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HEX Agenda 03/14/2024COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 March 14, 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(a)CollierCount37FL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 31412024 March 2024 Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. PL20230014987 VA — Request for a variance from Land Development Code Section 4.02.01 A, Table 2.1, to reduce the required side setback from 30 feet to 15.03 feet on the north property line for the proposed accessory pool to be located on property zoned RSF -1 at the northeast corner of the intersection of Yarberry Lane and Anthony Court located in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Sarah Kisner, Planner II) B. Petition No. BLCD-PL20230010282 — Request for a Boat Lift Canopy Deviation to increase the allowable length from 35 feet to 49 feet and to increase the allowable height from 12 feet to 15 feet, for a boat lift canopy measuring 49 feet long by 17 feet wide and 15 feet in height, in addition to a second code -compliant boat lift canopy measuring 11 feet long by 13 feet wide and 12 feet in height on a bay -front lot, pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The subject property is located at 219 Malibu Cove, further described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 C. Petition No. SV-PL20230014898 — Request for sign variance from Land Development Code Sections 5.06.04.F.2.a. and 5.06.04.F.4. to allow a third wall sign, not to exceed 60 square feet, for a single -occupancy out -parcel with double frontage located within the Pine Air Lakes Planned Unit Development. The subject property is located at 5795 Airport Road North, within the Promenade at Naples Centre Development, and also described as Lot 4, Pine Air Lakes Unit Five, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 D. Petition No. BDE-PL20230008785— Request for a 9-foot boat dock extension from the maximum permitted protrusion of 20 feet or 25 percent of the width of the waterway, whichever is less, for waterways less than 100 feet in width, to allow construction of a boat docking facility protruding a total of 29 feet into a waterway that is 80 feet wide. The subject property is located at 295 West Avenue, also known as Lot 12, Block C, Little Hickory Shores Unit 1, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 31412024 3.A 03/14/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 28124 Item Summary: Petition No. PL20230014987 VA — Request for a variance from Land Development Code Section 4.02.01 A, Table 2.1, to reduce the required side setback from 30 feet to 15.03 feet on the north property line for the proposed accessory pool to be located on property zoned RSF -1 at the northeast corner of the intersection of Yarberry Lane and Anthony Court located in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Sarah Kisner, Planner II) Meeting Date: 03/14/2024 Prepared by: Title: — Zoning Name: Sarah Kisner 02/20/2024 4:29 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/20/2024 4:29 PM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Zoning Ray Bellows Review Item Zoning James Sabo Review Item Zoning Mike Bosi Division Director Hearing Examiner (GMD Approvers) David Merino Review Item Hearing Examiner Andrew Dickman Meeting Pending Completed 02/21/2024 5:51 PM Completed 02/23/2024 4:40 PM Skipped 02/26/2024 9:12 AM Completed 02/28/2024 9:26 AM Completed 03/01/2024 2:21 PM 03/14/2024 9:00 AM Packet Pg. 3 3.A.a Coi ie-r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: MARCH 14, 2024 SUBJECT: PETITION VA- PL20230014987; PARCEL ID #: 237920005 VARIANCE PROPERTY OWNER/APPLICANT: Imperial Homes of Naples, LLC 5133 Castillo Dr, Suite 1 Naples, FL 34103 REQUESTED ACTION: AGENT: Dianna Quintanilla 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 To have the Collier County Hearing Examiner (HEX) consider a variance request from Section 4.02.0 LA. Table 2.1, of the Collier County Land Development Code to reduce the minimum side yard setback from 30 feet to 15.03 feet on the North side, for a proposed pool on a corner lot in the Residential-Single-Family-1 (RSF-1) zoning district. GEOGRAPHIC LOCATION: The subject property is a +/- 1.03-acre parcel, known as Parcel ID # 00237920005, at the Northeast corner of Yarberry Lane and Anthony Court, Section 2, Township 49 South, Range 25 East, Collier County, Florida. The parcel is approximately 1,200 feet South of Orange Blossom Drive. (See location map on page 2). VA- P1-20230014987; Parcel ID: 237920005 02202024 Page 1 of 7 Packet Pg. 4 0 OZ L£ -L 6 1,0 EZ Z d:VZ 1,8 ) VZOM-podell gels GOOOZ6LEZ-L8 ■l,00£ 0 ]d ¥A: ee140B n¥ LO � 6 v a \ a z 0 Ll u ® . w & /LU u 3� 22 N C $» � iFL3rb-s - tam -- e r p 2 C { 06 g 2 m L 196 .1 � - . & ALpLLqV 'Ilion D t — &§ _ .Ali rl k .r . �2 # � g _ � WEA _ $_ min _ U • ._.. , k&I• .# t �■ K - CL M 2 � � .� O N CL 03 � � O Q U O -.1 \ k � 3.A.a PURPOSE/DESCRIPTION OF PROJECT: The property is a +/- 1.03-acre corner lot located in the RSF-1 Zoning District. The property is currently vacant and intended to be a single-family residence. The proposed project is a swimming pool designed to be 15.03 feet from the north side property line, where 30 feet is required. The residence is proposed to comply with all applicable development standards, including setbacks. (See Attachment B, Illustrative Site Plan of Pool). The applicant, Coleman Yovanovich Koester Law Firm, requests a variance on behalf of the owner, Imperial Homes of Naples, LLC. The variance request is from LDC Section 4.02.01.A, to reduce the required RSF-1 side setback by 14.97 feet to accommodate a proposed swimming pool in a location the owners deem to be the most logical for their property. The owners purchased the subject property in July of 2023. The subject property is a corner lot located at the northeast corner of Yarberry Lane and Anthony Court. Two 30-foot right-of-way easements encumber the property. As a corner lot, the property has two front yard setbacks and two side yard setbacks. A literal interpretation of the code reduces the 44,660-square-foot lot to a maximum building footprint of approximately 11,903 square feet (115.06 feet wide and 103.45 feet deep), resulting in a maximum building footprint of approximately 26.6% of the total lot area. (See Attachment A, Backup Package). At a post -review comments meeting held on December 8, 2023, staff requested clarification on why the house could not be redesigned to accommodate the pool. The applicant stated the owner - builder is using a model floor plan and would incur significant financial and practical difficulties in redesigning the home. Without a granted variance, the owner is faced with the practical challenges of either (i) creating a new one-off floor plan for this property, which will result in substantial costs and time delays, as well as impacting the feasibility of the project especially as a new floor plan could interfere with the owner's brand and reputation, or (ii) significantly impacting marketability of the residence by eliminating any pool option. The homeowner has not yet pursued a building permit for the principal structure because the property's design is dependent on the outcome of this variance petition. The subject property owners have done their due diligence regarding coordinating with adjacent neighbors, and they have received letters of no objection, which are included in Attachment C, Letters of No Objection. VA- P1_20230014987; Parcel ID: 237920005 02202024 Page 3 of 7 Packet Pg. 6 3.A.a SURROUNDING LAND USE AND ZONING: North: Water management owned by Collier County Transportation; Planned Unit Development (PUD) Sunshine Village East: Developed residential single-family; RSF-1 South: Vacant; RSF-1 West: Developing/ under construction residential single-family; Residential Planned Unit Development (RPUD) Palisades {'a 4�10f {i44111V PII!➢9f1V AP➢TdRY�. Collier County Property Appraiser VA- PL20230014987; Parcel ID: 237920005 02202024 Page 4 of 7 Packet Pg. 7 3.A.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is in the Urban Residential Designation District land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate large lot residential uses, including single-family projects. As stated, the applicant seeks a Variance for a proposed accessory swimming pool to a single-family dwelling unit, which is an authorized land use. The Growth Management Plan (GMP) does not address individual variance requests related to land use. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff have analyzed this petition relative to these provisions and offer the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure or building involved? Yes, the property is a corner lot encumbered by two 30-foot right-of-way easements. Pursuant to LDC section 4.02.0l.A. Table 2. Note La., "Corner lots shall have front yards along each street frontage. The other yards shall be considered side yards." The property is zoned RSF-I. Zoning District RSF-1 has a minimum of 50-foot front yard setbacks and 30- foot side yard setbacks. Please note LDC 4.02.0l.A. Table 2. states, "...minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line." The subject property has two (2) 30-foot right-of-way easements. The front yard setbacks are to be measured from the back of the right-of-way easement, resulting in an 80-foot setback along the West and South property lines. Additionally, the 30-foot minimum side yard setback requirements apply to the North and East sides of the property. There is not a reduction in the side yard setbacks for accessory structures, however, pursuant to LDC section 4.02.03.D., the setbacks for an accessory swimming pool on the subject property would be the same as the principal structure. 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 are the subject of the Variance request? Yes, the subject property is affected by a literal interpretation of the code, creating special conditions and circumstances that do not result from the property owner's action. Please note that the property owner is selecting to use an architectural template, which is not a condition relative to the subject property. VA- PL20230014987; Parcel ID: 237920005 02202024 Page 5 of 7 Packet Pg. 8 3.A.a C. Will a literal interpretation of the provisions of this zoning code work unnecessary and cause undue hardship for the applicant or create practical difficulties for the applicant? Yes, staff believe a literal interpretation of the code would not assist in fulfilling the intent and purpose of the LDC minimum yard requirements. The hardship is unnecessary because corner lots typically abut another residence's side yard. In this instance, the subject property abuts approximately 400 feet of open space. d. Will the Variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure that promotes health, safety, and welfare standards? Yes, the applicant has designed the pool to be 15.03 feet from the property line, which is the minimum required to accommodate the pool without adjustments to the model floor plan for the home. The applicant has decided to utilize a pool fence as opposed to an aluminum pool enclosure to minimize the encroachment. 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, a swimming pool is an allowable accessory use in the RSF-1 zoning district. The variance does not grant an allowable use which is denied by the LDC to other lands, buildings, or structures in the same zoning district. The proposed structure is buffered by substantial open space, which may outweigh the negative impacts, if any, of granting the variance. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare? Yes, granting of the Variance will be in harmony with the general intent and purpose of the Land Development Code and will not harm public safety, health, and welfare. Pools are a permitted use in the underlying zoning district. 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 subject property is a vacant lot with no natural obstructions. h. Will granting the Variance be consistent with the Growth Management Plan? 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. VA- PI-20230014987; Parcel ID: 237920005 02202024 Page 6 of 7 Packet Pg. 9 3.A.a ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. The EAC did not hear this petition since the subject variance does not impact any preserve area. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition VA-PL20230014987, to reduce the minimum side yard setback on the North side from 30 feet to 15.03 feet for the accessory pool, as depicted within Attachment B, subject to the following conditions: (1) The applicant obtains a building permit for the principal structure prior to construction of the accessory pool. (2) No construction of the pool may occur prior to issuance of the building permit for the single-family home. Attnrhmante- Attachment A: Applicant's Backup Package Attachment B: Illustrative Site Plan of Pool Attachment C: Letters of No Objection Attachment D: Legal Ad and HEX Sign Posting VA- P1_20230014987; Parcel ID: 237920005 02202024 Page 7 of 7 Packet Pg. 10 3.A.b HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO 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] i i i • • i• • �• i 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. 01 Application, to include but not limited to the following: 02 Narrative of request 03 Property Information 04 Property Ownership Disclosure Form oaa-c Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. n/a Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) n/a Affidavit of Unified Control 05 Affidavit of Representation n/a Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) n/a NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio n/a Traffic Impact Study (TIS) n/a Environmental Data n/a Historical/Archeological Surveyor Waiver n/a Utility Letter n/a Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff lnfbrmation\Job Aides or Help Guides Packet Pg. 11 06 Boundary Survey and 07 Pool Dimensional Plan, 08 Illustrative Site Plan 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. x 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 submKy9 the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for all copies materials to provide to the e#CCPC and the CD must contain the documents in one pdf file (not multiple files) in the sa a ord the printed materials the agent's responsibility to ensure no documentation is left out. February 16, 2024 Signature of nt j1e rative Date Francesca P i Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning StaffInfonTiation\Job Aides or Help Guides I Packet Pg. 12 3.A.b Coil er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierxov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): Imperial Homes of Naples, LLC Name of Applicant if different than owner: Address: 5133 Castello Drive, Suite 1 City: Naples Telephone: E-Mail Address: Cell: Name of Agent: Francesca Passidomo Firm: Coleman, Yovanovich & Koester, P.A. State: FL ZIP: 34103 Fax: Address: 4001 Tamiami Trail N, #300 City: Naples State: FL ZIP: 34104 Telephone: 239-435-3535 Cell: E-Mail Address: fpassidomo@cyklawfirm.com Fax: 239-435-1218 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Page 1 of 6 Packet Pg. 13 3.A.b Coney County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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: 00237920005 Subdivision: Metes & Bounds Description: Section/Township/Range: _/ 49 25 Unit: Lot: Block: Total Acreage: 1.03 Address/ General Location of Subject Property: Anthony Court and Yarberry Lane ADJACENT ZONING AND LAND USE Zoning Land Use N Sunshine Village PUD (Ord. 93-92); use lake and lake banks - Owned by Collier Count S R F-1; use residential/wooded and vacant owned by Audrey A. Anthony E R F-1; owned by AC 26501 Properties, Inc. Yar erry Partners, LLC W Palisades RPUD (Ord. 22-20); owned Minimum Yard Requirements for Subject Property: Front: 50 Corner Lot: Yes Q No ❑ Side: 30 Waterfront Lot: Yes ❑ No Rear: 50 (N/A) 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. Transpoi 4/27/2018 Page 2 of 6 Packet Pg. 14 3.A.b COIL County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: NONE City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: NATURE OF PETITION 7-71 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. 4/27/2018 Page 3 of 6 Packet Pg. 15 3.A.b Co&r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 allo If yes, please provide copies. 4/27/2018 Page 4 of 6 Packet Pg. 16 3.A.b CAW County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 #f OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) El 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 Y, " 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: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 4/27/2018 Page 5 of 6 Packet Pg. 17 3.A.b Coter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director 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 0 5" 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 Signa re Printed Name 9 M ti3 Date 4/27/2018 Page 6 of 6 Packet Pg. 18 3.A.b CYK4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 COLEMAN I YOVANOVICH I KOESTER T:239.435.3535 1 F:239.435.1218 December 21, 2023 RE: Parcel ID No. 00237920005 Email. fpassidomo&cyklawfirm.com Variance — Pool Narrative, Statement of Facts, and Variance Criteria (Rev2) Dear Mr. Bellows, This is a request for a variance for a pool to be constructed 15.03 feet from the north side property line where 30 feet is required. The property is an over 1-acre corner lot located in the RSF-1 Zoning District ascribed Folio Number 00237920005. The property is surrounded by other single-family residential uses within straight zoning or RPUD zoning districts, south west of the intersection of Airport Road and Orange Blossom Drive with access from Yarberry Lane. Packet Pg. 19 3.A.b The property is currently vacant. The owner intends to develop the property with a single-family residence that conforms to all applicable development standards, including setbacks required in the underlying RSF- 1 Zoning District for a corner (i.e., double frontage) lot. Note that the required setbacks must be measured from the outside line of internal right of way easements, further containing the property by otherwise developable area. A 30 feet wide roadway easement exists within the west boundary and a 15 feet roadway easement exists within the south boundary. Due to conditions and constraints peculiar to the site not created by the applicant, the setback requirement for an accessory pool in the north side yard creates practical difficulties to the applicant's use and enjoyment of his property. To apply the land development code literally for this property, the owner would be required to set the proposed pool back 30 feet from the north property line, while the properties immediately east of the subject property in the same zoning district could set their respective pools back 10 feet from the north property line, as shown below: The distinction is due to a technicality in the code that is unique to pools in side yards on corner lots of the RSF-1 Zoning District. 1. Under Section 4.02.0l.A.l.a, "Corner lots shall have front yards along each street frontage. The other yards shall be considered side yards." Accordingly, this property has two front yards along Yarberry Lane and Anthony Court, and two side yards at the north and east property lines. 2. In RSF-1, which is a Single Family Zoning District, the minimum side yard for a principal structure is 30 feet. 30 feet is the side yard otherwise applied in more rural environments zoned Agricultural Packet Pg. 20 3.A.b (including the Estates). The side yard for a principal structure in most Single Family Districts is 10 feet. 3. The minimum side yard required for a pool in Single Family Zoning Districts is the same as the side yard required for a principal structure in the underlying district. However, under the Land Development Code, the minimum rear yard required for a pool in Single Family Zoning Districts benefits from a reduction in the setback to 10 feet, regardless of the rear yard requirement for the principal structure. 4. The Land Development Code therefore clearly recognizes that a pool 10 feet from the property line is compatible with single-family residential use. Because the side yard in RSF-1 is 30 feet rather than the typical 10 feet, and because this property is a corner lot and therefore has no rear yard to benefit from the reduction to a 10 feet setback for pools, the owner has no reasonable location for his pool. The owner has requested the minimum variance necessary to make reasonable use of his land and future home. A pool setback of 15.03 feet feet along the north property line is also consistent with what is permitted as of right on adjacent properties. Moreover, there are natural conditions which mitigate negative impacts, if any, of a pool in the proposed location. The internal right of way easements, which would otherwise unlock development potential to more flexibly situate a home on the lot, reduce the buildable area to 25% of the total lot area. A buildable area maximized at 25% results in more overall open space for such purposes as drainage, and light and air circulation. In addition, a pool 15.03 feet from the north property line is buffered from the nearest residence to the north by nearly 400 linear feet of lake, lake bank, and perimeter lake plantings. Packet Pg. 21 3.A.b In summary, we contend that this petition satisfies the variance criteria set forth in Section 9.04.03 of the Land Development Code: 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 configuration of the lot with two internal right of way easements, two front yards and two side yards, with a 30 feet side yard and no allowance for a pool reduction in any yard, creates a special condition or circumstance unique to the property involved. In addition, though the property is currently vacant, the owner -builder's model floor plan is all that can fit within the constraints of the site. The model floor plan is standardized for the owner -builder, as both part of the owner -builder's brand and to assure construction efficiency. The special condition of site constraints minimizing buildable area coupled with the special circumstance of an expansive north yard buffer and a pre-existing model home floor plan are peculiarities that warrant a relaxation of the code to allow the end user to enjoy a pool in an area that causes little to no negative impact on the neighborhood. 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 special condition or circumstance is pre-existing based on a literal interpretation of the land development code and not caused by action of the applicant. The constraints of the site create a practical challenge for the owner to construct its typical floor plan and pool package. Easements and corner setbacks imposed upon the site result in a maximum buildable area of 25% of the total lot area. Though Collier County does not prescribe maximum lot coverage for single family, in an analysis of other jurisdictions in Florida which do regulate lot coverage, the percentage to lot area is customarily in the 35% - 40% range (see https.11www.miamidade.movlzoninzldistrict-ru-1- sfresidential. asp#: -: text=Maximum %20Lot%20Coveraze %3A %20Maxim um %201ot percent %20of1o20net%201ot%20area.; https.Ilcodelibrary.amlegaLcomlcodeslpompanobeachllatestlpompanofl zone/0-0-0-33918, https.Ilcodelibrary.amle,-aLcomlcodeslpembrokepinesllatestlpembrokepines f1/0-0-0-80021). In other words, the lot necessarily provides more open space and undevelopable area than a typical single family lot. As demonstrated in the illustrative site plan, the proposed building envelope accommodates the model floor plan and complies with this constrained building area. However, it is not feasible to fit a pool in the same area. But for relief granted through this petition, the owner will experience the practical challenges of either (i) creating a new one-off floor plan for this property, which will result in substantial costs and time delays, as well as impacting feasibility of the project especially as a new floor plan could interfere with the owner's brand and reputation, or (ii) significantly impacting marketability of the residence by eliminating any pool option. It is notable that the pool and pool screen setback for the properties immediately to the east is (10) feet. The property to the east has the same underlying zoning as the subject property. It has therefore been determined that 10 feet is an appropriate amount of open space between the property line and a pool in this zoning district. A common setback line tends to create a uniform appearance for the neighborhood. Nonetheless, at the request of staff, as discussed Packet Pg. 22 3.A.b above the owner has worked with his architect to redesign the pool to increase the distance between the pool and the property line from 10 feet (the standard for the neighboring properties) to 15.03 feet. It is also notable that a side yard in a single-family district is typically adjacent to another single-family lot. This is the case, for example, for the property south of the subject property across Anthony Court. When two contiguous single family lots may each be developed with a home and accessory improvements, a side yard is intended to ensure an area of open space between residential structures for the ventilation of light and air (see https✓/realestateu.com/chapter-6-public-and-private-land-use-controls. In this particular case, the proposed pool in is not adjacent to another single-family lot. Indeed, the proposed pool is buffered from the nearest single-family lot by over 400 feet of lake and open space. This 400 feet buffer ensures the proposed pool location is in harmony with the purpose of a setback. C. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Applying the code literally results in a practical difficulty in the applicant's use and enjoyment of his property that is peculiar to this property. 9.04.03 of the Land Development Code (LDC) establishes the criteria for the approval of a variance. Sub -criteria C asks whether "A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. " We submit that a literal interpretation of the LDC will work an unnecessary hardship and practical difficulty upon the applicant. A literal interpretation of the LDC requires a 30 feet setback for a pool from the northern boundary where a 10 feet setback for a pool would be permitted for the adjacent lots to the east. Accordingly, even under a literal interpretation, the land development code has codified a distance of 10 feet between the property line and a pool, in the same zoning district, as a sufficient setback. Nonetheless, the owner has proposed to place the pool 15.03' from the north property line. In addition to the proposed 15.03' distance, the pool backs to an over 400' area of lake and open space owned by Collier County transportation. This additional 400' establishes an extensive buffer of open space that mitigates the impact, if any, of the variance on the nearest residential property adjacent to the pool location. This is substantiated by the fact that the residential property owner's association representing the residential neighborhood adjacent to the pool location has entered a letter of support for the proposed variance. It is important to understand that the property carries unique building area constraints due to pre-existing easements and corner setbacks. It is equally important to understand that the property owner is a builder. The owner -builder creates model floor plans and those become part of the builder's brand. Model floor plans also result in a much more streamlined construction process, ultimately resulting in cost savings to the end user. The model floor plan works within the constrained setbacks of this lot as shown on the illustrative site plan. However, it is not possible build the owner's model floor plan and to fit a pool on the lot, under a literal interpretation of the code. Retailing a home and lot with no pool is, of course, a practical challenge in South Florida. The mitigating circumstances and support from the most affected neighbor are evidence that the hardship to this owner in redesigning its model floor plan or eliminating a pool as a result of the peculiarities of this lot is unnecessary. Packet Pg. 23 3.A.b The LDC specifically provides for a relaxation of a literal interpretation of the LDC when special conditions peculiar to the property exist, and, in this case, we have submitted that special conditions peculiar to the property do exist. 1. The property is encumbered by a 30 feet wide roadway easement for Yarberry Lane and a 15 feet roadway easement for Anthony Court. Since the 50 feet front yard setback is measured from the roadway easement line and not the property line, the roadway easement creates a practical challenge on the owner in designing a home that must be reduced by the 30 feet and 15 feet, as applicable, of width for the roadway easement. 2. The northern boundary of the property is bordered by over 400 linear feet of open area which creates a substantial natural buffer between the northern property line and the nearest residential property. (In addition, the residential neighborhood to the north have executed a letter of endorsement for this request, which is enclosed with this submittal.) 3. The internal roadway easements and 400' lake buffer is relevant to examining the criteria for a variance. The internal easements result in a greater percentage of undevelopable area within the lot (and, accordingly, more open space) and the adjacent lake buffer facilitates the ventilation of light and air between the proposed pool and nearest residential property, thereby each mitigating the impact to the neighborhood, if any, of a relaxation in the code. 4. The immediately adjacent property to the west, across Yarberry Lane, is a platted lake tract for the Palisades development. The lake tract and paved roadway establishes an over 200 linear feet buffer from the west property line to the nearest residential property. The 200 feet linear buffer is, practically, over 280 feet of distance from the proposed pool inclusive of the 30 feet wide right of way easement encumbering the subjectproperty and the 50 feet wide front yard setback for the subject property, for which no deviation is being sought. 5. The property to the northwest of the subject property is non-residential. It is a zoning exception conditional use for a church in a single family zoning district. 6. The property to the east of the subject property could, as a matter of right, install a pool 10 feet from the north property line which is 5.03' closer to the property line than proposed by this petition. 7. No encroachment into any easements is proposed. Accordingly, the proposal is without impact on County drainage infrastructure or utilities. While the owner has a self-interest in installing landscaping and/or fencing for his own privacy, landscaping plans have not been fully developed and are not included with this petition. Buffers are existing based on the location of the property and the subject proposed improvement. The Sunshine PUD, which encompasses the over 400 linear feet of lake and vegetated lake bank north of the subject property, is deemed "sunsetted" according to the County's Planning and Zoning GIS Map. The parcel is currently owned by the Collier County Transportation Department and we have requested a letter of no objection from Transportation. Since a pool could be in the same location as proposed for the two easterly adjacent properties abutting the Transportation parcel (and, accordingly, no engineering or drainage conflicts), we are not expecting an objection from Transportation to this proposal. Packet Pg. 24 3.A.b --curerP 'rim .----te '-" pc —s ce -- w au..ro- mm:.aysc—ua ..--,-aarame rre —n --xu —rm-®m rae 'gee oe..x: ... proposed pool location 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 limited to a 15.03 feet setback from the north property line, which is a more expansive standard than that which exists for pools in most development patterns in Single Family Districts throughout the county, including properties adjacent to the subjectproperty. The architect has worked to adjust the pool design such that this request is a 15.03' feet rather than 20 feet variance request. Brining the pool into the building envelope is not reasonably practical given the pre-existing constraints on the building envelope, particular under the facts at issue where the purpose and intent of the north side yard setback is furthered and protected by the immense open space buffer to the north of the subject property. 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. Each variance must stand on its own merits. We submit that the case in support of for this variance, where the setback requirements are unique, the proposed location for the pool the same as what can be developed on adjacent properties, and the pool buffered from the nearest residences by a lake, outweighs the negative impacts, if any, of granting the variance. 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 variance will not harm the health, safety or welfare of the community. Pools are a permitted use in the underlying zoning district. Moreover, the variance is consistent and in Packet Pg. 25 3.A.b harmony with the general intent and purpose of the Land Development Code. The Land Development acknowledges there are case -by -case instances when a relaxation of a literal interpretation of the code may be necessary to avoid an unnecessary hardship or practical difficulties. Due to the width of the adjacent lake between the proposed pool, and the very fact that the applicant has requested the same pool setback standard for pools that could be developed on adjacentproperties, detrimental impacts to neighbors, if any, are diminimus and mitigated. 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. A buffer of open space almost 400 feet in width between the property line and the nearest neighboring residential property line to the subjectpool in the north yard ameliorates thegoals and objectives of the setback regulation, which is to ensure the circulation of light and air. The purpose of a setback in a single-family residential zoning district is to ensure light and air ventilation between residential structures. Relative to the property to the south of this property, the subjectproperty does not abut a single-family residential property where the pool is planned, and, as such, the purpose of the setback is not frustrated by this request. Indeed, there is over 400 feet of open space that ensures the planned pool location is consistent and in harmony with the intent of the setback requirement, and the proposed variance is the most practical solution to the need for relaxation of the literal interpretation of the LDC. Each variance is based on the specific facts presented and is peculiar to the property and structure. We submit that the case for this particular variance for this particular property is supported by the evidence established in the record. H. Granting the variance will be consistent with the GMP. Pools are permitted uses in the underlying zoning district. The petition does not permit the establishment or enlargement of an unpermitted use. Respectfully submitted, Is/Francesca Passidomo Francesca Passidomo, Esq. Packet Pg. 26 INSTR 6448572 OR 6284 PG 887 E—RECORDED 9/1/2023 12:41 PM PAGES 12 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $6,300.00 REC $103.50 INDX $9.00 CONS $900,000.00 3.A.b This instrument prepared by: Joel A. Threlkeld,.Esq. Threlkeld Law, P.A. 3003 Tamiarni Trail North, Suite 400 Naples, Fl, 34103 Parcel ID No.: Consideration: >: y WARRANTY DEED THIS WARRAI-TY DEED is made the on this 11 day of 2023 by Lois Lynn, an unremarried widow, FiAive,,#98, 'idually and as Trustee of Children of A Reece, whose post office address is 1730 W Belfast AZ 85201, Katherine Yancy, an unremarried widow, whose post office address is 5747 W. Missi� Glendale, AZ 85301, Eva Mae Reece Cummings, a married woman, whose post office address rs; W Valley Brook Dr., Lawton, OK 73505, Myrtis Richard, a single woman, whose post office ad` rts0 N Delaware St., Chandler, AZ 85225, Teresa Collier, a single woman, whose post office ad`dr :rs_ i -82, Rutherford St., Shreveport, LA 71305, Austin Sims, a 11 single man, whose post office addrei` J 7 2 !Avalon Aqua Way, Springs, TX 77379, Candace M. Emanuel, a single woman, whose post' It �dcltess is 7123 Avalon Aqua Way, Springs, TX 77379, Anthony Lewis, a married man, whose p, ddress 2750 Tall Maples Loop, Ocoee, FL 34761, Hermione Reece, a single man, whose post o1 ce,d , ss is 21011 S. Hart PL., Ferndale, MI 44089, and Tiffany Reece, a single woman, whose post offscds is 2750 Tall Maples Loop, Ocoee, FL 34761, hereinafter called the "Grantor", to Imperial Homes o spies, LLC, a Florida Limited Liability, whose post office address is 5133 Castillo Dr., Suite# 1, N` ; ,1 ,14103, hereinafter called the "Grantee": (Wherever used herein the terms "Grantor" and "Grante01' l tzf ude singular and plural, heirs, legal representatives, and assigns of individuals and the successor rrH satt rporations, wherever the context so admits or requires.) WITNESSETH: That the Grantor, for and in considerattoiy.of, t A sum of $] 0.00 and other valuable consideration, receipt of which is hereby acknowledged, hereby`' Pants, -:bargains, sells, aliens, remiscs, releases, conveys and confirms unto the Grantee, all that certain lands e , in Collier County, Florida, and described as: Legal Description attached hereto as Exhibit "A".` i.7- THE SUBJECT PROPERTY IS NOT THE HOMESTEAD OF THE WN R NOR IS IT CONTIGUOUS THERETO UNDER THE LAWS AND CONSTITUTION O STATE OF FLORIDA AND NEITHER THE GRANTOR, NOR ANY PERSON WHQSE ' PORT THE GRANTOR IS RESPONSIBLE, RESIDE ON OR ADJACENT TO THE PROPER TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO IAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that Warranty Deed Page 1 of 11 Packet Pg. 27 OR 6284 PG 888 3.A.b the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2022; subject to easements, restrictions and reservations of record, IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written Signed, in our presence: By• Taus ynn, &nidivaflynd as Trustee of Children of A D Reece Printed Name of Witness of Name of Witness 92 STATE OF DYDA COUNTY Ok��' L l z The foregoing instrument was acowledged before online notarization on this day of ( I t. , Trustee f C ren of A D Reece who is/are-1-1P ersottlrll Y as identification. dlv, (Affix Notary Stamp or Sea]) Warranty Deed of (Printed Name of Notary) Commission Expiration: 'A C! hysical presence or [ ] i, individually and as has/have [ produced Page 2 of l 1 Packet Pg. 28 OR 6284 PG 889 3.A.b Signed, sealed and delivered in our presence: Printed Name of Witness 2 STATE OF COUNTY OF The foregoing instrument was acknowl dg"d° online notarization on this _LL day of personally known to me or who has/have [ [/] produced i f ' %,- ,, 7 1 /� -_ :a a ine -Van f by means of [Yf physical presence or [ 3, by Katherine Yancy, who is/are [ ] xtLr A&irlx6s identification. ALEJANDRA LOPE Notary Public • State of Arizona Notary Publi z ` MARICOPA cOUNrr G(1/l Commission # &37Q77 • Expires September 23, 2026 (Panted Aame of Notar Commission Expiration (Affix Notary Stamp or Seal) t ` Warranty Deed Page 3 of t 1 Packet Pg. 29 OR 6284 PG 890 Signed, sealed and delivered in our presence: Signature of Witness 42 Printed Name of Witness #2 STATE OF C ) \b r—\ h,,, m c, COUNTY OF -C-ornc-oC � .9 The foregoing instrument was ac online notarization on this 12A day of _ is/are [ ] personally known to me or who (Affix Notary Stamp or Seal) 1001%%l I I I I I III/,, 0, ........... AR S. ,jo13795 Xp 1()12o125 1 • ) 0 el 111"-""O040- 0 III# IF WOOS" Wan-anty Deed ']Lfa- Mae0eece Cummings by means of M/physical presence or [ ] .3, by Eva Mae Reece Cummings, who as identification. (PrintcA Name of No' Commission Expiration Page 4 of 11 I Packet Pg. 30 1 OR 6284 PG 891 3.A.b Signed, sealed and delivered in our presence: bwt&6 &Iffl& Printed Name of Witness #I- STATE OF j COUNTY OF ~' t_I_— The foregoing instrument was acknow online notarization on this $ day of personally known to me or who has/have )apr ATNYNA GALAVIZ Notary P,jbhe - State of Ariaom MARICOPA COUNTY as Cornet ssm 4 $99784 Expires March 14, 2025 (Affix Notary Stamp or Seal) Warranty Deed :r U By: I'' c Myrtis Rich d `l J w �C c Q e by means of physical presence or { 1 �023, by Myrtis Richard, who is/are [ ] ��L as identification. ota.ry Public' (Printed Namd of Commission Bxpira Page 5 of I I LO 0 0 0 N N M N I - Co M CD O M N O N J a Packet Pg. 31 OR 6284 PG 892 3.A.b Signed, sealed and delivered in our presence: Signature of *Itjess #1 Printed Name of less #1 t Printed Name of Witness #21' -' TATE.OF �� cS t H 7IP'l� OF CA The foregoing instrum t was ac. online notarization on this 7day of personally known to me or who has/have BELINDA C. SLOAN PS NOTARY PUBLIC. LoUiS1Aia NOTARYIDDO PARISH NOTARY iO q 56fi$ COMMISSION EXPIRES; AT tiFA71'i (Affix Notary Stamp or Seal) Warranty Deed sy:r t- 5i C t� L r Teresa Collier >. e by means of M/Physical presence or [ ] 23, by Teresa Collier, who is/are j J t. `Ir as identification. Notary Public i (Printed Name of No ". Commission Expiration" Pale 6 of ! 1 Packet Pg. 32 OR 6284 PG 893 3.A.b Signed, sealed and delivered in our presence; Printed Name of Witness #2 STATE OF (%\� COUNTY OF llf�ln� The foregoing inst ent wa: online notarization on this Zta of known to me or who has/have [ roc y'Pv, VANESSA H. HARRELL ZaO.tPa, ,�4f•, *, Notary Public, State of Texas r Comm. Expires 08-06-2024 Notary IQ 132607035 (Affix Notary Stamp or Sea]) By: ustin ims means of [physical presence or [ 4 ustin Sims, who is/are [ ] personally as -,,identification. Notary (Printed Name of Notary Commission Expiration: Warranty Deed Page 7 of I [ Packet Pg. 33 OR 6284 PG 894 3.A.b Signed, sealed and delivered in our presence: J� f Signature Printed Name of Witness STATE Ok COUNTY OF The foregoing instrtpent was online notarization on this 14way of ] personally known to me or who has/h VANESSA H. HARRELL x ; Notary Public, State of Texas ''4F Comm. Expires 08-05-2024 Notary 1p 132607036 (fix Notary Stamp or Seal) By: Candace M. Emanuel by means of [/ysical presence or [ ] ,,by Candace M. Emanuel, who is/are [ Wan•anty Deed Page 8 of 11 Packet Pg. 34 OR 6284 PG 895 3.A.b Signed, sealed and delivered in our presence: U C By: s° Si nature of WW' ,ess #1 t ny Lewis a eYCD 0 Printed Name o V'Vitne #1 N ,.1..«� M N CD Signature of tness #2 M CD Printed Na itness #2 N 0 00 CM 00 STATE OF/ Y ► M COUNTY OF ✓67 rz � 3 The foregoing instrument was acknowle ged before by means of physical presence or [ ] online notarization on this 1zday of d I by Anthony Lewis, who is/are personally known to me or who hasihave [ produ ed � ' ._ as identification. f (Printed Name of Notary Commission Expiration: (Affix Notary Stamp or Seal) HENRY PEARSON mgtJ ES une07,207A Warranty Deed Page 9 of 11 Packet Pg. 35 OR 6284 PG 896 3.A.b Signed, sealed and delivered in our presence: r Sig a f WiM'es #1 Printed Name of •itn ` ''#1 ,..y .` tgn ure Wi ness #2' ." 44r(w:\4 iA L . �� o t Printeld Name of Witness #2=' STATE OF/ COUNTY OF 51 /a *erioneeece The foregoing instrument was ackno ]edged before online notarization on this ) '1ab day of personally known to me or who has/have [ pr duced r i L of physical presence or [ ] mione Reece, who is/are [ ] as identification. , hall)� � Notary Public i D60i1.lL! �3 (Printed Name of Notary) Commission Expiration: MAR c� 0-8 2 c;a (Affix Notary Stamp or Seal) Warranty Deed Page 10 of 11 Packet Pg. 36 OR 6284 PG 897 3.A.b Signed, sealed and delivered in our presence: afore of Wi s 1 Printed Name ofVVitness #1 #2 Printed Name of Witness #2 STATE OF 1 '\ Cl COUNTY OF M� 0 a, Q2 0 The foregoing instrument online notarization on this I l di personally known to me or who has (Affix Notary Stamp or Seal) Notary Public State of Florida Kanard Ramoular lilt My Commission RH 376414 Expires 3120/2027 Warranty Deed By: Tiffs 4 tfie—ce Notary Public (Printed Name of Notar3 Commission Expiration: eZ0� Page 11 of 11 U 0 s c O O O N O N M N I- O O O O M N O N J a v N CD N Packet Pg. 37 *** OR 6284 PG 898 *** 3.A.b EXHIBIT "A" PARCEL C: A portion of the South 1/2 of The Northeast 1/4 Of The Southwest 1/4 of the Southeast 1/4 of Section 2, Township 49 South, Range 25 East, Collier County, Florida being more fully described as follows: Beginning at t e Northwest corner of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Sot ownship 49 South, Range 25 East, Collier County. Florida; thence along the North line of the South l eNortheast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 49 South, Range 25 East,,,oil' County, Florida, North 89' 38'42" East 225.03 feet; thence South 1146'50" East 198.37 feet; thence Sou th936'32" West 225.22 feet to the West line of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 49 South, Range 25 East, Collier County. Florida; thence along said wet line North 1 °43'34" West 198.51 feet to the Place of Beginning of Parcel herein described. Less and Except_the:West 30 feet thereof. S„id•, b �i Packet Pg. 38 3.A.b Coder County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY 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: M C. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the �ercem:age oT STOCK ownea Dy eacn: Name and Address % of Ownership Imperial Home of Naples, LLC 5133 Castello Dr. #1, Naples, FL 34103 Curtis Gunter 50% Melinda Gunther 50% 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 Owners 01/2023 Page 1 of 3 Packet Pg. 39 3.A.b U e. f 9. Co*ier COunt y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 Ownershi If there is a CONTRACT FOR PURCHASE. with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the IIIII.CI :0, JIVLKIIUIUtVb, UCneuUanes, or partners: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired 09/01/2023 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Packet Pg. 40 3.A.b .Cater County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: Anticipated closing date: or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov —T Z3 Agent/O ner ' nature Curtig unther Agent/Owner Name (please print) /1 /f 13 Date 01/2023 Page 3 of 3 Packet Pg. 41 11/6/2023 Dear Collier County Commissioners, Thank you for your consideration of the 11 Regalo neighborhood in respect to its proximity to the proposed Anthony Court corner lot setback changes. The Board of Directors have met with and reviewed the setback request made by Curtis Gunther of Imperial Homes of Naples for the corner lot setback changes at Anthony Court, and we have obtained a legal opinion supporting our ability to move forward with a letter of no objection, The Board, acting in its position as the Architectural Review Board ("ARB' ) takes into consideration the aesthetic considerations and the overall benefit or detriment to the Property in its approval or disapproval of all plans submitted. The ARB evaluated the proposed setback changes as to harmony of external design and location in relation to surrounding structures and topography. The 11 Regalo Board of Directors, minus Curtis Gunther who abstains from this discussion, do not object to the proposed setback changes. Kind Regards, Jennifer Palmer On behalf of the Board of Directors Board President II Regalo Homeowners Association, Inc Co ter County Transportation Management Services Department Transportation Engineering Division 12/1/2023 Growth Management Community Development Department Re: Anthony Court - Imperial Home's of Naples, LLC To whom it may concern, The Collier County Transportation Engineering Division has no objection to the Variance Application relating to property with folio no. 0237920005 that is seeking to reduce the setback requirement for an accessory pool on the north side yard of the property from 30 feet to 10 feet. Respectfully, Digitally signed by —dJay AhmadJa _ ale 2023.12.04 06:46:02 -05'00' Jay Ahmad, P.E. Director - Transportation Engineering Division Transportation Management Services Department TraAportation Englirleerng Division - 2885 South Horseshoe Drive - Naples, Florida 34104 - 239-252-8192 - www.CoMer0oui*R.Gov I Packet Pg. 43 3.A.b colfler county Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 00237920005 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] 2 49 25 BEG NW CNR OF S1/2 OF NE1/4 OF SW1/4 OF SE1/4 E 225.03FT, S 198.37FT, W 225.22FT, N 198.51FT TO POB 1.03 AC OR 1617 P STREET ADDRESS(ES) where applicable, if already assigned. Corner of Anthony Court and Yarberry Lane, Naples, FL PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME Imperial Homes of Naples, LLC PROPOSED PROJECT NAME PROPOSED STREET NAME(s) Anthony Court LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 44 3.A.b AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20230014987 1, Curtis Gunther (print name), as Manager (title, if applicable) of Imperial Homes of Naples, u.c (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerF V, I applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize coieman, Yovanovich & Koester, PA. / Francesca Passidomo, Esq. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stat elrl ' ar true. ature D to STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physicalpresence or onli e otarization this �� day of September 20 zs by (printed name of owner or ualifier) [iUK`h's 1,(h � Such person(s) Notary Public must check applicable box: Are personally known to me Has produced a current drivers license 0 Has produced as identification. 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WmNmw _.��i� } ii 2 io °z 10 �c13 LLdudurcu cO. w@©O}E3m o o o T ' ~ Y N w V O a o > > I l l ItT T % ARBERRY E E E3 E3 n ; m tw °w � mm z� 5 Em _ Eo mo mg e �E 8 mE p8 @ Em o Em �pu ;E 8�, dE c tq Eu y4_ o Eg -o LLLL4vwa'p LLLL$yNa"z° 1 � I I g NN I 2 NN I NN I 'z ON of �M col r_� I nil WW wal $��oW m�PALISADES (P.B. 73, PG. 31-32) 3.A.d Co ler County Transportation Management Services Department Transportation Engineering Division 12/1 /2023 Growth Management Community Development Department Re: Anthony Court - Imperial Home's of Naples, LLC To whom it may concern, The Collier County Transportation Engineering Division has no objection to the Variance Application relating to property with folio no. 0237920005 that is seeking to reduce the setback requirement for an accessory pool on the north side yard of the property from 30 feet to 10 feet. Respectfully, Digitally signed by AhmdJay Ah m a d J ay Da ea2023.12.04 06:46:02-05'00' Jay Ahmad, P.E. Director - Transportation Engineering Division Transportation Management Services Department Transportation Engineering Division • 2885 South Horseshoe Drive • Naples, Florida 34104.239-252-8192 • wtvw.CollierC'ountyFL.Gov Packet Pg. 50 NOTICE OF PUBLIC HEARING .A.eNotice is hereby given that a public hearing will be held by the CollierL-3 Examiner (HEX) at 9:00 A.M., March 14, 2024, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. VA-PL20230014987 —REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.01 A, TABLE 2.1, TO REDUCE THE REQUIRED SIDE SETBACK FROM 30 FEET TO 15.03 FEET ON THE NORTH PROPERTY LINE FOR THE PROPOSED ACCESSORY POOL TO BE LOCATED ON PROPERTY ZONED RSF -1 AT THE NORTHEAST CORNER OF THE INTERSECTION OF YARBERRY LANE AND ANTHONY COURT LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 11 R alo CIR Il a Regalo CaYvvs e CT *10 Project Location Lo e Oak r Anthony B VD CT gear Creek'0 Z alisades AVE rbour Walk CIR 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.colIiercountyf1.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 Packet Pg. 51 Collier County, Florida ND-38736880 3.A.e (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Dianna Quintanilla WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20230014987 4001 Tamiami Trail N SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Dianna Quintanilla Naples, FL 34103 NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER Yl The foregoing instrument was sworn to and subscribed before me thisday of February 20 24 by Dianna Quintanilla , personally known to me or who produced as identification and who did/did not take an oath. 1 ' DF-1-ITAX, 2+v' Sigr(ature of Notary Public Nowt' Pubhc stawafSodda Barbara Ann Bertaccll19 Coma -A HH409 • „� Explres 5/13/2027 Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Packet Pg. 52 I • - -, � - � � � - �ti Ayl J 1 'OP yk,• -� .h•'�e; ��:{p' - 'w." �� prof ■ T L •': ram• { 'gyy��5�.,� _ Y}. f' F _ . rJl i• y �' ��{' � • [ ��Y'r + Y4113f � ■ �: tT � J f •Y [. 4 �Y ` • � � � .. �••�'�� /y�. 'r .�5. �;1F ii gyiill Y._ - I_�r4u ,TF. .{,. ?� .. i' �• �f'�?5-Y: �Y.�I �}fir Y'�`F .� '�'� r r I+� 3.B 03/14/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Doc ID: 28140 Item Summary: Petition No. BLCD-PL20230010282 — Request for a Boat Lift Canopy Deviation to increase the allowable length from 35 feet to 49 feet and to increase the allowable height from 12 feet to 15 feet, for a boat lift canopy measuring 49 feet long by 17 feet wide and 15 feet in height, in addition to a second code -compliant boat lift canopy measuring 11 feet long by 13 feet wide and 12 feet in height on a bay -front lot, pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The subject property is located at 219 Malibu Cove, further described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 Meeting Date: 03/14/2024 Prepared by: Title: Planner — Zoning Name: John Kelly 02/26/2024 1:21 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/26/2024 1:21 PM Approved By: Review: Operations & Regulatory Management David Merino Review Item Zoning David Merino Review Item Hearing Examiner (GMD Approvers) David Merino Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending Skipped 02/26/2024 1:21 PM Skipped 02/26/2024 1:21 PM Completed 02/26/2024 2:38 PM Completed 02/26/2024 4:27 PM Completed 02/27/2024 9:31 AM 03/14/2024 9:00 AM Packet Pg. 55 3.B.a Co e-r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: MARCH 14, 2024 SUBJECT: BLCD-PL20230010282, 219 MALIBU COVE - BOAT LIFT CANOPY PROPERTY OWNER/APPLICANT: AGENT: Ellen and Michael Fasching 219 Malibu Cv. Naples, FL 34134 REQUESTED ACTION: Jeff Rogers Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a Boat Lift Canopy Deviation (BLCD) to increase the allowable length from 35 feet to 49 feet and to increase the allowable height from 12 feet to 15 feet for a boat lift canopy measuring 49 feet long by 17 feet wide and 15 feet in height, in addition to a second code - compliant boat lift canopy measuring 11 feet long by 13 feet wide and 12 feet in height on a bay - front lot pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located at 219 Malibu Cove, also known as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within Tract H, a residential component of the Lely Barefoot Beach Planned Unit Development (PUD) and comprises 0.59± acres. The petitioner desires to construct two -boat lift canopies over a dock facility that required a Variance (VA) and a Boat Dock Extension (BD) for which HEX Decision Nos. 2021-57 and 2021-58, respectively, were obtained. The dock facility was constructed per Building Permit No. PRBD20220101094, issued on October 20, 2022, and which remains in "inspect status"; a Certificate of Completion has not yet been obtained. The provided As -Built Survey, produced by Agnoli, Barber, & Brundage and dated November 29, 2023, demonstrates that the dock facility is consistent with Zoning and Building approvals. BLCD-PL20230010282; 219 Malibu Cv — Fasching Page 1 of 5 February 17, 2024 Packet Pg. 56 (6ulyosed no nq!IeW W 4O-18 UZU00£ZOZld : OKSZ) [� uolslnON] VZOUM podeN jjejS :;uowt4oe;;d Ia Ln in M a aD eo a W m� a c @ o� J a m� k� 6 � J N� £ j F- H W Z 0 �a o �o d � J V Q CU 0 N 0 0 N 00 N 0 r o a n N O R! J IZ ^Ly W E Z ❑ tU m a LO N O N co N O O N O ON or-: i 0 2 U � J � no U- 3.B.a SURROUNDING LAND USE & ZONING: North: San Mateo Drive (Right -of -Way) then a single-family residence located within the Lely Barefoot Beach PUD South: Little Hickory Bay, located within the Lely Barefoot Beach PUD East: Malibu Cove (Right -of -Way) then a single-family residence located within the Lely Barefoot Beach PUD West: A single-family residence located within the Lely Barefoot Beach PUD Collier County Property Appraiser ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The proposed boat canopy deviation request does not have any impact on sensitive resources. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. BLCD-PL20230010282; 219 Malibu Cv — Fasching Page 3 of 5 February 17, 2024 Packet Pg. 58 3.B.a This project does not require an Environmental Advisory Council Board (EAC) review because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: The LDC defines a "boat lift canopy" as follows: a covering that is applied to a boat lift over a legally permitted dock. The standards for boat lift canopies are contained within LDC section 5.03.06.G. Boat lift 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. Boat lift canopies are a permitted use on waterfront properties per LDC section 5.03.06.B.5. Land Development Code, Ordinance 04-41, As amended: 5.03.06.G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted by the requisite local, state, and federal agencies if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift 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 boat lift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site. BLCD-PL20230010282; 219 Malibu Cv — Fasching Page 4 of 5 February 17, 2024 Packet Pg. 59 3.B.a In this case, the applicant desires to construct two beige boat lift canopies over a lawfully permitted dock facility on a bay -front property where there is no boathouse or other covered structures. Canopy 1 requires a BLCD as it exceeds the allowable 35-foot length and 12-foot height; the proposed canopy measures 49 feet long, 17 feet wide, and 15 feet in height. The second canopy complies with the required dimensional standards; it will measure 11 feet long, 13 feet wide, and 12 feet in height. CONCURRENT LAND USE APPLICATIONS: None. APPEAL OF BOAT LIFT CANOPY DEVIATION: As to any BLCD petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non- party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. If the Hearing Examiner has approved the petition, the applicant shall be advised that 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. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BLCD-PL20230010282, to allow for the construction of two boat lift canopies on a bay -front lot as depicted within the plans contained within Attachments A, B, and C subject to the following stipulations: 1. The boat lift canopies are to be removed upon issuance of an official hurricane warning affecting the location of the boat lift canopy and 2. A Building Permit shall be obtained for the construction and/or placement of the subject boat lift canopies and 3. A Certificate of Completion must be obtained for the dock facility, Building Permit No. PRBD20220101094, before the issuance of a Certificate of Completion for the boat lift canopies. Attachments: A. Canopy Details B. Proposed Site Plan C. As -Built Survey D. Dock — Building Permit No. PRBD20220101094 E. HEX Decision No. 2021-57 BLCD-PL20230010282; 219 Malibu Cv — Fasching Page 5 of 5 February 17, 2024 Packet Pg. 60 3.B.a F. HEX Decision No. 2021-58 G. Applicant's Backup — Application and Supporting Documents H. 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N CL H z 0 m C--- 1 r/•ice �• a A M I � W O Uc, 1p U m z LU Q a Ca3 G � W r N .. �. w J Q W c> m M X Q M v W w a �> Qw o Z~w¢� p =O IV a'�o � LL Z Z 00 0 Fn � Z ^ten W Lj 0 Q 0 2 Z Z Q �\ w AMAME81T DOCKS 12/5/2023 I 3.B.d I �1EG111-lINLFY1�11 V •I PL'1 c z c� U T N U J m N co N O T O O M N O N J d U 3.B.e COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRBD2022010109401 PERMIT TYPE: Marine DATE ISSUED: October 20, 2022 BUILDING CODE IN EFFECT: FBC 7th Edition 2020 JOB ADDRESS: 219 Malibu CV, Bonita Springs, Single Family FOLIO #: JOB DESCRIPTION: Install 693 Sq. Ft. Dock with 2 Lifts 219 Malibu CV, Bonita Springs, Single Family OWNER INFORMATION: FASCHING, ELLEN & MICHAEL 219 MALIBU COVE BONITA SPRINGS, FL 34134 AREA OF WORK (SOFT): 0 SETBACKS: FRONT: REAR: 63' Protrusion (PL20210000039) LEFT: 5' (PL20210000098) RIGHT: 15' FLOOD ZONE: AE SEWER: WATER: CONTRACTOR INFORMATION: CERTIFICATE #: GREG ORICK II MARINE CONSTRUCTION, INC C28961 1035 COLLIER CENTER WAY #1 NAPLES, FL 34110 (239)289-0792 SUB CONTRACTOR INFORMATION: A GREG ORICK MARINE CONSTRUCTION INC. 27171 DRIFTWOOD DRIVE BONITA SPRINGS, FL 34134 (239)289-0792 PRBD202201011 Packet Pg. 71 I 3.B.e I Approval of Construction Documents�,, BuildingPlan Review & Inspection F4(z;—�oH[Y py 2800 N. Horseshoe Dr, Naples, FL 34104 239-252-2400 Build It! REVIEWED FOR CODE Residential Permits COMPLIANCE These electronic documents have been reviewed for Code Compliance by the Building Plan Review & Inspection Division of the Collier County Growth Management Department. The documents are available for download from the GMD Public Portal. These specific documents, listed as "Approved Plans (PR)" on the Portal, must be available for Inspectors to review on the job site in either electronic or paper form as the approved version in accordance with the Florida Building Code Section 107.3.1. Other supporting documents may be required on site as needed to meet code requirements. Permit Number: PRBD2022010109401 Job Site Address: 219 Malibu CV, Bonita Springs, Single Family Permit Description: Install 693 Sq. Ft. Dock with 2 Lifts 219 Malibu CV, Bonita Springs, Single Family Permit Issuance Date: 10/20/2022 Document List: Portal File Type Portal File Name 1. Approved Plans (PR) Construction Plans (Typical Dock Construction-GOIIMC.pdf) 2. Approved Plans (PR) Conceptual Site Plan (Boundary and Topographic Survey.pdf) 3. Approved Plans (PR) Construction Plans (HEX DECISION 2021-57 Petition No_ VA- PL20210000098 - 10-28-21 - Prepared.pdf) 4. Approved Plans (PR) Construction Plans (HEX DECISION 2021-58 Petition No_ BDE- PL20210000039 - 10-28-21 - Prepared.pdf) 5. Approved Plans (PR) Construction Plans (Mike & Ellen Fasching 219 Malibu Cove Dock Drawing - Prepared.pdf) 6. Approved Plans (PR) Construction Plans (Mike & Ellen Fasching 219 Malibu Cove Dock Electric Drawing for Permit - Prepared.pdf) 7. Approved Plans (PR) Construction Plans (Salty Hoist Boat Lift Engineering - Prepared.pdf) Packet Pg. 72 Collier County Growth Management Department INSTRUCTIONS FOR BUILDING PERMIT APPLICATI 2800 N. HORSESHOE DRIVE, NAPLES, FL 34104 (239) 252-2400 These Instructions are designed to assist and guide Permittees with completing the Building Permit Application. For your convenience, the Application is also available on http://www.colliercountyfl.gov as an interactive PDF. All sections, as noted, must be completed. A.1. Permit #: To be completed by Staff. Instructions for Section B. General Permit Information B.1. Primary Permit #: To be completed by the applicant, if applicable. i.e., the single-family home permit is the PRIMARY PERMIT for an accessory pool permit. B.2. Master Permit #: To be completed by the applicant, if applicable. A MASTER PERMIT is a set of documents pre -approved by the County to use for future permits. B.3. Building Type: Select one of the five options. Instructions for •Property C.1. Parcel/Folio #: These can be found on the Collier County Property Appraiser website: http://www.collierappraiser.com. C.2. Job Street Address: This is the physical address where the construction work will take place. C.3. Owner Name: Name of the property owner where the construction work will take place. C.4. Owner Phone: Phone number of the property owner where the construction work will take place. C.5. Owner Email: Email address of the property owner where the construction work will take place. C.6. Subdivision: The subdivision/lot/block/unit #'s can be found on the Collier County Property Appraiser website: http://www.collierapproiser.com C.7. Project Name: The name of the project, when applicable. C.8. SDP/PL#: Approved SDPs can be obtained by contacting the Collier County Records Room at GMDRecordsRoom@colliercountyfl.gov. C.9. Jurisdiction: Select Option that applies. Instructions•r Section D. Contractor• • D.1. Permittee Type: Please check the applicable box. D.2. Contact Name: Name of the contractor's contact, if different than below. Owner Builder must state "SELF." D.3. License #: Contractors must provide their State (preferred) and/or County license numbers and business information. Owner Builder applicants must state "SELF." D.4. Company Name: Name of contractor's company performing the construction work. Owner Builder must state "SELF." D.5. Company Address: Address of the Contractor or Owner Builder. D.6. Qualifier Name: Provide the name of the qualifier. Owner Builder must state "SELF." D.7. Contractor Email: Email(s) of the Contractor or Owner Builder. D.7.A. For Contractors: Is Email your preferred method of contact. Please check YES box, if applicable. D.9. Company Phone: Phone Number of the Contractor or Owner Builder. D.10. Company Fax: Fax Number of the Contractor or Owner Builder. Instructions for Section E. Permit Information E.1. Declared Value: Identify the Declared Value of the construction. The Declared Value must be either the contract value OR the value established by the Items to Be Included, pg. 3 of the 50% Structural Improvement/Structural Damage Form. E.2. Permittee Type: Select a permit type from the supplied list. E.3. Description of Work: The Description of Work must convey a detailed account of the work identified on the construction plans. For a multi -story project, identify the floor/story where construction work will take place. In addition, for permit applications addressing a Code Enforcement violation, please include the case number. Do NOT state "Please see attached plans." The description of work must be included on the approved Permit. E.4. Occupancy Type: Identify the Occupancy Type from the list: Occupancy Types are established in Chapter 3 of the Florida Building Code. Amusement Parks, Stadium, Bleachers Assembly, Church Assembly, Arenas Assembly Niteclubs Assemby, Restaurants, Bars, E&gwt Halls Assembly Theaters, with Assembly., Assembly, Theaters, without Stage Business Chickee Non -Residential Chickee -Residential Day Care Factory - Industrial (Low Hazard) Factory - Industrial (Moderate Hazard) High Hazard (H-2) High Hazard - (H3) High Hazard (Hd) High Hazard, Explosives HPM Institutional Incapacitated Institutional Supervised Environment Mercantile Residential, Care/Assisted Residential, Residential, Residential 1&2 Family Special Purpose Low Hazard Utility, Miscellaneous Utility Miscellaneous Living Facilities Hotels Multi -Family New or Guest House Industrialstora Commercial & MIF 12esidential E.S. Construction Type: Identify the Construction Type from the list: Construction Types are established in Chapter 6 of the Florida Building Code. Type IA I Type IIA (1 hour) I Type IIIA (1 hour)] Type IV Type VB (Unprotected) I Type IB Type 116 (Unprotected) I Type 11113 (Unprotected) I Type VA (1 hour) E.6. Is structure in flood zone: Identify whether the structure is located in a flood zone: No, Unknown, Yes. E.7. Fire Sprinkled: Identify whether the building is fire sprinkled: Yes or No. E.8. Type of Water Supply: Check the box that identifies the type of water supply. E.9. Sewage Disposal: Check the box that identifies the method of sewage disposal. E.10. Vegetation Removal: Identify whether clearing of vegetation will take place: Yes. Clearing will take place on site, or No. Clearing will not take place on site. E.11. Private Provider: Identify whether Private Provider services will be rendered: No or Plan Review & Inspection or Inspection Only. E.12. Threshold Building: Identify whether the structure is a threshold building, as defined by FBC Ch. 2 and F.S. 553.71(12): Yes or No. E.13. Repairs from Disaster Event: Identify whether these are repairs from a disaster event. Yes, Name of Event or No. E.14. Change of Occupancy: Please check Yes or No. E.15. Permit by Affidavit: Identify whether the permit is a Permit by Affidavit: Yes or No. E.16. Subcontractors: Check all the Subcontractors that will conduct work at the iob site. F. Identify number of stories in structure, floor where work is being performed, # of bedrooms/bathrooms. Supply interior/living sq.ft., additional sq.ft. being added, exterior/non-living sq. ft. and total square footage. Building Permit Application Instructions Pg. 1(1.2020) Packet Pq. 73 Collier County Growth Management Department BUILDING PERMIT APPLICATWIN 2800 North Horseshoe Drive, Naples, FL 34104 (230) 252L_L.B.e PermittingDept@CollierCountyFL.gov Directions: Applicants must complete all fields. Please follow the Building Permit Application Instructions to complete this Application. B.3. Building Type: ❑x 1&2 Family Dwelling/Townhouse nRes. 3+Units/Multi-Family ❑Commercial ❑Mobile/Manufactured Home ❑Guest House C.1. Parcel/Folio #: 74435002201 C.6. Subdivision Lot #: C.2. Job Street Address: 219 MALIBU CV C.7. Project Name: C.3. Owner Name: FASCHING, ELLEN=& MICHAEL C.8. SDP/PL#: CA. Owner Phone: 239-949-5588 C.9. Jurisdiction: ❑x Collier County ❑City of Everglades C.5. Email: permits@orickmarine.com • • • • . D.1. Permittee Type: [@Contractor []Design Professional ❑ Owner Builder D.2. Contact Name: Mark o D.3. License: C28961 D.4. Company Name: GREG CRICK II MARINE CONSTRUCTION INC D.S. Company Address: 2815 BAYVIEW DR, NAPLES, 34112 D.9. Company Phone: 239-949-5588 D.6. Qualifier Name: GREG ORICK II D.10. Fax #: 239-301-2238 D.7. Email: PERMITS@ORICKMARINE.COM For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit. ❑■ Yes Section• •Hut *Building Permit ;eincludes umpstera, Tenant 20000 etc E.2.PermitType: ❑Alum Structure ❑Awnings❑Building*❑ Carport/Shed ❑ Cell TowerElDemolition❑Detached Garage ❑Electrical❑Fence❑Fire [-]Gas ❑X Marine ❑Mechanical [:]Plumbing [:]Pool ❑Roof ❑Shutters/Doors/Windows ❑Sales/Const.Trailer []Screen Enclosure ❑Solar❑Sign/Flagpole []Water Feature E.3. Description of Work: The Description of work must convey an account of work identified on the construction plans. Install 693 Sq. Ft. Dock with 2 Gifts EA. Occupancy Type: See Instructions E.5. Construction Type: ❑ 1A ❑ IB ❑ I1A ❑ IIB ❑ III A ❑ IIIV ❑ IV ❑ VA ❑ VB See Instructions E.6. Is Structure in a Flood Zone: ❑ No ❑ Unknown ❑ Yes, additional form required. See Instructions E.7. Is Structure Fire Sprinkled: ❑ No ❑ Yes E.8. Type of Water Supply: ❑ Collier County ❑Well ❑City of Naples ❑Ave Maria ❑City of Everglades ❑Immokalee ❑Other E.9. Type of Sewage Disposal: []Sewer ❑ Septic E.10. Vegetation Removal: ❑ Yes ❑ NO A Vegetation Removal Affidavit is required for any new structure of addition on all parcels larger than 1 acre. E.11. Private Provider: ❑ No ❑ Yes ❑ Plan Review & Inspections ❑ Inspections Only E.12. Threshold Building: ❑ No ❑ Yes E.13. Repairs from Disaster Event: ❑ No ❑ Yes Name of Disaster Event: E.14. Change of Occupancy: ❑ No ❑ Yes E.15. Is this a Permit by Affidavit: ❑ No ❑ Yes E.16. Subcontractors: Check All that Apply: ❑ Electrical ❑ Plumbing ❑ Mechanical ❑ Roofing ❑ Septic ❑ Electric from house Total Number of Stories: Floor (Story) work is being performed on: # Bedrooms: # Bathrooms: Living /Int. Sq. Ft.: Addt'I. Sq. Ft.: Non-Living/Ext. Sq. Ft.: Total Sq. Ft.: PMR Date: PLEASE DO NOT WRITE BELOW, FOR STAFF USE ONLY Days Review: Sets of Plans: PAGE 2 V.1.2020 Page 2/4 Co Ner County Growth Management Department 3.B.e BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-240C Permitting Dept@colIiercountyf1.gol Secton 1. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY OWNER OR AGENT OF OWNER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that ma be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Managemer District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair tl• landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal t business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek profession advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or belc ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systerr landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose mu be obtained from the Growth Management Department, NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleare Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the followii zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Speci Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the proper State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for addition information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is in a clearing permit. WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures locate in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE OWNER OR AGENT OF OWNER, cert that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulati construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement construction. The approved permit and/or permit application expires if work is not commenced within 180 days from the date of issuance. I, THE OWNER Q AGENT OF OWNER understand that only licensed contractors may be employed and that the structure cannot be used or occupied until a certificate of occupan is issued. By signing this permit applications, I, THE OWNER OR AGENT OF OWNER, agree that I have retained the contractor identified on this application provide contracting services for the trade for which he or she is listed. I understand it is the responsibility of the property owner to notify the Building Plan Review a Inspection Division should the contractor responsible for providing said contracting services no longer be willing to provide his or her services. I, THE OWNER d AGENT ii OWNER, understand the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. Furlhermo I, THE ER OR AGENT OF OWNER understand the owner is responsible for all construction work on the property. Job Signature of Owner of lJent of Owner (An original signature is required) State of FLORIDA County of COLLIER GREG ORICK II Print Name of Owner or Agent of Owner The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization this —10 January _ 20 22 , by (printed name of owner or qualifier) GREG ORICK I I Such person(s) Notary Public must check applicable box: ❑ Are personally known tome ❑ Has produced a current drivers license ❑ Hasproduced Notary Signature: NOTICE OF COMMENCEMENT INFORMATION day of WILLIAM NELSON _aP ;:: NolI Public,State of Florida asidentifisation. Commission p GG 313888 ' My Commission Expires March 19, 2023 Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500. with certain exception For A/C Repairs or Replacements a notice of commencement is required for improvements more than or equal to $7,500, The applicant shall file with the issuir authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting ar inspection department. The Issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, ems or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOI IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTIC OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRS INSPECTION IF YOU INTEND TO OBTAIN FINANCING. _ s v to LIL R V 3 N 0 tU J m N 0 N 0 0 0 M N 0 N J a 0 r 0 0 0 0 0 N N 0 N a m a E L m a m t c) tts w Q _ d E s c� tv w Q Building Pennit Application 1.2020 Packet Pg. 75 3.B.e co161n, county BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-240( Growth Management Department Permitting Dept@col I iercou ntyfl.go% Secton I. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY THE QUALIFIER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may tm be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Management District, State agencies, or Federal agencies. s t� WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the 0 ILL landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or > business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professiona tU advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or beloH M ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems 2 landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose mus rn be obtained from the Growth Management Department. j 0 NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared tU Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following m zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Specia N Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property co State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for additiona c information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is no, c a clearing permit. p M WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures locate( o in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. J IL CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE QUALIFIER, certify that I have not performe( any work or installation prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in thi:Iq jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The permi - application or approved permit expires if work is not commenced within 180 days from the date of issuance. I, THE QUALIFIER understand that the structure canno N be used or occupied until a certificate of occupancy is issued. By signing this permit application, I, THE QUALIFIER, agree that I have been retained by the property " owner to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Plan Review and Inspection Divisior shou 1 no longer be THE QUALIFIER responsible for providing said contracting services. I, THE QUALIFIER, agree that I understand the review and issuing of this CD pe does not a empt me from complying with all County Codes and Ordinances. c Job - r it 219 Malibu Cv c N :n GREG ORICK II N O Signature of Q14 er (An original signature is required) Print Name of Qualifier N t7 m FLORIDACOLIER State of County of a The foregoing instrument was acknowledged before me by means of © physical presence or ❑ online notarization this 10 day of E 20 21_ by (printed name of owner or qualifier) G RE GORCK 11 L 4) �January , Such person(s) Notary Public must check applicable box: ❑ Are personally known tomeWILLIAM :ELSON ❑ Has produced a current drivers lio�rtse ¢� Notary Public-Sf Florida Commission #13868 E �' �•,r Has produced -TAT— �s� as identification. « My Commisspires . 193 ciMarch Notary Signature: ��a� Y I Q NOTICE OF COMMENCEMENT INFORMATION Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500. with certain exceptions ForA/C Repairs or Replacements a notice of commencement is required for improvements more than or equal to $7,500. The applicant shall file with the issuinc authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting anc inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, emai or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOF IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. 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Inspection Hold Informational To Extend OR Cancel Permit upload extension request document. Follow link to locate Forms; https://www.col I iercou ntyfl.gov/your-government/divisions-a-e/building-review/building-perm it -resolution - services NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS: in effect at all times. Work permitted, RESIDENTIAL Areas — 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDEN' Areas (more than 500 feet from Residential Area) 6:OOAM to 8:OOPM Monday thru Saturday. No Work on Sundays or Holido RADIOS, LOUDSPEAKERS, ETC. — Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS — Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other appli utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDEI AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICI THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR 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 ma; found in the public records of this county, and there may be additional permits required from other governmental entities suc water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMEN rn 0 0 0 N N O N 0 m a L E m a �e C c m E C.) it R at c d E r 1 r Q Packet Pg. 82 3.B.e P"D202201011 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTE TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Packet Pg. 83 3.B.f HEX NO. 2021-57 HEARING EXAMINER DECISION DATE OF HEARING. October 28, 2021 PETITION. PETITION NO. VA-PL20210000098 - Request for a variance from Section 5.03.06.E.5 of the Land Development Code to reduce the required side yard/riparian setback for dock facilities on lots with water frontage of 60 feet or greater from 15 feet to 5 feet for a lot with 113E feet of water frontage located within the residential component of the Lely Barefoot Beach Planned Unit Development, Ordinance No. 77-48, as amended, at 219 Malibu Cove and further described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida GENERAL PURPOSE FOR THE PETITION. The petitioner requests to replace an existing dock with a new dock facility that has been designed to accommodate a larger 43-foot vessel. As proposed, the new dock facility will encroach 10 feet into the otherwise required 15- foot side/riparian setback on the east side. Dock protrusion is the subject of a companion Boat Dock Extension petition, BDE-PL20210000039. STAFF RECOMMENDATION. Approval with conditions. FTNDTNGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. Page 1 of 5 Packet Pg. 84 3.B.f 5. This Petition is a companion to Petition No. BDE-PL20210000039, to allow the proposed boat dock facility to protrude a total of 63 feet into a waterway that is 325± feet wide. 6. The County representative introduced the Petition and staff recommendations, followed by Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections to the Petition at the public hearing. 7. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny or modify any request for a variance from the regulations or restrictions of the Collier County Land Development Code.' 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The record evidence and testimony from the public hearing reflects that the shape of the shoreline and existence of a Conservation Easement limit dock design options as does the existence of neighboring dock facilities. The petitioner has designed the proposed facility with all the aforementioned circumstances considered, including the desire not to impede the use of neighboring dock facilities. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? The record evidence and testimony from the public hearing reflects that the property's natural shoreline, shape of the shoreline, and Conservation Easement necessitated the additional protrusion (Subject of companion BDE) due to the pie -shaped riparian lines. The proposed dock has been designed to compensate for the above and to accommodate the desired vessel size of 43 feet. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The record evidence and testimony from the public hearing reflects that a literal interpretation of the Code would compel a smaller dock, thereby creating practical difficulties for the applicant with respect to the docking of a 43 foot vessel. 4. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, and welfare? The record evidence and testimony from the public hearing reflects that with exception to the decked over lift, there is no excess decking. As for the decked over lift, the applicant 'The Hearing Examiner's findings are italicized. Page 2 of 5 Packet Pg. 85 3.B.f has explained that it is to be a platform for kayaks and paddleboards, said lift is not the offending portion of the proposed dock with respect to the side/riparian Variance request. S. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The record evidence and testimony from the public hearing reflects that a variance bestows some dimensional relieffrom the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the variance process for any dimensional development standard. However, other properties facing a similar situation are entitled to make a similar request and would be conferred equal consideration on a case -by -case basis. 6. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The record evidence and testimony from the public hearing reflects that the granting of the subject variance request will be in harmony with the general intent and purpose of the LDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 7. 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 record evidence and testimony from the public hearing reflects that the subject docking facility is uniquely situated and compensates for existing dock facilities as well as an existing Conservation Easement. 8. Will granting the Variance be consistent with the GMP? The record evidence and testimony from the public hearing reflects that his Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20210000098, filed by Jeff Rogers of Turrell, Hall & Associates, Inc., representing Michael and Ellen Fasching, with respect Page 3 of 5 Packet Pg. 86 3.B.f to the property described as 219 Malibu Cove, located at the southwest corner of San Mateo Drive and Malibu Cove. Said property is identified as Lot 19, Southport on the Bay Unit One, in Section 6, Township 48 South, Range 25 East. Collier County, Florida, for the following: A variance from Section 5.03.06.E.5 of the Collier County Land Development Code, to reduce the required side/riparian setback for dock facilities on lots with water frontage of 60 feet or greater from 15 feet to 5 feet for a lot with 113f feet of water frontage, for the benefit of the subject property. Said changes are fully described in Proposed Dock Plans attached as Exhibit "A" are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Proposed Dock Plans LEGAL DESCRIPTION. 219 Malibu Cove, located at the southwest corner of San Mateo Drive and Malibu Cove. Said property is identified as Lot 19, Southport on the Bay Unit One, in Section 6, Township 48 South, Range 25 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. Page 4 of 5 Packet Pg. 87 3.B.f RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. November 24, 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 Packet Pg. 88 3.B.f EXHIBIT "A" Packet Pg. 89 O1VM) 4Z-8Z-04 - 86000004ZOZ-1d-VA 'ON uol;I}ed LS-MZ NOISI03a X3H - 3;u8wt438llV :IU8W1V811V z O z ww ZW ow MO W H a: w a w a �f r� i z �Z w �E Z., , n Z ° w w �N1yM ,nyN a �g� Xd au^ asa C Ww� wL tom woo Q�rc ao$€ p;Zo 002 Q:wg w Op=�� aN ��N�WQ� IW° boo:°0a��yoa'R 4aoPwc0� °pQ C,3'�-�3v�wiIa R Vimz-3{ F-Ix3Na00 v�i�rZ-�0z Z 11 O y N \ �w I IL a z� a a a 0 o� a w N +-' a� V W z a z d_ I N Z � FBI ED o o !y� 0 , w w m o o ff o u w �arcox W O O U b m w 0 �8 4Z 2Z 0�-860000WOZ d- A ' N u01148d L -4ZOz NO2103Q X] H-] 8W43BP :U8W 43n; C;i\* 2§� §22 ]/w 0 F./y �. &\ . \ c � � 2 � 0 m � � w CL 0 0� a A � � § ƒ k 0 P_»_m_a,Malibu fto 01VM) 4Z-8Z-04 - 860000MOZ-1d-VA 'ON UOIIRad LS-MZ NOISI03a X3H - 3;u8wt438llV :;u8wt438ljv Q LL 0 J U. U. 0 w W� N w v z w uj w O� a p� j0 F 0 n. v E-z z� AA �U) C o w U Cl) d OO LL p LL W W C9 a W W z 0 F Ozz �~p wma dz J GAO U) QO>m �w� Env 0 F- z� w Q z N a N d N V z a N a d M z 3 0 0 z 0 U W N Ci be M M mA �2A� C U AM t0� z 4 Cd > a.� d 00 a H v �El W 3.B.g HEX NO. 2021-58 HEARING EXAMINER DECISION DATE OF HEARING. October 28, 2021 PETITION. PETITION NO. BDE-PL20210000039 - Request for a 43-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 63 feet into a waterway that is 325f feet wide, to accommodate a new docking facility with two boat lifts, one for a 43-foot vessel and the other to be decked over to be used for kayak and paddleboard access, for property located at 219 Malibu Cove and further described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. To replace an existing dock with a new dock facility with two boat lifts, one for a 43-foot vessel and the other to be decked over to be used for kayak and paddleboard access. The proposed dock facility will protrude 63 feet from the Mean High -Water Line (MHWL) which also serves as the platted property line. As proposed, the new dock facility will also encroach 10 feet into the required 15-foott side/riparian setback which is the subject of a companion variance request. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. Page 1 of 7 Packet Pg. 93 3.B.g 5. There is a companion Petition No. VA-PL20210000098 for dock side/riparian setback reduction. 6. The County representative introduced the Petition and staff recommendations, followed by Petitioner and/or Petitioner's representative, and then public comment. No objections were made at the hearing. 7. The County's Land Development Code Section 5.03.06.H. lists the criteria for dock facility extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock extension request if it is determined that at least four (4) of the five (5) primary criteria, and at least four (4) of the six (6) secondary criteria have been met.' Primary Criteria: 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.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The subject property is improved with a single-family residence, allowing for up to two boat slips, and is on an irregularly shaped lot with 113± feet of water frontage within a residential component of a planned unit development (PUD). The petitioner desires to remove the existing single -slip dock thereby allowing for its replacement with a two -slip dock facility; one slip for a 43 foot vessel and the other to be decked over for kayak and paddle board access. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEENMET. The applicant states that this boat dock extension (BDE) request is based on the existing shoreline conditions which consist of a shallow natural mangrove shoreline. The mangrove shoreline is also a Conservation Easement that any proposed docking facility is required to extend out beyond to ensure the shoreline remains in its natural state. Limited lateral branches will be trimmed to install the dock access but is within the footprint of the existing walkway. The proposed vessel is relatively large and is the driving factor in this BDE request but due to the natural mangrove shoreline and shallow depths 'The Hearing Examiner's findings are italicized. Page 2 of 7 Packet Pg. 94 3.B.g along the mangrove fringe requires the dockfootprint be pushed further out into the subject waterway. As designed the dock is consistent with all the other docks previously approved within the Little Hickory Bay. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The applicant states the proposed dock facility is at the terminus end of the bay with little to no navigation within other than for neighboring properties. Additionally, the overall protrusion has been reduced to the extent possible for the vessel to reach adequate water depths to avoid dredging and impacts to the natural mangrove shoreline. Water depth is not a factor pertaining to this criterion. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The applicable waterway is 325± feet wide as measures from MHWL to MHWL, the requested protrusion is 63 feet; therefore, the proposed dock facility will occupy 19.38 percent of the width of said waterway. Given that the subject dock facility is located within a basin it is difficult to say just how much room for navigability exists; however, given that natural portions of the bay are far more restrictive the intent of this challenge is satisfied. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. As depicted upon the Proposed Dock Plan, the proposed dock facility provides adequate setbacks from both neighboring dock facilities; therefore, it will not interfere with the use of said docks. The natural mangrove shoreline provides for a visual buffer of the waterway and serves to ameliorate any views that might otherwise be impacted. Secondary Criteria: Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Page 3 of 7 Packet Pg. 95 3.B.g The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The applicant states the following: "The subject property has two special conditions that are contributing to this BDE request other than the owner's vessel and shallow water depths. The first condition is the natural mangrove shoreline that cannot be impacted or removed due to it being recorded as a Conservation Easement which requires us to design the dock on the waterward side of the mangrove fringe. The second condition is the subject property's shape of shoreline that will only allow the proposed dock to be placed just about in the same location of the existing docking facility due to the adjacent existing and proposed docks. Rotating the direction of the proposed dock would create potential ingress/egress issues with the adjacent neighboring dock to the west. " With exception to water depth, sufficient justification has been provided; water depth is not a factor of this criterion. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. Most of the proposed dock facility is comprised of a U-shaped dock with 4- foot finger docks on either side of the primary lift. The second lift, to be decked over for kayak and paddleboard access has no finger pier on the outer portion but has a 10 foot area to the front. It is staffs opinion there is minimal extra decking and that the finger docks are of the minimum width needed for safe operations. 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.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The subject property has 113± feet of water frontage and the primary vessel to be docked is 43 feet which is 38.05 percent of the waterfront. Kayaks and paddleboards are non -motorized and should not be included as part of this calculation. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The proposed dock has been designed within the designated riparian lines and is consistent with the existing docks along the subject shoreline. Additionally, the natural mangrove shoreline serves as a visual buffer of the waterway. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Page 4 of 7 Packet Pg. 96 3.B.g The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The submerged resources survey provided indicates that no seagrass beds exist within 200 feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) The record evidence and testimony from the public hearing reflects that the criterion is NOT APPLICABLE. The provisions of the Collier County Manatee Protection Plan do not apply to individual docks behind individual residences. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.1-1 of the Land Development Code to approve the Petition. The Petition meets 5 out of 5 of the primary criteria and 5 out of 6 secondary criteria (one secondary is not applicable in this case). DECISION. The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210000039, filed Jeff Rogers of Turrell, Hall & Associates, Inc., representing Michael and Ellen Fasching, with respect to the property described as 219 Malibu Cove, located at the southwest corner of San Mateo Drive and Malibu Cove. Said property is identified as Lot 19, Southport on the Bay Unit One, in Section 6, Township 48 South, Range 25 East. Collier County, Florida, for the following: • A 43-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 63 feet into a waterway that is 325± feet wide, for the benefit of the subject property. Said changes are fully described in the Dock Plans and Boundary and Topographic Survey attached as Exhibit "A" and the Restoration Plan attached as Exhibit `B" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Dock Plans and Boundary and Topographic Survey Exhibit B — Restoration Plan Page 5 of 7 Packet Pg. 97 3.B.g LEGAL DESCRIPTION. 678 Palm Court, further described as Lot 27, Block F, Goodland Isles Second Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. A Special Treatment Permit (ST) must be obtained prior to obtaining a building permit for the proposed docking facility. 2. Companion Petition No. VA-PL20210000098 must be approved for the subject dock facility to be constructed within the setbacks provided herein; absent such approval, this BDE is rendered null and void. 3. The restoration plantings described within the attached Restoration Plan must be installed and inspected prior to the issuance of a Certificate of Completion for the subject boat dock facility. 4. A Building Permit must be issued for a principal structure on the subject property prior to issuance of a Building Permit for an accessory structure; to Wit: The Proposed Dock Facility. 4. A Certificate of Occupancy must be issued for a principal structure at this location prior to the issuance of an accessory structure; to Wit: the Proposed Dock Facility. DISCLAIMER Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 6 of 7 Packet Pg. 98 3.B.g 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. 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INTRODUCTION Collier County Environmental staff are currently reviewing an application for a single-family residential docking facility located at 219 Malibu Cove. The County's review determined that the existing Conservation Easement (CE) area along the property shoreline will require some restoration plantings due to open areas that have historically been impacted with fill and/or cleared allowing sod to grow. This work within the easement area was not authorized therefore Collier County staff is requiring that the CE area be restored to its natural condition by removing any fill placed within and planting the area with native trees, shrubs, and groundcover. The property is identified on the property appraiser's website as 74435002201, which is approximately 0.59-acre lot situated within Section 06, Township 48 South, and Range 25 East, Collier County, Florida. This document outlines the restoration plan for the onsite Conservation Easement area. II. EXISTING CONDITIONS: HABITAT & SOIL DESCRIPTIONS The subject site consists of 0.59 acre dedicated to a single-family residential dwelling with a conservation easement area along the entire shoreline. The conservation easement area was historically impacted by minor clearing of vegetation and the placement of fill material outside the authorized area. The conservation easement area will have to be restored as required by Collier County Environmental Staff. Existing soil is fill which was placed on the property at the beginning of the residential construction. Any additional fill will be removed from the easement area as part of this restoration plan. III. PROPOSED PLANTINGS / RESTORATION The owner is being required to restore the conservation easement area by removing any fill that was placed there to create a consistent slope, from the remaining upland area to the existing natural shoreline elevation and planting native vegetation. This will allow for a very gradual slope and once the fill is removed the proposed plantings outlined below will be installed throughout the area. EXHIB 'I &I Pg• 111 3.B.g The proposed plantings shall include a minimum of 12 midstory trees on 8' centers consisting of just buttonwood trees due to the location of the plantings vs the location of the MHWL. The groundcover will consist of 30 plants on 3' centers in and around the proposed buttonwoods including sea oxeye and bay cedar. All species listed should be utilized in even amounts if possible, but exact species numbers could be based on supply availability. Planting specifics are outlined below. Midstory plants: Number of Trees = 12 Buttonwood (Conocarpits erectzts) 12 All midstory plantings will be installed on 20ft. centers with a minimum 3-5 gallon pot containers. Groundcover plants: Number of Plants = 30 Sea Oxeye (Borrichia frzttescens) 15 Bay Cedar (Suriana maritima) 15 All groundcover plantings will be installed on 3ft. centers with a minimum 1 gallon pot containers. Irrigation maybe required for the top half of the easement area due to the distance from the ground water table to help ensure the plantings survival. For the lower half of the easement no irrigation is proposed due to the final elevations of this portion of the conservation easement being closer to the tidal water table which should help keep the plantings hydrated naturally. IV. CREDENTIALS Jeff Rogers Project Manager for Turrell, Hall & Associates since 2005 B.S. Degree in Environmental Science, Rollins College Sustainable Development Course -Galapagos Islands, Equador Completed Southwest Florida Association of Environmental Professionals Wetland Delineation Training Course-2006 Florida Department of Environmental Protection Environmental Resource Permit Course-2006 Completed a FAEP Plant ID Class with Dr. Hall from the University of Florida- 2006 Primary career focus: Permit Compliance Mitigation and Monitoring Packet Pg. 2 PL20230010282 3.B.h 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 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 RepFesentati^^ 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 r Q Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\IobAides orHelp Guides Packet Pg. 113 3.B.h 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. Submerged Resource Surveys may be included here if required. X flash drive with only one pdf file for all documents or Email 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 lash driv must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. U), Irk--- 2/2/2024 Signat re o Agent Representative Date Jeff Rogers Printed Name of Signing Agent Representative Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Packet Pg. 114 Collier County 3.B.h Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Administrative Boat Lift Canopy and Boat Lift Canopy Deviation Application Land Development Code section 5.03.06 G Chapter 3 of the Administrative Code PETITION NO: PROJECT NAME: 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. Check here if requesting deviation — LDC 5.03.06 G.3. (public hearing advertising and notification fees apply) If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G., then a petition for a boat lift canopy deviation may be made to the Office of the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. The assigned Planner will take the appropriate steps to prepare the application for the Hearing Examiner hearing. This is an administrative review to determine compliance with the provisions of the LDC. If any other State or Federal permit is required, the applicable permit(s) must be obtained prior to construction or installation of the boat lift canopy. Please contact the State Department of Environmental Protection (239-332-5600) and the US Army Corps of Engineers (239-334-1975) to determine if permitting is required. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Ellen & Michael Fasching Name of Applicant if different than owner: Address: 219 Malibu Cove Telephone: E-Mail Address: mcf54@aol.com Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave. Telephone: 239-643-0166 E-Mail Address: Jeff@thanaples.com City: Bonita Springs Cell: City: Naples Cell: 239-784-0081 State: FL ZIP: 34134 State: FL ZIP: 34104 09/2022 Packet Pg. 115 COLL7eT COunty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY INFORMATION Property ID Number: 74435002201 Subdivision: 636400 - SOUTHPORT ON THE BAY Address/General Location of Subject Property: 219 Malibu Cove Section/Township/Range: 6 / 48 / 25 Unit: 1 Lot:19 Block: Current Zoning and Land Use of Subject Property: PUD and 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 1 :Z & 13 b) Does Canopy extend beyond width of boat lift? Yes No If yes, how many inches? 6 c) The length of the boat lift Canopy shall not exceed 35 feet. Length: 49 &llft d) The height of the boat lift Canopy shall not exceed 12 feet, measured from the highest point of the Canopy to the height of the dock walkway. Total Height: 12 & 15 ft. e) The sides of the Canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18' shall be permitted on the sides. Length of Drop Curtain: 18 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: Beige h) No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. Lots with frontage on canals shall be permitted a maximum of 1 boat lift Canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift Canopies per site. If an applicant wishes to construct a boat lift Canopy that does not meet the standards of LDC subsection 5.03.06 G.1, then a petition for a boat lift Canopy deviation may be made to the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. SUBMITTAL REQUIREMENT CHECKLIST See Chapter 3 B. of the Administrative Code for submittal requirements. REQUIREMENTS FOR REVIEW: REQUIRED NOT REQUIRED Completed Application (download current form from County website) Completed Addressing Checklist ❑�/ Property Ownership Disclosure Form ❑✓ _ Signed and sealed survey, showing any existing dock facility ❑ ❑ Scale drawing of the proposed Canopy. (Please refer to page 4) ❑ ❑ Sample of the fabric for color review. ❑ ❑ a 09/2022 PagA Packet Pg. 116 CO ICY COHHty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov FEE REQUIREMENTS 771 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 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: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: City: City: City: City: State: ZIP: State: ZIP: State: ZIP: 6 U r a State: ZIP: State: ZIP: Packet Pg. 117 3.B.h Co per County 0 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 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 c 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 THISAPPLICATION ISTRUE ANDACCURATE TOTHE BESTOF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS BOAT LIFT CANOPY APPLICATION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyti.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov A� VO-1- Applicant Signature Jeff Rogers Printed Name 11 /28/2023 Date 09/2022 Packet Pg. 118 0 U Z) N L 0 El (6ulg3sed A3 nq!IBW W (10-18 UZ000EZOZld : Ot M) a6e13ed dnMoe8 - E);u+ 00 >- T-A O- M n Wes, 3 Q O � N Q1 E x O Q X O O co cv N u -0 O v I o W 'X Co (6ulg3sed n3 nq!IBW W (10-18 UZ000EZOZld : Ot M) a6e13ed dnMoe8 - E);u; cl; _ 00 O O E 4-0 U tjo Ln d cn E 4-0 CAA X C (o J f� O F- wi all Q O N 4-1 N E X O --s N E Q C X O O m U -0 C O f� U Q C Q m Q fB Q -p O ai C fo }' U E D J N 4- _0 0 C � CO f� > .J Q a-+ E Q O U E Q W Qate-J N N N >- E O 00 4-J Z 0 -C Q U ,n V -C F— to Co*er County 3.B.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountVfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Zoning Pre -Application Meeting Notes Boat Lift Canopy & Boat Lift Canopy Deviation Application Petition Type: Date and Time: Thursday 6/29/23 at 1 : 30pm - ZOOM Assigned Planner: John Kelly Engineering Manager (for PPL's and FP's): Project Information Project Name: Boatlift Canopy Deviation-219 Malibu CV PL#: 20230010282 Property lD #:-74435002201 Current Zoning: Lely Barefoot Beach PUD Bonita Sprin s, FL 34134 Project Address: 219 Malibu CV City: Sate: Zip: Applicant:Jeff Rogers-Turrell, Hall&Associates, Inc Agent Name: Jeff Rogers Phone: 239-643-0166 Agent/Firm Address: 3584 Exchange Ave. City: Naples State: fL Zip: 34104 Property Owner: Ellen & Michael Fasching Please provide the following, if applicable: i. Total Acreage: .59 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. V. vi. For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: If the project is within a Plat, provide the name and AR#/PL#: Page 1 1 of 5 a Updated 03/14/2023 Packet Pg. 121 CO er County 3.B.h COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountVfl.qov/Home/ShowDocument?id=75093 Re, iI;Ili A i • Y�' 2•'Yi.Gt �yi»PL�T� �r'�- /mac �r f.}�°/�LICI'9$L� Z�N�i� �}�'F1iIS1kS �r ��' �_ S7_%� i ' t_' 1 • r.. 1 • If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton[ naplesgov.com Allyson Holland AM Holland(a)naplesgov.com Robin Singer RSinger(d)naplesgov.com Erica Martin emartin(d)naplesgov.com Disclaimer- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. c u_ Cn 3 N 0 V J M N O N O O O Cl) N O N J a Q Updated 03/14/2023 Page 1 2 of 5 Packet Pg. 122 if 'er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes " �idrX�dc A �•�Byi+i�6�1 �u�2Ci3 Snf�"'1 �s"�S Note: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public, facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 03/14/2023 Page 1 3 of 5 Packet Pg. 123 3.B.h CO 6eY CO14Hty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Zoning Pre -Application Meeting Sign -in Sheet PL# 20230010282 Collier County Contact Information: Name Review Discipline Phone Email ❑ Laura DeJohn Zoning - Vendor 252-5587 Laura.dejohn@colliercountyfl.gov W"O.Iohn Kelly Zoning -Planner III 252-5719 john.kelly@colliercountyfl.gov ❑ Richard Henderlong Zoning -Planner III 252-2464 richard.henderlong@colliercountyfl.gov ❑ Ray Bellows Zoning & Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Mike Bosi Zoning & Planning Director 252-1061 Michael.Bosi@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning — Planner 111 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Eric Ortman Zoning — Planner III 252-1032 1 Eric.Ortman@colliercountyfl.gov ❑ Sean Sammon Zoning — Planner III 252-8422 Sean.sammon@colliercountyfl.gov ❑ Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov V Thomas Clarke Zoning - Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Anthony Stoltz Utility Planning - Supervisor 252-5835 Anthony.stoltz@colliercountyfl.gov ❑ Drew Cody Utility Planning — Project Mgr III 252-2917 1 Drew.cody@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov Lil Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov 11 Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring -Project Mgr II 252-5782 laurie.beard@colliercountyfl.gov ❑ Sean Lintz North Collier Fire -Batallion Chief 597-9227 slintz@northcollierfire.com ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov I_l Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org I Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov ❑ Diane Lynch Management Analyst 1 252-4283 diane.lynch@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov Gino Santabarbara I Impact Fees — Planner 111 252-2925 1 Gino.santabarbara@colliercountyfl.gov Updated 03/14/2023 Page 1 4 of 5 Packet Pg. 124 Corer Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 3.B.h ❑ Thomas Mastroberto Greater Naples Fire —Site Plans Reviewer III 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Sue Faulkner GMP-Comp Planning -Planner III 252-5715 sue.faulkner@colliercountyfl.gov ❑ Parker Klopf GMP—Comp Planning — Planner II 252-2471 Parker.klopf@colliercountyfl.gov ❑ Rachel Hansen GMP—Comp Planning— Planner III 252-1142 Rachel. hansen@colliercountyfLgov ❑ Kathy Eastley GMP-Comp Planning -Planner III 252-2834 Kathy Eastley@colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Alexandra Mitchel Environmental Specialist 252-2907 Alexandra.Mitchel@colliercountyfl.gov ❑ David Roe Environmental Specialist 252-2915 David. Roe@colliercountyfLgov Q� Craig Brown Environmental Review Supervisor 252-2548 craig.brown@colliercountyfl.gov ❑ Sarah Harrington Environmental Review Manager 252-4211 Sarah.Harrington@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Jocelyn Nageon De Lestang, P.E. Engineering Stormwater 252-2434 Jocelyn. NageondeLestang@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Cormac Giblin, AICP Director— Econ. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfLgov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Brett Rosenblum-P.E Dev. Review -Supervisor Proj. Mgt 252-2905 brett.rosenblum@colliercountyfl.gov ❑ Michele Mosca, AICP Community Develop. — Planner III 252-2466 michele.mosca@colliercountyfl.gov L Connie Thomas Client Services Supervisor 252-6369 1 Consuela.thomas@colliercountyfl.gov LI Renald Paul Client Services 252-2443 Renald.pauI@colliercountyfl.gov ❑ Lisa Blacklidge Building Review 252-2758 Lisa. blacklidge@col IiercountyfLgov ❑ Derek Perry Assistant County Attorney 252-8066 Derek. perry@colliercountyfLgov ❑ Peter Shawinsky Architectural Review 1 252-8523 1 peter.shawinsky@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email .C r4L— (- Ova T?. A N4 e c eSC Updated 03/14/2023 Page 1 5 of 5 Packet Pg. 125 3.B.h Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20230010282 — Boatlift Canopy Deviation-219 Malibu CV Planner -John Kelly PRE-APP INFO Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Jeff Rogers, Turrell Hall & Associates Inc. ieff@thanaples.com 239-643-0166 • Agent to list for PL# Jeff Rogers - Turrell, Hall & Associates, Inc • Owner of property (all owners for all parcels) Ellen & Michael Fasching • Confirm Purpose of Pre-App: (Rezone, etc.) Boat Lift Canopy & Boat Lift Canopy Deviation Application • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): N/A • Details about Project: 219 Malibu Cove: Existing two boat lift dock previously approved under BD- PL20210000039 & VA-PL20210000098. Applicant would like to ask for a deviation from the allowed typical boat lift canopy maximum length dimension from 35-feet to request a 49-foot canopy cover over this entire boat. REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Q Zoring Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.colliergov.net Packet Pg. 126 3.B.h Collier County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Administrative Boat Lift Canopy and Boat Lift Canopy Deviation Application Land Development Code section 5.03.06 G Chapter 3 of the Administrative Code 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 provide standards for these canopies. Check here if requesting deviation — LDC 5.03.06 G.3. (public hearing advertising and notification fees apply) If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G., then a petition for a boat lift canopy deviation may be made to the Office of the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. The assigned Planner will take the appropriate steps to prepare the application for the Hearing Examiner hearing. This is an administrative review to determine compliance with the provisions of the LDC. If any other State or Federal permit is required, the applicable permit(s) must be obtained prior to construction or installation of the boat lift canopy. Please contact the State Department of Environmental Protection (239-332-5600) and the US Army Corps of Engineers (239-334-1975) to determine if permitting is required. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Name of Applicant if different than owner: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: City: City: Cell: Cell: State: ZIP: State: ZIP: r Q 09/2022 Pa Packet Pg. 127 AzXW COL er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 3.B.h I PROPERTY INFORMATION I Property ID Number: Subdivision: Address/General Location of Subject Property: Current Zoning and Land Use of Subject Property: Section/Township/Range: / / Unit: Lot: Block: 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 b) Does Canopy extend beyond width of boat lift? ❑ Yes ❑No If yes, how many inches? c) The length of the boat lift Canopy shall not exceed 35 feet. Length: ft. d) The height of the boat lift Canopy shall not exceed 12 feet, measured from the highest point of the Canopy to the height of the dock walkway. Total Height: ft. e) The sides of the Canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18' shall be permitted on the sides. Length of Drop Curtain: inches. f) Boat lift Canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. g) Canopy cover material shall be limited to beige, or mid -range shades of blue or green. Canopy Color: h) No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. Lots with frontage on canals shall be permitted a maximum of 1 boat lift Canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift Canopies per site. If an applicant wishes to construct a boat lift Canopy that does not meet the standards of LDC subsection 5.03.06 G.1, then a petition for a boat lift Canopy deviation may be made to the Hearing Examiner which shall review a sufficient petition application and either approve or deny the request. SUBMITTAL REQUIREMENT CHECKLIST See Chapter 3 B. of the Administrative Code for submittal requirements. REQUIREMENTS FOR REVIEW: REQUIRED NOT REQUIRED Completed Application (download current form from County website) ❑✓ Completed Addressing Checklist ❑✓ Property Ownership Disclosure Form ✓❑ Signed and sealed survey, showing any existing dock facility 0' ❑ Scale drawing of the proposed Canopy. (Please refer to page 4) ❑ Sample of the fabric for color review. ❑' ❑ 09/2022 Pa Packet Pg. 128 CoffeY County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov FEE REQUIREMENTS Wl Pre -Application fee: $500.00 Wl Boat Lift Canopy Administrative Review fee: $500.00 Wl Fire Planning Review Fee: $100.00 Additional fees, If requesting a deviation: Estimated Legal Advertising fee: $1,125.00 If applicable, an additional fee for Property Owner Notifications will be be billed to the applicant afterhearing date. (Variable) (6 �*Irequesting a deviation, listing all registered homeowner and civic associations affected below is required.* ASSOCIATIONS Complete the following for 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. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Mailing Address: City: Name of Homeowner / Civic Association - Mailing Address: City: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: 09/2022 City: City: City: State: ZIP: State: ZIP: State: ZIP: E �a a State: ZIP: State: ZIP: Pa Packet Pg. 129 COT L7eY COunty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 c 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 GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Applicant Signature Printed Name Date 09/2022 Pa Packet Pg. 130 3.B.h Address: Total Length: (Maximum 35') Total Heig (Max CANOPY DETAIL This drawing must be completed and submitted as an attachment to the Administrative Boat Lift Canopy Application ano22 Canopy extends beyond boat lift (Maximum 27") Top view Length of drop curtain: im 18') anopy Packet Pg. 131 3.B.h Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20230010282 — Boatlift Canopy Deviation-219 Malibu CV Planner -John Kelly PRE-APP INFO Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Jeff Rogers, Turrell Hall & Associates Inc. ieff@thanaples.com 239-643-0166 • Agent to list for PL# Jeff Rogers - Turrell, Hall & Associates, Inc • Owner of property (all owners for all parcels) Ellen & Michael Fasching • Confirm Purpose of Pre-App: (Rezone, etc.) Boat Lift Canopy & Boat Lift Canopy Deviation Application • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): N/A • Details about Project: 219 Malibu Cove: Existing two boat lift dock previously approved under BD- PL20210000039 & VA-PL20210000098. Applicant would like to ask for a deviation from the allowed typical boat lift canopy maximum length dimension from 35-feet to request a 49-foot canopy cover over this entire boat. REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 9 4)'A Location: K:\CDES Planning Services\Current\Zoning Staff Information r a Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • wuvw.colliergov.net Packet Pg. 132 (GulyOsed n3 nq!IeW W CIO-19 Z8M00£ZOZ-1d : 0-PL8Z) 06e)10ed dnpe8 - E);uewL13e};y :;uowt43e t m M Q ry 0 J LL LL 0 LW r Q a _ IL _ i III m& U Q � _Uj) H 0 a� U) W W Y U r Z 0 U W J 0 U N w v Z W Lj U) bi O H (� LL U CD H Z Z Z) J JO CC o m LU a O lo�O M OLL LL LL W W �o w LLI Z 0 F O W' z z UZ) �o ��Q aZ pwCmZ pW ADO �a d rn m W Q �A pia zv 7 N P:20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg LOCATION MAP 6I6I2023 (6UILIOSU no nq!IBW W (33-18 Z8ZOWO£ZOZ-1d : OK8Z) e6e13ed dnj3e8 - J juaw14Oe44d :;uawL13L'U r � M A Op 0 I z O > zLU �' sip W g y W N C.) w UJ cn W 0 co A m LL �av5 W z N CL Z 0 m If a 0 z O m H w a O w a O z w G Q z Fen i a j1I P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg EXISTING AERIAL 6/6/2023 I a a co oo �� 6 0 �z wmo.= o 3 a z w U w 4a p x O O U rp coLU W 0 UJ Q z � D a w E2_ m Q a z 0 ' _ Z Q w \'' N \ bA N M HH M M O \ � O w w o v 00 v7 � M � U U e; >r W t m M (6ulyDse=1 n3 nq!IBW W (33-18 ZOMOO£ZOZ-1d : OKSZ) a6eIOed dnj3e8 - J juaWyOBIIV :;uauay3L'IIV A.. w� W � m U AmLL �a`5 W z N 9 m � L NO/Sn6 O,, O�� . �j -OL LL 0 I� (L CV 1 1. _ 60 Y U 0— 0:. } wHva c—XO a�T-Q V O W Ja. co } Q' doom W a O w IL P.\20127.00 Faschinq-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-1 O 20 Z O= a a wQ f w °6 z wz Z O O�w< NO Q N N Z Z N if.. 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Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 1997 COUNTY 9710-1154 03/31/98 POOL 1998 COUNTY 9706-89 03/31/98 1998 COUNTY 9803-1300 03/31/98 SCREEN ENCLOSURE 2000 COUNTY 9910-0265 DOCK OTHER FENCE 09/23/21 I RESIDENCE, DEMOLITION 2012 COUNTY PRBD20110701570 08/25/17 2022 COUNTY PRBD20210734358 08/17/21 2022 COUNTY PRBD20210734359 09/27/21 Land Building/Extra Features # Calc Code Units # I Year Built Description Area Adj Area 10 SQUARE FOOT 33430 Packet Pg. 142 3.B.h Collier County Property Appraiser Property Aerial Parcel No 74435002201 Site Address 219 MALIBU Site City BONITA *Disclaimer CV SPRINGS Open GIS in a New Window with More Features. 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October 28, 2021 PETITION. PETITION NO. BDE-PL20210000039 - Request for a 43-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 63 feet into a waterway that is 325f feet wide, to accommodate a new docking facility with two boat lifts, one for a 43-foot vessel and the other to be decked over to be used for kayak and paddleboard access, for property located at 219 Malibu Cove and further described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. To replace an existing dock with a new dock facility with two boat lifts, one for a 43-foot vessel and the other to be decked over to be used for kayak and paddleboard access. The proposed dock facility will protrude 63 feet from the Mean High -Water Line (MHWL) which also serves as the platted property line. As proposed, the new dock facility will also encroach 10 feet into the required 15-foott side/riparian setback which is the subject of a companion variance request. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. Page 1 of 7 Packet Pg. 145 3.B.h 5. There is a companion Petition No. VA-PL20210000098 for dock side/riparian setback reduction. 6. The County representative introduced the Petition and staff recommendations, followed by Petitioner and/or Petitioner's representative, and then public comment. No objections were made at the hearing. 7. The County's Land Development Code Section 5.03.06.H. lists the criteria for dock facility extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock extension request if it is determined that at least four (4) of the five (5) primary criteria, and at least four (4) of the six (6) secondary criteria have been met.' Primary Criteria: 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.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The subject property is improved with a single-family residence, allowing for up to two boat slips, and is on an irregularly shaped lot with 113± feet of water frontage within a residential component of a planned unit development (PUD). The petitioner desires to remove the existing single -slip dock thereby allowing for its replacement with a two -slip dock facility; one slip for a 43 foot vessel and the other to be decked over for kayak and paddle board access. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEENMET. The applicant states that this boat dock extension (BDE) request is based on the existing shoreline conditions which consist of a shallow natural mangrove shoreline. The mangrove shoreline is also a Conservation Easement that any proposed docking facility is required to extend out beyond to ensure the shoreline remains in its natural state. Limited lateral branches will be trimmed to install the dock access but is within the footprint of the existing walkway. The proposed vessel is relatively large and is the driving factor in this BDE request but due to the natural mangrove shoreline and shallow depths 'The Hearing Examiner's findings are italicized. Page 2 of 7 Packet Pg. 146 3.B.h along the mangrove fringe requires the dockfootprint be pushed further out into the subject waterway. As designed the dock is consistent with all the other docks previously approved within the Little Hickory Bay. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The applicant states the proposed dock facility is at the terminus end of the bay with little to no navigation within other than for neighboring properties. Additionally, the overall protrusion has been reduced to the extent possible for the vessel to reach adequate water depths to avoid dredging and impacts to the natural mangrove shoreline. Water depth is not a factor pertaining to this criterion. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The applicable waterway is 325± feet wide as measures from MHWL to MHWL, the requested protrusion is 63 feet; therefore, the proposed dock facility will occupy 19.38 percent of the width of said waterway. Given that the subject dock facility is located within a basin it is difficult to say just how much room for navigability exists; however, given that natural portions of the bay are far more restrictive the intent of this challenge is satisfied. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. As depicted upon the Proposed Dock Plan, the proposed dock facility provides adequate setbacks from both neighboring dock facilities; therefore, it will not interfere with the use of said docks. The natural mangrove shoreline provides for a visual buffer of the waterway and serves to ameliorate any views that might otherwise be impacted. Secondary Criteria: Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Page 3 of 7 Packet Pg. 147 3.B.h The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The applicant states the following: "The subject property has two special conditions that are contributing to this BDE request other than the owner's vessel and shallow water depths. The first condition is the natural mangrove shoreline that cannot be impacted or removed due to it being recorded as a Conservation Easement which requires us to design the dock on the waterward side of the mangrove fringe. The second condition is the subject property's shape of shoreline that will only allow the proposed dock to be placed just about in the same location of the existing docking facility due to the adjacent existing and proposed docks. Rotating the direction of the proposed dock would create potential ingress/egress issues with the adjacent neighboring dock to the west. " With exception to water depth, sufficient justification has been provided; water depth is not a factor of this criterion. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. Most of the proposed dock facility is comprised of a U-shaped dock with 4- foot finger docks on either side of the primary lift. The second lift, to be decked over for kayak and paddleboard access has no finger pier on the outer portion but has a 10 foot area to the front. It is staffs opinion there is minimal extra decking and that the finger docks are of the minimum width needed for safe operations. 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.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The subject property has 113± feet of water frontage and the primary vessel to be docked is 43 feet which is 38.05 percent of the waterfront. Kayaks and paddleboards are non -motorized and should not be included as part of this calculation. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The proposed dock has been designed within the designated riparian lines and is consistent with the existing docks along the subject shoreline. Additionally, the natural mangrove shoreline serves as a visual buffer of the waterway. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Page 4 of 7 Packet Pg. 148 3.B.h The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The submerged resources survey provided indicates that no seagrass beds exist within 200 feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) The record evidence and testimony from the public hearing reflects that the criterion is NOT APPLICABLE. The provisions of the Collier County Manatee Protection Plan do not apply to individual docks behind individual residences. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.1-1 of the Land Development Code to approve the Petition. The Petition meets 5 out of 5 of the primary criteria and 5 out of 6 secondary criteria (one secondary is not applicable in this case). DECISION. The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210000039, filed Jeff Rogers of Turrell, Hall & Associates, Inc., representing Michael and Ellen Fasching, with respect to the property described as 219 Malibu Cove, located at the southwest corner of San Mateo Drive and Malibu Cove. Said property is identified as Lot 19, Southport on the Bay Unit One, in Section 6, Township 48 South, Range 25 East. Collier County, Florida, for the following: • A 43-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 63 feet into a waterway that is 325± feet wide, for the benefit of the subject property. Said changes are fully described in the Dock Plans and Boundary and Topographic Survey attached as Exhibit "A" and the Restoration Plan attached as Exhibit `B" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Dock Plans and Boundary and Topographic Survey Exhibit B — Restoration Plan Page 5 of 7 Packet Pg. 149 3.B.h LEGAL DESCRIPTION. 678 Palm Court, further described as Lot 27, Block F, Goodland Isles Second Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. A Special Treatment Permit (ST) must be obtained prior to obtaining a building permit for the proposed docking facility. 2. Companion Petition No. VA-PL20210000098 must be approved for the subject dock facility to be constructed within the setbacks provided herein; absent such approval, this BDE is rendered null and void. 3. The restoration plantings described within the attached Restoration Plan must be installed and inspected prior to the issuance of a Certificate of Completion for the subject boat dock facility. 4. A Building Permit must be issued for a principal structure on the subject property prior to issuance of a Building Permit for an accessory structure; to Wit: The Proposed Dock Facility. 4. A Certificate of Occupancy must be issued for a principal structure at this location prior to the issuance of an accessory structure; to Wit: the Proposed Dock Facility. DISCLAIMER Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 6 of 7 Packet Pg. 150 3.B.h 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. 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INTRODUCTION Collier County Environmental staff are currently reviewing an application for a single-family residential docking facility located at 219 Malibu Cove. The County's review determined that the existing Conservation Easement (CE) area along the property shoreline will require some restoration plantings due to open areas that have historically been impacted with fill and/or cleared allowing sod to grow. This work within the easement area was not authorized therefore Collier County staff is requiring that the CE area be restored to its natural condition by removing any fill placed within and planting the area with native trees, shrubs, and groundcover. The property is identified on the property appraiser's website as 74435002201, which is approximately 0.59-acre lot situated within Section 06, Township 48 South, and Range 25 East, Collier County, Florida. This document outlines the restoration plan for the onsite Conservation Easement area. II. EXISTING CONDITIONS: HABITAT & SOIL DESCRIPTIONS The subject site consists of 0.59 acre dedicated to a single-family residential dwelling with a conservation easement area along the entire shoreline. The conservation easement area was historically impacted by minor clearing of vegetation and the placement of fill material outside the authorized area. The conservation easement area will have to be restored as required by Collier County Environmental Staff. Existing soil is fill which was placed on the property at the beginning of the residential construction. Any additional fill will be removed from the easement area as part of this restoration plan. III. PROPOSED PLANTINGS / RESTORATION The owner is being required to restore the conservation easement area by removing any fill that was placed there to create a consistent slope, from the remaining upland area to the existing natural shoreline elevation and planting native vegetation. This will allow for a very gradual slope and once the fill is removed the proposed plantings outlined below will be installed throughout the area. EXHIB ' &Wk Pg• 163 3.B.h The proposed plantings shall include a minimum of 12 midstory trees on 8' centers consisting of just buttonwood trees due to the location of the plantings vs the location of the MHWL. The groundcover will consist of 30 plants on 3' centers in and around the proposed buttonwoods including sea oxeye and bay cedar. All species listed should be utilized in even amounts if possible, but exact species numbers could be based on supply availability. Planting specifics are outlined below. Midstory plants: Number of Trees = 12 Buttonwood (Conocarpits erectzts) 12 All midstory plantings will be installed on 20ft. centers with a minimum 3-5 gallon pot containers. Groundcover plants: Number of Plants = 30 Sea Oxeye (Borrichia frzttescens) 15 Bay Cedar (Suriana maritima) 15 All groundcover plantings will be installed on 3ft. centers with a minimum 1 gallon pot containers. Irrigation maybe required for the top half of the easement area due to the distance from the ground water table to help ensure the plantings survival. For the lower half of the easement no irrigation is proposed due to the final elevations of this portion of the conservation easement being closer to the tidal water table which should help keep the plantings hydrated naturally. IV. CREDENTIALS Jeff Rogers Project Manager for Turrell, Hall & Associates since 2005 B.S. Degree in Environmental Science, Rollins College Sustainable Development Course -Galapagos Islands, Equador Completed Southwest Florida Association of Environmental Professionals Wetland Delineation Training Course-2006 Florida Department of Environmental Protection Environmental Resource Permit Course-2006 Completed a FAEP Plant ID Class with Dr. Hall from the University of Florida- 2006 Primary career focus: Permit Compliance Mitigation and Monitoring Packet Pg. 1 47 3.B.h HEX NO. 2021-57 HEARING EXAMINER DECISION DATE OF HEARING. October 28, 2021 PETITION - PETITION NO. VA-PL20210000098 - Request for a variance from Section 5.03.06.E.5 of the Land Development Code to reduce the required side yard/riparian setback for dock facilities on lots with water frontage of 60 feet or greater from 15 feet to 5 feet for a lot with 113E feet of water frontage located within the residential component of the Lely Barefoot Beach Planned Unit Development, Ordinance No. 77-48, as amended, at 219 Malibu Cove and further described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida GENERAL PURPOSE FOR THE PETITION. The petitioner requests to replace an existing dock with a new dock facility that has been designed to accommodate a larger 43-foot vessel. As proposed, the new dock facility will encroach 10 feet into the otherwise required 15- foot side/riparian setback on the east side. Dock protrusion is the subject of a companion Boat Dock Extension petition, BDE-PL20210000039. STAFF RECOMMENDATION. Approval with conditions. FINDINGS — The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. Page 1 of 5 Packet Pg. 165 3.B.h 5. This Petition is a companion to Petition No. BDE-PL20210000039, to allow the proposed boat dock facility to protrude a total of 63 feet into a waterway that is 325± feet wide. 6. The County representative introduced the Petition and staff recommendations, followed by Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections to the Petition at the public hearing. 7. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny or modify any request for a variance from the regulations or restrictions of the Collier County Land Development Code.1 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The record evidence and testimony from the public hearing reflects that the shape of the shoreline and existence of a Conservation Easement limit dock design options as does the existence of neighboring dock facilities. The petitioner has designed the proposed facility with all the aforementioned circumstances considered, including the desire not to impede the use of neighboring dock facilities. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? The record evidence and testimony from the public hearing reflects that the property's natural shoreline, shape of the shoreline, and Conservation Easement necessitated the additional protrusion (Subject of companion BDE) due to the pie -shaped riparian lines. The proposed dock has been designed to compensate for the above and to accommodate the desired vessel size of 43 feet. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The record evidence and testimony from the public hearing reflects that a literal interpretation of the Code would compel a smaller dock, thereby creating practical difficulties for the applicant with respect to the docking of a 43 foot vessel. 4. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, and welfare? The record evidence and testimony from the public hearing reflects that with exception to the decked over lift, there is no excess decking. As for the decked over lift, the applicant 'The Hearing Examiner's findings are italicized. Page 2 of 5 Packet Pg. 166 3.B.h has explained that it is to be a platform for kayaks and paddleboards, said lift is not the offending portion of the proposed dock with respect to the side/riparian Variance request. S. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The record evidence and testimony from the public hearing reflects that a variance bestows some dimensional relieffrom the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the variance process for any dimensional development standard. However, other properties facing a similar situation are entitled to make a similar request and would be conferred equal consideration on a case -by -case basis. 6. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The record evidence and testimony from the public hearing reflects that the granting of the subject variance request will be in harmony with the general intent and purpose of the LDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 7. 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 record evidence and testimony from the public hearing reflects that the subject docking facility is uniquely situated and compensates for existing dock facilities as well as an existing Conservation Easement. 8. Will granting the Variance be consistent with the GMP? The record evidence and testimony from the public hearing reflects that his Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20210000098, filed by Jeff Rogers of Turrell, Hall & Associates, Inc., representing Michael and Ellen Fasching, with respect Page 3 of 5 Packet Pg. 167 3.B.h to the property described as 219 Malibu Cove, located at the southwest corner of San Mateo Drive and Malibu Cove. Said property is identified as Lot 19, Southport on the Bay Unit One, in Section 6, Township 48 South, Range 25 East. Collier County, Florida, for the following: A variance from Section 5.03.06.E.5 of the Collier County Land Development Code, to reduce the required side/riparian setback for dock facilities on lots with water frontage of 60 feet or greater from 15 feet to 5 feet for a lot with 113± feet of water frontage, for the benefit of the subject property. Said changes are fully described in Proposed Dock Plans attached as Exhibit "A" are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Proposed Dock Plans LEGAL DESCRIPTION. 219 Malibu Cove, located at the southwest corner of San Mateo Drive and Malibu Cove. Said property is identified as Lot 19, Southport on the Bay Unit One, in Section 6, Township 48 South, Range 25 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. Page 4 of 5 Packet Pg. 168 3.B.h 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. November 24, 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 Packet Pg. 169 3.B.h EXHIBIT "A" Packet Pg. 170 3.B.h PROPERTY BOUNDARY SITE ADDRESS: 219 MAILBU COVE BONITA SPRINGS, FL 34134 CONSERVATION EASEMENT N 4 J 0 ro 20 40 SCACE 9N= MHWL / 1, �• PROPOSED \ DOCK \ \ 0% RIPARIAN LINE / 28' / RIPARIAN LINE NOTES:/ THESEEDF PURPOSES ONLYAND ARE NOT RGSAREFORPERMITTING INTENDED FOR CONSTRUCTION USE. / ALL WATER DEPTHS AND DREDGE ELEVATIONS PRE REFERENCED TO MLW SURVEY COURTESY OF 'MARCO ISLAND SURVEYINOB MAPPING" SU / •• SURVEY DATED 18-30.x0 ANT EDSHORRUCTURE(NE %LF) 113 GOVER 40 E%ISTING OVERWATER STRUCTURE (P(APPX) 858 EPSTI WATERWAY, MM/J TO MHW IPPP%)- ]36- D L DATUM TIDAL DAL DANM / MHW (NAVDI• ..Sr MLW (NAVDIIER / LITTLE HICKORY BAY CTUR TOOTTAALL OVER.ATTEERs RUCSTRUCTURE URE nrPSF) G� eu / TOTAL PROTRUSION FROM MHWL. e]' )-��3584ExchangeAve. Terrell, Hall &Associates, Inc. 2 'I 9 M A L I B U COVE DESIGNED JR -Sy R;' Marine &Environmental Consulting ,Da„D ,a-m Naples, FL34104-3732 PROPOSED DOCK , 5 Fanail:moa@thanaplcs.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-06TOWNSHIP-46S RANGE-25E EXHIBIT "A" Packet Pg. 171 3.B.h N SITE ADDRESS: 219 MAILBU COVE <X�E BONITA SPRINGS. FL 34134 s/ f 1 �' SC77LE 9N'Ff£'( PROPERTY BOUNDARY I v s LITTLE HICKORY BAY MALIBU COVE PURPOSES ONLY AND ARE NOT ALL WATER DEPTHS AND DREDGE ELEVATIONS PRE REFERENCED TO MEW • SURVEY COURTESY OF 'MARCO ISLAND SURNEYINO A MAPNNO- SURVEYOATED. 10.2040 .••APPLICPNT OWNED SHOREUNE(APPX LF) 113' EXISTING OVERWATER STRUCTURE (APPX SF). 458 WIDTH OF WATERWAY. MHY TO MM(APPX) 22S TIDAL DATUM. •• M-(NAND)• •0.01' •• ML.('=D)l 4' S PROPOSED OVERWATER STRUCTURE (APPX SF) 82t TOTAL OVERWATER STRUCTURE (APPX SF) Btt TOTAL PROTRUSION FROM MHW'L W' Terrell, Hall &Associates, Inc. 0--E° E Marine & Environmental Consulting 2 —1 9 M A L I B U C O V E CRiTEO" �y,,.2, lHEND. 30, F00 1)3564 Exchange Ave. Naples, FL 34104-3732 OVERALL SITE SHEET NO m of m : Email:wa@mgles.com Phone: (23 9) 643-0166 Fax:(239)643-6632 SECTION-06 TOWNSHIP-46S RANGE-25E Packet Pg. 172 3.B.h NAPLESI 0 STA—rE OF FLORIDA GI'LF OF MEXICO 0�1 I AI TAMPA L 111, SFT.MYEAPL S 211 NUDES KEY WEST "'elc4 COLLIER COUNTY SITE ADDRESS: <> 219 MAILBU COVE <> LATITUDE: N 21 BONITA SPRINGS, FL 34134 <>LONGITUDE: W-E NOTES: <> THESE DRAWINGS ARE FOR PERMITTING PURPOSES C AND ARE NOT INTENDED FOR CONSTRUCTION USE. M VICINITY MAP COUNTY AERIAL Terrell, Hall &Associates, Inc. 2 'I J M A L I B U COVE ° LTE°' pz,,,, ; Marine &Environmental Consulting 0B ,o , 1)-'�1�35M Exchange Ave. Naples, FL 34104 3732 LOCATION MAP "EET "° Email:ttma@thanaples.com Phm: (239) 643-0166 Fu: (239) 643-6632 SECTION'06' TOWNSHIP-48S RANGE-25E Packet Pg. 173 3.B.h 5.03.06 Dock Facilities A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private docks. 2. Mooring pilings. 3. Davits or lifts. 4. Boathouses. 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. Measurement is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip -rap line, control elevation contour, or mean high water line (MHWL). On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. Determination as principal or accessory use. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures. Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. Standards for dock facilities. The following criteria apply to dock facilities and boathouses, with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. (Supp. No. 26) Created: 2022-08-25 18:42:54 [EST] Page 1 of 5 Packet Pg. 174 3.B.h 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All dock facilities, except boathouses, on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. 7. All dock facilities, except boathouses, on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots. 9. Riparian lines for all other lots shall be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 10. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than 4 inches in height, installed at the outermost end on both sides. For multi -family developments, the house number requirement is waived. 11. Multi -slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. C. Information on the type and destination of boat traffic that will be generated from the facility. d. Monitoring and maintenance of water quality to comply with state standards. e. Marking of navigational channels, as may be required. (Supp. No. 26) Created: 2022-08-25 18:42:54 [EST] Page 2 of 5 Packet Pg. 175 3.B.h F. Standards for boathouses. Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses or covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dockstructure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. G. Standards forboat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. C. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift 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 boatlift 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 boatlift canopies per site. 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy deviation may be made to the Planning Commission which shall review a sufficient petition application and either approve or deny the request Dock facilityextension. Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E. may be considered appropriate under certain circumstances. In order for the Planning Commission to approve the boat dock extension request, it must be determined that (Supp. No. 26) Created: 2022-08-25 18:42:54 [EST] Page 3 of 5 Packet Pg. 176 3.B.h at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: 1. Primary Criteria: a. 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 2 slips; typical multi -family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate). b. 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 (MILT). (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). C. 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). d. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). e. 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). 2. Secondary criteria: a. 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 1 special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds). b. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or 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). C. 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). d. Whether 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 a neighboring property owner). e. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated). f. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). (Supp. No. 26) Created: 2022-08-25 18:42:54 [EST] Page 4 of 5 Packet Pg. 177 3.B.h g. If deemed necessary based upon review of the above criteria, the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four (4) inches. Procedures for approval of docks, dock facilities, and boathouses. 1. The Administrative Code shall establish the procedures and submittal requirements for the issuance of permits for docks, dock facilities, and boathouses. Notice procedures are provided in LDC section 10.03.06. 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in LDC subsection 5.03.06 H. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 2.2 feet NAVD. b. The terminal platform area of the dock shall not exceed 160 square feet. C. The accessdock shall not exceed a width of 4 feet. d. The accessdock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. (Ord. No. 06-63, § 3.CC; Ord. No. 13-56, § 3.N; Ord. No. 16-27, § 3.0; Ord. No. 20-16 , § 3.F) (Supp. No. 26) Created: 2022-08-25 18:42:54 [EST] Page 5 of 5 Packet Pg. 178 3.B.h Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi -Judicial Procedures with a Public Hearing B. Boat Dock - Including Boathouse Establishment, Dock Facility Extension, and Boat Lift Canopy Reference LDC sections 5.03.06, 8.10.00, and LDC Public Notice subsection 10.03.06 H. Applicability There are four types of permits for a boat dock facility and related structures: 1. Dock Facility Extension 2. Dock Facility with a Boathouse 3. Boat Lift Canopy 4. Boat Lift Canopy Deviations Pre -Application A pre -application meeting is required. Initiation The applicant files one of the following applications with the Planning & Zoning Division Application Contents for Boat Dock Establishment with a Boathouse and/or a Dock Facility Extension 1. "Dock Facility Extension or Boathouse Establishment Petition Application and Submittal Instructions," or 2. "Boat Lift Canopy Application" for a Boat Lift Canopy or a Boat Lift Canopy Deviation, or 3. Non-residential dock facility requests must submit the "Dock Facility Extension or Boathouse Establishment Petition Application and Submittal Instructions" and comply with LDC section 5.03.06, as part of the Site Development Plan application. The application must include the following: 1. Applicant contact information. 2. Property information, including: • Property identification number; • Section, township, and range; • Subdivision, unit, lot and block; and • Address of subject site. 3. Zoning information, including: • Current zoning and land use of subject property; and • Adjacent zoning and land use. 4. Site information, including: • Waterway width and where the measurement came from; • Total property water frontage; • Measurement of provided and required setbacks; • Total protrusion of proposed facility into water; • Number and length of vessels to use facility; and r a W. Packet Pg. 179 3.B.h Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi -Judicial Procedures with a Public Hearing • Additional dock facilities in close proximity of subject property and the total protrusion of each into the waterway. S. Narrative description of the project. 6. Signed and sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths (no less than 5 foot increments). 7. Pursuant to LDC subsection 5.03.06 I, a submerged resources survey, as applicable. 8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. 9. Site Plan illustrating the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of the navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. 10. Narrative response to listed criteria/questions. 11. Signed and notarized affidavit by property owner or agent. 12. Addressing checklist. 13. Electronic copy of all documents. 14. Copies for the Hearing Examiner as identified on the Submittal Checklist. Application The Boat Lift Canopy and the Boat Lift Canopy Deviation application must include the Contents for a Boat following: Lift Canopy or a 1. Applicant contact information. Boat Lift Canopy 2. Property information, including: Deviation • Property identification number; • Section, township, and range; • Subdivision, unit, lot and block; and • Address of subject site. 3. Current zoning and land use of subject property. 4. Survey, signed and sealed showing any existing dock facility. 5. Scale drawing of the proposed canopy showing all dimensions. a 291Page Packet Pg. 180 3.B.h Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi -Judicial Procedures with a Public Hearing 6. Sample of the fabric for color review. 7. Addressing checklist. Completeness and The Planning & Zoning Division will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice for Boat Notification requirements are as follows. G* See Chapter 8 of the Administrative Code for Dock Establishment additional notice information. with a Boathouse, Boat Dock 1. Mailed Notice: Written notice shall be sent to property owners in the notification Extensions, and area at least 15 days before the advertised Hearing Examiner hearing. The County Boat Lift Canopy will mail the letters at the applicant's expense. The advertisement shall include at a Deviations minimum: • Date, time, and location of the Hearing Examiner hearing; • Petition number; • Extension and total protrusion of the facility; and • Date by which written comments must be filed with the Planning & Zoning Division. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation for the following petitions: Boat Dock Establishment with a Boathouse, Boat Dock Extension, or Boat Lift Canopy Deviation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Petition number; • Address of the facility; • Extension and total protrusion of the facility; • 2 in. x 3 in. map of the project location; and • Date by which written comments must be filed with the Planning & Zoning Division. 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. 301Page Packet Pg. 181 3.B.h Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi -Judicial Procedures with a Public Hearing BDE-PL20120000000: [Name] Boat Dock Extension - Applicant is requesting a [number]- foot boat dock extension over the maximum 20 feet limit in Section 5.03.05of the Collier County Land Development Code for a total protrusion of [number] feet for Lot [number], Block [letter] of the [location]. DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 ❑R AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing for the following. C* See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. • Dock Facility with a Boathouse; • Dock Facility Extension; and • Boat Lift Canopy Deviation. 2. No hearing is required for a Boat Lift Canopy application. 3. For non-residential dock facilities, compliance is determined as part of the site development plan application. A public hearing is not required. Decision Maker 1. The Hearing Examiner may approve: • Dock Facility with a Boathouse • Dock Facility Extensions • Boat Lift Canopy Deviations 2. The County Manager or designee may approve: • Boat Lift Canopies • Non-residential Boat Dock Facilities Review Process 1. The Planning & Zoning Division will review the application, identify whether additional materials are needed and prepare a Staff Report to present to the Office of the Hearing Examiner for a decision for the following petitions: • Dock Facility with a Boathouse; • Dock Facility Extensions; and • Boat Lift Canopy Deviations. r a 31 Packet Pg. 182 3.B.h Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi -Judicial Procedures with a Public Hearing Updated 2. The Planning & Zoning Division will review the application, identify whether additional materials are needed, and prepare a letter of determinations utilizing the criteria identified in LDC section 5.03.06 for the following: • Boat Lift Canopy; and Non-residential Dock Facility, as part of the site development plan application. 321Page Packet Pg. 183 3.B.h colfler county Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 74435002201 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] SOUTHPORT ON THE BAY UNIT ONE LOT 19 STREET ADDRESS(ES) where applicable, if already assigned. 219 Malibu Cove Bonita Springs, FL 34134 PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 184 ao-l9 ZBZO LOOEZOZ-ld : of LBZ) eftmwd dnM3eg - J juewg3iajjV :juewg3ejjV Tl l l P, al c A 4 0. ._ m fq I�AY m .+ c , n O s CL W . E al E 0 U d diUl IO lY p d i= �Q7 U L S Gl -F; !il 0 W a m ca a CO�ler County F3.B.h771 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 'ROPFRTY n%AiKirR-,miD nlSCLOc-1 iRF FnRM/1 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 Ellen Fasching 50 Michael Fasching 50 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership 01/2023 Pa Packet Pg. 186 CO�ler County F3.B.h771 0 e f f* Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the �I I IL.CI J, JLUL.RI IUIUCI J, UCI ICI lual ICJ, UI i.Jdl LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: 01/2023 Pa Packet Pg. 187 Coder County F3.B.h771 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: _, or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. 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. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov �� 41elc_ 7/25/2023 Agent/Owne Signature Date Jeff Rogers Agent/Owner Name (please print) 01/2023 Pa Ic Packet Pg. 188 3.B.h AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20230010282 I, Ellen Fasching (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant contract purchaser and that.- 1 - I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Jeff Rogers - Turrell, Hall & Associates, Inc. to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then if is usually executed by the Corp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words `as trustee': • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. &,Z4' Signature � Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was ackn o leged before me by means of hysical presence or El online notarization this day of y�' 20�, by (printed name of owner or qualifier) I etn I Such person(s) Notary Public must check applicable box: ❑ Are personally known to me f as produced a current drivers license .71+ki ❑ Has produced as identification. Notary Signature: CP108-COA-001151155 REV 3/4/2020 WASHINGTON GADENA 4 � p&o Notary Public, State of Florida z Commission# HH 272910 My Comm, expires June 7, 2026 Packet Pg. 189 3.B.h AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20230010282 Michaer Fasching (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaserFland that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. FJ. Well authorize Jeff Rogers -Turrell, Hall & Associates, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the core, pres. or v. pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. " • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee ", • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penaltiof perju�, I declare that I have read the foregoing Affidavit of Authorization and that kie factFpsrtatgcNn it are t ue. Si t e Date 7STATE OF FL A 1 7 COUNTY OF COLLIER The foregoing instrument was acknowleged before me eans of hysical presence or ❑online notarization this day of eev g 20 73, by (printed name of owner or qualifier) i C h Such person(s) Notary Public must check applicable box: 13 Are personally known to me as produced a current drivers license ' �+%� � Y A-� �l u.Q- L: (�lrjf� © Has produced as identification. Notary Signature: CP108-COA-001151155 REV 3/4/2020 �11r pWASHINGI ON CAGENA Notary Public, State of Florida " Commission# HH 272910 My comm. expires June 7, 2026 Packet Pg. 190 3.B.h Narrative Description: The proposed project consists of requesting a Boatlift Canopy and a Boatlift Canopy Deviation to construct onto a new single-family docking facility recently constructed which was approved by HEX Resolutions - PL20210000039 and VA-PL20210000098 and has since been constructed per building permit PRBD20220101094. Additionally, an as -built survey has been completed of the newly constructed docking facility, but no CO issued as the electric hook up is still pending due to the upland house construction. The subject dock was constructed and approved with two boatlifts,1 being for a 43-foot vessel and the other being a decked over for 2 PWC's, located at 219 Malibu Cove. The subject waterway is considered Little Hickory Bay just south of Bonita Beach Road and north of Wiggins Pass. The subject property shoreline consists of mangroves with the 20-foot conservation easement as shown on the attached survey and associated canopy exhibits. The project is allowed to propose two boatlift canopies as the subject waterway is considered a bay as outlined within LDC Section 5.03.06 G. As proposed the project is proposing two separate boatlift canopies, one of which will meet the design standards as outlined within LDC Section 5.03.06 G1. The one canopy that meets the standards is the one labeled Canopy 2 for the decked over boatlift with two PWC's, as that canopy dimensions are 11-feet long by 13-feet wide with the overall height being right at 12-feet above the existing decking. The second proposed canopy is for the large boatlift which accommodates the 43-foot vessel. The applicant would like to request a deviation from LDC 5.03.06 G1 by requesting a deviation as outlined in LDC 5.03.06 G.3. The reason for this request is due to the overall length being 49-feet which is 14-feet greater than the allowed 35-feet as well as the overall height being 15-feet above the decking which is 3-feet higher than the allowed 12- feet. The overall dimensions proposed for this canopy are 49-feet long by 17-feet wide,15-foot height above the decking but will not exceed the overall boatlift width more than 6-inches on each side. Based on the above overview the project is proposing 2 boatlift canopies, Canopy 2 which meets the design criteria outlined in LDC 5.03.06 G1 and Canopy 1 which is the one we are requesting the deviations for due to the proposed overall length and height. 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The subject property is located at 5795 Airport Road North, within the Promenade at Naples Centre Development, and also described as Lot 4, Pine Air Lakes Unit Five, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 Meeting Date: 03/14/2024 Prepared by: Title: Planner — Zoning Name: John Kelly 02/22/2024 2:43 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/22/2024 2:43 PM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Completed 02/26/2024 11:27 AM Hearing Examiner (GMD Approvers) David Merino Review Item Completed 03/01/2024 2:57 PM Zoning James Sabo Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Growth Management Community Development Department David Merino Hearing Examiner Andrew Dickman Meeting Pending Skipped 02/26/2024 3:05 PM Completed 03/01/2024 8:54 AM Completed 03/04/2024 1:04 PM GMD Approver 03/01/2024 2:57 PM 11197AE WIN IW[1I1L'1bI Skipped Packet Pg. 200 3.C.a %, 0r..- Co�L�ie-� County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION -ZONING SERVICES SECTION HEARING: MARCH 14, 2024 SUBJECT: PETITION SV-PL20230014898, MISSION BBQ-5795 AIRPORT ROAD NORTH PROPERTY OWNER/APPLICANT: AGENT: Owner: GLL Selection II Florida LP 420 S Orange Ave, Suite 190 Orlando, FL 32801 Applicant: Apple Signs, Inc. 404 Serendipity Dr. Millersville, MD 21108 REQUESTED ACTION: Agent: Zachary W. Lombardo Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N, Suite 200 Naples, FL 34103 The petitioner requests a Sign Variance from Land Development Code Sections 5.06.04.F.2.a. and 5.06.04.F.4. to allow a third wall sign, not to exceed 60 square feet, for a single -occupancy out - parcel with double frontage located within the Pine Air Lakes Commercial Planned Unit Development (CPUD). GEOGRAPHIC LOCATION: The subject 1.08-acre parcel is located at 5795 Airport Road North, within the Promenade at Naples Centre Development, and is also described as Lot 4, Pine Air Lakes Unit Five, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The subject 1.08-acre property is located within the Mixed -Use Retail/Office component of the Pine Air Lakes CPUD, Ordinance 07-32, as Amended. Per Section 5.06 of the PUD document, Signage is to be as permitted or required by the LDC in effect at the time a permit is requested. The applicant seeks the subject sign variance to increase the visibility of a 4,005-square-foot commercial building, approved by SDP-2007-AR-12147, that was a bank and is now a restaurant. (Continued on Page 4) SV-PL20230014898 — 5795 Airport Rd N / Mission BBQ Page 1 of 8 February 18, 2024 Packet Pg. 201 N (]N laoda!d 96LS AS 868VOUZOZId : 4VM) VZOMM 869t WO£ZOZId-AS:podalJ:}e}S :juGwl4oBUV N � o U N M � a WAXMYRTLE WAY o a o o a o 0 n o 1 o 5 a s IL w IX (3 0 _ U D d W a Pa a adOH iaodaid 4 1 ra AVIA Mnlla ap.1 utxum ;% F Q III Ca •� ¢" ❑ Z 'D V v O �a p Q x aV V w Y'9 U L VIA G� CL co �7 0 N Q CIO 0 J co d7 CD T 0 0 co CV 0 J a L C 0 4— a) a_ Y co u o � N a a 0 N Z a r 0 Q LO N � N V 00 W O i O �p M i o � N J L.L a >m cn 00 N QN liodjiV 96 S AS 9e8 OUZOZ d:4V ) VZOMM 8 8 |0 £ OZ d AS :podelJ:9ejS :juGwl4oBUV § Ll /------- »— — » �) 2 ( � 2 ! 2 k*k� "gin �r ■a�� : |§§■.z� f(i§ ■ §m \ 3.C.a Purpose/Description of Project (Continued from Page 1) The pre-existing design does not allow for a single sign that can be seen from the front of the building; rather, two signs are necessary. Additionally, the property itself has a design that favors access from the North, as opposed to the East, where the front of the building is located. The current total square footage of signs is 70.02 square feet. SURROUNDING LAND USE AND ZONING: North: Hollywood Drive then a Chick-fil-A restaurant with a drive-thru located within the Mixed -Use component of the Pine Air Lakes CPUD East: Airport Road North (Right -of -Way) then Single -Family Residential within an RSF-3 Zoning District South: Culver's Restaurant with drive-thru located within the Mixed -Use component of the Pine Air Lakes CPUD West: Common parking area followed by a strip shopping center located within the Mixed - Use component of the Pine Air Lakes CPUD Aerial Photo (Collier County GIS) SV-PL20230014898 — 5795 Airport Rd N / Mission BBQ Page 4 of 8 February 18, 2024 Packet Pg. 204 3.C.a Street View — Airport Rd southbound at Hollywood Dr — Google Earth Street View — Hollywood Drive— Google Earth Street View — Airport Rd northbound approaching Hollywood Dr — Google Earth GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Mixed -Use Activity Center Subdistrict of the Future Land Use Map (FLUM) of the GMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The Pine Air Lakes CPUD is consistent with the FLUM. Based upon the above analysis, Staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. SV-PL20230014898 — 5795 Airport Rd N / Mission BBQ Page 5 of 8 February 18, 2024 Packet Pg. 205 3.C.a STAFF ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08 B.1: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. The north side of the subject out -parcel faces an internal, public connector road that is positioned on the far South end of Tract A of the Pine Air Lakes CPUD. Thus, some patrons will access the subject property from the North side despite the property having frontage on Airport Road North to the East. Most buildings within Tract A have their front or rear oriented to the direction of access. The petitioner argues that a pre-existing architectural feature required them to use two signs to adequately identify the business from the front of the building, which faces Airport Road North. Staff concurs, given the placement of the signs upon the architectural feature. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work an unnecessary and undue hardship on the applicant. The applicant states that a literal interpretation of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, specifically in Tract A of the Pine Air Lakes CPUD, and would present unnecessary and undue hardship on the applicant. The applicant further notes that there is no property similarly situated to the North -side access road. Staff concurs. C. That the special conditions and circumstances peculiar to the land, structure, or building do not result from the actions of the applicant. The applicant states that the special conditions and circumstances peculiar to the land, structure, or building do not result from the applicant's actions. The applicant did not apply for the initial zoning or design the layout of Tract A, nor did the applicant design the building. Staff concurs. d. That granting the Variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures, or buildings in the same zoning district. A Sign Variance, by definition, confers some dimensional relief from the zoning regulations specific to a site. LDC Section 5.06.08 allows others relief through the same Sign Variance process the applicant has undertaken. Each Sign Variance project is reviewed individually based on its own merits. Staff believes the applicant has justified their need to engage in the Sign Variance process. The applicant further contends that there is no property similarly situated to the North -side access road. The total square footage of wall signage for the building, if this variance is approved, will be 129.38 square feet (35.01 for each front facing sign and 5 9.3 6 for the North SV-PL20230014898 — 5795 Airport Rd N / Mission BBQ Page 6 of 8 February 18, 2024 Packet Pg. 206 3.C.a facing sign). The maximum square footage of signs on this parcel, which has double frontage, is 300 feet across two signs. This consists of two 150-foot wall signs. Even if there were no double frontage, as this is an out parcel, this building would be entitled to 210 square feet of signage. This Sign Variance is asking for less than half as much signage, but distributed over three signs. This is significant because, for all other outparcels, more signage that is being applied for here is permitted. All outparcels have an additional sign. Staff concurs; however, would clarify that had two signs not been used on the East side (front) of this building, a second sign would have also been allowed to face the North without the need for a Sign Variance. e. That the Variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The applicant states that the requested sign variance is the minimum relief that will make reasonable use of the land, structure, or building possible. By allowing the one additional sign and a total signage under 50 percent of what is otherwise entitled, the applicant will be provided the minimum relief to allow reasonable use of the subject property because otherwise, the substantial number of those accessing the subject property will not be able to identify the business at this location, depriving the subject property of reasonable use consistent with the other outparcels in Tract A of the CPUD. Staff concurs. f. That the granting of the Variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Section 5.06.0l .A. of the LDC states that the purpose and intent of the sign code is to provide minimum control of signs necessary to promote the health, safety, and general welfare of the citizens of Collier County, Florida, by: 1. Lessening hazards to pedestrians and vehicular traffic; 2. Preserving property values; 3. Preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight; 4. Preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; 5 Assuring good and attractive design that will strengthen the county's appearance and economic base, and; 6. Preserving the right of free speech and expression in the display of signs. Staff concurs that the subject Variance request satisfies established criteria. This is partly because the total square footage of signage is no greater than would otherwise be permitted, even if the building did not have a double frontage and even if the building was not an outparcel. This Sign Variance is consistent with the general intent and purpose of the LDC and GMP. LDC Section 10.03.06.F.2.a requires the agent for sign variance petitions send an "agent letter" to property owners and associations located within 150 feet of the area covered by the petition. The SV-PL20230014898 — 5795 Airport Rd N / Mission BBQ Page 7 of 8 February 18, 2024 Packet Pg. 207 3.C.a agent for this project sent said agent letter on, or about, January 31, 2024, as evidenced by a notarized affidavit and mailing information contained within Attachment B. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at present. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a Decision to approve Petition SV-PL20230014898 to deviate from LDC Sections 5.06.04.F.2.a. and 5.06.04.F.4. by allowing a third wall sign not to exceed 60 square feet, at the subject location. Attachments: A. Sign Plan B. Pine Air Lakes CPUD, Ordinance 07-32 C. Applicant's Application and Backup Materials SV-PL20230014898 — 5795 Airport Rd N / Mission BBQ Page 8 of 8 February 18, 2024 Packet Pg. 208 (099 uoiSS!W N as jjoda!V 96LG AS 8684600£ZOZId : H48Z) 099 uoiSSIW °Sueld u6iS - y luempelIV :luawLj3gjV • (emmwNa a±@ssa 969140Mz-1d,a9Z)099 mmw�m kgv IU8WL13eUV a8WL13em ) B \e �} \ � �§ ( ' El 2 ■ 2 \ � » � cocc - \_■ _ \x/ 00 El - `)\\ k 2 \ El ■ — f ■ .)e§ <// ¥ k\/ — 4w �« � � m 0 { 2��l�*i i)]\k(\ \ 91 \\} owo- §E■] §ic§; !§ � % - - w V) \i| � §CL �� § \a _ ■ A , (emmwNa a±@ssa 969140Mz-1d,a9Z)099 mmw'sum kgv IU8WL13eUV a8WL13em B \ §) § k 0 _ ( '\\ ■F \ \} )}\) ■ 2 O ■ ■ \ � \ S ;10 Al P. }) \ - � ;f \} \k (088 uOISSIW N au uOdalV 96LS AS 8684600£ R-ld : L4 96 088 uOISSIW 'Sueld UBIS - V luawy3Bjjv .3uawy3vJjV _ m o jo ffl day 2E sW3m "oo om « od �+ 8av � cNFN AYE V«� �N��.i Pik �� ga o;ty t �10 mU m uR n�atm mma E E .'-'3w Y mnMMM « d E r U Y c« N c c E a j in 2 c c 2 E a Y fn c N Eg Q QQ Hy as=C HHHy aQ I?Jo cE�� '- To z�xKN� � �mti � ��oa a3ti � ��° N �W g _gzs, 'N v 5wA m.y c8 a��0 ¢ ✓�K v;i =d,c ® L_pTe� wdio a 9 sg _o os spa E m E ti E o E. 6E N-�Eo�c A Yn� �'69 zn.2o W O � = H gw 0 a� Z JZI ZU CO JZZ Y JQQ MU-0 0 0� ��LU� �Zp�>v ® oWO Op >O} >m r~i1�D0 >O} — 2co X�ZZW0 NQ��(D IL 0 U O in a C— z ®a r� 0 BE]-i =v a Q N o a 0 N 00 M OD U Z W 2 w O W Z Q W J a m m 2 W Q LL � J U O W W w m } W LU Y H m J U m W Z Q U �_ LL ZZU a L) LU L 0 0 Z I 0 m Q 0 00 0 w CDmW0IL LU 0 m IL d m IL emmmNa a±@s sa _#o z -1d,a9Zlom mmw'su m kgv IU8WLI3ellV a8WL13e m % � :eeeeeee. a � � } y .a |]\) \)}} ® }\\\ \\} §E■] !§ � % $\) i| V) \CL - \ z \\ _ � ��\\ 3.C.c ORDINANCE NO. 07- 32 jCOMMISSIONERS, AN ORDINANCE OF THE BOARD OF COUNTY COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT KNOWN AS PINE AIR LAKES CPUD TO ALLOW AN INCREASE IN THE MAXIMUM DEVELOPMENT AREA. THE SUBJECT 148.99 ACRES IS LOCATED ALONG THE WEST SIDE OF AIRPORT -PULLING ROAD (COUNTY ROAD 31), PARALLEL TO AND APPROXIMATELY 1,600 FEET NORTH OF PINE RIDGE ROAD (COUNTY ROAD 896); AND ALONG BOTH SIDES OF NAPLES BOULEVARD, IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-25, THE PINE AIR LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. r- WHEREAS, Airport Road Limited Partnership, represented by Karen Bishop, of P.M.S. Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A., 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 11, Township 49 South, Range 25 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the Pine Air Lakes CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. 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: Ordinance Number 94-25, known as the Pine Air Lakes PUD, adopted on May 10, 1994 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Petition Number PUDZ-2005-AR-8550 Page 1 of 2 Packet Pg. 214 3.C.c SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED b the Board of County Commissioners of Collier County, Florida, this � day of L/k , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 77-1 BY: <�test, Cieutty Clerk J COLETTA, CHA AN A Appiroved'as to_form and legal sufficiency Marj(We M. Student -Stirling Assistant County Attorney This Ordinance tiled with the rY Of State's Office the a, -.)pp and ackftwledgement of that fpi tecelvecl this day Y 6y O. C ewi Petition Number PUDZ-2005-AR-8550 Page 2 of Packet Pg. 215 3.C.c PINE AIR LAKES A PLANNED UNIT DEVELOPMENT m AIRPORT ROAD LIMITED PARTNERSHIP AMENDED BY: Goodlette Coleman & Johnson 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 ORIGNINAL ORDINANCE NUMBER DATE ISSUED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT A 85-67 11/12/85 3-13-2007 2007-32 N M I- O PUD document w BCC changes (2) 3-20-07.doc Packet Pg. 216 3.C.c TABLE OF CONTENTS SUBJECT SECTION Property Ownership and Description Section I Statement of Compliance Section II Project Development Section III Office Section IV Regional Commercial Section V Lake/Open Space Section VI Development Standards Section VII Utility Services Section VIII Development of Regional Impact Section IX PUD Master Plan Exhibit "A" Legal Description Exhibit `B" Interconnection Exhibit Exhibit "C" PUD document w BCC changes (2) 3-20-07.doc 1 N M I- O Packet Pg. 217 3.C.c PROPERTY OWNERSHIP AND DESCRIPTION SECTION I 1.01 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Air Lakes. 1.02 INTRODUCTION It is the intent of Airport Road Limited Partnership, a Florida limited partnership (here and after to be called Applicant) to amend a Planned Unit Development on approximately 150 acres of property located in northwest Collier County, Florida. 1.03 NAME The development will be known as Pine Air Lakes. 1.04 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, FL 34103 1.05 UNIFIED CONTROL The property being submitted for rezoning is under the unified control of Airport Road Limited Partnership. 1.06 LEGAL DESCRIPTION The subject project being +/- 148.99 acres is located in r co northwest Collier County, Section 11, Township 49 south, Range 25 east. The complete N legal description is set forth in Exhibit "B". M I- 1.07 GENERAL LOCATION c a A. The subject property is west of and contiguous to Airport Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; approximately 1,300 feet west, the boundary jogs south then west again approximately 1,300 feet, parallel to Pine Ridge Road. B. Four (4) accesses to the development will be provided as conceptually depicted on Exhibit "A". Three (3) entrances will have access from Airport Road and one (1) access will be from Pine Ridge Road, taking advantage of the existing Naples Boulevard. Pine Ridge Road is scheduled to be the primary access into western Collier County from Interstate 75. RegionaI access to the Pine Air Lakes development will be via Interstate 75 and Pine Ridge Road Interchange and Airport Road Transportation Corridors. Developers and property owners are to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code as described in Policy 7.1 of the Future Land Use Element. 1.08 EXISTING ELEVATION The +/- 150 acres of land which Pine Air Lakes is comprised of has an average elevation of plus 10.0 feet above sea level. PUD document w BCC changes (2) 3-20-07.doc 2 Packet Pg. 218 3.C.c 1.09 EXISTING SOIL TYPES The Pine Air Lakes site is composed of five (5) soil types as identified by the U.S.D.A. Soil Conservation Service in their report titled, "Soil Survey, Detailed Reconnaissance Collier County, Florida. Series 1942, No. 8, issued March 1954. "The site is primarily composed of Ken Fine Sand approximately forty-five percent (45%) and Charlotte Fine Sand approximately eighteen percent (18%). The Arzell Fine Sand, Cypress Swamp, and Ochopee Fine Sand Marl (shallow phase) makes up the remaining thirty-seven percent (37%) of the Pine Air Lakes CPUD site. The Ochopee Fine Sand Marl (shallow phase) is characterized by a shallow depth to rock which is typified by its exposure in the roadway swale along Pine Ridge Road (south of the project site). 1.10 EXISTING VEGETATION The site area has been historically stripped of native vegetation and utilized for agricultural and horticultural purposes. The only remaining native vegetation exists in the cypress head areas, (this has been designated "S.T." by the County Environmentalist), approximately in the center of the southern property line. The cypress ("S.T.") area will be left in its natural state under the proposed Pine Air Lakes CPUD Master Plan. The historical agricultural uses of the property supports a request for waiver of the Environmental Impact Statement (E.I.S.) commonly required by the Land Development Code. The request for a waiver has been filed with the County Environmentalist. NOTE: See Benedict's Letter. 1.11 OPEN SPACE. A minimum of thirty percent (30%) of total acres shall be provided. (44.7 acres) 1.81 acres are provided in S.T. acres and 32.64 acres are provided in Lakes/Open Space. The open space to be within the developed parcels along with the S.T. and Lake/Open Space parcels will either meet or exceed the required acreage. N M O PUD document w BCC changes (2) 3-20-07.doc 3 Packet Pg. 219 3.C.c STATEMENT OF COMPLIANCE SECTION II 2.01 PURPOSE The purpose of this section is to briefly outline the Pine Air Lakes Commercial Planned Unit Development compliance with the Collier County Comprehensive Plan. 2.02 STATEMENT OF COMPLIANCE The development of approximately 150 acres of property in, northwest Collier County, Florida, Section 11 (eleven), Township 49 south, Range 25 east, as a Planned Unit Development to be known as Pine Air Lakes will comply with the planning and development objectives of Collier County. A. This project is a Development of Regional Impact that predates the adoption of the 1989 Growth Management Plan for Collier County. As such, it was deemed to have vested zoning rights through the Zoning Re-evaluation Program described in former Policy 3.1 K of the Future Land Use Element. B. Properties that have been found to have vested zoning rights are deemed consistent with the Future Land Use Element (reference Policy 5.9, FLUE). Policy 5.1 of the Future Land Use Element allows changes to such projects, provided the intensity of development is not increased. N M O PUD document w BCC changes (2) 3-20-07.doc 4 Packet Pg. 220 3.C.c PROJECT DEVELOPMENT SECTION III 3.01 PURPOSE The purpose of this section is to delineate and generally describe the project plan of development and general conditions of the Pine Air Lakes Project. 3.02 GENERAL A. Regulations for development of Pine Air Lakes shall be in accordance with the contents of this document, CPUD- Commercial Planned Unit Development District and other applicable sections and parts of the "Collier County Land Development Code", B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code. 3.03 TRACT DEVELOPMENT The development of separate tracts shall comply with the Collier County Land Development Code, when applicable. 3.04 PROJECT PLAN AND LAND USE PARCELS A. The project plan including the location of roadways, general circulation, and the land use is illustrated graphically and conceptually on the CPUD Master Plan (Exhibit "A"). B. Areas illustrated as Lakes/Open Space on Exhibit "A" are illustrative only, and are T_ subject to relocation and reconfiguration. These areas may be constructed as lakes or co open space. A portion of the lakes may be constructed as shallow, intermittent dry depressions for water detention purposes. M 0 C. In addition to the various areas shown on Exhibit "A", such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project users. D. Adjacent parcels, whether owned by the same or different entities, shall be permitted to be developed under a Unified Development Plan as a single shopping center or single office complex with common and shared parking areas, access drives, utilities, entries, common areas and other facilities typically contained within a shopping center or office complex. Internal tract boundaries in such unified development plans shall not be required to have lot line setbacks or buffers. Additionally, buildings within the Unified Development Plan shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjacent buildings. 3.05 BUFFERS A. All parcels within the Pine Air Lakes development adjacent to interior roads shall provide a minimum fifteen (15) foot wide landscape strip buffer. (Excluding parcels designated Lakes/Open Space.) PUD document w BCC changes (2) 3-20-07.doc 5 Packet Pg. 221 3.C.c B. A minimum buffer fifteen (15) feet wide will be provided along all parcels (except Lake/Open Space parcels) which are adjacent to surrounding land presently zoned industrial/commercial. A minimum twenty (20) foot buffer will be provided along Airport Road. C. All other buffers shall meet the minimum standards of the Land Development Code in effect at the time of development of the parcel. D. No parking, outside display signs, or other structures shall be located within buffers. 3.06 SPECIAL TREATMENT S. T. REGULATION The S. T. zoning overlay is removed and the approximate L8 acres of wetlands shall be preserved as a separate tract or easement, o with protective covenants. An average twenty-five (25) foot setback will be provided around ° the wetlands area. Q LO No parking, outside displays, signs or structures shall be located within the setback around the UI) wetlands area. Cn 00 3.07 CPUD SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 04.07.01 00 of the Collier County Land Development Code shall apply to the development of platted tracts or o other parcels of land prior to issuance of a building permit or other development order. N 0 N 3.08 DEVELOPMENT PLAN ADJUSTMENT Minor variations in acreage, roadway, lakes a and tract boundaries, as shown on CPUD Master Plan shall be permitted at final design to accommodate topography, vegetation, and other site conditions. r co N Minor variations shall be defined as in the Land Development Code in effect at the time such N variation is requested. M 0 3.09 MAXIMUM SQUARE FOOTAGE USES: The maximum square footage to be constructed within the CPUD shall be as follows. The permitted uses for each category of use shall be as set forth herein in Section 4 with respect to Office Uses and in Section 5 with respect to Regional Commercial/Retail Uses. Category Square Feet Regional Commercial/Retail 1,000,000 Office 75,000 Total 1,075,000 3.10 CONVERSION BETWEEN USE CATEGORIES. Notwithstanding the maximum square footage uses set forth in Paragraph 3.09 above, the Developer shall have the right to; Convert office space into retail space or retail space into office space, with the conversion rate between the different uses to be set forth as follows (the conversion rate has been determined by an equivalent trip generation analysis). Up to 50,000 square feet of office area can be converted into retail area at the rate of 100 square feet of additional retail area for every 420 square feet of office area converted. Additionally, up to 50,000 square feet of retail area can be converted into office area at the rate of 100 square feet of additional office area for every 24 square feet of retail area converted. The maximum square footage allowed is 1,075,000. PUD document w BCC changes (2) 3-20-07.doc Packet Pg. 222 3.C.c OFFICE SECTION IV 4.01 PURPOSE. The purpose of this section is to indicate the development plan land regulations for any part of the site to be developed for office uses. 4.02 PERMITTED USES AND STRUCTURES. No building or structure or part thereof shall be erected, altered, or used, or land or water used, in whole or in part for other than the following: 4.03 PERMITTED PRINCIPAL USES AND STRUCTURES t) Business and professional offices; banks; financial institutions. 2) Churches and other places of worship; civic and cultural facilities; colleges, universities and schools. 3) Funeral homes. 4) Homes for the aged; hospitals; hospices and sanitoriums. 5) Medical laboratories; medical clinics; medical offices for humans; mortgage brokers; museums. 6) Parking garages and lots; private clubs. 7) Real estate offices; research design and development activities; rest homes; convalescent centers; and nursing homes. 8) Laboratories, provided that: a) No odor, noise, etc., detectable to normal senses from off the premises are generated; b) All work is done within enclosed structures; and c) No product is manufactured or sold, except incidental to development activities. 9) Transportation, communication and utility offices - not including storage of equipment. 10) Any professional or commercial use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district. 4.04 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. 3) Multi -story parking. 4) Water management structures and facilities. 4.05 REGULATIONS 405.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel boundaries. 405.02 Minimum Parcel Area - Twenty thousand (20,000) square feet. N M 0 PUD document w BCC changes (2) 3-20-07.doc 7 Packet Pg. 223 3.C.c 405.03 Minimum Parcel Width - One hundred (100) feet. 405.04 Minimum Yard Requirements - abutting the roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards. a) Front Yard - Twenty-five (25) feet. b) Side Yard - Fifteen (15) feet with unobstructed passage from front to rear yard. c) Rear Yard - Fifteen (15) feet. d) Minimum Yard Requirement From Any Residentially Zoned or Use Property: Twenty-five (25) feet. 405.05 Maximum Height - Five (5) stories or fifty (50) feet, whichever is greater over a maximum of two (2) levels of parking. Ten (10) stories or one hundred (100) feet, whichever is greater over two (2) levels of parking may be approved through Site Development Plan Approval and by the Planning Commission. 405.06 Minimum Floor Area of Structures - One thousand (t,000) square feet per building on the ground floor. 405.07 Minimum Distance Between Structures - Thirty (30) feet or one-half (1/2) the sumGo N of the height, whichever is greater. M 0 4.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. p 4.07 MINIMUM OFF-STREET PARKING AND OFF-STREET PARKING LOADING REQUIREMENTS.As permitted or required by the Land Development Code in effect at the time a permit is requested. 4.08 MINIMUM LANDSCAPING REQUIREMENTS As permitted or required by the Land Development Code in effect a the time a permit is requested. 4.09 MINIMUM LANDSCAPE/BUFFER AREA Defined in Section 3.05 of this Document. PUD document w BCC changes (2) 3-20-07.doc 8 Packet Pg. 224 3.C.c REGIONAL COMMERCIAL SECTION V 5.01 PURPOSE The purpose of this section is to indicate the development plan land regulations for the areas designated on Regional Commercial. In order to ensure that regional retail is achieved, there will be a minimum of two individual retail uses with a minimum of 70,000 square feet of gross leasable area (GLA) each. These three uses, along with a majority of the commercial uses shall be restricted to uses herein which also would be within Division G, Standard Industrial Classification Manual, 1987 publication. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following. 5.03 PERMITTED USES The following uses are expressly permitted when done in accordance with the general intent of this ordinance: a) Antique shops 5932; appliance stores 5722; art galleries 5999, c 8412; art studios 8999; art supply shops 5199; assembly in N enclosed building 3549; auction house 5999; automobile parts N stores 5531; automobile service stations with repairs in enclosed (L building 5541; automobile sales, and associated service Iq departments, 5541, 5511; alcoholic beverage sales, including co sales for consumption on or off the premises 5813, 5921. N b) Banks and financial institutions Major Groups 60, 61, 62, 67; M barber and beauty shops 7231, 7241; bath supply stores 5719; c bicycle sales and services 7699 (excluding Cesspool cleaning), 5941, 5091, 5571; blueprint shops 7334; boat sales - with inside o storage 5551, 5091; bookbinders 2789, 2732; book stores 5192, o 5961; business (i.e. Xerox) machine services 7359, 7629; bakery v shops, including baking only when incidental to retail sales from v, the premises 5461; business offices 8741, 8742, 8748. c) Carpet and floor covering sales which may include limited storage J (not to exceed 50% of retail sales area) 5713, 5023; enclosed car Q washes 7542; clothing stores 5137, 5651, 5611, 5932, 5136, c 5621; cocktail lounges 5813; commercial recreation uses - indoor a 7999 (excluding animal shows, bath houses, circus companies, on r shooting ranges/galleries, skeet shooting); commercial schools d 8222, 8211, 8221; communications services and equipment repair s 5065; confectionery and candy stores 5441, 5145; churches and o other places of worship 8661; civil and cultural facilities 8641, Q 8299, 8611, 8621; colleges, universities and schools 8211, 8221, 8222, 8299, 8243, 8244, 8249; child care centers 8351; E convalescent centers 8059, 8051; children's homes 8361. 0 d) Department stores 5311; dry goods stores 5131, 5999: drapery Q shops 5023, 5714; delicatessens 5461; drug stores 5912, 5122; dry cleaning - collecting and delivering only 7212. (Minimal on -site pressing and spotting permitted). PUD document w BCC changes (2) 3-20-07.doc 9 Packet Pg. 225 3.C.c e) Electrical supply stores 5063; equipment rentals -- including lawn mowers, power saws, etc. without outside storage and display 7359; employment agencies 7361, 7819, 7922 (excluding burlesques companies), 7363. a f) Fish markets (retaii)_5421, 5146; florist shops 5992, 5193; fraternal in in and social clubs 8641; funeral homes 7261 (excluding o crematories); furniture refinishing 7641; furniture stores 5712, y 5021; furrier shops 5632. g) Garden supply stores, which can include outside displays, gift z shops 5261; glass and mirror sales 5231, 5719; gourmet shops 5499, 5411; gunsmiths 7699 (excluding cesspool cleaning). o h) Hardware stores 5251; hat cleaning and blocking 7251; health food Q stores 5499; health clubs/fitness centers 7991; hobby supply storesLO 5092, 5945; hospitals and hospices 8069, 8062. ti i) Ice cream shops 5451, 5143; ice sales (not including ice plants) > 5143, 5999. rn j) 00 Jewelry stores 5094, 5944, 5632. C) k) Kitchenware shops 5719. 1) Laundries 7211; lawn maintenance shops no outside maintenance M 7699; leather goods 5199, 5948; legitimate theaters 7922 N (excluding burlesque companies); light manufacturing or a processing (including food processing, but not slaughter house) T Major Group 23 (excluding 2371) & 39. Packaging or fabricating Co in completely enclosed building 2671.Linen supply shops 7213; N liquor stores 5921, 5182; and locksmiths 7699; lithographing 2752; M laboratories; provided no odor, noise, vibrations or other nuisance o detectable to normal senses from off the premises are generated 7819, 8734, 8071, 8072. p m) Marinas 4493; markets - food of every type 5411; medical office o and clinics 8041, 8021, 8042, 8031, 8011, 8043, 8093; millinery a shops 5632, 5131; miscellaneous uses such as mail express office, N telephone exchange 7331, 5999; motion picture theaters 7832; motorcycle sales and service 5571, 7699 (excluding cesspool L cleaning), 5012; museums 8412; music stores 5735, 5736; Q mortgage brokers 6162, 6163; motels 7011; meat, fish and poultry markets 5421, 5499, a n) Newspaper stores 5994. m o) Office Supply stores 5112, 5943. p) Paint and wallpaper stores 5231; parking garages (enclosed) 7521; E s pest control service 7342; pet shops 5999; pet supply shops 5999, 5149, 5199; photographic equipment stores 5043, 5946; plumbing Q shop 5074; plumbing supplies 5074; pottery stores 5719; poultry markets 5499; printing 2732, 2752,2759; publishing or similar establishments 2741, 2731, 2711, 2721; private clubs 7997; professional offices 8741, 8742, 8748; post offices 4311, 7389. Q q) Quilt shops 5949. r) Radio and television stations and transmitters 4832, 4833; radio and television sales and services 5731, 7622; interior non- destructive and design labs 8711, 8712; rest homes 8059, 8361; PUD document w BCC changes (2) 3-20-07.doc 10 Packet Pg. 226 3.C.c restaurants including fast food restaurants with drive through window service 5812; real estate offices 6531; research, design and development planning facilities 8748. s) Service establishments catering to commerce and industry 7389; a sign company 3993, 5046, 5099; sign painting shops 3993; shoe m m repair 7251; shoe stores 5 6 6 1 ; shopping centers (including regional o facilities) Major Group 53, 56, 57, 58, 59; souvenier stores 5947; (n stationery stores 5943; supermarkets 5411; swimming pool maintenance shops 7389; sanatoriums 8063; schools 8211, 8249. z t) Tailor shops 7219, 5699; taxidermists 7699; tile sales — ceramic o: tile 5211, 5032; tobacco shops 5159, 5194, 5993; toy shops 5945, 0 5092; tropical fish stores 5999; transportation terminals without ° outside storage of vehicles or equipment 4231; taverns 5813. Q u) LO Upholstery shops 5714. v) Variety stores 5331; vehicle rentals 7514, 4119; veterinarian > offices and clinics — no outside kennels 0742; vocational, Cn CO technical, trade or industrial schools 8211, 8249. C) w) Water bed sales 5712, 5021. 0 x) X-ray clinics 8071. M y) Yacht sales 7389, 5551. N z) Any other commercial, which is compatible in nature with the a foregoing uses and which the Board of Zoning Apeals determines to be consistent with the purpose of the district. aa) All uses allowed in Section IV. CO *All references to numbers in this Section are understood to be to Standard Industrial M Classification Groups. c 5.04 PERMITTED ACCESSORY USES AND STRUCTURES. Accessory uses and structures customarily associated with uses permitted in this district: 1) Caretaker residence. 2) Water management structures and facilities. 3) Customary accessory uses and structures. 5.05 REGULATIONS 505.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel boundaries. There shall be no outside overnight storage or display on any parcels in this section. 505.02 Minimum Parcel Area - As determined at the time of Preliminary Site Development Plan review. 505.03 Minimum Parcel Width - As determined at the time of Preliminary Site Development Plan review. 505.04 Minimum Yard Requirements - The parcel sides abutting the roadway within the Pine Air Lakes' Development and Airport Road to the west of the development shall be front yards. Those parcels shall conform to the minimum yard PUD document w BCC changes (2) 3-20-07.doc l t Packet Pg. 227 3.C.c requirement of Section 4.05.4 of the Document. All other parcels in this Section shall conform to the following: a) Front Yard - Twenty-five (25) feet. b) Side Yard and Rear Yard - None or a minimum of five (5) feet with unobstructed passage from front to rear yard. c) Other parcel boundaries fifteen (15) feet. 505.05 Maximum Height - Three (3) stories or thirty-five (35) feet, whichever is greater 505.06 Minimum Floor Area of Principal Structures - One thousand (1,000) square feet per building on the ground floor. 505.07 Minimum Distance Between Structures - Same as side yard setback. 5.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. Cn a) 00 5.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS It As permitted or required by the Land Development Code in effect at the time a permit is M requested. N J a 5.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. co N 5.09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3.05 of this Document. M 0 PUD document w BCC changes (2) 3-20-07.doc 12 Packet Pg. 228 3.C.c LAKE/OPEN SPACE SECTION VI 6.01 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas to be utilized for Lakes/Open Space. 6.02 PERMITTED USES AND STRUCTURES No building or structure or part thereof, small be erected, altered, or used, or land or water used, in whole or in part, for other than the following: 6.03 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Sidewalks constructed for purposes of access to or passage through common areas. 2) Lakes and other storm water management facilities or uses to serve for the water management and drainage of project. 3) Picnic areas, parks and passive recreation areas. 4) Small buildings, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 5) Small docks, piers or other such facilities constructed for purposes of lake N recreation for project occupants or members. M 0 6) Decks and platforms associated with restaurant and entertainment facilities on -6 adjacent parcels shall be allowed to project into Lake/Open Space parcels. o 7) A lake/open space parcel may be considered a buffer for developed parcels if it is adjacent to the parcel. 8) Any other open space activity which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district. 6.04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures customarily associated with the uses permitted in this district. 1) Customary accessory uses of recreational facilities. 2) Any other recreational use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district. PUD document w BCC changes (2) 3-20-07.doc 13 Packet Pg. 229 3.C.c 6.05 REGULATIONS 605.01 General — All yards, setbacks, etc., shall be in relation to the individual parcel. 605.02 Minimum Lot Area: None 605.03 Minimum Lot Width: None 605.04 Minimum Yard Requirements: Abutting the arterial roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards. a) Front Yard: Fifty (50) Feet b) Side Yard: Thirty (30) Feet c) Rear Yard: Fifty (50) Feet 605.05 Maximum Height of Structures: Thirty-five (35) feet unless otherwise approved during Development Review. 6.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENT_ S00 r As permitted or required by the Land Development Code in effect at the time a permit is N requested. M 0 6.08 MINIMUM LANDSCAPING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. p 6.09 MINIMUM LANDSCAPE/BUFFER AREA Defined in Section 3.05 of this Document. PUD document w BCC changes (2) 3-20-07.doc 14 Packet Pg. 230 3.C.c DEVELOPMENT STANDARDS SECTION VII 7.01 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 7.02 GENERAL All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Land Development Code shall apply to this project. 7.03 CPUD MASTER DEVELOPMENT PLAN A. Exhibit "A" illustrates the proposed development. B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. 7.04 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE All clearing, grading, M earthwork, and site drainage work shall be performed in accordance with all applicable State and o local codes. 7.05 STREETS All streets shall be dedicated to the public. The petitioner wishes to reserve the right to maintain and landscape the unpaved portions of the right-of-way for roads within the project subject to the approval of the Development Services Director. All public street design and construction shall meet the Collier County standards that are in effect at the time of approval. 7.06 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 7.07 HOUSING To satisfy the project's affordable housing impacts cumulatively the applicant's mitigation for commercial and office uses shall be $206,424.00. These funds shall be paid to Collier County Affordable Housing Trust Fund at issuance of building permit. If more than one building permit is involved, then the payments shall be prorated on a .50 cent per square foot basis and a portion collected at the time each building permit is issued. P U D document w BCC changes (2) 3-20-07.doc 15 Packet Pg. 231 3.C.c 7.08 LANDSCAPING A) For off-street parking areas - All landscaping for off-street parking areas shall be in accordance with the appropriate portion of the Land Development Code. B). For Naples Boulevard Land Improvements — The Pine Air Lakes CDD shall complete the installation of the Naples Boulevard, right-of-way landscaping as approved by Collier County Transportation Mode Department but will be limited to 5400,000.00 in cost. The Pine Air Lakes CDD shall maintain the right-of-way landscaping in perpertuity. The installation shall take place within one year of this PUD amendment and the companion DRI Development Order amendment approval. 7.09 ARCHITECTURAL DESIGN REVIEW The petitioner intends to create an association to review individual parcel layout and architecture prior to the improvement of any parcel. 7.10 COMMON AREA MANAGEMENT The petitioner intends to convey the common areas, including the water retention and surface water management structures, to Pine Air Foundation, Inc., a Florida not -for -profit corporation, which will be responsible for implementation of the surface water management plan and have authority to assess the other lands within the district for the costs of such maintenance. The petitioner would also grant an easement to Collier County with respect to the surface water management system so that the County could operate and maintain the system in the event the Foundation fails to do so. 7.11 ENVIRONMENTAL The Environmental Advisory Council stipulations: N M A. A site clearing plan shall be submitted to the Natural Resources Department and the o Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development p schedule. The site clearing plan shall clearly depict how the final site layout incorporates Ci retained native vegetation to the maximum extent possible and how roads, buildings, v lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will. describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Department and the Community Development Division. D. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Department PUD document w BCC changes (2) 3-20-07.doc 16 Packet Pg. 232 3.C.c notified. Development will be suspended for sufficient length of time to enable the Natural Resources Department or a designated consultant to assess the find and determine the proper course. of action in regard to its salvageability. The Natural Resources Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. The cypress wetland and buffer zone is to be checked and approved by the Natural Resources Personnel prior to any construction in the vicinity of the wetlands. F. As many existing native trees and shrubs as possible shall be incorporated into the development. G. The developers shall demonstrate to the Natural Resources Department that this development will be in compliance with the water quality regulations as outlined by DEP and SFWMD when they return with their site development plans and, more specifically, if DEP or SFWMD requires water quality monitoring of their stormwater run-off, then Natural Resources Department requests that they receive copies of all the data. 7.12 FIRE The North Naples Fire Control District has stated their ability to serve the Pine Air Lakes Project, with the following stipulations: A. Water mains and the locations of the fire hydrants must be approved by them prior to issuance of any building permits. B. Pine Air Lakes shall commit to pay its fair share for improvements needed as a result of M the development if and when an impact fee policy is adopted by the North Naples Fire c District to cover the entire District. 7.13 EXEMPTIONS TO THE SUBDIVISION REGULATIONS Pine Air Lakes development shall be exempt from the following Land Development Code requirements: A. Section 06.06.01.Q.1, LDC: Street name signs shall be approved by the Development Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices. B. Section 05.06.00, LDC: Entry signage may be located within the right-of-way of the dedicated roadway. Such signage and planting shall be approved by the Development Services Director. C. The requirement to place permanent reference monument and permanent control points in a typical water valve where such monuments occur within street pavement areas shall be waived. 7.14 TRANSPORTATION A. Except for the three permitted connections to Airport Road, all access to individual parcels shall be internal from Naples Boulevard or from loop roads connecting adjacent properties in an effort to help reduce vehicle congestion on nearby collector and arterial PUD document w BCC changes (2) 3-20-07.doe 17 Packet Pg. 233 3.C.c roads and minimize the need for traffic signals as described in Policy 7.2 of the Future Land Use Element. B. The developer shall provide crosswalks at the intersection of Naples Boulevard and the future Interconnection Road/Regal Cinema Property and at the future intersection west of the Regal Cinema property at the existing Naples Boulevard Curb cut located approximately `14 mile to the north of the southern property line of the CPUD along Naples Boulevard. The crosswalk for the future Interconnection Road/Regal Cinema intersection with Naples Boulevard shall be installed simultaneously with the permanent traffic signal. All crosswalk requirements shall be completed prior to the build -out of the CPUD. C. Naples Boulevard is constructed and dedicated to Collier County and the water system is looped in accordance with the Utilities Division regulations and requirements. D. All Collier County traffic impact fees for Pine Air Lakes CPUD shall be as provided by the current impact fee ordinance. E. In conjunction with the six-laning of Airport Road, the following improvements shall be made at the intersection of Naples Boulevard with Airport Road: 1. The developer has constructed or contributed its fair share payment for the construction of one additional northbound left turn lane from Naples Boulevard to Airport Pulling Road for a total of two left turn lanes. 2. The developer has constructed or contributed its fair share payment for the 24 construction of the traffic signal at the intersection of Airport Road and Naples M Boulevard. o 3. In addition to the forgoing, at the County's request, the developer shall construct a third northbound left turn lane from Naples Boulevard to Airport Pulling Road within one year of the approval of this CPUD amendment and DRI development order amendment. 4. The developer shall extend the stacking lanes for the north to westbound left turn lane onto Naples Boulevard from Airport Road within one year of the approval of this CPUD amendment and DRI development order amendment. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the Land Development Code, as it may be amended. Collier County reserves the right, pursuant to Collier County ordinances to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. A five (5) foot sidewalk easement and completed sidewalk have been provided by the developer within the twenty (20) foot buffer along the Airport Road frontage. An additional one (1) foot sidewalk easement shall be provided by the developer within the twenty (20) foot buffer along the Airport Road frontage, north of Naples Boulevard, at Collier County's request and within one year of the approval of this CPUD amendment and DRI development order amendment. PUD document w BCC changes (2) 3-20-07.doc Is Packet Pg. 234 3.C.c H. All work within Collier County rights -of -way or public easements shall require a right-of-way permit. I. Any reduction in parking spaces as a result of interconnection with projects to the north and west shall be consistent with Subsection 4.04.02.13.3. of the Land Development Code quoted below: During the development or redevelopment of commercial or residential projects and all rezone petitions shared access and interconnection shall be required. Should the shared access or interconnection require the removal of existing parking spaces, the applicable development will not be required to mitigate for the parking spaces. The County Manger or designee shall require the shared access and interconnection unless in the professional judgment of the County Manger, or designee, one of the following criteria prohibits this requirement. a. It is not physically or legally possible to provide the shared access or interconnection. b. The cost associated with the shared access or interconnection is unreasonable. For o this application unreasonable will be considered when the cost exceeds the cost of a N typical local road section or is above 10% of the value of the improvements being J made to the development. a C. The location of environmentally sensitive lands precludes it and mitigation is not00 r possible. N N d. The abutting use is found to be incompatible with the existing or proposed use. 0 J. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department Transportation (FDOT) Manual of Uniform o Minimum Standards (MUMS), current edition, FDOT Design Standards, current Edition, 6 and the Manual on Uniform Traffic Control Devices (MUTCD), current Edition. All a U other improvements shall be consistent with and as required by the Collier County Land Development Code. J L K. Site -related improvements necessary for safe ingress and egress to this project, as Q determined by Collier County, shall not be eligible for impact fee credits. All required c improvements shall be in place and available to the public prior to the issuance of the first a. certificate of occupancy (CO), or when requested by Collier County. m L. Nothing depicted on any the CPUD Master Plan except for those access points in existence as of the date hereof shall vest any right of access at any specific point along any property frontage or property line. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. M. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the PUD document w BCC changes (2) 3-20-07.doc 19 Packet Pg. 235 3.C.c developer and Collier County shall have no responsibility for maintenance of any such facilities. N. If any turn lane improvement requires the use of any existing County right-of-way or easement and there is insufficient right-of-way available, the developer shall accommodate those turn lanes within the development. O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement within the boundary of this CPUD is determined to be warranted, the cost of such improvement shall be borne by the Developer and shall be paid to Collier County. P. At the request of Collier County, two Collier Area Transit (CAT) bus stops with shelters shall be installed by the developer or, at the discretion of Collier County, a designated park -and -ride location shall be provided in lieu of the shelters. The exact location will be determined during site development plan review process. This commitment shall be fulfilled within one year of the approval of this CPUD amendment and DRI development order amendment. Q. The developer shall contribute an amount not to exceed $50,000.00 to Collier County's SCOOT program along Pine Ridge Road to include two additional intersections. This contribution to Collier County shall be made within one year of the approval of this CPUD amendment and DRI development order amendment. R. In lieu of the annual traffic counts for the PUD monitoring requirements, the developer co shall make a payment to Collier County to install four permanent count stations not to N exceed a total of $40,000.00 purusant to the Land Development Code. Payment to Collier M County shall be made within one year of the approval of this CPUD amendment and c DRI development order amendment. S. The developer shall construct or cause to be constructed an interconnection road to the industrial park to the north of the CPUD as shown on Exhibit "C". The developer shall be responsible to coordinate the construction with the owner of the property currently developed as Naples Dodge. The construction of the interconnection road shall be completed at the earlier to occur of (i) prior to the issuance of a CO for any improvements constructed upon the eastern 9.86 acre portion of Pine Air Lakes Unit 3, Lot I (tax parcel 66760010044); or (ii) within one year of the approval of this CPUD amendment and DRI development order amendment. T. The developer shall extend the eastbound stacking lane on Pine Ridge Road for the north- bound turn onto Naples Boulevard within one year of the approval of this CPUD amendment and DRI development order amendment. U. The developer shall utilize the existing Naples Boulevard median (County right-of-way) to construct a second right turn lane from southbound Naples Boulevard onto westbound Pine Ridge Road within one year of the approval of this CPUD amendment and DRI development order amendment. V. The developer shall modify the Naples Boulevard median cuts used for controlling traffic entering and exiting the Home Depot and NCH sites from Naples Boulevard in PUD document w BCC changes (2) 3-20-07.doc 20 Packet Pg. 236 3.C.c accordance with the design criteria approved by the Collier County Transportation Department within one year of the approval of the CPUD amendment and DRI development order amendment and after the design criteria have been approved by the Collier County Transportation Department. W. When traffic counts warrant and when requested by the Collier County Transportation Department, the developer shall construct a mast arm traffic signal at the future intersection that will be located at the existing curb cut on Naples Boulevard approximately '/4 mile from the southern boundary of the CPUD (west of the Regal Cinema). X. 1. Within sixty (60) days after the approval of this CPL D amendment and DRI development order amendment, the developer shall install a temporary traffic signal on Naples Boulevard at the intersection of Naples Boulevard and the entry to the Regal Cinema property. The Collier County Transportation Department shall provide the lights and controls and the developer shall pay the costs of purchasing and installing the temporary poles and installing the temporary traffic signal. 2. The developer shall design and construct a mast arm traffic signal (permanent traffic signal) to replace the temporary signal concurrent with the construction of the interconnection road referenced in Subsection 7.14.S of this Document, but in any event the construction of the permanent traffic signal shall be completed within one year of the approval of this CPUD amendment and DRI development order amendment. N 7.15 WATER MANAGEMENT M 0 A. Conceptual and/or detailed site drainage plans shall be submitted to the o Environmental Advisory Board for review. B. The Developer has provided to Collier County a thirty-five (35) foot wide and a twenty-five (25) foot wide perpetual, non-exclusive easement for drainage purposes along the western boundary of the Pine Air Lakes project a thirty (30) foot wide temporary non-exclusive construction easement which parallels a twenty-five (25) foot wide temporary non-exclusive drainage easement, both of which temporary casements connect with the temporary drainage easement for the lake abutting the property's northeastern boundary along Airport -Pulling Road, around which lake the thirty (30) foot temporary construction easement continues; all as more fully described in the drainage conveyance documents dated April 1994, and the drawings attached thereto and prepared by Wilson, Miller, Barton & Peek, Inc., dated February 1994 for File No. 2G-403. Said temporary easements are for the purpose of accepting and transmitting 29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the water management system, and shall be abandoned at time of site development plan approval of the area north of Naples Boulevard. At time of site development plan approval, a twenty-five (25) foot wide perpetual, non-exclusive easement for drainage purposes shall be dedicated to Collier County and recorded in the public records. C. An excavation permit will be required for the proposed lakes in accordance with appropriate County ordinances. PUD document w BCC changes (2) 3-20-07.doc 21 Packet Pg. 237 3.C.c UTILITY SERVICE SECTION VIII 8.01 PURPOSE The purpose of this section is to provide a list of utility services and how they will be provided. A. See the Utilities Division stipulations per their memos dated July 23, 1985; and September 21, 1985, 8.02 WATER SUPPLY The Collier County Water and Sewer District shall provide water to the Pine Air Lakes Development from the existing 16" water main located within the Airport Road right-of-way. 8.03 SOLID WASTE COLLECTION Solid waste collection for the Pine Air Lakes Project will be handled by the company holding the franchise for that area of the County. 8.04 ELECTRIC POWER SERVICE Florida Power and Light Company will provide electricity to the entire Pine Air Lakes Project. 8.05 TELEPHONE SERVICE Telephone service will be supplied by appropriate provider to the Pine Air Lakes Project. 8.06 TELEVISION CABLE SERVICE The Pine Air Lakes Project will be provided cable co service by the cable company holding the franchise for that area of the County. �1! N M 8.07 EASEMENTS FOR UNDERGROUND UTILITIES All on -site utilities such as telephone, o electric power, cable television service, waste water collection, water distribution, etc. shall be installed underground. Only items such as electrical feeder lines, lift stations, etc. which require O above ground installation shall be permitted above ground. 8.08 WATER DISTRIBUTION AND. SEWERAGE MAIN DEDICATION The water distribution and sewerage mains shall be located in the road right-of-way and will be dedicated to the public. The water distribution and sewerage mains will be deeded to Collier County Water and Sewer District upon completion in accordance to applicable county ordinances in effect at the time of the Pine Air Lakes PUD Submission. The applicant or future owners, will pay appropriate development hook-up fees at the time of application for building permits. Should any water/sewer system elements be located outside the road right-of-way, the appropriate casements will be dedicated. 8.09 PROJECT EASEMENTS AND SERVICES All easements and services mentioned in this and previous sections of this Document shall be non-exclusive PUD document w BCC changes (2) 3-20-07.doc 22 Packet Pg. 238 3.C.c DEVELOPMENT OF REGIONAL IMPACT SECTION IX The Developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order (DO) actions for this project. N M O PUD document w BCC changes (2) 3-20-07.doc 23 Packet Pg. 239 3.C.c FUTURE CONNECTION EXISTING LAKC.ikIC11 Y E _ N N POSSIBLE FUTURE CONNECTION MIXED -USE `o RETAILIOFFICE E s"1, LA, P "�KE x co P n O N .-..PROPQSGd'. i.. NAPLES DODGE MLXED -USE EXISTING RETAIUOF ICE' LAKE 92 ?ROPE! FF V V MLXED -USE RETAIL/OFFICE 8 Em 0 Land Summary Use 0 Mixed -Use Office/Retail 103.00 Acres ROW 10.69 Acres g Lake/Open Space 33.49 Acres Preserve Area {Inciudine atit%rsy 1.81 Acres Total 148.99 Acres 0 200 400 c SCALE IN FEET E HOME DEPOT 215E JOHNSON STREET P.O. BOX 1550 FORT MYERS, FLORIDA 33902-1550 PHONE (239) 334—OW ENGINEERING E.B.#642&LB3#642 Master Concept Plan March 2007 1 20055243 1 1 As N C? CD I Packet Pg. 240 1 3.C.c LEGAL DESCRIPTION A ptrtel or traq .of land lying in Section 1!- TQwO$hip 49 South. Range 25 East, Collier County, Florida, being described as follows: CaamenCtnqq at the gorthtist cornzr of stld Section 11. run S 009Z1141" H along tht East line of said SectIO4 1t t ,distance of 1316.86 feet; thence 5 88041`13' V 100.04 feet to the P0[NT OF sE.WlkC and the westerly rigqht-of-+ray line of Canty Read 110.31; thence continue S W41'13' V U54,06 feet; thence 5 01005127' E 1316.71 feet; thence S 01005'18' E 1316.75 feet; thence ti 88051131' E 1341.4Z feet; thence N 00016,50" W 329.45 fret; thence H 88050'S1' E 1145.62 feet to the Westrdrly right-of-way l {na of County !load lt0.31; " thence li 00 27'18' E along said right -of -ray line M .28 feet; thence M 00027'40* E along said right-of-wty line 1318.60 feet to the POINT OF EEG1RKING: Said parcel or tract containing-148,99.acret, core or less. Subject to tasewnti, restrictions and reservations of record, veirings based on a bearing of 9 00°27'47" E On the East line of the KE of Section 11, Tomship j5 South, 1liage 25 East. Collier County, Florida. This description meets the Rinimut Technical Standards as , set forth by the Florida Board of Land Surveyors, pursuant to Chapter 472.UZ7, Florida Statutes. Pine Air Lakes PUDZ-A-2005-AR-8550 Exhibit B N M 0 Packet Pg. 241 1 3.C.c EXHIBIT "c" Pine Air Lakes 1 Naples Dodge Interconnect Exhibit Naples Dodge Hollywood 20 THIS EXHIBIT IS CONCEPTUAL. THE FINAL DESIGN SHALL BE APPROVED BY TRANSPORTATION DEPARTMENT DURING SITE DEVELOPMENT PLAN REVIEW. ANY REVISIONS TO THIS EXHIBIT SHALL NOT REQUIRE AN AMENDMENT, N C? ti O Packet Pg. 242 3.C.c STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-32 Which was adopted by the Board of County Commissioners on the 13th day of March, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd N M day of March, 2007. DWIGHT E. BROCK Clerk of Courts and C1'erk Ex-officio to Board of County Commissioners_., By: Ann Jennej ohn, ';' Deputy Clerk Packet Pg. 243 3.C.d APPLICATION AND PROPERTY INFORMATION r r 00 N Packet Pg. 244 Cor County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Sign Variance Petition (SV) Land Development Code section 5.06.08 Chapter 3 1 of the Administrative Code APPLICANT CONTACT INFORMATION Name of Property Owner(s): GLL SELECTION II FLORIDA LP Name of Applicant if different than owner: Apple Signs, Inc. Address: C/O Agent City: State ZIP - Telephone: C/O Agent Cell: E-Mail Address: C/O Agent Name of Agent: Zachary W. Lombardo Firm -Woodward, Pires & Lombardo, P.A. Address: 3200 Tamiami Trail N. Ste. 200 aples Telephone: (239) 649-6555 Cell: E-Mail Address: zlombardo@wpl-legal.com; kchylinski@wpl-legal.com PROPERTY INFORMATION 3.C.d State:FL Zlp34103 Provide a detailed legal description of the property covered by the application. If space is inadequate, attach description on a separate page. Property I.D. #: 66760012822 Section/Township/Range: 11 /49 /25 Subdivision: PINE AIR LAKES UNIT 5 Metes & Bounds Description: Address of Sign Location 5795 AIRPORT RD N Unit:5 Lot:4 Block: Current Zoning CPUD Land Use of Subject Parcel: RESTAURANT If a wall sign, length & height of wall upon which the Sign will be secured: 00 CN 09/2022 Pa lu Packet Pg. 245 Cor County 3.C.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov NATURE OF PETITION 1. On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, e.g. reduce setback from 15 ft to 10 ft; why encroachment is necessary; how existing encroachment came to be; etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a-f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would present unnecessary and undue hardship on the applicant. c) That the special conditions and circumstances which are peculiar to the land, structure, or building do not result from the actions of the applicant. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this N sign code to other lands, structures or buildings in the same zoning district., e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, structure or building. f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Pre -Application Meeting and Final Submittal Requirement Checklist Sign Variance Chapter 3 1 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 or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application ✓ Pre -Application meeting notes Affidavit of Authorization signed and notarized ✓ Property Ownership Disclosure Form Completed Addressing Checklist ✓ Location Map depicting major streets in area for reference ✓ Survey or Site Plan of Property Once the first set of review comments are posted, provide the assigned project manager the Property Owner Advisory Letter and Certification ❑ ❑ 09/2022 Pa Pac et Pg. 246 Collier County 3.C.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ASSOCIATIONS Complete the following for 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. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner / Civic Association: Mailing Address: City: Name of Homeowner / Civic Association: Mailing Address: City: Name of Homeowner / Civic Association: Mailing Address: City: Name of Homeowner / Civic Association: Mailing Address: City: FEE REQUIREMENTS Pre -Application Meeting: $500.00 State: ZIP: State: ZIP: State: ZIP: r 00 N m State: ZIP: U ❑� Sign Variance Petition: $2,000.00 �✓ Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 �✓ Fire Code Plans Review Fee: $50.00 All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov /s/ Zachary W. Lombardo Signature of Petitioner or Agent Zachary W. Lombardo, Esq. Printed named of signing party 11 /16/2023 09/2022 Pa ac et Pg. 247 3.C.d colfler county Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION a) 00 0 0 *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] N 66760012822 0 N J d *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] PINE AIR LAKES UNIT FIVE LOT 4 00 STREET ADDRESS(ES) where applicable, if already assigned. .. 5795 AIRPORT RD N m Y U M d R PROJECT INFORMATION L Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing a - Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your Y submittal. M m a� c CURRENT PROJECT NAME a� 2 PROPOSED PROJECT NAME V Mission BBQ Sign Variance c PROPOSED STREET NAME(s) t Q LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] r E t .r a Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl. qoy Packet Pg. 248 3.C.d Narrative Co m 0 Z 0 L Q L a LO ti U) Co Co r O O M N O N J d T C 0 E t V R Q r C d E t V fC r a Packet Pg. 249 3.C.d Mission BBQ — 5795 Airport Road North Woodward, Pires & Lombardo, P.A. Collier County Sign Variance Nature of Petition Explanation of variance requested/Narrative Statement: A variance to section 5.06.04.F.2.a. and 5.06.04.F.4 to allow a third sign for the Subject Property not to exceed 60 square feet. (Note section 7.06 of the applicable PUD ordinance states that signs in the PUD are to be regulated per the LDC.) The site plan is enclosed as "Exhibit A". The Subject Property is a single -occupancy commercial out -parcel with double frontage located in the Pine Air Lakes PUD (Ordinance 07-32, as amended) and the Promenade at Naples Centre Development (SDP-2007-AR-12147), on which a 4,005 square foot commercial building is located and used as a restaurant. The pre-existing design of the building is such that the front of the building does not allow for one sign that can be seen from the front of the building, but instead requires 2 signs. Further, the property itself is situated in a development which has a design that favors access from the North, as 00 opposed to from the East, where the front of the building is located. The current total square footage of signs is 70.02 square feet. The building and site was previously not a restaurant, but a bank. For the below reasons, this variance should be granted. Variance Criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. Special conditions and circumstances exist which are peculiar to the land, structure, and building involved, and which are not applicable to other lands, structures, or buildings in the same district. The Subject Property sits, on its North side, along an internal, public, connector road and is positioned on the far South end of Tract A of the Pine Air Lakes PUD. Thus, a volume 1 of 4 Packet Pg. 250 3.C.d Mission BBQ — 5795 Airport Road North Woodward, Pires & Lombardo, P.A. of invitees to the Subject Property, based on the design of Tract A of the Pine Air Lakes PUD, access the Subject Property from the North side despite the property having frontage on Airport -Pulling Road to the East. This is unique to the Subject Property. The balance of the buildings in Tract A have their front or rear oriented to the direction of access. Further, the pre-existing building has an architectural detail that does not allow one sign to be seen from the front of the building, but instead requires two. b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would present unnecessary and undue hardship on the applicant. A literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, specifically in Tract A of the Pine Air Lakes PUD, and would present unnecessary and undue hardship on the applicant. r CO There is no similarly situated property as to the North -side access road. c) That the special conditions and circumstances which are peculiar to the land, structure, or building do not result from the actions of the applicant. The special conditions and circumstances which are peculiar to the land, structure, or building do not result from the actions of the applicant. The applicant did not apply for the initial zoning nor design the layout of Tract A nor did the applicant design the building. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. Granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures, or buildings in the same zoning district. There is no similarly situated property as to the North -side access road. 2 of 4 Packet Pg. 251 3.C.d Mission BBQ — 5795 Airport Road North Woodward, Pires & Lombardo, P.A. The total square footage of wall signage for the building, if this variance is approved will be 129.38 square feet (35.01 for each front facing sign and 59.36 for the North facing sign). The maximum square footage of signs on this parcel as it has double frontage is 300 feet across 2 signs. This consists of two 150-foot wall signs. Even if there was not double frontage, as this is an outparcel, this building would be entitled to 210 square feet of signage. This variance is asking for less than half as much signage, but, distributed over 3 signs. This is significant because for all other outparcels, more signage than is being applied for here is permitted. And, as shown in Exhibit B, all outparcels have an additional sign. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, structure or building. The variance granted is the minimum relief that will make possible the reasonable use of the land, structure, or building. By allowing the 1 additional sign and a total signage under 50% of what is otherwise a. entitled, the applicant will be provided the minimum relief to allow reasonable use of the Subject Property because otherwise, the substantial amount of those accessing the Subject CO Property will not be able to determine what the Subject Property is, depriving the Subject Z Property of reasonable use consistent with the other outparcels in Tract A of the PUD. M f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The purpose of the Sign Code is: The purpose of this sign code is to provide minimum control of signs necessary to promote the health, safety and general welfare of the citizens of Collier County, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county 3 of 4 Packet Pg. 252 3.C.d Mission BBQ — 5795 Airport Road North Woodward, Pires & Lombardo, P.A. and lead to economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county, by assuring good and attractive design that will strengthen the county's appearance and economic base, and by preserving the right of free speech and expression in the display of signs. § 5.06.01.A., LDC. This application is consistent with that purpose. In part this is because the total square footage of signage is no greater than what would otherwise be permitted, even if the building did not have double frontage, and even if the building was not an outparcel. Here, it is both. For the reasons above, this variance should be granted. oo N 4of4 Packet Pg. 253 3.C.d Property Ownership Disclosure Co m 0 Z 0 L Q L a LO ti U) Co Co r O O M N O N J d T a Packet Pg. 254 C,fo) e-r County 3.C.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov I PROPERTY OWNERSHIP DISCLOSURE FORM J 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 p�r'on+nan of cllrh intaract [4 Name and Address % of Ownership N/A If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage of stock owned ay eacn: Name and Address % of Ownership N/A If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CI I.CIIIdK,C U1 III U1 cap. Name and Address % of Ownership N/A r 00 N 01/2023 P Packet Pg. 255 3.C.d Co*r County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Please see "Attachment A" d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of e general and/or limited partners: Name and Address % of Ownership GLL Selection II GP Corp. 420 S Orange Ave Suite 190 Orlando, FL 32801 100 e f g 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 r11cer5, SIUCKnUIuer J, ueiieiiudi le:), vi i1d1 UICI J. Name and Address % of Ownership N/A Date of Contract: N/A If any contingency clause or contract terms involve additional parties, list all individuals or of ricers, n d wrNurduvn, NdlLiierainN, Ul uu�i. Name and Address N/A Date subject property acquired N/A ❑ Leased: Term of lease N/A years /months If, Petitioner has option to buy, indicate the following: r 00 N 01/2023 pa Packet Pg. 256 Coder County 3.C.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov Date of option: N/A Date option terminates: Anticipated closing date: www.colliercountyfl.gov N/A N/A or I AFFIRM PROPERTY OWNERSHIP INFORMATION I Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Kevin Hall Agent/Owner Signature As Agent for GLL Selection II Florida LP, Kevin Hall, Property Manager Agent/Owner Name (please print) 08/29/2023 Date r 00 N 01/2023 P Packet Pg. 257 3.C.d ATTACHMENT A Property Ownership Disclosure - GLL SELECTION II FLORIDA LP I, Brandon Benson, as officer of GLL SELECTION II GP CORP., sole general partner of GLL SELECTION II FLORIDA LP attest to the following in conjunction with the Property Ownership Disclosure form for this project, as of the date of this attachment: 1. The Owners consist of one institutional firm. It is not involved in the day-to-day operations nor management of the ownership entities. None of the officers or employees of Owners who are involved with the day-to-day operation and management of the Owner is a close relative of a County employee, the Collier County Hearing Examiner, Collier County Planning Commissioner or Collier County Board of County Commissioner. 2. None of the officers or employees of Owners who are involved with the day-to-day operation and management of the Owners have business dealings with the Collier County Hearing Examiner, any member of the Collier County Planning Commission, or any member of the Board of County Commissioners directly or through a corporate entity. 3. None of the beneficiaries or equitable owners of Owners are related to or have business dealings with r the Collier County Hearing Examiner, any member of the Collier County Planning Commission, or any N member of the Board of County Commissioners directly or through a corporate entity. The foregoing information is to the best of my knowledge and offered solely in my capacity as President of GLL SELECTION II GP CORP., Sole General Partner of GLL SELECTION II FLORIDA LP. GLL SELECTION II GP CORP., B, Date: Name: Brandon Benson 22 January 2024 Title: President of GLL SELECTION II GP CORP., Sole General Partner of GLL SELECTION II FLORIDA LP Packet Pg. 258 3.C.d Affidavit of Authorization CO m 0 Z 0 L Q L a LO ti U) CO CO r O O M N O N J d T C 0 E t V R Q r C d E t V fC r a Packet Pg. 259 3.C.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Kr%in Haq (print name, as A9enq far GLL Stgeclion II F7arida. LP and Property Manager (title, If applicable) of GLL sELECTroN n FLORIDA LP (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaserand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. Alf answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4_ The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize woodward, PUes&+ aD, PA. to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes. Go * if the applicant is a corporation, then it is usually executed by the corp. pries. or v. pres. c * If the applicant is a Limited Liability Company (L.L C.) or limited Company (L C.), then the documents should N typically be signed by the Company's "Managing Member." N a 1f the applicant is a partnership, then typically a partner can sign on behalf of the partnership. a * 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' o . 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 tread the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature � � Date STATE OF FLORIDA COUNTY OF COLLIER The foregoin instrurnent was adcnowleged before me by means of �physicai presence oronline notartzation this day of 20.2 �, by (printed name of owner or qualifier) _ Such person(s) Notary Public must check applicable box: W Are personally known to me Has produced a current drivers license El Has produced ab idenfification. Notary Signatu CP1O"OA-00115%] 55 REV 3/4/2020 q' Iris z. STEPHANIE MARIE BEAN ';� Notary Public • State of Florida ®,_' Commission # HH 373241 orn ,.� My Comm. Expires Mar 14, 202.7 'ended through National Notary Assn. Packet Pg. 260 3.C.d Drawings EXHIBIT Co m 0 Z 0 L Q L a LO ti U) Co Co r O O M N O N J d T a Packet Pg. 261 (099 uoissiW N c3m 3jodj!tl 96L9 AS 868140OURld : MOZ) 40MOud sleueleW dnMoLS 6uueeH - 0 lu8wy3e14y :au8wtl3BPV • %m mmnN2 awiss as #ate rd,*K+ m3ed siamwmjo m e w-am_Ll3e m a8wLl3e m ) ■ §e �} \ 04 ��§ ( ' El 2 ■ 2 \ � » � cocc - (§_■ z 0- _ \x/ `)\\ k 2 - !/#! ■ \ \ 0 ■ - 2 6 . 4.°.§ - m 0 i)]\k(\ \ 91 }w\\\ \\\ §E■] §�§; !§ � §� % _ - w V) \)| §CL o �� § \a _ � ��\\ ) %m mmnN2 awiss as #ate rd,*K+ m3ed siamwmjo m e w-am_Ll3e m a8wLl3e m §tR-. §) § k OZ ( '\\ ■F \ \{/\ ( \/ \ [■ 2121■I■ z;}6§§ ?: :\�\\}} \\\\j _ 000000e. so })\ jiz \ \ \ \ � \ | ( � ! , \2 _ jj .! }) /-/ mum H! \ }\ � § Q&! � \ \\} 22 - -/§ /� - Iz , §E■] k� ■�§a I m - )j §§ Iz _ §�# : % w2 )k ton \)| � §�; � § }/ ��\\ g uoissiW N (]N li0djiV 96L9 AS 8684L00£ZOZId : MU) 3a)l3ed siBlielBW dnpog BuueaH - O 3uawy3eAtl :3uawyOL'PV _ s E off t W mmU d o y H-1 « > o Ud « E jU « «d E �rU Y `« N" c ��' mmt crq `ma -v 3 N c �A- N c c E Q 2 ._ t%I � c c� E! Y � ._ � fn c M 0'3 5 Q QQ Hy QQ=C HHHy QQ YJgo N SW cEo� '- �o m'a'1 c� :2 ill a m o a c $g= os3 sza S& E E E zg.2o W O � = H gw 0 a� Z JZOf Of ZU co JZZ ® ca co LU 0: �>0 ® ~� ovO w Op >O} >m r1U) DO >O} — 2co X� wO NQCO IL 0 oO in a C— z ®a 0 BE] -i =v a Q N o a 0 N 00 'o co U Z w 2 w O W Z Q w J LU m 2 W < LL � J U O W W 2 m } W LU Y H co J U m w Z Q U ZZU a L) LU L 0OZ II 0 m Q U 6 Q p w (9mW0IL 0 LU Z_ z_ 0 m Z c emmnwa awiss as PME rd,*4+ m3ed siamwmp m e w-am_Ll3e m a8wLl3e m P I G � % WE � - \)| \ \\ _ � ��\\ 3.C.d EXHIBIT B r r 00 N. Packet Pg. 267 R-rw At w I A W 3.C.d AGENT LETTER Co m 0 Z 0 L Q L a LO ti U) Co Co r O O M N O N J d T a Packet Pg. 271 3.C.d AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. (Sign re pnt)co r r State of Florida N County of Collier The foregoing Affidavit of compliance was acknowledged before me this 3' dav of , 2024 by Zachary W. Lombardo , who i erwnalfy nown to me of who has produced as identification. (Signature otary Public) (Notary Seal) Printed Nam Notary ��.�r poi MARY CLARE BROUMAN Notary Public • State of -zrica `• " Commission t HH 4e7's: orn MY Comm. Expires Sec 25. ?C27 P Bonded through Nations, rot,., A,s. } �xe••yer• Packet Pg. 272 3.C.d EST.1971 MARK J. WOODWARD Board Certified. Real Estate Law and in Condominium & Planned Development Law ANTHONY P. PIRES, JR. Board Certified- City, County, and Local Government Law J. CHRISTOPHER LOMBARDO ANTHONY J. DIMORA Licensed in FL and OH LENORE T. BRAKEFIELD CRAIG R. WOODWARD Senior Counsel Board Certified: Real Estate Law KENNETH V. MUNDY ZACHARY W. LOMBARDO Board Certified City, County and Local Government Law CAMERON G. WOODWARD ROSS E. SCHULMAN Licensed in FL and NY F. SCOTT PAUZAR, III REPLY TO 0 3200 TAMIAMI TRAIL N. SUITE 200 NAPLES, FL 34103 239-649-6555 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE SUITE 500 MARCO ISLAND, FL 34145 239-394-5161 239.642-6402 FAX WWW.WPL-LEGAL.COM WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW January 30, 2024 By Mail MJB REAL SWEET DREAMS LLC 840 LAKE RD. BROOKFIELD, WI 53005-5722 Dear Property Owner: Please be advised that the sender, on behalf of the property owner, GLL SELECTION II FLORIDA LP, 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: 5795 Airport Road North, within the Promenade at Naples Centre Development, and also described as Lot 4, Pine Air Lakes Unit Five, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. It is our client's intent to ask the County to allow it a sign variance from Land Development Code Sections 5.06.04.F.2.a. and 5.06.04.F.4. to allow a third wall sign, not to exceed 60 square feet, for a single -occupancy out -parcel with double frontage on the aforementioned property. You are encouraged to contact the sender of this letter in the event 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. Sincerely, Zachary W. Lombardo, Esq. 3200 Tamiami Trail North, Suite 200 Naples, FL, 34103 (239) 649-6555 Packet Pg. 273 3.C.d EST. 1971 MARK J. WOODWARD Board Certified: Real Estate Law and in Condominium & Planned Development Law ANTHONY P. PIRES, JR. Board Certified: City, County, and Local Government Law J. CHRISTOPHER LOMBARDO ANTHONY J. DIMORA Licensed in FL and OH LENORE T. BRAKEFIELD CRAIG R. WOODWARD Senior Counsel Board Certified: Real Estate Law KENNETH V. MUNDY ZACHARY W. LOMBARDO Board Certified: City, County, and Local Government Law CAMERON G. WOODWARD ROSS E. SCHULMAN Licensed in FLand NY F. SCOTT PAUZAR, III REPLY TO O 3200 TAMIAMI TRAIL N. SUITE 200 NAPLES, FL 34103 239-649.6555 239.649.7342 FAX ❑ 606 BALD EAGLE DRIVE SUITE 500 MARCO ISLAND, FL 34145 239-394-5161 239.642-6402 FAX WWW.WPL-LEGAL.COM WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW January 30, 2024 By Mail GLL SELECTION II FLORIDA LP GLL REAL ESTATE PARTNERS 200 S. ORANGE AVE. STE. 1375 ORLANDO, FL 32801-3415 Dear Property Owner Please be advised that the sender, on behalf of the property owner, GLL SELECTION II FLORIDA LP, 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: 5795 Airport Road North, within the Promenade at Naples Centre Development, and also described as Lot 4, Pine Air Lakes Unit Five, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. It is our client's intent to ask the County to allow it a sign variance from Land Development Code Sections 5.06.04.F.2.a. and 5.06.04.F.4. to allow a third wall sign, not to exceed 60 square feet, for a single -occupancy out -parcel with double frontage on the aforementioned property. You are encouraged to contact the sender of this letter in the event 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. Sincerely, g"7 -(A) -1_4.-� Zachary W. Lombardo, Esq. 3200 Tamiami Trail North, Suite 200 Naples, FL, 34103 (239) 649-6555 co N Packet Pg. 274 :podany 96L5 AS 868MOCZOZld : M86 1031oed slepelew do)loe8 6uPeaH - 3 Iu8wt438llV :;u8wLI38RV U N Ci Cb a r a� Y V c4 a 3ovisod sn M J O g01 �vQj to N y C ~ ppQ N O�M Q 1L-26400 U J J N fn CV .E ~ Q W � O 0 cc) H � W W p Q- J J W Q W LL LLJ Y 0 mo0o om 19A :podany 86LS AS 868MOCZOZld : M86 1031oed slepelew do)loe8 6uPeaH - 3 Iu8wt438llV :;u8wLI38RV U N Ci Cb a r a� Y V c4 a 3ovisod sn J O 2 G� cif Lo acpp N N p V � y y �ON N c W OA_fo QLL��700 aU)LO � awoz 0 (/) It � LLawr- -LUQco Z Q W M Wo Z LL ULLI�Q W W Z U)X0< JJ�Q' C90NO ® F tom|¥ 96L AS 86 #ADD£ OZ d: M86 931:)B d mepelem dnjoe g BuPeeH.o; ewt4ae■;;¥:; ewLI38 n¥ d ui w [ § o]E2§ U.)}kk k � 4 �/ Q)((( )}}§ zzzz zzzz -m :3 =); �mmm§ -3 ««XIr « « $¥£q ( / .q )))� J --- R 2 §]]]¥ Z�»»E k kkkU- zzz� � 55s0 §§±I �j UA m §■±■ 20z @!§ !k� ( (, \-ee ° /§ 22B &' §Qq$$ o2<«< 000 zzz Ea-i xw02 &m /22 22v aaa �!V co2co �!§ [[[ a . .. ■tL§(( (sosIQ# CLf3�LU�n �'f §§§W © « �� @§§j G � o %\ www< ta-§§§! ��A■%%%F- ! 8 -A wp �`jL §§§2 00 a5 $�§ t(n*W z1 G))2 j ( � 6 a \ a 3.C.d SIGN POSTING AFFIDAVIT r r 00 N Packet Pg. 278 3.C.d (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED ZACHARY W. LOMBARDO, ESO., AS AGENT FOR THE APPLICANT, AND AFFIRMED THAT PROPER NOTICE, AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY T CODE, HAS BEEN POSTED ON THE PARCEL COVERED IN PETITION NUMBER 0230014898. SIGNATU APPLI OR A ENT ZACHARY W. LOMBARDO, E IQ. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 3200 TAMIAMI TRAIL N. STE. 200 STREET OR P.O. BOX NAPLES, FL 34103 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 27th day of February , 20 24, by Zachary W. Lombardo ,],personally known to me or [_] who produced as identification and who'did/did not take an oath. KAITLIN E. CHYLINSKI =o`;Notary Public State of Florida Commission # HH 103252 Signature of Notary Public My Commission Expires March 10, 2025 Kaitlin E. Chylinski Printed Name of Notary Public My Commission Expires: Nara,k 101 2025 (Stamp with serial number) v oo N Rev. 3/4/2015 Packet Pg. 279 ab :podjiV 96LS AS 868-M0£ R-ld : 6VM) 1011oed slepejew dnijoe8 6uiaeaH - a Iuauayoejjd :;uGWLj38jjV V N! 0 00 N 6 IL �a IL ci M ON }aodaid 96LG AS 869KOO£ZOZld LKSZ) W138d slepejew do)loee 6uiaeOH - 3 Iu8WLI3e;ld :;uauayoellV 00 N " a f ' a 3.D 03/14/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.1) Doc ID: 28142 Item Summary: Petition No. BDE-PL20230008785— Request for a 9-foot boat dock extension from the maximum permitted protrusion of 20 feet or 25 percent of the width of the waterway, whichever is less, for waterways less than 100 feet in width, to allow construction of a boat docking facility protruding a total of 29 feet into a waterway that is 80 feet wide. The subject property is located at 295 West Avenue, also known as Lot 12, Block C, Little Hickory Shores Unit 1, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 Meeting Date: 03/14/2024 Prepared by: Title: Planner — Zoning Name: John Kelly 02/22/2024 2:44 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/22/2024 2:44 PM Approved By: Review: Hearing Examiner (GMD Approvers) David Merino Review Item Skipped 02/23/2024 1:13 PM Operations & Regulatory Management Michael Stark Review Item Completed 02/26/2024 11:39 AM Zoning James Sabo Review Item Zoning Ray Bellows Review Item Growth Management Community Development Department David Merino Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending Skipped 02/26/2024 9:19 AM Completed 02/26/2024 4:26 PM GMD Approver Completed 02/27/2024 11:57 AM Completed 02/27/2024 3:14 PM 11Bi`EWIN I01Rlow IV, Packet Pg. 283 3.D.a Co er Couf.ty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 14, 2024 SUBJECT: BD-PL20230008785, 295 WEST AVENUE - BIRNBAUM DOCK PROPERTY OWNER/APPLICANT: Steve Birnbaum 10951 Gulf Shore Dr., #1002 Naples, FL 34134 REQUESTED ACTION: AGENT: Nick Pearson Bayshore Marine Consulting, LLC 2025 Monroe Ave. Naples, FL 34112 The petitioner requests a 9-foot boat dock extension from the maximum permitted protrusion of 20 feet or 25 percent of the width of the waterway, whichever is less, for waterways less than 100 feet in width, to allow construction of a boat docking facility protruding a total of 29 feet into a waterway that is 80± feet wide, pursuant to Section 5.03.06.E.2 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located at 295 West Avenue, further described as Lot 12, Block C, Little Hickory Shores Unit 1, in Section 5, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 0.23 acres, is described as a canal side -end lot, and is located within a Residential Single-Family-4 (RSF-4) Zoning District. The two waterfront property lines measure 40 feet and 45 feet, for a total of 85 feet of water frontage that is stabilized by a seawall on a canal measuring 80± feet wide. No dock facility presently exists at this location. The proposed dock facility comprises two triangular docks with a boat lift between them that has been designed to accommodate a single 38-foot vessel. Per LDC Section 5.03.06.E.7, all dock facilities (except boathouse) on lots at the end or side end of a canal or waterway shall have a side setback of 7.5 feet. In this case, the vessel extends beyond the physical dock on both sides; therefore, the provided setbacks are declared to be 7.5 feet to both the north and west side/riparian lines. BD-PL20230008785 — 295 West Ave Page 1 of 10 February 20, 2024 Packet Pg. 284 ()iood wnequai8 3AV ISOM 56Z a8 58L8000£ZOZ-ld : Z'P686 tiZOZOZZO;aodab }}e;$ quawtpeliv Lo A r w on o h to - = �' F V Y r ~ -3Aw FA D LL IL � cl y M � T as o Y. h A,7 s T. { .,, f1 - � p .t •t � � . � r v s IL L H 4 a C .0 N c4 0 /�J u 0 J Li 00 ti co Q C) (114 C) N J 43 E D C 4 Lo co N d d Y V w d 3.D.a SURROUNDING LAND USE & ZONING: North: Canal/waterway and a single-family dwelling located within a Residential Single- Family-4 (RSF-4) Zoning District East: West Avenue, then a single-family dwelling located within an RSF-4 Zoning District South: 3rd Street (Right -of -Way) then Shores Club clubhouse within a Residential Multiple-Family-12 (RMF-12) Zoning District(RMF-12) West: Single-family dwelling within an RSF-4 Zoning District Aerial — 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 on a manmade canal adjacent to Little Hickory Bay. The proposed docking facilities will be constructed waterward of the existing seawall. The shoreline does not contain native vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet 6 of 9 of the Site Plan provides an aerial with a note stating that no seagrasses were observed within 200 feet. This project does not require an Environmental Advisory Council Board (EAC) review because this project did not meet the EAC scope of land development project reviews as identified in BD-PL20230008785 — 295 West Ave Page 3 of 10 February 20, 2024 Packet Pg. 286 3.D.a 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. For the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The subject property is located within an RSF-4 Zoning District, for which this criterion allows up to two slips. The proposed dock facility comprises two triangular docks that will support a single boat lift for the mooring of a single vessel. 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.) Criteria met. The applicant's agent states: "Water depths directly adjacent to the seawall are not adequate for the proposed vessel to launch from, were it to be moored in a true shore parallel configuration, within 20 feet of the face of the seawall." Staff concurs per the Cross Sections provided on Sheets 4 and 5 of 9 (See Attachment A). 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. There is no marked or charted navigable channel at or adjacent to the proposed project location. Therefore, no marked or navigable channels will be affected by the proposed project. 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.) BD-PL20230008785 — 295 West Ave February 20, 2024 Page 4 of 10 Packet Pg. 287 3.D.a Criterion not met. The applicant's agent states: "The proposed dock project occurs at the end of a linear canal approximately 80 feet in width. The dock itself will be constructed entirely within 20 feet of the standard 20 feet/25 percent width -of -waterway restriction. Only the vessel will overhang the protrusion limit. The vessel will protrude 29 feet into the waterway from the face of the seawall, or approximately 36 percent of the width of the waterway. The property opposite the project site has only a small marginal dock on the canal's terminal side, so 50 percent of the waterway will be maintained for navigation." Staff concurs. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant's agent states: "The docking facility has been specifically designed so as to optimize navigation to both the subject property and to the neighboring dock to the west. The neighbor to the north should remain unaffected by the proposed project design. Our opinion is therefore that the design as proposed is the most preferred so as to maintain public navigation of the area. If the subject property's dock was built within the standard protrusion code, mooring would need to occur either in an east -west configuration or a north -south configuration. The east - west configuration would obstruct access to the west neighbor's slip as their slip is 29 feet long but the space within the common riparian setbacks amounts to just 22.5 feet. A north - south configuration may work for the applicant but would entail navigating very closely to the north neighbor's dock and seawall during ingress and egress of their vessel. If this neighbor decided to build anything besides the existing structure, then their dock could be rendered more difficult or impossible to use. Our opinion, again, is therefore that the design as proposed is the most preferred so as to maintain public navigation of the area." Staff ;K011LqnK*1 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 is a corner lot and so the shoreline is configured in an L-shape where ingress and egress can only occur essentially from one side; the west. Standard lots in this area have 15-foot setbacks. The typical dock facility for the area therefore can utilize two combined side setback voids (totaling 30 feet) for navigation to and from their docks. The subject property, since it is a corner lot, is required to provide only 7.5-foot side setbacks. This means that the combined side setbacks available for utilization during ingress and egress of a vessel to the applicant's dock amounts to only 22.5 feet (the neighbor's 15 feet + the applicant's 7.5 feet). Furthermore, the west neighbor has constructed a dock so that their vessel will not be able to navigate in and out of its slip if the full area within the subject property's side setbacks BD-PL20230008785 — 295 West Ave February 20, 2024 Page 5 of 10 Packet Pg. 288 3.D.a is utilized." Staff concurs; however, for dock purposes, would refer to this property as a side -end lot. 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 facility will utilize only approximately 324 square feet of decking, which is smaller than almost every other dock on the canal. Therefore, we believe the decking proposed is not excessive and that this criteria is met." Staff concurs as the proposed design makes sense given the obstacles that were encountered during the design of the subject facility. 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.) Criterion met. The subject docking facility has been designed to accommodate a single 38-foot vessel, LOA, and the subject property's linear waterfront is 85 feet; therefore, the vessel will occupy less than 50 percent of the total waterfront. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The applicant's agent states: "The proposed dock and vessel are located in the corner of the canal and so should not cause any obstruction or impacts to views of the neighbors at all. Furthermore, the use of the dock for private, single-family recreational purposes is not changing, and so our opinion is that any change in views caused by the project will not be major." Staff concurs and further notes that there are no residences immediately adjacent to the waterway to the east, there is a roadway separating the properties. 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 is not applicable. The proposed project is for a single-family residential boat dock facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable for this boat dock proposal. BD-PL20230008785 — 295 West Ave February 20, 2024 Page 6 of 10 Packet Pg. 289 3.D.a Staff analysis finds this request complies with four of the five of the primary criteria and five of the six secondary criteria with the sixth criterion being not applicable. As of the date of this Staff Report, no public opposition has been received. CONCURRENT LAND USE APPLICATIONS: There are no known concurrent land use petitions. 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 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. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report. RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BD- PL20230008785 in accordance with the Proposed Plans provided within Attachment A. Attachments: A. Dock Plans B. Boundary Survey C. Applicant's Backup; Application and Supporting Documents D. Public Hearing Sign Posting BD-PL20230008785 — 295 West Ave February 20, 2024 Page 7 of 10 Packet Pg. 290 ()Iooa Lunequji8 3AV ISOM 96Z (38 SOL8000£ZOZ-1d ZVLOZ) Sueld 31300 - V IuOwLl3e};d :;uOwt43e;;d � rn G N M a /�1 6 M ..go m w w U- Y W Z w F- az O as o ti°' M w LL -"� ? d' fn U)N N N LL W W O LL O H w J wa to Moq 1714 Lc) aU) LU la O O fA N O w N IiY Z N m N� X) Z a Z Z W Z_ � co —ja N FOR O U F- a LU wo �W� W }oNz O U) w �~ inwo0 L m Z Z 0 0a t9 wUaU O w Q � 0 QO 0 x D 0 fn U cn H N a ww ZF- aw • U 0 o- z , •A � O I J � �i la.-. +v• afn � gyp, - � w�s , •T��•ry y- _ ... w • r . a � .GI$`�� bl s t rr. �r A try a. 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Suffix: H Effectivee Date: 05/16/2012 Flood Zone:AE BFE IO'NA.V.D. 1988 NO OTHER PERSON OR ENTITYMAYRELYON MIS SURVEY Legal Description As Furnished: DAIS SURVEY ORANIJ er BENCHMARK Lot 12, Block C, LITTLE HICKORY SHORES, UNIT NO.1, according to the plat thereof as recorded in Plat 11/J/2070 NG Book 3, Page (s) aof the Public Records of Collier County, Fonda. C ERON DATE' chnwm e LAND SERVICES, INC. 11/16/2020 I ,rs AMEND 7BM : 0112112021 18073. & C. Boulevard Fe% 239-591-0778 ADDED SEAWALL ELE✓Anw& a2ys, Naples7502 da 34109 nchmandande23g-591-1195 L.B. #7502 WWw.benchmarklandsBrviCes.Com AMEND ADDRESS: 06/10/2021 BEARINGS SHOWN HEREON ARE BASED UPON AN ASSUMED BEARING OF S 89°46'00" W FOR THE NORTH R/W OF THIRD STREET WEST. L-1=S89°4600"W 75.00'P. S 89°3752" W 75.09' M. L-2= N 89°46'00"E 45.00' P. & M. L-3 =N 00°33'00" W 40.00' P. & C. L-4=N0005256"E 40.01' LOT (SURVEY TIE -LINE) BLOCK C L-5 =N 89°46'00" E 30' P. s'° FENCE N89°5546"E 29.78'C. FE CEO l FND518 " . m L-6 =N 89°56'06" E 28.78' M. 000'E. . vs0'w 6z• L-5 I.R. LB 6569 (SURVEY TIE -LINE) FND. MAG I N. & D. LB7502 L-6 79' CANAL fi.D 79• O 80' R/W (P.) r zs w 29.80• 55' O � a sEAwALL FND. 1/2" s.D• °' o 4.1' 4. r I.R. LB 7502 75' 59' FND.1/2" I.R. LB7502 2.0' L-2 4.s• 5. r 10•REARYARD 29.83' a 54. 6.2' rn I 6.4' I I I ZZ 00 rr^^ vJ 0 0 74.90' I w w y l go I LOT 92 77'o O l 4 H y BLOCK C I (VACANT) t o 1� y ,' 1 I I SET PK NAIL L87502 m m023A..B t y cilo ^ TBM#1 °I A✓ir Wrdth: 74.96' a to �°� � I ELEV.= 9.00' LOT 93 0 Z,' 77 BLOCK C 74.ss 0 5° zo I I I 7504' 25' FRONT YARD Q Z TEL. ON 2 p CONC FND. 1/2" O k I.P. NO I.D. w @ S.W. CORNER FND. 1/2" OFLOT20, P.O.L. LR. LB7502 6.3' L-1 70• EL.O 7s• / o 675.00' P. & 674.86' M. s.&• SET PK fi4 s.s• NAIL LB7502 TBM #2 r ELEV=6.67' 1 6.79------- f—ASPHALT 77 --- .Z2 --- �— THIRD STREET (IMPROVED) 60'R/W (P.) ABsrrrC= FOREASEMErvrs OROrHERREcroRDED ErvcuMerrarvcEs NOTs MON rHEFUT. 2 THIS CERrIF nGi1ISONLYFORTHELANDSDESCRIBEOITISNOTACERTIFICATIONOF ME, ZONING, EASEMENTS OR FREEDOM FROM ENCUMBRANCES OWNERSHIP OR RIGHTS -OF -WAY. 3. UNDERGROUND PoRTIONS OFFOOTINGS FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. WALL nES ARETOTHEFACE OF THE WALL ANDARENOT TO BE USED TO RECONSTRUCT BOUNDARYUNES. 4, NOTVALID WITHOUTTHE SIGNATUREBDRIGINAL RAISED SEAL OFA FLORIDA LICENSED SURVEYORAND MAPPER. ONLY VISIBLE ENCROACHMENTB LOCATED. a. THIS BURVEYISINTENOEO FOR USE BYTHOSETO WHOMIi IS CERTIFIED. 7 DJiUE IBoNBA MENTS STANp RELOCATED. FENCE OWNERSHIP NOTDETERMINEp. MENs/SURIEC /TO EETArvoDS, RESsTHEREOF. N WAS MADE TORROVERLATRECORARIEs B PARCEL SUBlECTTO EASEMENTS RESTRI-- RESERVATIONS, AND RIGHT-OF-WAY ON RECORD. 9. WHENLOCAT/ONOFEASEMENTSORRIGHTS-OF-WAYOFRECORO, OTHER THANTHTAT rERECORD FLATS, Is REWIRED, THIS INFORMATION MUCODEFURNISHED TO THE SURVEYOR ANO MAPPER. PER FLORIDA STATUTESI-1]051 (2)!(D�OFTHE FLORIOA ADMINISTRATIVE CODE. f0.ADDITIONSSE DELETIONS TNGPASURVEY MAPS OR REPoRTS BYOTHER THAN THE SIGNING PARTYOR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OFTHE SIGNING PARTY OR PARTIES 11. ITIS THE RESPoNSIBILITYOFTHE OWNERAND/OR CONTRACTOR TO VERIFYFLOOD ZONEINFORMAnONAND BUILDING RESTRICTIONS POINTS l hereby certify that A Survey of the hereon described property Was made under my direction per Standarda of Practice as per Chapter 5✓-17.053, FA. C. & pursuant to section 472,027, Florida Statutes. Digitally signed by Kenneth Sarrio Kenneth Sarrio Date: 2022.05.10 13:16:55 -04'00' KENNETH SARRIO Professional Surveyor & Mapper PSM No. 6348 State of Florida ENTc. EMENT REss�.sEME _ I o E _ _ a PGEL LEVA— I IA LMI CALCTEDERENCE GEN. GNNE2IDTOR NANCEEASEMOFT AEN Em PoINTaANGENCYY� SCRN SCRZI EENEOETEIN GNCRMONUMENT CATCH&LSIN B. CIILO[lNE N rz 1 inch = 30, ft. GRAPHIC SCALE 0 15 30 L ® EWER PoLE EtlanNG FIRE HYDRANT 0 HMARK uaPPosI Packet Pc I 3.D.d I Birnbaum BDE Petition 295 West Ave. Bonita Springs, FL 34134 PL20230008785 BAYSHORE MARINE CONSULTING LLC Packet Pg. 301 3.D.d 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 ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. X Application, to include but not limited to the following: N J X Narrative of request a N X Property Information 00 X Property Ownership Disclosure Form X Any other documents required by the specific petition type; such as a variance, a boat 0 dock extension; PUD amendment, rezone request, etc. m _— Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Unified Control a Q X Affidavit of Represent.,+;^^ Authorization ' U X Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with a� E Water depth, location maps etc.) NIM Information (Sign in sheet, notes, minutes and transcript/or summary) Q ✓ Include 3 thumbnail drives of video and/or audio Traffic Impact Study (TIS) Environmental Data Q Historical/Archeological Survey or Waiver Utility Letter X Deviation Justifications — Primary and Secondary Criteria Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Packet Pg. 302 3.D.d 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. 2/9/2024 Signature of Agent Representative Nick Pearson Printed Name of Signing Agent Representative Date Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\JobAides orHelp Guides Packet Pg. 303 I 3.D.d I Application Form Y V O a E 3 R C L_ m W Q N N LO M N c m LO O ti O O O O M N O N J d N O N Q 7 Y V R m N r C V Q Q Q U O E t u r Q c a� E t ca Q Packet Pg. 304 Co*eY Cau-Int y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Boat Dock Facility Extension OR Boathouse Establishment Petition Land Development Code Section 5.03.06 Chapter 3 B of the Administrative Code THIS PETITION IS FOR (check one): �✓ DOCK EXTENSION ❑ BOATHOUSE APPLICANT INFORMATION Name of Property Owner(s): Steve Birnbaum Name of Applicant if different than owner: Address: 10951 GULF SHORE DR #1002 Telephone: E-Mail Address: Name of Agent: Nick Pearson Firm: Bayshore Marine Consulting, LLC 3.D.d CityNaples State: FL Zip: 34134 Cell: Address: 2025 Monroe Ave. City: Naples State: FL ZIP: 34112 a Telephone: 239-404-7982 Cell: m E-Mail Address: Nick@BayshoreMarineConsuIting.com r c a a PROPERTY LOCATION a U c Section/Township/Range: 5 48 S 25 E property I.D. Number: 55852520000 E Subdivision: Little Hickory Shores #1 Unit: 1 Lot: 12 Block: C f° Q Address/ General Location of Subject Property: E 295 WEST AVE; 0.18 miles south of Bonita Beach Rd, 0.5 miles west of Vanderbilt Dr. Current Zoning and Land use of Subject Property: a Zoning: RSF-4 / Use: Single-family residential 03/2023 Pa Packet Pg. 305 Co*er Cou-int y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4 Single -Family Residential S RMF-12 multi -family E RSF-4 Single -Family Residential W RSF-4 Single -Family Residential 3.D.d DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): See attached narrative. SITE INFORMATION 1. Water Width: 1135 ft. Measurement from 80 ft. other (specify) 2. Total Property Water Frontage: 85 ft. 3. Setbacks: Provided: 15/7.5 ft. Required: 7 5 ft. 4. Total Protrusion of Proposed Facility into Water: 29 5. Number and Lengths of Vessels to Use Facitlity: 1. 38 ft. 2. ft. Zplat Z survey ❑ visual estimate 6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. ft. 7. List any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway of each: The property directly to the west has a dock intended to moor a single 29' LOA vessel, which appears to protrude the maximum 20' into the canal. The neighbor to the north also has a dock, which is marginal in configuration, protruding onnrnvimo+olxi G' frnm +ho nonol_onrVe cnniAioll fonn It Anne nn+ onnnor +ho+ +hic rinnlr is i icnA rani ilorki fnr mnnrinn a 0 m rn c Q Q. Q U c d z 0 r Q c m E 0 2 Q 03/2023 Pa Packet Pg. 306 Coiner COUVIty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 8. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.23 Acres 9. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property Yes No (If yes, please provide copies.) within the last year? ❑ I DOCK EXTENSION PRIMARY CRITERIA I The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the c waterfront length, location, upland land use, and zoning of the subject property; consideration should be a made of property on unbridged barrier islands, where vessels are the primary means of transportation to •- N and from the property. co (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, 3 additional slips may be appropriate.) m 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 M (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allov -Q launch and mooring of the vessel(s) described without an extension.) Q U 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an (D adjacent marked or charted navigable channel. (The facility should not intrude into any marked or E charted navigable channel thus impeding vessel traffic in the channel.) a Q 4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway, c a) and whether or not a minimum of 50% of the waterway width between dock facilities on either side of E the waterway is maintained for navigability. (The facility should maintain the required percentages.) r a 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 permitter neighboring docks.) 03/2023 Pa Ic Packet Pg. 307 • Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov DOCK EXTENSION SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/ unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage.(The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 J must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection N 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) a N BOATHOUSE CRITERIA o !4- The following criteria, pursuant to LDC section 5.03.06 F, shall be used as a guide by staff in Q. determining its recommendation to the decision maker. The decision maker will utilize the following criteria as a guide in the decision to approve or deny a particular Boathouse request. In order for the m request to be approved, all of the criteria must be met. On separate sheets, please provide a Jn r narrative response to the listed criteria and/or questions. cc Q 1. Minimum side setback requirement: Fifteen feet. Q- Q 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone v may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. E 3. Maximum height; Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to U the peak or highest elevation of the roof. Q 4. Maximum number of boathouses and covered structures per site: One. E 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a Q palm frond "chickee" style. A single-family dwelling unit must ve constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the gratest extent practical. 03/2023 Pa Packet Pg. 308 Co*er Count y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ASSOCIATIONS 3.D.d Complete the following for 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. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: City: State: ZIP: State: ZIP: City: State: ZIP: 03/2023 Pa acket Pg. 309 Co*er Cou11t y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Pre -Application Meeting and Final Submittal Requirement Checklist for: �✓ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code 3.D.d 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 or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ✓� Property Ownership Disclosure Form �✓ Affidavit of Authorization, signed and notarized Q Completed Addressing Checklist Site plan illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Signed and sealed survey ✓� ❑ Chart of site waterway ❑ ❑✓ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. a 0 m W c M Q Q. Q U c d E t 0 r Q c m E 0 2 Q 03/2023 Pa acket Pg. 310 Co*er CDu14t y 3.D.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ Addressing: Parks and Recreation: ❑ City of Naples Planning Director ❑ School District (Residential Components): ❑ Conservancy of SWFL: ❑ Other: Emergency Management: Other: ❑ ❑ FEE REQUIREMENTS: �✓ Boat Dock Extension / Boathouse Petition fee: $1,500.00 �✓ Pre -Application Meeting fee $500.00 ❑� Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑� If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) Fire Planning Review fee: $100.00 All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Nick Pearson Printed Name 03/2023 12/11 /23 Date Pa Ic Packet Pg. 311 I 3.D.d I Narrative Statement Y V O a E 3 R C L_ m W Q N N LO M N c m LO co ti O O O O M N O N J d N O N Q 7 Y V R m N r C V Q Q Q U O E t u r Q c a� E t ca Q Packet Pg. 312 3.D.d BAYSHORE MARINE CONSULTING, LLC www.Bayshore-Marine.com • NICK 13AYSHOREMARINECONSULTING.COM • 239-404-7982 295 West Ave. - BDE Petition #PL20230008785 Narrative Description of Project Narrative description of project: (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The property at 295 West Ave., owned by Steve Birnbaum since November of 2020, is a corner canal lot that is approximately 75' wide and 160' long with a square cut out of its northwest corner for the canal frontage, which comprises the property's 85' of riparian shoreline. The lot is located in the little hickory shores subdivision of Bonita Springs. It is zoned RSF-4 for residential single-family dwelling, and accordingly contains a single-family residential structure. The waterway on which this property occurs is man-made and the parcel's 85' of riparian waterfront are stabilized entirely by vertical seawall. There are no dock structures currently at the site. The proposed dock consists of 2 triangular shaped dock segments sandwiching and providing access to a single boat slip. Each of the dock segments will remain inside of the applicant's riparian side setbacks and will comply with the typically required 20'/25% of the waterway protrusion limit as set forth in Chapter 5.03.06 of Collier County's L.D.C. The dock segments will comprise a total of 324 square feet of overwater structure. The vessel and boatlift alone will protrude a maximum of 9' beyond the 20' protrusion limit, totaling a maximum of 29' of protrusion from the MHWL/face of seawall. The need for this Boat Dock Extension arises primarily out of a need to avoid navigational difficulties for the neighbor to the west. The optimal design for a dock and boatlift structure at the subject property where a BDE can be avoided, would consist of a marginal -type dock where the boat slip would be oriented in a near parallel configuration. However, this configuration would require the applicant's vessel to utilize the entirety of the area between the canal-end's seawall and the subject property's west side setback line, which would leave only 22.5' of backing space for the neighbor's 29' LOA vessel to ingress and egress from. The proposed dock structure angles the applicant's vessel enough to allow safe and easy ingress and egress from the boatlift. And it allows the neighbor to the west the typical 30' of navigable space in and out of their boat slip. The neighbor to the north, and other owners along the canal should not be affected with regards to navigation as the proposed dock is at the terminus of the canal. Views should not be affected at all from any riparian neighbors due again to the fact that the proposed dock is at the end of a canal. Furthermore, the use and slip number proposed is consistent with the parcel's zoning allowances and surrounding properties, meaning that the changes proposed should not be construed to be major changes. There are no seagrasses or submerged resources growing nearby the project site and so no impacts to resources are expected to occur as a result of the project. In conclusion, we believe that this BDE would therefore allow the property owner to make reasonable use of the waterway and docking facility for mooring and other water -based recreational activities while also maintaining the ability to safely ingress and egress with the applicant's vessel. Page 1 of 1 Packet Pg. 313 I 3.D.d I Property Information Y V O a E 3 R C L_ m W Q N N LO M N c m LO O ti O O O O M N O N J d Q Packet Pg. 314 Collier County Property Appraiser Property Summary 3.D.d Parcel No SS852520000 Site Address *Disclaimer 29S WEST AVE Site City BONITA SPRINGS Site Name/Address BIRNBAUM, STEVE 10951 GULF SHORE DR #1002 City NAPLFS State I FL Zip 34108-1711 Map No. Strap No. Section Township Range Acres *Estimated 3A05 468100 C 123AOS 5 48 25 0.23 Legal LITTLE HICKORY SHORES #1 BILK C, LOT 12 _ Y Millage Area O 170 Millage Rates O 'Calculations V O Sub./Condo 468100 - LITTLE HICKORY SHORES UNIT 1 School Other Total 13 Use Code O 0 - VACANT RESIDENTIAL 4.459 6.0042 10.4632 E Latest Sales History 2022 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount 11/19/20 5848-2754 $ 385,000 03/16/16 5252-2287 $ 271,600 04/06/15 5137.3177 $ 455,0. 04/08/15 5137-3142 $ 0 09/12/95 2098-1084 $ 0 10/01/82 989-1431 $ 0 Land Value L m i83 (+) Improved Value W $ 0 (_) Market Value > i83 Q (-) 10%Cap i97 (_> Assessed Value _ _ 186 (_) School Taxable Value i83 (=) Taxable Value Ln 186 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Cl) 0 m L0 00 I - CD 0 CD 0 Cl) N O N J a fV T 00 N IZ 7 Y V m N a+ C V Q Q U c d E t c� tv r Q c O E t c� M .-r Q Packet Pg. 315 Collier County Property Appraiser Property Detail 3.D.d Parcel No SS852520000 Site Address *Disclaimer 29S WEST AVE Site City BONITA SPRINGS Site Name/Address BIRNBAUM, STEVE 10951 GULF SHORE DR #1002 city NAPLES State FL Zip 34108-1711 Permits (Provided for reference purposes only. *Full Disclaimer. ) Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 2023 COUNTY PRFW20220631060 I I OTHER Land Building/Extra Features # Cale Code Units # Year Built Description Area 10 SQUARE FOOT 1 10130 1 10 1 2001 1 SEAWALL 85 m Lu Q d N C m LO Co r- 00 O CD CD Cl) N CD N J a N T 00 N Packet Pg. 316 Collier County Property Appraiser Property Aerial Parcel No I SS8S2S20000 Site Address *Disclaimer 29S WEST AVE Site City BONITA SPRINGS Site 3.D.d Y O a G 7 m C L_ m W Q d Ln CA N C m In 00 r- 00 O CD CD M N CD N J IL Q Packet Pg. 317 I 3.D.d I m W Q Warranty Deed N N O� N m LO co ti O O O O M N O N J d Q Packet Pg. 318 INSTR 5958185 OR 5848 PG 2754 E-RECORDED 11/21/2020 9:30 PM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $2,695.00 REC $18.50 CONS $385,000.00 3.D.d Prepared by and return to: Cassie Long South Walton Law, P.A. 36468 Emerald Coast Parkway Unit 6101 Destin, FL 32541 850-837-0155` File Number: SWL20 321 Tax Parcel ID: 5585252700QEI°"" (Space Above This Line For Recording Dat -,,,,,-,--,,Warranty Deed This Warranty Deed made this day of November, 2020 between Fusion FL, LLC, a Florida limited liability company, whose post office address is t 500 rSterhng Lake Drive, Fort Myers, FL 33967, grantor, and Steve Birnbaum, an unmarried man whose post office address 60# North River Road, Freeland, MI 48623, grantee: (Whenever used heroin the terms "grantor" and "grantee" include all.* p@rtics to this instrument and the hers, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) 4t `i. Witnesseth, that said grantor, for and in consideratx )ntof ►e sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in and idby�said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and gra e-...5 heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida to -wit* Lot 12, Block C, Little Hickory Shores Unit 1, a suj,*%off according to the plat thereof recorded at Plat Book 3, Page 6, in the Public Records of Col ter @hull`, Florida. Parcel Identification Number: 55852520000 This conveyance is made subject to the following: 1 1. Real estate taxes accruing subsequent to December 31, 2019.y. 2. Applicable zoning regulations and ordinances. 3. All the covenants, conditions, restrictions and easements of record, ,if an ', Which may now affect the aforedescribed property and which are not hereby reimposed.° ` Grantor hereby covenants with said grantee that grantor is lawfully seized of the real propert_conveyed herein and the grantor does hereby fully warrant the title to said property and will defend the same aei th lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: DoubleTimeA Packet Pg. 319 *** OR 5848 PG 2755 *** Fusion FL, LLC, a Florida limited liability company By: Na f '51 odric diner . �Go �ManagqifWr State of Florid County of Tige foregoing instrument was acknowledged before me by means of [X] physical presence or ] online notarization, this day of Novemb ;;�1020 by Gini'Nt Goodrich of Fusion FL, LLC, a Florida limited liability company, on behalf of the company, who Lj4s' personally knowft,' to., e or [X] has produced a s "cerise as identification- aF s c'1 (Notary Seal] lic t Print LISETTE to P Print ame: Notary Public State F1 Commission I I 0 My Comm. Expires t5. 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Z�m- �_ ~ 2 Q M,f .ONF /�� 4tt211 Aa _L N21 021 f¢. - yo,ay M..0210 .09 t oPt -- _ M,FF.ONF A51 ,09 p W psi ,a Rolm o 5 AR'N Ig N00-J V7 ALONO/H 3711 /7 _ F auiJIas 707 ,9'20f1 er auoZ }saM pool j I,die ~ 1_ vOi n W w= A z � I y I YYM�O Bpi 1 I 3.D.d I Ownership Disclosure Form Packet Pg. 323 3.D.d Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (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: 7 Name and Address % of Ownership Steve Birnbaum - 295 West Ave. 100 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 324 Cottier County 3.D.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f f. Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 325 Cottier County 3.D.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Nick Pearson Agent/Owner Name (please print) Created 9/28/2017 12/11 /23 Date Page 3 of 3 Packet Pg. 326 I 3.D.d I Affidavit of Authorization y LO N m LO O ti O O O O M N O N J a- Q Packet Pg. 327 3.D.d AFFIDAVIT OF AUTHORIZATION FOR (PETITION NU (MBERS(S) r L 24 Z 3 000 8I F I, S�E�U 1j�I►UOwI (print name), as (title, if applicable) of (company, It applicable), swear or affirm under oath, that I am the (choose one) owner applicant=contract purchaser and that.- 1 . I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; :3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions impose , by the approved action. :5. We/I authorize:JC 1'2,Q(So✓l to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • If the applicant is a corporation, then it is usually executed by the core. pres. or v. pres. • If the applicant is a Limited Liability Company (LLC.) or Limited Company (L.C.,I, 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 fact;5 stated i t true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER Theloregoing instru ent was acknowleged before me by means of physical presence or Donline notarization this Zj!►+day of , 20 271 by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ,Are personally known to me D Has produced a current drivers license Notary Public State Of FloHda Nlcholas Scott Pearson Has produced as identification. My commisslon �tp� HH 2O6744 Exp.121132025 Notary Signature: CP\08-COA-00115\155 REV 3142020 Packet Pg. 328 I 3.D.d I Petition Exhibits Y V O a E 3 R C L_ m W Q N N LO M N c m LO O ti O O O O M N O N J d N O N Q 7 Y V R m N r C V Q Q Q U O E t u r Q c a� E t u ca Q Packet Pg. 329 I� G M uanequai8 3AV ISaM 56Z (18 5818000£ZOZld Zti�8Z) dnijoe8 s,;ue:)ilddb - 0 ;uaLuy:)e;;v :;uaui14OLI V c M M a v O w .. g o m w w LLL ~w a F- F Z a t wz wF- O as CD ti°' az M LL '-"� ? d' fn� N NN LLd'w H w wa aU) O O LU J fA w li>Z oho N� aZZ w O O N N N m Ln Z < Z_ co J a N O w O aLU wo WV) U W } z x o o� oNz L O y w w o 0 m Z Z 0 a Hc) wLU UaU O w 0 Q � QO 0 x D 0 fn U W H N a ww ZF- aw • U i 0 ' � Z I , •A � O � �i la.-. +v• afn � gyp, - � w�s , •T��•ry y- _ ... w • r . a � .GI$`�� bl s t rr. �r A try a. 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The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The subject property is zoned for a single-family residential unit which warrants no more than 2 slips per the CC-LDC. The proposed project consists of a dock intended to moor only a single vessel. This criteria is therefore 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.) Water depths directly adjacent to the seawall are not adequate for the proposed vessel to launch from, were it to be moored in a true shore parallel configuration, within 20' of the face of seawall. This criteria is therefore 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.) There is no navigable channel at or adjacent to the proposed project location. Therefore, no marked or navigable channels will be affected by the proposed project and the criteria is met. 4. Whether or not 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 of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The proposed dock project occurs at the end of a linear canal which is approximately 80 feet in width. The dock itself will be constructed entirely within 20' of the standard Page 1 of 2 Packet Pg. 340 3.D.d 20'/25% of the width -of -waterway restriction. Only the vessel will overhang the protrusion limit. The vessel will protrude 29' into the waterway from the face of seawall, or approximately 36% of the width of waterway. The property opposite the project site has only a small marginal dock on the canal' terminal side, and so 50% of the waterway will be maintained for navigation. This criteria is therefore not 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 docking facility has been specifically designed so as to optimize navigation to both the subject property and to the neighboring dock to the west. The neighbor to the north should remain unaffected by the proposed project design. Our opinion is therefore that the design as proposed is the most preferred so as to maintain public navigation of the area. If the subject property's dock was built within the standard protrusion code, mooring would need to occur either in an east -west configuration or a north -south configuration. The east -west configuration would obstruct access to the west neighbor's slip as their slip is 29' long but the space within the common riparian setbacks amounts to just 22.5'. A north -south configuration may work for the applicant, but would entail navigating very closely to the north neighbors dock and seawall during ingress and egress of their vessel. If this neighbor decided to build anything besides the existing structure, then their dock could be rendered more difficult or impossible to use. Our opinion, again, is therefore that the design as proposed is the most preferred so as to maintain public navigation of the area, and this criteria is met. Page 2 of 2 Packet Pg. 341 I 3.D.d I m W a Secondary Criteria y LO N m LO O ti O O O O M N O N J a r a Packet Pg. 342 3.D.d 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 is a corner lot and so the shoreline is configured in an L-shape where ingress and egress can only occur essentially from 1 side: the west. Standard lots in this area have 15' side setbacks. The typical dock facility for the area therefore can utilize 2 combined side setback voids (totaling 30') for navigation to and from their docks. The subject property, since it is a corner lot, is required to provide only 7.5' side setbacks. This means that the combined side setbacks available for utilization during ingress and egress of a vessel to the applicant's dock amounts to only 22.5' (the neighbor's 15' + the applicant's 7.5'). Furthermore, the west neighbor has constructed a dock so that their vessel will not be able to navigate in and out of its slip if the full area within the subject property's side setbacks is utilized. This criteria is therefore 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 facility will utilize only approximately 324 square feet of decking, which is smaller than almost every other dock on the canal. Therefore, we believe the decking proposed is not excessive and that this criteria is 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 shoreline of the subject property is 85' in length. The length of the single vessel proposed is 38' LOA. The single vessel does not exceed 50% of the property's shoreline. This criteria is therefore met. 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.) The proposed dock and vessel are located in the corner of the canal and so should not cause any obstruction or impacts to views of the neighbors at all. Furthermore, the use of the dock for private, single-family recreational purposes is not changing, and so our opinion is that any change in views caused by the project will not be major. This criteria is therefore met. Packet Pg. 343 3.D.d 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 J must be demonstrated.) There are no seagrass beds present within 200' of the property and so no impacts to seagrasses should occur as a result of the proposed project. This criteria is therefore 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.) Section 5.03.06 of Collier County's Land Development Code (LDC) stipulates that "multi -slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection plan (MPP)". The proposed project is for a private, recreational 1-slip dock associated with a single-family dock facility. The proposed facility does not have more than 10 slips and so is not subject to review for consistency with Collier County's MPP. This criteria is therefore not -applicable per county staffs usual interpretation of code. Packet Pg. 344 I 3.D.d I Boundary Survey Y V O 0 E 3 R C L_ m W a y O LO N m LO 00 ti 00 O O O M N O N J a r a Packet Pg. 345 3.D.d SKETCH OF BOUNDARY SURVEY SURVEY#21908 z PropertvAddress: Certified To: Flood Zone Information: 295 West Avenue Fusion FL LLC Community Number.' 120067 ol Bonita Springs, FL 34134 Panel. 1 H Effectivea Da Date:e: 051OS/16/2012 Flood Zone: AE BFE: 10' NA. V.D. 1988 NO OTHER PERSON OR ENTITYMAYRELYON THIS SURVEY. Legal Description As Furnished: as rE of wR1�Er ORANIJ B ENCHMARI� Lot 12, Block C, LITTLE HICKORY SHORES, UNIT NO.1, according to the plat thereof as recorded in Plat n/1a/2020 N. a Book 3, Page (s) 6, of the Public Records of Collier County, Flonda. COAMEAON DA7e• CAEMIF LAND SERVICES, INC. 11/16/2020 ,rs 1807JAMEND 78M : 01/21/2021 aplee & C. BOUIe09 Fe% 239-591-0778 AOLIEv SEAWALL ELE✓A 55;K- 0$ Naples7502 a34109 nchmandande23g-591-1195 G.B. #7502 Www.bBnchmaddandsBrviCes.COm AMEND AOOREBS: 05/)0/2021 BEARINGS SHOWN HEREON ARE BASED UPONAN ASSUMED BEARING OF S 89°46'00" W FOR THE NORTH R/W OF THIRD STREET WEST. L-1=S89°4600"W 7500'P. S 89°3752" W 7509' M. L-2= N 89°46'00"E 45.00' P. & M. L-3 =N 00033100" W 40.00' P. & C. L-4=N0005256"E40.01' LOT (SURVEY TIE -LINE) BLOCK C L-5 =N 89°46'00" E 30' P. FENCE 6.0• FENCE I N 89°55'46" E 29.78' C. 1.49•N. 0.96' N FND. 5/8" L-6 =N 89°56'06" E 28.78' M. 0.00' E. 1.50' w 6.T L-5 / R. LB 6569 (SURVEY TIE -LINE) FND. MAG N. & D. LB7502 L-6 79' C.B. CANAL 80' R/W (P.) r zs �_ w 2s.a0• 55' O � � sEAwALL FND. 1/2" s.0• O a 4. r(4. r l.R. LB 7502 Qs 59' I FND.1/2" I.R. LB7502 a.0' L-2 4s• 5. r ��' _10'REARYARO — 6.2• rn I I I C) rr^ vJ 0 0 70• 74.90' I w o w I LOT 12 o I m m O C Ia HI BLOCK C (VA CA NT) l a m l mFeet 10,89.00 Sq. F t 2 p _ O o, v 1123 Aces Avg. Width: 74.96' nA cep C I ,�O LOT 13 0 71 77• m BLOCK C °j 74.96' `' 516' i I �• o 6.1• m I 6.4 75' 7504' � N 25' FRONT YARD Q Z TEL. ON 2 p CONC FND. 1/2" O k LP. NO I.D. w I @ S.W. CORNER FND. 1/2" ti 2 P.O.L. LR. LB7502 s.3' L-1 ItOFLOT20, EL.� 7s s.&• 70• o / 675.00' P. & 674.86' M. 8. R. fi.3' SET PK NAIL LB7502 .55 -- -- TBM #2 r- ELEV.= 6.67' f—ASPHALT THIRD STREET (IMPROVED) 60'RIW (P.) A—c rED FOR EASEMErvrs OR OTHER RECORDED ErvcuMeRANGEs NOT— ON THE Fu r. 2 THISCERIIFIGTION IS ONLYFOR THEUN0.S DESCRIBED. IT IS NOTACERTIFICATION OF nTLE, ZONING, EASEMENTS OR FREEDOMFROM ENCUMBRANCES OWNERSHIP OR RIGHTS -OF -WAY. 3. UNDERGROUND PoRTIONS OFFOOTIN[S, FOUNOATIONSOROTHERIMPROVEMENISWER—LOCATED.WALLnESARE70THEFACE OFTHE WALL ANDARENOT TO BE USEDTO RECONSTRUCT BOUNDARYLINES. 4. NOTVALID WITHOUTTHE SIGNATURES DRIGINAL RAISED SEAL -A FLORIDA LICENSED SURVEYORAND MAPPER. ONLY VISIBLE ENCROACHMENTS LOCATED. 5. ONLY IMRVEY IS INTEND EO FOR USE BY THOSE TO WHOM IT IS CERTIFl ED. S. ONLYIMPROVEMEN SSHOWNWERE LOCATED. FENCE OWNERSHIP NOT DETERMINED. MENs/SUWEC /TO EET MEN7S, RES THEREOF N WA NG RIG OO"—YsCATeouNDARIEs a PARCEL SUBlECTTO EASEMENTS RESTRICTONS RESERVATIONS, AND RIGHT-OF-WAY ON RECORD. 9. WHENLOCAT/ONOFEASEMENTSOR 70RIGHTS-OF-WAYOFRECORO,OTHERrHANTHTAT ON RECORD FUTS, lS REWIRED, THIS INFORM4TION MUST BE FURNISHED TO THE SURVEYOR ANO MAPPER. PER FLORIN STATUTE SJ-1]051 (2)0(d)N OF ME FLORIOA ADMINISTRATIVE CODE. 10. ADDITIONSOR DELETIONS TO NGSURVEY PARIMAPS OR REPoRTS BYOTHER THAN THE SIGNING PARTYOR PARTIES IS WRITTEN PROHIBITED WITHOUT CONSENT OF THE S/GN/NG PAR IY OR PARTIES 11. IT IS THE RESPoNSIBILITYOFTHE OWNER AND/OR CONTRACTOR TO VERIFYFCOOD ZONEINFORMAnONAND BUILDING RESTRICTIONS POINTS /hereby certify that A Survey of the hereon described property Wes made under my direction per Standards of Practice as per Chapter 5✓-17053, F.A.C. & pursuant to section 472,027, Florida Statutes. KENNETH SARRIO Professional Surveyor & Mapper PSM No. 6348 State of Florida REss— I o EIS"NG_ _ ZN o P LEYATION NAINrv�a"aGMHCBrascMrEm POINrsoF ar,�cENcvv� scRN. s oNcwErEMovuMENr Ecr%v cArcHeaslN ouNe IRC ♦ N n I� SETPK NAIL LB7502 TBM#I i ELEV.= 9.00' I 1 inch = 30' ft. GRAPHIC SCALE 0 5 30 [;� --vacvE a cE —L— ® PowERPoce ExisnNG nREHroRaNr 0 E xMaRlr b uMPPosr Y G E E ca W Q ayi N 01 m 1- 0 M N O N J a C4 .N.. 3 Y L) W m tll C U CL Q U c m E W Q c E {U6 Packet Pg. 346 I 3.D.d I CO W Q Historical Aerial Imagery y LO Cn m LO O ti O O O O M N O N J d Q Packet Pg. 347 .nequj!g BAV ISOM 96Z 08 98L8000EZOZld zt,l•qz) dnXoL,13 sjueoilddV - 0 luemLloelIV ri ci t c AWL. a Ar— awl- Ce A 4 I 3.D.d I Submerged Resource Survey Packet Pg. 350 I IDA I 295 WEST AVE BONITA SPRINGS, FL 34134 FOLIO #55852520000 SUBMERGED RESOURCE SURVEY REPORT MAY 2023 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting PHONE:239-643-0166 WWW.THANAPLES-COM Packet Pg. 351 I 3.D.d I Table of Contents 1 Introduction.......................................................................................................................................1 2 Objective.............................................................................................................................................2 3 Methodology......................................................................................................................................3 4 Results.................................................................................................................................................4 5 Conclusion..........................................................................................................................................5 6 Photos.................................................................................................................................................. 6 Packet Pg. 352 I 3.D.d I 295 West Ave. Submerged Resource Survey May 2023 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at a property addressed as 295 West Ave. in Bonta Springs, FL 34134. The site is located within Section 5, Township 48 S, and Range 25 E of Collier County and can be identified by folio #55852520000. This resource survey will provide planning assistance to both the property owner and regulating agencies during any review processes for the proposed project. The subject property consists of a 0.23-acre parcel that can be found approximately 0.5 miles west of Vanderbilt Dr. and approximately 0.17 miles south of Bonita Beach Rd. on a manmade canal off of Little Hickory Bay. The parcel is currently under construction with a single-family residence. It sits on the end corner of the canal and so has an "L" shaped seawall that is approximately 85' in total length. The property is neighbored to the north, east, and west by single-family homes, and to the south by a private community clubhouse. Nearly all surrounding lots within the canal have dock facilities, of which most are similar in size to that which is proposed. The SRS was conducted on May 4t',, 2023, between approximately 2:00 p.m. and 3:00 p.m. Site conditions consisted of clear skies with a slight breeze. Water clarity was adequate and allowed approximately 2 feet of visibility. The ambient air temperature was approximately 85 degrees Fahrenheit and wind speeds averaged 0 - 5 mph from the north. The average ambient water temperature was approximately 82 degrees Fahrenheit. High tide occurred prior to the site visit at approximately 1:06 p.m. and reached approximately 2.0 feet above the Mean Low Water Mark. Low tide was achieved following the site visit at approximately 7:39 p.m., reaching approximately 0.1 feet below the Mean Low Water Mark. 1 Packet Pg. 353 I IDA I 295 West Ave. Submerged Resource Survey May 2023 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed docking facility expansion. 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. 2 Packet Pg. 354 295 West Ave. I IDA I Submerged Resource Survey May 2023 GY3 METHO O DO L THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline for the proposed project but also a 200 ft. area surrounding the proposed site. 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, 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 shore 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 Packet Pg. 355 I IDA I 295 West Ave. Submerged Resource Survey May 2023 4 RESULTS The substrate found within the surveyed area consists of silty muck material with infrequent shell debris. Depths increased gradually with distance from the shoreline to the middle of the waterway from approximately 3 to 7 feet. During the submerged portion of the survey, no seagrasses, oysters, or other resources were observed in any capacity on the benthic surface. Oysters could be seen on some of the seawall panels and dock piles within the survey area. Accordingly, no impacts to submerged resources are expected to occur as the result of the proposed project. 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 Shee shead Archosargus probatocephalus Eastern oyster Crasostrea virginica West Indian Manatee Trichechus manatus Common barnacle Balanus spp. H Packet Pg. 356 I IDA I 295 West Ave. Submerged Resource Survey May 2023 5 CONCLUSION The submerged resource survey was conducted and completed throughout a 200-foot wide area surrounding the project site and yielded no results. No seagrasses or other resources were observed anywhere within the vicinity of the project site. Accordingly, negative impacts to submerged resources are not expected as a result of the proposed project at this location. 5 Packet Pg. 357 I IDA I 295 West Ave. Submerged Resource Survey May 2023 6 PHOTOS Photo 1: View of the "L" shaped seawall and proposed project location. Photo 2: View of the neighboring dock facility and view corridor down the canal. 6 a 0 m JA c M Q Q. 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