 6 . 1 - 6 . 1 - 6 . 1 - 6 . 0 - 6 . 0 - 6 . 0 -6.0-0.1- 0 . 9 - 2 . 1 - 3 . 3 -4.6-4.7- 5 . 7 - 5 . 9 - 6 . 0 -6.1- 6 . 1 -6.1-6.25 . 0 P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg DOCK PLAN - DEPTHS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109RMJ3225WATERMARK CONDODOCK PLAN - DEPTHS48----09-20-23----JR----REMOVED SETBACK LINE----07 OF 13TOE OFRIPRAPTOP OFRIPRAPMHWLMANGROVESDEPTHSREFERENCEDTO MLWRIPRAPELEVATIONSREFERENCEDTO NAVD 88123456789101112·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'25572557123'SLIP MATRIXSLIP #LENGTH (LF)WIDTH (LF)QUANTITY1-123512.5123.B.bPacket Pg. 116Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr - 5 .7 - 5 . 9 - 6 . 1 - 6 . 1 - 6 . 2 - 6 . 2 -2 . 2 - 3 . 1 - 4 .5 - 5 .50102040SCALE IN FEET12.5'12.5'12.5'5'12.5'12.5'5'12.5'5'123'FIXED DOCK(TYP)MHW = +0.28' NAVDMLW =-1.31' NAVDALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATEBOAT LIFT(TYP)ACCESSDOCKTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg CROSS SECTION 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOCROSS SECTION48-------------------08 OF 133.B.bPacket Pg. 117Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr MANGROVESTENNISCOURTEND OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINESPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECK1989 COASTAL CONSTRUCTIONCONTROL LINEP:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW03060120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg SUBMERGED RESOURCE SURVEY 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOSUBMERGED RESOURCE SURVEY48-------------------09 OF 13PROPERTYBOUNDARYTRANSECTTYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWING WITHIN 200FT OF THE PROPOSED PROJECT300'200'10'3.B.bPacket Pg. 118Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr MANGROVES TENNISCOURT END OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINE SPA EXISTINGPOOL EXISTINGPOOL DECK EXISTINGPOOL DECK1989 COASTAL CONSTRUCTIONCONTROL LINEP:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023N E S W0100 200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg ADJACENT DOCKS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109RMJ3225WATERMARK CONDOADJACENT DOCKS48----09-20-23----JR----ADDED DIMENSION----10 OF 13PROPERTYBOUNDARY97'47'33'38'28'75'74'123'69'94'94'53'57'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.97'97'PERMITTEDDOCKSPROPOSEDDOCKS56'3.B.bPacket Pg. 119Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr MANGROVESTENNISCOURTEND OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINESPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECK1989 COASTAL CONSTRUCTIONCONTROL LINEP:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg WIDTH OF WATERWAY 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOWIDTH OF WATERWAY48-------------------11 OF 13PROPERTYBOUNDARY461'RIPARIANLINERIPARIANLINE1695'1564'1186'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.3.B.bPacket Pg. 120Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg FLUCFCS MAP 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOFLUCFCS MAP48-------------------12 OF 13612E4PROPERTYBOUNDARY612E21343511FLUCFCSDESCRIPTIONAREA(AC)1343CONDOMINIUM UNITS0.96511NATURAL RIVER, STREAM, WATERWAY0.29612E2MANGROVE SWAMPS (EXOTICS 25-50%)0.05612E4MANGROVE SWAMPS (EXOTICS75-100%)0.08TOTAL1.38UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):1.380.960.13·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."COASTAL ENGINEERING CONSULTANTS, INC."11-23-22WATER (ACRES):0.293.B.bPacket Pg. 121Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr !¤ !¤!¤ !¤ !¤ !¤ !¤ !¤ !¤ !¤ !¤ PINE RIDGE RD TAMIAMI TRL NGOODLETTE-FRANK RD NI75Turrell, Hall & Associates, Inc.Marine & Environmental Consulting 3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632 WATERMARK CONDOMANATEE MORTALITY MAP ¯ 0 1.6 3.2Mi Man ate e data p ro vided by:Florida Fish an dWildlife Conservation Commission 6% (11 ou t of 18 8) o f watercraft-related man ate e mortalities in Co llier Co unty from1974 to Present a re with in a 5 mileradius of the subje ct property. DRAWN BY: CREATED: JOB NO.: REVISION: SHEET:SECTION- TOWNSHIP- RANGE-32 48S 25E RMJ 06-30-23 21109 N/A N/A N/A P:\21109.00 Watermark Dock OwnersAssoc\GIS\21109_ManateeMort-CNTY.mxd FILE PATH: SCALE:1 "=1.5 mi 13 OF 13 Legend !¤Ma natee Bo at Re la te d Deaths from 1 974 -Present Subject Prope rty 5 Mile Buffer 3.B.b Packet Pg. 122 Attachment: Attachment A - Proposed Dock Plans (27575 : PL20230007149 BD 9380 Gulf Shore Dr 3. 5 5 3.503.444.934.912 . 1 14.214.384.043.773.87 -1.74.13.61 . 8 2. 4 2.62.41 . 8 2.60 . 7 3.63.23.52.81 . 31.21.04 . 6 X-0.3-0.3-0.3-2.5-1.4- 1 . 0 -2.6- 3 . 3 - 1 . 7 - 2 . 8 - 2 . 3 - 1 . 4 - 1 . 3 -2.9- 2 . 1-1.40.10.82. 0 2 . 73.6- 3 . 2 - 2 . 7 - 1 . 7-0.7- 4 . 8 - 3 . 9-3.0-2.2-1.9-4.4-2.54 . 3 3.92.10.44 . 4 4.34.22.80 . 9 3.63.31. 0 -0.3- 1 . 5 3.11. 8 0 . 8 0.60.23.93.62.01 . 6 1 . 1 -1.20. 40.40.30 . 3 0. 4 0.30.30.30.30.30.40. 4 0.40.2S81°35'30"E 200.00'(D)S81°52'29"W 200.00'(S)N08°24'30"W 300.00'(D)N08°02'43"W 300.00'(S)N08°24'30"W 300.00'(D)N08°02'43"W 299.72'(S)S81°35'30"E 200.00'(D)S81°57'17"W 200.00'(S)NORTH HALF OFLOT VIILOT VIIISOUTH HALF OFLOT IXNORTH HALF OFLOT IXSOUTH HALF OFLOT XTHE WATERMARK,A CONDOMINIUM9380 GULF SHORE DRIVE(O.R. BOOK 1593, PAGE 1450)EXISTING RESIDENTIALSTRUCTUREGULF SHORE DRIVE70' RIGHT OF WAYVANDERBILT LAGOONPLATTED WATERWAY WIDTH = 300'MEASURED WATERWAY WIDTH = 400'±MANGOVESMANGOVESTENNISCOURTBRICKPAVERDRIVEBRICKPAVERDRIVEMEAN HIGH WATER LINELOCATED 11/23/22TOE OFRIP RAPTOP OFRIP RAPEND OF SEAWALLIS 1.0' NORTH OFPROPERTY LINEEND OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINESPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECKFLOOD ZONE AEELEVATION 11.0FLOOD ZONE AEELEVATION 12.0FLOOD ZONE AEELEVATION 12.0FLOOD ZONE VEELEVATION 13.01989 COASTAL CONSTRUCTIONCONTROL LINEBENCHMARKSET PK NAIL AND DISCSTAMPED CEC LB 2464ELEVATION = 3.55 NAVDBENCHMARKSET 5/8" IRON PIN AND CAPSTAMPED CEC LB 2464ELEVATION = 4.02 NAVDEXISTING DOCKSEXISTING DOCKS5.0-2.9-4.4-4.5- 6 . 1 - 6 . 7 -7.0- 7 . 3 -7.4-7.6- 7 . 7 -7.6- 7 . 5 -7.5-7.5-7.4-7.4- 7 . 3 -7.34 . 4 - 3 . 9 - 4 . 4 - 4 . 8 -5.8-6.8- 7 . 0 - 7 . 2 - 7 . 4 -7.4-7.5-7.5-7.4-7.4- 7 . 4 - 7 . 4 -7.3-2.9-3.2- 4 . 1 - 5 . 5 -6.7-7.1-7.2-7.2- 7 . 3 - 7 . 3 - 7 . 4 -7.4- 7 . 4 -7.3-7.3-7.3-7.3- 1 . 4 - 2 . 2 -3.4- 4 . 6 - 5 . 9 -6.9- 7 . 0 -7.2-7.3- 7 . 4 -7.4-7.4- 7 . 5 - 7 . 4 -7.4- 7 . 4 1. 0 - 1 . 3 - 1 . 4 - 2 . 1 -3.4- 4 . 7 -6.0- 6 . 9 -7.0-7.2- 7 . 3 -7.4-7.4-7.5- 7 . 5 -7.4- 7 . 4 -7.4-7.4-2.6- 3 . 5 - 4 . 6 -5.7-6.6- 6 . 9 -7.0-7.2- 7 . 4 -7.5- 7 . 6 - 7 . 6 - 7 . 6 -7.6- 7 . 5 -7.5- 3 . 2 -4.3-5.7-6.7- 6 . 9 -7.2-7.4- 7 . 4 -7.5-7.6- 7 . 6 - 7 . 6 - 7 . 6 - 7 . 6 -7.5 CLIENT: TITLE:FILE NO.:SHEET OFNO.REVISION DESCRIPTIONDATEBY COASTAL 28421 BONITA CROSSINGS BOULEVARD ENGINEERING CONSULTANTS INC. COASTAL AND MARINE ENGINEERING ENVIRONMENTAL AND GEOLOGICAL SERVICES LAND AND MARINE SURVEY AND MAPPING BONITA SPRINGS, FLORIDA 34135 PHONE: (239)643-2324 FAX: (239)643-1143 www.coastalengineering.com E-Mail: info@cecifl.com Serving Florida Since 1977 THIS DOCUMENT, AND THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY COASTAL ENGINEERING CONSULTANTS, INC. (CECI) OR ITS SUBSIDIARIES SHALL BE WITHOUT LIABILITY TO CECI OR ITS SUBSIDIARIES.FLORIDA BUSINESS AUTHORIZATION NO. LB 2464COASTAL ENGINEERING CONSULTANTS, INC.DATE OF FIELD SURVEY: 11/23/22FLORIDA CERTIFICATE NO. 5295PROFESSIONAL SURVEYOR AND MAPPERTHE ORIGINAL RAISED SEAL OF A FLORIDANOT VALID WITHOUT THE SIGNATURE ANDLICENSED SURVEYOR AND MAPPERDATE OF SIGNATURE: RICHARD J. EWING, VPCHECKED: F.B. ACAD NO. PG. DRAWN: DATE: REF. NO. SCALE: SEC.TWP.RNG.22.26911SPECIFIC PURPOSE SURVEY THE WATERMARK CONDOMINIUM ASSOCIATION, INC.1' = 20' K690 54 25E48S 22.269 22.269 12/12/22 MMW RJE 32LEGAL DESCRIPTIONPARCEL A: THE NORTH HALF OF LOT VII, ALL OF LOT VIII, AND THE SOUTH HALF OF LOT IX,BLOCK B, OF CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 1, ACCORDING TO THEPLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGES 8 AND 9, PUBLIC RECORDS OFCOLLIER COUNTY, FLORIDA, (BUT NOT INCLUDED IN SAID PLAT)ANDTHE NORTH HALF OF LOT IX AND THE SOUTH HALF OF LOT X, BLOCK B, OF CONNER'SVANDERBILT BEACH ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF, ASRECORDED IN PLAT BOOK 3, PAGES 8 AND 9, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, (BUT NOT INCLUDED IN SAID PLAT)THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 60,000 SQUARE FEET OR 1.38ACRES OF LAND.GENERAL NOTES1. = FOUND 5/8" IRON PIN NO I.D.2. BEARINGS BASED ON A GRID BEARING OF S87°58'29"W ON THE NORTH RIGHT OF WAY LINE OF CENTRAL AVENUE.3. DESCRIBED PROPERTY LIES IN FLOOD ZONE AE, ELEVATIONS 11.0 AND 12.0 PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C 0189H DATED MAY 16, 2012.4. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (N.A.V.D. 88).5. ELEVATIONS AND DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.6. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT THE DATE OF SIGNATURE.7. OTHER EXISTING IMPROVEMENTS WERE NOT LOCATED UNDER THE SCOPE OF THIS SURVEY.LEGEND(S) = SURVEY DATA(D) = DESCRIPTION DATA OF THE WATERMARK, A CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 1593, PAGE 1450, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.402010200SCALE: 1" = 20'TIDAL DATUMS AT WATER TURKEY BAYARE BASED ON FLORIDA 872 5222TIME PERIOD = 1983 - 2001ELEVATIONS OF TIDAL DATUMS ARE REFERENCED IN NAVD 1988MEAN HIGH WATER (MHW) = +0.28 FT NAVDMEAN LOW WATER (MLW) = -1.31 FT NAVDMEAN LOWER LOW WATER (MLLW) = -1.73 FT NAVDTIDAL EPOCHMEAN HIGHER HIGH WATER (MHHW) = +0.51 FT NAVDPUBLISHED TIDAL INFORMATION= APRIL 1978 - AUGUST 1978= 8725235 WIGGINS PASS, INSIDECONTROL TIDE STATION3.B.cPacket Pg. 123Attachment: Attachment B - Specific Purpose Survey (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condominium Manatee Protection Plan (PL20230012349) An analysis of the project considering the Collier County Manatee Protection Plan (MPP) has concluded the following: Vegetation Impact – For shoreline vegetation, such as mangroves, “No Impact” is defined as no greater than 5% of the native marine habitat is disturbed. For seagrasses, “No Impact” means that no more than 100 square feet of seagrasses can be impacted (Manatee Protection Plan, page 79). An analysis of shoreline vegetation was provided by Turrell, Hall and Associates. Based upon the proposed dock site plan, no impacts of shoreline vegetation are proposed. No seagrasses are present within 200 feet of the proposed docking facility located in Vanderbilt Lagoon. Overall, this factor is classified as “No Marine Impact” to Marine Habitat under the Marina Siting Criteria of the MPP. Water Depth – Adequate water depths must be greater than -4 feet Mean Low Water (MLW; Manatee Protection Plan, page 72). The current depth of the area ranges between -1.2 ft MLW to -7.9 ft MLW. The proposed slip locations will be maintained greater than -4 ft MLW. The property is adjacent to a man-made canal that has been maintenance dredged (Vanderbilt Lagoon). Therefore, this factor is classified as “Greater than 4 feet MLW” for Water Depth under the Marina Siting Criteria. Manatee Deaths – The MPP considers High Manatee Use densities to be in areas where more than 20 percent of all the watercraft-caused manatee deaths in Collier County have been found (Manatee Protection Plan, page 73). An analysis of the most recent data has 11 out of 188 (6%) watercraft-related manatee deaths within a 5-mile radius of the project site. Based upon the data the area is NOT considered “a high manatee use area” under the Marina Siting Criteria of the MPP. In summary, the above information results in no marine impact and water depths exceeding -4 feet MWL. The project’s location is a low manatee use area, the outcome results in a Preferred ranking under the MPP. Under Preferred Ranking, new boat slip density would be allowed at 18 slips per 100 feet of shoreline. The application states there are 304 linear feet of shoreline, which would equate to 55 slips allowed (304 linear feet x 18 slips/100). The applicant is proposing 12 wet slips, which is less than the maximum boat slip limit; therefore, the project is consistent with the MPP. 3.B.d Packet Pg. 124 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) MARINA SITING CRITERIA ------------------------------------------------------------------------------------------------ Water Depth Native Marine Habitat Manatee Use ========================================================================== Greater Than Less Than No Impact¹ Impact Not High High 4' MLW 4' MLW ------------------------------------------------------------------------------------------------ PREFERRED X X X MODERATE X X X MODERATE X X X MODERATE X X X PROTECTED X X X PROTECTED X X X PROTECTED X X X PROTECTED X X X ------------------------------------------------------------------------------------------------ (1) For shoreline vegetation such as mangroves, no impact is defined as no greater than 5% of the native marine habitat is disturbed. For sea grasses, no impact means that no more than 100 square feet of sea grasses can be impacted. Table 3-1 Marina Siting Criteria & Allowable Wet Slip Densities Preferred Sites. New or expanded wet slip marinas and multi-family facilities: Shall be allowed at a density of 18 boat slips for every 100 feet of shoreline. Dry Storage facilities: Expansion of existing and construction of new facilities allowed. Boat Ramps: Expansion of existing and construction of new ramps allowed. Page 79 of MPP 3.B.d Packet Pg. 125 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting 3584 Exchange Avenue ● Naples, Florida 34104-3732 ● 239-643-0166 ● Fax (239) 643-6632 ● jeff@thanaples.com July 19, 2023 Collier County Environmental Department C/O Craig Brown, Senior Environmental Specialist 2800 Horseshoe Drive Naples, FL 34104 Re: Watermark Condominium - Manatee Protection Plan Consistency Determination Dear Mr. Brown: Pursuant to our Boat Dock Extension and companion SDPI application to Collier County which proposes to construct a new docking facility for the Watermark Condominium located at 9830 Gulf Shore Drive Naples, FL 34108, further identified by folio 27481040002. As part of the counties and DEP’s review, they have asked for a Collier County Manatee Protection Plan Consistency Determination. As such please find attached the associated application along with the various exhibits indicating the proposed project scope of work and a siting analysis based on the Collier County Manatee Protection Plan (CCMPP). The subject property is an existing multi-family residential property located on Vanderbilt Lagoon. This portion of the subject waterway is a man-altered waterway which is considered state lands, has an existing rip-rap shoreline with mangroves and other vegetation and is approximately 304 linear feet of shoreline. The proposed project scope of work consists of constructing a new fixed docking facility with 12 slips and associated boatlifts with the majority of what is being proposed being located on state lands which will require a submerged land lease (SLL). As proposed the dock total square footage is approximately 2,557 sq. ft. of over-water structure and will protrude 123 feet into the subject waterway which varies in width. However, directly across from the proposed dock the waterway width is approximately 1,695 feet and therefore will be within the allowed 25% width of waterway. Additionally, the proposed dock will provide a minimum of 25-foot setbacks from each riparian line and has been designed to fully avoid impacts the mangroves along the shoreline. A bathymetric survey was also completed to verify the existing onsite and surrounding waterway depths which are attached for your reference. It is also understood that the existing navigational channel leading out to Wiggins Pass is also maintained at a depth equal to -4’ MLW. We are requesting the attached Consistency Determination package be reviewed so that Collier Count and DEP can verify we are consistent with the county MPP to then issue their permit. Please let me know if you have any questions. Regards, Jeff Rogers 3.B.d Packet Pg. 126 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) WATERMARK CONDO: SITING & CCMPP ANALYSIS Assessing the number of existing and allowed slips for Watermark Condo located in Vanderbilt Lagoon, the Collier County Manatee Protection Plan (CCMPP) was used as the basis for the analysis. To rank the site 3 criteria were analyzed below per 3.2.4 of the CCMPP using a 5-mile radius sphere of influence and a 5-mile on-water travel distance (see attached manatee mortality map). 1. ADEQUATE WATER DEPTH Adequate water depths are defined by 3.2.4 of the CCMPP as water that is greater than 4 feet Mean Low Water (MLW). Coastal Engineering provided us with a bathymetric survey with depths referenced to MLW within and around the existing waterway. This was used to verify the depths on site extending out into the waterway are adequate meaning -4’ MLW or greater, which they are. See attached bathymetric survey. Additionally, the CCMPP notes as well as confirmed on local navigational charts that depths within this area of Vanderbilt Lagoon extending out to the Gulf of Mexico are greater than -4 feet MLW making this criterion Preferred. 2. NATIVE MARINE HABITAT Section 3.2.4 of the CCMPP defines Native marine habitat as seagrass beds, salt marshes, mangroves, or other biologically productive submerged and shoreline habitats and a “no impact” determination is defined as <5% native marine habitat disturbed and <100 sf of seagrass impacts. Per the attached submerged resource survey, which was conducted on May 5, 2023, there are no seagrasses within 200-feet of the proposed docking facility. There are mangroves scattered along the shoreline which were taken into consideration with the proposed dock footprint to fully avoid. Based off this information as proposed the project would fall under a Preferred Ranking in terms of native marine habitat (see SAV Survey). 3. MANATEE ABUNDANCE Section 3.2.4 of the CCMPP defines Manatee Abundance as an area where at least 20% of all county-wide watercraft -caused manatee deaths occurred. A GIS map (attached) yielded a 6% mortality rate in our 5-mile sphere of influence and in our 5-mile water travel sphere, which falls well below the allowed 20%. Based off this data the subject waterway is not considered a high manatee use area. Additionally, there are no areas between the project and the Gulf of Mexico (> 2 miles) where the speed zones are above Idle Speed/NO WAKE. The manatee abundance criteria would fall under the Preferred status. 3.B.d Packet Pg. 127 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Table 3-1 CCMPP RANKING PREFERRED MODERATE PROTECTED WATER DEPTHS >4’ MLW X <4’ MLW NATIVE MARINE HABITAT No Impact X Impact MANATEE USE Not High X High Per the Collier County Manatee Protection Plan, under a Preferred Ranking there are 18 slips allowed for every 100 feet of shoreline. Watermark is a condominium that has 304 feet of shoreline, this equates to 54 allowed slips. The facility currently has 0 wet slips and is proposing 12 slips therefore this criterion is met. 3.B.d Packet Pg. 128 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) CONSISTENCY DETERMINATION APPLICATION 3.B.d Packet Pg. 129 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 130 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 131 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 132 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) SITE PLAN 3.B.d Packet Pg. 133 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 134 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore SURVEY 3.B.d Packet Pg. 135 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3. 5 5 3.503.444.934.912 . 1 14.214.384.043.773.87 -1.74.13.61 . 8 2. 4 2.62.41 . 8 2.60 . 7 3.63.23.52.81 . 31.21.04 . 6 X-0.3-0.3-0.3-2.5-1.4- 1 . 0 -2.6- 3 . 3 - 1 . 7 - 2 . 8 - 2 . 3 - 1 . 4 - 1 . 3 -2.9- 2 . 1-1.40.10.82. 0 2 . 73.6- 3 . 2 - 2 . 7 - 1 . 7-0.7- 4 . 8 - 3 . 9-3.0-2.2-1.9-4.4-2.54 . 3 3.92.10.44 . 4 4.34.22.80 . 9 3.63.31. 0 -0.3- 1 . 5 3.11. 8 0 . 8 0.60.23.93.62.01 . 6 1 . 1 -1.20. 40.40.30 . 3 0. 4 0.30.30.30.30.30.40. 4 0.40.2S81°35'30"E 200.00'(D)S81°52'29"W 200.00'(S)N08°24'30"W 300.00'(D)N08°02'43"W 300.00'(S)N08°24'30"W 300.00'(D)N08°02'43"W 299.72'(S)S81°35'30"E 200.00'(D)S81°57'17"W 200.00'(S)NORTH HALF OFLOT VIILOT VIIISOUTH HALF OFLOT IXNORTH HALF OFLOT IXSOUTH HALF OFLOT XTHE WATERMARK,A CONDOMINIUM9380 GULF SHORE DRIVE(O.R. BOOK 1593, PAGE 1450)EXISTING RESIDENTIALSTRUCTUREGULF SHORE DRIVE70' RIGHT OF WAYVANDERBILT LAGOONPLATTED WATERWAY WIDTH = 300'MEASURED WATERWAY WIDTH = 400'±MANGOVESMANGOVESTENNISCOURTBRICKPAVERDRIVEBRICKPAVERDRIVEMEAN HIGH WATER LINELOCATED 11/23/22TOE OFRIP RAPTOP OFRIP RAPEND OF SEAWALLIS 1.0' NORTH OFPROPERTY LINEEND OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINESPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECKFLOOD ZONE AEELEVATION 11.0FLOOD ZONE AEELEVATION 12.0FLOOD ZONE AEELEVATION 12.0FLOOD ZONE VEELEVATION 13.01989 COASTAL CONSTRUCTIONCONTROL LINEBENCHMARKSET PK NAIL AND DISCSTAMPED CEC LB 2464ELEVATION = 3.55 NAVDBENCHMARKSET 5/8" IRON PIN AND CAPSTAMPED CEC LB 2464ELEVATION = 4.02 NAVDEXISTING DOCKSEXISTING DOCKS5.0-2.9-4.4-4.5- 6 . 1 - 6 . 7 -7.0- 7 . 3 -7.4-7.6- 7 . 7 -7.6- 7 . 5 -7.5-7.5-7.4-7.4- 7 . 3 -7.34 . 4 - 3 . 9 - 4 . 4 - 4 . 8 -5.8-6.8- 7 . 0 - 7 . 2 - 7 . 4 -7.4-7.5-7.5-7.4-7.4- 7 . 4 - 7 . 4 -7.3-2.9-3.2- 4 . 1 - 5 . 5 -6.7-7.1-7.2-7.2- 7 . 3 - 7 . 3 - 7 . 4 -7.4- 7 . 4 -7.3-7.3-7.3-7.3- 1 . 4 - 2 . 2 -3.4- 4 . 6 - 5 . 9 -6.9- 7 . 0 -7.2-7.3- 7 . 4 -7.4-7.4- 7 . 5 - 7 . 4 -7.4- 7 . 4 1. 0 - 1 . 3 - 1 . 4 - 2 . 1 -3.4- 4 . 7 -6.0- 6 . 9 -7.0-7.2- 7 . 3 -7.4-7.4-7.5- 7 . 5 -7.4- 7 . 4 -7.4-7.4-2.6- 3 . 5 - 4 . 6 -5.7-6.6- 6 . 9 -7.0-7.2- 7 . 4 -7.5- 7 . 6 - 7 . 6 - 7 . 6 -7.6- 7 . 5 -7.5- 3 . 2 -4.3-5.7-6.7- 6 . 9 -7.2-7.4- 7 . 4 -7.5-7.6- 7 . 6 - 7 . 6 - 7 . 6 - 7 . 6 -7.5 CLIENT: TITLE:FILE NO.:SHEET OFNO.REVISION DESCRIPTIONDATEBY COASTAL 28421 BONITA CROSSINGS BOULEVARD ENGINEERING CONSULTANTS INC. COASTAL AND MARINE ENGINEERING ENVIRONMENTAL AND GEOLOGICAL SERVICES LAND AND MARINE SURVEY AND MAPPING BONITA SPRINGS, FLORIDA 34135 PHONE: (239)643-2324 FAX: (239)643-1143 www.coastalengineering.com E-Mail: info@cecifl.com Serving Florida Since 1977 THIS DOCUMENT, AND THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY COASTAL ENGINEERING CONSULTANTS, INC. (CECI) OR ITS SUBSIDIARIES SHALL BE WITHOUT LIABILITY TO CECI OR ITS SUBSIDIARIES.FLORIDA BUSINESS AUTHORIZATION NO. LB 2464COASTAL ENGINEERING CONSULTANTS, INC.DATE OF FIELD SURVEY: 11/23/22FLORIDA CERTIFICATE NO. 5295PROFESSIONAL SURVEYOR AND MAPPERTHE ORIGINAL RAISED SEAL OF A FLORIDANOT VALID WITHOUT THE SIGNATURE ANDLICENSED SURVEYOR AND MAPPERDATE OF SIGNATURE: RICHARD J. EWING, VPCHECKED: F.B. ACAD NO. PG. DRAWN: DATE: REF. NO. SCALE: SEC.TWP.RNG.22.26911SPECIFIC PURPOSE SURVEY THE WATERMARK CONDOMINIUM ASSOCIATION, INC.1' = 20' K690 54 25E48S 22.269 22.269 12/12/22 MMW RJE 32LEGAL DESCRIPTIONPARCEL A: THE NORTH HALF OF LOT VII, ALL OF LOT VIII, AND THE SOUTH HALF OF LOT IX,BLOCK B, OF CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 1, ACCORDING TO THEPLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGES 8 AND 9, PUBLIC RECORDS OFCOLLIER COUNTY, FLORIDA, (BUT NOT INCLUDED IN SAID PLAT)ANDTHE NORTH HALF OF LOT IX AND THE SOUTH HALF OF LOT X, BLOCK B, OF CONNER'SVANDERBILT BEACH ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF, ASRECORDED IN PLAT BOOK 3, PAGES 8 AND 9, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, (BUT NOT INCLUDED IN SAID PLAT)THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 60,000 SQUARE FEET OR 1.38ACRES OF LAND.GENERAL NOTES1. = FOUND 5/8" IRON PIN NO I.D.2. BEARINGS BASED ON A GRID BEARING OF S87°58'29"W ON THE NORTH RIGHT OF WAY LINE OF CENTRAL AVENUE.3. DESCRIBED PROPERTY LIES IN FLOOD ZONE AE, ELEVATIONS 11.0 AND 12.0 PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C 0189H DATED MAY 16, 2012.4. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (N.A.V.D. 88).5. ELEVATIONS AND DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.6. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT THE DATE OF SIGNATURE.7. OTHER EXISTING IMPROVEMENTS WERE NOT LOCATED UNDER THE SCOPE OF THIS SURVEY.LEGEND(S) = SURVEY DATA(D) = DESCRIPTION DATA OF THE WATERMARK, A CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 1593, PAGE 1450, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.402010200SCALE: 1" = 20'TIDAL DATUMS AT WATER TURKEY BAYARE BASED ON FLORIDA 872 5222TIME PERIOD = 1983 - 2001ELEVATIONS OF TIDAL DATUMS ARE REFERENCED IN NAVD 1988MEAN HIGH WATER (MHW) = +0.28 FT NAVDMEAN LOW WATER (MLW) = -1.31 FT NAVDMEAN LOWER LOW WATER (MLLW) = -1.73 FT NAVDTIDAL EPOCHMEAN HIGHER HIGH WATER (MHHW) = +0.51 FT NAVDPUBLISHED TIDAL INFORMATION= APRIL 1978 - AUGUST 1978= 8725235 WIGGINS PASS, INSIDECONTROL TIDE STATION3.B.dPacket Pg. 136Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) FLUCFCS MAP 3.B.d Packet Pg. 137 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 138 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore MANATEE ABUNDANCE EXHIBIT 3.B.d Packet Pg. 139 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) !¤ !¤!¤ !¤ !¤ !¤ !¤ !¤ !¤ !¤ !¤ PINE RIDGE RD TAMIAMI TRL NGOODLETTE-FRANK RD NI75Turrell, Hall & Associates, Inc.Marine & Environmental Consulting 3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632 WATERMARK CONDOMANATEE MORTALITY MAP ¯ 0 1.6 3.2Mi Man ate e data p ro vided by: Florida Fish an d Wild life Conservation Commission 6% (11 ou t of 18 8) o f watercraft-related man ate e mortalities in Co llier Co unty from 1974 to Present a re with in a 5 mile ra dius of the subje ct property. DRAWN BY: CREATED: JOB NO.: REVISION: SHEET:SECTION- TOWNSHIP- RANGE-32 48S 25E RMJ 06-30-23 21109 N/A N/A N/A P:\21109.00 Watermark Dock OwnersAssoc\GIS\21109_ManateeMort-CNTY.mxd FILE PATH: SCALE:1 "=1.5 mi 12 OF 12 Legend !¤Ma natee Bo at Re la te d Deaths from 1 974 -Present Subject Prope rty 5 Mile Buffer 3.B.d Packet Pg. 140 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore SRS SURVEY 3.B.d Packet Pg. 141 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) WATERMARK CONDO 9380 GULF SHORE DR. NAPLES, FL 34108 FOLIO #81207500021 SUBMERGED RESOURCE SURVEY SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA MAY 2023 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 3.B.d Packet Pg. 142 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) SRS Survey Watermark May 2023 1.0 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental permitting & engineering services for the proposed new docking facility which accommodates 12 slips and boatlifts. A part of the permitting and design process includes completing an onsite Submerged Resource Survey (SRS) at the subject property Watermark Condo at 9380 Gulf Shore Dr. in Naples, FL 34108 that can be identified by folio #81207500021. This resource survey will provide planning assistance to both the property owner and regulating agencies during the review process for the proposed project. The subject property consists of a multi-family residential complex that can be found on the east side of Gulf Shore Dr. along Vanderbilt Lagoon. The subject waterway connects directly to the Gulf of Mexico through Wiggins Pass. The upland parcel currently consists of a multi-family condominium with an existing rip-rap vegetated shoreline made up of mangroves and other vegetation scattered throughout. The property is neighbored to the north by a multi-family residence with a docking facility, to the south by a multi-family residence with a docking facility, to the east by the subject waterway, and to the west by Gulf Shore Drive. The SRS was conducted on May 5, 2023, between approximately 11:30a.m. and 12:15 a.m. Site conditions on that day consisted of sunny skies with a gentle southeast breeze approximately 5- 10mph. Water clarity was good too fair which allowed for approximately 12-24 inches of visibility. The ambient air temperature was approximately 85 degrees Fahrenheit with an incoming tide. A low tide occurred before the site visit at approximately 7:34 a.m. and reached approximately 0.9’ feet above the Mean Low Water Mark. High tide was achieved after the site visit at approximately 12:48 p.m., reaching approximately 2.5 feet above the Mean Low Water Mark. 2.0 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed dock and boathouse facility project. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re- configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 3.B.d Packet Pg. 143 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.0 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire subject property shoreline for the proposed dock and boathouse installation but also the area within 200 ft. of the proposed site as required by the Collier County LDC. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, adjacent docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on the shoreline taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. 3.B.d Packet Pg. 144 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 4.0 RESULTS The substrate found within the surveyed area consists of only 1 different characteristic being a silty muck material with scattered shell debris. There was also a lot of vegetation debris observed in the surrounding area, mostly from the recent storm surge that affected this area. Depths increased gradually with distance from the rip-rap shoreline increasing in depth out to the middle of the waterway with depths ranging from 2.5 to 8 feet. During the survey, no seagrasses were observed but there were oyster debris consisting of small clusters and scattered oyster debris throughout. Accordingly, no impacts to any submerged resources are expected to occur as the result of the proposed project and no impacts are proposed to any of the existing mangroves along the subject shoreline. A list of species observed during the SRS can be seen below in Table 1. Table 1 – Observed species of wildlife and vegetation within the vicinity of the project site 5.0 CONCLUSIONS The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded few results. An existing rip-rap shoreline is present with scattered mangroves and other vegetation. There were no seagrasses or other significant marine resources that were observed anywhere within the vicinity of the project site. There were significant amounts of barnacles and oyster debris observed in and around the mangrove roots contained up along the shoreline. Based off these observations it is THA opinion that the proposed project will not have any negative impacts to any submerged resources nor the subject waterway water quality. 6.0 PHOTOS Common Name Scientific Name Striped Mullet Mugil cephalus Sheepshead Archosargus probatocephalus Gray Snapper Lutjanus griseus Common Snook Centropomus undecimalis 3.B.d Packet Pg. 145 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Photo 1: Existing property southern shoreline and mangroves. Photo 2: Existing property shoreline and mangroves. 3.B.d Packet Pg. 146 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Photo 3: View from existing shoreline of subject waterway Photo 4: View of the existing northern shoreline and adjacent docking facility 3.B.d Packet Pg. 147 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Photo 5: View of shoreline from waterway. Photo 6: Sediment with heavy shell and vegetation debris close to mangrove shoreline. 3.B.d Packet Pg. 148 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Photo 7: Muck/silt sediment out in deeper portions of waterway. Photo 8: Typical bottom sediment. 3.B.d Packet Pg. 149 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Photo 9: Adjacent dock looking south. 3.B.d Packet Pg. 150 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) EXHIBIT 1 SUBMERGED RESOURCE DIVE TRANSECT MAP 3.B.d Packet Pg. 151 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 152 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore APPENDIX I PHOTOS OF SURVEY AREAS 2023 3.B.d Packet Pg. 153 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Typical Substrate Typical Bottom Substrate with shell debris (above) 3.B.d Packet Pg. 154 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Mangrove Fringe SHORELINE PHOTOS 3.B.d Packet Pg. 155 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 156 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 157 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) ADDRESSING CHECKLIST 3.B.d Packet Pg. 158 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 159 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 160 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 161 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) MANATEE AWARENESS & PROTECTION PLAN 3.B.d Packet Pg. 162 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) WATERMARK CONDO MANATEE AWARENESS AND PROTECTION PLAN JULY 2023 PREPARED BY: JEFF ROGERS TURRELL, HALL & ASSOCIATES, INC. 3584 EXCHANGE AVE. NAPLES, FL 34104 (239) 643-0166 jeff@thanaples.com 3.B.d Packet Pg. 163 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Manatee Awareness & Protection Plan June 2023 1.0 INTRODUCTION Watermark Condo is located at 9380 Gulf Shore Dr. Naples, FL 34108 along the southern terminus of Vanderbilt Lagoon in Section 32, Township 48 South, Range 25 East, Collier County. The marina will feature a 12 wet slip private multi-family docking facility which will accommodate the residents. The proposed project also includes installing 12 boatlifts within the proposed slips. 1.1 Background The West Indian Manatee (subspecies Florida Manatee) (Trichechus manatus latirostris) is a slow-moving herbivore marine mammal which frequents waters and bays of South Florida for its warmer waters. They are protected under the Endangered Species and Marine Mammal Protection Acts. They can reach lengths of 14 feet and weigh up to 3,000 pounds. Manatee feed on marine grasses, alga, and floating plants. Boats until recently were the most significant danger to manatees, however in 2020 and 2021 a sharp decline in seagrass beds have led to a rash of mortalities from starvation in the North Florida springs where they will winter. Seagrass beds in the Vanderbilt Lagoon system are very sporadic and generally small in size. The Watermark Condo facility’s bottom lands do not contain seagrasses or macro algae. Vanderbilt Lagoon to the Gulf of Mexico is also an Idle Speed /No Wake Zone, so the manatee which can be found in these waters are protected from vessels to a large degree. 2.0 EDUCATION AND PUBLIC AWARENESS The applicant has agreed to install and maintain the following signage which will be required by special condition in the Department of Environmental Protection and U.S. Army Corps of Engineers permits. (Signage map attached.) • Manatee educational signage at the proposed walkway access from the upland to the docks. 3.0 POSTING AND MAINTENANCE OF MANATEE SIGNAGE Attached is a signage location map for the facility which includes the manatee and other federally protected sea life. That signage will be maintained in good condition for the life of the facility. If the signage becomes damaged or faded it will be replaced. 2 3.B.d Packet Pg. 164 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Manatee Awareness & Protection Plan June 2023 4.0 INFORMATION ON THE TYPE AND DESTINATION OF BOAT TRAFFIC GENERATED BY THE FACILITY This facility will generate and be the recipient of the residence of Watermark Condo who are the authorized patrons proposed to use the docking facility. There are 12 slips total, but not all will be generating boat traffic on the same day. The facility will be used strictly by Watermark Condo residents for their private vessels. Most boat traffic will be destined for Vanderbilt Lagoon extending out to the Gulf of Mexico. 5.0 MARKING OF NAVIGATIONAL CHANNELS Since the facility is located at the southern terminus of the Vanderbilt Lagoon basin with one entrance and exit navigation channels are not an issue until boats pass through Water Turkey bay extending to Wiggins Pass to then reach the Gulf of Mexico. These bays and waterways are already well marked so no other navigational markers will be required in association with the proposed facility. 3 3.B.d Packet Pg. 165 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.d Packet Pg. 166 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore WATERMARK CONDO 9380 GULF SHORE DR. NAPLES, FL 34108 FOLIO #81207500021 SUBMERGED RESOURCE SURVEY REPORT MAY 2023 PREPARED BY: 3.B.d Packet Pg. 167 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Table of Contents 1 Introduction ....................................................................................................................................... 1 2 Objective ............................................................................................................................................. 2 3 Methodology ...................................................................................................................................... 3 4 Results ................................................................................................................................................. 4 5 Conclusion .......................................................................................................................................... 5 6 Photos .................................................................................................................................................. 6 3.B.d Packet Pg. 168 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 1 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental permitting & engineering services for the proposed new docking facility which accommodates 12 slips and boatlifts. A part of the permitting and design process includes completing an onsite Submerged Resource Survey (SRS) at the subject property Watermark Condo at 9380 Gulf Shore Dr. in Naples, FL 34108 that can be identified by folio #81207500021. This resource survey will provide planning assistance to both the property owner and regulating agencies during the review process for the proposed project. The subject property consists of a multi-family residential complex that can be found on the east side of Gulf Shore Dr. along Vanderbilt Lagoon. The subject waterway connects directly to the Gulf of Mexico through Wiggins Pass. The upland parcel currently consists of a multi-family condominium with an existing rip-rap vegetated shoreline made up of mangroves and other vegetation scattered throughout. The property is neighbored to the north by a multi-family residence with a docking facility, to the south by a multi-family residence with a docking facility, to the east by the subject waterway, and to the west by Gulf Shore Drive. The SRS was conducted on May 5, 2023, between approximately 11:30a.m. and 12:15 a.m. Site conditions on that day consisted of sunny skies with a gentle southeast breeze approximately 5- 10mph. Water clarity was good too fair which allowed for approximately 12-24 inches of visibility. The ambient air temperature was approximately 85 degrees Fahrenheit with an incoming tide. A low tide occurred before the site visit at approximately 7:34 a.m. and reached approximately 0.9’ feet above the Mean Low Water Mark. High tide was achieved after the site visit at approximately 12:48 p.m., reaching approximately 2.5 feet above the Mean Low Water Mark. 3.B.d Packet Pg. 169 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 2 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed dock and boathouse facility project. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re-configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 3.B.d Packet Pg. 170 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 3 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire subject property shoreline for the proposed dock and boathouse installation but also the area within 200 ft. of the proposed site as required by the Collier County LDC. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, adjacent docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on the shoreline taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. 3.B.d Packet Pg. 171 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 4 4 RESULTS The substrate found within the surveyed area consists of only 1 different characteristic being a silty muck material with scattered shell debris. There was also a lot of vegetation debris observed in the surrounding area, mostly from the recent storm surge that affected this area. Depths increased gradually with distance from the rip-rap shoreline increasing in depth out to the middle of the waterway with depths ranging from 2.5 to 8 feet. During the survey, no seagrasses were observed but there were oyster debris consisting of small clusters and scattered oyster debris throughout. Accordingly, no impacts to any submerged resources are expected to occur as the result of the proposed project and no impacts are proposed to any of the existing mangroves along the subject shoreline. A list of species observed during the SRS can be seen below in Table 1. Table 1: Observed species of wildlife and vegetation within the vicinity of the project site Common Name Scientific Name Striped Mullet Mugil cephalus Sheepshead Archosargus probatocephalus Gray Snapper Lutjanus griseus Common Snook Centropomus undecimalis 3.B.d Packet Pg. 172 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 5 5 CONCLUSION The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded few results. An existing rip-rap shoreline is present with scattered mangroves and other vegetation. There were no seagrasses or other significant marine resources that were observed anywhere within the vicinity of the project site. There were significant amounts of barnacles and oyster debris observed in and around the mangrove roots contained up along the shoreline. Based off these observations it is THA opinion that the proposed project will not have any negative impacts to any submerged resources nor the subject waterway water quality. 3.B.d Packet Pg. 173 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 6 6 PHOTOS Photo 1: Existing property southern shoreline and mangroves. Photo 2: Existing property shoreline and mangroves. 3.B.d Packet Pg. 174 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 7 Photo 3: View from existing shoreline of subject waterway Photo 4: View of the existing northern shoreline and adjacent docking facility 3.B.d Packet Pg. 175 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 8 Photo 5: View of shoreline from waterway. Photo 6: Sediment with heavy shell and vegetation debris close to mangrove shoreline. 3.B.d Packet Pg. 176 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 9 Photo 7: Muck/silt sediment out in deeper portions of waterway. Photo 8: Typical bottom sediment. 3.B.d Packet Pg. 177 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 10 Photo 9: Adjacent dock looking south. 3.B.d Packet Pg. 178 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) !¤ !¤!¤ !¤ !¤ !¤ !¤ !¤ !¤ !¤ !¤ PINE RIDGE RD TAMIAMI TRL NGOODLETTE-FRANK RD NI75Turrell, Hall & Associates, Inc.Marine & Environmental Consulting 3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632 WATERMARK CONDOMANATEE MORTALITY MAP ¯ 0 1.6 3.2Mi Man ate e data p ro vided by:Florida Fish an dWildlife Conservation Commission 6% (11 ou t of 18 8) o f watercraft-related man ate e mortalities in Co llier Co unty from1974 to Present a re with in a 5 mileradius of the subje ct property. DRAWN BY: CREATED: JOB NO.: REVISION: SHEET:SECTION- TOWNSHIP- RANGE-32 48S 25E RMJ 06-30-23 21109 N/A N/A N/A P:\21109.00 Watermark Dock OwnersAssoc\GIS\21109_ManateeMort-CNTY.mxd FILE PATH: SCALE:1 "=1.5 mi 12 OF 12 Legend !¤Ma natee Bo at Re la te d Deaths from 1 974 -Present Subject Prope rty 5 Mile Buffer 3.B.d Packet Pg. 179 Attachment: Attachment C - MPP Analysis PL20230012349 (27575 : PL20230007149 BD 9380 Gulf Shore LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 48S RNG 25E SEC(S) 32 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION 13BD 5 5 5 EVIRDYNOLOCYAB(PELICAN BAY) COUNTY PARKING BAY COLONY BD TRACT "E" 4 44 4 4V p.u. RITZ-CARLTON HOTEL GULF OF MEXICO RSF-3 R T -V B R T O 1IV XIII XI X IX VIII VII VI V III XIV XIII XII XI X IX VIII VII VI V RMF-6RMF-16C-3 RSF-3ST 5,6,8,9,10,12,15,25,26PUDGULF SHORE DRIVEVANDERBILT BEACH ROAD (CR 862) CENTER STREET SOUTHBAY DRIVE PALM COURT OAK AVE NUE 3 2 1 2 1 1 3 3 1 1 2 2 2 3 VANDERBILT DRIVE6 5 4 3 2 1 9876 5 4 3 2 1 3233323130292827262524232221201918 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 4 3 2 1 20 191817161514 13 12111098 7654321 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19181716151413121110987654321 53525150494847464544434241403938 37 363534333231302928272625242322211120191817161514131210987654321 3 VANDERBILT LAGOON A D D A B A B I H G16BD 1 2 12 3 4 5 6 87 9 1110 1413 1516 17 18C S U N S E T B A Y C O N D O A D M I R A L T Y O F V B B E A C H C O N D O G U L F P O I N T E C O N D O S U N S E T B A Y C O N D O T W I N E A G L E S B E A C H & B A YCLU B XII S E A W A T C H C O N D O W A T E R M A R K C O N D O C O N D OBEACHMOO R V A N D E R B I L T B E A C H & H A R B O U R C L U B C O N D O V A N D E R B I L T B E A C H H O T E L 1 S T A D D C O N D O TRACT "D"1VILLA LA PALMA CONDOPELICANBAREFOOT CHATEAU VANDERBILT CONDOPUDMIRALIA 18 THE REMINGTON 19V C L U BBEACH & B A YTWIN E A G L E S CU 20,21,67 COASTAL CONTROL LI NE11 BD22 23BD 24BD DRI 3 ,2 7 BD28 V 3 8 ,4 0 5 0 , C C S L3 1 3 2 C C S L 3 3 ,3 5 ,4 8 3 4 ,4 4 3 6 3 9 42 43,46 49,53,54,65 58 C C S L 3 3 ,4 8 C S LCCCL C C S L 2 9 C C C LCCSL3 7 3 6 C C C LCCSL3 7 C C C L C C C L 4 1 C S L C C S L 3 0 5 2 ,5 5 C C S L CCSL CCSL CCCLCCSL CCCLCCSL 45,47,51 56CCLV 57 3 9CCCL 3 9CCCL BD 61,62CPUD VANDERBILT BEACHCOMMERCIAL TOURIST 63 BD64 ONE NAPLESMPUD66 2 p.u.7 P.U.P.U.P.U.V P.U.P.U. 2 6017 1 BD68 $ NO. NAME P.B. Pg.1 VANDERBILT BEACH CENTER 3 162 CONNER'S VANDERBILT BEACH ESTATES UNIT 1 3 8-93 CONNER'S VANDERBILT BEACH ESTATES UNIT 2 3 174 PELICAN BAY UNIT 8 15 27-295 PELICAN BAY UNIT 10 15 64-67678910 8532N 8532S 8533N8529S The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES1 8-24-82 R-82-24-C 82-742 8-27-85 V-85-20 C 85-1833 12-17-85 R-85-21C 85-784 11-15-88 V-88-7 88-2875 8-12-86 PDA-86-6C 86-426 1-27-87 PDA-86-12C 87-17 8-11-87 PU-87-1C 87-1848 11-8-88 PDA-88-11C 88-849 6-13-89 PDA-89-7 89-3510 10-24-89 SDV-89-2 89-29611 8-2-90 BD-90-8 90-712 8-21-90 PDA-90-4 90-6613 5-16-91 BD-91-4 91-714 5-13-92 REMOVAL OF ST FROM- PELICAN BAY BY REQUEST FOR- LEGAL SERVICE NO. GWP9202130115 9-14-93 PUD-76-31(14) 93-6316 10-7-93 BD-93-16 93-3017 9-11-73 R 73-46 PU*7*18 3-26-96 PUD-96-2 96-1219 5-26-98 V-98-5 98-17420 6-23-98 CU-98-7 98-23421 9-12-00 CU-00-10 00-30022 11-2-00 BD-00-20 00-2923 6-21-01 BD-01-AR-739 01-1324 10-4-01 BD-01-AR-1198 01-2325 9-21-04 PUDA-03-AR-4008 04-5926 9-21-04 DRI-03-AR-4777 04-28627 1-7-04 LDC 04-0128 5-19-11 BD-PL-10-1685 11-0329 5-31-77 CSL-77-130 5-10-77 CSL-77-231 11-15-77 CCSL-77-5C 32 3-7-78 CCSL-78-1C 33 3-21-78 CCSL-78-2C 78-40 34 7-18-78 CCSL-78-5C 78-111 35 10-2-79 CCSL-79-3C 79-150 36 10-2-79 CCSL-79-4C 79-151 37 12-4-79 CCCL-79-5C 79-178 38 12-8-81 CCCL-81-7C 81-256 39 9-14-82 CCCL-82-5C 82-131 40 10-23-84 CCCL-84-3C 84-200 41 5-10-88 CCCL-87-8C 88-108 42 2-14-89 CCCL-89-1C 89-35 43 1-8-91 CCSL-90-13 91-13 44 3-19-91 CCSL-90-11 91-257 45 2-18-92 CCSL-91-9 92-136 46 2-18-92 CCSL-91-7 92-137 47 5-11-93 CCSL-93-3 93-194 48 6-14-94 CCSL-94-4 94-421 49 3-28-95 CCSL-94-15 95-247 50 8-5-97 CCSL-97-2 97-316 51 1-13-98 CCSL-97-4 98-16 52 6-23-98 CCSL-98-3 98-235 53 8-1-00 CCSL-00-3 00-252 54 6-11-02 CCSL-02-AR-2343 02-266 55 10-14-03 CCSL-01-AR-1922 03-355 56 9-27-11 CCLV-PL-10-1812 11-181 57 8-2-83 CCCL-83-9C 83-117 58 7-25-95 CCSL-95-1 95-431 59 "DELETED" 60 6-12-79 PU 79-6C PU*5* 61 7-5-18 BD-PL-17-2726 HEX 18-1362 8-27-18 BD-PL-17-2726 HEX 18-16- (SCRIVENER'S ERROR)63 6-9-20 PUDZ-PL-18-2793 20-1464 10-23-20 BDE-PL-20-2922 HEX 20-1765 10-23-20 CCSV-PL-20-764 HEX 20-2266 3-1-21 PUDZ-PL-19-697 21-0967 4-22-22 CU-PL-21-1683 HEX 22-1668 9-9-22 BDE-PL-21-87 HEX 22-36THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. 1 6-22-92 R-92-4 92-43 2 3-1-21 PUDZ-PL-19-697 21-09DEVELOPMENT STANDARDS MODIFICATIONS0 400 SCALE INDICATES SPECIAL TREATMENT OVERLAY 10/4/20223.B.e Packet Pg. 180 Attachment: Attachment D - Zoning Atlas 8532N (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) <> LATITUDE:N 26.256952 <> LONGITUDE: W -81.822757 SITE ADDRESS: <> 9380 GULF SHORE DR NAPLES, FL 34108 STATE OF FLORIDASTATE OF FLORIDA SUBJECT PROPERTY SUBJECT PROPERTY COLLIER COUNTYCOLLIER COUNTY GULF OF MEXICOGULF OF MEXICO858 82 886 41 MARCO ISLAND EVERGLADES CITY 93 29 846 NAPLES 90 90 839 94 837837 841 29 29 29 839 839 92 887 846 951 862 I-75 84 864 31 856 850 846890 896 N E S W NOTES: <> THESE DRAWINGS ARE INTENDED FOR CONSTRUCTION USE. KEY WEST TAMPA FT.MYERS MIAMINAPLES WATERMARK CONDO SDP - 89-120 INSUBSTANTIAL CHANGEP:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-SDPI.dwg 7/31/2023SHEET:DRAWN BY:REVIEWED BY:PROJECT:DATE:SCALE:LAYOUT:REVISED BY: DATE:CHANGED:TURRELL, HALL & ASSOCIATES, INC.email: tuna@turrell-associates.com3584 Exchange Ave. Suite B,Marine & Environmental ConsultingFax: (239) 643-6632Phone: (239) 643-0166Naples, Fl. 34104-3732---------------------------------LOCATION PAGEJRLOCATION PAGEWATERMARK CONDO01N/A2110907-31-23RMJCOUNTY AERIAL VICINITY MAP COUNTY AERIAL VICINITY MAP SUBJECT PROPERTY Owner: The Watermark, a Condominium Zoning: RT-VBRTO Note: Companion application BDE-PL20230007149 Main Folio Number: 27481040002 Unit Folio Numbers: 81207500021, 81207500047, 81207500063, 81207500089, 81207500102, 81207500128, 81207500144, 81207500160, 81207500186, 81207500209, 81207500225, 81207500241, 81207500267, 81207500283, 81207500306, 81207500322, 81207500348, 81207500364, 81207500380, 81207500403, 81207500429, 81207500445 Legal Description Parcel A: The North half of Lot VII, all of Lot VIII, and the South Half of Lot IX, Block B, of CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 1, according to the plat thereof, as recorded in Plat Book 3, Pages 8 and 9, Public Records of Collier County, Florida, (but not included in said Plat) AND Parcel B: The North half of Lot IX and the South half of Lot X, Block B, of CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 1, according to the plat thereof, as recorded in Plat Book 3, Pages 8 and 9, Public Records of Collier County, Florida (but not included in said Plat). REGISTERED PROFESSIONAL ENGINEER LICENSE NO. 39659 TODD T. TURRELL Aug 1, 2023 TODD T. TURRELL STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 39659. THIS ITEM HAS BEEN ELECTRONICALLY SIGNED AND SEALED BY TODD T. TURRELL, P.E. USING A DIGITAL SIGNATURE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES DATE: 3.B.f Packet Pg. 181 Attachment: Attachment E - SDPI-PL20220008960 Rev3 – Pending Approval (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) XMANGROVES TENNIS COURT SPA EXISTING POOL EXISTING POOL DECK EXISTING POOL DECK1989 COASTAL CONSTRUCTIONCONTROL LINEFDC MANGROVES N E S W 0 10 20 40 SCALE IN FEET ·SURVEY COURTESY OF: ··SURVEY DATED: ·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. ·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW ·APPLICANT OWNED SHORELINE (APPX LF): ·EXISTING OVERWATER STRUCTURE (APPX SF): ·WIDTH OF WATERWAY, MHW TO MHW (APPX): ·TIDAL DATUM: ··MHW (NAVD)= ··MLW (NAVD)= NOTES: ·PROPOSED OVERWATER STRUCTURE (APPX SF): ·TOTAL OVERWATER STRUCTURE (APPX SF): ·TOTAL PROTRUSION FROM MHWL: "COASTAL ENGINEERING CONSULTANTS, INC." 11-23-22 -1.31' +0.28' 304' 0 1,695' 2557 2557 123' 121' 5'12'12.5' 12.5' 12.5' 12.5' 12.5' 12.5' 12.5'12'12.5' 12.5' 12.5' 12.5' 12.5' 5'10'13' 26' 26' 13' MHWL RIPARIAN LINE PROPERTY BOUNDARY 1 2 3 4 5 6 7 8 9 10 11 1235'35'100'43'8'8'PROPOSED FIXED DOCK 123' 56' 5' 5'25'30'RIPARIAN LINE SETBACK SLIP MATRIX SLIP #LENGTH (LF)WIDTH (LF)QUANTITY 1-12 35 12.5 12P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-SDPI.dwg 7/31/2023SHEET:DRAWN BY:REVIEWED BY:PROJECT:DATE:SCALE:LAYOUT:REVISED BY:DATE:CHANGED:TURRELL, HALL & ASSOCIATES, INC.email: tuna@turrell-associates.com3584 Exchange Ave. Suite B,Marine & Environmental ConsultingFax: (239) 643-6632Phone: (239) 643-0166Naples, Fl. 34104-3732---------------------------------SDPI PLANJRSDPI PLANWATERMARK CONDO02N/A2110907-31-23RMJMANATEE AWARENESS AND PROTECTION PLAN 1.0 INTRODUCTION Watermark Condo located on Gulf Shore Blvd (Naples, FL 34108) in Section 32, Township 48 South, Range 25 East, Collier County. The proposed project consists of building a fixed dock with 12 slips and installing 12 boatlifts , including the installation of the approximate 71 dock piles and 48 boatlift piles. 1.1 Background The West Indian Manatee (subspecies Florida Manatee) (Trichechus manatus latirostris) is a slow-moving herbivore marine mammal which frequents waters and bays of South Florida for its warmer waters. They are protected under the Endangered Species and Marine Mammal Protection Acts. They can reach lengths of 14 feet and weigh up to 3,000 pounds. Manatee feed on marine grasses, alga, and floating plants. Boats until recently were the most significant danger to manatees, however in 2020 and 2021 a sharp decline in seagrass beds have led to a rash of mortalities from starvation in the North Florida springs where they will winter. Seagrass beds in the Fake Union Canal system are very sporadic and generally small in size. The Sunrise Cay facility's bottom lands do not contain seagrasses or macro algae. Faka Union Canal to the Gulf of Mexico is also a Slow/No Wake Speed Zone, so the manatee which can be found in these waters are protected from vessels to a large degree. 2.0 EDUCATION AND PUBLIC AWARENESS The applicant has agreed to install and maintain the following signage which will be required by special condition in the Department of Environmental Protection and U.S. Army Corps of Engineers permits. (Signage map attached.) ·Manatee educational signage at each dock entrance on the upland. ·Monofilament signage and disposal boxes at each dock entrance, except the fuel dock where it will be located at the ship store. ·Sea turtle, Dolphin and Smalltooth Sawfish signage at the ship store. 3.0 POSTING AND MAINTENANCE OF MANATEE SIGNAGE Attached is a signage location map for the facility which includes the manatee and other federally protected sea life. That signage will be maintained in good condition for the life of the facility. If the signage becomes damaged or faded it will be replaced. 4.0 MONITORING AND MAINTEANCE OF WATER QUALITY TO COMPLY WITH STATE STANDARDS It is expected that the state water quality certification will require some kind of water quality monitoring upon issuance. The testing and monitoring will be done and submitted as required. 5.0 INFORMATION ON THE TYPE AND DESTINATION OF BOAT TRAFFIC GENERATED BY THE FACILITY This facility will continue to only accommodate residential boat traffic associated with each upland unit owner. There are 42 slips existing and proposed, but not all will be generating boat traffic on the same day. Additionally, the Port of the Islands Marina within the adjacent Faka Union Canal offers fuel to the local surrounding community and any transient vessels but no additional traffic will be a result of the proposed project. The facility will be used strictly by Sunrise Cay residents for their private vessels. Most boat traffic will be destined for the Faka Union Canal and the Gulf of Mexico. 6.0 MARKING OF NAVIGATIONAL CHANNELS Since the facility is located at the southern terminus of a canal with one entrance and exit point with no thread of navigation. The navigation channels start out in the Faka Union Canal extending out to reach the Gulf of Mexico. The Faka Union Canal is already well-marked so no other navigational markers will be required in association with the proposed facility. NOTES: <> DOCKS WILL NOT BE USED FOR COMMERCIAL PURPOSES. <> ALL PROHIBITED EXOTIC VEGETATION SHALL BE REMOVED FROM THE SITE AND IT SHALL BE MAINTAINED FREE OF EXOTICS IN PERPETUITY.30"36"30"24"GULF SHORE DRMANATEE EDUCATION SIGN LOCATIONS FIRE HYDRANT FIRE HYDRANT S2 S1 S2S1 FIRE DEPARTMENT CONNECTION WITHIN 100' OF THE FIRE HYDRANT MEE FIRE STATION : MODEL FS1020 WITH A 10LB "A-B-C" RATED EXTINGUISHER WITH LIGHT DRY FIRE STANDPIPE CONNECTION WITH REFLECTIVE IDENTIFICATION VALVE TO HAVE ON CAP WITH LANYARD EXISTING FIRE HYDRANT LEGEND FX DS FDC85'FX DS DS FX FX LENGTH (LOA)NO. 35 12 APPROXIMATE LOCATION OF EXISTING FDC 3.B.f Packet Pg. 182 Attachment: Attachment E - SDPI-PL20220008960 Rev3 – Pending Approval (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) XMANGROVES TENNIS COURT SPA EXISTING POOL EXISTING POOL DECK EXISTING POOL DECK1989 COASTAL CONSTRUCTIONCONTROL LINEFDC MANGROVES N E S W 0 10 20 40 SCALE IN FEET 8'PROPOSED FIXED DOCK 123' 56'30"36"30"24"GULF SHORE DR·SURVEY COURTESY OF: ··SURVEY DATED: ·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. ·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW ·APPLICANT OWNED SHORELINE (APPX LF): ·EXISTING OVERWATER STRUCTURE (APPX SF): ·WIDTH OF WATERWAY, MHW TO MHW (APPX): ·TIDAL DATUM: ··MHW (NAVD)= ··MLW (NAVD)= NOTES: ·PROPOSED OVERWATER STRUCTURE (APPX SF): ·TOTAL OVERWATER STRUCTURE (APPX SF): ·TOTAL PROTRUSION FROM MHWL: "COASTAL ENGINEERING CONSULTANTS, INC." 11-23-22 -1.31' +0.28' 304' 0 1,695' 2557 2557 123' SLIP MATRIX SLIP #LENGTH (LF)WIDTH (LF)QUANTITY 1-12 35 12.5 12 121' 5'12'12.5' 12.5' 12.5' 12.5' 12.5' 12.5' 12.5'12'12.5' 12.5' 12.5' 12.5' 12.5' 5'10'13' 26' 26' 13' MHWL RIPARIAN LINE PROPERTY BOUNDARY 1 2 3 4 5 6 7 8 9 10 11 1235'35'100'43'8' 5' 5'25'30'RIPARIAN LINE SETBACKP:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-SDPI.dwg 7/31/2023SHEET:DRAWN BY:REVIEWED BY:PROJECT:DATE:SCALE:LAYOUT:REVISED BY:DATE:CHANGED:TURRELL, HALL & ASSOCIATES, INC.email: tuna@turrell-associates.com3584 Exchange Ave. Suite B,Marine & Environmental ConsultingFax: (239) 643-6632Phone: (239) 643-0166Naples, Fl. 34104-3732---------------------------------SDPI PLAN WITH AERIALJRSDPI PLAN WITH AERIALWATERMARK CONDO03N/A2110907-31-23RMJMANATEE AWARENESS AND PROTECTION PLAN 1.0 INTRODUCTION Watermark Condo located on Gulf Shore Blvd (Naples, FL 34108) in Section 32, Township 48 South, Range 25 East, Collier County. The proposed project consists of building a fixed dock with 12 slips and installing 12 boatlifts , including the installation of the approximate 71 dock piles and 48 boatlift piles. 1.1 Background The West Indian Manatee (subspecies Florida Manatee) (Trichechus manatus latirostris) is a slow-moving herbivore marine mammal which frequents waters and bays of South Florida for its warmer waters. They are protected under the Endangered Species and Marine Mammal Protection Acts. They can reach lengths of 14 feet and weigh up to 3,000 pounds. Manatee feed on marine grasses, alga, and floating plants. Boats until recently were the most significant danger to manatees, however in 2020 and 2021 a sharp decline in seagrass beds have led to a rash of mortalities from starvation in the North Florida springs where they will winter. Seagrass beds in the Fake Union Canal system are very sporadic and generally small in size. The Sunrise Cay facility's bottom lands do not contain seagrasses or macro algae. Faka Union Canal to the Gulf of Mexico is also a Slow/No Wake Speed Zone, so the manatee which can be found in these waters are protected from vessels to a large degree. 2.0 EDUCATION AND PUBLIC AWARENESS The applicant has agreed to install and maintain the following signage which will be required by special condition in the Department of Environmental Protection and U.S. Army Corps of Engineers permits. (Signage map attached.) ·Manatee educational signage at each dock entrance on the upland. ·Monofilament signage and disposal boxes at each dock entrance, except the fuel dock where it will be located at the ship store. ·Sea turtle, Dolphin and Smalltooth Sawfish signage at the ship store. 3.0 POSTING AND MAINTENANCE OF MANATEE SIGNAGE Attached is a signage location map for the facility which includes the manatee and other federally protected sea life. That signage will be maintained in good condition for the life of the facility. If the signage becomes damaged or faded it will be replaced. 4.0 MONITORING AND MAINTEANCE OF WATER QUALITY TO COMPLY WITH STATE STANDARDS It is expected that the state water quality certification will require some kind of water quality monitoring upon issuance. The testing and monitoring will be done and submitted as required. 5.0 INFORMATION ON THE TYPE AND DESTINATION OF BOAT TRAFFIC GENERATED BY THE FACILITY This facility will continue to only accommodate residential boat traffic associated with each upland unit owner. There are 42 slips existing and proposed, but not all will be generating boat traffic on the same day. Additionally, the Port of the Islands Marina within the adjacent Faka Union Canal offers fuel to the local surrounding community and any transient vessels but no additional traffic will be a result of the proposed project. The facility will be used strictly by Sunrise Cay residents for their private vessels. Most boat traffic will be destined for the Faka Union Canal and the Gulf of Mexico. 6.0 MARKING OF NAVIGATIONAL CHANNELS Since the facility is located at the southern terminus of a canal with one entrance and exit point with no thread of navigation. The navigation channels start out in the Faka Union Canal extending out to reach the Gulf of Mexico. The Faka Union Canal is already well-marked so no other navigational markers will be required in association with the proposed facility. MANATEE EDUCATION SIGN LOCATIONS FIRE HYDRANT FIRE HYDRANT S2 S1 S2S1 FIRE DEPARTMENT CONNECTION WITHIN 100' OF THE FIRE HYDRANT MEE FIRE STATION : MODEL FS1020 WITH A 10LB "A-B-C" RATED EXTINGUISHER WITH LIGHT DRY FIRE STANDPIPE CONNECTION WITH REFLECTIVE IDENTIFICATION VALVE TO HAVE ON CAP WITH LANYARD EXISTING FIRE HYDRANT LEGEND FX DS FDC85'FX DS DS FX FX LENGTH (LOA)NO. 35 12 APPROXIMATE LOCATION OF EXISTING FDC NOTES: <> DOCKS WILL NOT BE USED FOR COMMERCIAL PURPOSES. <> ALL PROHIBITED EXOTIC VEGETATION SHALL BE REMOVED FROM THE SITE AND IT SHALL BE MAINTAINED FREE OF EXOTICS IN PERPETUITY. 3.B.f Packet Pg. 183 Attachment: Attachment E - SDPI-PL20220008960 Rev3 – Pending Approval (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-SDPI.dwg 7/31/2023SHEET:DRAWN BY:REVIEWED BY:PROJECT:DATE:SCALE:LAYOUT:REVISED BY:DATE:CHANGED:TURRELL, HALL & ASSOCIATES, INC.email: tuna@turrell-associates.com3584 Exchange Ave. Suite B,Marine & Environmental ConsultingFax: (239) 643-6632Phone: (239) 643-0166Naples, Fl. 34104-3732---------------------------------ORIGINAL SDPJRORIGINAL SDPWATERMARK CONDO04N/A2110907-31-23RMJLIMITS OF CHANGES NOTE: THIS SHEET IS REFERENCED FROM THE MOST RECENT SDP SET AND IS ONLY INCLUDED IN THIS DRAWING SET TO WHERE THE PROPOSED CHANGES WILL OCCUR. FOR ALL APPLICABLE DETAILS, DESIGNS, ETC. PLEASE REFER TO COUNTY RECORDS AND THE APPLICABLE EOR. 3.B.f Packet Pg. 184 Attachment: Attachment E - SDPI-PL20220008960 Rev3 – Pending Approval (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides HEARING PACKAGE CHECKLIST A.Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN “BACKUP PROVIDED BY APPLICANT.” Planner responsible for providing the County Attorney-drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT – STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B.Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY-MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES-THE APPLICANT COULD LOSE ITS HEARING DATE. _X__ Application, to include but not limited to the following: _ X__ Narrative of request _ X__ Property Information _ X__ Property Ownership Disclosure Form _ X__ Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. _ X__ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) ____ Affidavit of Unified Control _ X__ Affidavit of Representation Authorization _ X__ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) ____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓Include 3 thumbnail drives of video and/or audio ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter _ X __ Deviation Justifications, may be included within the Narrative Statement BDE PL20230002187 3.B.g Packet Pg. 185 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides _ X__ Boundary Survey _ X__ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. _ X_ Submerged Resource Surveys may be included here if required. _ X__ flash drive, or e-mail, with only one pdf file for all documents I understand that by submitting the above materials, it is the agent ’s/applicant’s responsibility to ensure all materials are in the same order for flash drive must contain the documents in one pdf file. It is the agent’s responsibility to ensure no documentation is left out. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative Jeff Rogers 12/14/2023 3.B.g Packet Pg. 186 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 187 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 188 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 189 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 190 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 191 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 192 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 193 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 194 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 195 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 196 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 197 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 198 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 199 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 200 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 201 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 202 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 203 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: -* LOCATION MAP and/or SURVEY showing the proposed project boundary. -List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre-approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] STREET ADDRESS(ES) where applicable, if already assigned. PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre-Approval may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 3.B.g Packet Pg. 204 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 205 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 206 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 3.B.g Packet Pg. 207 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 3.B.g Packet Pg. 208 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 3.B.g Packet Pg. 209 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: 3.B.g Packet Pg. 210 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov 3.B.g Packet Pg. 211 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 212 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 213 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 214 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 215 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 216 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 217 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 218 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 219 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 220 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 221 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.g Packet Pg. 222 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.gPacket Pg. 223Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Narrative Description: The proposed Boat Dock Extension is to construct a new docking facility for a multi-family residential property with 12 new slips and associated boatlifts located at 9380 Gulf Shore Dr. on Vanderbilt Lagoon. The subject waterway is a man-altered waterway and considered to be part of Vanderbilt Lagoon which is a mix of state lands and non-state lands due to historical dredge and fill operations. The State has claimed a majority of the bottom lands under the proposed docking facility and therefore a submerged land lease has been required. Additionally, the required side yard setbacks are 25-feet. The subject property has a rip rap and vegetated shoreline which is also where the mean high- water line (MHWL) is located therefore the MHWL is considered the most restrictive point. The proposed dock requires a BDE and SDPI as the proposed docks are new, the docks do not match the previous docks approved on the previous SDPI, and the overall protrusion and size exceed the allowed 20-feet of protrusion. As proposed the dock will have 12 slips with boatlifts to service 35-foot vessels and the overall dock protrusion will be approximately 123-feet from the MHWL. Therefore, the applicant is requesting a 103-foot extension over the allowed 20-feet into a waterway that is approximately 1,695-feet wide. Based off that the dock as proposed would protrude approximately 8% into the subject waterway. The subject waterway is an unmarked waterway and as proposed the dock is consistent with some of the other docks on the subject waterway therefore no impacts to normal navigation of the subject waterway will result from this dock being constructed. Additionally, the ingress/egress to the proposed dock will not interfere with navigation/access to any of the immediate adjacent docks. The proposed dock will provide 30-foot and 183-foot setbacks which are both greater than what is required for lots with 60-feet of shoreline or greater being 15-feet. There are no impacts to any submerged resources or mangroves. The entire dock area allows for recreational activities, associated storage, and routine maintenance activities without excessive decking. There are numerous other existing docking facilities on the subject waterway and as proposed the dock is consistent with the other existing surrounding docks. This can be seen on the attached BDE exhibits as a reference for your review. 3.B.g Packet Pg. 224 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The subject property is zoned for a multi-family residential unit which warrants no more than 1 slip per dwelling unit per the CC-LDC and the Collier County Manatee Protection Plan. The proposed docking facility consists of installing twelve slips with boatlifts to accommodate 35-foot LOA vessels. The proposed dock will extend out 123-feet from the MHWL which is 103-feet of protrusion past the allowed 20-feet. Additionally, the proposed dock will provide 30-foot and 183-foot setbacks from both riparian lines and therefore will not interfere with the adjacent properties as the vessel ingress/egress the proposed slips/boatlifts. Criterion Met 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) The proposed boat dock project is to construct a new docking facility for the upland development which will require it to extend out far enough past the rip-rap shoreline and mangrove fringe to accommodate the vessels. There is riprap along the entire subject property shoreline as well as 2 large areas of mangroves which are all indicated on the attached certified survey. Additionally, the survey has water depths which indicate that depths are shallow within the allowed 20-feet and therefore the vessels and dock need to extend out to avoid impacts. Criterion met. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The dock is consistent with numerous other docks along the subject and adjacent waterways as well as the overall protrusion. As proposed the dock will not impact navigation as well as maintain the ingress/egress to both adjacent neighboring docking facilities. There is no marked channel within this section of Vanderbilt Lagoon and as a result there will not be any impact to the existing navigation as a result of the proposed project. 3.B.g Packet Pg. 225 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Criterion Met 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The approximate waterway width is 1,695-feet wide. The proposed dock protrusion is 123-feet which is approximately 8% width of the waterway. Criterion Met 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) The proposed docking facility is consistent with the existing neighboring docks which accommodate large slip counts. As proposed the dock will be within the allowed buildable area by providing the required setbacks plus and therefore the proposed footprint will not interfere. Criterion Met 3.B.g Packet Pg. 226 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Secondary Criteria 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The subject property has a rip-rap shoreline along the entire 304-linear feet with two large areas of mangroves and other vegetation mixed within. The proposed docking facility was laid out to preserve/avoid the mangrove areas which results in the docks being pushed further out into the waterway to fully avoid. Additionally, the width of the waterway and the fact the entire waterway is open for navigation allows for a dock to protrude out as being proposed and not being past the allowed 25% width of waterway. Criterion Met 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The proposed docking facility has been fully minimized and still provides deck area for routine maintenance, safe access as well as recreational activities like fishing. The total over-water square footage is 2,557 square feet. Criterion Met 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) The docking facility is for a multi-family residential private, non-commercial condominium and therefore this criterion is not applicable. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) As proposed the dock has been designed within the designated setbacks and is consistent with other existing docking facilities in the area. There are no MAJOR impacts to either adjacent property owner as their view will basically remain unchanged. Additionally, the mangroves will also provide additional coverage. Criterion Met 3.B.g Packet Pg. 227 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) There are no seagrass beds present on the property nor the neighboring properties within 200’ of the existing dock structure. Criterion Met 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) The proposed work is a multi-family dock facility and subject to Manatee Protection Requirements. As proposed should be considered a Preferred Site. Criterion Met 3.B.g Packet Pg. 228 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.256952<> LONGITUDE:W -81.822757SITE ADDRESS:<> 9380 GULF SHORE DR NAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg LOCATION MAP 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-07-2321109RMJ3225WATERMARK CONDOLOCATION MAP48----09-20-23----JR----SHTS 05-07,10----01 OF 13COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.B.gPacket Pg. 229Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr NESW0200400800SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg OVERALL 1940 HISTORIC AERIAL WITH SHORELINE 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOOVERALL 1940 HISTORIC AERIAL WITH SHORELINE48-------------------02 OF 131940SHORELINEPROPERTYBOUNDARYCURRENT MHWLPRE-EMTPED NOTES:<> ALLOWED PRE-EMPTED SF = 9,441<> PROPOSED PRE-EMPTED AREA = 7,565CURRENT MHWLIN 1940 AS LAND3.B.gPacket Pg. 230Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 1940 HISTORIC AERIAL WITH SHORELINE 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDO1940 HISTORIC AERIAL WITH SHORELINE48-------------------03 OF 13·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'1940SHORELINEPROPERTYBOUNDARYCURRENT MHWL69'123'45'12'16'40'PRE-EMTPED NOTES:<> ALLOWED PRE-EMPTED SF = 9,441<> PROPOSED PRE-EMPTED AREA = 7,565CURRENT MHWLIN 1940 AS LANDCURRENT MHWL IN 1940 AS WATER AREA: 236'(CALCULATION: 236' X 40 = 9,441 SF ALLOWABLEPRE-EMPTED AREA)3.B.gPacket Pg. 231Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr NESW0100200400SCALE IN FEETSITE ADDRESS:,9380 GULF SHORE DRNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg EXISTING CONDITIONS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOEXISTING CONDITIONS48-------------------04 OF 13·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'461'TOE OFRIPRAPTOP OFRIPRAPMHWLMANGROVESPROPERTYBOUNDARYRIPARIANLINERIPARIANLINE1695'3.B.gPacket Pg. 232Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW02550100SCALE IN FEETPROPOSEDFIXED DOCKTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg DOCK PLAN 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ09-20-2321109-3225WATERMARK CONDODOCK PLAN48-------------------05 OF 13·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'25572557123'MHWLMANGROVESRIPARIANLINEPROPERTYBOUNDARY30'189'183'MANGROVESRIPRAPRIPARIANLINE3.B.gPacket Pg. 233Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr TENNISCOURTSPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECK4.934.91- 1 . 7 4 . 1 3 . 6 1.82.42 . 6 -0.30.12.7 -0.73.95 . 0 P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg DOCK PLAN - DIMENSIONS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109RMJ3225WATERMARK CONDODOCK PLAN - DIMENSIONS48----09-20-23----JR----ADDED DIMENSIONS----06 OF 13·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'25572557123'121'5'12'12.5'12.5'12.5'12.5'12.5'12.5'12.5'12'12.5'12.5'12.5'12.5'12.5'5'10'13'26'26'13'TOE OFRIPRAPTOP OFRIPRAPMHWLMANGROVESRIPRAPELEVATIONSREFERENCEDTO NAVD 88AA08RIPARIANLINEPROPERTYBOUNDARY12345678910111235'35'100'43'8'8'PROPOSEDFIXED DOCK123'56'5'5'30'SLIP MATRIXSLIP #LENGTH (LF)WIDTH (LF)QUANTITY1-123512.512183' SETBACKTO NORTHRIPARIAN LINE26'189' SETBACKTO NORTHRIPARIAN LINE3.B.gPacket Pg. 234Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr TENNISCOURTSPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECK4.934.91- 1 . 7 4 . 1 3 . 6 1.82.42 . 6 -0.30.12.7 -0.71.7-2.2-0.63.9-1.6-3.1- 3 . 2 - 4 . 8 -5.4-5.7-6.0-6.1-6.3- 6 . 4 -6.3-6.2- 6 . 2 -6.2- 6 . 1 -6.1- 6 . 0 -6.0-2.6-3.1- 3 . 5 -4.5- 5 . 5 - 5 . 7 -5.9-6.1-6.1- 6 . 2 - 6 . 2 -6.1-6.1- 6 . 1 - 6 . 1 - 6 . 0 -1.6-1.9- 2 . 8 -5.5- 5 . 4 -5.8- 5 . 9 - 5 . 9 - 6 . 0 - 6 . 0 - 6 . 1 - 6 . 1 - 6 . 1 - 6 . 0 - 6 . 0 - 6 . 0 -6.0-0.1- 0 . 9 - 2 . 1 - 3 . 3 -4.6-4.7- 5 . 7 - 5 . 9 - 6 . 0 -6.1- 6 . 1 -6.1-6.25 . 0 P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg DOCK PLAN - DEPTHS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109RMJ3225WATERMARK CONDODOCK PLAN - DEPTHS48----09-20-23----JR----REMOVED SETBACK LINE----07 OF 13TOE OFRIPRAPTOP OFRIPRAPMHWLMANGROVESDEPTHSREFERENCEDTO MLWRIPRAPELEVATIONSREFERENCEDTO NAVD 88123456789101112·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COASTAL ENGINEERING CONSULTANTS, INC."11-23-22-1.31'+0.28'304'01,695'25572557123'SLIP MATRIXSLIP #LENGTH (LF)WIDTH (LF)QUANTITY1-123512.5123.B.gPacket Pg. 235Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr - 5 .7 - 5 . 9 - 6 . 1 - 6 . 1 - 6 . 2 - 6 . 2 -2 . 2 - 3 . 1 - 4 .5 - 5 .50102040SCALE IN FEET12.5'12.5'12.5'5'12.5'12.5'5'12.5'5'123'FIXED DOCK(TYP)MHW = +0.28' NAVDMLW =-1.31' NAVDALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATEBOAT LIFT(TYP)ACCESSDOCKTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg CROSS SECTION 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOCROSS SECTION48-------------------08 OF 133.B.gPacket Pg. 236Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr MANGROVESTENNISCOURTEND OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINESPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECK1989 COASTAL CONSTRUCTIONCONTROL LINEP:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW03060120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg SUBMERGED RESOURCE SURVEY 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOSUBMERGED RESOURCE SURVEY48-------------------09 OF 13PROPERTYBOUNDARYTRANSECTTYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWING WITHIN 200FT OF THE PROPOSED PROJECT300'200'10'3.B.gPacket Pg. 237Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr MANGROVES TENNISCOURT END OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINE SPA EXISTINGPOOL EXISTINGPOOL DECK EXISTINGPOOL DECK1989 COASTAL CONSTRUCTIONCONTROL LINEP:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023N E S W0100 200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg ADJACENT DOCKS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109RMJ3225WATERMARK CONDOADJACENT DOCKS48----09-20-23----JR----ADDED DIMENSION----10 OF 13PROPERTYBOUNDARY97'47'33'38'28'75'74'123'69'94'94'53'57'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.97'97'PERMITTEDDOCKSPROPOSEDDOCKS56'3.B.gPacket Pg. 238Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr MANGROVESTENNISCOURTEND OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINESPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECK1989 COASTAL CONSTRUCTIONCONTROL LINEP:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg WIDTH OF WATERWAY 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOWIDTH OF WATERWAY48-------------------11 OF 13PROPERTYBOUNDARY461'RIPARIANLINERIPARIANLINE1695'1564'1186'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.3.B.gPacket Pg. 239Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg 9/20/2023NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21109.00 Watermark Dock Owners Assoc\CAD\PERMIT-COUNTY\21109-BDE.dwg FLUCFCS MAP 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ06-29-2321109-3225WATERMARK CONDOFLUCFCS MAP48-------------------12 OF 13612E4PROPERTYBOUNDARY612E21343511FLUCFCSDESCRIPTIONAREA(AC)1343CONDOMINIUM UNITS0.96511NATURAL RIVER, STREAM, WATERWAY0.29612E2MANGROVE SWAMPS (EXOTICS 25-50%)0.05612E4MANGROVE SWAMPS (EXOTICS75-100%)0.08TOTAL1.38UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):1.380.960.13·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."COASTAL ENGINEERING CONSULTANTS, INC."11-23-22WATER (ACRES):0.293.B.gPacket Pg. 240Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr !¤ !¤!¤ !¤ !¤ !¤ !¤ !¤ !¤ !¤ !¤ PINE RIDGE RD TAMIAMI TRL NGOODLETTE-FRANK RD NI75Turrell, Hall & Associates, Inc.Marine & Environmental Consulting 3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632 WATERMARK CONDOMANATEE MORTALITY MAP ¯ 0 1.6 3.2Mi Man ate e data p ro vided by: Florida Fish an d Wild life Conservation Commission 6% (11 ou t of 18 8) o f watercraft-related man ate e mortalities in Co llier Co unty from 1974 to Present a re with in a 5 mile ra dius of the subje ct property. DRAWN BY: CREATED: JOB NO.: REVISION: SHEET:SECTION- TOWNSHIP- RANGE-32 48S 25E RMJ 06-30-23 21109 N/A N/A N/A P:\21109.00 Watermark Dock OwnersAssoc\GIS\21109_ManateeMort-CNTY.mxd FILE PATH: SCALE:1 "=1.5 mi 13 OF 13 Legend !¤Ma natee Bo at Re la te d Deaths from 1 974 -Present Subject Prope rty 5 Mile Buffer 3.B.g Packet Pg. 241 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr 3. 5 5 3.503.444.934.912 . 1 14.214.384.043.773.87 -1.74.13.61 . 8 2. 4 2.62.41 . 8 2.60 . 7 3.63.23.52.81 . 31.21.04 . 6 X-0.3-0.3-0.3-2.5-1.4- 1 . 0 -2.6- 3 . 3 - 1 . 7 - 2 . 8 - 2 . 3 - 1 . 4 - 1 . 3 -2.9- 2 . 1-1.40.10.82. 0 2 . 73.6- 3 . 2 - 2 . 7 - 1 . 7-0.7- 4 . 8 - 3 . 9-3.0-2.2-1.9-4.4-2.54 . 3 3.92.10.44 . 4 4.34.22.80 . 9 3.63.31. 0 -0.3- 1 . 5 3.11. 8 0 . 8 0.60.23.93.62.01 . 6 1 . 1 -1.20. 40.40.30 . 3 0. 4 0.30.30.30.30.30.40. 4 0.40.2S81°35'30"E 200.00'(D)S81°52'29"W 200.00'(S)N08°24'30"W 300.00'(D)N08°02'43"W 300.00'(S)N08°24'30"W 300.00'(D)N08°02'43"W 299.72'(S)S81°35'30"E 200.00'(D)S81°57'17"W 200.00'(S)NORTH HALF OFLOT VIILOT VIIISOUTH HALF OFLOT IXNORTH HALF OFLOT IXSOUTH HALF OFLOT XTHE WATERMARK,A CONDOMINIUM9380 GULF SHORE DRIVE(O.R. BOOK 1593, PAGE 1450)EXISTING RESIDENTIALSTRUCTUREGULF SHORE DRIVE70' RIGHT OF WAYVANDERBILT LAGOONPLATTED WATERWAY WIDTH = 300'MEASURED WATERWAY WIDTH = 400'±MANGOVESMANGOVESTENNISCOURTBRICKPAVERDRIVEBRICKPAVERDRIVEMEAN HIGH WATER LINELOCATED 11/23/22TOE OFRIP RAPTOP OFRIP RAPEND OF SEAWALLIS 1.0' NORTH OFPROPERTY LINEEND OF SEAWALLIS 0.7' SOUTH OFPROPERTY LINESPAEXISTINGPOOLEXISTINGPOOL DECKEXISTINGPOOL DECKFLOOD ZONE AEELEVATION 11.0FLOOD ZONE AEELEVATION 12.0FLOOD ZONE AEELEVATION 12.0FLOOD ZONE VEELEVATION 13.01989 COASTAL CONSTRUCTIONCONTROL LINEBENCHMARKSET PK NAIL AND DISCSTAMPED CEC LB 2464ELEVATION = 3.55 NAVDBENCHMARKSET 5/8" IRON PIN AND CAPSTAMPED CEC LB 2464ELEVATION = 4.02 NAVDEXISTING DOCKSEXISTING DOCKS5.0-2.9-4.4-4.5- 6 . 1 - 6 . 7 -7.0- 7 . 3 -7.4-7.6- 7 . 7 -7.6- 7 . 5 -7.5-7.5-7.4-7.4- 7 . 3 -7.34 . 4 - 3 . 9 - 4 . 4 - 4 . 8 -5.8-6.8- 7 . 0 - 7 . 2 - 7 . 4 -7.4-7.5-7.5-7.4-7.4- 7 . 4 - 7 . 4 -7.3-2.9-3.2- 4 . 1 - 5 . 5 -6.7-7.1-7.2-7.2- 7 . 3 - 7 . 3 - 7 . 4 -7.4- 7 . 4 -7.3-7.3-7.3-7.3- 1 . 4 - 2 . 2 -3.4- 4 . 6 - 5 . 9 -6.9- 7 . 0 -7.2-7.3- 7 . 4 -7.4-7.4- 7 . 5 - 7 . 4 -7.4- 7 . 4 1. 0 - 1 . 3 - 1 . 4 - 2 . 1 -3.4- 4 . 7 -6.0- 6 . 9 -7.0-7.2- 7 . 3 -7.4-7.4-7.5- 7 . 5 -7.4- 7 . 4 -7.4-7.4-2.6- 3 . 5 - 4 . 6 -5.7-6.6- 6 . 9 -7.0-7.2- 7 . 4 -7.5- 7 . 6 - 7 . 6 - 7 . 6 -7.6- 7 . 5 -7.5- 3 . 2 -4.3-5.7-6.7- 6 . 9 -7.2-7.4- 7 . 4 -7.5-7.6- 7 . 6 - 7 . 6 - 7 . 6 - 7 . 6 -7.5 CLIENT: TITLE:FILE NO.:SHEET OFNO.REVISION DESCRIPTIONDATEBY COASTAL 28421 BONITA CROSSINGS BOULEVARD ENGINEERING CONSULTANTS INC. COASTAL AND MARINE ENGINEERING ENVIRONMENTAL AND GEOLOGICAL SERVICES LAND AND MARINE SURVEY AND MAPPING BONITA SPRINGS, FLORIDA 34135 PHONE: (239)643-2324 FAX: (239)643-1143 www.coastalengineering.com E-Mail: info@cecifl.com Serving Florida Since 1977 THIS DOCUMENT, AND THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY COASTAL ENGINEERING CONSULTANTS, INC. (CECI) OR ITS SUBSIDIARIES SHALL BE WITHOUT LIABILITY TO CECI OR ITS SUBSIDIARIES.FLORIDA BUSINESS AUTHORIZATION NO. LB 2464COASTAL ENGINEERING CONSULTANTS, INC.DATE OF FIELD SURVEY: 11/23/22FLORIDA CERTIFICATE NO. 5295PROFESSIONAL SURVEYOR AND MAPPERTHE ORIGINAL RAISED SEAL OF A FLORIDANOT VALID WITHOUT THE SIGNATURE ANDLICENSED SURVEYOR AND MAPPERDATE OF SIGNATURE: RICHARD J. EWING, VPCHECKED: F.B. ACAD NO. PG. DRAWN: DATE: REF. NO. SCALE: SEC.TWP.RNG.22.26911SPECIFIC PURPOSE SURVEY THE WATERMARK CONDOMINIUM ASSOCIATION, INC.1' = 20' K690 54 25E48S 22.269 22.269 12/12/22 MMW RJE 32LEGAL DESCRIPTIONPARCEL A: THE NORTH HALF OF LOT VII, ALL OF LOT VIII, AND THE SOUTH HALF OF LOT IX,BLOCK B, OF CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 1, ACCORDING TO THEPLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGES 8 AND 9, PUBLIC RECORDS OFCOLLIER COUNTY, FLORIDA, (BUT NOT INCLUDED IN SAID PLAT)ANDTHE NORTH HALF OF LOT IX AND THE SOUTH HALF OF LOT X, BLOCK B, OF CONNER'SVANDERBILT BEACH ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF, ASRECORDED IN PLAT BOOK 3, PAGES 8 AND 9, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, (BUT NOT INCLUDED IN SAID PLAT)THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 60,000 SQUARE FEET OR 1.38ACRES OF LAND.GENERAL NOTES1. = FOUND 5/8" IRON PIN NO I.D.2. BEARINGS BASED ON A GRID BEARING OF S87°58'29"W ON THE NORTH RIGHT OF WAY LINE OF CENTRAL AVENUE.3. DESCRIBED PROPERTY LIES IN FLOOD ZONE AE, ELEVATIONS 11.0 AND 12.0 PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C 0189H DATED MAY 16, 2012.4. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (N.A.V.D. 88).5. ELEVATIONS AND DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.6. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT THE DATE OF SIGNATURE.7. OTHER EXISTING IMPROVEMENTS WERE NOT LOCATED UNDER THE SCOPE OF THIS SURVEY.LEGEND(S) = SURVEY DATA(D) = DESCRIPTION DATA OF THE WATERMARK, A CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 1593, PAGE 1450, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.402010200SCALE: 1" = 20'TIDAL DATUMS AT WATER TURKEY BAYARE BASED ON FLORIDA 872 5222TIME PERIOD = 1983 - 2001ELEVATIONS OF TIDAL DATUMS ARE REFERENCED IN NAVD 1988MEAN HIGH WATER (MHW) = +0.28 FT NAVDMEAN LOW WATER (MLW) = -1.31 FT NAVDMEAN LOWER LOW WATER (MLLW) = -1.73 FT NAVDTIDAL EPOCHMEAN HIGHER HIGH WATER (MHHW) = +0.51 FT NAVDPUBLISHED TIDAL INFORMATION= APRIL 1978 - AUGUST 1978= 8725235 WIGGINS PASS, INSIDECONTROL TIDE STATION3.B.gPacket Pg. 242Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) WATERMARK CONDO 9380 GULF SHORE DR. NAPLES, FL 34108 FOLIO #81207500021 SUBMERGED RESOURCE SURVEY REPORT MAY 2023 PREPARED BY: 3.B.g Packet Pg. 243 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Table of Contents 1 Introduction ....................................................................................................................................... 1 2 Objective ............................................................................................................................................. 2 3 Methodology ...................................................................................................................................... 3 4 Results ................................................................................................................................................. 4 5 Conclusion .......................................................................................................................................... 5 6 Photos .................................................................................................................................................. 6 3.B.g Packet Pg. 244 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 1 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental permitting & engineering services for the proposed new docking facility which accommodates 12 slips and boatlifts. A part of the permitting and design process includes completing an onsite Submerged Resource Survey (SRS) at the subject property Watermark Condo at 9380 Gulf Shore Dr. in Naples, FL 34108 that can be identified by folio #81207500021. This resource survey will provide planning assistance to both the property owner and regulating agencies during the review process for the proposed project. The subject property consists of a multi-family residential complex that can be found on the east side of Gulf Shore Dr. along Vanderbilt Lagoon. The subject waterway connects directly to the Gulf of Mexico through Wiggins Pass. The upland parcel currently consists of a multi-family condominium with an existing rip-rap vegetated shoreline made up of mangroves and other vegetation scattered throughout. The property is neighbored to the north by a multi-family residence with a docking facility, to the south by a multi-family residence with a docking facility, to the east by the subject waterway, and to the west by Gulf Shore Drive. The SRS was conducted on May 5, 2023, between approximately 11:30a.m. and 12:15 a.m. Site conditions on that day consisted of sunny skies with a gentle southeast breeze approximately 5- 10mph. Water clarity was good too fair which allowed for approximately 12-24 inches of visibility. The ambient air temperature was approximately 85 degrees Fahrenheit with an incoming tide. A low tide occurred before the site visit at approximately 7:34 a.m. and reached approximately 0.9’ feet above the Mean Low Water Mark. High tide was achieved after the site visit at approximately 12:48 p.m., reaching approximately 2.5 feet above the Mean Low Water Mark. 3.B.g Packet Pg. 245 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 2 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed dock and boathouse facility project. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re-configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 3.B.g Packet Pg. 246 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 3 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire subject property shoreline for the proposed dock and boathouse installation but also the area within 200 ft. of the proposed site as required by the Collier County LDC. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, adjacent docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on the shoreline taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. 3.B.g Packet Pg. 247 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 4 4 RESULTS The substrate found within the surveyed area consists of only 1 different characteristic being a silty muck material with scattered shell debris. There was also a lot of vegetation debris observed in the surrounding area, mostly from the recent storm surge that affected this area. Depths increased gradually with distance from the rip-rap shoreline increasing in depth out to the middle of the waterway with depths ranging from 2.5 to 8 feet. During the survey, no seagrasses were observed but there were oyster debris consisting of small clusters and scattered oyster debris throughout. Accordingly, no impacts to any submerged resources are expected to occur as the result of the proposed project and no impacts are proposed to any of the existing mangroves along the subject shoreline. A list of species observed during the SRS can be seen below in Table 1. Table 1: Observed species of wildlife and vegetation within the vicinity of the project site Common Name Scientific Name Striped Mullet Mugil cephalus Sheepshead Archosargus probatocephalus Gray Snapper Lutjanus griseus Common Snook Centropomus undecimalis 3.B.g Packet Pg. 248 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 5 5 CONCLUSION The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded few results. An existing rip-rap shoreline is present with scattered mangroves and other vegetation. There were no seagrasses or other significant marine resources that were observed anywhere within the vicinity of the project site. There were significant amounts of barnacles and oyster debris observed in and around the mangrove roots contained up along the shoreline. Based off these observations it is THA opinion that the proposed project will not have any negative impacts to any submerged resources nor the subject waterway water quality. 3.B.g Packet Pg. 249 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 6 6 PHOTOS Photo 1: Existing property southern shoreline and mangroves. Photo 2: Existing property shoreline and mangroves. 3.B.g Packet Pg. 250 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 7 Photo 3: View from existing shoreline of subject waterway Photo 4: View of the existing northern shoreline and adjacent docking facility 3.B.g Packet Pg. 251 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 8 Photo 5: View of shoreline from waterway. Photo 6: Sediment with heavy shell and vegetation debris close to mangrove shoreline. 3.B.g Packet Pg. 252 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 9 Photo 7: Muck/silt sediment out in deeper portions of waterway. Photo 8: Typical bottom sediment. 3.B.g Packet Pg. 253 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) Watermark Condo Submerged Resource Survey May 2023 10 Photo 9: Adjacent dock looking south. 3.B.g Packet Pg. 254 Attachment: Attachment F - HEX Backup Package (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.h Packet Pg. 255 Attachment: Attachment G - Public Hearing Sign Posting 12212023 (27575 : PL20230007149 BD 9380 Gulf Shore Dr Watermark Condominium) 3.B.h Packet Pg. 256 Attachment: Attachment G - Public Hearing Sign Posting 12212023 (27575 : PL20230007149 BD 9380 Gulf 01/11/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.C Doc ID: 27576 Item Summary: Petition No. BLCD-PL20230011315 – 403 Capri Boulevard - Request for a Boat Lift Canopy Deviation from section 5.03.06.G.2 of the Land Development Code to allow a second boat lift canopy, measuring 13 feet by 12.4 feet for a lot with frontage on a canal pursuant to section 5.03.06.G.3 of the LDC. The subject property is located at 403 Capri Boulevard, also known as Lot 594, Isles of Capri, No. 3, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 1 Meeting Date: 01/11/2024 Prepared by: Title: Planner – Zoning Name: John Kelly 12/20/2023 5:17 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 12/20/2023 5:17 PM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Completed 12/27/2023 4:35 PM Growth Management Community Development Department David Merino GMD Approver Skipped 12/28/2023 1:03 PM Zoning Ray Bellows Review Item Completed 12/28/2023 1:31 PM Zoning James Sabo Review Item Skipped 12/29/2023 10:57 AM Zoning Mike Bosi Division Director Completed 01/02/2024 8:28 AM Hearing Examiner (GMD Approvers) David Merino Review Item Completed 01/03/2024 3:30 PM Hearing Examiner Andrew Dickman Meeting Pending 01/11/2024 9:00 AM 3.C Packet Pg. 257 BLCD-PL20230011315; 403 Capri Blvd – Kelsey/Sheehan Page 1 of 6 December 18, 2023 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: JANUARY 11, 2024 SUBJECT: BLCD-PL20230011315, 403 CAPRI BOULEVARD - BOAT LIFT CANOPY _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Dorothea A. Kelsey and Donald J. Sheehan Francine Holt 403 Capri Blvd. Waterway Boat Lift Covers Naples, FL 34113 15040 Tamiami Trail Punta Gorda, FL 33955 REQUESTED ACTION: The petitioner requests a Boat Lift Canopy Deviation from Land Development Code (LDC) Section 5.03.06.G.2 to allow a second boat lift canopy, measuring 13 feet by 12.4 feet, for a lot with frontage on a canal. GEOGRAPHIC LOCATION: The subject parcel is located at 403 Capri Boulevard, also known as Lot 594, Isles of Capri, No. 3, in Section 32, Township 51 South, Range 26 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is an improved and homesteaded waterfront lot comprising 0.24 acres located within a Residential-single-family-4 (RSF-4) Zoning District. The applicant desires to construct a second Boat Lift Canopy upon a dock that was built under Permit No. PRBD20160725966, which corrected some issues with a previously issued permit (No. PRBD20190834375); a Certificate of Completion was issued on March 6, 2020. A Boat Lift Canopy was subsequently applied for per PL20210001179, which was approved administratively to allow a 13-foot by 33-foot canopy, which was built in accordance with Permit No. PRBD20210628912, for which a Certificate of Completion was issued on November 29, 2021. The applicant now desires a second boat lift canopy to be placed upon an existing boat lift that will measure 12.4 feet by 13 feet. The provided survey revealed that the first canopy encroaches into the northern side/riparian setback; the applicant’s agent will bring the first canopy into compliance during the installation of the second if approved. 3.C.a Packet Pg. 258 Attachment: Staff Report 12182023 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) Page 2 of 6 BLCD-PL20230011315; 403 Capri Blvd – Kelsey/Sheehan December 18, 2023 3.C.aPacket Pg. 259Attachment: Staff Report 12182023 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) BLCD-PL20230011315; 403 Capri Blvd – Kelsey/Sheehan Page 3 of 6 December 18, 2023 SURROUNDING LAND USE & ZONING: North: Unimproved property within a Residential Single-Family-3 (RSF-3) Zoning District South: Single-family residence within an RSF-3 Zoning District East: Canal, then a single-family residence within an RSF-3 Zoning District West: Capri Boulevard (Right-of-Way) then a single-family residence within an RSF-3 Zoning District 3.C.a Packet Pg. 260 Attachment: Staff Report 12182023 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) BLCD-PL20230011315; 403 Capri Blvd – Kelsey/Sheehan Page 4 of 6 December 18, 2023 Collier County GIS ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is located adjacent to an ST overlay zone but will not require an ST permit because no new pilings are proposed for the Boat Dock Canopy. A DEP Environmental Resource Permit was issued for the Boat Dock Canopy, The DEP classifies the water body as an altered waterbody, Class II Outstanding Florida Waters, Unclassified for shellfish harvesting. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. 3.C.a Packet Pg. 261 Attachment: Staff Report 12182023 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) BLCD-PL20230011315; 403 Capri Blvd – Kelsey/Sheehan Page 5 of 6 December 18, 2023 STAFF ANALYSIS: The LDC defines a “boat lift canopy” as follows: a covering that is applied to a boat lift over a legally permitted dock. The standards for boat lift canopies are contained within LDC section 5.03.06.G. Boatlift canopies that satisfy the standards contained within LDC section 5.03.06.G may be administratively approved by the County Manager or their designee. Deviations from the listed standards may be approved by the Hearing Examiner subject to the public hearing process. Boatlift canopies are a permitted use on waterfront properties per LDC section 5.03.06.B.5. Land Development Code, Ordinance 04-41, As amended: 5.03.06.G. Standards for boat lift canopies. 1. Boatlift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boatlift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site. In this case, the applicant desires to construct a second boat lift canopy measuring 12.4 feet in width that will not extend beyond the width of the boat lift and 13 feet in length. The boat lift canopy will be 12 feet in height, will have open sides with no curtains, and will be jade in color. Said boat lift canopy will be constructed over a lawfully permitted dock, Building Permit No. PRBD20190834375. As this property is on a canal lot, the second canopy requires implementation of the Boat Dock Canopy Deviation process, which triggers the public hearing process. During the 3.C.a Packet Pg. 262 Attachment: Staff Report 12182023 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) BLCD-PL20230011315; 403 Capri Blvd – Kelsey/Sheehan Page 6 of 6 December 18, 2023 review of this project, it was determined that the first canopy encroaches into the northern side/riparian setback. The applicant’s agent has agreed to correct the location of the first canopy, which will bring the entire dock facility into compliance at the time the second canopy is constructed and before obtaining a Certificate of Completion. CONCURRENT LAND USE APPLICATIONS: None. APPEAL OF BOAT LIFT CANOPY DEVIATION: As to any boat lift canopy deviation petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BLCD-PL20230011315, to allow for the construction of a second boat lift canopy as depicted within the plans contained within Attachments A and B, subject to the following stipulations: 1. The boat lift canopy is to be removed upon issuance of a hurricane warning affecting the general vicinity of the referenced location; and 2. A Building Permit shall be obtained for the placement of the subject boat lift canopy and, if required by the Building Department, for the revisions to the first canopy to reduce its overall length. Attachments: A. Canopy Detail B. Proposed Site Plan C. Dock – Building Permit No. PRBD20160725966 D. Dock – Building Permit No. PRBD20190834375 E. Boat Lift Canopy – PL20210001179 F. Canopy – Building Permit No. PRBD20210628902 G. Applicant’s Backup – Application and Supporting Documents H. Sign Posting 3.C.a Packet Pg. 263 Attachment: Staff Report 12182023 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) Address: 403 Capri Blvd. Naples, Fl 34113 i Total Height:_12 ___ _ (Maximum 121 ) CANOPY DETAIL ..(Maximum 35 1 )..I Total Length: 13 I Length of drop curtain: /Canopy Color: Jade 1L � _[ (�aximum 18 1) Canopy extends beyond boat lift 0 t J - T Total Canopy Width: 12•4'·---- Top view - This drawing must be completed and submitted as an attachment to the Administrative Boat Lift Canopy Application (Maximum 27 11 ) -- 8/2022 Page 5 of 5 3.C.b Packet Pg. 264 Attachment: Attachment A - Canopy Detail (27576 : PL20230011315 BLCD 403 Capri Blvd col�r County � &:....w Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Administrative Boat Lift Canopy and Boat Lift Canopy Deviation Application Land Development Code section 5.03.06 G Chapter 3 of the Administrative Code PETITION NO: PROJECT NAME: DATE PROCESSED: Land Development Code section 5.03.06 G (Dock Facilities) includes provisions for the installation of "boat lift canopies," defined as "A covering that is applied to a boat lift over a legally permitted dock." LDC section 5.03.06 G provides standards for these canopies. I ✓ I Check here if requesting deviation -LDC 5.03.06 G.3. (public hearing advertising and notification fees apply ) If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G., then a petition for a boat lift canopy deviation may be made to the Office of the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. The assigned Planner will take the appropriate steps to prepare the application for the Hearing Examiner hearing. This is an administrative review to determine compliance with the provisions of the LDC. If any other State or Federal permit is required, the applicable perm it(s) must be obtained prior to construction or installation of the boat lift canopy. Please contact the State Dep artm ent of Environmental Protection (239-332-5600) and the US Army Corps of Engineers (239-334-1975) to determine if permitting is required. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Dorothea Anne Kelsey & Donald J Sheehan Name of Applicant if different than owner: -------------------------- Address: 403 Capri Blvd Telephone: 239-253-0211 City: Naples Cell: 239-777-7820 E-Mail Address: don@ottins.com or akelseyrealtor@gmail.com Name of Agent: Francine Holt State: Fl ZIP:34113 ----------------------------------- Firm: Waterway Boat Lift Covers Address: 15040 Tamiami Tri Telephone: 941-505-0237 E-Mail Address: fholt@ waterwayblc.com 09/2022 City: Punta Gorda Cell: State: Fl ZIP: 33955 Page 1 of 5 3.C.c Packet Pg. 265 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) col�r County � &:....w Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY INFORMATION Property ID Number: _5_24_5_0 _1_20_0_0 _1 _________ Section/Township/Range:�/�/� Subdivision: 427000 -ISLES OF CAPRI Unit: 3 Lot: 594 Block:--- Address/General Location of Subject Property: 40 3 Capri Blvd. Naples, Fl 34 113 Current Zoning and Land Use of Subject Property: Single Family Residential --------------------- STANDARDS FOR BOAT LIFT CANOPIES LDC section 5.03.06 defines boat lift canopies as, "A covering that is applied to a boat lift over a dock legally permitted by the requisite local, state and federal agencies." LDC section 5.03.06 G provides standards for these canopies as follows: a)Canopies shall not extend more than 27 inches beyond the width of the boat lift on each side.Total width of Canopy 12 .4' b)Does Canopy extend be_y_o-nd-w-id-th-of-boat lift?D Yes OONo If yes, how many inches? 0 c)The length of the boat lift Canopy shall not exceed 35 feet. Length: 13 ft.d)The height of the boat lift Canopy shall not exceed 12 feet, measured from the highest point of the Canopy to theheight of the dock walkway. Total Height: 12 ft.e)The sides of the Canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18' shall bepermitted on the sides. Length of Drop Curtain: 0 inches.f)Boat lift Canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code.g)Canopy cover material shall be limited to beige, or mid-range shades of blue or green. Canopy Color: Jadeh)No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. Lots with frontage on canals shall be permitted a maximum of 1 boat lift Canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift Canopies per site. If an applicant wishes to construct a boat lift Canopy that does not meet the standards of LDC subsection 5.03.06 G.l, then a petition for a boat lift Canopy deviation may be made to the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. SUBMITTAL REQUIREMENT CHECKLIST See Chapter 3 B. of the Administrative Code for submittal requirements. REQUIREMENTS FOR REVIEW: REQUIRED NOT REQUIRED Completed Application (dow n load curre nt form from Coun ty website) [l] Completed Addressing Checklist [l] Property Ownership Disclosure Form [l] Signed and sealed survey, sh owing any existing dock facility [l] □ Scale drawing of the proposed Canopy. (Please refer to page 4) [l] □ Sample of the fabric for color review. [Z] □ 09/2022 Page 2 of 5 3.C.c Packet Pg. 266 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) [l] [l] col�r County � &:....w Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov FEE REQUIREMENTS Pre-Application fee: $500.00 Boat Lift Canopy Administrative Review fee: $500.00 Fire Planning Review Fee: $100.00 Additional fees, If requesting a deviation: Estimated Legal Advertising fee: $1,125.00 [l] □If applicable, an additional fee for Property Owner Notifications will be be billed to the applicant afterhearing date. {Variable) *If requesting a deviation, listing all registered homeowner and civic associations affected below is required.* ASSOCIATIONS Required: List all registered Home Owner/ Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner/ Civic Association: -------------------------- Ma iii n g Address: City: ------------------------State:ZIP: Name of Homeowner/ Civic Association-·------------------------- Mailing Address: City: State: ------------------------ Name of Homeowner/ Civic Association: ZIP:--- ------------------------- Ma iii n g Address: City: State: ------------------------ Name of Homeowner/ Civic Association: ZIP: ------------------------- Ma iii n g Address: City: State: ------------------------ZIP: Name of Homeowner/ Civic Association: ________________________ _ Mailing Address: ______________ City: _________ State: ZIP: __ _ 09/2022 Page 3 of 5 3.C.c Packet Pg. 267 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) col�r County � &:....w Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. * Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS BOAT LIFT CANOPY APPLICATION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMO Portal: https:// cvportal .colliercountyfl.gov / cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Applicant Signature Dorothea Anne Kelsey Printed Name Date 09/2022 Page4 of 5 3.C.c Packet Pg. 268 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) Address: 403 Capri Blvd. Naples, Fl 34113 i Total Height:_12 ___ _ (Maximum 121 ) CANOPY DETAIL ..(Maximum 35 1 )..I Total Length: 13 I Length of drop curtain: /Canopy Color: Jade 1L � _[ (�aximum 18 1) Canopy extends beyond boat lift 0 t J - T Total Canopy Width: 12•4'·---- Top view - This drawing must be completed and submitted as an attachment to the Administrative Boat Lift Canopy Application (Maximum 27 11 ) -- 8/2022 Page 5 of 5 3.C.c Packet Pg. 269 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Addressing Checklist (Rev /2022) Page 1 of 1 Operations & Regulatory Management Division -- www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: -LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre-approved project and/or street names. LOCATION INFORMATION FOLIO (Property ID) Number(s)of subject property or properties. [Attach list if necessary] LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] STREET ADDRESS(ES)where applicable, if already assigned. PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre-Approval may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 52450720001 ISLES OF CAPRI NO 3 LOT 594 OR 950 PG 1382 403 Capri Blvd Sheehan Canopy Sheehan Canopy 403 Capri Blvd PL20210001179 3.C.c Packet Pg. 270 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) rCounty ...-.---, .... COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL. tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership Dorothea Anne Kelsey 50 Donald J Sheehan 50 b.If the property is owned by a CORPORATION. list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE. list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 3.C.c Packet Pg. 271 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.c Packet Pg. 272 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.c Packet Pg. 273 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) INSTR 5791155 OR 5695 PG 3443 RECORDED 11/15/2019 12:42 PM PAGES 2CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $18.50 CONS $10.00 WARRANTY DEED This Warranty Deed made the .iL day of ,JDJemher �9 2019, by DOROTHEA A. KELSEY, joined by her husband, DONALD. J. SH,E. ERAN, hereinafter called the Grantor, to DOROTHEA A,/K�LSEY and DONALD J. SHEEHAN, wife and husba;( as' ?estate by the entireties, whose post office address is 403)2apijJ3k(d., Naples FL 34113, hereinafter called the Grantee: ••· .. ( .J \. (Whenever used·,h� '.th.: terms "Grantor" and "Grantee" include all the parties t(?,,,,th1s instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). The Trustee hereunder sha:tl fia full power and authority to deal in and with the property . ribed herein, or any part or interest therein, and shall have full power and authority to protect, conserve, d to sdt�r to lease, or to encumber, or otherwise to manage and dispose of the real property described herein, (-· )I ·•'I•·· WITNESSETH: That the Grantor�t; aQ,cf\in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is here� 'a:�k�wledged, hereby grants, bargains, sells, aliens, remises, releases and transfers unto the Grantee,atl}Mtcert{1in land situate in COLLIER County, Florida, viz: ,; ,/� '!'. \ LOT 594, ISLES OF CAPRI, NW, 3;• ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLA,·t:JQ� 3, PAGE 66, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.' . /), TOGETHER with all the tenements, hereditaments ��ppurtenances thereto belonging or in anywise appertaining. ./ • • ( . \ / ...... / TO HA VE AND TO HOLD, the same in fee simple forever'." /·The Grantor hereby covenants with said Grantee that GraptD(is,iawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell an�o�� aid land; that Grantor hereby fully warrants the title to said land and will defend the sameygai�t'the lawful claims of all persons whomsoever; and that said land is free of all encumbrances exce}'!('�:str)ctions and easements common to the subdivision, outstanding oil, gas, and mineral interests ofrecm:t,!!Jtfiy, and ad valorem real estate taxes for the current year. IN_WITNESS WHEREOF, the said Grantor has hereunto set her hand a��!llJ1e day and year first abovewntten. n -�/.�.\ � ;n the presence of �� Signature DOROTHEA A�'>� cJ:t, o� ,; tJ au .,e, l ( 1 Typed Name 3.C.c Packet Pg. 274 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.c Packet Pg. 275 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.c Packet Pg. 276 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) AFFIDAVIT OF AUTHORIZATION FOR PETIT ION NUMB ERS(S) _P_L2_02_30_0_11_31_s _____________________ _ I, Dorothea Anne Kelsey (print name), as Owner (title, if applicable) of 403 Capri Btvd. Naptes, FL 34113 (company, ll apllicable), swear or affirmunder oath, that I am the (choose one) owner[l]applicantOcontract purchaser and that: *Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions onthe 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 matterattached hereto and made a part of this application are honest and true; 3.I have authorized the staff of Collier County to enter upon the property during normal working hoursfor 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 andrestrictions imposed by the approved action. 5. W e / I authorize waterway Boat Lift Covers to act as our/my representativein any matters regarding this petition including 1 through 2 above. •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.•If the applicant is a Umited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member."•If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership.•If the applicant is a trust, then they must include the trustee's name and the words "as trustee".•In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing �ume_nt was acknowleged before me by means of (El physical presence or O online notarization this � day of < 1 ';:,d-, 20 .!:_, by (printed name of owner or qualifier) Dorothea Anne Kelsey Such person(s) Notary Public must check applicable box: IE! Are personally known to me D Has produced a current drivers license ______ _ D Has produced----======:::--as identification. Notary Signature:� /"---=--, CP\08-COA--00115\155 REV 3/4/2020 /i�fej;,;-, SOLITAIR MARIE HOLLENBACK , . . ..._, •. , Notory Public -Stote of Florida •-.1�/! Corr.mission= HH 169193 ··,1,cn,?,•' My Comm. Expires Aug 24, 202S ...... 3crcec thr:cgh �won a! �otary Assn. 3.C.c Packet Pg. 277 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 11/6/2023 To Mr. John Kelly- Planner Reference PL20230011315- Donald Sheehan Pursuant to the above referenced planning number, our customer Donald Sheehan, 403 Capri Blvd. Naples, Fl has requested installation of a second boat lift cover system. This request will require an approved Deviation, as this falls under the Naples Ordinance SEC 5.03.06.G.2, “Lots with coverage on canals shall be permitted a maximum of one boat lift canopy system per site. Lots with frontage on bays shall be permitted a maximum of two boat lift canopy systems per site.” Mr. Sheehan’s property is governed by the rules of the “Canal”. The second canopy system will cover his small boat lift, which handles a smaller watercraft and will protect it from the harsh Florida elements. All permits applying to the existing dock with both lifts and pilings (PRBD2019834375) and first canopy system (PRBD20210628902) have been approved by all agencies. The only compliance issue is that Mr. Sheehan would like to install a second boat lift cover system, where per Ordinance Sec 5.03.06.G.2 states that he can only have one. To comply with Zoning issues found with the existing canopy system previously permitted, Waterway Boat Lift Covers will need to move the existing canopy system forward 2 feet to put the canopy in compliance with Zoning. We will also be shrinking the proposed new canopy from 18 feet to 13 feet to stay within the current LDC code setbacks. Both boat lift cover systems are located directly behind Mr. Sheehan’s home, off Tarpon Bay. This addition will not obstruct any navigation in or out of the canal, and the lifts sit parallel with the seawall. 3.C.c Packet Pg. 278 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.cPacket Pg. 280Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.cPacket Pg. 281Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.c Packet Pg. 282 Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.cPacket Pg. 283Attachment: Attachment B - Proposed Site Plan (27576 : PL20230011315 BLCD 403 Capri Blvd COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRBD2016072596601 PERMIT TYPE: MR ISSUED:BY:APPLIED DATE:07-08-16 APPROVAL DATE: 07-15-16 MASTER #:COA: JOB ADDRESS:403 CAPRI BLVD JOB DESCRIPTION: INSTALL 4 PILINGS FOR A FUTURE BOAT LIFT 403 CAPRI BLVD JOB PHONE: SUBDIVISION #:BLOCK:LOT: FLOOD MAP:ZONE:ELEVATION: FOLIO #: 52450720001 SECTION-TOWNSHIP-RANGE: 32-51-26 OWNER INFORMATION:CONTRACTOR INFORMATION: KELSEY, DOROTHEA ANNE 403 CAPRI BLVD NAPLES , FL 34113- GREG ORICK II MARINE CONSTRUCTION, INC 27171 DRIFTWOOD DR BONITA SPRINGS, FL 34135- CERTIFICATE #:: C28961 PHONE: FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: $1,000.00 TOTAL RES SQFT: 0 TOTAL COMM SQFT: 0 SETBACKS FRONT: 20'REAR:LEFT: 15'RIGHT: 15 SEWER:WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 3.C.d Packet Pg. 284 Attachment: Attachment C - Dock – Building Permit No. PRBD20160725966 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) COIIIER COUNTY BUITDING PER]VIIT REVISION FORMcrowth Matragement Division I zB00 N. Horseshoe Drive, Napres Florida 34104 TEL: z3g_zsz-z4oo 6xia ential 1 or 2 Units (single Permit No. Family/Duplex) E Residential3 or more Uni ts (Mulri-famity) 04 I Commercial ?R BDao l{<t o'l o F .t job Address: Owner's Namei Agent Submitting Revisio z 3zEq EE E= Fza t"t", FL zip, 3Q t3S Etrelontracto r tlOwner Builder ric-(O I address: ?l bRir- Ctcompany tl l t>r il+ Qualifi er/Professional Name: ConEct N E-mail Address: Phone Note: Changes to any exterior portion ofrhe building clearlyindicate any change to the faqade and Description ofWork: Please Q \\1 X i€o( electr'tC rr le trnt Project Name:Additional cosr ofcoo"t ,r.tiro $, 5 fE .ao Additional sQ. FL Livirg/Interion Addiuonal se. FL Non LMng/Exteriori Aq Ll El Priv-at€ provider El Roofing E Septic El shutters fl Permit by Affidavit ! Plumbing E Electric:t E Lolv Volrage E Mechanical E Structuial nt SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME TH $ -L/ ru_ib xottY Lti0st-Y otary Pubtic - State ot ftorid. 0mc mt 9596 9E M c 0mmv E Junargsrp 2020 Eondsd l{atooilhro!0h snlioluy COUN'|Y OF: R AS PRODUCED ID E n ,1 t cr, STATE LICENSE ft STATE OF:€L COMP WHO IS PERSONALLY KNOWN: NOTARY PUBLIC SIGNATURE TYPE OF ID: QUALIFIER'S NAME (PRINT) QUALIFIER'S SIGNATURE: INSPECTIONS NEEDED:ADDITIONAL FEES: Buitding:Fire: g rt7r7r+- PMR Date:Days Review:5 # Set of Plans:3 Parcel # / Folio!4i-lL+ a-'? C[(-] | t 3.C.d Packet Pg. 285 Attachment: Attachment C - Dock – Building Permit No. PRBD20160725966 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: PRBD2016072596601 CO NBR:STATUS: Finaled CO TYPE: COMP ISSUED DATE:October 26, 2016 ADDRESS: 403 CAPRI BLVD SUBDIVISION: LOT:BLOCK:T.R.S.: SLUC CODE:UTILITY COMPANY: JOB DESC: INSTALL 4 PILINGS FOR A FUTURE BOAT LIFT 403 CAPRI BLVD rev.#1 REMOVE AND DISPOSE OF EXISITING DOCK. INSTALL NEW IN EXACT FOOTPRINT WITH LIFT PILES ONLY. NO LIFT OR ELECTRIC NUMBER OF METERS: OWNER:KELSEY, DOROTHEA ANNE LEGAL DESCRIPTION ISLES OF CAPRI NO 3 LOT 594 OR 950 PG 1382 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. 3.C.d Packet Pg. 286 Attachment: Attachment C - Dock – Building Permit No. PRBD20160725966 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRBD2019083437501 PERMIT TYPE: MR ISSUED:BY:APPLIED DATE:08-12-19 APPROVAL DATE: 09-17-19 MASTER #:COA: JOB ADDRESS:403 Capri BLVD, Naples JOB DESCRIPTION: PERMIT AN ALREADY EXISTING BOATLIFT WITH ELECTRIC (see PRBD20160725966) 403 CAPRI BLVD JOB PHONE: SUBDIVISION #:BLOCK:LOT: FLOOD MAP:ZONE:ELEVATION: FOLIO #: 52450720001 SECTION-TOWNSHIP-RANGE: 32-51-26 OWNER INFORMATION:CONTRACTOR INFORMATION: KELSEY, DOROTHEA ANNE 403 CAPRI BLVD NAPLES, FL 34113 GREG ORICK II MARINE CONSTRUCTION, INC 1035 COLLIER CENTER WAY #1 NAPLES, FL 34110 CERTIFICATE #:: C28961 PHONE: FCC CODE: CONSTRUCTION CODE: 0220 JOB VALUE: $1.00 TOTAL RES SQFT: 0 TOTAL COMM SQFT: 0 SETBACKS FRONT:REAR: 20'' Protrusion LEFT: 15'RIGHT: 15' SEWER:WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 3.C.e Packet Pg. 287 Attachment: Attachment D - Dock – Building Permit No. PRBD20190834375 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) BU:LDING PERMIT REVISiON 2800N.HORSESHOE DR:VE,NAPLES FL34104〔239)252‐2400 蓮::苫ト …―ement¨tPRBD20190834375 日 ReJdenja1l or 2 Unts(Sngle Family/Dup!ex)□ReJden●a13+Un■s(Mulj‐Fam∥y)□COmrrlercbl Job Street Address:403 CAPR:BLVD Parcel/Fo:io#52450720001 owner Name. DOROTHEA ANNE KELSEY GREG ORICK∥MARINE CONSTRUCttiON E Contractor I O,rrner-BuilderCompany Name: Qualifi er/License Holder .GREG OR:CK∥ AgenflContact Name:SABRINA DOBBINS Company Address:2815 BAY∨lEVV DR City: NAPLES state:FL zp codα 34112 239-443‐9256 Fax. 239-301-0301 Ema∥: PERMITS@ORICKMARINE.COM 協1:勝協艦∬譜《機lg絶洲慶器朋γ鰍鮮品協%F脇需霧た譜鶴″I=T壼昇認器 =群 =:鵬鰯i Change to O面 Jna:SCOpe cf Work: Project Name:.Additional Cost of Construction S: Additional Sq. Ft. Non-Living/Exterior:Addijona:Sqo Ft.日宙ng/intenOr 175 □Private Provider □Roofing tr Septic E Shutters □Pemtt byAffidavk □Plumbing E Electrical E LowVoltage D Mechanical E Structural GREG OR!CK∥MAR:NE CONSTRUCT:ON Quaniers Name:GREG ORICK∥Qualifie/s Signature: 駄attof r｀ The foregoing instrument was by (Printed name of owner or qualifier) County of E Personally known to me n Has poduced identification 盪機浮∬ ′0■ 書 Notary Signature: lnspections Needed: PMR Date: PLASE DO NOTWRrTE BELOtt FOR STAFF USE ONLY Additional Fees: Building: $Fire: S Bu∥dlng Perrnit Revision Forrn 3-2919 Days Review: 5 Sets of Plans: l Permit Number Job Location lnformation Trades Affected by Revision*資力θε々ハ〃ハρρricable rrades Assο cわたσ wiめ Rθ ソなわη E Gas of Revision Submittal Company Name: 撚容格 3.C.e Packet Pg. 288 Attachment: Attachment D - Dock – Building Permit No. PRBD20190834375 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.e Packet Pg. 289 Attachment: Attachment D - Dock – Building Permit No. PRBD20190834375 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: PRBD2019083437501 CO NBR:STATUS: Finaled CO TYPE: COMP ISSUED DATE:March 06, 2020 ADDRESS: 403 Capri BLVD, Naples SUBDIVISION: LOT:BLOCK:T.R.S.: SLUC CODE:UTILITY COMPANY: JOB DESC: PERMIT AN ALREADY EXISTING BOATLIFT WITH ELECTRIC (see PRBD20160725966) REV1- REMOVE SMALL PORTION OF DOCK IN SETBACKS, INSTALL A SECOND BOATLIFT WITH 4 NEW PILINGS, ADD A SMALL DOCK ADDITION ON THE SOUTH SIDE OF THE DOCK. 403 CAPRI BLVD NUMBER OF METERS: OWNER:KELSEY, DOROTHEA ANNE LEGAL DESCRIPTION ISLES OF CAPRI NO 3 LOT 594 OR 950 PG 1382 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. 3.C.e Packet Pg. 290 Attachment: Attachment D - Dock – Building Permit No. PRBD20190834375 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) June 29, 2021 Robin Behrens 15040 Tamiami Trail 15040 Tamiami Trail Punta Gorda, FL 33955 RE:Boat Lift Canopy, PL20210001179 403 Capri BLVD (BLC) Dear Applicant: You have submitted an application for a Boat Lift Canopy along with a signed, sealed survey of the property showing any existing dock facility on the property; a scale drawing of the proposed facility showing all dimensions; and a sample of the Jade fabric for color review. Your application has been reviewed by Zoning Department staff and has been found to meet all the required standards. The attached drawing has been stamped and dated by staff. When submitting your application for a building permit to construct the proposed facility, please include a copy of this letter, a copy of the survey, a fabric sample, and a copy of the proposed facility stamped and approved drawing. STIPULATIONS: ·Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. Approved by: Development Review Division Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 cc: BLC-PL20210001179 File 3.C.f Packet Pg. 291 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) Date: Reviewed and Approved For: Permit Issuance PL20210001179 6/29/2021 3.C.f Packet Pg. 292 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 293 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 294 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 295 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 296 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 3.C.f Packet Pg. 297 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 05/13/2021 52450720001 3.C.f Packet Pg. 298 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 299 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 300 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 301 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 302 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.f Packet Pg. 303 Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.fPacket Pg. 304Attachment: Attachment E - Boat Lift Canopy – PL20210001179 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRBD20210628902 PERMIT TYPE: Aluminum Structure DATE ISSUED: October 25, 2021 BUILDING CODE IN EFFECT: FBC 7th Edition 2020 JOB ADDRESS: 403 Capri BLVD, Single Family, Naples FOLIO #: 52450720001 JOB DESCRIPTION: install boat lift canopy (PL20210001179) 403 CAPRI BLVD OWNER INFORMATION: KELSEY, DOROTHEA ANNE DONALD J SHEEHAN 403 CAPRI BLVD NAPLES, FL 34113 AREA OF WORK (SQFT): 0 SETBACKS: FRONT: REAR: width 13' LEFT: height 11' RIGHT: length 35' SPECIAL: FLOOD ZONE: AE SEWER: WATER: CONTRACTOR INFORMATION:CERTIFICATE #: WATERWAY BOAT LIFT COVERS, INC. 15040 TAMIAMI TRAIL PUNTA GORDA, FL 33955 (941) 505-0327 C35575 3.C.g Packet Pg. 305 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) INSPECTION JOB CARD To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb INSPECTION OUTCOME COMMENTS 115 - Building Final OPEN CONDITIONS Condition Type:Condition Description: NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas – 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIAL Areas (more than 500 feet from Residential Area) 6:00AM to 8:00PM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. – Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS – Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicable utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within 180 days from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 3.C.g Packet Pg. 306 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.g Packet Pg. 307 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.g Packet Pg. 308 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.g Packet Pg. 309 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) BA NOTE: EXISTING PILING/BEAM CONFIGURATION MAY VARY ARM FRAME 3X6 BOX BEAM PILING BRACKET ARM FRAME 3X6 BOX BEAM (2) 3X6 BOX BEAMS FASTENED TOGETHER W/ (2) 2 3 4" CHANNELS X 12" LONG (INSIDE BEAMS) W/ (12) 3 4" THRU BOLTS 42' MAX. 112" TUBE 112" TUBE EXIST. BEAM EXIST. PILING EXIST. DECK 10'-7" MAX. 10' MAX. 5'-6"5'-6"10'-4" MAX. GAP FOR WATER DRAINAGE (TYP.) 11'-10" SECTION A SCALE 1/2" = 1'-0"3'-4"2'-3"2'14'-6"2' 18'-6"3'-4"2'-3"2'-2 7 8 "VARIES TO 5'-0" MAX.SECTION C SCALE 3" = 1'-0" ARM CORNER 3-WAY FITTING 4-WAY FITTING LEG BRACKET FOOT BRACKET NOTE: ALL TUBE COMPONENTS ARE FASTENED TOGETHER W/ #10 X 34" S.S. SELF-TAPING SCREWS MINIMUM (2) PER CONNECTION 3X6 BOX BEAM LEFT ENDARM FRAME RIGHT END 3X6 BOX BEAM RIGHT END ARM FRAME LEFT END CANTILEVER BRACKET PILING BRACKET INSERT TUBE BA C ARM CORNER 3-WAY FITTING 4-WAY FITTING 3X6 BOX BEAM ARM FRAME 112" TUBING TYP. BEAM W/ PILING BELOW2'14'-6"2'5'-1" MAX. 5'-2" MAX. 5'-2" MAX. 5'-2" MAX. 5'-2" MAX. 5'-2" MAX. GABLE SUPPORT GABLE SUPPORT GABLE SUPPORT GABLE SUPPORT 5'-6" MAX. 5'-6" MAX. SECTION B SCALE 1/2" = 1'-0"4'-8"2'-3"2'- 3 " 2'14'-6"2' 18'-6"3'-4"2'-3"2'-2 3 4 "NOTES: ALL TUBE, PIPE, BAR AND PLATE MATERIALS ARE ALUMINUM. ALL 1-1/2" TUBE IS SCHEDULE 40. ALL BRACKETS ARE WELDED WITH MIG, USING ARGON GAS AND 9MM 4043 WIRE. 1-1/2" TUBE IS 1.250"ID, 1.500" OD, ALLOY 6061-T6. 1-1/2" STRAIGHT PIPE IS 1.610" ID, 1.900" OD, ALLOY 6061-T6. 1-1/2" BENDABLE PIPE IS 1.610" ID, 1.900" OD, ALLOY 6063-T4. THE 1-1/2" TUBE, STRAIGHT PIPE, AND BENDABLE PIPE HAVE AN ULTIMATE TENSILE STRENGTH OF 38,000 PSI, AND YIELD TENSILE STRENGTH OF 35,000 PSI. FLAT STOCK IS ALLOY 6063-T52. ULTIMATE TENSILE STRENGTH IS 22,000 PSI, YIELD TENSILE STRENGTH IS 16,000 PSI. THE DESIGN OF THE STRUCTURAL FRAMING MEMBERS HAS BEEN COMPUTED USING "CATEGORY 1" AND "EXPOSURE D" IN ACCORDANCE WITH THE 2020 ASCE 7-16 FLORIDA BUILDING CODE, CODE SECTION 3105 - AWNINGS AND CANOPIES, SPECIFICALLY 3105.4.2.1, PARTS 1,2,3. THE DESIGN CONDITION IS BASED ON AN ULTIMATE WIND SPEED OF 170 MPH AND A MINIMUM WIND VELOCITY OF 3 SECOND WIND GUST 116 MPH, WHEN THE COVER HAS BEEN REMOVED. MEAN ROOF HEIGHT IS 15' "EXPOSURE D". ADJUSTMENT FACTOR IS 1.47. THIS ALSO COMPLIES WITH (USBC) VIRGINIA UNIFORM STATE BUILDING CODE (CHAPTER 21.1). A PLACARD IS REQUIRED TO BE POSTED AT THE DOCK TO IDENTIFY THE NEED TO REMOVE THE COVERING IN THE EVENT THAT THERE IS A HURRICANE WARNING (WINDS GREATER THAN 70 MPH). SETBACKS ARE TO BE IN ACCORDANCE WITH LOCAL ZONING REGULATIONS OR VARIANCES (3105.1.1) Structural Connections Inc.Engineered Wood Products(800) 972-6385(941) 355-1672 SHEET #: OF REVISIONS:DRAWN BY:DATE:CHECKED BY:REV.DATE:42' x18'-6" RADIUS VERANDA BOX BEAM CANOPY 24" ARMWATERWAY BOAT LIFT COVERS, INCKBGWNJ1/15/211 1 ASSEMBLY ELEVATION VIEW SCALE -3/8" = 1'-0" ASSEMBLY PLAN VIEW SCALE -3/8" = 1'-0"CWATERWAY BOATLIFT COVERS, INC.15040 TAMIAMI TRAILPUNTA GORDA , FL. 33955CORNER GABLE SUPPORT SCALE -3" = 1'-0" 3X6 BOX BEAM Wm. N. Jotham, P.E., VA #011301P.O. BOX 889 Tallevast, Florida 34270(941) 355-1672Wm. N. Jotham, P.E., FL #25257P.O. BOX 889 Tallevast, Florida 34270(941) 355-16721" x 316" FLAT PLATE WELDED @ ALL (4) CORNERS 3.C.g Packet Pg. 310 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.g Packet Pg. 311 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.g Packet Pg. 312 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.g Packet Pg. 313 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR:PRBD2021062890201 CO NBR: STATUS: Finaled CO TYPE:COMP ISSUED DATE: November 29, 2021 ADDRESS:403 Capri BLVD, Naples SUBDIVISION: LOT:BLOCK: T.R.S.: SLUC CODE:UTILITY COMPANY: JOB DESC:install boat lift canopy (PL20210001179) 403 CAPRI BLVD NUMBER OF METERS: OWNER:KELSEY, DOROTHEA ANNE DONALD J SHEEHAN LEGAL DESCRIPTION ISLES OF CAPRI NO 3 LOT 594 OR 950 PG 1382 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. 3.C.g Packet Pg. 314 Attachment: Attachment F - Canopy – Building Permit No. PRBD20210628902 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) col�r County � &:....w Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Administrative Boat Lift Canopy and Boat Lift Canopy Deviation Application Land Development Code section 5.03.06 G Chapter 3 of the Administrative Code PETITION NO: PROJECT NAME: DATE PROCESSED: Land Development Code section 5.03.06 G (Dock Facilities) includes provisions for the installation of "boat lift canopies," defined as "A covering that is applied to a boat lift over a legally permitted dock." LDC section 5.03.06 G provides standards for these canopies. I ✓ I Check here if requesting deviation -LDC 5.03.06 G.3. (public hearing advertising and notification fees apply ) If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G., then a petition for a boat lift canopy deviation may be made to the Office of the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. The assigned Planner will take the appropriate steps to prepare the application for the Hearing Examiner hearing. This is an administrative review to determine compliance with the provisions of the LDC. If any other State or Federal permit is required, the applicable perm it(s) must be obtained prior to construction or installation of the boat lift canopy. Please contact the State Dep artm ent of Environmental Protection (239-332-5600) and the US Army Corps of Engineers (239-334-1975) to determine if permitting is required. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Dorothea Anne Kelsey & Donald J Sheehan Name of Applicant if different than owner: -------------------------- Address: 403 Capri Blvd Telephone: 239-253-0211 City: Naples Cell: 239-777-7820 E-Mail Address: don@ottins.com or akelseyrealtor@gmail.com Name of Agent: Francine Holt State: Fl ZIP:34113 ----------------------------------- Firm: Waterway Boat Lift Covers Address: 15040 Tamiami Tri Telephone: 941-505-0237 E-Mail Address: fholt@ waterwayblc.com 09/2022 City: Punta Gorda Cell: State: Fl ZIP: 33955 Page 1 of 5 3.C.h Packet Pg. 315 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd col�r County � &:....w Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY INFORMATION Property ID Number: _5_24_5_0 _1_20_0_0 _1 _________ Section/Township/Range:�/�/� Subdivision: 427000 -ISLES OF CAPRI Unit: 3 Lot: 594 Block:--- Address/General Location of Subject Property: 40 3 Capri Blvd. Naples, Fl 34 113 Current Zoning and Land Use of Subject Property: Single Family Residential --------------------- STANDARDS FOR BOAT LIFT CANOPIES LDC section 5.03.06 defines boat lift canopies as, "A covering that is applied to a boat lift over a dock legally permitted by the requisite local, state and federal agencies." LDC section 5.03.06 G provides standards for these canopies as follows: a)Canopies shall not extend more than 27 inches beyond the width of the boat lift on each side.Total width of Canopy 12 .4' b)Does Canopy extend be_y_o-nd-w-id-th-of-boat lift?D Yes OONo If yes, how many inches? 0 c)The length of the boat lift Canopy shall not exceed 35 feet. Length: 13 ft.d)The height of the boat lift Canopy shall not exceed 12 feet, measured from the highest point of the Canopy to theheight of the dock walkway. Total Height: 12 ft.e)The sides of the Canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18' shall bepermitted on the sides. Length of Drop Curtain: 0 inches.f)Boat lift Canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code.g)Canopy cover material shall be limited to beige, or mid-range shades of blue or green. Canopy Color: Jadeh)No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. Lots with frontage on canals shall be permitted a maximum of 1 boat lift Canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift Canopies per site. If an applicant wishes to construct a boat lift Canopy that does not meet the standards of LDC subsection 5.03.06 G.l, then a petition for a boat lift Canopy deviation may be made to the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. SUBMITTAL REQUIREMENT CHECKLIST See Chapter 3 B. of the Administrative Code for submittal requirements. REQUIREMENTS FOR REVIEW: REQUIRED NOT REQUIRED Completed Application (dow n load curre nt form from Coun ty website) [l] Completed Addressing Checklist [l] Property Ownership Disclosure Form [l] Signed and sealed survey, sh owing any existing dock facility [l] □ Scale drawing of the proposed Canopy. (Please refer to page 4) [l] □ Sample of the fabric for color review. [Z] □ 09/2022 Page 2 of 5 3.C.h Packet Pg. 316 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd [l] [l] col�r County � &:....w Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov FEE REQUIREMENTS Pre-Application fee: $500.00 Boat Lift Canopy Administrative Review fee: $500.00 Fire Planning Review Fee: $100.00 Additional fees, If requesting a deviation: Estimated Legal Advertising fee: $1,125.00 [l] □If applicable, an additional fee for Property Owner Notifications will be be billed to the applicant afterhearing date. {Variable) *If requesting a deviation, listing all registered homeowner and civic associations affected below is required.* ASSOCIATIONS Required: List all registered Home Owner/ Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner/ Civic Association: -------------------------- Ma iii n g Address: City: ------------------------State:ZIP: Name of Homeowner/ Civic Association-·------------------------- Mailing Address: City: State: ------------------------ Name of Homeowner/ Civic Association: ZIP:--- ------------------------- Ma iii n g Address: City: State: ------------------------ Name of Homeowner/ Civic Association: ZIP: ------------------------- Ma iii n g Address: City: State: ------------------------ZIP: Name of Homeowner/ Civic Association: ________________________ _ Mailing Address: ______________ City: _________ State: ZIP: __ _ 09/2022 Page 3 of 5 3.C.h Packet Pg. 317 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd col�r County � &:....w Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. * Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS BOAT LIFT CANOPY APPLICATION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMO Portal: https:// cvportal .colliercountyfl.gov / cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Applicant Signature Dorothea Anne Kelsey Printed Name Date 09/2022 Page4 of 5 3.C.h Packet Pg. 318 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd Address: 403 Capri Blvd. Naples, Fl 34113 i Total Height:_12 ___ _ (Maximum 121 ) CANOPY DETAIL ..(Maximum 35 1 )..I Total Length: 13 I Length of drop curtain: /Canopy Color: Jade 1L � _[ (�aximum 18 1) Canopy extends beyond boat lift 0 t J - T Total Canopy Width: 12•4'·---- Top view - This drawing must be completed and submitted as an attachment to the Administrative Boat Lift Canopy Application (Maximum 27 11 ) -- 8/2022 Page 5 of 5 3.C.h Packet Pg. 319 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : Addressing Checklist (Rev /2022) Page 1 of 1 Operations & Regulatory Management Division -- www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: -LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre-approved project and/or street names. LOCATION INFORMATION FOLIO (Property ID) Number(s)of subject property or properties. [Attach list if necessary] LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] STREET ADDRESS(ES)where applicable, if already assigned. PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre-Approval may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 52450720001 ISLES OF CAPRI NO 3 LOT 594 OR 950 PG 1382 403 Capri Blvd Sheehan Canopy Sheehan Canopy 403 Capri Blvd PL20210001179 3.C.h Packet Pg. 320 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 321 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 322 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 323 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 324 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 325 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 326 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 327 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 11/6/2023 To Mr. John Kelly- Planner Reference PL20230011315- Donald Sheehan Pursuant to the above referenced planning number, our customer Donald Sheehan, 403 Capri Blvd. Naples, Fl has requested installation of a second boat lift cover system. This request will require an approved Deviation, as this falls under the Naples Ordinance SEC 5.03.06.G.2, “Lots with coverage on canals shall be permitted a maximum of one boat lift canopy system per site. Lots with frontage on bays shall be permitted a maximum of two boat lift canopy systems per site.” Mr. Sheehan’s property is governed by the rules of the “Canal”. The second canopy system will cover his small boat lift, which handles a smaller watercraft and will protect it from the harsh Florida elements. All permits applying to the existing dock with both lifts and pilings (PRBD2019834375) and first canopy system (PRBD20210628902) have been approved by all agencies. The only compliance issue is that Mr. Sheehan would like to install a second boat lift cover system, where per Ordinance Sec 5.03.06.G.2 states that he can only have one. To comply with Zoning issues found with the existing canopy system previously permitted, Waterway Boat Lift Covers will need to move the existing canopy system forward 2 feet to put the canopy in compliance with Zoning. We will also be shrinking the proposed new canopy from 18 feet to 13 feet to stay within the current LDC code setbacks. Both boat lift cover systems are located directly behind Mr. Sheehan’s home, off Tarpon Bay. This addition will not obstruct any navigation in or out of the canal, and the lifts sit parallel with the seawall. 3.C.h Packet Pg. 328 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 329 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.hPacket Pg. 330Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : 3.C.hPacket Pg. 331Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.h Packet Pg. 332 Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : PL20230011315 BLCD 403 Capri Blvd 3.C.hPacket Pg. 333Attachment: Attachment G - Applicant’s Backup – Application and Supporting Documents (27576 : &ƌŽŵ͗:ŽŚŶ<ĞůůǇ ^ĞŶƚ͗&ƌŝĚĂǇ͕ĞĐĞŵďĞƌϮϵ͕ϮϬϮϯϭ͗ϬϯWD dŽ͗:ŽŚŶ<ĞůůǇ ^ƵďũĞĐƚ͗>ͲW>ϮϬϮϯϬϬϭϭϯϭϱͲϰϬϯĂƉƌŝůǀĚͲWƵďůŝĐ,ĞĂƌŝŶŐ^ŝŐŶWŽƐƚŝŶŐ ϭϮϮϭϮϬϮϯ ƚƚĂĐŚŵĞŶƚƐ͗WŚŽƚŽϭ͘ũƉŐ͖WŚŽƚŽϮ͘ũƉŐ /͕:ŽŚŶ<ĞůůǇ͕ƉĞƌƐŽŶĂůůǇƉŽƐƚĞĚƚŚĞƌĞƋƵŝƌĞĚƐŝŐŶĂĚǀĞƌƚŝƐŝŶŐĂWƵďůŝĐ,ĞĂƌŝŶŐĨŽƌƚŚĞƐƵďũĞĐƚƉƌŽũĞĐƚƚŽ ƚŚĞĨƌŽŶƚŽĨƚŚĞƐƵďũĞĐƚĂĚĚƌĞƐƐĂƚϯ͗ϭϭW͘D͘ŽŶĞĐĞŵďĞƌϮϭ͕ϮϬϮϯ͕ĂƐĞǀŝĚĞŶĐĞĚďǇƚŚĞĂƚƚĂĐŚĞĚ ƉŚŽƚŽŐƌĂƉŚƐ͘ ZĞƐƉĞĐƚĨƵůůǇ͕ John Kelly 3ODQQHU,,, Zoning Division – Zoning Services Section Growth Management Community Development Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountyfl.gov 7HOOXVKRZZHDUHGRLQJE\WDNLQJRXU=RQLQJ'LYLVLRQ6XUYH\DWŚƚƚƉ͗ͬͬďŝƚ͘ůǇͬŽůůŝĞƌŽŶŝŶŐ 8QGHU)ORULGD/DZHPDLODGGUHVVHVDUHSXEOLFUHFRUGV,I\RXGRQRWZDQW\RXUHPDLODGGUHVVUHOHDVHG LQUHVSRQVHWRDSXEOLFUHFRUGVUHTXHVWGRQRWVHQGHOHFWURQLFPDLOWRWKLVHQWLW\,QVWHDGFRQWDFWWKLV RIILFHE\WHOHSKRQHRULQZULWLQJ 3.C.i Packet Pg. 334 Attachment: Attachment H - Public Hearing Sign Posting 12212023 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 3.C.i Packet Pg. 335 Attachment: Attachment H - Public Hearing Sign Posting 12212023 (27576 : PL20230011315 BLCD 403 Capri Blvd Kelsey/Sheehan) 01/11/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.D Doc ID: 27443 Item Summary: Petition No. PL20230014103 - VA - 9100 Vanderbilt Drive – Request for a variance from Land Development Code Section 4.02.01 A, Table 2.1, to reduce the required front setback from 25 feet to 23.33 feet on the south property line for the proposed single-family residence and accessory pool to be located at Lot 23, Block 46, Unit No. 6, Naples Park, also known as 9100 Vanderbilt Drive, Naples, FL 34108 in Section 33, Township 48 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 2 Meeting Date: 01/11/2024 Prepared by: Title: Principal Planner – Zoning Name: Sean Sammon 12/06/2023 4:38 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 12/06/2023 4:38 PM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Completed 12/08/2023 4:59 PM Growth Management Community Development Department Diane Lynch Department review Skipped 12/14/2023 6:51 PM Zoning Ray Bellows Review Item Completed 12/21/2023 12:36 PM Zoning Mike Bosi Division Director Completed 12/21/2023 2:04 PM Hearing Examiner (GMD Approvers) David Merino Review Item Completed 01/02/2024 1:39 PM Hearing Examiner Andrew Dickman Meeting Pending 01/11/2024 9:00 AM 3.D Packet Pg. 336 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION - GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: JANUARY 11, 2024 SUBJECT: PETITION NO. VA-PL20230014103, 9100 VANDERBILT DRIVE (VA) PROPERTY OWNER/APPLICANT: Michael and Theresa Norton 9100 Vanderbilt Drive Naples, FL 34108 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve a request for a variance from Land Development Code Section 4.02.01 A, Table 2.1, to reduce the required front setback from 25 feet to 23.33 feet on the south property line for the proposed single-family residence and accessory pool. GEOGRAPHIC LOCATION: The subject ±0.23-acre property is described as Lot 23, Block 46, Unit No. 6, Naples Park. It is located at 9100 Vanderbilt Drive, Naples, FL 34108, on the northeast corner of the intersection of Vanderbilt Drive and 91st Ave N., in Section 33, Township 48 South, Range 25 East, Collier County, Florida. (Please see the Location Map on the proceeding page.) 3.D.a Packet Pg. 337 Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) VA-PL20230014103, 9100 VANDERBILT DRIVE Updated: December 4, 2023 Page 2 of 9 3.D.aPacket Pg. 338Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : VA-PL20230014103, 9100 VANDERBILT DRIVE Updated: December 4, 2023 Page 3 of 9 PURPOSE/DESCRIPTION OF PROJECT: The owners, Michael and Theresa Norton, closed on the property of 9100 Vanderbilt Drive on February 17, 2023. An original survey provided by the realtor showed a setback of 7.5 feet from the property line along 91st Avenue. During the inspection, the owners were told that the actual setback is really 25 feet from the property line along 91st Avenue. Due to the nature of the lot existing as a corner lot, there are only two front yard and two side yard setbacks, with both front yard setbacks requiring 25 feet and the remaining two side yard setbacks requiring 7.5 feet. Therefore, the remaining buildable area contains the remainder subtracted from the setbacks, meaning that the narrow dimension of the lot width, which is measured at 64 feet, yields only a 31.5 feet width (64 – 25 – 7.5 = 31.5), which is less than an average lot width for a legal conforming interior lot. Since the subject property is located within Naples Park, it is prone to flooding during inclement weather and various storms such as hurricanes. The existing house is significantly below the base flood elevation (BFE) and has been flooded with 3 feet of water or more. The owners prefer demolishing the current home to construct a new residence exceeding the current BFE. The new residence will be built with a narrower structure width if the owners receive the requested variance of 1.67 feet into the south front setback along 91st Avenue. The existing residence contains the exterior wall at 1.92 feet into the south front setback along 91st Avenue. The owners received an administrative variance, PL20230007638; however, the administrative variance only applies to the life of the existing structure, and it is removed when the structure is demolished for the new residence. With this request, the new house, once constructed, is planned to be located only 1.58 feet into the south front setback. The owner’s justification for their request is that the current house is encroaching 1.92 feet into the south front yard setback; their request is for a reduction of the encroachment, and with the new house, it will only encroach 1.67 feet. If this variance is granted, the proposed residential structure will only be 1.58 feet into the setback of the south front yard. Because there is a 20-foot-wide swale along 91st Ave N, the proposed house structure will be 43.42 feet from the travel lanes of 91st Ave N. The current residence contains an unpermitted pool that encroaches entirely into the same south-front setback at 12.7 feet. This nonconforming pool doesn’t meet the required front yard setback, and the owner will remove the pool with the proposed new construction. There will not be a visible or any other negative impact resulting from this request, and the proposed residential structure with a garage, lanai, pool deck, and pool will all be in line and utilize the same requested variance. The current residence is below the current base flood elevation and the current code requirements for drainage. The proposed new residential structure will improve the value and sustainability of the property since the proposed residential structure will be above the base flood elevation and meet the code requirements for drainage. Therefore, the owners seek a minimal variance request to construct a narrower residential structure than originally planned. The proposed setback will be 1.67 feet with a final setback of 23.42 feet, rather than the minimum required 25 feet, and will scale back from the existing residential structure’s encroachment of 1.92 feet with a final setback of 23.08 feet. When coupled with the existing swale along 91st Ave N., the actual setback from the edge of the street of 91st Ave N will be roughly 43 feet. Since the width of the subject property is only 64 feet, the remaining buildable width is 31.5 feet. 3.D.a Packet Pg. 339 Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) VA-PL20230014103, 9100 VANDERBILT DRIVE Updated: December 4, 2023 Page 4 of 9 SURROUNDING LAND USE AND ZONING: SUBJECT PARCEL: A single-family residence with a zoning designation of Residential Multi- Family-6 (RMF-6) Zoning District. North: Single-family residence with a zoning designation of RMF-6 East: Single-family residence with a zoning designation of RMF-6 South: 91st Avenue, Beachwalk Residents Association Multi-Family Community, with a zoning designation of a Right-of-Way and RMF-6 West: Vanderbilt Drive and the Vanderbilt Chateau Condominiums, with a zoning designation Right-of-Way and RMF-16 Aerial; Source: Collier County Property Appraiser SUBJECT PROPERTY 3.D.a Packet Pg. 340 Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) VA-PL20230014103, 9100 VANDERBILT DRIVE Updated: December 4, 2023 Page 5 of 9 Zoning Map; Source: Collier County GIS/Addressing Subject Property Existing Site Survey; Source: Galldo Group Inc., April 18, 2023 SUBJECT PROPERTY 3.D.a Packet Pg. 341 Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) VA-PL20230014103, 9100 VANDERBILT DRIVE Updated: December 4, 2023 Page 6 of 9 Subject Property Proposed Variance Site Plan; Source: Lymolo Design Studio., September 6, 2023 – Location of variance request is highlighted in yellow3.D.aPacket Pg. 342Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : VA-PL20230014103, 9100 VANDERBILT DRIVE Updated: December 4, 2023 Page 7 of 9 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Residential Multi-Family-6 (RMF-6) Zoning District and the Urban Residential Subdistrict designated area as identified in the GMP's Future Land Use Map (FLUM). The GMP does not address individual variance requests but deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for a single-family home and an accessory swimming pool, an authorized use in this land use designation. This land use category is designed to accommodate residential uses, including single-family. The single- family home use and accessory are consistent with the GMP's Future Land Use Map. ANALYSIS: The decision to grant a Variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing that are peculiar to the location, size, and characteristics of the land, structure, or building involved? Yes, there are special conditions. The subject property is a corner lot, requiring two front yard and two side yard setbacks. The depth of the lot is only 64 feet, so after applying the required 25 feet front yard and 7.5 feet side yard setbacks, the usable exterior depth is 31.5’ and less than 29.5’ internally. The requested 1.67’ is the minimal amount of relief needed for the home to be designed. The front wall of the current house is 1.92’ into the current setback, with a non-conforming pool 12.7’ into the same front yard setback. This wall and pool will be removed with the construction of the new home. b. Are there special conditions and circumstances that do not result from the applicant's action, such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes, the subject property is a corner lot with two front yard 25’ setbacks, with one of the setbacks significantly reducing the narrow buildable dimension, creating a maximum internal space/dimension less than 29.5’. The pre-existing home is 1.92’ into the setback, and a new structure would be 1.67’ into the setback, a difference of 3 inches. Also, an existing pool encroaches 12.7’ into the same front yard setback along 91st Ave. Lastly, the current home sits 5’ below the base flood elevation. The nonconforming wall and pool will be removed, and the base flood elevation will be met if a new home is built. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, because it is a corner lot, two front yard setbacks and two side yard setbacks exist. No smaller rear yard setback exists, causing the owner to build an unorthodox residential structure. In the RMF-6 zoning district, properties have a 25’ front yard, 7.5’ side yard, and 20’ rear yard setbacks. Legal conforming corner lots in the RMF-6 zoning district properties have two 25’ front yard and two 7.5’ side yard setbacks, thereby limiting the building footprint for the residential and accessory structure. 3.D.a Packet Pg. 343 Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) VA-PL20230014103, 9100 VANDERBILT DRIVE Updated: December 4, 2023 Page 8 of 9 d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building, or structure and promote health, safety, and welfare standards? Yes, the owner has requested the minimum variance necessary to allow them to have the necessary buildable width of 33.17 feet (33’ – 2”). Again, remember that this corner lot yields a buildable width of 31.25’ (after applying 25’ and 7.5’ setbacks to the 64’ depth). e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. Any other corner lot owner similarly situated has the same right to seek a minimal variance. Also, with the additional 20’ R.O.W., the structure will be further from the road than most homes throughout the neighborhood. As noted by the county staff, the buildable footprint for most lots in Naples Park is much larger, even though the area for these lots is less. The long , narrow geometry and the double application of the front yard setbacks inordinately burden this lot. f. Will granting the Variance be in harmony with this Land Development Code's general intent and purpose and not be injurious to the neighborhood or otherwise detrimental to the public welfare? The existing house and entire pool encroach into the setback, with the existing pool encroaching more than 12’. A new house would encroach less into the setback than the current home’s front wall. The pool would also be removed. The new proposed house and pool building footprint would adhere to this same minimal variance request. Also, the new home designed with the variance request will not be discernible, nor will it negatively impact neighbors. g. Are there natural conditions or physically induced conditions that enhance the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Our goal is to keep as many trees as possible, and we would attempt to relocate any trees on the property if needed. The proposed building footprint supports this. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, if granted, the parcel will still be utilized for a single-family detached home, is consistent with the Growth Management Plan's applicable Goals, Objectives, and Policies. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at present. 3.D.a Packet Pg. 344 Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) VA-PL20230014103, 9100 VANDERBILT DRIVE Updated: December 4, 2023 Page 9 of 9 RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the following for Petition VA-PL20230014103, 9100 Vanderbilt Drive: A variance from Land Development Code Section 4.02.01 A, Table 2.1, to reduce the required front setback from 25 feet to 23.33 feet on the south property line for the proposed single-family residence and accessory pool. (Please see Attachment B: Site Plan & Detail for Proposed Variance) Attachments: A. Backup Package B. Site Plan & Detail for Proposed Variance C. Legal Ad & HEX Sign Posting 3.D.a Packet Pg. 345 Attachment: PL20230014103 - Staff Report - 9100 Vanderbilt Drive (VA) [Revision 2] (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN “BACKUP PROVIDED BY APPLICANT.” Planner responsible for providing the County Attorney-drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT – STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY-MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES-THE APPLICANT COULD LOSE ITS HEARING DATE. ____ Application, to include but not limited to the following: ____ Narrative of request ____ Property Information ____ Property Ownership Disclosure Form ____ Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. ____ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) ____ Affidavit of Unified Control ____ Affidavit of Representation ____ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) ____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter ____ Deviation Justifications X X X X NA NA NA NA NA NA NA NA NA NA NA 3.D.b Packet Pg. 346 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides ____ Boundary Survey ____ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. ___ Submerged Resource Surveys may be included here if required. ____ CD with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. I understand that by submitting the above materials, it is the agent ’s/applicant’s responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent’s responsibility to ensure no documentation is left out. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative X X NA NO 12/01/2023 Michael Norton 3.D.b Packet Pg. 347 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) Michael and Theresa Norton 9100 Vanderbilt Drive Naples FL 34108 703-282-3311 703-282-3311 Mnorton@mrcgroup.net DocuSign Envelope ID: 55CD1158-B0AD-4F42-A6BB-C7C6F272C97DDocuSign Envelope ID: 5439AFC6-038A-4504-B7AD-980EA0CF2BEC 3.D.b Packet Pg. 348 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 62838840001 28 48 25 Naples Park 6 23 46 0.23 9100 Vanderbilt Drive Naples, Fl 34108 RMF6 Residential RM6 R.O.W. 91st Ave. Beachwalk RMF6 Residential RM16 R.O.W. Vanderbilt Drive Vanderbilt Chateau Condos ✔25’, 25’ 7.5’ 7.5’ DocuSign Envelope ID: 55CD1158-B0AD-4F42-A6BB-C7C6F272C97DDocuSign Envelope ID: 5439AFC6-038A-4504-B7AD-980EA0CF2BEC 3.D.b Packet Pg. 349 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) None DocuSign Envelope ID: 55CD1158-B0AD-4F42-A6BB-C7C6F272C97DDocuSign Envelope ID: 5439AFC6-038A-4504-B7AD-980EA0CF2BEC 3.D.b Packet Pg. 350 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) ✔ DocuSign Envelope ID: 55CD1158-B0AD-4F42-A6BB-C7C6F272C97DDocuSign Envelope ID: 5439AFC6-038A-4504-B7AD-980EA0CF2BEC 3.D.b Packet Pg. 351 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) DocuSign Envelope ID: 55CD1158-B0AD-4F42-A6BB-C7C6F272C97DDocuSign Envelope ID: 5439AFC6-038A-4504-B7AD-980EA0CF2BEC 3.D.b Packet Pg. 352 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 09/16/2023 Michael J Norton DocuSign Envelope ID: 55CD1158-B0AD-4F42-A6BB-C7C6F272C97DDocuSign Envelope ID: 5439AFC6-038A-4504-B7AD-980EA0CF2BEC 3.D.b Packet Pg. 353 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) Variance Application Narrative 9100 Vanderbilt Drive, Naples FL 34108 Michael and Theresa Norton signed a contract for 9100 Vanderbilt Drive (Lot 23, Block 46, Unit 6, Naples Park Subdivision) on December 27, 2022, and closed on the property February 17th, 2023. The original survey (copy included) provided by the realtor showed a 7.5’ setback on 91st Ave. During the inspection / contingency period we were told the setback is 25’ on the 91st Ave side of the lot. The narrow dimension of the lot is 64’. A setback of 25’ to the narrow dimension significantly reduces the space available to build a home, leaving a “buildable” width of 31.5’. The current house is significantly below the base flood elevation and the home flooded with 3+ feet of water. Although repairs to the structure would not exceed the 50% rule, we would like to demolish the current home and the new structure would exceed the current base flood elevation. Our builder and architect said we could build a much narrower version of the home we want if we get a variance of 1.67’ into the setback on the 91st Ave frontage. The current house exterior wall is 1.92’ into the setback on the 91st Ave. frontage. An administrative variance for the construction of the new home allowing for an encroachment of 1.92’ into the 91st Ave. side setback was incorrectly applied for and approved by staff. We did not realize that the administrative variance only applied to the existing structure, and not to the new home we wish to build. We spoke with multiple people in the county during the contingency period before fully committing to the purchase of the home, and were told they could not guarantee we would be approved for a variance, but based on conversations with the county staff we were confident it would pass because: • We are asking for a small exterior wall encroachment into the setback. • the existing home is 1.92’ into the setback and a new structure would be 1.67 feet into the setback. • 91st Ave N is a platted 60-foot-wide ROW; however, the travel lanes are 20’ in total width, leaving a 20-foot-wide swale (grassed area) on both the north and south sides of the ROW. This effectively makes the proposed exterior wall more than 40 feet from the travel lane. • There is not a home directly across 91st Ave from the home. • There is an existing pool which encroaches 12.7’ into the front yard setback along 91st Ave. The nonconforming pool will be removed if a new home is built. • County noted all homes on the block have a larger 35 feet buildable footprint dimension (narrow dimension) • Lastly, there will be no discernable visual or other negative impact resulting from this request. In fact, this request is less intrusive than the existing setback. 3.D.b Packet Pg. 354 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) We received an administrative variance (copy included) May 24, 2023, allowing for an encroachment of 1.92’ into the 25-foot front setback on the 91st Ave frontage. After receiving the variance, we worked with our architect and builder moving forward with our house plans. After speaking with a site engineer almost 90 days after receiving the variance, he informed us the variance is for the existing dwelling only and not for future construction. We are asking for a variance for 1.67’ into the setback. A new house would be located 1.58’ into the setback. All other setbacks for the property will be met. The following factors justify this request: •The current house is 1.92’ into the 91st Ave front yard setback. •We are requesting a 1.67’ variance into the 25’ setback along 91st Street frontage. •A new house would be 1.58’ feet into the 91st Ave front yard setback if the requested variance is granted. •The new house structure will be 43.42’ from the actual travel lanes of 91sr Ave N., due to the existing 20-foot-wide swale along 91st Ave N. •The existing pool is 12.7’ into the required 25’ front yard setback along 91st Ave. Note: The existing pool is nonconforming as it does not meet the required 25’ front yard setback (for both principal and accessory uses). The pool will be removed with a new build. •There is not a house across the street from th e current house on the 91st Ave side. •There will be no discernable visual or other negative impact resulting from this request. In fact, this request is less than the existing encroachment. •Current home is well below the current base flood elevation. The new structure would be above the base flood elevation. •Current home does not meet the current code for drainage. New home would meet code. 91st Ave. Frontage 91st Ave Setback 25’ from Property line Current house / Variance 23.08’ from property line 1.92’ into the setback Requested Variance 23.33’ from property line 1.67’ into the setback New Home Location 23.42’ from property line 1.58’ into the setback In conclusion, we are requesting the minimal amount of variance needed to build a much narrower home than originally planned. The setback will be 23.42’ rather than 25’. This will be imperceptible given the actual setback from 91st Ave N of +- 43’. The width of the lot, at just 64 feet leaves a buildable width of only 31.5 ‘. Thank you in advance for all of your help throughout this process. I can be reached by cell or email listed below. Mike Norton 703-282-3311 mailto:mnorton@mrcgroup.net 3.D.b Packet Pg. 355 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 62838840001 28 48 25 Naples Park 6 23 46 0.23 9100 Vanderbilt Drive Naples, Fl 34108 RMF6 Residential RM6 R.O.W. 91st Ave. Beachwalk RMF6 Residential RM16 R.O.W. Vanderbilt Drive Vanderbilt Chateau Condos ✔25’, 25’ 7.5’ 7.5’ DocuSign Envelope ID: 55CD1158-B0AD-4F42-A6BB-C7C6F272C97D 3.D.b Packet Pg. 356 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.b Packet Pg. 357 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 02/16/2023 3.D.b Packet Pg. 358 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.b Packet Pg. 359 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 4.89'4.43'5.30'5.50'5.64'4.82'4.84'4.52'4.39'4.28'4.42'4.36'4.25'1.97'4.41'4.51'4.76'4.34'2.07'INV.=1.72'3.94'4.46'3.70'4.16'3.91'3.97'4.11'4.22'4.72'4.96'4.53'4.80'5.20'5.18'5.08'5.16'5.08'5.07'5.09'5.15'5.19'4.75'5.46'T.B.M. SETPKN&D LB-8223ELEV.=4.77'T.B.M. SETPKN&D LB-8223ELEV.=5.02'SS5.46'SFENCE3.33' N.FENCE1.59' S.5.28'FENCE0.21' N.4.40'FENCE0.42' N.Legal Description As Furnished:Property Address:Certified to:Surveyor's Notes:Parcel I.D.:County/State:Professional Surveyor and MapperGUILLERMO A. GUERREROPSM No. 6453 State of Florida20'10'0GRAPHIC SCALE1" inch = 20' ft.04 / 18 / 202304 / 14 / 2023A.V.G.G.COMPLETION DATE:DRAWN BYDATE OF SURVEYCHECKED BYNLegend:BOLLARDSANITARY MANHOLESDRAIN MANHOLEDPKNNOT APPLICABLEEDGE OF PAVEMENTCONCRETEC/O CLEAN OUTC.M. CONCRETE MONUMENTS.D. STORM DRAINCONC VALLEY GUTTERC.B. CATCH BASINPKND PARKER-KALON NAIL AND DISCN.R. NON-RADIALPROPOSED/EXISTING ELEVATIONEXISTING ELEVATIONP.L.S PROFESIONAL LAND SURVEYORL.B. LAND SURVEYING BUSINESSP.U.E. PUBLIC UTILITY EASEMENTI.D. IDENTIFICATIONLAMP POSTWATER VALVEP.I. POINT OF INTERSECTIONFENCE LINEF.F.E.T.B.M.P.R.C.P.C.C.P.R.M.P.C.T.O.B.P.C.P.P.O.C.E.O.W.P.O.B.P.T.PERMANENT CONTROL POINTPOINT OF COMMENCEMENTPOINT OF BEGINNINGPOINT OF REVERSE CURVATUREPOINT OF CURVATUREPOINT OF TANGENCYTOP OF BANKFINISHED FLOOR ELEVATIONTEMPORARY BENCH MARKBENCH MARKEDGE OF WATERPOINT OF COMPOUND CURVATUREPERMANENT REFERENCE MONUMENTU.E.D.E.C.U.E.L.B.E.F.A.E.CENTER LINECOUNTY UTILITY EASEMENTLANDSCAPE BUFFER ESMT.FIELDACCESS EASEMENTUTILITY EASEMENTDRAINAGE EASEMENTPLATP.C.M.CALCULATEDFIELD MEASUREDIRON RODFOUNDI.R.FND.I.R.NAILWELLD.H.N.& D.IRON PIPEI.P.CATCH BASINCONCRETE MONUMENTDRILL HOLEPARKER-KALON NAILNAIL & DISKCATVO.H.L.ELEC.TEL.W.M.IRRIGATION EASEMENTE.R.C.P.I.E.ELECTRIC BOXELLIPTICAL REINFORCED CONCRETE PIPETELEPHONE FACILITIESWATER METERCABLE TV. RISERPOWER POLEOVERHEAD LINEEXISTING FIRE HYDRANTCONC.E.P.N/AR. RADIALC.V.G.BENCHMARKB.M.OVERHEAD LINEEASEMENT LINEEDGE OF THE WATER LINECENTERLINEASPHALTPRIMARY STRUCTURESECONDARY STRUCTUREPRIMARY PROPERTY LINESECONDARY PROPERTY LINEWATER FLOW ARROWANCHORB.F.E. BASE FLOOD ELEVATIONBREAK LINE (N.T.S.)N.T.S. NOT TO SCALEDISTANCE LIMIT ARROWOAK - PALM - PINER/W RIGHT OF WAYP.S.M. PROFESIONAL SURVEYOR & MAPPERF.P.L. FLORIDA POWER AND LIGHTW.V.WATER VALVE00.00'00.00'CONC. POWER POLE U.G.UNDERGROUNDPROPOSED ELEVATION00.00'M.A.F.L. MEAN ANNUAL FLOOD LINEFENCE0.61' S.FENCE23.20' N.T.B.M. SETPKN&D LB-8223ELEV.=4.73'60.16'33.10'16.35'9.00'22.30'9.00'16.50'19.41'5.01'13.69'EXISTING 1 STORYBUILDING # 9120LOT 24BLOCK 461 STORY BUILDING(RESIDENTIAL #9100F.F. ELEV.= 6.35'LOT 23BLOCK 46(10,064.00 SQ. FT.0.231 ACRES)W.V.W.V.UTILITY91ST AVENUE (P)CLVANDERBILT DRIVE( 20.00'± ASPHALT) 60' TOTAL R/WCL CL CL16.02'W.V.C.B.P.R.M.BLOCKCORNERFND. 5/8"I.R. NO. ID.109.94' - 15" ERCPGATEGATECANOPY ASPHALTDRIVEWAYC.B. FIREHYDRANTFND. 1/2"I.R. NO. ID.FND. 1/2"I.R. NO. ID.FND. 5/8"I.R. NO. ID.W.M.FND. 5/8"I.R. NO. ID.LOT 18BLOCK 4691ST AVENUE NORTH (F)( 23.30'± ASPHALT) 60' TOTAL R/WW.M.15.32'CONC.2.9' x 2.9'GATE 20.78'± 7.5' P.U.E.E.P.E.P.NORTH R/WE.P. E.P. EAST R/W 19.90'± SCREENED S89°55'50"E 157.27' P.S89°28'22"E 157.57' M.S01°01'00"E 64.00' P. S00°23'36"E 64.07' M.N89°55'50"W 637.30' P.N89°32'51"W 637.30' C.N89°55'50"W 157.29' P.N89°37'54"W 157.16' M.N01°00'00"W 64.00' P. N00°44'46"W 64.52' M. N01°00'00"W 94.01' P.N00°37'01"W 94.01' C.S89°55'50"E 30.01' P.S89°28'22"E 29.88' M.N01°00'00"W 250.61' P.N00°37'01"W 250.61' C. LOT 22 BLOCK 46 12.21 9100 VANDERBILT DRIVE,NAPLES, FL 34108I hereby certify that A Survey of the hereon described property was made undermy direction and meets the Standards of Practice as per Chapter 5J-17.051 & .052F.A.C., pursuant to section 472.027, Florida Statutes.NORTON SR ET AL, MICHAEL J and THERESA ANORTON, it's successor's and/or assigns and theDepartment of Housing and Urban Development astheir interests may appear.LOT 23, BLOCK "46", UNIT No. 6, NAPLES PARK, according to theplat thereof recorded in Plat Book 3, Page 15, of the PublicRecords of COLLIER COUNTY, Florida.Collier/Florida62838840001SKETCH OF BOUNDARY SURVEYSURVEY: GG230263PROPERTY AND OWNER INFORMATIONFlood Zone Information:Community Name: Collier County Unincorporated AreasCommunity Number: 120067Panel: 0189 Suffix: H Effective Date: 05/16/2012Flood Zone: AE B.F.E.= 10.00' / 9.00' (NAVD88)1. LEGAL DESCRIPTION PROVIDED BY OTHERS. NO EXAMINATION OF TITLEMADE BY SURVEYOR. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOREASEMENTS OR OTHER RECORDED ENCUMBRANCES NOT SHOWN ON THE PLAT.2. THIS CERTIFICATION IS ONLY FOR THE LANDS DESCRIBED. IT IS NOT ACERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM FROMENCUMBRANCES OWNERSHIP, OR RIGHTS-OF-WAY.3. UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHERIMPROVEMENTS WERE NOT LOCATED. WALL TIES ARE TO THE FACE OF THEWALL AND ARE NOT TO BE USED TO RECONSTRUCT BOUNDARY LINES.4. NOT VALID WITHOUT THE SIGNATURE & ORIGINAL RAISED SEAL OF A FLORIDALICENSED SURVEYOR AND MAPPER. ONLY VISIBLE ENCROACHMENTS LOCATED.5. THIS SURVEY IS INTENDED FOR CONSTRUCTION PURPOSES ONLY.EXCLUSIVELY FOR THIS USE BY THOSE TO WHOM IT IS CERTIFIED. THIS SURVEYIS TO BE USED FOR CONSTRUCTION, PERMITTING OR DESIGN, ANY OTHER USE ISNOT VALID WITHOUT WRITTEN CONSENT.6. NO EFFORT WAS MADE TO PROVE PLAT BOUNDARIES.7. ONLY IMPROVEMENTS SHOWN WHERE LOCATED. WE DO NOT DETERMINEWHO OWNS THE FENCES, TREES, OR ANY OTHER IMPROVEMENTS.8. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.9. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, ANDRIGHT-OF-WAYS OF RECORD.10. EASEMENTS SHOWN ON THIS DRAWING ARE FROM THE RECORDED PLAT.ANY OTHER EASEMENT (S) PERTAINING TO THE HEREON DESCRIBED LAND (S)MUST BE FURNISHED TO THE SURVEYOR BY THE CLIENT OR THE CLIENTSAGENT PER FLORIDA STATUTE "CHAPTER 5J-17" OF THE FLORIDA ADMINISTRATIVECODE.11. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THANTHE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OFTHE SIGNING PARTY OR PARTIES.12. PARCEL WAS SURVEYED FROM INFORMATION SUPPLIED BY THE CLIENT.13. THE ACCURACY OF CONTROL SURVEY DATA SHALL BE VERIFIED BYREDUNDANT MEASUREMENTS OR TRAVERSE CLOSURES. ALL CONTROLMEASUREMENTS SHALL ACHIEVE THE FOLLOWING CLOSURES:14. COMMERCIAL/HIGH RISK LINEAR: 1' FOOT IN 10,000' FEET;15. SUBURBAN: LINEAR: 1 FOOT IN 7,500' FEET; LINEAR: 1 FOOT IN 5,000' FEET;16. BEARINGS AND DISTANCES SHOWN HEREON AS "M." (See Legend) AREMEASURED BY GPS OBSERVATIONS (STATE PLANE COORDINATE SYSTEM NAD-83FL-EAST). THE BASIS OF BEARING IS BASED UPON N01°00'00"W ALONG OF EASTR/W OF VANDERBILT DRIVE AS PLATTED.17. ELEVATIONS SHOWN HEREON ARE BASED UPON NAVD1988 DATUM,BENCHMARK USED (F-715) WITH ELEVATION OF 12.30'.COVERED AREAWATERCONC. SLABBRICK PAVERWOOD DECKSTONESCL5237 SUMMERLIN COMMONS BLVDSUITE 411 FORT MYERS, FL 33907Tel: 833-425-5364 Fax: 833-425-5363Email: surveying@galldo.comGalldo Group Inc. (LB8223)20.33'±N89°55'50"W 157.29' P.N89°37'54"W 157.16' M.20.39'±ENTRY POOL6.66'38.90'FENCE0.11' N.0.21' W.37.73'4.82'4.65'4.82'4.85'4.79'4.90'5.02'5.09'5.11'5.26'5.09'4.77'4.86'4.67'4.73'4.60'4.67'4.76'4.76'1.49'39.81'4.74'4.79'0.98'21.38'54.14'5.38'5.25'8.75'10.0'4.81' 7.55' 1.00' 0.70'2.40' 3.91' 4.80' 7.80'25.70'25.44'23.09'72.02'71.39'7.81' 3.51' 2.40' 9.19' 9.20' 3.10' 12.30' 3.97'79.04'6.96'4.29'0.58'INV.=2.31'6.95'STORAGE23.08'0.20'68.68'5.80' 13.89'21.25'39.98'1.0'3.0'13.52'4.70'12.15'2.4' 1.00'CONC.POOL EQUIP ZONE AE10.0'ZONE AE9.00'ZONE AE10.0'ZONE AE9.00'ZONE AE10.0'ZONE AE9.00'FENCE0.00' S.FENCE0.39' S.4.41' W.0.50'0.65'64.50'9.80'5.16'4.93'4.60'4.74'3.0'23.00'A/C.3.3' x 3.3'ELEV.= 7.70'GRAVELGRAVELGuillermo A. GuerreroDigitally signed by Guillermo A. Guerrero Date: 2023.04.19 12:38:23 -04'00'3.D.bPacket Pg. 360Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) COVER, SITE PLANA-1ACOVER, SITE PLAN,S-1---S-2---S-3---PROJECT SUMMARYLEGAL DESCRIPTIONDRAWING INDEXGENERAL NOTESADDRESS:9100 VANDERBILT DRIVENAPLES FLORIDA, 34108FLOOD ZONE: AE-10ZONE: RMF-6BASE FLOOD ELEV: 10' NAVDSITE PLANSCALE: 1/8" = 1'-0"1NOT FOR CONSTRUCTIONEDATE: 08.22.23SWN9100 VANDERBILT DRIVE NAPLES, FLORIDA NORTON RESIDENCEPROJECT:LYMOLODESIGN STUDIOTHESE DRAWINGS AND THE CONTENTSHEREIN ARE THE SOLE PROPERTY OFLYMOLO DESIGN STUDIO AND NOPORTION OF ANY MAY BE PRINTED ORCOPIED WITHOUT EXPRESS PERMISSIONOF THIS OFFICE.A-1AAREA CALCULATIONS:FIRST FLOOR AC1738 SF.GARAGE / STORAGE 781 SF.LANAI 385 SF.SECOND FLOOR AC 2684 SF.TERRACE 158 SF.TOTAL AC4422 SF.SITE PLAN FRAGMENTSCALE: 1/2" = 1'-0"2LOT 23, BLOCK "46", UNIT NO. 6, NAPLES PARK, ACCORDING TOTHE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 15, OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDADATE: 09.06.233.D.bPacket Pg. 361Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.bPacket Pg. 362Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.b Packet Pg. 363 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.bPacket Pg. 364Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.bPacket Pg. 365Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 9/26/23, 4:47 PM Print Map https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDSCAPE&paper=LETTER&minX=388147.984710586&minY=698795.149972…1/1 Folio Number: 62838840001 Name: NORTON SR ET AL, MICHAEL J Street# & Name: 9100 VANDERBILT DR Build# / Unit#: 46 / 23 Legal Description: NAPLES PARK UNIT 6 BLK 46 LOT 23 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. 3.D.b Packet Pg. 366 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) Nature of Petition Section 3 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Response: Yes, there are special conditions. The lot is a corner lot, requiring two front yards and two side yards. The depth of the lot is only 64 feet, so after applying the required 25 feet front yard and 7.5 feet side yard, the usable exterior depth is 31.5’ and less than 29.5’ internally. The requested 1.67’ is the minimal amount of relief needed for the home that we have designed. The front wall of the current house is 1.92’ into the setback with a non-conforming pool 12.7’ into the same front yard setback. This wall and pool will be removed with the construction of the new home. b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Response: Yes, the corner lot has 2 front yard 25’ setbacks with 1 of the setbacks significantly reducing the narrow buildable dimension creating a maximum internal space / dimension less than 29.5’. The pre-existing home is 1.92’ into the setback and a new structure would be 1.67’ into the setback. Also, there is an existing pool which encroaches 12.7’ into the same front yard setback along 91st Ave. Lastly, the current home sits 5’ below the current base flood elevation. The nonconforming wall and pool will be removed, and the base flood elevation will be met if a new home is built. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and cause undue hardship on the applicant or create practical difficulties on the applicant? Response: Yes, because it is a corner lot, we have 2 front yard setbacks and 2 side yard setbacks. We do not have a smaller rear yard setback thereby causing us to build an unorthodox structure. In RMF- 6 zoning district, lots have a 25’ front yard, 7.5’ side yard and 20’ rear yard setbacks. Legal conforming corner lot RMS 6 we have (2) 25’ front yards and (2) 7.5’ side yards thereby limiting the building footprint. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare? Response: Yes, we have requested the minimum variance necessary to allow us to have the needed buildable width of 33.17 feet (33’ – 2”). Again, bearing in mind that this corner lot yields a buildable width of 31.25’ (after applying 25’ and 7.5’ setbacks to the 64’ depth). e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 3.D.b Packet Pg. 367 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) Response: No. Any other lot corner lot owner similarly situated has the same right to seek a minimal variance. Also, with the additional 20’ R.O.W., the structure will be further from the road than most homes throughout the neighborhood. As noted by the county staff, the buildable footprint for most lots in Naples Park is much larger, even though the area for these lots is less. The long narrow geometry and the double application of the front yard setbacks inordinately burdens this lot. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Response: The existing house and entire pool encroach into the setback with the existing pool encroaching more than 12’. A new house would encroach less into the setback than the current home’s front wall. The pool would also be removed. The new proposed house and pool building footprint would adhere to this same minimal variance request. Also, the new home designed with the variance request will not be discernible, nor will it have any negative impact on neighbors. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Response: Our goal is to keep as many trees as possible and would attempt to relocate any trees on the property if needed. The proposed building footprint supports this. h) Will granting the variance be consistent with the Growth Management Plan? 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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. 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DARLENE 410 BAY CREEK DR BAY VILLAGE, OH 44140---0 BEACHWALK GARDENS CONDOMINIUM BLDG M-204 23523680007 U POList_150.xls 3.D.b Packet Pg. 372 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive 3 WAYMIRE, PATRICIA M 625 BEACHWALK CIR # G103 NAPLES, FL 34108---8716 BEACHWALK GARDENS CONDOMINIUM BLDG G-103 23521880003 U WEBER TR, STEVEN E STEVEN E WEBER TRUST UTD 07/01/04 3130 WOODLAND SHORES DR DECATUR, IL 62521---0 CHATEAU VANDERBILT A CONDOMINIUM BLDG 1-304 25992500169 U WEBER, DOUGLAS & PATRICIA ANN 11 N PARK DR BRIDGETON, NJ 08302---3725 BEACHWALK GARDENS CONDOMINIUM BLDG R-102 23525840007 U WILLIAM E PATERSON REV TRUST SHERYL L PATERSON REV TRUST 5080 CLEBURNE COURT PLEASANT HILL, IA 50327---0 BEACHWALK GARDENS CONDOMINIUMB LDG R-104 23525920008 U WISE FAMILY TRUST 244 MOUNTWELL AVE HADDONFIELD, NJ 08033---3846 BEACHWALK GARDENS CONDOMINIUM BLDG F-104 23521600005 U WISE FAMILY TRUST 244 MOUNTWELL AVE HADDONFIELD, NJ 08033---3846 BEACHWALK GARDENS CONDOMINIUM BLDG P-103 23525240005 U YARMOUTH NAPLES LLC 100 MAGNOLIA LN YARMOUTH, ME 04096---0 BEACHWALK GARDENS CONDOMINIUM BLDG G-202 23522000002 U YOSCO, NATALIA 1000 MONROE LN BRENTWOOD, TN 37027---0 NAPLES PARK UNIT 6 BLK 46 LOT 29 62839080006 U ZAGE RENTALS I LLC 4705 WEST LEGACY DRIVE MUNCIE, IN 47304---0 BEACHWALK GARDENS CONDOMINIUM BLDG K-203 23523000001 U BECKER, JOHANNES STUETTGERHOFWEG 14 KOELN 50858 GERMANY NAPLES PARK UNIT 6 BLK 46 LOT 28 62839040004 F CABRAL, CARLOS & DEBORAH 53 BEN MACHREE DR MISSISSAUGA L5H 2S2 CANADA BEACHWALK GARDENS CONDOMINIUM BLDG O-305 23525080003 F DALESSANDRO ET AL, LORENZO 50 JOPLING AVENUE N TORONTO M9B 4G2 CANADA BEACHWALK GARDENS CONDOMINIUM BLDG J-104 23522560005 F DISOMMA, TONY DAVID DISOMMA 23 LONG ISLAND CREST SCARBOROUGH M1C 5E5 CANADA BEACHWALK GARDENS CONDOMINIUM BLDG E-102 23521200007 F JASSPARK INV, D J 36 WEBB ST BARRIE L4N 6U2 CANADA BEACHWALK GARDENS CONDOMINIUM BLDG C-103 23520600006 F MILKIS, YAKOV & MARIANNA G JULIAN MILKIS 131 BEECROFT RD APT 2108 TORONTO M2N 6G9 CANADA BEACHWALK GARDENS CONDOMINIUM BLDG U-204 23527040009 F RAYMOND, KIRK J & ANNAROSA 11483 AMALFI COURT WINDSOR N8P 1S6 CANADA BEACHWALK GARDENS CONDOMINIUM BLDG N-306 23524400008 F REUST, URS NIKLAUS BORISRIED 218 OBERBALM CH 3096 SWITZERLAND BEACHWALK GARDENS CONDOMINIUM BLDG O-304 23525040001 F RITZEL, DR HARALD OPPENHEIMER STR 92 MAINZ 55130 GERMANY BEACHWALK GARDENS CONDOMINIUM BLDG T-201 23526600000 F BEACHWALK GARDENS A COND OMINIUM BEACHWALK GARDENS A CONDOMINIUM hrd_parcel_id: 23520000004 169400004 CHATEAU VANDERBILT A CON DOMINIUM CHATEAU VANDERBILT A CONDOMINIUM hrd_parcel_id: 25992500004 27580280006 POList_150.xls 3.D.b Packet Pg. 373 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Name November 8, 2023 Address Naples, FL34108 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 9100 Vanderbilt Drive Naples, FL 34108 It is our intent to ask the County to allow us to build a new home 1.67 feet into the current 25 feet 91st Ave setback. The current home is 1.92 feet into the 91st Ave setback meaning a new home will be further from the road than the current home. The 91st Ave setback is 25 feet from the property line and 45 feet from the road dure to the county’s 20 feet R.O.W. (right of way). There is also a small pool which is 12.7 feet into the setback which would be removed. A new home would be less intrusive into the setbacks than the current property. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Michael and Theresa Norton 552 97th Ave N Naples, FL 34018 Cell 703-282-3311 3.D.b Packet Pg. 374 Attachment: ATTACHMENT A - Backup Package (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) COVER, SITE PLANA-1ACOVER, SITE PLAN,S-1---S-2---S-3---PROJECT SUMMARYLEGAL DESCRIPTIONDRAWING INDEXGENERAL NOTESADDRESS:9100 VANDERBILT DRIVENAPLES FLORIDA, 34108FLOOD ZONE: AE-10ZONE: RMF-6BASE FLOOD ELEV: 10' NAVDSITE PLANSCALE: 1/8" = 1'-0"1NOT FOR CONSTRUCTIONEDATE: 08.22.23SWN9100 VANDERBILT DRIVE NAPLES, FLORIDA NORTON RESIDENCEPROJECT:LYMOLODESIGN STUDIOTHESE DRAWINGS AND THE CONTENTSHEREIN ARE THE SOLE PROPERTY OFLYMOLO DESIGN STUDIO AND NOPORTION OF ANY MAY BE PRINTED ORCOPIED WITHOUT EXPRESS PERMISSIONOF THIS OFFICE.A-1AAREA CALCULATIONS:FIRST FLOOR AC1738 SF.GARAGE / STORAGE 781 SF.LANAI 385 SF.SECOND FLOOR AC 2684 SF.TERRACE 158 SF.TOTAL AC4422 SF.SITE PLAN FRAGMENTSCALE: 1/2" = 1'-0"2LOT 23, BLOCK "46", UNIT NO. 6, NAPLES PARK, ACCORDING TOTHE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 15, OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDADATE: 09.06.2320’ R.O.W.)3.D.cPacket Pg. 375Attachment: ATTACHMENT B - Site Plan & Detail for Proposed Variance (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 91 s t AVE N 9 2 nd AVE N 93 rd AVE N Vanderbilt DRLaunchCIRVanderbilt Beach RDSouthbayDR 6th STPa lmCT LaunchCIRFlagshipDR Ri t zCarlto nDRB e a c h w a l k CIR !I Projec tLocation 3.D.d Packet Pg. 376 Attach ND-38163688NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., January 11, 2024, in the Hearing Examiner’s Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PL20230014103 VA – REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.01 A, TABLE 2.1, TO REDUCE THE REQUIRED FRONT SETBACK FROM 25 FEET TO 23.33 FEET ON THE SOUTH PROPERTY LINE FOR THE PROPOSED SINGLE-FAMILY RESIDENCE AND ACCESSORY POOL TO BE LOCATED AT LOT 23, BLOCK 46, UNIT NO. 6, NAPLES PARK, ALSO KNOWN AS 9100 VANDERBILT DRIVE, NAPLES, FL 34108 IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done 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 how 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@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida 91 s t AVE N 9 2 nd AVE N 93 rd AVE N Vanderbilt DRLaunchCIRVanderbilt Be a c h R DSouthbayDR 6th STPalmCT LaunchCIRFlagshipDR Ri t zCarltonDRB e a c h w a l k CIR!I Project Location 3.D.d Packet Pg. 377 Attachment: ATTACHMENT C- Legal Ad & HEX Sign Posting (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.d Packet Pg. 378 Attachment: ATTACHMENT C- Legal Ad & HEX Sign Posting (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.d Packet Pg. 379 Attachment: ATTACHMENT C- Legal Ad & HEX Sign Posting (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.d Packet Pg. 380 Attachment: ATTACHMENT C- Legal Ad & HEX Sign Posting (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.d Packet Pg. 381 Attachment: ATTACHMENT C- Legal Ad & HEX Sign Posting (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 3.D.d Packet Pg. 382 Attachment: ATTACHMENT C- Legal Ad & HEX Sign Posting (27443 : PL20230014103 - 9100 Vanderbilt Drive Variance) 01/11/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.E Doc ID: 27553 Item Summary: Petition No. PDI-PL20230013897 - 8927 Founders Square DR. - Request for an insubstantial change to Ordinance No. 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section I, Mixed-Use Development Standards, by reducing the minimum floor area for principal structures from 1,000 square feet to 700 square feet. The subject PUD is located southeast of the intersection of Immokalee Road and Collier Boulevard in Section 26, Township 48 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 3 Meeting Date: 01/11/2024 Prepared by: Title: Principal Planner – Zoning Name: Sean Sammon 12/18/2023 4:28 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 12/18/2023 4:28 PM Approved By: Review: Growth Management Community Development Department Diane Lynch GMD Approver Completed 12/19/2023 10:13 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 12/19/2023 10:13 AM Operations & Regulatory Management Michael Stark Review Item Completed 12/27/2023 10:13 AM Zoning Ray Bellows Review Item Completed 12/29/2023 10:01 AM Zoning Mike Bosi Division Director Completed 01/02/2024 8:23 AM Hearing Examiner (GMD Approvers) David Merino Additional Reviewer Completed 01/02/2024 2:40 PM Hearing Examiner Andrew Dickman Meeting Pending 01/11/2024 9:00 AM 3.E Packet Pg. 383 STAFF REPORT TO: HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: JANUARY 11, 2024 SUBJECT: PDI-PL20230013897, BAUMGARTEN MPUD APPLICANT: AGENT: BCHD Partners II, LLC Chris Scott, AICP, Planning Manager 2600 Golden Gate Parkway Peninsula Engineering Naples, FL 34105 2600 Golden Gate Parkway Naples, FL 34105 REQUESTED ACTION: The petitioner requests for an insubstantial change to Ordinance No. 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section I, Mixed-Use Development Standards, by reducing the minimum floor area for principal structures from 1,000 square feet to 700 square feet. GEOGRAPHIC LOCATION: The subject property is located in the Baumgarten MPUD located southeast of the intersection of Immokalee Road and Collier Boulevard in Section 26, Township 48 South, Range 26 East, Collier County, Florida. (See the location map on page 2). 3.E.a Packet Pg. 384 Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 2 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 20233.E.aPacket Pg. 385Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 Page 3 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023 PURPOSE/DESCRIPTION OF PROJECT: The insubstantial change request to the Baumgarten MPUD will revise Exhibit B, Table I, of the Mixed- Use Development Standards by proposing to reduce the minimum floor area for principal structures from 1,000 square feet to 700 square feet. The Baumgarten MPUD is an existing ±55.66-acre Mixed Use Planned Unit Development approved by Ordinance 2019-11. The location for the MPUD is at the southeast intersection of Immokalee Road and Collier Boulevard. Ord. 2019-11 was approved for 270,000 square feet of commercial uses and 400 residential units. Baumgarten MPUD is arranged into ±10 acres designated as Residential (R), ±20 acres designated as Mixed Use (MU), and ±14 acres designated as Mixed Use or Residential (MU/R). In December of 2019, the MPUD received approval of Construction Plans and Plat (PPL), PL20190000344, for 247,696 square feet of commercial floor area and 400 multifamily residential units. Of the total, most have been constructed or approved for site development plans, per tract this includes: Tract A: 34,275 square feet Founders Square Medical Office Building (PL20190001346) Tract B: 39,664 square feet the Pointe at Founders Square shopping center (PL20190001486) Tract C: 4,200 square feet Lake Park Diner restaurant (PL20220005937) Tract D: 4,715 square feet 7-Eleven gas station/convenience store and carwash (PL20200000997) Tract E: 3,337 square feet Kelly’s Roast Beef restaurant (PL20220003927) Tract F*: 1,023 square feet Roadie’s Coffee Shop (PL20220006009)* Tracts I and J: 47,587 square feet the Plaza at Founders Square shopping center (PL20210001055) Tract K: 109,457 square foot indoor self-storage building (SDP, PL20190001486) Tract L: 400-unit Haldeman Luxury Apartments (SDP, PL20190000132) This insubstantial change to a PUD request is primarily planned for principal uses in the Mixed-Use designation of the Baumgarten MPUD. Tract F is the immediate proposed use in relation to the request, and the parcels adjacent to the east, Tracts G, H-1, and H-2, currently have not received a development order approval but will be related for future planning purposes. Per Staff review, the request to reduce the minimum floor area for principal structures to 700 square feet is consistent with the commercial uses in the C-3 through C-5 commercial zoning districts. The reduction in the minimum floor area may allow for a smaller building footprint for the Baumgarten MPUD, inclusive of the proposed Roadie’s Coffee Shop on Tract F. The proposed coffee shop is designed as a drive-through and carryout with no inside dining. The proposed facility was approved with 1,023 square feet of building area; however, since it will be limited to a non-kitchen area and a walk-in cooler, this facility will not require the 1,000 square feet of floor area. A justification for the reduction in the minimum floor area is that this i s consistent with current market trends for what is termed Quick Service Restaurants (QSRs). Over the past few years, the restaurant and food service industry has observed a dramatic shift in consumer habits in the utilization of drive-throughs, carryout services, and delivery services. Because of this, many restaurants have reduced or eliminated in-restaurant dining areas. Many fast-food providers created applications and digital sale services providing loyalty rewards and easier ordering options for consumers. QSRs across the nation, which include national food chains, have focused on redesigning to drive-through, take-out, and mobile ordering, so much so that many chains have eliminated or are eliminating their indoor seating completely. 3.E.a Packet Pg. 386 Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 4 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023 The proposed reduction in the minimum floor area within the Mixed-Use designation enables proposed retailers to meet customer demands based on market trends. Reducing the building area will not negatively impact uses within or outside the Baumgarten MPUD. The proposed structure is still subject to the other development standards of the PUD and the Land Development Code (LDC), which includes the county’s architectural and site design requirements of LDC Section 5.05.08. The proposed insubstantial change to a PUD request will specifically be implemented in the Baumgarten MPUD Ord. 2019-11 in Exhibit B, Table I, Mixed-Use, the “Minimum Floor Area” for the Principal Uses of the Development Standards, changing from 1,000 square feet to the proposed reduction of 700 square feet. 3.E.a Packet Pg. 387 Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 5 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023Baumgarten MPUD – Current Master Concept Plan Subject PUD 3.E.aPacket Pg. 388Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 Page 6 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023 SURROUNDING LAND USE AND ZONING (related to the subject site location) This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of the Baumgarten MPUD: North: Immokalee Road, a six-lane roadway Right-of-Way (R.O.W.), and then Developed Mixed Commercial and Residential uses; Planned Unit Development (PUD) of Heritage Bay. East: Developed Residential; The Residential Planned Unit Development (RPUD) Bent Creek Preserve. South: Internal roadway, Developed Residential; Planned Unit Development (PUD) of Tuscany Cove. West: Collier Boulevard, a six-land roadway, Right-of-Way (R.O.W.), and then developed mixed commercial, preserve, and residential uses, Planned Unit Development (PUD) of Richland. 3.E.a Packet Pg. 389 Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 7 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023Base Zoning Map – Collier County GIS/Addressing, ESRISubject PUD Tract F – Proposed Roadie’s Coffee Shop Location 3.E.aPacket Pg. 390Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 Page 8 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023 STAFF ANALYSIS Comprehensive Planning: According to the Current Future Land Use Map the Subject property is located in the Urban Commercial district as well as within Activity Center #3. Mixed Use Activity Centers are designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The proposed reduction of the minimum floor area for principal structures from 1,000 square feet to 700 square feet is a minor amendment to the development regulations for the PUD. This change does not affect the Urban Commercial or activity center designation. It is therefore the opinion of zoning staff that the proposed amendment is consistent with the Future Land Use Plan. Transportation Element: Not applicable. Zoning Review: The original request for the insubstantial change request was for a reduced minimum floor area from 1,000 SF to 500 SF for principal structures in the Mixed-Use designation. The request was to allow for a smaller building footprint for a proposed drive-thru coffee shop. The justification provided was for the proposed drive-thru coffee shop and not for all the listed permitted principal uses in the PUD for the MU designation, however, the revised PUD was written to reduce the minimum floor area for all principal uses. Staff reviewed and requested the applicant to update Exhibit B to either specify that the floor reduction to 500 SF was to be tied solely to the proposed coffee shop or keep the reduction for all principal uses to a reduced 700 SF as comparable to the C-3/C-4 uses in the LDC, with an updated justification in the narrative for all uses. The applicant abided and edited the reduction request to be 700 SF for all principal uses, which is consistent with the C-3, C-4, and C-5 uses in the LDC Sec. 4.02.01, Table 2, Minimum Floor Area of Buildings. Therefore, staff is recommending approval for this PUD Insubstantial Change petition. Landscape Review: Not Applicable. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). No revisions to the environmental portions of the PUD are being requested. Environmental Review: Environmental Planning staff has reviewed this petition. The request is to amend (Ordinance 19-11) to modify the PUD to allow a proposed reduction in minimum floor area. This project does not require Environmental Advisory Council (EAC) review, as this pro ject 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. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1. 3.E.a Packet Pg. 391 Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 9 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023 LDC Section 10.02.13 E.1 Criteria: a.Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, the request does not include a change in the boundary of the PUD. b.Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, the request does not increase the number of dwelling units or intensity of land use or height of buildings within the development. The MPUD will still be limited to a maximum of 270,000 square feet of commercial uses, 400 dwelling units and a maximum trip cap of 1,159 two -way PM peak hour trips. c.Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, the request does not change preservation, conservation, recreation, or open space areas. d.Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, the request does not increase areas or relocate areas for nonresidential uses. The changes to the Mixed-Use Development standards does not increase or relocate areas designated as Mixed-Use on the Master Concept Plan and does not increase the amount of non-residential intensity permitted in the MPUD. e.Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, the MPUD already allows for drive through facilities. The proposed change allows for a smaller commercial floor area and does not increase impacts of development, such as traffic generation, circulation or impacts on other public facilities. f.Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the request does not change land use activities and does not generate high level of vehicular trips. The MPUD will remain subject to the maximum trip cap of 1,159 two-way PM peak hour trips as identified in Exhibit F, Developer Commitment 4.a. g.Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? 3.E.a Packet Pg. 392 Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 10 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023 No, the request does not result in a requirement for increased stormwater retention or increased stormwater discharges. h.Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No, the request to reduce the minimum floor area does not create incompatibility with, or negatively impact, adjacent land uses. Developments will still need to meet minimum setback and buffering requirements and will still be subject to the County’s architectural and site design standards. i.Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, the request is consistent with the Collier County Growth Management Plan. The Future Land Use Element and GMP do not mandate minimum floor areas. j.The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. No, the MPUD is not located within a Development of Regional Impact (DRI). k.Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? No, the request is not deemed a substantial modification to the MPUD and may be processed as an Insubstantial Change (PDI) pursuant to the LDC and Administrative Code. The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC Sec. 10.02.13.E.2 as follows: a.Does this petition change the analysis of findings and criteria used for the original application? No change to the permitted land uses, intensities or design standards are being requested as part of the petition. 3.E.a Packet Pg. 393 Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 11 of 11 Baumgarten MPUD, PDI-PL20230013897 December 21, 2023 NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was advertised and held on Tuesday, November 7, 2023, at 5:30pm, at the Collier County Library Headquarters Branch, Sugden Theater, located at 2385 Orange Blossom Road, Naples, FL 34109. There were zero (0) members of the public present, and zero (0) who participated remotely on Zoom. There is no copy of the transcript since the meeting adjourned 15 minutes after the scheduled start time. A copy of the NIM advertising and the prepared presentation are included in the Backup Package, Attachment A. PETITION APPEAL TO HEARING EXAMINER As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-89 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceed with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner APPROVE Petition PDI-PL20230013897, Baumgarten MPUD PDI subject to including the following attachments in the HEX Decision: 1.Attachment B – PUD Language Changes Attachments: Attachment A – Backup Package Attachment B – PUD Language Changes Attachment C – Signs & Notification 3.E.a Packet Pg. 394 Attachment: Staff Report - PL20230013897 - Baumgarten MPUD (PDI) [Revision 1] (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 395Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 396Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Pursuant to LDC subsection 10͕a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner’s approval shall be based on the findings and criteria used for the original application. APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: __________________________City: _____________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: ______________________City: _______________ State: _________ ZIP: __________ Telephone: _____________________ Cell: _____________________ Fax: _________________ E-Mail Address: ________________________________________________________________ '(7$,/2)5(48(67 On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. 1HHG+HOS" *0&'3XEOLF3RUWDO 2QOLQH3D\PHQW*XLGH (3HUPLWWLQJ*XLGHV ,QVXEVWDQWLDO&KDQJHWRD38'3', /'&VXEVHFWLRQ &KDSWHURIWKH$GPLQLVWUDWLYH&RGH 5HYLVHGPage 1 of Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.colliercountyfl.gov/ BCHD Partners II, LLC 2600 Golden Gate Parkway Naples FL 34105 239-262-2600 dgenson@barroncollier.com Christopher Scott Peninsula Engineering 2600 Golden Gate Pkwy Naples FL 34105 239-403-6727 cscott@pen-eng.com 3.E.b Packet Pg. 397 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) PUD NAME: _______________________ORDINANCE NUMBER: ________________________ FOLIO NUMBER(S): _____________________________________________________________ Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan?Yes No If no, please explain: _______________________________________________________ Has a public hearing been held on this property within the last year?Yes No If yes, in whose name? _____________________________________________________ Has any portion of the PUD been SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes No If yes, please describe on an attached separate sheet. 1HHG+HOS" *0&'3XEOLF3RUWDO 2QOLQH3D\PHQW*XLGH (3HUPLWWLQJ*XLGHV RevLVHGPage of Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.colliercountyfl.gov/ Buamgarten MPUD 19-11, as amended See Attached 3.E.b Packet Pg. 398 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre-Application Meeting notes Project Narrative, including a detailed description of proposed changes and why amendment is necessary Detail of request Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Revised Text and any exhibits PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # Warranty Deed Legal Description Boundary survey, if boundary of original PUD is amended If PUD is platted, include plat book pages List identifying Owner & all parties of corporation Affidavit of Authorization, signed & notarized Completed Addressing Checklist Property Ownership Disclosure Form Copy of 8 ½ in. x 11 in. graphic location map of site Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: x Followingthe completionof the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. x Please contact the project manager to confirm the number of additional copies required. 1HHG+HOS" *0&'3XEOLF3RUWDO 2QOLQH3D\PHQW*XLGH (3HUPLWWLQJ*XLGHV RevLVHGPage of Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.colliercountyfl.gov/ Not Required - No changes to MCP x ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 3.E.b Packet Pg. 399 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Parks and Recreation: Emergency Management: Naples Airport Authority: Conservancy of SWFL: Other: City of Naples: Other: FEE REQUIREMENTS PUD Amendment Insubstantial (PDI):$1,500.00 Pre-Application Meeting:$500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Applicant/Owner Name (please print) 1HHG+HOS" *0&'3XEOLF3RUWDO 2QOLQH3D\PHQW*XLGH (3HUPLWWLQJ*XLGHV RevLVHGPage of Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.colliercountyfl.gov/ Digitally signed by Christopher Scott DN: cn=Christopher Scott, c=US, o=Peninsula Engineering, email=CScott@pen-eng.com Date: 2023.08.21 13:27:44 -04'00' Christopher Scott Christopher O. Scott (Agent) 8/21/2023 3.E.b Packet Pg. 400 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Baumgarten MPUD PDI, PL20230013897 Page | 1 Revised October 6, 2023 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 BAUMGARTEN MPUD PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE PROJECT NARRATIVE & EVALUATION CRITERIA PROJECT OVERVIEW: The application proposes an insubstantial change to the Baumgarten MPUD, by revising Exhibit B, Table I, Mixed Use Development Standards by reducing the minimum floor area for principal structures from 1,000 square feet to 700 square feet. PROJECT BACKGROUND: The existing 55.66-acre Baumgarten MPUD (aka Founders Square) was approved by Ordinance 2019-011 and is located southeast intersection of Immokalee Road and Collier Boulevard. The MPUD is approved for 270,000 square feet of commercial uses and 400 residential units. The MPUD includes approximately 10- acres designated as Residential (R), 20-acres designated as Mixed Use (MU) and 14-acres designated as Mixed Use or Residential (MU/R). The MPUD has been amended through the PDI process twice: • HEX No. 2020-27 (Corrective Decision to HEX No. 2020-15) approved an Insubstantial Change petition, PL20200000048, to add deviations from LDC Sections 5.05.05.B.1., 5.05.05.D.2.a., and 5.05.05.D.2.b. related to “Facilities with Fuel Pumps;” from LDC Sections 5.06.04.F.2.b. related to “outparcels-ground signs;” and from LDC Section 5.06.04.F.3., related to “Directory Signs.” This PDI also modified a previously approved Deviation #3 related to “Ground Signs.” • HEX No. 2021-42 approved an Insubstantial Change petition, PL20210000379, to revise the Exhibit B, Section I, Mixed Use Development Standards, by decreasing the required minimum side yard setback from the eastern property boundary from 50-feet to 25-feet, removing the requirement to increase setback based on building height, and limiting the maximum height of principal structures within 50’ of the eastern property boundary to 35-feet zoned height and 45-feet actual height. 3.E.b Packet Pg. 401 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Baumgarten MPUD PDI, PL20230013897 Page | 2 Revised October 6, 2023 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 The property received approval of the Construction Plans and Plat (PPL, PL20190000344) in December 2019. Most of the project has been developed or has received development order approval. A total of 247,696 square feet of commercial floor area and 400 multifamily residential units have been constructed or received site development plan approval. These include the following: • Tract A: 34,275 square feet Founders Square Medical Office Building (PL20190001346) • Tract B: 39,664 square feet the Pointe at Founders Square shopping center (PL20190001486) • Tract C: 4,200 square feet Lake Park Diner restaurant (PL20220005937) • Tract D: 4,715 square feet 7-Eleven gas station/convenience store and carwash (PL20200000997) • Tract E: 3,337 square feet Kelly’s Roast Beef restaurant (PL20220003927) • Tract F: 1,023 square feet Roadie’s coffee shop (PL20220006009) • Tracts I and J: 47,587 square feet the Plaza at Founders Square shopping center (PL20210001055) • Tract K: 109,457 square foot indoor self-storage building (SDP, PL20190001486) • Tract L: 400-unit Haldeman Luxury Apartments (SDP, PL20190000132) To date, only three outparcels, Tracts G, H-1 and H-2, have not received a development order approval. Tract H-1 did have an SDP submittal for a 3,004 square feet First Florida Integrity Bank (PL20210001094); however, that project was never approved. DETAILS OF REQUEST: This PDI seeks to reduce the minimum floor area requirement for principal structures within the Mixed Use designation from 1,000 square feet to 700 square feet. The 700 square feet minimum floor area is consistent with the minimum requirements for commercial uses within the C-3, C-4 and C-5 zoning districts as specified in LDC Section 4.02.01, Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. The commercial uses permitted within the Baumgarten MPUD Mixed Use designation are consistent with the uses permitted in the C-3, C-4 and C-5 zoning designations. The reduction in minimum floor area will allow for a smaller building footprint for the proposed Roadie’s Coffee shop on Tract F. This facility is designed as a drive-through and carryout facility with no inside dining. It is currently approved with a 1,023 sf building. Because the Roadie’s Coffee building will be limited to non-public kitchen area and a walk-in cooler, it does not require 1,000 sf of floor area. The reduction in minimum floor area is consistent with current market trends for Quick Service Restaurants (QSRs). The COVID-19 pandemic had a dramatic effect on the restaurant industry as consumers and providers had to react to mandatory shutdowns. Contactless ordering and to-go options became the only way to “dine out.” Even now that restaurants have reopened their dining rooms, the industry has seen a dramatic shift in consumer habits. Since the pandemic, there is a significantly larger percentage of customers utilizing drive-thrus and carryout service, delivery service and providers such as DoorDash and UberEats have flourished, and many restaurants are reducing or eliminating in-restaurant dining areas. Additionally, 3.E.b Packet Pg. 402 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Baumgarten MPUD PDI, PL20230013897 Page | 3 Revised October 6, 2023 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 many national fast-food providers have created apps and digital sales services that provide loyalty rewards and easier ordering options for consumers. QSRs including many national chains, are focusing on drive-through, take-out and mobile ordering and many are eliminating indoor seating completely. Chipotle has seen their digital sales, which makes up around 40% of their business, increase 350% from 2018 to 20211. This increase has led to new drive-thru only facilities featuring what they refer to as “Chipotlanes.” Similarly, Starbuck’s reinvention plan initiated in 2022 anticipates that “35% of new stores will be drive-thru only stores, while 14% will be pickup-only and 5% will be delivery. Café-style store openings will be 2% of all openings from fiscal year starting 2023 to 20252.” Jimmy Johns, who is already known for being “freaky-fast,” recently introduced its first ever drive-thru only model with a drastically reduced building footprint which was recently recognized as a Restaurant Development and Design 2023 award winner for Best New Prototype for an Existing Concept3. The proposed reduction in minimum floor area within the Mixed Use designation will enable proposed retailers to meet customer demands based on current market trends. The reduced square footage will not have a negative impact to uses within or outside of the PUD. Structures will still be subject to the other development standards of the PUD and Land Development Code (LDC), including the County’s architectural and site design requirements of LDC Section 5.05.08. 1 “What’s New with Fast-Food Drive-Thrus?” QSR magazine 8/9/2022 2 “Starbucks adapts to Market Changes with Focus on Convenience” Seattle Times 9/23/2022 3 “2023 Award Winners” Restaurant development + design 1/18/2023 3.E.b Packet Pg. 403 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Baumgarten MPUD PDI, PL20230013897 Page | 4 Revised October 6, 2023 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 The proposed request to reduce the minimum floor area within the Mixed Use designation from 1,000 square feet to 700 square feet is consistent with minimum floor area requirements for similar zoning designations and complies with the insubstantial change criteria of LDC Section 10.03.13 E.: COMPLIANCE WITH LDC SECTION 10.02.13 E. E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; The request does NOT include a change in the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; The request does NOT increase the number of dwelling units or intensity of land use or height of buildings within the development. The MPUD will still be limited to a maximum of 270,000 sf of commercial uses, 400 dwelling units and a maximum trip cap of 1,159 two-way PM Peak hour trips. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; The request does NOT change preservation, conservation, recreation or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; The request does NOT increase areas or relocate areas for nonresidential land uses. The changes to the Mixed-Use Development standards does not increase or relocate areas 3.E.b Packet Pg. 404 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Baumgarten MPUD PDI, PL20230013897 Page | 5 Revised October 6, 2023 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 designated as Mixed-Use on the Master Concept Plan and does not increase the amount of non-residential intensity permitted in the MPUD. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; The MPUD already allows for drive through facilities. The proposed change allows for a smaller commercial floor area and does NOT increase impacts of development, such as traffic generation, circulation or impacts on other public facilities. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; The request does NOT change land use activities and does NOT generate higher level of vehicular trips. The MPUD will remain subject to the maximum trip cap of 1,159 two-way PM Peak hour trips as identified in Exhibit F, Developer Commitment 4.a. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The request does NOT result in a requirement for increased stormwater retention or increased stormwater discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The request to reduce the minimum floor area does NOT create incompatibility with, or negatively impact, adjacent land uses. Developments will still need to meet minimum setback and buffering requirements and will still be subject to the County’s architectural and site design standards. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The request IS consistent with the Collier County Growth Management Plan. The Future Land Use Element and GMP do not mandate minimum floor areas. 3.E.b Packet Pg. 405 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Baumgarten MPUD PDI, PL20230013897 Page | 6 Revised October 6, 2023 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 j. The proposed change is to a PUD district designated as a development of regio nal impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or The request is NOT located within a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The request is NOT deemed a substantial modification and may be processed as an Insubstantial Change (PDI). 3.E.b Packet Pg. 406 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Baumgarten PDI, PL20230013897 Page 1 of 1 Revised October 6, 2023 EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. MIXED- USE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10, 000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary*** 25 ft. 15 ft. From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ ROW 10 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft. Office Buildings and Hotel/ Motel 55 ft. 65 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 700 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Any building located 50 feet of the eastern PUD boundary is limited to a maximum zoned height of 35 ft. and a maximum actual height of 45 ft. No dumpster enclosure permitted within 105 feet of the eastern PUD boundary. Note: Residential dwellings may be constructed above retail or office use. 3.E.b Packet Pg. 407 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 BAUMGARTEN MPUD, PDI LIST AND MAP OF PROPERTY OWNERS MAP PARCEL ID OWNER NAME LEGAL DESCRIPTION 1 33155000825 Collier County Founders Square Tract R2 2 33155000809 Founders Square Umbrella Association, Inc. Founders Square Tract R1 3 33155000760 Founders Square Umbrella Association, Inc. Founders Square Tract L-1 4 33155000786 Founders Square Umbrella Association, Inc. Founders Square Tract L-2 5 33155000265 Pearl at Founders Square, LLC Founders Square Tract L 6 33155000249 8890 Founders Square SP, LLC Founders Square Tract K 7 33155000223 BCHD Partners II, LLC Founders Square Tract J Less 8 33155000207 BCHD Partners II, LLC Founders Square Tract I and Part of Tract J 9 33155000029 BCHD Partners II, LLC Founders Square Tract A 10 33155000045 BCHD Partners II, LLC Founders Square Tract B 11 33155000061 BCHD Partners II, LLC Founders Square Tract C Less E 120.57’ 12 33155000087 BCHD Partners II, LLC Founders Square Tract D and E 120.57’ of Tract C 13 33155000100 BCHD Partners II, LLC Founders Square Tract E 14 33155000126 BCHD Partners II, LLC Founders Square Tract F 15 33155000142 BCHD Partners II, LLC Founders Square Tract G 16 33155000168 BCHD Partners II, LLC Founders Square Tract H-1 17 33155000184 BCHD Partners II, LLC Founders Square Tract H-2 3.E.b Packet Pg. 408 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 1 of 3 3.E.b Packet Pg. 409 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: BCHD Partners II, LLC (See Attached) 100% Members of BCHD Partners II, LLC: BCAM, LLC & Metro Pelican, LLC Members of BCAM, LLC: Barron Collier Corp & Barron Collier Partnership, LLLP Manager of Metro Pelican, LLC: Pelican Investors, LLC 2020 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 2 of 3 3.E.b Packet Pg. 410 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. ƐƚŚĞĂƵƚŚŽƌŝǌĞĚĂŐĞŶƚͬĂƉƉůŝĐĂŶƚĨŽƌƚŚŝƐƉĞƚŝƚŝŽŶ͕/ĂƚƚĞƐƚƚŚĂƚĂůůŽĨƚŚĞŝŶĨŽƌŵĂƚŝŽŶŝŶĚŝĐĂƚĞĚŽŶƚŚŝƐĐŚĞĐŬůŝƐƚŝƐ ŝŶĐůƵĚĞĚŝŶƚŚŝƐƐƵďŵŝƚƚĂůƉĂĐŬĂŐĞ͘/ƵŶĚĞƌƐƚĂŶĚƚŚĂƚĨĂŝůƵƌĞƚŽŝŶĐůƵĚĞĂůůŶĞĐĞƐƐĂƌǇƐƵďŵŝƚƚĂůŝŶĨŽƌŵĂƚŝŽŶŵĂǇ ƌĞƐƵůƚŝŶƚŚĞĚĞůĂǇŽĨƉƌŽĐĞƐƐŝŶŐƚŚŝƐƉĞƚŝƚŝŽŶ͘ ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) ΎdŚĞĐŽŵƉůĞƚĞĚĂƉƉůŝĐĂƚŝŽŶ͕ĂůůƌĞƋƵŝƌĞĚƐƵďŵŝƚƚĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚĨĞĞƐƐŚĂůůďĞƐƵďŵŝƚƚĞĚƚŽ͗ 'ƌŽǁƚŚDĂŶĂŐĞŵĞŶƚŽŵŵƵŶŝƚǇĞǀĞůŽƉŵĞŶƚĞƉĂƌƚŵĞŶƚͮ'DWŽƌƚĂů͗ ŚƚƚƉƐ͗ͬͬĐǀƉŽƌƚĂů͘ĐŽůůŝĞƌĐŽƵŶƚǇĨů͘ŐŽǀͬĐŝƚǇǀŝĞǁǁĞď YƵĞƐƚŝŽŶƐ͍ŵĂŝů͗'DĐůŝĞŶƚƐĞƌǀŝĐĞƐΛĐŽůůŝĞƌĐŽƵŶƚǇĨů͘ŐŽǀ Digitally signed by Christopher Scott DN: cn=Christopher Scott, c=US, o=Peninsula Engineering, email=CScott@pen-eng.com Date: 2023.08.29 16:39:58 -04'00' Christopher Scott Christopher O. Scott 8/29/2023 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 3 of 3 3.E.b Packet Pg. 411 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) OWNERSHIP DETAIL NAME % BENEFICIARY OF TRUST BCHD Partners II, LLC 100% BCAM, LLP 50% Barron Collier Partnership, LLLP-LP 99.900% Barron Collier Management, LLC Juliet C. Sproul Family Inheritance Trust Juliet C. Sproul and lineal descendants Barron G. Collier III Lifetime Irrevocable Trust Barron G. Collier III’s descendants Lamar Gable Lifetime Irrevocable Trust Lamar Gable and lineal descendants FGVLIRT – Christopher D. Villere Family FGVLIRT – Mathilde V. Currence Family FGVLIRT – Lamar G. Villere Family Phyllis G. Alden Lifetime Irrevocable Trust Phyllis G. Alden and lineal descendants Donna C. Keller Lifetime Irrevocable Trust Donna C. Keller and lineal descendants Barron Collier Corporation-GP 0.100% Barron Collier III, President Katherine G. Sproul, Vice President Blakeslee R. Gable, Vice President Brian Goguen, Vice President Douglas E. Baird, Vice President Bradley A. Boaz, Secretary/Treasurer/Agent Metro Pelican, LLC 50% Pelican Investors 66.67% Daniel J. Hughes Thomas Londres Stephen Niggeman Paul Rumley Glen Marvin Daniel Brickner and Carlyn von Schaumburg Joseph and Stephanie Dougherty h/w ATBTE Eric Mallory IM951, LLC 33.3% Initus, Inc. Timothy Schneider Fredrickson Enterprises, Inc. Bruce Douglas Olson, PA Mangione Enterprises, Inc. 3.E.b Packet Pg. 412 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 413Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) PL20230013897 Baumgarten PDI NIM Summary Page 1 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Memorandum Date: November 8, 2023 To: Sean Sammon From: Christopher Scott, AICP RE: Baumgarten PDI (PL20230013897) NIM Summary A Neighborhood Information Meeting (NIM) was conducted for the above referenced project on Tuesday, November 7, 2023 at 5:30 pm at the Collier County Library Headquarters Branch, Sugden Theater, located at 2385 Orange Blossom Road, Naples, Florida. No members of the public attended. 3.E.b Packet Pg. 414 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 415Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 416Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 417Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 October 16, 2023 Dear Property Owner: The public is invited to attend a Neighborhood Information Meeting (NIM) to discuss a proposed insubstantial change to the Baumgarten Mixed Use Planned Unit Development. The NIM will be held: Tuesday, November 7, 2023 at 5:30 pm Collier County Library Headquarters Branch, Sugden Theater* 2385 Orange Blossom Road Naples, FL 34109 * The Collier County Public Library does not sponsor or endorse this program. BCHD Partners II, LLC is seeking approval of an Insubstantial Change to Ordinance 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section I, Mixed-Use Development Standards, by reducing the required minimum floor area from 1,000 square feet to 700 square feet. The subject property is located at the southeast intersection of Immokalee Road and Collier Boulevard, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. [PL20230013897]. On-line participation in the meeting will be available via Zoom. If you have questions related to the project or would like to participate via Zoom, please contact the individual listed below: Christopher Scott, AICP Peninsula Engineering Phone: 239.403.6727 Email: cscott@pen-eng.com 3.E.b Packet Pg. 418 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) ORDINANCE NO. 19- 11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING 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 RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE BAUMGARTEN MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 400 MULTIFAMILY AND/OR TOWNHOUSE RESIDENTIAL DWELLING UNITS AND UP TO 270,000 SQUARE FEET OF COMMERCIAL LAND USES AT THE SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48, RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING OF 55.66 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20170000768] WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II, 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 located in Section 26, Township 48, Range 26, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 55.66+/- acre project to be known as the Baumgarten MPUD, to allow construction of a maximum of 400 residential dwelling units and up to 270,00 square feet of commercial land uses 17-CPS-01708/1481218/1]212 Pelican Nursery/PL20170000768 Page 1 of 2 6/12/19 3.E.b Packet Pg. 419 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) in accordance with the Baumgarten MPUD Document, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 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 I k day of __I 2019. ATTEST:BOARD OF C• TY COMMISSIONERS CRYSTAL K.KINZEL, CLERK COLLIER C.4 RIDA 011114410 By: . Lao_e, . By: ii Duty Clerk illiam L. McDaniel, Jr., ChairmanAttestastoLha] 1 signature only. Approved as tb form and legality: H _ tdi eidi Ashton-Cicko u Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit El: Deviation#1 Cross Section This ordinance iiia ttith th=- Exhibit F: Developer Commitments C day ory ofof r,` and acknowledgement that filing received this t__. day By Deo CVer 17-CPS-01708/1481218/1]212 Pelican Nursery/PL20170000768 Page 2 of 2 6/12/19 C 3.E.b Packet Pg. 420 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) EXHIBIT A BAUMGARTEN MPUD PERMITTED USES A maximum of 400 residential dwelling units and 270,000 square feet of gross commercial floor area shall be permitted within the MPUD. Any commercial square footage above 250,000 square feet must include indoor self-storage. The uses are subject to the trip cap identified in Exhibit F, Section 4.a of this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: MIXED-USE: A. Principal Uses (SIC In Parenthesis): 1.Accident and Health Insurance Services 6321) 2.Accounting, Auditing and Bookkeeping Services 8721) 3.Adjustment services 7322) 4.Advertising (consultants) agencies 7311) 5. Advertising, not elsewhere classified 7319) 6.Agricultural uses (interim until first certificate of occupancy for N/A) any permitted use) 7.Architectural services 8712) 8.Animal Hospitals 0742) 9.Auto and Home Supply Stores 5531) 10. Automotive Washing and Polishing 7542) 11. Bakeries, Retail 5461) 12. Banks, commercial: national 6021) 13. Banks, commercial: not chartered 6029) 14. Banks, commercial: state 6022) 15. Banks, savings: Federal 6035) 16. Banks, savings: not federally chartered 6036) 17. Barber Shops 7241) 18. Beauty Shops 7231) 19. Book Stores 5942) 20. Breweries (limited to a maximum of 5,000 sq. ft.) 2082) 21. Business Associations 8611) 22. Business Consulting Services, not elsewhere classified 8748) 23. Camera and Photographic Supply Stores 5946) 24. Candy, Nut and Confectionery Stores 5441) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 1 of 19 s, 3.E.b Packet Pg. 421 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 25. Carpet and Upholstery Cleaning 7217) 26. Civic, Social and Fraternal Associations 8641) 27. Clothing and Accessory Stores, Men's and Boy's 5611) 28. Clothing Stores, Women's 5621) 29. Collection Services 7322) 30. Commodity Contracts Brokers and Dealers 6221) 31. Commercial Art and Graphic Design 7336) 32. Commercial Photography 7335) 33. Commercial Economic, Sociological and Educational Research 8732) 34. Computer and Computer Software Stores 5734) 35. Computer Facilities Management Services 7376) 36. Computer Maintenance and Repair 7378) 37. Computer Processing and Data Preparation Services 7374) 38. Computer Programming services 7371) 39. Computer Rental and Leasing 7377) 40. Credit Reporting Services 7323) 41. Credit Unions, Federal 6061) 42. Credit Unions, State: not federally chartered 6062) 43. Dairy Products Stores 5451) 44. Data Processing Consultants 7379) 45. Dance Studios, Schools and Halls 7911) 46. Data Processing Services 7374) 47. Dental Laboratories 8072) 48. Dentist Office/Clinic 8021) 49. Department Stores 5311) 50. Direct mail advertising service 7331) 51. Direct Selling Establishments 5963) 52. Doctors - Medicine Offices and Clinics 8011) 53. Doctors - Osteopathy Offices and Clinics 8031) 54. Doctors - Chiropractors Offices and Clinics 8041) 55. Dog Grooming 0752) 56. Drapery, Curtain and Upholstery Stores 5714) 57. Drinking Places (Alcoholic Beverages); Bottle Clubs and 5813) Cabarets are not permitted 58. Drug Stores 5912) 59. Dwelling Units - Multi-family and Townhouse, above retail or office uses Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 2 of 19 3.E.b Packet Pg. 422 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 60. Eating Places, no outdoor dining may be located on the 5812) easternmost MU tract adjacent to Bent Creek Preserve PUD. 61. Engineering services: industrial, civil, electrical, mechanical, 8711) marine and design 62. Executive Offices 9111) 63. Executive and Legislative Offices Combined 9131) 64. Fire, Marine and Casualty Insurance Services 6331) 65. Florists 5992) 66. Food Stores, Miscellaneous 5411, 5499) 67. Foreign Branches and Agencies of Banks 6081) 68. Foreign Trade and International Banking Institutions 6082) 69. Funeral home or parlor 7261) 70. Garment Pressing, and Agents for Dry Cleaners 7212) 71. Gasoline Service Stations 5541) 72. General Automotive Repair Shops 7538) 73. General Government, not elsewhere classified 9199) 74. General Merchandise Stores (including warehouse clubs and 5311-5399) discount retail superstores) 75. Gift, Novelty and Souvenir Shops 5947) 76. Hair weaving or Replacement Services 7299) 77. Hardware Store 5251) 78. Health practitioners - not elsewhere classified 8049) 79. Hobby,Toy and Games Shops 5945) 80. Home health care services 8082) 81. Home Furniture and Furnishings Stores 5712-5719) 82. Household Appliance Stores 5722) 83. Hospital and Medical Service Plans 6324) 84. Information Retrieval Services 7375) 85. Insurance Carriers, not elsewhere classified 6399) 86. Investment Advice 6282) 87. Jewelry Stores 5944) 88. Land Subdividers and Developers 6552) 89. Landscape architects, consulting and planning 0781) 90. Laundries (Coin Operated) and Dry-cleaning 7215) 91. Legal services 8111) 92. Libraries (except regional libraries) 8231) 93. Life Insurance 6311) 94. Liquor Stores 5921) 95. Loan brokers 6163) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 3 of 19 3.E.b Packet Pg. 423 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 96. Luggage and Leather Goods Stores 5948) 97. Lumber and Other Building Materials Dealers (including home 5211) improvement superstores) 98. Management Services 8741) 99. Management Consulting Services 8742) 100. Markets, Meat and Fish (Seafood) Markets 5421) 101. Markets, Fruit and Vegetable Markets 5431) 102. Medical Equipment Rental and Leasing 7352) 103. Medical Laboratories 8071) 104. Membership Organizations, not elsewhere classified 8699) 105. Membership Warehouse Clubs with Gas and Liquor No SIC) 106. Miniwarehouse/self-storage (indoor air conditioned only) 4225) 107. Miscellaneous amusement and recreational services not 7999) elsewhere classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted 108. Miscellaneous Business Credit Institutions 6159) 109. Miscellaneous Home Furnishings Stores 5719) 110. Miscellaneous personal services, not elsewhere classified 7299) excluding massage parlors, steam baths, tattoo parlors and Turkish baths. Day spas are permitted. 111. Miscellaneous Retail Stores, not elsewhere classified 5999) 112. Mortgage Bankers and Loan Correspondents 6162) 113. Motion Picture Theaters 7832) 114. Musical Instrument Stores 5736) 115. News Dealers and Newsstands 5994) 116. Nondeposit Trust Facilities 6091) 117. Optical Goods Stores 5995) 118. Optometrists - offices and clinics 8042) 119. Paint, Glass and Wallpaper Stores 5231) 120. Pension, Health and Welfare Funds 6371) 121. Personal Credit Institutions 6141) 122. Photocopying and Duplicating Services 7334) 123. Photographic Studios, Portrait 7221) 124. Photofinishing Laboratories 7384) 125. Physical Fitness Facilities 7991) 126. Podiatrists - offices and clinics 8043) 127. Political Organizations 8651) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 4of19 3.E.b Packet Pg. 424 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 128. Professional Membership Organizations 8621) 129. Professional Sports Clubs and Promoters, indoor only 7941) 130. Public Relations Services 8743) 131. Radio, Television and Consumer Electronics Stores 5731) 132. Radio, Television and Publishers Advertising Representatives 7313) 133. Real Estate Agents and Managers 6531) 134. Record and Prerecorded Tape Stores; adult video rental or 5735) sales prohibited 135. Religious Organizations 8661) 136. Repair Shops and Related Services, not elsewhere classified 7699) 137. Retail Nurseries, Lawn and Garden Supply Stores 5261) 138. Secretarial and Court Reporting Services 7338) 139. Security Brokers, Dealers and Flotation Companies 6211) 140. Security and Commodity Exchanges 6231) 141. Services Allied with the Exchange of Securities or Commodities, 6289) not elsewhere classified 142. Sewing, Needlework and Piece Goods Stores 5949) 143. Shoe Repair Shops and Shoeshine Parlors 7251) 144. Short-Term Business Credit Institutions, except agricultural 6153) 145. Social Services, Individual and Family (activity centers, elderly 8322) or handicapped only; day care centers for adult and handicapped only) 146. Sporting Goods Stores and Bicycle Shops 5941) 147. Stationery Stores 5943) 148. Stores, Children's and Infants Wear 5641) 149. Stores, Family Clothing 5651) 150. Stores, Miscellaneous Apparel and Accessory 5699) 151. Stores, Shoes 5661) 152. Stores, Women's Accessory and Specialty 5632) 153. Surety Insurance 6351) 154. Surveying Services 8713) 155. Tanning Salons 7299) 156. Tax Return Preparation Services 7291) 157. Tire retreading and repair shops, tire repair only 7534) 158. Title Abstract Offices 6541) 159. Title Insurance 6361) 160. Tobacco Stores and Stands 5993) 161. Travel Agencies (no other transportation services) 4724) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 5 of 19 CAO 3.E.b Packet Pg. 425 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 162. Tutoring 8299) 163. Used Merchandise Stores (excluding pawn shops) 5932) 164. Veterinary services for animal specialties 0742) 165. Video Tape Rental, adult video rental or sales prohibited 7841) 166. Watch, Clock and Jewelry Repair 7631) 167. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. RESIDENTIAL: A. Principal Uses: 1. Dwelling Units - Multi-family and Townhouse 2. Model homes/ model sales or leasing offices 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to garages, carports, swimming pools, spas and screen enclosures. 2. Water management facilities to serve the project such as lakes. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 6 of 19 CAO 3.E.b Packet Pg. 426 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. C. Amenity Area: 1. Principal Uses: a. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. b. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. 2. Accessory Uses: a. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to swimming pools and spas. b. Water management facilities to serve the project such as lakes. c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. d. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 7 of 19 0 3.E.b Packet Pg. 427 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I.MIXED-USE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary*** 50 ft.15 ft From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ROW 10 ft.10 ft Rear 10 ft.10 ft. Side 10 ft.10 ft. Lakes (measured from control elevation) 25 ft.20 ft.* Preserve 25 ft.10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft.45 ft. Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft.45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. Any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary. No dumpster enclosure permitted within 105 feet of the eastern PUD boundary. Note: Residential dwellings may be constructed above retail or office use. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 8 of 19 tr'AO 3.E.b Packet Pg. 428 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) II.RESIDENTIAL: PRINCIPAL STRUCTURE *6 TOWNHOUSE MULTI-FAMILY AMENITY AREA *4 PER UNIT) Minimum Lot Area 1,440 SF 43,560 SF N/A Minimum Lot Width 18 feet N/A N/A Minimum Lot Depth 80 feet N/A N/A Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet Minimum Rear Yard Setback 15 feet 15 feet 15 feet Minimum Preserve Setback 25 feet 25 feet 25 feet Minimum PUD Boundary Setback 105 feet 105 feet 105 feet *5 Maximum Building Height Zoned 45 feet 55 feet 25 feet Actual 50 feet 65 feet 35 feet Minimum Distance Between Buildings 20 feet 20 feet N/A Floor Area Minimum, per unit 750 SF 684 SF N/A ACCESSORY STRUCTURES *6 Minimum Front Yard Setback *2 15 feet 15 feet 10 feet Minimum Side Yard Setback 10 feet 10 feet 10 feet Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet Minimum Preserve Setback 10 feet 10 feet 10 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet*7 Minimum Distance Between Buildings 0/10 feet 0/10 feet N/A Maximum Height Zoned 35 feet 35 feet 25 feet Actual 40 feet 40 feet 30 feet SPS—Same as Principal Structure BH—Building Height(zoned height) 1—Minimum separation between adjacent dwelling units, if detached,shall be 10'. 2—Front yards shall be measured from back of curb (if curbed) or edge of pavement (if not curbed) for private streets or drives, and from ROW line for any public roadway. Single-family front entry garages shall have a 23'setback from back of sidewalk. 3—All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot may be reduced to zero (0)feet where it abuts the easement. 4—When not located in a residential building within the "R"tract. 5—Does not apply to passive recreational uses such as trails/pathways. 6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. 7—No swimming pool or dumpster enclosure may be located within 105 feet of the southern or eastern PUD boundary. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 9 of 19 C4.() 3.E.b Packet Pg. 429 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Baumgarten MPUD Exh A-F-rev13.docx June 12, 2019 Page 10 of 19 3.E.b Packet Pg. 430 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) l+ Z 9`JM+' A-. W-DINAM._ ''LO.++_ +1. A. ,f1N Il --20f1dN• NINNYl• - .iId NIA 91. 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I li 1 J CC MI I—ii i 4C o p W Z W COLLIER BLVD( P j v a ' tilij a LU JiWLu--' I x U Zw z oa J zwvJQQ2 III I J= g AskU 3.E.b Packet Pg. 431 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Wd 9£,Z 6LQZ/9L/S QMO'OIA_d311-0HX3\SONIMtldO\(99400004 l aid)Ad3Self1N MJ3113d-Z0f1dNd\ONINNVId - fQ21d\ONINNd1dNS311Ab6301.1100\\N0LUoWzIJ_ o;y NCOp04A.;-y-lip,m X W m O 7,Q IV. N2r1xZLULUWIWaaHQUZU) QUzWWW < 0HU) Z 0• W d W W L W cC o 0 H N °_' I I 0 LU o Z D Z F- z - W• Li! O < ma Z U Ww W W 71 u) U) Z W 0 0 a >_ C 0 E O U) w U Z rI O 0 z 0 T W O Z 0 Q 0O < x e, 4 _ rz :Ek LN _W 4 3. 81 E W E 9mz t C13 _, W - 00 D co (n v- 0 N O 5 MN . U- U U i Q Q Q Q 0 < a z rt o +I in 00 Z OU) N r000rr I . W QZ s. 41 ; CSQJY CC 0 W > r7 z Z > J LL. W W c 2.6:icn 2 W U) Z > W Q .c 0 0 Z W Z W oO O H O Z U W W d- N W Z O Q 0 rZ < D D 0 U) I-‹ 1 U) Z2z 0 Qw Ir< WZ— o o 0 IH0 2O JwQQ 2 2 oMM w0 > Q W W a Q Q U a s Z 2 U W w W z W W 1.1.1W > 4' r 1- I- w D D Z r W w J JQ W 0 0 Q a Q 0 0 0 Z W 0 W Q 0 » z 2 i- XWULU SU. H 5 00 00I0 X -- W < QOon w W U) wa_ U) 1— cc1- z J Q m 0 2 Z W H H 75 2 W 0 0- 0 N U) I- CC 0 0 3.E.b Packet Pg. 432 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) EXHIBIT D BAUMGARTEN MPUD LEGAL DESCRIPTION PARCEL 1 (PARCEL NO. 00192920001): THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (PARCEL NO. 00192360001): THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY, FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26,THENCE S.89°58'37"E.ALONG THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE 5.00°01'23"W. DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE FOLLOWING NINE (9) COURSES: 1.N.86°54'32"E., A DISTANCE OF 220.75 FEET, 2.5.89°58'57"E., A DISTANCE OF 585.17 FEET, 3.S.00°01'25"W., A DISTANCE OF 15.00 FEET, 4.S.89°58'25"E., A DISTANCE OF 301.91 FEET, 5.S.00°01'35"W., A DISTANCE OF 3.94 FEET, 6.S.89°58'25"E., A DISTANCE OF 89.97 FEET, 7.N.00°01'25"E., A DISTANCE OF 15.00 FEET, 8.S.88°54'04"E., A DISTANCE OF 22.92 FEET, 9.5.88°54'04"E., A DISTANCE OF 793.22 FEET; Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 13 of 19 C:A(' 3.E.b Packet Pg. 433 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE, AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 5.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY LINE OF THE PLAT OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 15, OF SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF 2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT- OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS; THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET TO THE POINT OF BEGINNING. PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS. PARCEL NO. 00192360001 CONTAINS 21.84 ACRES, MORE OR LESS. TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 14 of 19 CAO 3.E.b Packet Pg. 434 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) EXHIBIT E BAUMGARTEN MPUD DEVIATIONS FROM THE LDC DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right-of-Way Design Standards". The LDC establishes a minimum 60-foot right of way width for local streets.This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right-of-Way, as shown on the Master Plan and in Exhibit El, Deviation #1 Cross Section. DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign to be a maximum of 20 feet in height and a maximum of 200 square feet, to instead allow the Directory Sign located at the Collier Boulevard entrance to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size. DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, "Ground Signs", which allows each outparcel to have a single ground sign along a public street, to instead allow outparcels and individual free standing uses within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway labeled as R.O.W or access easement on the Master Plan) that is provided for in the MPUD. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 15 of 19 CA 0 3.E.b Packet Pg. 435 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Nd bO: Z 6402/ 4l/ f OMO' 9A- d3YI- OHX3\ SONIMV8O\{ 99L0O00( 4 Odd) A835NON NV0I13d- ZOOdNd\ ONINNV1d - I' Odd\ ONINNd1Q\ 531IA1v O3' YI0O\\ 1 o o M v/%/ A w a W W f u% W 0 le LI Ce $ < CI- 5 \ k ig o LL o 2 w w, jam\ j\\ jam\ j cn U In . / / j wo_ o i w z o ED 0 0 > 1 I a W 1 w N a / W\//\\// o E •; 1/ a%% ztij3 L, j\\ 1 - 1// / H j IVa f R 0 w 14 moo as M W CL 0 CCC E I-H o4u1} Z. U a, _ crmm, /\/\ x C5 11 4 la - ' u, A. v 1 wpw 0 \\ 0 o m a%\\ P w a % N z 5 j/// jam//\ 1i 3.E.b Packet Pg. 436 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) EXHIBIT F BAUMGARTEN MPUD DEVELOPMENT COMMITMENTS 1.PUD MONITORING One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is BCHD Partners II, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2.MISCELLANEOUS a. All other applicable state or federal permits must be obtained before commencement of the development. b. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures—BUG rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15- ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft- candles along the joint property line where adjacent to residential property (i.e. not applicable to Collier Blvd and Immokalee Rd). However light levels at Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 17 of 19 CAO 3.E.b Packet Pg. 437 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) interconnections identified on the Master Plan may be standard lighting for residential development. 3.UTILITIES a. As part of the subdivision plat approval or SDP for the residential portion of the PUD, the owner shall provide a water main stub-out to the southern property line of the PUD, at the interconnect location shown on the PUD Master Plan, in a location determined by the owner and approved by the County. A County Utility Easement will be conveyed by owner to County at no cost to the County for the water main stub- out and shall be shown on the recorded plat or recorded by separate instrument prior to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow to the PUD under maximum day conditions, as required by Collier County Design Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as further amended by Resolution No. 2014-258, or its successor resolution. This stub-out will not be required if the residential tract is master metered. b. As part of the subdivision plat approval or SDP for the residential portion of the PUD, the owner shall provide a water main stub-out to the eastern property line of the PUD, at the location of the terminus of Glenforest Drive within the Bent Creek Preserve RPUD. A County Utility Easement will be conveyed by owner to County at no cost to the County for the water main stub-out and shall be shown on the recorded plat or recorded by separate instrument prior to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow to the PUD under maximum day conditions, as required by Collier County Design Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as further amended by Resolution No. 2014-258, or its successor resolution. This stub- out will not be required if the residential tract is master metered. 4. TRANSPORTATION a. The maximum net external trip generation for the PUD shall not exceed 1,159 two- way PM peak hour trips as a mixed-use commercial/residential project (internal capture and pass by trips deducted).The trips will be based on the applicable land use codes in the Institute of Transportation Engineers (ITE) Trip Generation Manual in effect at the time of application for Site Development Plan (SDP), or Plat and Construction Plan (PPL) approval. b. As a part of the first application for Site Development Plan or Plat for construction of the development an operational Transportation Impact Statement will be provided that includes the entire development (highest and best use) for review and approval by Collier County Transportation staff which will be updated/revised with each subsequent SDP or Plat application until the build-out condition is achieved. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 18 of 19 3.E.b Packet Pg. 438 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 5.SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. For commercial uses, outdoor music and televisions shall be limited to the areas that are a minimum of 500 feet from the southern and eastern PUD boundaries. There will be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays and 12 a.m. and 8 a.m. on weekends. There will be no outdoor dining on the MU Tract adjacent to Bent Creek Preserve PUD. c. Dumpsters shall be oriented as far away from residential units as possible. d. Delivery bays shall not abut external residential development. e. Service bays related to automobile service and repair shall be located so that they do not face any external residential district within 1500 feet. f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields. g. Residential Amenity Area — no amplified sound after 10:00 p.m. and no lighted recreational facilities, other than low illumination ground mounted light, after 10:00 p.m. h. Pedestrian and vehicular interconnection to Tuscany Cove shall be gated and six foot high, chain link fencing shall be extended 100 lineal feet on each side of the gated access prior to the first Certificate of Occupancy for the residential dwelling units adjacent to the southern PUD boundary. i. 100 lineal feet of six foot high, chain link fencing shall be installed near the southwest portion of the site as shown on the Master Plan prior to the first Certificate of Occupancy for the residential dwelling units adjacent to the southern PUD boundary. j. As part of the initial project site work, the developer shall install the berm and perimeter landscape buffers along the southern and eastern PUD boundaries. The southern perimeter landscape buffer shall include a 6-foot high fence with opaque slats.Within the southern landscape buffer,the developer shall provide supplemental landscape plantings meeting the type C landscape buffer canopy tree requirement where the Tuscany Cove landscape buffer has missing canopy trees. This supplement planting shall occur within the Baumgarten PUD's 15-foot wide landscape buffer. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 19 of 19 0 3.E.b Packet Pg. 439 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) ifil;' - _ * I c FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State June 17, 2019 Ms. Ann Jennejohn, Senior Deputy Clerk Office of the Clerk of the Circuit Court Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-11, which was filed in this office on June 17, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 3.E.b Packet Pg. 440 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 441Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 442Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 443Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) HEX NO. 2020-27 CORRECTIVE HEARING EXAMINER DECISION To Correct Scrivener's Error in Hex No. 2020-15) DATE OF HEARING. This CORRECTIVE DECISION is approved on December 2, 2020, in order to correct a scrivener's error in HEX Decision No. 2020-15, wherein the exhibits to the decision were inadvertently not included. PETITION. PETITION NO. MPUD PL20200000048 Baumgarten MPUD - Request for an insubstantial change to the Baumgarten Planned Unit Development (PUD) by seeking deviations from LDC Sections 5.05.05 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. "Facilities with Fuel Pumps" and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. "Boundary Marker Sign," LDC Section 5.06.04.F.2.b., "Outparcels-Ground Signs" and LDC Section 5.06.04. F.3., "Directory Signs" and modifying previously approved Deviation #3. The subject PUD is 55.66±acres located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48 South, Range 26 East,Collier County, Florida. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 2. The public hearing was conducted electronically and in-person in accordance with Emergency Executive Order 2020-04. 3. The Petitioner and or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 4. The Petitioner and or Petitioner's representative presented the Petition, followed by County staff and then public comment. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there Page I.of 3 3.E.b Packet Pg. 444 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) is sufficient competent, substantial evidence as applied to the criteria set forth in Section 10.02.13.E.1 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL202000000048, filed by Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A. representing D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., with respect to the property as described Ordinance Number 2019-11, 55.66±acres, located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida, for the following: An insubstantial change to the Baumgarten Planned Unit Development (PUD)by seeking deviations from LDC Sections 5.05.05 B.1., 5.05.05. D.2.a.,and 5.05.05. D.2.b. "Facilities with Fuel Pumps" and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. Boundary Marker Sign," LDC Section 5.06.04.F.2.b., "Outparcels-Ground Signs" and LDC Section 5.06.04. F.3., "Directory Signs" and modifying previously approved Deviation#3. Said changes are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Baumgarten MPUD Master Plan Revised 4 1 20 Exhibit B - Baumgarten MPUD Deviations from the LDC LEGAL DESCRIPTION. See Ordinance Number 2019-11, 55.66± acres, located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Page 2 of 3 3.E.b Packet Pg. 445 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) APPEALS. This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. December 2, 2020 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 3of3 3.E.b Packet Pg. 446 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) EXHIBIT "A" 3.E.b Packet Pg. 447 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 1.._ ..-. :N: ^la _a OLOL- 0A-a:w-7NY3\SUJMrY7.YtWOCCiL:L 1..0d N1tlY9n0YB OL 0a6:6 y0y VI WW1 ,ru iv v161, 0 N W , F M " pyR It ID Q am a a • U) ~ ai LLW a MID-- V E w se w k C7 w W° o W z FOrt o8FE IIVMOIOSHOIH.8 a [ W28LL uizo _clLLo3 Qw HAM 23dd19 3dVOSONVI W m oC.)- w/- E.3dkL 3OIM Sl g U= °CL u- a O us I- 3J' aQ I- v 4 h 11J 0za J C a. -------- -- LL H o 1 gat _j n E"11IIIon o. 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Z WW D Fw N LLNt Q zzw 3i a gas(( W UNLLV?w Q U II O I 3.E.b Packet Pg. 448 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) r\ w O W i N CO Z RRRN m X co co 0 ",., . , W Z Q Q IX W e W a. 0 CI W a z z a H QZ0cU J Z Q J W W O I Q U FY Q H OH w z z z Z o H- — CO 2 0 2 0 w g• N W N Z Q Q w U) in z > o w 2 2 cc r Zo cc w 0 0 W W F co Z Z C I Z Y Y ~ Z a o VWOcnn < < WO I W ouQQ1- n) Z uiuOZZZ M n a a U Q5aaY 1- 1- z z 0 c.0 w I- o o O w U D D Q U Z Z 0ZOOZOCewOZWO co 1 co mgQoOoma w 0 < f A 1LE_e. x0c'i cri v Lri co : ao of oH w I 0 !a c fig 4 III Z 0 1 9$ s COD G Ce N 2 5 = e 0 a 0'SZ 0 0 \0 0\ 11.1 0 Z lYcoinco ° ct M Z OnN `- "`0NU co 00UU1.,UQ F- F- Q+ I +Qj 1 < +1 M w Hz0 z, _ Mao W c 1 O et O +I D F- N1- OaoN- .- 0 F- 0 < g Z Q w > J u" Z > IX -a Ce W w N w u) Z V)C7 c i I2ooQQ iltgfa Q Q tN a O ZU w 0QWj z HW j U cn Z Z Z W __Z Z 0 0 O U LL' vw0 Mcco COZZ W QC - WO > w OQCezQ ww ZwW > w Ce Qww QQ V J J W p g E- H w » z 2w Q ¢ U » ov) Q -' 2 ~ ooOzW W z a0O C3wz D - XX - "JQ It w W CCa co f=- ccF=- z w 22w < sCm v) 2 w Fw-. v) OH w 00 0 Z` Ni 3.E.b Packet Pg. 449 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) EXHIBIT " B " 3.E.b Packet Pg. 450 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) BAUMGARTEN MPUD DEVIATIONS FROM THE LDC DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right-of-Way Design Standards".The LDC establishes a minimum 60-foot right of way width for local streets.This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right-of-Way, as shown on the Master Plan and in Exhibit El, Deviation#1 Cross Section. DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs",which requires a Directory Sign to be a maximum of 20 feet in height and a maximum of 200 square feet, to instead allow the Directory Sign located at the Collier Boulevard entrance to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size. DEVIATION 3: From LDC Sections 5.06.04.F1 Ground Signs", which allows each eparcel or tract to have a single ground sign along a public street, to instead-also allow eutparcels or tracts and individual free standing uses abutting Collier Boulevard and Immokalee Road within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway(labeled as R.O.W or access easement on the Master Plan)that is provided for in the MPUD. The second sign shall be limited to 6 feet in height and 40 square feet in sign area. DEVIATION 4: Relief from LDC Section 5.06.04.F.2.b, "Outparcels-Ground Signs",which allows each parcel or tract to have a single ground sign along a public street, to also allow platted interior tracts, not adjacent to Immokalee Road or Collier Boulevard,to have a single ground sign along the interior right-of-way or access easement with a maximum height of 8 feet and 60 square feet in sign area. DEVIATION 5: Relief from from LDC Section 5.05.05.D.2.a, "Facilities with Fuel Pumps" which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: a. Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and JJ'ords underlined are additions: words dough are deletions Baumgarten VP, D Exh E-rev2.docx tla) 28, 2020 Page 1 of 3 EXHIBIT "B" 3.E.b Packet Pg. 451 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm.The berm shall be constructed and maintained at a height of three (3)feet and a maximum slope of 3:1. The berm shall be planted with ground cover. This deviation will instead not require this MPUD to provide a wall or berm to be constructed where the facility with fuel pumps is located within 250 feet of any residential building. Deviation#6: Relief from LDC Section 5.05.05.D.2.b, "Facilities with Fuel Pumps", which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of#10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required.A hedgerow consisting of#10 shrubs, spaced three (3)feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. This deviation will instead allow this MPUD to provide a 10-foot wide type 'D' landscape buffer planted with 10-foot-high canopy trees planted 20 feet on center, and a hedge 3 feet in height at installation which shall be permanently maintained at a minimum height of three feet along the eastern and southern lot boundaries. The deviation is applicable only in the location noted on the PUD Master Plan. Deviation#7: Relief from LDC Section 5.05.05.6.1 "Facilities with Fuel Pumps", which establishes site design standards for facilities with fuel pumps by requiring any front yard setback to be a minimum of 50 feet, to instead allow a reduction in the required front yard setback to a minimum of 30 feet. Deviation#8: Relief from LDC Section 5.06.04.F.3, "Directory Signs", which requires Multiple- occupancy parcels or multiple parcels developed under a unified development plan,with a minimum of eight independent units,and containing 20,000 square feet or more of leasable floor area to be permitted one directory sign at one entrance on each public street, to instead allow the directory sign to be Words underlined are additions; words are deletions Baumgarten 11P1 D Exit E-rer2.docx lay 28. 2020 Page 2 of 3 3.E.b Packet Pg. 452 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) relocated so that the directory sign is permitted at the westernmost PUD entrance along Immokalee Road. This sign shall be permitted to include tenant names for"The Pointe" which is currently under review(SDP PL20190001486). Deviation#9: Relief from LDC Section 5.06.02.6.14, "Boundary Marker sign", which allows residential developments to have one boundary marker sign or monument structure to be located at each property corner, to instead allow a mixed-use project to have one boundary marker sign at a single corner. The boundary marker sign shall include the logo and/or project name. Deviation#10: Relief from LDC Section 5.06.02.B.14.a. and b., "Boundary Marker sign", which requires that the maximum height is 8 feet to the uppermost portion of the boundary marker structure, and the sign face area may not exceed 24 square feet in area and may not exceed the height or length of the monument or structure upon which it is located,to instead allow the boundary marker sign or sculpture located at the intersection of Immokalee Road and Collier Boulevard to be 10 feet in height with a maximum of 40 square feet in area. Words underlined are additions;; words struelt-thretrgh are deletions Baumgarten %IPUD Exh E-rev2.docx lay 28, 2020 Page 3 of 3 3.E.b Packet Pg. 453 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 454Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 1 of 6 HEX NO. 2021-42 HEARING EXAMINER DECISION DATE OF HEARING. September 9, 2021 PETITION. PETITION NO. PDI-PL20210000379, Baumgarten PUD Founder's Request for an insubstantial change to Ordinance No. 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section I, Mixed-Use Development Standards, by decreasing the required minimum yard setback from the Eastern Project Boundary from 50 feet to 25 feet, removing the applicable provision that any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary, and limiting the maximum height of principal structures within 50 feet of the Eastern Project Boundary to 35 feet zoned height and 45 feet actual height, located at the southeast quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida GENERAL PURPOSE FOR THE PETITION. An Insubstantial Change to amend Exhibit B, Section 1, Mixed-Use Development Standards by changing the minimum yard requirement from the eastern project boundary as follows: • Setback to the eastern project boundary reduced from 50 feet to 25 feet; • Removal of the provision that any building exceeding 50 feet in height increase its setback to the eastern project boundary by one foot for each foot exceeding 50 feet of zoned height; and • Limits the maximum height of principal structures within 50 feet of the eastern project boundary to 35 feet zoned height and 45 feet actual height. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3.E.b Packet Pg. 455 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 2 of 6 3. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 5. The Petitioner and/or Petitioner’s representative presented the Petition, followed by County staff and then public comment. There a letter of objection submitted on August 11, 2021, by counsel for the Bent Creek Preserve Homeowners Association, Inc. Counsel did not attend the hearing nor present evidence or testimony. A few other residents from the adjacent residential area testified in opposition. 6. The Neighborhood Information Meeting (NIM) was duly noticed and advertised and conducted on May 19, 2021, at Saint Monica’s Episcopal Church located at 7070 Immokalee Road, the meeting was simultaneously run-on Zoom to allow for remote audience participation. 7. This Petition was continued from the August 12, 2021, HEX hearing. Staff was notified by the applicant prior to the hearing that their sign contractor had failed to post the required Public Hearing signs in a timely manner. The application’s sign contractor posted the required Public Hearing signs on or about August 9, 2021, with the new hearing date being displayed on said signs. 8. The County’s Land Development Code Sections 10.02.13.E.1 and 10.02.13.E.2 lists the criteria for an insubstantial change to an approved PUD Ordinance. The Hearing Examiner having the authority of the Planning Commission may approve a request for an insubstantial change to an approved PUD ordinance upon review and evaluation of the criteria in the Collier County Land Development Code.1 Section 10.02.13.E.1 Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? The record from the public hearing reflects that there is no proposed change in the boundary of the PUD. 2. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? The record from the public hearing reflects that there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. 1 The Hearing Examiner’s findings are italicized. 3.E.b Packet Pg. 456 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 3 of 6 3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? The record from the public hearing reflects that there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. 4. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? The record from the public hearing reflects that the request does not increase areas or relocate areas for nonresidential land uses. The changes to the Mixed-Use Development standards does not increase or relocate areas designated as Mixed-Use on the Master Concept Plan and does not increase the amount of non-residential intensity permitted in the PUD. 5. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? The record from the public hearing reflects that there are no substantial impacts resulting from this amendment. 6. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The record from the public hearing reflects that the request does not change land use activities and does not generate a higher level of vehicular trips. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record from the public hearing reflects that the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. 8. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? The record from the public hearing reflects that there will be no incompatible relationships with abutting land uses. 3.E.b Packet Pg. 457 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 4 of 6 9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? The record from the public hearing reflects that this modification is in compliance with the Future Land Use Element of the Growth Management Plan. 10. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The record from the public hearing reflects that the Baumgarten MPUD is not a DRI, therefore this criterion is not applicable. 11. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? The record from the public hearing reflects that the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Criteria: 1. Does this petition change the analysis of the findings and criteria used for the original application? The record from the public hearing reflects that the change proposed does not affect the original analysis, rezone, and PUD findings. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County’s staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL20210000379, filed by Christopher O. Scott of Peninsula Engineering, representing BCHD Partners II, LLC, with respect to the property in the Baumgarten Mixed-Use Planned Unit Development (MPUD), Ordinance No. 3.E.b Packet Pg. 458 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 5 of 6 19-11, as amended, and described as 55.66± acres located at the southeast quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, for the following: • An insubstantial amendment to the Baumgarten Mixed-Use Planned Unit Development (MPUD), Ordinance No. 19-11, as amended, Exhibit B, Section I, Mixed-Use Development Standards, by decreasing the required minimum yard setback from the eastern project boundary from 50 feet to 25 feet, removing the applicable provision that any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary, and limiting the maximum height of principal structures within 50 feet of the eastern project boundary to 35 feet zoned height and 45 feet actual height. Said changes are fully described in the Proposed Language to Ordinance 19-11, as amended, Exhibit B, Section I, Baumgarten MPUD Development Standards attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A – Proposed Language to Ordinance 19-11, as amended, Exhibit B, Section I, Baumgarten MPUD Development Standards. LEGAL DESCRIPTION. See Ordinance No. 19-11, as amended and described as 55.66± acres located at the southeast quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. 3.E.b Packet Pg. 459 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Page 6 of 6 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. ________________________ ____________________________________ Date Andrew Dickman, Esq., AICP Hearing Examiner 3.E.b Packet Pg. 460 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) EXHIBIT “A” 3.E.b Packet Pg. 461 Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.bPacket Pg. 462Attachment: ATTACHMENT A - Backup Package (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Baumgarten PDI, PL20230013897 Page 1 of 1 Revised October 6, 2023 EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. MIXED- USE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10, 000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary*** 25 ft. 15 ft. From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ ROW 10 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft. Office Buildings and Hotel/ Motel 55 ft. 65 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 700 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Any building located 50 feet of the eastern PUD boundary is limited to a maximum zoned height of 35 ft. and a maximum actual height of 45 ft. No dumpster enclosure permitted within 105 feet of the eastern PUD boundary. Note: Residential dwellings may be constructed above retail or office use. 3.E.c Packet Pg. 463 Attachment: ATTACHMENT B - PUD Language Changes (27553 : PL20230013897 - Baumgarten MPUD (PDI)) G l e n f o r e s t D RPebblebrookeDRBellaireBay DR Burnt Pine DR R o c k l e d g e D R Immokalee RD V o l t e r r aCT ToscanaWAY FoundersSquare DR CreekHollowLNCrys tal Lak e D RBackwaterCTCollier BLVDAddi s onPlaceDR WoodhurstDR WalterWAY S p i d e rLily L N QuartzLN Sage AVE S h a d o wOa k LNCortona W AYGervaisCIR !I Projec tLocation 3.E.d Packet Pg. 464 Attach See reverse for more information PUBLIC HEARING NOTICE Baumgarten MPUD - (PDI) Petition Type: Planned Unit Development Insubstantial Change Petition No.: PL20230013897 Planner Name: Sean Sammon Phone: (239) 252-8422 Hearing Examiner: Date: 1/11/2024 Time: 09:00 AM Location: GMD Conference Room 609/610 2800 N. Horseshoe Dr, Naples, FL 34104 This is to advise you of an upcoming public hearing because you may have interest in the proceedings, or you own property located near the vicinity of the following property. For more information, or to register to participate remotely: https://bit.ly/Public_Hearings *Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues For difficulties registering please call Ailyn Padron at (239) 252-5187 or email to ailyn.padron@CollierCountyFL.Gov. Meeting information: Individual speakers may be limited to five (5) minutes on any item. Persons wishing to have written or graphic materials included in the agenda packets must submit materials a minimum of ten (10) days prior to the respective public hearing, to the county staff member noted above. All material used in presentations before the Hearing Examiner will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division, located at 2800 N. Horseshoe Drive, Naples, FL 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available upon request. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Community Development Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. 3.E.d Packet Pg. 465 Attachment: ATTACHMENT C - Signs & Notification (27553 : PL20230013897 - Baumgarten MPUD (PDI)) Hearing Examiner to consider the following: PETITION NO. PDI-PL20230013897 – REQUEST FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 19-11, AS AMENDED, THE BAUMGARTEN MIXED USE PLANNED UNIT DEVELOPMENT (MPUD), EXHIBIT B, SECTION I, MIXED-USE DEVELOPMENT STANDARDS, BY REDUCING THE MINIMUM FLOOR AREA FOR PRINCIPAL STRUCTURES FROM 1,000 SQUARE FEET TO 700 SQUARE FEET. THE SUBJECT PUD IS LOCATED SOUTHEAST OF THE INTERSECTION OF IMMOKALEE ROAD AND COLLIER BOULEVARD IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 3.E.d Packet Pg. 466 Attachment: ATTACHMENT C - Signs & Notification (27553 : PL20230013897 - Baumgarten MPUD (PDI)) BAUMGARTEN PUD INSUBSTANTIAL CHANGE PDI, PL20230013897 Collier County Hearing Examiner Public Hearing Sign Posting – December 14, 2023 3.E.d Packet Pg. 467 Attachment: ATTACHMENT C - Signs & Notification (27553 : PL20230013897 - Baumgarten MPUD (PDI)) 3.E.dPacket Pg. 468Attachment: ATTACHMENT C - Signs & Notification (27553 : PL20230013897 - Baumgarten MPUD (PDI))