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CCPC Backup 05/03/2012 R & LDCccpc MEETING BACK -UP DOCUMENTS MAY 3 , 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MAY 3, 2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES: April 5, 2012 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDZ -PL- 2010 -592: Cultural Arts Village at Bayshore MPUD, Collier County Community Redevelopment Agency, represented by Banks Engineering and Pizzuti Solutions LLC, is requesting a rezone from the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial Convenience Zoning District (C- 2- BMUD -NC), and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the General Commercial Zoning District (C- 4- BMUD -NC), and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Mobile Home Zoning District (MH- BMUD -NC), to the Mixed -Use Planned Unit Development (MPUD) zoning district to be known as Cultural Arts Village at Bayshore MPUD. The 17.89 acre site is proposed to permit 48,575 square feet of commercial (retail, office and medical office) development, a 350 seat theatre, 84,000 square feet of parking garage and 40 residential units. The subject site is located within the Bayshore Drive Mixed Use Overlay District at 4265 and 4315 Bayshore Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. PUDZ- PL20110001519: Naples View RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Naples View RPUD to allow construction of a maximum of sixty-six residential dwelling units on property located at 6900 Airport Road North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11 +/- acres; and by providing an effective date [Coordinator: Kay Deselem, AICP, Principal Planner] B. BDE- PL20110001573: Jaffe Boat Dock Extension- A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL2011 -1573 for a 19 foot boat dock extension over the maximum 20 foot limit provided in Section 5.03.06 of the Collier County Land Development Code to allow for a 39 foot boat dock facility in an RSF -3 zone on property hereinafter described in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] C. VA- PL2011 -1576: Jaffe Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL2011 -1576, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on property located at 10091 Gulf Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] D. SV- PL20110002805: Agave Grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign n of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of its building which building is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] E. ST -PL- 2012 - 0000900: Marco Island Executive Airport Expansion Special Treatment Permit: requesting an After - the -Fact Special Treatment development permit for an airport taxiway and associated structures that have been constructed within a Special Treatment overlay (ST) for a project known as the Marco Island Executive Airport, located in Sections 26 and 35, Township 51 South, Range 26 East, Collier County, Florida. [Coordinators: Chris D'Arco, Environmental Specialist & Fred Reischl, AICP, Senior Planner] 10. OLD BUSINESS A. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending ordinance number 04-41, as amended, the collier county land development code, by amending certain sections as authorized by the Board of County Commissioners. [Coordinator: Caroline Cilek, Senior Planner] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp 1�n iKA ORDINANCE NO. 12 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE COMMERCIAL CONVENIENCE ZONING DISTRICT (C- 2- BMUD -NC) AND THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE GENERAL COMMERCIAL ZONING DISTRICT (C- 4- BMUD -NC) AND THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE MOBILE HOME ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE CULTURAL ARTS VILLAGE AT BAYSHORE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 40 RESIDENTIAL DWELLING UNITS AND UP TO 48,575 SQUARE FEET OF COMMERCIAL LAND USES, UP TO 84,000 SQUARE FEET OF PARKING GARAGE AND A 350 SEAT THEATRE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 17.89 + /- ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Community Redevelopment Agency, represented by Banks Engineering and Pizzuti Solutions LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 25 East, Collier County, Florida, is changed from the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial Convenience Zoning District (C- 2- BMUD -NC) and the Neighborhood Commercial Subdistrict of Cultural Arts Village / PUDZ- PL2010 -592 Revised 4/25/12 Page 1 of 2 f the Bayshore Drive Mixed Use Overlay District of the General Commercial Zoning District (C -4- BMUD -NC) and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Mobile Home Zoning District to a Mixed Use Planned Unit Development (MPUD), to allow construction of a maximum of 40 residential dwelling units and up to 48,575 square feet of commercial land uses, up to 84,000 square feet of parking garage and a 350 seat theatre in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F - CP \10- CPS - 01023 \54 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - Permitted Uses Development Standards Master Plan Legal Description List of Requested Deviations List of Developer Commitments Cultural Arts Village / PUDZ- PL2010 -592 Revised 4/25/12 Page 2 of 2 FRED W. COYLE, Chairman EAC Draft motion for meeting � n May 2, 2012 Prepared by: David Durrell May 2, 2012 1. This draft is subject to approval of the Environmental Advisory Council. 2. Author reserves right to make final language changes before final submittal of meeting minutes to Environmental Advisory Council Staff Liaison. Chairman Hushon moved to recommend the Board of County Commissioners approve the Marco Island Executive Airport Expansion Special Treatment Permit — ST -PL- 2012 -0900 subject to the following conditions: 1. The Conservation Easement (required in #S of the September 11, 2001 MOU) and Vegetation Management Program (required in #2 of the September 11, 2001 MOU) are to be prepared within 3 months and adopted/approved within 6 months (of issuance of the permit). 2. Upon development of a draft "Vegetation Management Program," the necessary parties are to begin operating under the auspices of the proposed Program. 3. Said Conservation Easement to be "recorded. " 4. All signatories or their successors (The Conservancy of Southwest Florida, The National Audubon Society, The Florida Audubon Society, The Environmental Defense Fund, Izaak Walton League - Florida Division, The Florida Department of Environmental Protection, The South Florida Water Management District, The Florida Department of Community Affairs, The Deltona Corporation and Collier County) to be notified of the process (for developing the Vegetation Management Program) and given an opportunity to participate in an information/agreement meeting. Second by Mr. Sorrell. Carried unanimously S — 0. PUDZ- PL2011 -1519 Teresa L. Polaski Naples View RPUD From: Sent: To: Cc: Subject: Attachments: DeselemKay <KayDeselem @colliergov.net> Monday, April 02, 2012 12:07 PM 5/3/12 9A Minutes and Records Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Kendall, Marcia ad to NDN CCPC 5/3/12 for Naples View RPUD, PUDZ- PL2011- 0001519 letter to NDN 2 3- 29- 12.docx; 2 X 3 map for NDN.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. • r • ♦ s r •s Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239 -252 -2931 Fax: 239 -252 -6357 kaydeselem@collier og v.net Under Honda Lavv, e-rnaic addresses are public records. If you do not want yo.ir e -rnall address released in response to a pudic records request. do not send elecirorrc ma( to this entity. instead, c tact this office Pty telephone or in writing. March 29, 2012 Collier County Planning Commission Public Hearing Advertising Requirements q Please publish the following Advertisement and Map on April 13, 2012, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: PUDZ- PL20110001519: Naples View RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Naples View RPUD to allow construction of a maximum of sixty -six residential dwelling units on property located at 6900 Airport Road North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11 +/- acres; and by providing an effective date [Coordinator: Kay Deselem, AICP, Principal Planner]. (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman MARKER LAKE VANDERBILT BEACH RD. VILLAS FOUNTAI BRIGHTON GARDENS VINEYARDS (DRI) MNEYARDS MONTEREY PARK (DRI) CITRUS EMERALD LAKES GARDENS OAK rtc¢HCr m �q (5) GROVE 6 5 2 P t LALANES KES PROJECT SLEEPY LONGVIEW FIRST LOCATION 5 HOLLOW �uEwcµw B PTST AN —E aue LONE OAK CHURCH g p EYSTONE PLACE PRINCE PARK WILLOW PARK K ? ^ K F Z 0 GOLDEN GATE ESTATES MANCHESTER UNIT 35 PINE AIR 4 U SQUARE Z 7 6 it LAKES V 12 ANGILERI(S) �^ (DRI) a CYPRESS GLEN DGE 4 SUMME RWIND COgNfRS S v MPINEII S (C.R. 896) CNORTHL CLESEN PINE RIDGE ROAD Teresa L. Polaski From: RodriguezWanda <Wanda Rod riguez @colIiergov.net> Sent: Monday, April 02, 2012 2:02 PM To: Minutes and Records; Deselem, Kay Cc: Ashton, Heidi Subject: re: ad to NDN CCPC 5/3/12 for Naples View RPUD, PUDZ- PL2011- 0001519 The language of the attached ad conforms to the title language most recently approved by this office, and the ad request is within the statutory time frame for advertising; OK to proceed. A-Vancici Rodr -k u.ez, -ACP .;=lcfvcTnced Cert died Para fe�jaf hone: (23g) 2 2 -8400 fCIX: (23,9) 252 -63,00 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: DeselemKay Sent: Monday, April 02, 2012 12:07 PM To: Minutes and Records Cc: BellowsRay; LorenzWilliam; Trish L. Morgan; NeetVirginia; RodriguezWanda; KendallMarcia Subject: ad to NDN CCPC 5/3/12 for Naples View RPUD, PUDZ- PL2011- 0001519 Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. tl 05i� F8 letter to NDN 2 2 X 3 map for 3- 29- 12.docx NDN.pdf Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239- 252 -2931 Fax 239 -252 -6357 kaydeselemCOcolliergo v.ne t Acct. #068779 April 3, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ- PL2011 -1519, Naples View RPUD (Display AD w /Map) Dear Legals: Please advertise the above referenced notice with MAP on Friday, April 13, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500131207 April 3, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 13, 2012, and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite #401, Naples, FL. 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commissioners meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: PUDZ- PL20110001519: Naples View RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Naples View RPUD to allow construction of a maximum of sixty -six residential dwelling units on property located at 6900 Airport Road North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11 +/- acres; and by providing an effective date [Coordinator: Kay Deselem, AICP, Principal Planner]. (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman MARKER LAKE VANDERBILT BEACH RD. VILLAS FOUNTAI VINEYARDS BRIGHTON (DRI) GARDENS MNEYARDS PARK MONTEREY (DRI) CITRUS EMERALD L LAKES I GARDENS OAK PEQNT m Mossw (s) GROVE SENA 1 6 5 SAp NINUI 2 jaN u� LAKES PROJECT - SLEEPY LONGNEW FIRST LOCATION w Sv HOLLOW rtA�uc^N CENTER BAPTIST sN -NNE LONE CHURCH OAK (5) PRINCE PARK CREEK Q EYSTONE PLACE WILLOW PARK p O� w Z_ ? ^ GOLDEN GATE ESTATES J MANCHESTER UNIT 35 PINE AIR � SOU ARE 4 U z 7 8 11 LAKES V lZ Z gNGILERI (5) '^ (DRI) Oa CYPRESS GLEN CAMBRIDGE SQUARE RAGGE PINE RIDGE rc T — SUMMERWINO (S) CORN[RS S W PA K CENTRAL NAPLES CLESEN GATEWAY S� (C. R. R96) NORTH PINE RIDGE ROAD Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: PUDZ- PL2011 -1519, Naples View RPUD Attachments: PUDZ- PL2011 -1519, Naples View (CCPC).doc; PUDZ- PL2011 -1519, Naples View (CCPC).doc; PUDZ- PL2011 -1519 MAP.pdf Legals, Please advertise the attached Display Ad w /MAP on Friday, April 13, 2012. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records department 239 -252 -8411 239 - 252 -8408 fax Teresa.Polaski@collierclerk.com 1 Teresa L. Polaski From: Sent: To: Subject: Attachments: Please provide approval ASAP. The total ad cost is $912. Thank You, Naples News Legals Green, Amy <AGreen @Naplesnews.com> Thursday, April 05, 2012 11:22 AM Teresa L. Polaski 240188509 NDN240188509[1].PDF PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commission- ers meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: PUDZ- PL20110001519: Naples View RPUD -- An Ordi- nance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zon- ing district for the project to be known as the Naples View RPUD to allow construction of a maximum of sixty -six residential dwelling units on property located at 6900 Air- port Road North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11 +/- acres; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner v G GAAROEDNES R LT BAH V'H)Os (ORI nos wA)RS ROVE E E 5 5 PROJECT ZEU n W sUE oww.rE c cE „reREw e.Pns. L LOCATION V(FI RIN<E V ? — F F GOLDEN GATE ESTATES PIH N c ER (OpE)S�S Z Z d BROGE P S DGLEN A SER 5 PINIE C . RR. I DBOG5E 1 R ( GR interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No 240188509 April 13, 2012 Teresa L. Polaski From: DeselemKay <KayDeselem @colliergov.net> Sent: Thursday, April 05, 2012 3:03 PM To: Teresa L. Polaski Subject: RE: 240188509 Looks great. Thanks. Kay Deselem, AMP, Principal Planner Zoning Services - -Land Development Services Department 6rowth Management Division -- Planning d Regulation Phone: 239 -252 -2931 Fax: 239 -252 -6357 kayoesglem@colliergov.net From: Teresa L. Polaski fmailto: Teresa .Polaski(cbcollierclerk.coml Sent: Thursday, April 05, 2012 11:24 AM To: DeselemKay; RodriguezWanda Subject: FW: 240188509 Please review and get back to me. Our office will be closed tomorrow, so I need to get back with NDN today. There will be 3 more also. Thanks From: Green, Amy [mailto:AGreen @Naplesnews.coml Sent: Thursday, April 05, 2012 11:22 AM To: Teresa L. Polaski Subject: 240188509 Please provide approval ASAP. The total ad cost is $912. Thank You, Naples News Legals Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskCcbcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mat address released in response to a public records request, do not send t ectrmc mail to this entity, instead, contact this office by telephone or in writing, 1 Teresa L. Polaski From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Thursday, April 05, 2012 12:51 PM To: Teresa L. Polaski Cc: Deselem, Kay Subject: RE: 240188509 The ad for Naples View RPUD looks fine. Wanda 'Roc &iguez, _ACI' .Ac�va,��cec� Certified `Paralegal pholie: (2390 252 -8400 fax. (239) 252 -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.coml Sent: Thursday, April 05, 2012 11:24 AM To: DeselemKay; RodriguezWanda Subject: FW: 240188509 Please review and get back to me. Our office will be closed tomorrow, so I need to get back with NDN today. There will be 3 more also. Thanks From: Green, Amy jmailto:AGreen@Naplesnews.coml Sent: Thursday, April 05, 2012 11:22 AM To: Teresa L. Polaski Subject: 240188509 Please provide approval ASAP. The total ad cost is $912. Thank You, Naples News Legals Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskC'Ocollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Barbara Boyer, who on oath says that she serves as the Sales Coordinator of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on April 13th, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for p i tion in the said newspap ( Signature of affiant) Sworn to and subscribed before me This 17th day of April, 2012 I 8LAW.") (Signatu�ary public) W "''• CRYSTAL G. JONES MY COMbNSSIQN # DD 881614 EXPIRES: June 27, 2013 ftf1 h horded Ttxu Notary Public Urdenwiters PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commission- ers meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: PUDZ- PL20110001519: Naples View RPUD -- An Ordi- nance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zon- ing district for the project to be known as the Naples View RPUD to allow construction of a maximum of sixty -six residential dwelling units on property located at 6900 Air- port Road North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11 +/- acres; and by providing an effective date. [Coordinator: Kav Deselem, AICP, Principal Planner] ARKER LA LL PARK MON,EREY —ERBILT BEACH RD. 5 BRi n�TN05 NN(ORI D; vAR NNEDRI)Os EuEKE � _ OEU GR�ON' w ) s i�(s 6 5 PROJECT E BENS aiow Ew t .11 �LE LOCATION - WURCt NE R ADE OON. sLL -� ^ i - GOLDEN G Esrnra PINE A „ u 3 .—Es iEN ­ARE 4 ci 12 UNIi�35 N W�R�IO(RS) B (DRE)s R A—f— RA P p? Z SuNMERV.wOCE � s I RS SV PINE ft E ROAD �K CEOs AL CA,EWAY CIEBEN All interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No 240188509 Aoril 13, 2012 AGENDA ITEM 9 -A Collier C01414ty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: MAY 3, 2012 SUBJECT: PUDZ- PL20110001519: NAPLES VIEW RPUD PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: W. Stephen Hagenbuckle, Managing Member for Naples View LLC 1314 Cape Coral Parkway, Suite 320 Cape Coral, FL 33904 REQUESTED ACTION: Agent: Alexis Crespo, AICP Waldrop Engineering, P.A. 28100 Bonita Grande Drive, Suite 305 Bonita Springs, FL 34135 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from the Rural Agricultural Zoning District to the Residential Planned Unit Development District (RPUD) Zoning District to allow development of a maximum of 66 dwelling units. For details about the project proposal, refer to "Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, consisting of 11.3± acres, is located on the east side of Airport- Pulling Road, approximately 800 feet south of the intersection of Airport- Pulling Road (County Road 31) and Orange Blossom Drive, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting a rezone from the Rural Agricultural zoning district to the RPUD zoning district to allow development of a maximum of 66 dwelling units, that could be PUDZ- PL20110001519: Naples View RPUD Page 1 of 20 May 3, 2012 CCPC Revised 4/12/12 31V35 Ol lON / 7 MMEW AIL Q z z N I..1. Q Z O Q U O 0 N J a N 4. Z 0 H OiNA3Y10B NYJDI OHVL31n0O tltltlSilVB V1NVS y„� O Y SL-31VIStl31Nl 9 j � � SL'31tl1SM31N1 m� 91a dm ' ]_ "�'v "� €3 is �Q �� ^,• W WAO�NOO�I ¢ ;„ —va �plO) LMNGSlON ROLE 3 u� S? G38 OVOY NOISOMNI HStI'/N M/JR3d _ FIR r'1 b� H Oho N �Q uo99g Eo 0 ffv o m w� V a� 9N� m log (L£O) d� N < g�j (lf'ifO) > OtlOtl ONTnd-1tlOdLltl IIOl1WV3 F O VOH ON nllI'nd'1HOdtlltl �� x3uone 31 Igo � Y' 6 OM OYOtl 3LL31O000 km Oac Ntl3QAM Oisz� lS@ 2f3) Ovoy NNVl13y11310000 rc ° r ash S� n (199113) OVOH NNtl .11310000 " V r n (It s7l) Ilya IWMWvl O1 TO llVtll IWMWVI Q z z N I..1. Q Z O Q U O 0 N J a N 4. Z 0 H FLU: ORANGE BLOSSOM MIXED USE SUBDISTRICT ZONING: PUD EXISTING LAND USE: RETAIL PLANT NURSERY VEHICULAR / BICYCLE / PEDESTRIAN LINKAGE TO FUTURE PUD 10' TYPE "B" BUFFER pl � 0' zl3 CIO ao I � N i ZII Q U, 20',TYPE "D ' ' �UFFER O, 'o' Q, OPTIONAL - 6' I8' FACE / WA�L E OPTIONAL EATION RESIDENTIAL TRACT ILITY (R2) ITIONA TYPE "A" BUFFER FOR N Z I SINGLE FAMILY UNITS RESIDENTIAL (TYP.) FLU: URBAN RESIDENTIAL SUBDISTRICT OR AS ALLOWED BY LDC Z 661 E j ZONING: PUD TYPE "B" BUFFER FOR 41% Z EXISTING LAND USE: SINGLE FAMILY RESIDENTIAL (WALDEN OAKS) MULTI - FAMILY UNITS OR J "! 100% AS ALLOWED BY LDC. PROPOSED ZONING RESIDENTIAL PUD DENSITY MAX. 66 UNITS /11.30 AC = 5.84 DU /AC -- N IPI- NEII&E k6AD -C- i OPTIONAL B 10' -15' BUFFER FENCE // WALL ' — �/—W % E OPTIONAL EATION RESIDENTIAL TRACT ILITY (R2) ITIONA 4.5 t OI GATE I R.O.W. I OPTIONAL R.O.W. LINE 10' -15' BUFFER RECREATION (TYP ) FACILITY 4.5 t RESIDENTIAL TRACT ; -- RESIDENTIAL (R2) 20' L.M.E. TRACT LINEC RESIDENTIAL (TYP.) - - - TRACT LINE OPTIONAL 6'- FENCE /WALL OPTIONAL RECREATION FACILITY 15' TYPE "B" BUFFER R.O.W.- T I - - - - -- 10' -15' BUFFER R.O.W. LINE) RESIDENTIAL TRACT (TYP.) `\- 4.5 t (R1) -� i FLU: 20' L.M.E. URBAN RESIDENTIAL RESIDENTIAL j SUBDISTRICT ZONING: - - - TRACT LINE I PUD (TYP•) EXISTING LAND USE: OPEN SPACE MULTI - FAMILY 41% RESIDENTIAL (WALDEN 2.2 t OAKS) LAKE 11.3 t FLU: URBAN RESIDENTIAL SUBDISTRICT ZONING: PUD EXISTING LAND USE: R.O.W. AND PRIVATE AMENITY FACILITY (WALDEN OAKS) LAND USE SUMMARY CATEGORY ACREAGE PERCENTAGE OF TOTALACREAGE IMPERVIOUS 4.5 t 40% BUILDING 3.3 t 29% PAVEMENT/ SIDEWALK 1.2 t 11% PERVIOUS (OPEN SPACE) 6.8:t 60% OPEN SPACE 4.6 t 41% LAKE 2.2 t 19% TOTAL AREA 11.3 t 100% CURRENT ZONING RURAL AGRICULTURAL PROPOSED ZONING RESIDENTIAL PUD DENSITY MAX. 66 UNITS /11.30 AC = 5.84 DU /AC � P W, k aI[ONa� 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATIONS AT TIME OF AGENCY PERMITTING. 2. ALL ACREAGE IS APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF PPL OR SDP APPROVAL. 3. L.M.E. = LAKE MAINTENANCE EASEMENT 4. NO PRESERVATION IS REQUIRED AS ALL ON -SITE VEGETATION IS EXOTIC. 5. THE LOCATIONS FOR RECREATIONAL FACILITIES ARE APPROXIMATE IN NATURE. RECREATIONAL FACILITIES ARE NOT REQUIRED. OPTIONAL 6' - 8' FENCE / WALL NORTH .y _ VANbERBILT BEA I ROAD C" - LOCATION O BL SOM DR11 ' , T r i if -- IPI- NEII&E k6AD -C- i U W W v W wH ra.I z0. W a U z z z U uU U U V U a Lu a a ❑ ❑ ❑ W W W mcnm lLru r N � N O O o 0 PROJECT LOCATION MAP SETNUMBER: 265 -01 -01 XOE I SHEET: 1 comprised of single - family detached, zero -lot line, two - family, duplex and townhome units along with customary residential development accessory uses. The petitioner proposes to use Transportation Concurrency Management Area (TCMA) allowances to increase density over the 3 units per acre base density if additional units above the base density are constructed. Please refer to the GMP discussion for more details about the TCMA. The Master Plan shows one access point onto Airport Pulling Road, a vehicular /bicycle /pedestrian access to the north, two different residential tracts —Tract RI and Tract R2, along with areas depicting a lake, rights -of -way, buffers, and optional recreation areas. Tract RI proposes single - family detached, zero lot line, and two - family /duplex dwelling units. Tract R2 allows the uses in R1 and townhouse units also. There is no preserve requirement for this site. The petitioner is seeking approval of five deviations for this petition. These are discussed later in this report. SURROUNDING LAND USE AND ZONING: North: A nine± acre tract developed as a landscape nursery, with a sunsetted PUD zoning designation (Longview Center PUD, a mixed use project -- Ordinance # 03 -41); and a portion of Walden Oaks residential subdivision, with a zoning designation of PUD (Lone Oak) that was approved at a density of 6.32 units per acre with structures up to three stories in height (last amended in Ordinance # 89 -30) East: A residential portion of Walden Oaks subdivision, with a zoning designation of PUD (Lone Oak) that was approved at a density of 6.32 units per acre with structures up to three stories in height (last amended in Ordinance # 89 -30) South: office uses within the Walden Oaks Professional Center subdivision, with a zoning designation of PUD (Lone Oak) that was last amended in Ordinance # 89 -30 West: Airport- Pulling Road; then an undeveloped 10± acre tract with a Rural Agriculture zoning designation and The Carlisle at Naples, a retirement facility with a zoning designation of Rural Agriculture with a Conditional Use for a group care facility (Resolution 96 -405) PUDZ- PL20110001519: Naples View RPUD Page 2 of 20 May 3, 2012 CC PC Revised 4/12/12 Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) and is within the Traffic Congestion Boundary, as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). Also, the property is located within the Northwest Transportation Concurrency Management Area (TCMA) as identified in the Transportation Element. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 DU /A. This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as Planned Unit Developments. The Subdistrict also provides for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Review of the Density Rating System deems this project eligible for a base density of 4 DU /A, and a density reduction of 1 DU /A, because it is located within the Traffic Congestion Area. The applicant has proposed to use the Transportation Concurrency Management Area (TCMA) Density Bonus units, which allow for up to 3 additional DUs /A. The resulting eligible density of 6 DU /A yields a total of 68 DUs. PUDZ- PL20110001519: Naples View RPUD Page 3 of 20 May 3, 2012 CCPC Revised 4/12/12 Pursuant to FLUE Policy 6.3, the subject property may only qualify for the TCMA density bonus of 3 additional DUs /A provided that at least 2 of the 5 criteria below are met. The criteria are stated in italics; followed by staff comment in bold. a) Include neighborhood commercial uses within a residential project. [This criterion is not proposed by this application.] b) Providing transit shelters within the development (must be coordinated with Collier County Transit). [This criterion is not proposed by this application.] c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. [The applicant is proposing bicycle and pedestrian facilities within the project and an interconnection with the Orange Blossom Mixed Use Subdistrict, located north of the subject property.] d) Including affordable housing (minimum of 25% of the units) within the development. [This criterion is not proposed by this application.] e) Vehicular access to abutting commercial properties. [The applicant is proposing a vehicular interconnection with the Orange Blossom Mixed Use Subdistrict, located north of the subject property.] FLUE Objective 7 and relevant policies are stated below (in italics); each policy is followed by staff analysis (in bold). Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project's entrance is provided from Airport - Pulling Road, an arterial roadway.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The RPUD Conceptual Master Plan does not depict a loop road within the project and contains only one entrance. The subject site is a small infill property with all future development accessing the internal road. However, the applicant has proposed, through the TCMA density bonus provision, a vehicular and pedestrian/bicycle access to the Orange Blossom Mixed Use Subdistrict, located north of the subject site.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The subject site is a small infill property with limited interconnection /access potential to neighboring properties. However, the applicant has proposed, through the TCMA density bonus provision, a vehicular and pedestrian/bicycle access to the Orange Blossom Mixed Use Subdistrict, located north of the subject site.) Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The RPUD will be developed with an internal sidewalk system that connects to the existing sidewalk along Airport Pulling Road. Additionally, the RPUD is proposed to PUDZ- PL20110001519: Naples View RPUD Page 4 of 20 May 3, 2012 CCPC Revised 4/12/12 include various housing types, including single family, patio homes, and townhome dwellings; potential recreational facilities; and a vehicular and pedestrian/bicycle access to the mixed use subdistrict north of the subject site.) Economic Element: Policy 1.9: Collier County, in response to the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes, prices, and rents. (The subject rezone proposes the development of various housing types, including single family, and townhome dwellings, etc.; housing prices and /or rents have not been disclosed.) Comprehensive Planning staff concludes the proposed development may be deemed consistent with the Future Land Use Element (FLUE) and the applicable Policy of the Economic Element as noted above. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Airport- Pulling _Road Impacts: The first concurrency link that is impacted by this project is Link 2.2, Airport- Pulling Road between Orange Blossom Drive and Pine Ridge Road. The project generates 29 net new p.m. peak hour, peak direction trips, which represents a 0.70% impact (1.13% coincide with the `off - peak' network direction). This segment of Airport- Pulling Road currently has a remaining capacity of 1,880 trips, and is currently at LOS "C" as reflected by the 2011 AUIR. No subsequent links beyond this segment of Airport- Pulling Road are significantly impacted by this project. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the application has determined that the proposed PUD document complies with all applicable GMP and LDC provisions regarding conservation, native vegetation preservation and potential listed species impacts. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. PUDZ- PL20110001519: Naples View RPUD Page 5 of 20 May 3, 2012 CCPC Revised 4/12/12 ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. There are no outstanding environmental issues. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues. The PUD document contains the mitigation discussed in the Transportation Element section of this staff report. Utility Review: This project is located within Collier County Water and Sewer District and Utility staff has requested the petitioner place specific commitments in the PUD; the petitioner has included those commitments as requested. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. PUDZ- PL20110001519: Naples View RPUD Page 6 of 20 May 3, 2012 CCPC Revised 4/12/12 The development standards contained in Exhibit B of the PUD document show the following: TABLE I RESIDENTIAL DEVELOPMENT STANDARDS(') PERMITTED USES Single Family Zero Lot Two Townhome Recreation AND STANDARDS Detached Line Family, Duplex Min. Lot Area 5,000 SF 4,000 SF 3,500 SF 1,400 SF N/A Min. Lot Width z 50' 40' 35' 16' N/A SETBACKS Front (3 )(4) 15' 15' 15' 15' 20' Side 5' 5'/0' 5'/0' 51/0' 20' Rear (Principal) 15' 10' 10' 10' 10' Rear (Accessory) 0' 0' 0' 0' 0' Water body 20' 20' 20' 20' 20' Airport Pulling Rd. 25' 25' 25' 25' 25' Min. Distance Between Principal 10' 10'/0'15) 10' /0'(S) 10'/0'15) Sum of BH Structures Max. Building Height Zoned 35' 35' 35' 35' 35' Actual 40' 40' 40' 40' 40' No. of Stories 2 2 2 2 2 The neighboring PUD, Lone Oak, was last amended over 20 years ago and approved more than 25 years ago and it does not contain a similar development standards table. However that PUD contains development standards where standards were provided, such as a 30 foot setback from internal rights -of -way, a maximum residential building height of 3 habitable stories, and a minimum distance between principal structures of '/2 the sum of the building heights. Lone Oak PUD has been developed with a mixture of single - family and multi - family units as well as cluster and patio housing. Although the project was approved for 604 units, the project has been built out at 322 units and 24,000 square feet of commercial use. As shown in the aerial photograph located on page 2 of the staff report, the surrounding land use and zoning discussion. of this staff report, and the Master Plan, the site is bounded to the east and south by the Lone Oak PUD that has developed as the Walden Oak project. To the north is a sunsetted PUD that is currently used as a landscape nursery. Across Airport Pulling Road to the west, is The Carlisle retirement center and a 10 acre undeveloped tract. Both of those tracts are zoned Agriculture. Staff is of the opinion that the proposed maximum zoned building height of 35 feet (zoned) and 40 feet (actual) limited to two stories is comparable to the maximum height limits approved for the abutting property. PUDZ- PL20110001519: Naples View RPUD Page 7 of 20 May 3, 2012 CCPC Revised 4/12/12 A pedestrian/bicycle and vehicular interconnection has been provided on the site plan to the north. Because the PUD to the north is sunsetted, an amendment would be required to allow additional development on that site. At that time, the interconnection could be made if it remains warranted. Deviation Discussion: The petitioner is seeking five deviations from the requirements of the LDC. The deviation is listed in PUD Exhibit E. Deviation 1: Deviation seeks relief from LDC Section 4.06.02.0 that requires a 15 -foot wide Type "B" buffer where proposed residential uses abut existing commercial uses, to allow for a 10 -foot wide Type "B" buffer where the property abuts the commercial use to the north. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow for design flexibility for this infill parcel, while meeting the intent of the LDC by providing appropriate buffering between the proposed residential use and the existing commercial use to the north. The requested deviation is only to reduce the overall width of the buffer yard, not the number or type of proposed plantings. Thus, the opacity of the required buffer will not change as a result of this deviation. The required plantings can be accommodated within the proposed 10' buffer yard; therefore approval of this deviation will not negatively impact the survival rate or appearance of the buffer plantings. Staff Analysis and Recommendation: A Type B buffer is described below: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. The petitioner has the less intense proposed land use, i.e., proposed residential vs. mixed use to the north. Any commercial uses that are ultimately developed on the adjacent tract could have more impact on the subject property's residential project. Thus if the petitioner wishes to be permitted to provide a narrower buffer, it seems appropriate to allow the reduction. However staff does have a concern. As previously noted, the PUD to the north needs to be amended prior to commencement of any new development to rectify the sunsetted status of the PUD. Staff does not want to create a situation wherein the subject property owner could ask that the PUD be required to provide enhanced or wider buffers to address what could be considered to be self - created incompatibility between the two projects. It would have to be noted if this situation occurs that the Naples View petitioner voluntarily reduced the required buffer on the property. PUDZ- PL20110001519: Naples View RPUD Page 8 of 20 May 3, 2012 CCPC Revised 4/12/12 Zoning and Land Development Review staff would recommend APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safetv and welfare of the community" and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 2 seeks relief from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The requested deviation will allow for a banner sign which has been previously approved for other residential communities within the County. The subject property is not located in an area of new constructionlemerging residential growth within the County, such as Immokalee Road east of I -75, which compels the need for additional signage to adequately market the property. Additionally, the Property's limited frontage along Airport Road, coupled with the significant setback created by the Airport Road canal, are existing hardships that reduces the visibility of the project. The sign will be temporary, and will undergo the requisite temporary sign permit process in accordance with Section 5.0.06. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. However the applicant did not state a time limit for the temporary sign. Staff recommends that the temporary banner sign be approved for no longer than 28 days per calendar year based upon LDC Section 5.04.05.A.3.a. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that the temporary banner sign be approved for no longer than 28 days per calendar year, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting _ up blic purposes to a degree at least equivalent to literal application of such regulations." Deviation 3 seeks relief from LDC Section 6.06.01, which requires a minimum width of 60 feet for cul -de -sac and local street rights -of -way, to allow for a minimum 45 -foot right -of -way internal to the proposed development. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The proposed deviation will allow for design flexibility within this infill parcel. As indicated above, the proposed project is a true infill development with existing site constraints, including a large stormwater management pond. The reduced right -of -way PUDZ- PL20110001519: Naples View RPUD Page 9 of 20 May 3, 2012 CCPC Revised 4/12/12 width will allow the Applicant to achieve a higher percentage of on -site, useable open space and will maintain sidewalks along both sides of the roadways, as required by Section 6 06 02 of the LDC. Additionally, the right -of -way will be privately maintained by the future Homeowners Association (HOA) and will be constructed per the typical cross section included on the Master RPUD Plan. Studies have determined that reduced right -of -way widths act as a traffic calming feature and will assist in maintaining public health, safety and welfare within the community. For these reasons, the Applicant respectfully submits that the proposed deviation will not negatively impact public health, safety or welfare. Staff Analysis and Recommendation: LDC Section 6.06.0l.0 allows developers of any type (zoned) project to seek alternatives pursuant to LDC Section 6.06.01.0 at the time of platting. Those requests must be accompanied by "documentation and justification for the alternate section based on sound engineering principals and practices." These alternative designs are often sought as part of the zoning process so the developer can have some assurances that the proposed Master Concept Plan is viable if the Master Plan siting was calculated using an alternative design. The PUD deviation process provides a way for the petitioner to acquire that assurance without being required to submit the alternative design in compliance with LDC Section 6.06.01.0. Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting_ public purposes to a degree at least equivalent to literal application of such regulations." Deviation 4 seeks relief from LDC Section 6.06.0l.J which prohibits dead -end streets, to allow the dead end street shown on the RPUD Master Plan. Petitioner's Rationale: The petitioner provided the following justification for this deviation: Per the attached RPUD Master Plan, the Applicant is requesting a 140 foot long dead - end street to service approximately three (3) future dwelling units within the project. The proposed dead end street is in compliance with state and local fire safety standards, as the Collier County Fire Code permits dead -end streets up to a length of 150 feet. Therefore, the requested deviation will not negatively impact public health, safety or welfare. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation PUDZ- PL20110001519: Naples View RPUD Page 10 of 20 May 3, 2012 CCPC Revised 4/12/12 is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 5 seeks relief from LDC Section 5.03.02.C.2, which permits a maximum wall height of six (6) feet in residential zoning districts, to allow for a maximum height of eight (8) feet for a combination wall and berm the property lines. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The proposed deviation will allow for additional visual screening and mitigation of noise pollution resulting from traffic along Airport Road, a 4 -lane divided arterial roadway, as well as the surrounding properties. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the proposed RPUD. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health. safetv and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non - italicized font] : PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff is of the opinion that the proposed uses are compatible with the approved uses and existing development in the area. In addition, the proposed property development regulations provide adequate assurances that the proposed project will be suitable to the type and pattern of development in the area. PUDZ- PL20110001519: Naples View RPUD Page 11 of 20 May 3, 2012 CCPC Revised 4/12/12 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to obtain platting and /or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. A copy of the Comprehensive Planning Staff s complete GMP analysis has been attached. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Analysis Section of this staff report, staff is of the opinion that the proposed uses, development standards and developer commitments will help ensure that this project is compatible with the surrounding area. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project as noted in the GMP FLUE and Transportation Element consistency review, if the mitigation proposed by the petitioner is included in any approval recommendation. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the commitments made by PUDZ- PL20110001519: Naples View RPUD Page 12 of 20 May 3, 2012 CCPC Revised 4/12/12 the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking five deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes the deviations can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.13.5.11, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Staff is recommending that this project be found consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development and with all other applicable policies of the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed rezoning is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD rezone would not create an isolated zoning district because the abutting lands are also zoned PUD. Additionally, the project is required to provide pedestrian and vehicular interconnection to the adjacent (north) commercial development. PUDZ- PL20110001519: Naples View RPUD Page 13 of 20 May 3, 2012 CCPC Revised 4/12/12 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn since the zoning boundary mirrors the existing property boundary. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes and the project's consistency with the GMP. However the site is currently zoned Rural Agricultural while located in an urban GMP land use designation, Urban Residential Subdistrict. The previous agricultural use, Wizard Nursery, has ceased operation at this site, thus it seems appropriate to rezone the property to a zoning district that will allow a more urban list of uses. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed change, subject to the proposed list of uses and property development regulations and the proposed Development Commitments detailed in Exhibit F, is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Therefore, the proposed change should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time subject to the Transportation Commitments contained in Exhibit F of the RPUD ordinance. 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations provide adequate setbacks and distances between structures; therefore the project should not significantly reduce light and air to adjacent areas. PUDZ- PL20110001519: Naples View RPUD Page 14 of 20 May 3, 2012 CCPC Revised 4/12/12 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Properties to the north of this property are zoned PUD but remain undeveloped with the uses that would be allowed by that zoning. Rezoning this property to a PUD district seems appropriate and allows for the interconnection shown on the PUD Master Plan. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property already has been and could still be developed within the parameters of the existing agricultural zoning; however, the proposed zoning more correctly reflects the intent of development allowed in the GMP. In any case, however, the petitioner is seeking this rezone in compliance with LDC provisions for such action to seek the highest and best use of the land. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the proposed rezone boundary follows the existing property ownership boundary. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the PUDZ- PL20110001519: Naples View RPUD Page 15 of 20 May 3, 2012 CCPC Revised 4112/12 needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a particular zoning petition. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant, Steve Hagenbuckle, representing Naples View, LLC, in conjunction with Waldrop Engineering, P.A. and Collier County Staff, conducted a duly noticed NIM on Thursday, January 12, 2012 at the Collier County Library at 2385 Orange Blossom Drive. In addition to the applicant's team and Collier County staff persons, approximately 50 persons attended. PUDZ- PL20110001519: Naples View RPUD Page 16 of 20 May 3, 2012 CCPC Revised 4/12/12 Steve Hagenbuckle began the meeting with providing introductions and a brief overview of the project. The applicant's team presentation included an overview of the project location and history, demonstration of the proposed RPUD master plan, proposed uses, and density, and information about the application process and up- coming public hearings. Following the Agent's presentation, the meeting was opened up to attendees for comments and questions. The following is a summarized list of the questions asked and responses given. Question /Comment 1: When will development begin - what is the anticipated development timeframe? Response: The developer would like to break ground in later summer /early fall 2012 for infrastructure such as roads. Question /Comment 2: How much flexibility does the developer have to develop single family units versus multi - family units? Response: The intent is to develop single family dwellings, and unless there is a significant change in market demand only single family will be constructed. The application requests the flexibility to construct a variety of units due to the state of the real estate market and changing demand. The Applicant also noted that the PUD master plan layout is for approximately 33 single family units and does not lend itself to multi - family uses. Question /Comment 3: As part of the zoning process does the Applicant have to specify the proposed residential dwelling types. Response: Yes, the application includes a schedule of uses that includes a variety of product types: single family detached, twin villa/single family attached, and multi - family. Steve reiterated that there is very little market for multi- family and the intent is to develop single family uses. Question /Comment 4: There is concern with broadness of request/ability to develop multi - family uses. Also asked what the traffic impact of the development will be. Response: Applicant advised that a Traffic Impact Statement (TIS) was completed and there were no negative traffic impacts to Airport Road due to the low trip generation of the proposed development. The Applicant also noted that the developer will be responsible for a proportionate fair share of the Orange Blossom /Airport Road intersection based upon the project's impact to that intersection. Also noted, the TIS is based upon the maximum attainable density of 66 units. Question /Comment 5: There is concern with ability of Walden Oaks residents to make right turn onto Airport Road to head northbound. Response: So noted. Question /Comment 6: What is the status of Staff's comment to provide a hardened separator to prevent future Naples View residents from accessing the southbound turn lane in front of the Property. Response: The Applicant is working on addressing this comment with Staff. Question /Comment 7: Is the Applicant contributing to the Orange Blossom/Airport Road intersection improvements? Response: Yes. PUDZ- PL20110001519: Naples View RPUD Page 17 of 20 May 3, 2012 CCPC Revised 4/12/12 Question 8: Where will the transit shelter be located? Please explain the bonus density request. Response: The Applicant is proposing to upgrade the existing bus stop just north of the Property to a transit shelter. There are provisions in the Growth Management Plan to allow for bonus density where efforts are made to reduce the project's trip generation and encourage alternative forms of transportation. Question /Comment 9: You may want to have a meeting with just the Walden Oaks community to address issues regarding the proposed multi - family uses and the traffic concerns. Response: Applicant noted that the flexibility in the PUD document is the key source of concern and that the Applicant can meet again with the residents to re -visit the issues. Question /Comment 10: Will the lake be protected? There are birds that use the lake. Response: The existing lake is shown on the PUD master plan to be preserved as an amenity. Passarella and Associated conducted a protect species survey to address any on -site wildlife. Question/Comment 11: Will affordable housing be provided? Response: No. Question /Comment 12: The property is in a state of disrepair since Tree Wizard left. The proposal for single family units will be a benefit to Walden Oaks. Noting that the multi - family product can be up to 3 stories tall/45 feet in height. I do not believe the project can be supported if the request for 3- story multi- family uses is not removed from the PUD. Response: So noted. We will revisit the proposal and come back for second meeting. [Note from staff. additional meetings were held with various neighbors.] Question /Comment 13: Does the Applicant intend to change the current traffic flow along Airport and prevent U -turns where currently permitted? Response: No. Question /Comment 14: Will the community be gated/walled? Response: The PUD master plan shows a 6' -8' tall wall around the Property perimeter. Question /Comment 15: There are birds that nest in the trees. Response: The existing vegetation will be utilized to create the required buffers to the extent possible. Question /Comment 16: Will the existing right turn lane into the Naples View property be extended per this request? Response: No. There is no intent to extend the turn lane north to landscape nursery to the north. The meeting concluded with further discussion on the multi - family product type. Following this question and answer period, the Agent and Applicant indicated they would take the comments and consider revisions to the rezoning request. The Agent stated they would coordinate updates with the community through the specified community leaders. PUDZ- PL20110001519: Naples View RPUD Page 18 of 20 May 3, 2012 CCPC Revised 4/12/12 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on April 12, 2012. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ- PL20110001519 to the BCC with a recommendation of approval subject to staff's recommended action on the deviations as shown below: Approval of Deviations 1, 3, 4, and 5; and Approval of Deviation 2 with the stipulation that the temporary banner sign be approved for a maximum of 28 days per calendar year. PUDZ- PL20110001519: Naples View RPUD Page 19 of 20 May 3, 2012 CCPC Revised 4/12/12 PREPARED BY: KAYPESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES 5 /�Z. DATE RATE LIAM D. LORE , JR- , DIRECTOR o4- i l _ 2-o, � DEPARTMENT OF LAND DEVELOPMENT SERVICES DATE APPROVED BY: DIVISION Y-6-/Z- DATE Tentatively scheduled for the July 24, 2012 Board of County Commissioners Meeting PUDZ- PL20110001519: Naples View RPUD Page 20 of 20 May 3, 2012 CCPC Revised 4/5/12 ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT 6900 AIRPORT ROAD NORTH IN SECTION 01, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alexis Crespo, AICP of Waldrop Engineering, P.A., representing Naples View LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 01, Township 49 South, Range 25 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Naples View RPUD, to allow construction of a maximum of 66 residential dwelling units in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Naples View RPUD \ PUDZ- PL2011 -1519 Rev. 4105112 1 of 2 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA .0 , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Section Chief, Land Use /Transportation C FRED W. COYLE, Chairman Attachments: Exhibit A — List of Permitted Uses Exhibit B — Development Standards Exhibit C - Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — Development Commitments CP \11- CPS - 01121 \41 Naples View RPUD \ PUDZ- PL2011 -1519 Rev. 4/05/12 2 of 2 EXHIBIT A LIST OF PERMITTED USES NAPLES VIEW RPUD PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses and Structures: "RI" Residential Tracts 1. Single- family detached dwelling units 2. Zero lot line units 3. Two - family, duplex dwelling units "112" Residential Tracts 1. Single family detached dwelling units 4. Zero lot line units 5. Two - family, duplex dwelling units 6. Townhouse dwelling units Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses customarily associated with Permitted Principle Uses including but not limited to: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Temporary sales trailers and model units. 4. Entry Gates & Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). C. Development Density A maximum of 66 dwelling units shall be constructed within the RPUD per the Transportation Concurrency Management Area (TCMA) bonus density provisions set forth in Exhibit F, Section 5. The gross project area is 11.3 ± acres and the residential density maximum shall be 5.84 units per acre. Naples View RPUD — PUDZ- PL2011 -1519 Page 1 of 7 Last Revised: April 5, 2012 (2) EXHIBIT B DEVELOPMENT STANDARDS NAPLES VIEW RPUD Development of the Naples View RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Naples View RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS(') PERMITTED USES AND Single Family Zero Lot Two Townhome Recreation STANDARDS Detached Line Family, Duplex Min. Lot Area 5,000 SF 4,000 SF 3,500 SF 1,400 SF N/A Min. Lot Width Z 50' 40' 35' 16' N/A SETBACKS Front (3 )(4) 15' 15' 15' 15' 20' Side 5' 5' /0' 5'/0' 5'/0' 20' Rear (Principal) 15' 10' 10' 10' 10' Rear (Accessory) 0' 0' 0' 0' 0' Water body 20' 20' 20' 20 20' Airport Pulling Rd. 25' 25' 25' 25' 25' Min. Distance Between 10' 10' /0'isi 10' /0'i5i 10' /01i5i Sum of Y= BH Principal Structures Max. Building Height Zoned 35' 35' 35' 35' 35' Actual 40' 40' 40' 40' 40' No. of Stories 2 2 2 2 2 (1) Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of i,uuu 5F. (2) Minimum lot width may be reduced by 25% for cul -de -sac lots provided the minimum lot area requirement is maintained. (3) The minimum 15' front yard setback may be reduced to 10' where the residence has a recessed, side entry, or rear entry garage. In no case shall there be less than a clear area of 23 feet between the back of the sidewalk and the face of the garage door for front entry garages. (4) For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway /vehicular access to the residence shall provide 10' setback. (5) Distance between buildings may be reduced at garages to a minimum of 0' where attached garages are provided, and a 10' minimum, if detached. Naples View RPUD — PUDZ- PL2011 -1519 Page 2 of 7 Last Revised: April 5, 2012 (2) FLU: ORANGE BLOSSOM MIXED USE SUBDISTRICT ZONING: PUD EXISTING LAND USE: RETAIL PLANT NURSERY VEHICULAR / BICYCLE / PEDESTRIAN UNKIAGE TO FUTURE PUD X10' TYPE "B "BUFFER 0 CI I ZI 3i J o D� ao O ¢I 20';TYPE "D'I BUFFER OPTIONAL- 6' 6 - 8 FE CE/ WAS L I� OPTIONAL RECREATION IFACILITY PTIONA GATE -- OPTIONAL 6'- 8'-j 15' TYPE "B" BU FENCE /WALL CATEGORY ACREAGE PERCENTAGE OF TOTALACREAGE IMPERVIOUS 4.5t 40% BUILDING 3.3± 29% TYPE "A" BUFFER FOR ui RESIDENTIALT�RAC/ T Z 6.8 f SINGLE FAMILY UNITS OPEN SPACE (R2) 3 41% FLU: URBAN RESIDENTIAL SUBDISTRICT OR AS ALLOWED BY LDC Z O W ZONING: PUD TYPE "B" BUFFER FOR W DENSITY MAX. 66 UNITS /11.30 AC = 5.84 DU /AC Z s EXISTING LAND USE: SINGLE FAMILY RESIDENTIAL (WALDEN OAKS) MULTI - FAMILY TS OR UNITS J R.O.W. AS ALLOWED BY LDC, OPTIONAL R.O.W. LINE RECREATION (TYP.) F- II FACILITY N� p; RESIDENTIAL TRACT EL' ,al RESIDENTIAL (R2) TRACT LINE OPTIONAL 6'- 8' OPTIONAL RECREATION 1 (TYP.) FENCE /WALL— 10' - BUFFER FACILITY OPTIONAL 6'- 8'-j 15' TYPE "B" BU FENCE /WALL R.O.W. LINE) ` RESIDENTIAL TRACT (TYP.) \- (R1) 20'L .M.E. RESIDENTIAL ---------- ---- ----- - - - - -- - ---------- - - ----- TRACT LINE (TYP.) LAKE FLU: URBAN RESIDENTIAL SUBDISTRICT ZONING: PUD EXISTING LAND USE: R.O.W. AND PRIVATE AMENITY FACILITY (WALDEN OAKS) LAND USE SUMMARY CATEGORY ACREAGE PERCENTAGE OF TOTALACREAGE IMPERVIOUS 4.5t 40% BUILDING 3.3± 29% TYPE "A" BUFFER FOR ui 11% Z 6.8 f SINGLE FAMILY UNITS OPEN SPACE 4.6 t 41% FLU: URBAN RESIDENTIAL SUBDISTRICT OR AS ALLOWED BY LDC Z TOTAL AREA W ZONING: PUD TYPE "B" BUFFER FOR W DENSITY MAX. 66 UNITS /11.30 AC = 5.84 DU /AC Z s EXISTING LAND USE: SINGLE FAMILY RESIDENTIAL (WALDEN OAKS) MULTI - FAMILY TS OR UNITS J AS ALLOWED BY LDC, N� W N OPTIONAL 6'- 8' 1 FENCE /WALL— 10' - BUFFER — — 1 - -- R.O.W. \\ R.O.W. LINE) ` RESIDENTIAL TRACT (TYP.) \- (R1) 20'L .M.E. RESIDENTIAL ---------- ---- ----- - - - - -- - ---------- - - ----- TRACT LINE (TYP.) LAKE FLU: URBAN RESIDENTIAL SUBDISTRICT ZONING: PUD EXISTING LAND USE: R.O.W. AND PRIVATE AMENITY FACILITY (WALDEN OAKS) LAND USE SUMMARY CATEGORY ACREAGE PERCENTAGE OF TOTALACREAGE IMPERVIOUS 4.5t 40% BUILDING 3.3± 29% PAVEMENT/ SIDEWALK 1.2 t 11% PERVIOUS (OPEN SPACE) 6.8 f 60% OPEN SPACE 4.6 t 41% LAKE 2.2± 19% TOTAL AREA 11.3 t 100% CURRENT ZONING RURAL AGRICULTURAL PROPOSED ZONING RESIDENTIAL PUD DENSITY MAX. 66 UNITS /11.30 AC = 5.84 DU /AC I GENERAL NOTES 1 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATIONS AT TIME OF AGENCY PERMITTING. 2. ALL ACREAGE IS APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF PPL OR SDP APPROVAL. 3. L.M.E. = LAKE MAINTENANCE EASEMENT 4. NO PRESERVATION IS REQUIRED AS ALL ON -SITE VEGETATION IS EXOTIC. 5. THE LOCATIONS FOR RECREATIONAL FACILITIES ARE APPROXIMATE IN NATURE. RECREATIONAL FACILITIES ARE NOT REQUIRED. 10' -15' BUFFER FLU: URBAN RESIDENTIAL SUBDISTRICT ZONING: PUD EXISTING LAND USE: MULTI - FAMILY RESIDENTIAL (WALDEN OAKS) OPTIONAL 6'- 8' FENCE / WALL U a a J av rA W H FW-i ti w ;5,x Z2 H a. a U co z z z w w w 000 U U U of of w w w w a a a 0 0 0 w w w m S9 V) w w N N O O aoo PROJECT LOCATION MAP 7T EXHIBIT D LEGAL DESCRIPTION NAPLES VIEW RPUD NORTH %: OF THE NORTH %z OF THE SOUTHWEST % OF THE SOUTHWEST Y. OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE WEST 100 FEET THEREOF FOR STATE RIGHT -OF -WAY. Naples View RPUD — PUDZ- PL2011 -1519 Page 4 of 7 Last Revised: April 5, 2012 (2) EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC NAPLES VIEW RPUD Deviation 1: Deviation from LDC Section 4.06.02.0 which requires a 15 -foot wide Type "B" buffer where proposed residential uses abut existing commercial uses, to allow for a 10 -foot wide Type "B" buffer where the property abuts the commercial use to the north. Deviation No. 2: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. Deviation No. 3: Deviation from LDC Section 6.06.01, which requires a minimum width of 60 feet for cul -de -sac and local street rights -of -way, to allow for a minimum 45 -foot right -of -way internal to the proposed development. Deviation 4: Deviation from LDC Section 6.06.01.1 which prohibits dead -end streets, to allow the dead end street shown on the RPUD Master Plan. Deviation 5: Deviation from LDC Section 5.03.02.C.2, which permits a maximum wall height of six (6) feet in residential zoning districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along the property lines. Naples View RPUD — PUDZ- PL2011 -1519 Page 5 of 7 Last Revised: April 5, 2012 (2) EXHIBIT F DEVELOPMENT COMMITMENTS NAPLES VIEW RPUD 1. PURPOSE The purpose of this Section is to set forth the general development commitments for the project. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Naples View, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. UTILITIES 2.1 The project shall connect to the Collier County Water Sewer District (CCWSD) potable water system at a location determined by CCWSD when capacity is available. 2.2 The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 2.3 The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD when capacity is available. 2.4 Should the Collier County Water Sewer District determine that it does not have sufficient capacity to serve the project; the Developer shall either construct interim potable water, wastewater treatment and /or non - potable water facilities, or shall postpone development until such time as the Collier County Water- Sewer District service capacity is available to service the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Water -Sewer District facilities. Whether potable water, wastewater treatment and /or non - potable water facilities are provided on -site or off -site, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. 2.5 All utility facilities shall be designed and constructed in accordance with Ordinance 2004 -31, and any amendments or successors thereto. Prior to commencement of construction all design and construction documents pertaining to utility facilities shall be reviewed and approved by the CCWSD. Naples View RPUD — PUDZ- PL2011 -1519 Page 6 of 7 Last Revised: April 5, 2012 (2) 2.6 The utility facility shall include but not be limited to: all construction plans, technical specifications and proposed plats, as applicable, for the proposed water distribution systems, wastewater collection and conveyance systems, irrigation quality distribution systems and any possible onsite treatment facilities. 2.7 All potable water infrastructures shall be conveyed to the CCWSD. 2.8 All wastewater collection and conveyance infrastructure shall be conveyed to the CCWSD 2.9 All customers shall be customers of the CCWSD. 3. TRANSPORTATION A. The project shall maintain a minimum of 100' throat distance between the Airport Pulling right -of -way and the face of the entrance gates. B. The developer shall pay a proportionate fair share for improvements to the Orange Blossom Drive and Airport Pulling Road intersection. The proportionate fair share of the project's impacts to the intersection shall be determined at the time of construction plan approval based upon the project's trips as percentage of capacity improvements for the turning /through movements utilized by this site. Payment shall be made to Collier County within 90 days of the County's request. 4. ENVIRONMENTAL No preservation area is required as all existing, on -site vegetation is exotic. S. PLANNING The RPUD shall be developed with up to 66 units per Transportation Concurrency Management Area (TCMA) bonus density, as defined in Policy 6.3 of the Future Land Use Element of the Growth Management Plan. The developer shall provide the two (2) Transportation Demand Management (TDM) criteria as follows: 1. Provide vehicular access to the future mixed use subdistrict to the north as shown on the PUD Master Plan, in the form of a non - exclusive access easement to the adjacent property owner /developer to the north, conveyed prior to issuance of the first building permit. 2. Provide pedestrian and bicycle facilities within the project and a bicycle /pedestrian interconnection to the future mixed use subdistrict to the north shown on the PUD Master Plan. Naples View RPUD — PUDZ- PL2011 -1519 Page 7 of 7 Last Revised: April 5, 2012 (2) 18A ))Friday, April 13, 2012 D NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commission- ers meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: PUDZ- PL20110001519: Naples View RPUD -- An Ordi- nance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zon- ing district for the project to be known as the Naples View RPUD to allow construction of a maximum of sixty -six residential dwelling units on property located at 6900 Air- port Road North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11 +/- acres; and by providing an effective date. Coordinator: Kay Deselem, AICP, Principal Planner ARHER UrvE VANDERBILT BEACH RD. NLLAS VIN(DRI)D5 y,rvEYARDS F. DRI) .sag AE_ uCHESTER —DEN uN T­ B5 TAlES RwEq 4ti SWARE � H tt UKESR tq IERI(s) (DRI) i SuuuERxwD , SIWARE GE RtS�lfl �C IS'I ' (E D E c.R.B%) AD 11_ »d ; 1 I'I II I`I'I / 1 All interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman Aori113. No 240188509 2012 DeselemKay From: MJ30 @aol.com Sent: Wednesday, April 18, 2012 12:08 PM To: DeselemKay; alexisc @waldropengineering.com Subject: recommendation letter for Naples View petition Attachments: Naples View Letter.doc Hello Kay, Attached is a letter of recommendation for the 'Naples View' rezone petition. Could you please forward to the Planning Commission for the upcoming May 3rd meeting. Thank you much. Respectfully, Michael Johnathan Design Drafting of Naples Inc. Walden Oaks resident 4 -18 -12 Dear Collier County Planning Commission, This letter is in reference to the rezoning petition for the Naples View Project on Airport Rd. My name is Michael Johnathan. I have been a resident of Walden Oaks since 1996, a residential subdivision bordering the proposed Naples View project. I am also the owner of Design Drafting of Naples Inc. I have been in the business of designing residential and commercial projects in Collier, and surrounding counties since 2000. In Walden Oaks, there are 5 home owners associations. I have been ask to speak on behalf of the 'Lexington at Lone Oak' homeowners association. Lexington at Lone Oak borders the proposed Naples View' project on the north side. My residence back yard directly borders 324' of the proposed rezone. One of the main reasons, I and other residents of Walden Oaks purchased homes in our community, is because of the feel of the neighborhood. In my case specifically, was because of the botanicals and trees, and lack of tall structures on the adjacent property in my backyard. So you can imagine my concern and that of many in the neighborhood when we heard of the proposed project. The rezone petition property that was formerly Wizzard Lake Nursery has been closed for a while, and the property has fallen into disrepair. The neighbors that directly border this property know that this can mean a number of undesirable elements. To name a few, overgrowth of undesirable plant and animal life, criminal mischief, structural disrepair and falling property values. Having that situation right in one's backyard can diminish the quality of life, not to mention, the property valuation. Initially, we had many concerns over the proposed Naples View' community, not the least of which was a preliminary petition that potentially allowed for multifamily, multistory structures that would look down onto our privacy, and change the feel of the neighborhood. In the initial meetings with the developer, Mr. Steve Hagenbuckle, and Waldrop Engineering, the firm to file the rezone petition, the Walden Oaks neighborhood voiced our concerns. Much to our surprise and satisfaction, the developer and Waldrop Engineering were very courteous and professional. They listened to all of our concerns, and revised the petition to address the items that they had the ability too. Foremost of these was changing the schedule of structures to reflect only single family residences, and in the rear residential tract that directly affects Walden Oaks, only proposing single family homes. The price point of these homes should be beneficial to our neighborhood. They have been completely courteous and professional with their time and cooperation to address all of our concerns. They continue to go above and beyond working with the neighborhood and listening to our input on the wall design separating the two neighborhoods and also suggestions on the plantings in the landscape buffer to add color and beauty to our neighborhoods. It is indeed refreshing when both parties can work together for the aesthetic benefit of all. There are some residents that are concerned over increased traffic issues. One complicating factor is the number of vehicles that don't obey the `no U turn' sign at the turning lane that directs traffic flow into Walden Oaks. This prohibited moving violation comes close to causing accidents daily. One cause of the problem is that the existing `no U turn' sign is too far back from the turn, and also not enough traffic enforcement. Perhaps the commission can ask the traffic division to look into this. The homeowners association 'Lexington at Lone Oak' and myself would like to recommend that the revised petition for the proposed project'Naples View' be voted on in the affirmative and ap ssed to the benefit of the community and Naples, Florida. Thank you for your consideration. Respectfully, Michael Johnathan 'Lexington at Lone Oak' in Walden Oaks V a n A 3 V r- m m v In O z m D 00 r m r- m 4 In -I 2 m a Z 2 m W a O 3 'v H O 2 M Z C W v M m 00 a m Z M Z M m a I. O M m W 3 N Z C M 0 m C n 3 m Z z v m O v m O 2 n 0 =0 a: > arm OcV) C �Tn 000 m 10 Nm m z0 3 MDR C)H° M "z Z �Dz =moo 2 w o° m L o j r) ~w m z. Ln DD 3 m M. Mmm ;z-< °r) 0 moo =zD rn,z O C rn D i N ° 0 Ci o Z "' �3z En m ° D ° o z -I o ° 0 V M O °rn 0 3m> zoo ' � r °O OW ou c v) z� c� c� rt 0 a cai m rn M 0 N Ta z G7 C�3 a rn � I-m m i AC, n m �c 'a r� N co _ ni -a n E 0 1 s 0 10 a c� r.. m m H Z n m u U2 m CL a) H / lV 3 Teresa L. Polaski From: Sent: To: Cc: Subject: Attachments: VA- PL2011 -1576 5/3/12 Jaffe Variance Patricia L. Morgan A' "D ��r7 Tuesday, April 03, 2012 11:37 AM Minutes and Records Teresa L. Polaski FW: Advertising Request for Jaffe Variance a�affe Boat Dock Extension Hearing Notice to NDN for CCPC 4 -2 -12. ocx Here is the combined ad ....................... From: SawyerMichael Imai Ito: MichaelSawyer(cOcolIiergov.net] Sent: Tuesday, April 03, 2012 11:35 AM To: Rodriguez, Wanda; Gundlach, Nancy Cc: Lorenz, William; Bellows, Ray; MorganTrish; Ann P. Jennejohn; Neet, Virginia; Kendall, Marcia Subject: RE: Advertising Request for Jaffe Variance and Jaffe Boat Dock Extension Please see the attached revised /combined Hearing Notice to Newspaper along with a Map to be processed for the upcoming May 2 CCPC hearing. This revision combines both the Jaffe Variance Petition VA- PL20110001576 and Jaffe Boat Dock Extension BDE- PL20110001573 into the same (single) notice. Please let us know of any questions. Thanks, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 From: GundlachNancy Sent: Tuesday, April 03, 2012 10:32 AM To: SawyerMichael Cc: RodriguezWanda Subject: FW: Advertising Request for Jaffe Variance Hi Mike, Attached is my advertising. Feel free to add the BDE Title to it. Sincerely, Nancy 1 Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 From: GundlachNancy Sent: Monday, April 02, 2012 3:14 PM To: 'min utesandrecords @collierclerk.com' Cc: LorenzWilliam; BellowsRay; Trish L. Morgan; 'Ann P. Jennejohn'; RodriguezWanda; NeetVirginia; KendallMarcia; SawyerMichael Subject: Advertising Request for Jaffe Variance Good morning, Attached please find a Hearing Notice to Newspaper along with a Map to be processed for the upcoming May 3 CCPC hearing. Thank you. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @collierRov.net Linder s- odda Lan:, e -mail, addresses are p€ biic; records. it you do not urant your e-mail address released in response to a public, records regi,est, do rx,t serld eiectrton.K: an ail to this entity. instead, contact this office by telephone er in wi ifinc. 2 April 2, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, April 13, 2012, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner and Michael Sawyer, Project Manager in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: VA- PL2011 -1576, Jaffe Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL2011 -1576, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on property located at 10091 Gulf Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] And BDE- PL20110001573: Jaffe Boat Dock Extension- A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL2011 -1573 for a 19 foot boat dock extension over the maximum 20 foot limit provided in Section 5.03.06 of the Collier County Land Development Code to allow for a 39 foot boat dock facility in an RSF -3 zone on property hereinafter described in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, May 3, 2012, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman VANDERRILT 21 20 cowEn TRACT 21 22 HEALM 1HE CDLLIEn CFNIER a»cs NORTH- PLAZA 21 1RAp�T Z2 S NAPLE3-IMMOKALEE ROAD ST' =MIST COK]ITRT G A RQ CATnIC CHDROH SQUARE PROJECT 2s DMLY HENS LOCATION a 28 -� 27 PARK 3� - PELCAN V B T E TA S (DRI) V 4y PA.— A AKE w y PAM O� 32 '/ANDERSILT REACH R 34 K 33 W PINE BAT N (DPo) Acct. #068779 April 3, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, Florida 34110 Re: VA- PL2011 -1576, Jaffe Variance and BDE- PL2011 -1573, Jaffe Boat Dock Extension (Display Ad w /MAP) Dear Legals: Please advertise the above referenced notice with MAP on Friday, April 13, 2012 and kindly send the Affidavit of Publication, in Duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500131207 April 3, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday. April 13, 2012, and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite #401, Naples, FL 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commissioners meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL., to consider: VA- PL2011 -1576, Jaffe Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL2011 -1576, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on property located at 10091 Gulf Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] And BDE- PL20110001573: Jaffe Boat Dock Extension - A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL2011 -1573 for a 19 foot boat dock extension over the maximum 20 foot limit provided in Section 5.03.06 of the Collier County Land Development Code to allow for a 39 foot boat dock facility in an RSF -3 zone on property hereinafter described in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, May 3, 2012, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman \rn $rn § do !` 2 ,§ § q, a! }, \! \\ / \ (`� T > � ` ,A ., Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: VA- PL2011 -1576 and BDE- PL2011 -1573 (Display Ad) Attachments: VA- PL2011 -1576 (CCPC).doc; VA- PL2011 -1576 - BDE (CCPC).doc; VP- PL2011 -1576 (CCPC).pdf Lega Is, Please advertise the attached Display Ad w /Map on Friday, April 13, 2012. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa. Polaski@collierclerk.com Teresa L. Polaski From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, April 05, 2012 11:43 AM To: Teresa L. Polaski Subject: 240188510 Attachments: NDN240188510[1].PDF Please provide approval ASAP for publication. The total ad cost is $912. Thank You, Naples News Legals PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commission- ers meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL., to consider: VA- PL2011 -1576, Jaffe Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Pe- tition Number VA- PL2011 -1576, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on prop- erty located at 10091 Gulf Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] And BDE- PL20110001573: Jaffe Boat Dock Extension - A Reso- lution of the Collier County Planning Commission relating to Petition Number BDE- PL2011 -1573 for a 19 foot boat dock extension over the maximum 20 foot limit provided in Sec- tion 5.03.06 of the Collier County Land Development Code to allow for a 39 foot boat dock facility in an RSF -3 zone on property hereinafter described in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] �i PROJECT LOCATION All interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, May 3, 2012, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a perma- nent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Col- lier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No 240188510 A— m Teresa L. Polaski From: GundlachNancy < NancyGundlach @colliergov.net> Sent: Thursday, April 05, 2012 12:06 PM To: Teresa L. Polaski Subject: RE: 240188510 Hi Teresa, The ad looks good. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @colliergov.net From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Sent: Thursday, April 05, 2012 11:44 AM To: GundlachNancy; RodriguezWanda Subject: FW: 240188510 Please review and get back to me today, Thanks From: Green, Amy [mailto:AGreen @Naplesnews.com] Sent: Thursday, April 05, 2012 11:43 AM To: Teresa L. Polaski Subject: 240188510 Please provide approval ASAP for publication. The total ad cost is $912. Thank You, Naples News Legals Please visit us on the web at www.collierclerk.com 1 Teresa L. Polaski From: RodriguezWanda <Wanda Rod riguez @colIiergov.net> Sent: Thursday, April 05, 2012 1:01 PM To: Teresa L. Polaski Cc: Gundlach, Nancy; Sawyer, Michael Subject: RE: 240188510 The combined ad for Jaffe Variance & boat dock extension looks fine. 1,Vxne -fa Rodriguez, _7lC11 4ti,mnced Certified Pm- a6!gt7,( yhone: (239) 2;2 -8. 00 fax: (239) 252 -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.coml Sent: Thursday, April 05, 2012 11:44 AM To: GundlachNancy; RodriguezWanda Subject: FW: 240188510 Please review and get back to me today, Thanks From: Green, Amy [mailto:AGreen @Naplesnews.coml Sent: Thursday, April 05, 2012 11:43 AM To: Teresa L. Polaski Subject: 240188510 Please provide approval ASAP for publication. The total ad cost is $912. Thank You, Naples News Legals Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskC@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Barbara Boyer, who on oath says that she serves as the Sales Coordinator of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on April 13th, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for public tion in the said newspaper. xy ( Signature of affiant) Sworn to and subscribed before me This 17th day of April, 2012 0 h 1,,-4n 1 �� " b, (Signatul-b of notary public)' sir+ CRYSTAL G. JONES My (Mk%S" # DD 881614 EXPIRES: June 27, 2013 P „ty BwW&d 7hru Notary PUl* U1KWfW iters PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commission- ers meeting room,' Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL., to consider: VA- PL2011 -1576, Jaffe Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Pe- tition Number VA- PL2011 -1576, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on prop- erty located at 10091 Gulf Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] And BDE- PL20110001573: Jaffe Boat Dock Extension - A Reso- lution of the Collier County Planning Commission relating to Petition Number BDE- PL2011 -1573 for a 19 foot boat dock extension over the maximum 20 foot limit provided in Sec- tion 5.03.06 of the Collier County Land Development Code to allow for a 39 foot boat dock facility in an RSF -3 zone on property hereinafter described in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] PROJECT @ " J LOCATION �€ " _q IA- c ' g 33 All interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, May 3, 2012, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a perma- nent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Col - lier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No. 240188510 April 13, 2012 AGENDA ITEM 9 -13 Co i`er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: MAY 3, 2012 SUBJECT: BDE- PL20110001573, JAFFE BOAT DOCK EXTENSION (COMPANION ITEM: VA- PL20110001576) PROPERTY OWNER/AGENT: Owner: Andrew Jaffe, 10091 Gulfshore Drive Naples, F134108 REQUESTED ACTION: Agent: Jeff Rogers, Turrell, Hall and Associates 3584 Exchange Avenue Naples, Fl 34104 The petitioner is requesting a 19 -foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which will allow construction of a boat docking facility at the end of a man -made canal protruding a total of 39 feet into a waterway that is 1,420 feet long. GEOGRAPHIC LOCATION: The subject site is located at 10090 Gulfshore Drive and is further described as the North 50 feet of Lot 14, Conners Vanderbilt Beach Estates Subdivision, Unit 1; Section 29, Township 48 South, Range 25 East, Collier County, Florida, Folio number 27530880003. (see location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is to remove an existing dock and to construct a 4 foot wide finger dock that will service 2 boat lifts and vessels. The proposed dock facility is located on a small boat dock lot that has 50 -feet of shoreline that was deeded to the residence located across the street at 10091 Gulfshore Drive in 1955 (see Attachment C Warranty Deeds submitted by applicant). The total proposed overwater structure is approximately 116 square feet with a total protrusion of 39 -feet from the Mean High Water Line (MHWL). The proposed dock requires a 19 foot boat dock extension and a companion variance petition VA- PL20110001576 due to the proposed intrusion into required riparian line setbacks. There is no dredging proposed for this project. BD- PL2011 -1573, Page 1 of 8 Jaffe Boat Dock Extension. 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I..L Q V Z Z O N Z O 1 U O M ti r O N J a CO SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single Family Residence, with a zoning designation of RSF -3 Note that a new residence is currently being proposed at 10091 Gulfshore Drive consistent with Building Permit PRBD20120304314 currently under review. SURROUNDING: North: Single Family Residence, with a zoning designation of RSF -3 East: Canal, and Single Family Residence, with a zoning designation of RSF -3 South: Undeveloped lot with a zoning designation of RSF -3 West: Gulfshore Drive ROW, then Single Family Residence, with a zoning designation of RSF -3 Aerial photo taken from Collier County Property Appraiser website. ENVIRONMENTAL EVALUATION: il' 4 Environmental Services Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11) (Manatee Protection) of the Collier County Land Development Code (LDC) is applicable to all multi -slip docking facilities with ten (10) or more slips. The proposed facility consists of two boat slips and is therefore not subject to the provisions of this section. BD- PL2011 -1573, Page 3 of 8 Jaffe Boat Dock Extension. April 6, 2012 (revised April 11, 2012 and April 13, 2012) fi y',ar STAFF COMMENTS: The Collier County Planning Commission (CCPC) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria. In order for the CCPC to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and finds the following: 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 proposed dock facility consists of the removal of an existing dock and the construction of a finger dock servicing two boat slips, which is consistent with the allowable 2 -slip provisions. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion not met. According to the petitioner's application the water depth for the dock facility are adequate, therefore this criterion is not met. 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. According to the information submitted by the petitioner, the proposed facility will not adversely impact navigation within the man-made canal because the proposed facility is located at the western most end of the canal that prevents through boat traffic. Additionally the applicant indicates that there is limited boat traffic within this area of the canal and that the proposed dock is contained within the riparian lines however it does require the companion variance noted above due to riparian line encroachments. BD- PL2011 -1573, Page 4 of 8 Jaffe Boat Dock Extension. April 6, 2012 (revised April 11, 2012 and April 13, 2012) 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. As noted in the project purpose /description above this dock facility is located on a small lot that has 50 -feet of shoreline that was deeded to the residence at 10091 Gulfshore Drive in 1955. The open waterway in front of the proposed dock is approximately 1,420 feet and this dock facility meets the literal application of this criteria by being less than 25 percent of that distance. The applicability of this criteria however is challenging as the proposed dock facility is located at the end of the man-made canal. However, this location insures that no water vessel traffic will occur westward of this location. The proposed dock configuration is within the riparian lines and the adjacent property owners have provided letters of no objection to this proposed dock facility. For these reasons staff's opinion is that the proposed dock facility meets the intent of this criterion as navigability will be maintained. 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. According to the drawings submitted and noted by the petitioner, the proposed facility has been designed so that it does not interfere with adjacent neighboring docks or access. Further the applicant has included letters of no objection from both adjacent neighbors as part of the application (see attachment B Application). 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. As noted above the proposed dock facility is located at the western most end of the man-made canal and has a total shoreline of 50 linear feet. Additionally the converging riparian lines associated with this parcel reduce the configuration and design options of this dock facility. Therefore the limited shoreline and associated riparian lines are the special conditions related to this request. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of BD- PL2011 -1573, Page 5 of 8 Jaffe Boat Dock Extension. April 6, 2012 (revised April 11, 2012 and April 13, 2012) excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The proposed dock facility includes a 4 -foot wide finger pier allowing access and service to the two proposed vessels. This configuration minimizes the decking area. 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 not met. The subject property contains a linear waterfront that is 50 feet in length according to the application. The total length of the proposed vessels is 58 feet which is more than 50 percent of the waterfront footage. 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 information provided indicates that the proposed facility will not directly change the views of adjacent parcels as the proposed dock facility is within the riparian lines of the subject site. Further the application includes letters of no objection from the adjacent neighbors. 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. According to the information submitted by the petitioner, no seagrass beds are known to be located within 200 feet of the proposed dock facility or within this portion of the waterway. Therefore, there will be no impact to seagrass beds. 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 not applicable. The proposed facility consists of two boat slips and is therefore not subject to the provisions of this section. Staff analysis indicates that the request meets four of the five primary criteria. With regard to the six secondary criteria one of the criteria is found to be not applicable, the request meets four of the remaining five secondary criteria. BD- PL2011 -1573, Page 6 of 8 Jaffe Boat Dock Extension. April 6, 2012 (revised April 11, 2012 and April 13, 2012) APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the CCPC takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of Zoning Appeals. Such appeal shall be filed with the Growth Management Division Administrator within 30 days of the action by the CCPC. In the event that the petition has been approved by the CCPC, the applicant shall be advised that he /she proceeds with construction at his/her own risk during this 30 -day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for BD- PL20110001409, dated April 6, 2012. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the CCPC approve Petition BD- PL20110001573 subject to the following stipulation: 1. Subject to the Collier County Board of Zoning Appeals (BZA) approving companion petition VA- PL20110001576. Attachments: A. Resolution B. Application C. Warranty Deeds provided by applicant BD- PL2011 -1573, Page 7 of 8 Jaffe Boat Dock Extension. April 6, 2012 (revised April 11, 2012 and April 13, 2012) PREPARED BY: W 101 MANAGER OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMORD V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES r I LIAM D. LO Z JR., E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASA G DA, A TOR GROWTH MANAGEMENT DIVISION BD- PL2011 -1573, Page 8 of 8 Jaffe Boat Dock Extension. April 6, 2012 i DATE 4.1o•1z DATE o ,a_` oiz DATE DATE Attachment A Resolution (draft) CCPC RESOLUTION NO. 12- A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BDE - PL2011 -1573 FOR A 19 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT PROVIDED IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO ALLOW FOR A 39 FOOT BOAT DOCK FACILITY IN AN RSF -3 ZONE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 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 of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks; and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has held a properly noticed public hearing and has considered the advisability of a 19 foot extension over the maximum 20 foot limit provided in LDC Section 5.03.06 to allow for a 39 foot boat dock facility in an RSF -3 zone for the property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 5.03.06; and WHEREAS, all interested parties have been given the opportunity to be heard by this Commission in public meeting assembled, and the Commission having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: Petition Number BDE- PL2011 -1573, filed on behalf of Andrew Jaffe by Jeff Rogers of Turrell, Hall and Associates, Inc., with respect to the property hereinafter described as: Lot 34, Block A, and the North 50 feet of Lot 14, Block C, Re- subdivision of part of Unit No. 1, CONNER'S VANDERBILT BEACH ESTATES, according to the plat thereof as recorded in Plat Book No. 3, Page 18, of the Public Records of Collier County, Florida (Folio No. 27530160008) be and the same is hereby approved for a 19 foot extension of a boat dock over the maximum 20 foot limit to allow for a 39 foot boat dock facility in the RSF -3 zoning district wherein said property is located, subject to the following conditions: Jaffe Boat Dock Ext \ BDE- PL2011 -1573 11/22/11 1 of 2 I . All docks, or mooring pilings, whichever protrude the greater into the water, regardless of length shall have reflectors and house numbers four (4) inches minimum size installed at the outermost end on both sides, prior to the issuance of a Certificate of Completion. 2. At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a Certificate of Completion. 3. Permits or letters of exemption from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be presented to Collier County prior to issuance of a building permit. 4. All prohibited exotic species, as such term may now or hereinafter be established in the LDC, must be removed from the subject property prior to the issuance of the required Certificate of Completion and the property must be maintained free from all prohibited exotic species in perpetuity. 5. Subject to the Collier County Board of Zoning Appeals (BZA) approving petition VA- P1,2011 -1576. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this ATTEST: day of , 2012. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA Nick Casalanguida, Deputy Administrator, Mark P. Strain, Chairman Growth Management/Planning & Regulation Division Approved as to form and legal sufficiency: DRAFT Steven T. Williams Assistant County Attorney 11 -CPS- 01127/3 Jaffe Boat Dock Ext \ BDE- PL2011 -1573 11/22/11 2 of 2 AGENDA ITEM 9 -C Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: MAY 3, 2012 SUBJECT: PETITION VA- PL20110001576, JAFFE VARIANCE COMPANION ITEM: BDE- PL20110001573 PROPERTY OWNER/AGENT: Owner: Andrew Jaffe 10091 Gulfshore Drive Naples, F134108 REQUESTED ACTION: Agent: Jeff Rogers Turrell, Hall and Associates 3584 Exchange Avenue Naples, F134104 To have the Collier County Planning Commission (CCPC) consider an application for a proposed variance from the required side yard riparian line setback of 7.5 feet for property with less than 60 feet of water frontage to 0 feet as provided for in Section 5.03.06 E.7 of the Land Development Code (LDC). The requested action (if approved) would allow a dock facility at 0 feet from the riparian line. GEOGRAPHIC LOCATION: The subject boat dock lot is located at 10090 Gulfshore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. The property owner lives directly across the street at 10091 Gulfshore Drive. (See location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is to remove an existing nonconforming dock and to construct a 4 -foot wide finger dock with two proposed boat lifts that will serve two boats. The proposed dock VA- PL20110001576, JAFFE VARIANCE APRIL 16, 2012 Page 1 of 8 3nas m iaa / if mw a3none �y c � � ° I W owa �wnno-iaodarc (Le voI g�v i z to p s�2V co) O s Z RO i z °° J u c & ♦s s $ u. to oC w ° � Um J w I gi n ^ O ° RO O W Z € J and aNOtl 3LL31oopa 31NY Doc ,H i MNYMtaum..o, Z< nt R c> > m � R W p L ll. IS — Fv w° 1 m iv N R r 9 m � F & Q (LO S'a7 1Vti1 IWNWVl TAM(U.S TRAIL 1 g a u> L =ao a w�zo �zd L°f3 s 8R cc yyr "I kY U € 30 � s i � R IOm b� is ej 3Naa L�M3QNWA X s g 's GULF of Maxrco 3nas m iaa / if mw 5� G V Z Z O N 5� L Z O F— Q U O J co r O N J a a a3none �y c � � ° I W owa �wnno-iaodarc (Le voI g�v s�2V q w J I gi Ig € �'° and aNOtl 3LL31oopa 31NY Doc ,H i MNYMtaum..o, °— nt 5 °aim IS — Fv w° 1 I � F & Q (LO S'a7 1Vti1 IWNWVl TAM(U.S TRAIL s 8R € i IOm is 3Naa L�M3QNWA 's GULF of Maxrco UZ O 0Q O O CC O a� 5� G V Z Z O N 5� L Z O F— Q U O J co r O N J a a i s to scalc2: �rr�r i l PROPERTY BOUNDARY t 6 EXISTING SEAWALL t SITE ADDRESS: 10090 GULF SHORE DR NAPLES, FL 34106 i 35' BOAT _ RIPARIAx L1 ?T BOAT 1 1 39' +.31� 1 t WL PROPOSED d 11' LIFT ' PROPOSED WOOD 1Q1 PROPOSED r 10' LIFT r v �2 Q- �QP / NOTE& • THESE DRAMNOSARE FOR PERMITDNG PURPOSE[ ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ALL OATL W SHOVIM HEREON M REFERENCED TO MLW SURVEY COURTESY OF 'Mace Smvnl S MgRm6 LLC - SURVEYDATED 6748nil • u APPLICANT OVMTm SHORELINE (APPX LM: a 0061M OVERVMTER STRUCTURE (APPX S F' 716 MDTH 01 TYATERMLY MHwTO MMM (APP)o Im TOOAL DATUM �» NLW O AVD} 4.71' MHw("Avo). "Ln. •• PROPOSED OVERAA77R STRUCTURE WPX SF): TOMAL OVERM4TER STRUCTURE (AFFX SF)' 116 • TOTAL PROTRUSION FROM M ft. 7f Turrell Hall & Associates Inc. MW*4 J) TTT 7 Madw & Environmental Con ulting J A F F E a C7► G K TTr: RMJSnil 3584 Exchange Afro. Suite B. Naples, FL 34104-3732 PROPOSED DESIGN 8HEE N0. 104 of e7 It IRMJIM-C4-20121 A I REVISED PER COWRY COMAlEN1E FJ)1a17:W*hml4mCk0xDM Phaw: (239) 643-0166 Fax:(239)643-6632 1 SECTION -29 TOWNSHIP -468 RANGE -26E facility is located on a small, legally nonconforming lot that has 50 feet of shoreline that was deeded to the residence at 10091 Gulfshore Drive in 1955. (See Attachment B.) The original residence has been demolished and a building permit (permit number PRBD20120304314) is currently undergoing review. The total proposed overwater structure is approximately 116± square feet with a total protrusion of 39 feet from the Mean High Water Line (MHWL). The proposed dock requires a 19 -foot boat dock extension and a companion boat dock extension application BDE- PL20110001573 has been filed. The proposed boat dock facility protrudes into the required 7.5 -foot riparian line setback. A Variance is sought to allow a boat dock facility at 0 feet from the riparian lines. In addition, there is no dredging proposed for this project. The Conceptual Site Plan entitled "Jaffe Dock - Proposed Design" dated July 15, 2011, and prepared by Turrell, Hall & Associates, Inc. illustrates the location of the proposed boat dock and boat lifts. (See Site Plan on previous page). According to information provided by the applicant, the neighbor to the north of the subject site has an existing, approximately 35 -foot long boat dock. The neighbor to the southeast has no boat dock. Due to the location of the subject property at the end of the canal, the riparian lines form a limited triangular area in which to locate a boat dock facility. A variance is required from these riparian lines. In addition, Staff has received two Letters of Support from adjacent neighbors to the north and south of the subject site. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: A parcel, with a zoning designation of RSF -3 North: Single - family residence, with a zoning designation of RSF -3 East: Canal South: Vacant single - family lot, with a zoning designation of RSF -3 West: Gulfshore Drive right -of -way, and then a Single - family residence, with a zoning designation of RSF -4 VA- PL20110001576, JAFFE VARIANCE APRIL 16, 2012 Page 4 of 8 AERIAL GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single family, multi - family, duplex, mobile home and mixed -use projects. As previously noted, the subject petition seeks a variance for a single family home that is located within a single - family subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. ANALYSIS: Section 9.04.01 of the Land Development Code gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A. through H. (in bold font below), as general guidelines to assist in making their recommendation of approval or denial. Staff has analyzed this petition relative to these provisions and offers the following responses: VA- PL20110001576, JAFFE VARIANCE APRIL 16, 2012 Page 5 of 8 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. According to information provided by the applicant, the subject property is located in at the end of a finger canal. (See Aerial on previous page.) Due to the location of the subject site at the end of the finger canal, the riparian lines form a limited triangular area in which to locate a boat dock facility. 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. According to information provided by the applicant, the subject property was subdivided from the neighboring property in the 1950's and deeded to the property located across the street at 10091 Gulfshore Drive to allow for boat dock access. Because the boat dock lot was created prior to October of 1973, it is considered to be a legally nonconforming lot. The boat dock, Boat Dock Permit number 98020583 received a certificate of occupancy on February 2, 2000. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. If the applicant were to maintain the required riparian set back lines, he could build a dock but not moor two vessels as other typical single family waterfront lot owners. 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? Yes. The proposed dock is reasonable while still allowing for safe access for the vessel to moor within the riparian boundaries. 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. Most other neighboring properties moor two vessels. This property owner is seeking the same. 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, the granting of this Variance will be harmonious with the LDC and there will be no injury to the neighborhood. In addition, two letters of support have been received from the neighbors located immediately to the north and south of the subject site. (See Attachment B.) VA- PL20110001576, JAFFE VARIANCE APRIL 16, 2012 Page 6 of 8 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.? Yes. As previously stated, the subject site is located at the end of a finger canal. Because of this, the applicant is restricted to constructing the boat dock facility within a triangular shaped footprint area. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This Variance petition was not required to go before the EAC for review and approval. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA -PL- 20110001576, revised April 16, 2012. — STW RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition VA- PL- 20110001576, Jaffe Boat Dock Variance to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the approval of the companion boat dock extension petition BD- PL20110001573 and issuance of a Certificate of Occupancy for building permit number PRBD20120304314. VA- PL20110001576, JAFFE VARIANCE APRIL 16, 2012 Page 7 of 8 PREPARED BY: Y� Ant�v (I Ny�' V NANCY Q D CH, AICP, PRINCIPAL PLANNER DEPARTM NV OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES WILLIAM D. LO Z JR., E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION tZ i7, DATE 0� _ fZ -z DATE DATE Tentatively scheduled for the June 26, 2012 Board of County Commissioners Meeting Attachment: A. Resolution B. Warranty Deeds C. Letters of Support VA- PL20110001576, JAFFE VARIANCE APRIL 11, 2012 Page 8 of 8 RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2011 -1576, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.7 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 10091 GULF SHORE DRIVE, CONNER'S VANDERBILT BEACH ESTATES IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA 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 of the public; and WHEREAS, the County 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 of the County, among which is the granting of variances; 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 of a variance from Section 5.03.06.E.7 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet as shown on the attached .Exhibit "A ", in the RSF -3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of 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 BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number VA- PL2011 -1576 filed on behalf of Andrew Jaffe by Jeff Rogers of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 34, Block A, and the North 50 feet of Lot 14, Block C, Re- subdivision of part of Unit No. 1, CONNER'S VANDERBILT BEACH ESTATES, according to the plat thereof as recorded in Plat Book No. 3, Page 18, of the Public Records of Collier County, Florida (Folio No. 27530160008) be and the same hereby is approved for setback from 7.5 feet to 0 feet as shown District, wherein said property is located. Jaffe Variance NA- PL2011 -1576 Rev. 4/16/12 a variance to permit a reduced side yard (riparian) on the attached Exhibit "A ", in the RSF -3 Zoning 1 of 2 Attachment A BE IT FURTHER RESOLVED that two conditions of approval apply to this variance: (1) that the parcel in question be granted its companion boat dock extension as applied for in BD- PL20110001573; and (2) that the lot containing the corresponding residence obtain a Certificate of Occupancy for building permit number PRBD20120304314. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK Mot , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams 5'%��1� Assistant County Attorney Attaclunent: Exhibit A — Site Plan 1 I - CPS -01 128/ 18 Jaffe Variance /VA -PL201 1 -1576 Rev. 4/16/12 BOARD OF ZONING .APPEALS COLLIER COUNTY, FLORIDA By: 2 of FRED W. COYLE, Chairman 7 A S o g +o 20 SCALE 91N lazT i i PROPERTY BOUNDARY AA 6 EXISTING SEAWALL i i SITE ADDRESS: 10091 GULF SHORE DR LOT 14 NAPLES, FL 34108 i i i 35' BOAT R1PAFt1AN m i 23' BOAT i 11� _ 39'FROM MI..IW� 31, v 41$Q? Q� 10' PROPOSED 11' LIFT PROPOSED WOOD PROPOSED 10' LIFT i i NOTES: THESE DRAWINGS ARE FOR PERMIT7rING PURPOSES ONLY AND) ARE NOT INTENDED FOR CONSTRUCTION USE. ALL DATUM SHOWN HEREON IS REFERENCED TO MLW SURVEY COURTESY OF: "Marco Surveying & Mapping LLC" • SURVEY DATED: 06 -29 -2011 • APPLICAN70WNED SHORELINE (APP'X LF): 50 EXISTING OVERWATER STRUCTURE ((APPX SF): 719 WIDTH OF WATERWAY, MHW TO MHVM (APPX): 1420' TIDAL DATUM: •• MLW (NAVD)= -1.31' • MHW (NAVD)= 40.26' • • PROPOSED OVERWATER STRUCTUR E (APPX SF): 116 • TOTAL OVERWATER STRUCTURE (APPX SF): 116 • TOTAL PROTRUSION FROM MHWL: 39' Turrell, Hall &Associates, Inc. °E5'� "E °: T.T.T. J A F F E S O C K DRAWN 6Y: 07 -15 —�! Marine &Environmental Consulting CREATED: VJZ JOB NO.: 1139 3584 Exchange Ave. Suite B. Naples, FL 34104 -3132 PROPOSED DESIGN SHEET NO.: 04 OF E '1� Iurrell ' t mal.tunau. -assoc a es.com Phone.(239)643 -0166 Fax.(239)643 -6632 — pw,,,�, s„�FORP mrwc P—s— �, II.w.F OFO III — SECTION -29 TOWNSHIP -48S RANGE -25E WARRANTY DEEDS Attachment B INSTR 4572091 OR 4689 PG 3007 RECORDED 6/8/2011 10:08 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $32,550.00 REC $18.50 CONS $4,650,000.00 Roe'tel 8< Andress, lPA an Ohio Legal.PrOassbrnl Assn" 850 Park Shore Drive, Stlia 900 Naples.FL3410MW (239)649 -M 1reparedWj9@J%fiA%s *M Timothy G. Hains Attorney at Law Quarles & Brady LLP 1395 Panther Lane Suite 300 Naples, FL 34109 -7874 239 - 262 -5959 File Number: sms- Forbis Jaff Doc l amp's: J &g80"00 Sales Price: , ,000.00 Parcel Identification No. 27530.160008 & 27530880003 'Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this CDC day of Ju e e C. Forbis and Debra J. Forbis, husband and wife whose post office address is 1443 Rail ap , Qof the County of Collier, State of Florida, grantor *, and Andrew T. Jaffe and Fern usband and wife, a �t' s by the entirety whose post office address is 10091 Gulf Shore Drive, Naples, FL X10 023 of the County of Collie Sta of Florida, grantee *, t" Witnesseth that said grantor, for a in onsideratio�t c; to sum o TEN A D 0/100 DOLLARS ($10.00) and other good and valuable considerations to s id g t a a i e e re eipt whereof is hereby acknowledged, has granted, bargained, and sold to t e sa g me , d ce t n as 'gns forever, the following described land, situate, lying and being in Collier Cou o ' Lot 34, Block A, and the N 0 feet'of Lot 14, Blo C, e- , I " ision of part of Unit No. 1, CONNER'S VANDERBILT ESTATES, accor to /i t thereof as recorded in Plat Book 3, Page 18, of the Public of Collier County, Flor' Subject to the following exceptions:v (1) ad valorem and non ad valorem real t zs -t a year of closing and subsequent years; (2) zoning, building code and other use restrictions imposed by governmental authority; (3) outstanding oil, gas and mineral interests or record, if any; and (4) restrictions, reservations and easements common to the subdivision. Grantors hereby confirm that this property has been grantors' homestead. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • "Grantor" and "Grantee" are used for singular or plural, as context requires. * ** OR 4689 PG 3008 * ** 06/03/2011 16:05 2394344999 QUARLES & 13RADY PAGE 03/12 In Witness Whereof, &motor bas hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 'Z L4'L Seal) Witness Name: elC Gh S1-0� Rolrmt C. Forbis Witn /ess Name: t ne r (Sea-1) W itncss Name: a 9, (- Dc-Fm J. Forb s --� Witness Named v -� I? Stateof����� County of The foregoing instrument was ac o c who ( j are personalty known or %v v [Notary Seal] ro- C 0:( before My C C�tgRY : x.11 -1 AUBUC ' I bRobert C. Forbis and Debra J. Forbis, as Identification. e: gliamnvt Warrant}. Deed (:Varutary Farm) - Page 2 PvupleTlmew J This instrument prepared by: David L. Petersen, Esq. Quarles & Brady LLP 1395 Panther Lane, Suite 300 Naples, Florida 34109 Grantee's I.D. No.: 3537841 OR; 3712 PG; 0935 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/10/2005 at 09:35AN DWIGHT 1. BROCK, CLERK CONS 5500000.00 REC FEE 18.50 8500.00 Retn: QUARLBS & BRADY 1395 PANTHER LANE #300 NAPLES FL 34109 Property Appraiser's Parcel Identification No. 27530880003 / 27530160008 WARRANTY DEED THIS INDENTURE, made this �4 of Dee ember, 2004, by and KIMBERLY L. BILINSKI and DENNIS M. BI Ift husband, whose address is 1417 Timberwood Court, Bremen, Indi - R "), ROBERT C. FORBIS and DEBRA J. FORBIS, husban f ^ ife, as tenants b tirety, whose address is 10091 Gulf Shore Drive, Naples, FloAda , " RANTEE "1 WITNESSETH, th ($10.00) DOLLARS, and of by said GRANTEE, the red sold to the said GRANTEE, land situate, lying and being Lot 34, Block A, and the N No. 1, CONNER'S VANDI Page 18, Public' sidaeration of the sum of TEN al a 1 r n to id GRANTOR in hand paid e . ackn w ed #;7has granted, bargained, and JT S heirs d as ig�n, ver, the following described County, Flori it. et of Lot 14, BI o , e- Subdivision of part of Unit ccording to plat in Plat Book 3, County, Florida. SUBJECT to municipal ordinances and zoning codes, restrictions, easements and reservations of record, and real estate taxes for the year 2005 and all subsequent years, bearing Property Identification Numbers 27530880003 and 27530160008. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple. GRANTOR hereby covenants with the GRANTEE that at the time of delivery of this Warranty Deed, GRANTOR is lawfully seized in fee simple of the property described above; that GRANTOR has good right, title and lawful authority to sell and convey the subject property; and that GRANTOR fully warrants the title to the property, and will defend the same against the lawful claims of all persons whomever. * "GRANTOR" and "GRANTEE" are used for singular and plural, as context requires QBNAP \449917.1 * ** OR: 3712 PG: 0936 *** IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. ` Signed, sealed and delivered in the presence of- WITNESSES: Witness 41 K- RVMERLA. BILINSKI Print ',e Below: _ 2 co Witness #7/ - _ - NNISvi. >'3,ILINSKI Print Name Below: ,.�' �,,°"°V. "' "�. STATE OF FLORIDA 1) COUNTY COUNTY OF COLLIER ' The foregoing instrum acknowledged b" r e s 30 tay of December, 2004 by KIMBERLY L. BILINSKI S M. BILIN S / who are personally known to me or L_] who have produced J as identification. (SEAL) CARYN D. IIAf7420M t MY COMMISSION F1 :,V Wdd Th. NON P11W UW--A- EXPIRES: Apra QBNAP \449917.1 -2- /. L.. _ . A Typed or printed name of Notary MY COMMISSION EXPIRES: •� 2450934 OR: 2177 PG: 1399 *� AETUP'l 10. LsvlO t.. Cook. L-sgtlire we" it emem 11e0M of lam mm, R v:r, Aesenderp 6 Ilarnadoe, P.A. 11MI i at 11:410 111181. i10Q, CM 801 Laurel Oak Olive, Suite 300 Will 17NN.0 yapies, Florida 33963 we M 1•16 IOrL,11 S11i1,N low /uunow 17 u Phmd m N & 27530880003 10 1011011 Graatoe 11 TIN WW 1!r 33111 Grantee 02 'rII4 ` Warranty Deed This Indentwe, Made this 26th Jay of April, 1996 A.D. , Between Mary R. Lawmaster, Trustee of the Mary Lawmaster Revocable Trust u /t /a dated 11/12/91 and individually, of the County of COLLIER I state or Florida , grantor, and Kimberly L. Bilinski and Dennis M. Bilinski, wife and husband, whose addra. is: 1417 Timberwood Court, Bremen, Indiana 46506 of the County of stateor Indiana , grantees. Witnesseth that the GRAN OR, for and in consideration of the urn of - - - - - - - - - - - - - - - - - - - - - - - TEN & NO 1100 ($10 , 00) --- - - - - - - - - DOLLARS. ud other good and valuable acnsidenation to GRANTOR in hand paid by GRANTEES, the receipt whereuf is hereby acknowledged, has granted, bargairxd and aold w the said GRANTEES and GRANITES' heirs and auigsu forever, the following described Land, situate, lying and being in the Ctwnuy of COLLIER stsw or Florida to wit: Lot 34, Block A and the No of Lot 14, Block C, Re- Subdivision of part ER'S VANDERBILT BEACH ESTATES, accord plat in ' ok 3, Page 18, Public Records of Colr1 County, Flori Subject to restrict446,� =�sery tio`r3s� and as me , nts of record, if any, which are Sot /roe t xes subsequent to December 31st 199 u� 'Z�Cj/ and the grantor doct hereby eney warrant the title to said land, and will defad the same 294inst IawNl claims of all perwns whoa utever. In Witness Whereof, the v.,., bas hcn v nw act her hand and seal the day and year first above written. Signed, sealed ivered In our presence: Printed Name: 44V1.0 L By:�_ ", ���`� � (Seat) MA1tY WMASTER, Individually and as Trustee P.O. Address 10091 Gulfshore Drive North, NAPLES, FL 33 %3 Printed Name: 7 1 j ��y STATE OF Florida COUNTY OF COLLIER The foregoing indmuKrY was acknowledged before me this ) J`� / 1 day err /1) f y'/ MARY LAWMASTER t'�J y i�Ii l., t9 I i by who is peru,nadly known to me or who has pniduc ed her U. S , driver's I i cense as idetWfiatiun. TUs Docun au Prepatcd 19y: David L Coot. Etq. rAL" A, ICA YOUNG, VAN ASSENDERP at VARNADOB, P.A. Printed Name: 1101 LAUREL OAK DRIVE, Surfs :Soo NOTARY PUBLIC NAPLES, FL 33 963 �_, My Cornsniaswn Expire.: MONA L. FAIiEY }, W CDVU FI;kw I cc fadrt2 EIMM: Dobw S. 190 LiaMs1 non tlsry Hob Wda Imn EM 13 M a 34 Mitt OR BOOK `P�� ytf `Y � rr,�r�c ss. �uo�,�;i"�� -Srs� Il�•t.,� �t�� -- � � � AfiEt afCQ RtitilA fOt Stepbet►%'hterttprtria, G4+ _ 4mi Tsmwai TtA Notth Saitc 3W Nfspks, fW,& "M (813) 2612 WARRAf�'�'Y U D ember TEfES WARRANTY DE-F 1k, �e t1e f_ % day of Noneta�er. 199 by Mary R.j kVMmtcr, a married woman, whose post office address is 26700 County Road 54 = Nappanee, IN 1OeCfantor7, to Mary R. Lawmaster, Trustee of the Mary Lawmaster Revocable Trust u /t /a bated November 12, 1991, whose post office address is 26700 County Road 54 Nappanee IN 46550 ('Grantee): (Wherever used herein, the terms'Grantor" and'Gran(ee' include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WTTNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars (510.00) and other valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the G_rranttee, allthat certain land situated in Collier County, Florida, viz: /tl�t � . S j r Lot 34, Block A, and the North 5'0 0, b 1#� B r Subdivision of part of Unit No. 1, Conner's Vanderbilt Beacb es; according to Plat eL� riled in Plat Book 3, Page 18, of the Public Records �, C—li tier County, Florida. TOGETHER with all th /ten¢menttss, he dram nts anii`appurtegances thereto belonging or in anywise appertaining��i�j l TO HAVE AND TO Qi l t e �n lstme forever (i e AND, the Grantor her r nants with said Grant that �Ybc ir for is lawfully eized of said land I y Q in fee simple; that the Grantor has ght and lawful authb�to se nvey said land; that the Grantor hereby fully warrants the title to " la and will defend the s�arjn st the lawful claims of all persons whomsoever, and that said land is fir brances, excpKl# e or the current and subsequent years, zoning and use restrictions imposed by Ze tat --au ity�re ictioas and easements common to the w m subdivision, and outstanding oil, gas and min if any. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered as to Each Grantor in the Presence of- WitnessN :Cher lan . Mast MARI�X,IAWMASTER 7 Received $ f Ga — Documentary Stamp Tax Received$ Cl is 't:' Ininripbte Witness N e- Jo k'e ick _ //� NCrsonal Property Tax COLLIER COU Y LERK U DURTS STATE OF INDIANA ) 6Y ) ss: T — COUNTY OF ELRMT ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments personaUy appeared MARY R. LAWMASTER, to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. i�'TiNESS my hand and Official Seal in the County and State last aforesaid this 6.' day of ar TtL�rr 1091. c o o • 17�t�t3ta;6�r • • ' oA 4 I ;inita Nntary Public of the State of Indiana and my commission expires: May 19, 1993 x" r j`Cj • i .' r. LL 41C C NOTARY PU IC o (SEA1j'•:, Name' Cherylan J. Mast �n W N • W ul 4 1 �f AMCO WAeaANTY DEED IMol"D ,o . '• 394137 fr l r( r 1 1M . 1,4 This 10arlranty Dyed Ands Ihr 22 day Nf July A. 1), 14 75 by t4ilton W. wood and June E. Wood, husband and wife .lu'rnlnullf'r tallfvl Illy oranlor. Fri .• Mary R. Lawmnster nLu.r• r" 1/1(1. n,1,Lr... I, 26700 County Road 154, R.R. 41, Nappanee, Ind.46550 hr'n•inaf h� llrll ILI. ,tnallrl� �NL,I,v, „ «d Lr,.,n d.r tries n,l inrlu,l. dl Al• pu this nurumn,l wd Ilrr 'I,rn, ."d ,.1.:• .,•l •,.•r, •all +• .:. n. ,.( �n,l �+:rinarl,� •n,l Ih. rr n•, rte •nrl .•.ten. nl rnr lnn•nnn.l �4lr ltnessefh: 'null Ilu• it I. lur nest in ronsklnrnllnn I,J Ihn wm of I; 10.00 earl olhfr nnluahlr runsldrrnfGlns, trawl mhrnv,J fs hrml+p u,,k11nn'Ir,lffI'll, lwre6 pmnls, Lnrflains. sells, aliens, re. misos, relrnsos, r'onrryi nn,l rorllirnis unto Ills pranfee, all ilial verinin land silunte In Collier Courtly, Florida, wz: Lot 34, Block A. and the North 50 feet of Lot 14, Block C, Re- Subdivision of .part of Unit No. 1, Conner'.s Vanderbilt Beach Estates, According to plat in Plat Book 3, Page 13, Public Records of Collier County, Florida. i_�IP• �_ •a IILUftI r sr >H A {e3. L•.�.Q�,i• u .n. ..1»I r .1Y}illf,$ 1 e �"l w s, <a r 6 jt3tl W ;��4 fah � � }r.- tsjrri• "+',L i. ' ! .. - , . t1 r .� t1 � Together wilh nil Il,e tenements. hereditament, and appurfenances thereto belonging or In any'= wise appertaining. To Have and to Hold, fha same In fee simple forat+er. find du grantor hereby covanants with told grantee lhoi the grantor is lawfully seized of said land In fee simple; that the pranlor has good right and lawful outhortly to cell and convey sold land: that the arontor hereby fully worrinls the title to said land and will delend.the some against Ike lawful claims of all penotis whomsoever; and flint said land Is free of all encumbrancot, except taxes accruing subsequent to December 31. 19 74, and conditions and restrictions of records b� VP., In 10JU ess Vhtreefr 11+e said pranlor has signed and sealed these presents the day and year, first above turlltan. Signed, iszl�led,, and delivered In our Presence; •W( , O.L,.: Q��:: Milton �W•s�i Wood rY l�,t ,, t ;.,✓ ,,...... ,... ..................... Julie .Iff zee OW roe wow" UW- COUNTY OF A sew I HEREBY. CERTIFY that on this day, before me, :n oitieer duly r 6 Slate aforesaid and in the County aforruid to take k' f 1ckno w d�t1enonally appeared ,A Wood & June E. Woody 'IE p ".l ....:.......... .................. _ ...... ... -. , pG l r.r lrpvrrd'G J.M. O'Hara, .Pees. !9� GULF TITLE INSURANCE AGENCY, IMO. 600 FIFTH AVENUE SOUTH • SUITE iO5 NAPLES; FLORIDA .33940 &T' OOI i� AIR, D A. e.eere.tl M DNtci.l e.enrer smn 'ol caurrn rnueiY. nonla�•� N wn•+aa (1. r, Sf:a Tt - .. 4W, ' • `� 41•� r,tct83$ rrtni.d I.,. 1......' TLI. G..r,o,. 1'w...f, 1111....{.,• 1 "t.•r{.i, � 'flat in%1tWnrui %.•n% i.,rp,tr,hi h%: RICHARD BIVINS LANSDALE a �j o{�( 1=11ARD BI INS I.ANSDALF_ -Y P.A.- -i arra•►,Fky Bee fSTATt11xtT fOVH— S[fitOh 689.02 (.S} 1� KS T.-I.:1 94 NAP1.R3, F1:UAiDA 31940 qhta .1nlrnturr, Li. ' ?1;j da% Of Sen:et be: 1.1 11 , {jfltttCCi1 GERTRUDE S. M,ATROGRANO, joined by her husband, ANTHONY J. MATROGRANO, bihet:..„ n of Collier tir.lte.,b Florida t.,,l,,, ,.t,IJ I4ILTON W. WOOD wbo.e IMto "lN„• add1... 1, 3320 Hamilton floulevard, Allentown, td the c'.antl% Ill - of Pennsylvania 18103 •. ttnreerlfl, 17,at .aid gr.ulfot, fit and ill tou.idelatiun of 1111 %1111 of -- - ----- -Ten and No/ 100ths --------------------------------------- +A%Ihtrs, Intl other good atal %ahwld'. a1l,idrtatiu1,% t1 a,ill grrtdor it, Land paid 111 ,aid glaidtr. Ihr 1,vrtilt „hrrr d (% ...... acktwtwledgr 1, has gta1,1. +I, hargalrrril and %old to ihr said 11��tnntre. and gtantt+ % heil% .11%41 'Imign, futrvel, 1111• fill, tM'illg dt•scrilxtl Lind, %111:,%1. Ivh.g and lk•ing in Collier ConnN•, Florida dt wttr Lot 34, Block A, and the North 50 feet of Lot 14, Block C. Resubdivision of Part of Unit No. 1, CON14ERIS VANDER- BILT BEACH ESTATES, according to Plat thereof as recorded in Plat Book 3, Page 18, Public Records of Collier County Florida. SUBJECT to restrictions and easements common to the Subdivision, Taxes for 1971 and subsequent years. Mitt ,aid gr.1,111,1 d—, hrnd.% bill) %% %irtaol Ihr till(- In ,aid L11ul..tr.d ,will deb-ml Ihr ,anti •.ttAml tit.. lawful cl.th", ul nil (a•t,un% %rhontva• %ot. ' - Cnutim- mid - gtaoh•e- art• used fill 0119111,11 ul Pl.nal. a% c.rtdrU lt•.Inirm. All 1t11111r611 wbrrrof. (:,akin(- has hrtnnllu %et gnuttnt'% hn11d and %1411 Ihr day .ual %rat lilt ahavr %%ritR•n. Slgolvd, se.dr,l and drinrn•d ii'u our ptr%rove: Yy�£rG�L t •� • iGiGG >! _ -._ r ,!i t�Ls -�.( <� �X «T��t <..,.� � . _.._.._ (tir:tl) ,• Gertru S. M tIQ, ano Anthony�O,rMatrogran ✓�� _....__.Itiral) t ( Seal ) -- ......._ ...._.._._. .. - -... . -- • --.. . . _._..--- [Sent) S1'ATI•; OF k New York COLIN'IY OF ' Uutehoan 1 Ill-AlEBY CERTIFY that au this (lily before tne, all offivel (1111%• gn:difit•tl to take ackuowledgnit•11s, per.un.dh apixared ANTHONY J. MATROGRANO and GERTRUDE S. MAT ROGRANO, husband and wife, to ,a• known lit be the Iw-non 5 described in and who r%octrted the I'meguiug i1,stn11ueld 111,41 uckuo•%ledgrd hcbur,. ;: an• Thal they e%rculyd III,- same. WITNESS tnv band an(I oific•i:d seal ill the Cuuuly and Stale I., 41111•' id thi. 2 tt J:1, )(' September 18 71 , a \Ir vmmisdou cspin'S° Nahtry Public FETLR E. r'bBINSON . ROTARY rOgit, $141! Of aeslalRG a aurcufss tvuRrr `. (NOTAiIaf $EAE) jQY1tt3S101 f.Srou {flack A 14 73 _, �, e• M Fw /H rlo IT..u.n.1 w 11hAW" DEr.VI M.l , r.m.J 183693 •O,nLdNlc , .,.., „� •,.. ,..�, rr.arr [ew Mnr. r..balnn,./L {„1,e R c Ul2 fAu 375 .1faTl1{�' 1111s 3rd It of April 9 1. D, 19 69 LCiN cen fiRN3ST RIM, SR.I Joinod by his wife, CARMCL RIZZA, I')/ file C.runtp of Lea ill the .Slate of FloridA parties of tlrr fl re[ hurt, (it) I/ 01IRTRUD3 S. :•1ATR03.11aAN0 whosr. correct post office address is: 2341 windward Way, NAples, Flnri of the Counll/ of Coll ier ire !hr ,Stnfe of FI�QLitln 339, part{y of 1 /Ir scrollrl par \`'1I11CPSC.l11., that thernid porlics of the first part, foranrl in MI.Tideratirr». of Jlie .cum of TEN AND N0/ 100 ------ - - ----- (510.00) -------------- Dollars, to then in hand !mill 1,11 the soul part. y of the srroud part, [lee reccip[ u'Trrreof is licreby arknuu•ledkrd, hive _('rnntrrl, bor0aincd and told to the said party of the srrond part, her heirs end assigns forever, the, follou'inft desrribrd land, situotc, lyhie and brink ter the Corerrty of Collier , State of Florida. to it-it: I:IIIIIillilllli O :ts;rr Lot 34, Block A, and the North 50 feet of Lot 14, Block C, R­ subdivision of p:,rt of Unit No. 1, CO\N_EVS V.iND7_RBILT BIAC11 'STATL•S, recording to the 7zp or pint•thcrQof on file r'.nd recorded in P1: t Book 3 .. ^t pr•-)e 1P., Public Records of Collier County, Florid.. SUBJ3CT to taxes for the c•,lend,r ve.-r, 19+9 end e�scnents and restrictions of record, if rny. � STATE cr FLORIDA � OOCCUl'.EN'_ArK,.STtNI' TAX S 90 C Pa I;e 47 STAT EDrFLORiDA „- GJCUIfENTAR -TAMr' TAX I10111 .11,11 the ,cold parr ies of the /Irst part rlo hrrr•r,y/nllq oarrant the title to said land. and it-ill defend the som n;, im t the lull fill r•lninr.e •If fill prn,•oux tchnnrsnetcr. 111 "i(Iiess Whereo ., fire said porlics of (hr, 1I.st hart. have herrunta ,el ihci r hands acrd Peals the Doll arrrd year first aboc'c u:rittell. Sign d, Sealed and Deli,'ered is O,rr PrePCnce: _�:L_G��� ice' J ( :2Sr��_ .•r- ,.�! ✓��„ �Lir•, J” - — - — (Cpl State of Florida, } Cnunly of Lce 1 IIEREBY CERTIFY. That on this dull personally opprar[ +d before are, an. offleer duly ualhori -rd to adminisirr nuths and toA'n ackoolvIcdI, fnrell ts. S:2 \5ST TIZZ%, SR. and G'.:t:•;.L 2IZ-L•1, to ale well A- 11(mn. unrl knore'rr to nrr la hr• the individuals drsrribed in. and lulro execrrlyd (lie fore�oing Bred, and they ork'nuirdedged before. rile that they rXecuted fire saner frerlp and volrntlarillr for tier purposes therein. expressed, M ITNE-,3 rrrl hand and o/)ivial seat ah ua1s xxx��� �o�cxxxxx> exxx nix ��ln�ern { "xk'lexiiu this doll of Anri 1 1. D. 1.9 69. (N01f 1Y'S S ?:1L) `a "i o nrrl Public I ill! Qornnri.c,•ian f.:rpireslo •}tFri /f 1 �rT q.cav a.a In D:r,c .: q.co.a. neol tl.n ,.. LlinlrlA a•I COLLIER COUNTY, FLORIDA ,., -FOAn ET T. SCOTT 1 • I. db •�NI��'nne 1)[ IL.m,. I,,,4wM1 w�A IiOAt+TY UI "l:a •- my,uLw, I•. �' Iiit n, _�` 1 • + � lt✓`" / /,�i'I ° � !� �i (;Call 0 Y! fACE.. � I ,� .(:r,• l��11�Q�� ,�71rrf��1�5?ifl���f�f�((� �� 11 .Ihrrlr tla'• l t V l5 1. 1�(tl llsUU IY A nritrt•t'Il J. i :rC;l,::1' 911U71' .,1. 1). n! "T1:1 ' r.. SI11CZj,, huslrnnd nnll it It n/fltr ('n it it II /n/ Lllchflnlr) r j Ill t/I I' .tlr(e N QannP CtICUt f tail I rR n/ ( /rn pia prrlt, uad ;uIN.t(1T 1111/1 ,-,n,: C \M ML�lTTi'r"—)j —'1^ I iv�fo, Aa nn eeRintr' ul' the antirnip, whoaa nr +rrar.t poAtaflioottarlAronen yR ,1tklnA itrrnt, f•;dlr•tmvn, Connnctictlt (it., .57 of III Cnur11 // u/ :41,J.iluanu par/ xr hr the State u/ Connecticut I t nR o% lltr vw,l /lilt/, t «'�II1l:RRO(!l. Ihn! thexrrlri part its r,/ fhr /irxt part, /nrrrnd Iq rnn$Idrrallaa i f to the- ht hand pal'/ h1/ t11 r x.11"1 part it „/ the vervurd part nrwa t 11 !r'Jlrrrvl /lx herrblf ar•k,rrrtl'Irtlord. have Paid part ins I)/ the xrr•und prlrf, their krnaled. hartfatneal n»r/ tohl fn the 1 /arrrrr, the /r, /Jn11•1110 r/rxrrlhrd Jam/, xi/a,Itr, 1q %aLr arN/ brirp /heirs arint ,Stair l orut�p o/ Calliwr ir a/ 1'/orida, to u'll: Lot 3•i, Block A, nnel the h••rt+. ;(` fnl�t of Lot 14, I ° Block C, in r.'O'"ISR' 5 V,11J,iR LILT 11?.1C)l Lr.STATBS, accordin.) to the plat lh ^rrof rwcordnd in Plat F Hook 3 at pr'ne 1T of the Public Records of Collier y`)� County, Florida, being a replat of Unit K1= g SUiIJdCT to texas for the calendar year 1968 and v'3 - estrictions of record. D00MINTARY� pecer�r, ~i = CIP- SURTA nrIr::at CPOO. �'� C' -L :r. �.•i•.�' F I ri P4 rr IItl ^ter L-3 0. 8 0 �� Ili+ [:]•.iT • I I , I 1 fnd the $n /rH (I T.11 1 „/ (hr /1(x1 //, /rrl del herrbl/ /uNp uwrranl the title to sold /earl par/ a!l! r/r /rail the xntnr,�l n�rr /iuJ Jhr !au /a! r•/nhlt$ n �!i 1'jttic'Nd 1�'i1('r(`Uh the xalr/ parflep „ the %qll Jrerrnne ruhanaoeler, wrl th . f r harm; sau,i xeal A be (1111/ aI)d Year/lrxf ahof.r ulrl /1 nha Vo hereunto j !� Signed, SrAlyd and l/rlltrrrrd In Our Prooenrel etynA, /Kelly /- t't� -.. ___ (JSS /^ /]j� lly/� r 'SlAnlay PtIY i, ar01(1 - _ (ACS rofthT' '61111tT of h)OUT ( a$, Stamford County r+l ' lilt$ day perxr,aall arrthx earl take nrgiiJrrl�,nenrtsore nisi an ! J. STANLUY SUARI' And DOROTHY n. SfL1TIP fa ale trill known uar/ A.tnauvl to 1110 !n 40 the ladirlrltral s r/nxor/hrd In aul who 1 +xrrutrd Jlrr /'nrrlrulni+ r /err /, read they urkrron•Ird¢rd br /nro ?it hot r they r,rrruh'd lhr xuarr /errllre#111 fw/ititIart1I //or the pnrpaxex lhereilr exprexxerl. 11'i7: \}�Sti my hand uml a /Jlria/ xrn/ oA dap a/ 1[ {I [• l' 1iti+luirtl ;ypfx:n / :1'lrrrhle, lhlx t Law I STATE 1111 Connrrt..xioa h'xpiro.t�Prl] 1, 1969 N er FLORID S A --- --.G -- �� [)tICUMCA'T,'..�Y.,S1AMp tAX C.i CJ � 1 11. S., 'i O 4 O OS 1w...M I. wx,.1 x�.N. •W I ll•1 wxTy�[,Irl• WC0[a[1 Couwv nom x . MARGARET T. 0, j CUrk of � f I 9' f Wr a�a�� 'Deed '3G113 Itcxona nlxon9 )3 A/IMN ►t"1 )1 GAr /1) R19NiM )}TtRR► RTATUTOIIY flAll ZA, {7•nitlbA (Zinn 3iulrltltlrr, hind. l,Ill I.1 dAy nI Apt I I IllIIf.-I Yn11.nn "I,IIr all.' •.,,rnlhl h• ..hllh, In( «,IA�,iT161ill %tlrr t�rllllrrtl ul dn' rrnluly ul Awl r l n e n • $I41r Ill (ln l l rota In r. '•iuul(y Mill rp nn,l lurullll ,1, HIM r11, Iulw lilt n,1 , rpllll It"•« 0I W6Anlpnn.And -A-I {NIUnMopAdtltr\th �1 1.11,,I1 nnhnnt f ;ifrnl, Llrin rynluu NIh,, ul tilt" Calmly of nvh r t • 1' bt Ih9 AINu of YrN 1 n rY p1r1 I rr of the Imood part, ?tillnrnnrlh, 7hAt Ilw IAtd ,art I t"•.1 • - . 1 nl Ihr nnl pall, lot And 11' n.nddrlAllrm of qtr nun of Aud ulhry fund .mI \'AIIIAWr rnu.IdrraNnuA In t u/ I r Pr•11 _ ... • _.. • -- • . \\hrind h h,trit)' lltkmrwlydplri, lut'r In 1. iiif lv l,l h) 1,4,1 If. Ihn 1).dlalt, Rrwd,ri. 1.410111 1 .url «d.1 (o tilt" -1.1 part 1 1�1 nlwa�gxl life r� �p( brirl And o, U1r tlA11 fif r b tdd,. to-wit; nllnwing dr+rrll «,1 IAr«f, NIyhIR N«I IN -Ing h Ihr (Alnty 4 u I I 1 tt. t r 1••t" 1 !I. •t Yt �� rltll.a•c.. 11 ,..1 I! u'.trn`�>.n n�•� 111•• t•.f1h ( . ?. ✓� j�jl 1 1 t i r 4. r••r.r ,I,, t.., r1-1 1 ..t.' .•. l ., rlJ /U 1 , r.• .,r•' I.1 111`•:1•,. 'r: .•111••1 ••uul} 11 '� 1 1 1 •,1 •It 1 , • nrl.V. nl•1r r tn, i. t till 1 + I .md Il.r• a n•1 pul 1 n,. nl Il.r lu\( r ul .G, ..un' ag,apt tilt 1AN'(Id,lallnt nl •lI1•.14«x• NI•MItwN•1r7, '71111 NJIIF,d II.r Illlt tp 4aMl I.1•d Nr«I'Atll ,frlrn•1 if MIllran iilhrrr,l(, 'llo. )aal par( 11 . 14 d..• p U I., \ .,nd I1•AI lud .J..n r N•nilllt figl rl, w•:+1. d �Utj rklnrna it rNrr I«nriltwl NIAW (11 . 1 ti•n+. -e t ( Ill > \11 Ill, I III III:IIY +C1'!1'l ll) 11, .! nn ILn y ,1a1 I« -Iran a «•, AI, • flp•I Iv'rinuall A {�I1A,urd hr u,n lrrnwn (A jM Ibn prl.,.n' ,L•w nl.r•d In u.d NIM rN•\rllr,l d,n IrM. IN.,lln Illall.r /11.1,1 d .1 1 •„ a+11ur:\ir.IF„I brffnr Ito• dot hr• r\rva6d Ihr +AroN r 11'I'rn'It\.ri��ll)' 11.uu1 and plhrl•d w•AI w Ihr Gxn,4' Urd �Lllr 1.•I dun•nul IL,r - :+r�.Ao #1c:::�... _ Knlan• 14d +1k• 1 irn: Fdrrl II1u k91 F, dAy of J un r -� 1J.rr1 • r I;: d16►► �L, &fill 0 p( Al. 1(nanl +d In illat)ttl) 1'Iatlh'11:1)• L:!'.:col! Clrt► t:ln•tIh (:nurl, CPl l ! r• r• \ . - + rI .. Qwnly, i7nDrNty .•' W.ggA N7Y DECO OgCW•• fOgM q. k:. ]] M•n.in <l.<•. !r t4r x. t N. ., 0,,. fgON COgPOn ATION 23628 40 75 .11nr/r. IIt(.c l.lth defy of I May �CflUeefl CO ;:1;1•1;5 VAiiDERiiILT BEACiI ESTATES, I1.'C. , a corporation 'i exisling'undr•r /hr laws of Ili,- State of Florida holoin;/ its principal phtrc of i hosinrxs in the l:nnnlg of Collier and Shift, of Plorlda porly of the firs/ part, and ',/ILLIAi,: 'lELS011 'N "ITE AVD DOROTI ;Y nt(. 7Cil`1'E,husband nil w _ ;fe,ss an ostato by the. entirety, of 850 lliunbolet; St.,Denver, n u/ lhr Cottatll of Denver olu S'lolc•o / Coloracir, ' i part ies of Ili,: second part, YUItnFSSeCh, Thol the said party of the first purl, for and in cort- t jl vidt-ralion of /lv satn of Ten Dollars and othor valuable cons ideratic•nspt htQ24 II to it in hand paid, the rerript whereof is hereby acknowledged, has granted. bargained, sold, ' I - 1 alirned, ren iced, rrleaxrd, eonoryrd end rat firmed, told by Jhrse presents dolh grant, bargain,.scil, 11 i alien, rtmisr, release, ronury/ rood confirm un /n the said part ie9of /he second purr, and their ' I � heirs rind assigns foreorr, all that certain parrel of hold lying and bring in the (:onnty of Collier and Stale of Florida more particularly • t drsrrtbrd as follows: Lot 34• of iilocic "A "., Unit #lj Conners Vanderbilt Beach Estates, according to the map or plat th6roof on file and recorded in the office of the Clerk of the Civcuit Court of Collier County, Florida, in Plat Book 3, Page 18. Also the North 50 feet of Lot. 14, Block "C" of said re- subdivision, being a parcel of land approximately 30 x 50 feet lying between the East side of Gulf Shore-Drive and the end of canal in Block "C". 1�9tI with all Ihr lenrrnrnls, hereditamr.ula and appurlettanres, with eurry privilege, right, title, Inlerext and estate, rcuerxion, r•earaiwler and easrmgnl thereto brlonging or in oriyutlae "appti •..•_ ? t lairrinq: 3C �{AUe and �!1 �'101d file acme in fee situp /e Jureurr.- ir,+•.; •'•{""�; And the said party of the first part dath rovenant with the said part ies of the second part that 11, is lawfully seized of the s4id prcrnlscs.-tfhal Mcy arc free of all inc•umbrances, and that it /ins good right and laufirl authority to sell fltesamne: and the said party of file first part does here- ;+ by fully warrunt' the little to said land, and will defend the same against the• laoful claims of all t persons.whonaorver. In witness Uhtred, thr said party of the firs jl _)6d 'has caitsed ;•'. these presents to be signed in its ncunc by ilshIrrsident, and its 'dt�erporale corporate seal to he affixed, attested by its Sec.Asst. See Iy. ':r i� • .�• s.� rJ� a to dpy and year above written. &Treas. ..01 .i{ ';s .r'r,~.� �y MIMS VAR BILT_BEAQJi E.�TfiT�S,.INS+e j�`sat:So y'de'Treas:.'... By G %^ Cy�z'• s I„ ident.•~ a r4,t�ln. r {• St' Ked Scared and elioered in Our Presence: �. , LETTER OF NO OBJECTION Jaffe Dock Naples, FL I hereby state that 1 am the owner of the adjacent upland riparian property located to the dek"l) of the proposed project at loo?a 'Jaffe residence. [. . understand that the subject property is proposing to construct a dock that will encroach the on required side yard setback of IQ -feet. I do not object to the proposed project and . agree to allo%, the project to be carried out. (t7rig al signature of ad' t owner} (bat signed) C4-1 Frt*R!J C64W��� (Printed name of adjacent owner) Attachment C May 19 11 11:57a Robert C. Forbis May 19, 2011 10091 Gulfshore Dr Naples. Fl 34108 To: Appropriate review agencies and Administrrators Re: Proposed dock for 10090 Gulfshore Dr. Andrew and Fern Jaffe This letter is to inform all parties that as the ovmer of the adjacent parcel, 10080 Gulfshore Drive, I have no objections to the proposed dock as per attached drawing . Sincerely, C Forbis P.1 PT TRT.TC NOTICE PUBLIC NOTICE 18A )) Friday, April 13, 2012 )) NAPLES D A I LY N E W S NOTICE OF PUBLIC HEARING Notice Is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, May 3, 2012 in the Board of County Commission- ers meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL., to consider: VA- PL2011 -1576, Jaffe Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Pe- tition Number VA- PL2011 -1576, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on prop- erty located at 10091 Gulf Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] And BDE- PL20110001573: Jaffe Boat Dock Extension - A Reso- lution of the Collier County Planning Commission relating to Petition Number BDE- PL2011 -1573 for a 19 foot boat dock extension over the maximum 20 foot limit provided in Sec- tion 5.03.06 of the Collier County Land Development Code to allow for a 39 foot boat dock facility in an RSF -3 zone on property hereinafter described in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] PROJECT A .a LOCATION € gg ^ ` S 8 All interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, May 3, 2012, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a perma- nent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Col- lier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No 240188510 April 13 2012 AGENDA ITEM 9 -E Co 'fer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION - PLANNING & REGULATION HEARING: MAY 3, 2012 SUBJECT: PETITION: ST -PL- 2012 - 0000900, MARCO ISLAND EXECUTIVE AIRPORT SPECIAL TREATMENT PERMIT PROPERTY OWNER/AGENTS: Applicant: Chris Curry, Executive Director Collier County Airport Authority 2005 Mainsail Drive Naples, FL 34114 Property Owner: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 REQUESTED ACTION: The Applicant requests an after - the -fact Special Treatment (ST) permit for improvements made to the Marco Island Executive Airport. GEOGRAPHIC LOCATION: The subject parcel is located east of Collier Boulevard (S.R. 951), south of Tamiami Trail East (U.S. 41), and north of the Jolley Bridge in Sections 26 and 35, Township 51 South, Range 26 East. It is accessed via Mainsail Drive. PURPOSE/DESCRIPTION OF PROJECT: This after - the -fact ST permit application (Attachment 1) is being brought forth through the public hearing process as directed by the Board of County Commissioners (BCC), acting as the Airport Authority, at their meeting of April 10, 2012. It is for the expansion of the existing Marco Island Page 1 of 5 Executive Airport, which may partially lie within the Conservation zoning district and Special Treatment overlay (CON -ST) as shown on the current Collier County zoning map. However, staff found previous zoning maps (1976, 1982, and 1991) that show conflicting delineations regarding where the CON -ST line actually lies on the project site. As such, this ST permit will address impacts that occur from this project within the "true" CON -ST boundary if further analysis demonstrates a boundary different from that depicted on the current zoning map. This would be consistent with the Memorandum of Understanding (MOU) approved by the BCC on September 11, 2001 (Attachment 3). This MOU specifically delineates the development of the airport consistent with the Marco Island Executive Airport's 20 -year Master Plan. The project includes the construction of a parallel taxiway on the west side of the existing runway as well as the apron expansion. The project, permitted under Site Development Plan Amendment SDPA -PL- 2010 -418, completed construction in early 2012. r —�f -1 i rn t��.R evu Rr.. c. o.�n�•e Potential area of Impact to ST Overlay — Marco Island Executive Airport SURROUNDING LAND USE AND ZONING: NORTH - Undeveloped land zoned Conservation with a Special Treatment Overlay (CON -ST). SOUTH - Undeveloped land zoned Conservation with a Special Treatment Overlay (CON -ST). EAST - Undeveloped land zoned Conservation with a Special Treatment Overlay (CON -ST). WEST — Undeveloped land zoned Conservation with a Special Treatment Overlay (CON -ST) and PUD (Marco Shores Country Club PUD) a residential and golf course community. Page 2 of 5 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: A. Future Land Use Element The subject site (recently constructed taxiway area on west side of airport) appears to be designated as Conservation on the Future Land Use Map and is within the Coastal High Hazard Area. Allowable uses are limited within this Designation and do not include airport use. However, Policy 11.1 in the Transportation Element incorporates the Marco Island Executive Airport Master Plan by reference and said Master Plan depicts the taxiway within the limits of development. Also, a 1996 Inter -local Ingress /Egress Agreement between the Florida Department of Environmental Protection and the Collier County Airport Authority, and the First Amendment to that Agreement, dated August 28, 2000, is consistent with the MOU that was entered into by Collier County, the State of Florida, and several other parties and adopted on September 11, 2001. This MOU specifies that the BCC shall, by Resolution, forever delimit the development of the airport consistent with the Marco Island Executive Airport's 20 -year Master Plan. B. Conservation & Coastal Management Element Staff finds that the Marco Island Executive Airport Expansion project is consistent with the CCME of the GMP as identified in the attached Staff Clarification (SC- 2012 -01). r_�r_VKWfVV Environmental Review: State and Federal environmental permitting for this project has been completed. Specifics of wetland impacts, listed species concerns, and mitigation requirements are contained within the attached permits. (FDEP ERP No: 11- 0129042 -002 and USACE SAJ -1997- 2362 (IP- HWB)). Stormwater Management Review: The existing stormwater management system for this project was permitted and issued by the Florida Department of Environmental Protection (FDEP). (See attached permit FDEP ERP No: 11- 0129042 -002) ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition on May 2, 2012. The recommendation of the EAC will be transmitted verbally to the Planning Commission. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for this petition. Page 3 of 5 STAFF RECOMMENDATION: Staff recommends approval of Special Treatment petition ST -PL- 2012 - 0000900 with no conditions. Attachments: Attachment 1: ST Application Attachment 2: EAC Staff Report Attachment 3: Memorandum of Understanding Attachment 4: Staff Clarification (SC- 2012 -01) Attachment 5: FDEP Environmental Resource Permit Attachment 6: USACOE Permit Attachment 7: Resolution Page 4 of 5 PREPARED BY: I — 4-s- _S f - I,) C.-',. ? UARCO DATE ENVIRONMENTAL SPECIALIST LAND DEVELOPMENT SERVICES DEPARTMENT F ISCHL, AICP DATE SENIOR PLANNER LAND DEVELOPMENT SERVICES DEPARTMENT REVIEWED BY: kAYM061D V. BELLOWS, ZONING MANAGER DATE LAND DEVELOPMENT SERVICES DEPARTMENT i�LLIAM D. LOR Z, JR., .E., DIRECTOR DATE LAND DEVELOPMENT SERVICES DEPARTMENT APPROVED BY: &&Zveo� c(. Z S'" 2o I L ICK CASALANGUIDA;"AVWNf9TRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the May 22, 2012, Board of County Commissioners meeting Page 5 of 5 EAC Draft motion for meeting on n May 2, 2012 Prepared by: David Durrell May 2, 2012 1. This draft is subject to approval of the Environmental Advisory Council. 2. Author reserves right to make final language changes before final submittal of meeting minutes to Environmental Advisory Council Staff Liaison. Chairman Hushon moved to recommend the Board of County Commissioners approve the Marco Island Executive Airport Expansion Special Treatment Permit — ST -PL- 2012 -0900 subject to the following conditions: 1. The Conservation Easement (required in #5 of the September 11, 2001 MOU) and Vegetation Management Program (required in #2 of the September 11, 2001 MOU) are to be prepared within 3 months and adopted/approved within 6 months (of issuance of the permit). 2. Upon development of a draft "Vegetation Management Program, "the necessary parties are to begin operating under the auspices of the proposed Program. 3. Said Conservation Easement to be "recorded." 4. All signatories or their successors (The Conservancy of Southwest Florida, The National Audubon Society, The Florida Audubon Society, The Environmental Defense Fund, Izaak Walton League - Florida Division, The Florida Department of Environmental Protection, The South Florida Water Management District, The Florida Department of Community Affairs, The Deltona Corporation and Collier County) to be notified of the process (for developing the Vegetation Management Program) and given an opportunity to participate in an information/agreement meeting. Second by Mr. Sorrell. Carried unanimously S — 0. I y , �1 4) H 4� a J ce a W V Z H / O m Q. 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