Agenda 06/11/2024 Item # 8A (Resolution - A variance for property located at 438 Gordonia Road)06/11/2024
EXECUTIVE SUMMARY
This item requires that Commission members provide ex -parte disclosure. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of
Zoning Appeals of Collier County, Florida, approving a variance from LDC Section 4.02.01, Table 2.1 to
reduce the required minimum front yards from 50 feet to 34.38 feet on the north side and 43.58 feet on the
west side, and to reduce the required minimum side yard from 30 feet to 27.84 feet on the south side, for a
single-family home on an RSF-1 zoned property located at 438 Gordonia Road, on the southeast corner of
Gordonia Road and Carica Road, on a portion of Lot 19, Block H, Pine Ridge Extension Subdivision, in
Section 3, Township 49 South, Range 25 East, Collier County, Florida. [PL20230014908] (This is a
companion to item 9A)
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff’s findings and recommendations along
with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced
petition and render a decision regarding the petition and ensure the project is in harmony with all the applicable
codes and regulations to ensure that the County's interests are maintained.
CONSIDERATIONS: The subject property is within a narrow strip of land that runs roughly 2.3 miles north to
south from Vanderbilt Beach Road to Pine Ridge Road and about 500 east to west between Gordonia Road and
Goodlette-Frank Road. This strip of land is one of the few remaining places west of Goodlette -Frank Road where
agriculturally zoned land remains. Currently, this land is mostly developed with single-family residences; a small
number of lots remain undeveloped, and most parcels are in the one to two -acre range. Most of the parcels west of
Gordonia are between one (1) and one and one-half (1.5) acres. Once finished, the petition and project will result in
two single-family residences, which will mirror the general appearance of the existing residential development in
the area.
This petition is a companion to RZ-PL20230013880; if and when that petition is approved, the applicant will
require a variance for the existing structure. The existing structure is legal and non -conforming; the nonconforming
status is lost once the rezone is approved. The variance is needed for each front yard (the property is a corner lot) to
reduce the existing front setbacks from 50 feet to 34.38 feet for the northern front yard and 43.58 feet for the
western front yard. In addition, the petitioner needs to reduce the required minimum side yard setback from 30 feet
to 27.84 feet on the south side, as the minimum lot width of 150 feet cannot be met without drawing an irregularly
shaped lot line for splitting the parcel. After approval of the rezone and variance petitions, the applicant will seek a
Lot Split. Approval of the lot split will be contingent upon the removal of the horse barn.
Comprehensive Planning, Environmental Planning, Transportation Planning, and the Utilities Department find the
project consistent with the Growth Management Plan.
The petition meets all the criteria for amending the official zoning atlas, LDC §10.02.08. F (Analysis included in
CCPC staff report beginning at the bottom of page five.)
The applicant met all public notice requirements for this public hearing.
The petition meets the criteria of LDC 9.04.04, as shown below.
a. Are there special conditions and circumstances existing which are peculiar to the location, size,
and characteristics of the land, structure, or building involved?
Based on an incomplete record, the existing home on the property appears to have been built between 1969 and
1973. Setbacks in the 1968 LDC, amended June 29 and August 10, 1971, for both agricultural districts (A1 and A2)
were “no closer than 25 feet to any federal, state, or county primary or secondary right -of-way.” Since the home
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was built, setbacks in the A District (both A1 and A2 were combined to just A) have increased to 50 feet front and
rear and 30 feet for the sides. As such, the existing home is considered a legal, non-conforming structure.
If the rezone petition is approved, the home loses its legal non-conforming status, and a variance petition is required
to allow the home to continue to exist in its current location as a legal conforming structure.
The petitioner also desires to split the rezoned property to create two legally conforming lots to either sell the
“new” lot as is or build a single-family dwelling on the “new” parcel. To meet the minimum lot width of 150 feet, a
variance of 2.16 feet is needed to reduce the minimum lot width to 147.84 feet. This part of the variance request is
due to the actions of the current property owner.
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?
Regularly drawn property lines are easier to manage for both homeowners and the County. Due to the existing
home's location and the property's shape, the only way to split the property and maintain the 150-foot minimum lot
width is to draw an irregularly shaped line. To avoid this, a two -foot variance (a 1.3% reduction in the 150-foot
width) is required. Aside from this, no circumstances result from the homeowner's actions. Notwithstanding the
variance, the petition will meet all LDC requirements.
It should be noted that an existing horse stable (now used as storage) straddles the proposed lot split line. The
applicant intends to remove this structure, which will become a condition of approval if it is not removed prior to
the public hearing.
c. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship
on the applicant or create practical difficulties for the applicant?
A literal interpretation of the LDC would prevent approval of the petition and stop the applicant from completing
the rezone, variance, and lot split project.
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 promotes health, safety, and welfare standards?
If granted, the requested variance is the minimum amount needed to create two legally conforming lots and make
the existing home a legally conforming structure.
e. Will granting the variance confer on the applicant any special privilege that is denied by these
zoning regulations to other lands, buildings, or structures in the same zoning district?
No, any other party that meets the rezone and/or variance criteria may request approval of a similar petition.
f. Will granting the Variance be in harmony with the general intent and purpose of the Land
Development Code, and not be injurious to the neighborhood or otherwise detrimental to the
public welfare?
Properties in the surrounding neighborhoods, whether zoned A, RSF-1, or PUD, are developed as single-family
homes on lots mostly between one and one and one-half acres. Upon completion, the project will mirror the general
appearance of the existing residential development in the area.
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.?
There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the
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regulations.
h. Will granting the variance be consistent with the GMP?
The Growth Management Plan (GMP) does not address individual variance requests related to dimensions.
Approval of this variance will not affect or change the requirements of the GMP with respect to density, intensity,
compatibility, access/connectivity, or other applicable land use provisions.
FISCAL IMPACT: The Variance (VA) in and of itself will have no fiscal impact on Collier County. There is no
guarantee that the project, at build-out, will maximize its authorized level of development. However, if the VA is
approved, a portion of the land could be developed, and the new development would impact Collier County's public
facilities.
The County collects impact fees before issuing a Certificate of Occupancy (CO) 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 permitting fees for site development and building will be collected before the
issuance of a CO. Please note that impact fees and taxes collected were not included in the criteria used by staff and
the Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT: Per the Future Land Use Map (FLUM) of the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP), the property has a future land use designation of Urban/Mixed -
Use District/Residential Subdistrict. The purpose of the Subdistrict is to provide for higher densities in an area with
fewer natural resource constraints and where existing and planned public facilities are concentrated. The Subdistrict
comprises approximately 93,000 acres or 80% of the Urban Mixed-Use District. Maximum eligible residential
density shall be determined through the Density Rating System, which has a base density of four dwelling units per
acre but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights
Section of the LDC. The proposed rezone is in keeping with the intent of the GMP. Comprehensive Planning staff
has reviewed the proposed rezone and finds it consistent with the GMP.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: On May 16, 2024, Petition RZ-
PL20230013880, 438 Gordonia Road, was heard by the CCPC, which, by a vote of 5 to 1, recommended
forwarding this petition to the Board with a recommendation of Approval. One individual from the public was
opposed to the petition due to commitments from a private covenant, causing this to be heard as an advertised
agenda item 8A.
LEGAL CONSIDERATIONS: Petitioner is requesting a variance from LDC Section 4.02.01, Table 2.1 of the
Land Development Code (LDC) to allow for the existing and proposed setbacks for an existing single -family home
to remain lawful should the companion rezoning petition and subsequent subdivision or lot splits be approved. The
granting of such a variance is permitted under LDC Section 9.04.02.
The attached staff report and recommendations of the CCPC are advisory only and are not binding on you. All
testimony given must be under oath. The Petitioner has the burden to prove that the proposed variance is consistent
with all the criteria set forth below, and you may question the Petitioner or staff to satisfy yourself that the
necessary criteria have been satisfied. LDC Section 10.09.00.F requires that “Upon consideration of the Planning
Commission’s report, findings and recommendations, and upon consideration of the standards and guidelines set
forth [below], the Board of Zoning Appeals shall approve, by resolution, or deny a petition for a variance.” Should
you consider denying the Variance to assure that your decision is not later found to be arbitrary, discriminatory, or
unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or
more of the listed criteria below.
In granting any variance, the Board of Zoning Appeals may prescribe the following:
1. Appropriate conditions and safeguards in conformity with the zoning code or other applicable county
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ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the
Variance is granted, shall be deemed a violation of the zoning code.
2. A reasonable time limit within which the action for which the Variance required shall be begun or
completed or both.
Criteria for Variances
1. There are special conditions and circumstances existing which are peculiar to the location, size, and
characteristics of the land, structure, or building involved.
2. There are special conditions and circumstances that do not result from the applicant's action, such as pre -
existing conditions relative to the property, which is the subject of the Variance request.
3. A literal interpretation of the provisions of the LDC would create practical difficulties for the applicant or
cause unnecessary and undue hardship.
4. The Variance, if granted, will be the minimum variance that will make possible the reasonable use of the
land, building, or structure and promote health, safety, or welfare standards.
5. 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.
6. 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.
7. There are natural or physically induced conditions that ameliorate the goals and objectives of the
regulation, such as natural preserves, lakes, golf courses, etc.
8. Granting the Variance will be consistent with the GMP.
Approval or denial of the petition is by Resolution. This item has been approved as to form and legality and
requires a majority vote for BZA approval. -DDP
RECOMMENDATION: To approve petition VA-PL20230014908, a variance from LDC Section 4.02.01, Table
2.1 to reduce the required minimum front yards from 50 feet to 34.38 feet on the north side and 43.58 feet on the
west side, and to reduce the required minimum side yard from 30 feet to 27.84 feet on the south side, for a single
family home.
Prepared by: Eric Ortman, Planner III, Zoning Division, Growth Management Development Department
ATTACHMENT(S)
1. VA-PL20230014908 Staff Report Gordonia w CAO (PDF)
2. Attachment 1 - Proposed VA Resolution - 040924(2) (PDF)
3. Attachment 2 - Applicant Backup Documentation (PDF)
4. Attachment 3 - Legal Ads and Sign Photos (PDF)
5. sign photo -legal ads - agenda IDs 29008 & 28972 (438 Gordonia Rd. rezone) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 8.A
Doc ID: 28972
Item Summary: This item requires that Commission members provide ex-parte disclosure. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the
Board of Zoning Appeals of Collier County, Florida, approving a variance from LDC Section 4.02.01, Table 2.1 to
reduce the required minimum front yards from 50 feet to 34.38 feet on the north side and 43.58 feet on the west
side, and to reduce the required minimum side yard from 30 feet to 27.84 feet on the south side, for a single -family
home on an RSF-1 zoned property located at 438 Gordonia Road, on the southeast corner of Gordonia Road and
Carica Road, on a portion of Lot 19, Block H, Pine Ridge Extension Subdivision, in Section 3, Township 49 South,
Range 25 East, Collier County, Florida. [PL20230014908] (This is a companion to item 9A)
Meeting Date: 06/11/2024
Prepared by:
Title: Principal Planner – Zoning
Name: Sean Sammon
05/21/2024 3:55 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
05/21/2024 3:55 PM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 05/21/2024 4:04 PM
Zoning Mike Bosi Division Director Completed 05/22/2024 3:23 PM
Unknown Jaime Cook GMCDD Reviewer Completed 05/23/2024 4:05 PM
Growth Management Community Development Department Diane Lynch GMCDD Reviewer Completed
05/28/2024 10:57 AM
Growth Management Community Development Department James C French Growth Management Completed
05/28/2024 1:40 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/29/2024 10:07 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/29/2024 11:00 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/29/2024 11:27 AM
Office of Management and Budget Laura Zautcke Other Reviewer Completed 05/30/2024 10:09 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/04/2024 10:16 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM
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STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: MAY 16, 2024
SUBJECT: VA-PL20230014908; VARIANCE FOR 438 GORDONIA ROAD,
COMPANION ITEM: RZ-PL20230013880
PROPERTY OWNER/AGENT:
The applicant and owner are the same person who is representing himself.
Eddy JD Olivares II
438 Gordonia Road
Naples, FL 34108
REQUESTED ACTION:
The petitioner requests a variance from Section 4.02.01.A, Table 2.1 of the Collier Land Development Code
(LDC), to reduce the required minimum front yard setbacks from 50 feet to 34.38 feet on the north side
and 43.58 feet on the west side and to reduce the required minimum side yard setback from 30 feet to 27.84
feet on the south side, for a single-home on an RSF-1 zoned property located at 438 Gordonia Road on the
southeast corner of Gordonia Road and Carica Road intersection in Section 3, Township 49 South, Range
25 East of unincorporated Collier County.
GEOGRAPHIC LOCATION:
The subject ±2.16-acre parcel (with the petition applying to the proposed split northern ±1.02 acres) is
located at 438 Gordonia Road, aka Pine Ridge Extension Block H Lot 19, in Section 3, Township 49 South,
Range 25 East, Collier County, Florida. The property is in the southeast quadrant of the intersection of
Gordonia Road and Carica Road, approximately 250 west of Goodlette Frank Road and one mile south of
Vanderbilt Beach Road. (See the location map on page 2 and proposed lot split following approval of RZ
and VA on page 3.)
8.A.a
Packet Pg. 25 Attachment: VA-PL20230014908 Staff Report Gordonia w CAO (28972 : PL20230014908 438 Gordonia (VA))
Page 2 of 7 8.A.aPacket Pg. 26Attachment: VA-PL20230014908 Staff Report Gordonia w CAO (28972 : PL20230014908 438 Gordonia
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PURPOSE/DESCRIPTION OF PROJECT:
The applicant wishes to rezone and divide his lot into two legal conforming RSF-1 lots. The existing house
on the lot, built circa 1970, is a legal, non-conforming structure as it does not meet the front yard setbacks,
which have increased since the home was constructed. Once the companion rezone is approved, the house
loses its legal non-conforming status, and a variance is required to let the house remain in its current
location. In addition, a two-foot variance is needed for the southern side yard setback as the maximum
achievable lot width for the newly created lot is 148 feet (150 feet required) unless an irregular shaped lot
line is drawn (or home is moved). The variance will allow both lots and the existing home to be legal
conforming lots.
8.A.a
Packet Pg. 27 Attachment: VA-PL20230014908 Staff Report Gordonia w CAO (28972 : PL20230014908 438 Gordonia (VA))
Page 4 of 7
The subject parcel is in an agricultural zone (A); the A zone is surrounded on all four sides by residentially
zoned property. The roughly 133-acre zone (represented by the blue bar below) is 500 feet wide and 2.3
miles long, runs parallel to Goodlette-Frank Road, and is a vestige of when this part of Collier County was
rural. One parcel has a conditional use as a therapeutic riding center, and six parcels remain undeveloped.
All remaining parcels are residentially developed. The proposed rezone will create two one-acre, RSF-1
parcels comparable to most of the parcels proximate to the subject property, which are one-acre to one and
one-half acres in size and zoned RSF-1.
There is an existing horse stable that straddles the proposed new lot line. The property owner has agreed to
demolish the stable. If not completed prior to the public hearing, approval will be contingent on the
removal of the stable, and a building permit will not be issued until the stable is removed.
SURROUNDING LAND USE AND ZONING:
The subject parcel has a current zoning designation of Agricultural (A) and is surrounded as follows:
Everything west of Gordonia Road is zoned RSF-1.
Everything east of Goodlette-Frank Road is zoned PUD.
Everything in between Gordonia Road and Goodlette-Frank Road is zoned A.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Per the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the Growth
Management Plan (GMP), the property has a future land use designation of Urban/Mixed-Use
PUD
RSF-1
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Packet Pg. 28 Attachment: VA-PL20230014908 Staff Report Gordonia w CAO (28972 : PL20230014908 438 Gordonia (VA))
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District/Residential Subdistrict. The purpose of the Subdistrict is to provide for higher densities in an area
with fewer natural resource constraints and where existing and planned public facilities are concentrated. The
Subdistrict comprises approximately 93,000 acres or 80% of the Urban Mixed-Use District. Maximum
eligible residential density shall be determined through the Density Rating System, which has a base density
of four dwelling units per acre but shall not exceed 16 dwelling units per acre except in accordance with the
Transfer of Development Rights Section of the LDC. The proposed rezone, subsequent variance, and lot
split are in keeping with the intent of the GMP. Comprehensive Planning staff has reviewed the proposed
rezone and finds it consistent with the GMP. (The GMP is concerned with land uses and not with dimensional
requirements; therefore, the companion variance is neither consistent nor inconsistent with the GMP.)
STAFF ANALYSIS:
The subject property is within a narrow strip of land that runs roughly 2.3 miles north to south from
Vanderbilt Beach Road to Pine Ridge Road and about 500 feet east to west between Gordonia Road and
Goodlette-Frank Road. This strip of land is one of the few remaining places west of Goodlette-Frank Road
where agriculturally zoned land remains. Currently, it is mostly developed with single-family residences; a
few small lots remain undeveloped.
To date, no letters, phone calls, or emails of objection have been received. Only one couple attended the
Neighborhood Information Meeting (NIM), which was held for the rezone. They live directly across the
street from the subject property and attended the NIM out of interest in what was going on with the property.
The couple did not raise any objections.
The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this
petition relative to these criteria and offers 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?
Based on an incomplete record, the existing home on the property appears to have been built between 1969
and 1973. Setbacks in the 1968 LDC, amended June 29 and August 10, 1971, for both agricultural districts
(A1 and A2) were “no closer than 25 feet to any federal, state, or county primary or secondary right-of-way.”
Since the home was built, setbacks in the A District (both A1 and A2 were combined to just A) have
increased to 50 feet front and rear and 30 feet for the sides. As such, the existing home is considered a legal,
non-conforming structure.
Once the rezone petition is approved, the home loses its legal non-conforming status, and a variance petition
is required to allow the home to continue to exist in its current location as a legal conforming structure.
The petitioner also desires to split the rezoned property to create two legal conforming lots for the purpose
of either selling the “new” lot as is or building a single-family dwelling on the “new” parcel. To meet the
minimum lot width of 150 feet, a variance of 2.16 feet is needed to reduce the minimum lot width to 147.84
feet. This part of the variance request is due to actions of the current property owner.
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?
Regularly drawn property lines are easier to manage for both homeowners and the County. Due to the
location of the existing home and the shape of the property, the only way to split the property and maintain
the 150-foot minimum lot width is to draw an irregularly shaped line. To avoid this, a two-foot variance (a
1.3% reduction in the 150-foot width) is required. Aside from this, there are no circumstances that result
from the actions of the homeowner. Notwithstanding the variance, the petition will meet all LDC
requirements.
8.A.a
Packet Pg. 29 Attachment: VA-PL20230014908 Staff Report Gordonia w CAO (28972 : PL20230014908 438 Gordonia (VA))
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It should be noted that there is an existing horse stable (now used as storage) that straddles the proposed lot
split line. It is the intention of the applicant to remove this structure. If it has not been removed prior to the
public hearing, it will become a condition of approval.
c. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship
on the applicant or create practical difficulties for the applicant?
A literal interpretation of the LDC would prevent approval of the petition and stop the applicant from
completing the rezone-variance-lot split project.
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, and
welfare?
If granted, the requested variance is the minimum amount needed to create two legal conforming lots and
make the existing home a legal conforming structure.
e. Will granting the variance confer on the applicant any special privilege that is denied by these
zoning regulations to other lands, buildings, or structures in the same zoning district?
No, any other party that meets the rezone and/or variance criteria may request approval of a similar petition.
f. Will granting the Variance be in harmony with the general intent and purpose of the Land
Development Code and not be injurious to the neighborhood or otherwise detrimental to the
public welfare?
Properties in the surrounding neighborhoods, whether zoned A, RSF-1, or PUD, are developed as single-
family homes on lots mostly between one and one and one-half acres. Upon completion, the project will
mirror the general appearance of the existing residential development in the area.
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.?
There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of
the regulations.
h. Will granting the variance be consistent with the GMP?
The Growth Management Plan (GMP) does not address individual variance requests related to dimensions.
Approval of this variance will not affect or change the requirements of the GMP with respect to density,
intensity, compatibility, access/connectivity, or other applicable land use provisions.
NEIGHBORHOOD INFORMATION MEETING (NIM):
To date, no letters, phone calls, or emails of objection have been received. Only one couple attended the
Neighborhood Information Meeting (NIM). They live directly across the street from the subject property
and attended the NIM out of interest in what was going on with the property. The couple did not raise any
objections.
8.A.a
Packet Pg. 30 Attachment: VA-PL20230014908 Staff Report Gordonia w CAO (28972 : PL20230014908 438 Gordonia (VA))
RESOLUTION NO.2O2,I -
A R"ESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, APPROVING A
VARIANCE FROM SECTION 4.02.01, TABLE 2.I . TABLE
OF MINIMUM YARD REQUIREMENTS, OF THE LAND
DEVELOPMENT CODE, TO REDUCE THE REQUIRED
MINIMUM FRONT YARDS FROM 50 FEET TO 34.38 FEET
ON THE NORTH SIDE AND 43.58 FEET ON THE WEST
SIDE, AND TO REDUCE THE REQUIRED MINIMUM
SIDE YARD FROM 30 FEET TO 27.84 FEET ON THE
SOUTH SIDE, FOR A SINGLE FAMILY HOME ON AN
RSF-I ZONED PROPERTY LOCATED AT 438 GORDONIA
ROAD, ON THE SOUTHEAST CORNER OF GORDONIA
ROAD AND CARICA ROAD, ON A PORTION OF LOT 19,
BLOCK H, PINE RIDGE EXTENSION SUBDIVISION, IN
SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [PL20230014908]
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection ofthe public; and
WHEREAS, the Counry pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41 , as amended) which establishes regulations for the zoning of particular
geographic divisions ofthe County, among which is the granting oflvariances; and
WHEREAS, property owner Eddy JD Olivares, II is seeking a companion rezoning ol
Lot 19, Block H, PINE RIDGE EXTENSION subdivision from Rural Agricultural (A) Zoning
District to a Residential Single Family-l (RSF-l) Zoning District (RZ-PL20230013 880), which
but for the existing home failing to meet the minimum yard requirements of the LDC, would
allow for Lot 19 to be split in accordance with Exhibit "A", attached hereto and incorporated
herein by reference; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability ofa variance
from section 4.02.01, Table 2.1 - Table of Minimum Yard Requirements, of the Land
Development Code, to reduce the required minimum front yards lrom 50 feet to 34.38 feet on the
north side and 43.58 feet on the west side, and to reduce the required minimum side yard from 30
feet to 27 .84 feet on the south side, for a single family home on an RSF- I zoned property located
at 438 Gordonia Road on the southeast comer of Gordonia Road and Carica Road, as shown as
the proposed "PARCEL A" on Exhibit "A", being a portion of Lot 19, Btock H, PINE RIDGE
EXTENSION, according to the plat thereof as recorded in Plat Book 3, Page 51, of the Public
Records of Collier County, Florida, and has found as a matter of fact that satisfactory provision
and arrangement have been made conceming all applicable matters required by said regulations
[24-CPS-02434/r 8s8302/l ] l l
438 Gordonia RD (VA)
v A-202300 1 490E 4/ 9 /2024
Page 1 of2
CAO
8.A.b
Packet Pg. 32 Attachment: Attachment 1 - Proposed VA Resolution - 040924(2) (28972 : PL20230014908 438 Gordonia (VA))
and in accordance with Section 9.04.00 of the Zoning Regulations ol said Land Development
Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE I]OARD OF ZONING
APPEALS OF COLLIER COT]NTY, FLORIDA, that:
Petition Number VA-PL20230014908, filed by Eddy JD Olivares, II, on behalf of
himself, with respect to the property described as:
The proposed "PARCEL A", as shown on the attached Exhibit
"A", being a portion of Lot 19, Block H, PINE RIDGE
EXTENSION, according to the plat thereof as recorded in Plat
Book 3, Page 51, of the Public Records of Collier County, Florida,
be and the same hereby is approved for a variance from section 4.02.01, Table 2.1 - Table of
Minimum Yard Requirements, of the Land Development Code, to reduce the required minimum
fiont yards from 50 feet to 34.38 feet on the north side and 43.58 feet on the west side, and to
reduce the required minimum side yard from 30 feet to 27.84 feet on the south side, for a single
lamily home on an RSF-l zoned property located at 438 Gordonia Road on the southeast comer
of Gordonia Road and Carica Road, as shown on the attached Exhibit'A", in the RSF-1 zoning
district wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and majority vote of the Board of Zoning
Appeals of Collier County, Florida, this _ day of 2024
ATTEST:
CRYSTAL K. KINZEL, CLERK
B1
, Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
[24-CPS-02434/t 858302/l ] l l
438 Gordonia RD (VA)
v A-2023 00 I 4908 4 /9 /2024
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLOzuDA
B1'
Chris Hatl. Chairman
Attachment:
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Page 2 of 2
Exhibit "A" - Conceptual Site Plan
8.A.b
Packet Pg. 33 Attachment: Attachment 1 - Proposed VA Resolution - 040924(2) (28972 : PL20230014908 438 Gordonia (VA))
SKETCH OF BOUNDARY SURVEY
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8.A.b
Packet Pg. 34 Attachment: Attachment 1 - Proposed VA Resolution - 040924(2) (28972 : PL20230014908 438 Gordonia (VA))
Page 7 of 7
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project does not require Environmental Advisory Council (EAC) review, as this project did not meet
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County
Codes of Laws and Ordinances.
COUNTY ATTORNEY REVIEW:
This Staff Report was reviewed by the County Attorney’s Office on April 26, 2024.
RECOMMENDATION:
Zoning staff recommends the CCPC forward petition VA-PL20230014908 – 438 Gordonia Road to the
Board of County Commissioners with a recommendation of approval.
Attachments:
1. Proposed Resolution
2. Application/Back up materials
3. Legal Ad and Sign Photo
8.A.a
Packet Pg. 31 Attachment: VA-PL20230014908 Staff Report Gordonia w CAO (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 35 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 36 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 37 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 38 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 39 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 40 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 41 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 42 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 43 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 44 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 45 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 46 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 47 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
8.A.c
Packet Pg. 48 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
1 inch = 50' ft.
GRAPHIC SCALE
LAND SERVICES, INC.
ENCHMARKB
8.A.c
Packet Pg. 49 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
1 inch = 50' ft.
GRAPHIC SCALE
LAND SERVICES, INC.
ENCHMARKB
8.A.c
Packet Pg. 50 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
February 26th, 2024
Owner/Applicant - Eddy JD Olivares II
Subject Property - 438 Gordonia Rd., Naples, 34108
RE: Variance Petition Application
PL#: 20230014908 (VA)
NATURE OF PETITION
1.A detailed explanation of the request including what structures are
existing and what is proposed;
The existing structures include a primary structure, which is a single family residence
and a secondary structure, which is a horse stable. The total land size is 2.09 acres
and the minimum lot size is 1 acre. I propose, after the re-zoning and variance
petition is granted, to split the lot into two parcels and removing the horse barn so the
land can support 2 single family residences, which is not allowed with the current AG
zoning.
the amount of encroachment proposed using numbers i.e. reduce front setback
from 25ft. To 18ft.;
Reduce front setback from 50 to 34.38 ft.
The property is on a corner lot, and therefore has two front setbacks. The minimum
front yard setback for RSF-1 zoning is 50 feet. The amount of encroachment for each
front setback is 6.42 feet and 15.62 feet.
Reduce side setback from 30 to 27.84 ft.
The amount of encroachment for one side setback is 2.16 feet. The minimum side
yard setback for RSF-1 zoning is 30 feet and the existing primary structure's new side
yard setback, after the lot split, would be 27.84 feet. The other side setback meets
setback requirements.
As noted on the survey, the secondary structure will be demolished before splitting
the lot and therefore will not have any encroachment issues.
when property owner purchased property; when existing principal structure
was built;
8.A.c
Packet Pg. 51 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
The property was purchased in May 2021. The horse barn existed when I purchased
the property. The existing principal structure was built in 1972.
why encroachment is necessary; how existing encroachment came to be; etc.
The encroachment occurs because the structure was in place prior to the current land
code guidelines. The current structure is a legal non-conforming structure and is
losing its status if/when rezoned.
2.For projects authorized under LDC Section 9.04.02, provide a detailed
description of site alterations, including dredging and filling.
No site alterations will be needed for this petition. When/if the property is split and
later developed, site alterations will be typical for development of a single-family
home. No dredging or filling is anticipated.
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.
The current house is legal non-conforming. The variance is required as splitting the
lot will cause the loss of non-conforming status. The amount of non-conformity will not
be increased in either front yard but a 2.16 foot- variance will be needed for the side
yard to create the new, legal conforming lot.
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.
Yes, there are pre-existing. The primary structure was built in 1972, before I
purchased the property and before the setback limits were greater. I wish to split the
lot and create a new legal lot.
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.
8.A.c
Packet Pg. 52 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
A literal interpretation of the provisions of this zoning code would create practical
difficulties regarding the final goal of this project. The final goal being the splitting of
my land into two- keeping the existing primary structure on one parcel and allowing
another single family residence to be built on the new parcel.
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.
The variances of 15.62 feet and 6.42 feet on the front yards and 2.16 feet in one side
yard, if granted, would be the minimum variance needed to make possible the
reasonable use of the land.
e) Will 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.
The variance will not confer any special privilege that is being denied 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.
Granting the variance will be in harmony with the intent and purpose of the RSF-1
zoning code. Both lots will meet all the remaining requirements under land
development code, section 4.02.01 – Dimensional Standards for Principal Uses in
Base Zoning Districts, including minimum lot area (43,560 square feet) and minimum
lot width (150 ft).
Ultimately, the variance requested is minimal and would not be injurious to the
neighborhood or detrimental to 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.
There are no natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation. Aside from splitting the lot, the only actual
change to the property will be granting relief for 2.16 feet on one side of the existing
house.
8.A.c
Packet Pg. 53 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
h) Will granting the variance be consistent with the Growth Management
Plan?
The property is located in an Urban Residential sub-district. According to the Growth
Management Plan, the purpose of this Subdistrict is to provide for higher densities in
an area with fewer natural resource constraints and where existing and planned
public facilities are concentrated.
Granting the variance will be consistent with the Growth Management Plan, as the
ultimate goal of this rezone and companion variance petition is a lot split and for an
additional residence to be built, in an area which can support it.
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, all relevant documents are attached.
8.A.c
Packet Pg. 54 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
February 23, 2024
RE:VA-PL20230014908 - 438 Gordonia Road Variance
VA Review Comment Response Cover Letter
As directed in the comment letter, I have addressed each individual comment in this cover letter.
Rejected Review: Zoning Review
Reviewed By: Eric Ortman
Rev 1 Correction Comment 1 – Application
1. Page 2 – The North adjacent zoning should be A/RSF-1. You didn’t notice the A. Also,
please delete the exact property address for N, S, E, and W.
2. Page 3 – Delete the Pine Ridge Civic Association – Given the one-mile distance and
multiple neighborhoods between you and the HOA, there will be no impact from this
petition.
3. Page 4 – Please check the “yes” box for #4. A zoning letter was done for this property.
4. Page 4 - Please submit a copy of zoning letter PL20230013169.
Corrections 1-3 have been made and can be seen in the latest version of the variance application.
The zoning letter PL20230013169 has been uploaded alongside this cover letter.
Rev 1 Correction Comment 2 – Affidavit of Authorization
Please submit an affidavit of authorization.
A notarized affidavit of authorization has been submitted with this cover letter.
Rev 1 Correction Comment 3 - Prop Ownership
Page 2g. Please provide date property acquired.
Date property acquired has been provided and can be found in the latest property ownership
disclosure form that was submitted with this cover letter.
Rev 1 Correction Comment 4 – Concept Plan
A concept plan is required for both the VA and RZ. The concept plan may be superimposed
on the survey if that is easier. In any case the concept plan needs to include measurements
(in tenths of feet) as a variance is granted based on a distance which has not been provided.
It may behoove you to have the measurements be conservative so that when the actual
building takes place the slab does not extend beyond where the variance was granted for.
A concept plan has been uploaded along with this cover letter.
Rev 1 Correction Comment 5 – Nature of Petition/Narrative #1
Rev 1 Correction Comment 6 – Nature of Petition/Narrative #3b
Rev 1 Correction Comment 7 – Nature of Petition/Narrative #3d
Rev 1 Correction Comment 8 – Nature of Petition/Narrative #3f
Rev 1 Correction Comment 9 – Nature of Petition/Narrative #3h
8.A.c
Packet Pg. 55 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
Rev 1 Correction Comment 10 – Nature of Petition #4
Comments 5-10 were all addressed in the latest Nature of Petition which was uploaded along with
this cover letter.
Rejected Review: County Attorney Review
Reviewed By: Derek Perry
Correction Comment 1:
Please provide an exhibit detailing how the lots will be split, and the distances in which
relief will be sought (clearly labeled) through the variance.
A new survey, which details how the lot will be split and clearly labels the relief sought has been
uploaded alongside this cover letter.
Sincerely,
Eddy Olivares
8.A.c
Packet Pg. 56 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
August 22, 2023
Eddy JD Olivares II
438 Gordonia Rd
Naples, FL 34108
ZLTR- PL20230013169; Zoning Verification Letter for the property located at 438 Gordonia Rd,
Naples AKA Pine Ridge Ext Block H Lot 19 of unincorporated Collier County, Florida. Property
ID/Folio Number(s): 67281600000 comprising of +/- 2.09 acres.
Mr. Olivares,
This letter is in response to a Zoning Verification Letter (ZLTR) Application submitted on or about August
7th, 2023. You requested confirmation that the property may be re-zoned to RSF-1 and split into two RSF-
1 parcels.
Zoning:
The current official zoning atlas, an element of the Collier County Land Development Code (LDC),
Ordinance 04-41, as amended, reveals the subject property is located within the Rural Agricultural District
(A). According to the Future Land Use Map, the subject property is located within the Urban Residential
Subdistrict.
Determination:
One of the review criteria for a rezone petition is consistency with Collier County’s Growth Management
Plan (GMP). The subject property is within the Urban Residential Subdistrict. According to the GMP, “The
purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource
constraints and where existing and planned public facilities are concentrated.” Based on a preliminary
review, the RSF-1 zoning designation would be consistent with the Future Land Use Element, which allows
a base density of up to four (4) dwelling units per acre. Please note that consistency with the Future Land
Use Element does not guarantee approval. Pursuant to LDC section 10.02.08, staff’s recommendation to
the Planning Commission and the Planning Commission’s recommendation to the Board of County
Commissioners shall be based upon consideration of the applicable criteria and subject to a public hearing.
The Rezone Petition Application is attached for reference.
The property must be successfully rezoned before applying for a lot split. The minimum lot size, minimum
lot area, and minimum setbacks for RSF-1 were reviewed for this zoning verification letter to determine if
the property meets the minimum requirements for a lot split.
RSF-1 has a minimum lot area of 43,560 square feet or one (1) acre. The subject property is +/- 2.09 acres.
If the proposed properties are split with more than one (1) acre per parcel of land, then they would meet the
minimum lot area for RSF-1.
8.A.c
Packet Pg. 57 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
Zoning Verification Letter
ZLTR- PL20230013169
Page 2 of 3
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
RSF-1 has a minimum lot width of 150 linear feet. The property is a corner lot with two front yards. Pursuant
to LDC 1.08.02 Definitions, “… In the case of corner lots, the front yard with the shorter street frontage
shall establish the required minimum lot width. …” Both of the proposed parcels would be required to have
a minimum lot width of 150 linear feet to split. Pursuant to LDC 1.08.02 Definitions, lot width is calculated
as follows:
Lot measurement, width: Width of a lot shall be considered to be the average distance between straight
lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the
foremost points of the side lot lines where they intersect with the street line and the points of the side lot
lines where they intersect the rear property line, (see Figure 9). The width between the side lot lines at their
foremost points in front shall not be less than 80 percent of the required lot width, except in the case of lots
on the turning circle of a cul-de-sac when the 80 percent requirement shall not apply. The minimum lot
width on a cul-de-sac shall be figured by drawing a straight line at the chord, then drawing a straight line
parallel to it at the required setback distance for that particular zoning district. That new established line
shall meet the minimum lot width of that district, (see Figure 10).
The minimum setback requirements for RSF-1 are as follows:
Front (Carica Rd): 50’
Front (Gordonia Rd): 50’
Sides: 30’
Rear: Not applicable
Rear Accessory: Not applicable
The house does not meet the front setback requirement for the current Rural Agricultural (A) District or the
proposed Residential Single-Family (RSF-1) District. The distance from the existing structure to the road
would not be considered as part of the lot split application, however, existing structures must meet the
minimum setback requirement to the new property line(s). Accessory structures must accompany a primary
structure or be demolished prior to submitting the lot split application.
Please note that meeting the minimum design standards does not guarantee approval; the lot split application
is subject to review. The application form is attached for reference.
8.A.c
Packet Pg. 58 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
Zoning Verification Letter
ZLTR- PL20230013169
Page 3 of 3
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
The information presented in this verification letter is based on the Collier County LDC and/or Growth
Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these
documents could affect the validity of this verification letter. It is also possible that development of the
subject property could be affected by other issues not addressed in this letter, such as, but not limited to,
concurrency related to the provision of adequate public facilities, environmental impact, and other
requirements of the Collier County LDC or related ordinances.
This letter represents a determination of Zoning Services Section staff. Should you disagree with this
determination, you may request an Official Interpretation by the Zoning Director of the provisions of the
Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an
Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the
Board of County Commissioners. To obtain copies of any document referenced herein, please contact the
GMD Records Section at (239)252-5730. The LDC may be viewed online at www.municode.com /
Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of
Court’s website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records /
BMR Validated Ordinances.
Disclaimer: Issuance of a development permit by the County does not 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. All other applicable state or federal permits must be obtained before commencement of the
development.
Should you require additional information, please do not hesitate to call my office at (239) 252-5759.
Researched and prepared by: Reviewed by:
__________________________________ ___________________________________
Sarah Kisner, Planner Raymond Bellows, Zoning Manager
Zoning Services Section Zoning Services Section
8.A.c
Packet Pg. 59 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
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Packet Pg. 60 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
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Packet Pg. 61 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 49S RNG 25E SEC(S) 03 SO 1/2
MAP NUMBER:
BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION
7,8,9
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320321322323324
325 326 327
345346347348349350351
353 354 355 356 357 358 359
"L20"TRACT
"L11"TRACT
TRACT "Y"
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288
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291292293294295296
297
298
299
300
301
302
303 304 305 306 307 308 309 310 311 312
SOUTHERN OAK COURT
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441
442
443
444
445
446
447
448
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457
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464
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44
4
2
2
2
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TRACT "Z1"
V 11
MAGNOLIA COURTST/W-4 ST/W-3
ST/W-2
ST/W-1 12
12
1212
ST/W-2 12
ST/W212
ST/W-3 12 SUGARST/W3 12
ST/W-2 12
ST/W-1 12
V 13
$NO. NAME P.B. Pg.1 PINE RIDGE EXTENSION 3 512 AUTUMN WOODS UNIT ONE 28 27-323 AUTUMN WOODS UNIT THREE 31 61-644 AUTUMN WOODS UNIT FOUR 32 75-835678910
NO. NAME P.B. Pg.11121314151617181920 9503S
9510N9504S 9502S9503N
The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES1 11-14-89 V-89-15 89-3562 LDC-913 DELETED4 4-28-92 V-92-4 92-2685 3-9-93 V-92-27 93-956 9-27-94 V-94-13 94-7097 2-28-95 PUD-94-10 95-88 4-18-96 PDI-96-1 96-139 12-10-96 PUD-94-10(1) 96-8010 2-24-98 V-97-15 98-5511 8-3-99 V-99-9 99-32312 9-25-12 LDC ORD. 12-3813 1-9-23 VA-PL-22-3811 HEX 23-03THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.
INDICATES SPECIAL TREATMENT OVERLAY
0 400
SCALE1/17/20238.A.c
Packet Pg. 62 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
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Packet Pg. 63 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
52551
FLT-21-167
438 GORDONIA ROAD, NAPLES, FLORIDA 34108
05/04/21
05/04/21
LOT 19, BLOCK H, PINE RIDGE EXTENSION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 51, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
4/29/2021
EDDY JD OLIVARES LL; FLORIDA
TITLE, LLC.; OLD REPUBLIC
NATIONAL TITLE INSURANCE
COMPANY; QUONTIC BANK; ITS
SUCCESSORS AND/OR ASSIGNS; AS
THEIR INTERESTS MAY APPEAR
BOUNDARY
SURVEY
NORTHSUBJECT PROPERTY SHOWN HEREON APPEARS TO
BE LOCATED IN ZONE X AND AH(BFE 13'), PER F.I.R.
M MAP NUMBER 12021C0381H, DATED 05/16/2012.
THIS SURVEYOR MAKES NO GUARANTEES AS THE
ACCURACY OF THE ABOVE INFORMATION. THE
LOCAL F.E.M.A AGENT SHOULD BE CONTACTED
FOR VERIFICATION.
NONE VISIBLE
E.D.
J.S.
J.D.
1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE
LEGAL DESCRIPTION PROVIDED BY OTHERS.
2. UNLESS SHOWN, UNDERGROUND UTILITIES IMPROVEMENTS, FOUNDATIONS AND/OR SUBSURFACE
STRUCTURES WERE NOT LOCATED BY THIS SURVEY.
3. BEARINGS ARE BASED ON THE CHORD BEARING OF EASTERLY RIGHT OF WAY LINE GORDONIA ROAD,
AS BEING, N 36°17'42" E, PER PLAT ASSUMED.
4. THE PURPOSE OF THIS SURVEY IS FOR THE USE IN OBTAINING TITLE INSURANCE AND FINANCING
AND SHOULD NOT BE USED FOR CONSTRUCTION PURPOSES.
5. FENCE OWNERSHIP NOT DETERMINED.
6. THE LAND(S) SHOWN HERON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER RECORDED
ENCUMBRANCES THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY.
8.A.c
Packet Pg. 64 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
52551
FLT-21-167
438 GORDONIA ROAD, NAPLES, FLORIDA 34108
05/04/21
LOT 19, BLOCK H, PINE RIDGE EXTENSION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 51, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
4/29/2021
EDDY JD OLIVARES LL; FLORIDA
TITLE, LLC.; OLD REPUBLIC
NATIONAL TITLE INSURANCE
COMPANY; QUONTIC BANK; ITS
SUCCESSORS AND/OR ASSIGNS; AS
THEIR INTERESTS MAY APPEAR
E.D.
J.S.
J.D.
8.A.c
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Packet Pg. 90 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
Summary of Neighborhood Information Meeting Petition No. RZ-PL20230013880 Petition No. VA-PL20230014908 04/03/2024 To whom it may concern: On March 29th, 2024 at 10:00 am, the scheduled Neighborhood Information Meeting for the rezone and variance petitions for 438 Gordonia Rd., Naples, FL 34108 occurred at the Rees Room at the Naples Regional Library. The meeting was attended by 2 property owners and a representative of Collier County. I explained the end goal of the project, which is a lot split, and how the two petitions correlate with that goal. I provided printed materials which show the current aerial view and the proposed lot split survey. After the short presentation, one property owner asked how this rezone would affect other lots in the neighborhood that were grandfathered in as Agricultural. The county representative explained those other property owners would also have the right to rezone their property and split their land if they meet all the requirements. Some other non-related comments were made during the Q&A session and the NIM concluded. If there are any questions on the NIM, please let reach out to me. Sincerely, Eddy JD Olivares II 438 Gordonia Rd. Naples, FL 34108 239-270-8319 8.A.c
Packet Pg. 91 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
6C | TUESDAY, MARCH 12, 2024 |NAPLES DAILY NEWS +
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IN THE CIRCUIT COURT FOR
COLLIER COUNTY, FLORIDA
PROBATE DIVISION
File No. 11-2024-CP-000239-0001-XX
IN RE: Estate of Carolyn Costello
NOTICE TO CREDITORS
The administration of the estate of
Carolyn Costello, deceased, whose
date of death was September 3,
2023, is pending in the Circuit
Court for Collier, Florida, Probate
Division, the address of which is
3315 Tamiami Trail East, Ste. 102,
Naples, FL 34112-5324. The names
and addresses of the personal repre-
sentative and the personal represen-
tative’s attorney are set forth below.
All creditors of the decedent and
other persons having claims or
demands against decedent’s estate
on whom a copy of this notice is
required to be served must file their
claims with this court WITHIN THE
LATER OF 3 MONTHS AFTER
THE TIME OF THE FIRST PUBLI-
CATION OF THIS NOTICE OR
30 DAYS AFTER THE DATE OF
SERVICE OF A COPY OF THIS
NOTICE ON THEM.
All other creditors of the decedent
and other persons having claims or
demands against decedent’s estate
must file their claims with this court
WITHIN 3 MONTHS AFTER THE
DATE OF THE FIRST PUBLICA-
TION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN
THE TIME PERIODS SET FORTH
IN SECTION 733.702 OF THE
FLORIDA PROBATE CODE WILL
BE FOREVER BARRED.
NOTWITHSTANDING THE TIME
PERIODS SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MORE AFTER THE
DECEDENT’S DATE OF DEATH
IS BARRED.
The date of first publication of this
notice is March 5, 2024.
Attorney for Personal Representa-
tive:
Jesse A. Yaker
Notice To Creditors
NOTICE IS HEREBY GIVEN that
the undersigned desiring to engage
in business under fictitious name
of Dor-Mar Naples Air Condition-
ing Repair and Service located
at 4851 Tamiami Trail N Ste 200 in
the County of Collier in the City of
Naples, Florida 34103, intends to
register the said name with the Divi-
sion of Corporations of The Florida
Department of State, Tallahassee,
Florida.
Dated at Naples, Florida, this 8,
day of March, 2024.
Owner, Dor-Mar HVAC, LLC
March 12 2024
LSAR0071827
Fictitious Business
Public Notices
Public Notices
Florida Bar No. 1044915
Reed Smith LLP
10 S. Wacker Dr., Suite 4000
Chicago, IL 60606
Personal Representative:
Lauren Hutchinson
2708 Buckthorn Way
Naples, FL 34105
March 5,12 2024
LSAR0068808
Notice To Creditors
Public Notices
Public Notices
1539 Chesapeake Ave Naples
Open House 3/10-3/17 ,1-4 PM
Waterfront 2 bd/2bth condo for
$465,000! Long screened balcony
overlooks available dock. Easy ac-
cess to the Gulf. Walking distance
to 5th Ave dining & entertainment.
239-298-2170 Keith Marvelle
John R Wood Properties
Real Estate/Rentals
Olde Naples Charming,
furnished, two bedrm, two
bath condo with office nook,
washer dryer.heated pool.
walk to beach,tennis shops
restaurants and NCH fitness
Annual rental $3500 per mo
Andrea 239-860-3761
FORT MYERS Sunterra
Apartments is currently
accepting applications for
wait-list, Monday-Friday
9am to 3pm; 1,2 and 3
bedrooms; laundry on site,
no pets; property is located
at 3541 Evans Ave. Please
call (239)936-6865 for more
information
TTY call 711
“Equal Housing Opportu-
nity”
Bonita 2BR/2BA, Condo for
2025 season,1st flr, gated,
near Gulf, Pool/Spa/Grill, no
smoking/pets 732-910-4063
8.A.c
Packet Pg. 92 Attachment: Attachment 2 - Applicant Backup Documentation (28972 : PL20230014908 438 Gordonia (VA))
Attachment 3 Legal Ads, Sign Affidavits and Sign Photo 8.A.d
Packet Pg. 93 Attachment: Attachment 3 - Legal Ads and Sign Photos (28972 : PL20230014908 438 Gordonia (VA))
6C | TUESDAY, MARCH 12, 2024 |NAPLES DAILY NEWS +
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IN THE CIRCUIT COURT FOR
COLLIER COUNTY, FLORIDA
PROBATE DIVISION
File No. 11-2024-CP-000239-0001-XX
IN RE: Estate of Carolyn Costello
NOTICE TO CREDITORS
The administration of the estate of
Carolyn Costello, deceased, whose
date of death was September 3,
2023, is pending in the Circuit
Court for Collier, Florida, Probate
Division, the address of which is
3315 Tamiami Trail East, Ste. 102,
Naples, FL 34112-5324. The names
and addresses of the personal repre-
sentative and the personal represen-
tative’s attorney are set forth below.
All creditors of the decedent and
other persons having claims or
demands against decedent’s estate
on whom a copy of this notice is
required to be served must file their
claims with this court WITHIN THE
LATER OF 3 MONTHS AFTER
THE TIME OF THE FIRST PUBLI-
CATION OF THIS NOTICE OR
30 DAYS AFTER THE DATE OF
SERVICE OF A COPY OF THIS
NOTICE ON THEM.
All other creditors of the decedent
and other persons having claims or
demands against decedent’s estate
must file their claims with this court
WITHIN 3 MONTHS AFTER THE
DATE OF THE FIRST PUBLICA-
TION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN
THE TIME PERIODS SET FORTH
IN SECTION 733.702 OF THE
FLORIDA PROBATE CODE WILL
BE FOREVER BARRED.
NOTWITHSTANDING THE TIME
PERIODS SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MORE AFTER THE
DECEDENT’S DATE OF DEATH
IS BARRED.
The date of first publication of this
notice is March 5, 2024.
Attorney for Personal Representa-
tive:
Jesse A. Yaker
Notice To Creditors
NOTICE IS HEREBY GIVEN that
the undersigned desiring to engage
in business under fictitious name
of Dor-Mar Naples Air Condition-
ing Repair and Service located
at 4851 Tamiami Trail N Ste 200 in
the County of Collier in the City of
Naples, Florida 34103, intends to
register the said name with the Divi-
sion of Corporations of The Florida
Department of State, Tallahassee,
Florida.
Dated at Naples, Florida, this 8,
day of March, 2024.
Owner, Dor-Mar HVAC, LLC
March 12 2024
LSAR0071827
Fictitious Business
Public Notices
Public Notices
Florida Bar No. 1044915
Reed Smith LLP
10 S. Wacker Dr., Suite 4000
Chicago, IL 60606
Personal Representative:
Lauren Hutchinson
2708 Buckthorn Way
Naples, FL 34105
March 5,12 2024
LSAR0068808
Notice To Creditors
Public Notices
Public Notices
1539 Chesapeake Ave Naples
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$465,000! Long screened balcony
overlooks available dock. Easy ac-
cess to the Gulf. Walking distance
to 5th Ave dining & entertainment.
239-298-2170 Keith Marvelle
John R Wood Properties
Real Estate/Rentals
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furnished, two bedrm, two
bath condo with office nook,
washer dryer.heated pool.
walk to beach,tennis shops
restaurants and NCH fitness
Annual rental $3500 per mo
Andrea 239-860-3761
FORT MYERS Sunterra
Apartments is currently
accepting applications for
wait-list, Monday-Friday
9am to 3pm; 1,2 and 3
bedrooms; laundry on site,
no pets; property is located
at 3541 Evans Ave. Please
call (239)936-6865 for more
information
TTY call 711
“Equal Housing Opportu-
nity”
Bonita 2BR/2BA, Condo for
2025 season,1st flr, gated,
near Gulf, Pool/Spa/Grill, no
smoking/pets 732-910-4063
8.A.d
Packet Pg. 94 Attachment: Attachment 3 - Legal Ads and Sign Photos (28972 : PL20230014908 438 Gordonia (VA))
NOTICE OF PUBLIC HEARING
Not,ce is hereby given that a public hearing wilt be hsld by th€ Collle, County plannlng Commlasion(CCPC) al $iO AM. on M.y 16, A)24, in th6 Board ot Cou;ty Commissioners;eeting room, third floor,Collier Government Cent€r. 3299 East Tamiami Trail, Napl€s,'FL to consider: -
AN ORDINANCE OF TI{E BOAND OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDAAMENDING ONDINA}'CE NUMBEA 2(D4..(I, AS A E'{DED, THE COLLIEi COUNTY LANDD€VELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSTVE ZONING REGULANONSFOE
'HE
UNINCORPOFATED ANEA OF COLLIER COUNTY, FLORIDA, BY AMENDING THEAPPROPRIATE ZONING ATI.A{i MAP OR MAPS BY CHANGINb THE ZONING CIAIiSIFICATIONOF THE HEREIN I'ESCRIBED FEAL PBOPERTY FFOM A RURAL AGRICULiURAL (4 ZOXINGolsTnlcT TO A REStDEitTt L STNGLE FAt tLy-l (RSF_1) ZONTNG OtSrRtCT, TO ALLOW Up TOrWO SINOLE FAMILY OWELLINO UXTiS WTH A MAXIMUM DENSITY OF UP iO ONE DWELLING
UI.ITT PER ACRE ON PFOPERW LOCATED AT 498 GORDON|A ROAD, ON THE SOUTHEASTCORNER OF GOfiDONIA ROAD AND CARICA ROAD, ALSO DESCRIBET, AS LOT 19, BLOCK H,HN€ HDGE OfiENSIOiI SUBOMSION, IN SECTIOI{ 3, TOWNSHIP .T9 SOUTH, BAIGE 25 EAST,CgLLIEA COUNIY, FLORIDA CONSISTING OF r2.16 ACRES; AND By pROVtDtNG AN EFFECT|VEDATE. [PL2OUmr 38801
AND
A RESOLUNON OF THE BOARD OF ZONING APPEALS OF COLUER COUNTY, FLORIDAaPPROMNG A VAnhNCE FROM SECTTON 4.02.01, TABLE 2.1 - TABLE OF MiN|MUM yARIi
REOUIREMENTS, OF THE LAND DEVELOPMENT COOE, TO REDUCE THE REQUIRED MINIMUM
FRONT YABDS FROM 50 FEET TO 34.34 FEEI ON THE NORTH SIOE AND /li},S8 FEET ON THE WEST
SIDE, AND TO REOUCE THE REOUIRED MINIMUM SIDE YAND FROM 30 FEET TO 27.A4 FEET ON
THE SOUTH SIDE, FOR A SINGII FAMILY HOME ON AI{ RSF-I ZONED PROPERTY LOCATED AT(ts GORDONIA FOAD, ON THE SOUTHEAST CORNER OFGORDONIA ROADAND CARICA ROAD,
9! | polnoN oF LoT 19, BLocK H, ptNE RTDGE EXTENS|O SUBD|V|SION, tN SECnOI 3,TOWMiH|P 49 SOUIH, RANGE 25 EASI, COLLTER COUNTY, FLOFTDA tpL2o23qil4gosl
Project
Location
I2
All intoresl€d parti€s are invltod to app€ar and b€ head. Copi€s ol thE propos€d fuina.Ee/ Resoftrionwill b€ mad€ avajlable for inspection d the Collier County Clork,s office, fourth lloor, Coltier CoJnty
Governm€nt C€r{€(, 3299 East TamiomiTrail, Suit€ 401, Napt6s, FL 94.t.12, one (1) we€k prior to th€
scheduhd headng. Writton commerts must bo fited with tho Zoning DM!'ion, pnor to M.y.ta, 2024.
Ar pa.t ot dl orlgolng initiattue to encoure€ public lovolvem€nt, the prrblic will have the opportunity toprovido public commonts remotdy, as woll as in p€rson, d(rlng this proc€€dlng. lndividuala who would
lik6 lo participate rqrlot€ly shouH r€gist€. ttuorrgh th€ tink provid€d wtbtn th; sp€cifc or/ofiVm€otingedry on the Caisndar of Evoflt9 on the County website al wwwcolliercounM.gov/our-county/vbltorsT
cal6ndar-of-6vont9 after th6 agonda is post.d on th€ County w€bsite. R€giatition stDuld b6 done in
advanco oJ the.public m€gting, or any d€€dlin€ sp€citi€d r44thln the pob[; rngsting notice. tndivlduats
wtlo regid€f will r9c€avo an 6nr6il in advancs oJ the pubtic h€s.ing dstaiting how they can paibipate
I€motoly ln this mesting, Romo{o p€rticipation is providod as a cou.tosy and is at the us6r,s risk. Thecoudy is rlot r€6F,onsibr€ lor redlnlcat rsgu€a. For additional inlormation about rho me6ting, please caI
Ray 80110,16 at 252-2463 or ernait to Bay.BollowsocolliorcourM.gov
Any p6r9oo who docid€s io appoa, any decislon of tho Co[b. County pt.nnlng Comrdlrioo (CCFC]
will need a record ol lhs proceedings p€rlalning th€r€lo anO Aloreiorg, may-need to onsurs that av€abatm r€cord ol thg proc66dhgB ls rnado, which record include3 tho tostirnony and evidenco upoowhict th6 appoal ls bs€d.
tl yo, T" " p€rson with a dlsability wtro ne€ds any accommodation in ode( to participat€ in thbpro@€ding, you ar€ eititl€d. at no cost to you, to thg provision ol certain 6siEtanc6. il€qg€ cqtact th€
991Y 99. lty_i9lhi6 Manag€rn€ Divisbn, tocatsd ar 3glr5 Tarnlami Tra East, Suire .l Or , Napt6s, FL34112-5356,.(239 252-8380, at toaeltwo {2) qays prior to the m6eting. Assisted tistoning devicss ioithshoaring impaiEd at€ avaihblg ln tho Boqrd o( County Commission€rs o'fc6.
Collier Courny flannlng Comml$ion
Ednin Fry6r, Chairman
o
:
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8.A.d
Packet Pg. 95 Attachment: Attachment 3 - Legal Ads and Sign Photos (28972 : PL20230014908 438 Gordonia (VA))
8.A.d
Packet Pg. 96 Attachment: Attachment 3 - Legal Ads and Sign Photos (28972 : PL20230014908 438 Gordonia (VA))
8.A.dPacket Pg. 97Attachment: Attachment 3 - Legal Ads and Sign Photos (28972 : PL20230014908 438 Gordonia (VA))
NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (DCC) at 9:00 A.M. on June 11, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples Fl to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COl,INTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL SINGLE FAMILY-1 (RSF-.1) ZONING DISTRICT, TO ALLOW UP TO TWO SINGLE FAMILY DWELLING UNITS WITH A MAXIMUM DENSITY OF UP TO ONE DWELLING UNIT PER ACRE ON PROPERTY LOCATED. AT 438 GORDONIA ROAD, ON THE SOUTHEAST CORN� OF GORDONIA ROAD AND CARICA ROAD, ALSO DESCRIBED AS LOT 19, BLOCK H, PINE RIDGE EXTENSION SUBDIVISION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF :1:2.16 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230013880]
AND
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, APPROVING A VARIANCE FROM SECTION 4.02.01, TABLE 2.1 -TABLE OF MINIMUM YARD REQUIREMENTS, OF THE LAND DEVELOPMENT CODE, TO REDUCE THE REQUIRED MINIMUM FRONT YARDS FROM 50 FEET TO 34.38 FEET ON THE NORTH SIDE AND 43.58 FEET ON THE WEST SIDE, AND TO REDUCE THE REQUIRED MINIMUM SIDE YARD FROM 30 FEET TO 27.84 F� ON THE SOUTH SIDE, FOR A SINGLE FAMILY HOME ON AN RSF-1 ZONED PROPERTY LOCATED AT 438 GOROONIA ROAD, QN THE SOUTHEAST CORNER OF GORDONIA ROAD AND CARICA ROAD, ON A PORTION OF LOT 19, BLOCK H, PINE RIDGE EXTENSION SUBDIVISION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [Pl.20230014908]
8
A copy of the proposed Ordinance/ Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speakon behalf of an organization or group is encouraged. ltrecog11ized by the Chairman, a $Pokesperso111'Qf a group:ororganization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the, Board Shall be.submitted to the appropriate County staff a minimum of i;even (7) days prior to the public hearing. Al.I materials used in presen�ons before the Board. will become a permanent part of the record. • •
As part of an. ongoing . initiative to encourage public i11volvement, the public will have the opportunity to provide pubjic. commentsremotely, as well as in person, during this proceeding. Individuals who would like to participate rel11Qtely should register through the link provided within the specific event/meeting entry on the calendar of Events on the County website at www.colllercountyf!.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 prqvided a1;1a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov. • • •
Any person who decides to appeal any decision of the Board will need a record of tfie proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based.
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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,· FLORIDA CHRIS HALL, CHAIRMAN
CRYSTAL K. KINZEL, CLERK By: Yani Fernandez, Deputy Cl�rk (SEAL) N0'39465399
,JC"
'I
8.A.e
Packet Pg. 98 Attachment: sign photo -legal ads - agenda IDs 29008 & 28972 (438 Gordonia Rd. rezone) (28972 : PL20230014908 438 Gordonia (VA))
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC) at 9:00 A.M. on June 11, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 East Tamiami Trail, Naples FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A)
ZONING DISTRICT TO A RESIDENTIAL SINGLE FAMILY-1 (RSF-1) ZONING
DISTRICT, TO ALLOW UP TO TWO SINGLE FAMILY DWELLING UNITS WITH A
MAXIMUM DENSITY OF UP TO ONE DWELLING UNIT PER ACRE ON PROPERTY
LOCATED AT 438 GORDONIA ROAD, ON THE SOUTHEAST CORNER OF GORDONIA
ROAD AND CARICA ROAD, ALSO DESCRIBED AS LOT 19, BLOCK H, PINE RIDGE
EXTENSION SUBDIVISION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF ±2.16 ACRES; AND BY PROVIDING
AN EFFECTIVE DATE. [PL20230013880]
AND
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, APPROVING A VARIANCE FROM SECTION 4.02.01, TABLE 2.1 - TABLE
OF MINIMUM YARD REQUIREMENTS, OF THE LAND DEVELOPMENT CODE, TO
REDUCE THE REQUIRED MINIMUM FRONT YARDS FROM 50 FEET TO 34.38 FEET
ON THE NORTH SIDE AND 43.58 FEET ON THE WEST SIDE, AND TO REDUCE THE
REQUIRED MINIMUM SIDE YARD FROM 30 FEET TO 27.84 FEET ON THE SOUTH
SIDE, FOR A SINGLE FAMILY HOME ON AN RSF-1 ZONED PROPERTY LOCATED
AT 438 GORDONIA ROAD, ON THE SOUTHEAST CORNER OF GORDONIA ROAD
AND CARICA ROAD, ON A PORTION OF LOT 19, BLOCK H, PINE RIDGE
EXTENSION SUBDIVISION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [PL20230014908]
(See Map Below)
A copy of the proposed Ordinance/ Resolution is on file with the Clerk to the Board and is available for inspection. All
interested parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
8.A.e
Packet Pg. 99 Attachment: sign photo -legal ads - agenda IDs 29008 & 28972 (438 Gordonia Rd. rezone) (28972 : PL20230014908 438 Gordonia (VA))
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows
at 252-2463 or email to Ray.Bellows@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
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 Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Yani Fernandez, Deputy Clerk
(SEAL)
Posted to notices.collierclerk.com on May 22, 2024.
8.A.e
Packet Pg. 100 Attachment: sign photo -legal ads - agenda IDs 29008 & 28972 (438 Gordonia Rd. rezone) (28972 : PL20230014908 438 Gordonia (VA))
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438 Gordonia Rd Rezone Petition &
Companion Variance
Ptt111011No.RZ·PU0230013880
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CCPC:05·16 ·2024 9:00AM
BCC:06•112024 900AM
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3299 Ea_stTamiami Trail, Naples, Fl 34112
Enc o_rtman: 239-252-1 032
8.A.e
Packet Pg. 102 Attachment: sign photo -legal ads - agenda IDs 29008 & 28972 (438 Gordonia Rd. rezone) (28972 : PL20230014908 438 Gordonia (VA))
8.A.e
Packet Pg. 103 Attachment: sign photo -legal ads - agenda IDs 29008 & 28972 (438 Gordonia Rd. rezone) (28972 :