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HEX Backup Documents 01/22/2015
COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS JANUARY 22, 2015 Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JANUARY 22, 2015 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF - ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: December 11, 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. CUR — PL20140000808 — Maple Leaf Learning, LLC requests a Conditional Use Re- Review of the conditions of approval attached to Resolution No. 79 -97, which established a conditional use, formerly known as a provisional use, for a child care center in a RMF -6 zoning district, formerly a RM -IA zone, to increase the maximum number of children allowed in the child care center from 25 children to 60 children, and to add new conditions of approval, for Lot 6, Block 195, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] B. PETITION NO. CU- PL20140000921 — Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. requests a Conditional Use to allow a church within a Agricultural (A) zoning district pursuant to Section 2.03.0l.A.l.c.7 of the Collier County Land Development Code for property located on the south side of Tamiami Trail East, one quarter mile east of Manatee Road, in Section 11, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] G =0 1114' ily_l ►M3 6. ADJOURN CUR- PL20140000808 1/22/15 Maple Leaf Learning Teresa L. Cannon From: Sawyer, Michael Sent: Friday, December 19, 2014 2:57 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; 'MorganTrish'; Neet, Virginia; Rodriguez, Wanda; Stone, Scott Subject: 2x3 Ad Map NDN Ad HEX 1- 22 -15' Attachments: CURPL14808(2x3).pdf; NDN Ad HEX 1- 22- 15'.rtf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks much, Michael 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 Under Florida Law. e-mail addresses are public, records. If you do not want your e. mail address released in response to a pubiic records request. do not send electronic ir-.ail to this entity. instead. contact this office by telephone or in writing. 1 December 19, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 2, 2015, and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, 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: PLANNING & ZONING Zoning Services Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 22nd, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FI 34104, to consider: PETITION NO. CUR — PL20140000808 — Maple Leaf Learning, LLC requests a Conditional Use Re- Review of the conditions of approval attached to Resolution No. 79 -97, which established a conditional use, formerly known as a provisional use, for a child care center in a RMF -6 zoning district, formerly a RM -1A zone, to increase the maximum number of children allowed in the child care center from 25 children to 60 children, and to add new conditions of approval, for Lot 6, Block 195, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida SANTA ARBARA B \ \ �@ �| z /( \§ ) § k! 2 0 ) ® m z r e_�e � 9, �2 ) Teresa L. Cannon From: Rodriguez, Wanda Sent: Friday, December 19, 2014 3:04 PM To: Minutes and Records Cc: Sawyer, Michael; Stone, Scott; Neet, Virginia Subject: FW: 2x3 Ad Map NDN Ad HEX 1- 22 -15' Attachments: CURPL14808(2x3).pdf; NDN Ad HEX 1- 22- 15'.rtf The title conforms to the most recent one approved by our office, and the ad run date is correct. OK to proceed. Please copy Scott Stone and Dinny Neet on the ad proof when it comes in, for approval in my absence. Thanks, -Wanda Aodrtguez, -ACP Advanced Cert f ied 2'aralegal Ofjtce of the County _:attorney (139) 252 -8400 From: SawyerMichael Sent: Friday, December 19, 2014 2:57 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'MorganTrish'; NeetVirginia; RodriguezWanda; StoneScott Subject: 2x3 Ad Map NDN Ad HEX 1- 22 -15' Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks much, Michael 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 1 Acct #076397 December 19, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CUR- PL20140000808, Maple Leaf Learning (Display Ad) Dear Legals: Please advertise the above referenced notice on Friday, January 2, 2014 and send duplicate Affidavits of Publication, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500154426 December 19, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 2, 2015, and furnish proof of publication to the attention of Minutes & Records Department, 3200 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, 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: PLANNING & ZONING Zoning Services Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 22nd, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. CUR — PL20140000808 — Maple Leaf Learning, LLC requests a Conditional Use Re- Review of the conditions of approval attached to Resolution No. 79 -97, which established a conditional use, formerly known as a provisional use, for a child care center in a RMF -6 zoning district, formerly a RM -1A zone, to increase the maximum number of children allowed in the child care center from 25 children to 60 children, and to add new conditions of approval, for Lot 6, Block 195, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 9 SANTA BOULEVARD BARA § / r «| § ! |7 i| Fn ; m \ : %\ r k! / 0 ° ) ® m k m � _ q m z2 !§ b § Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, December 19, 2014 3:33 PM To: Naples Daily News Legals Subject: CUR- PL20140000808 Display Ad w /Map Attachments: CUR- PL20140000808 (HEX).doc; CUR- PL20140000808 (HEX).doc; CUR- PL20140000808 (HEX).pdf Legals, Please advertise the attached Display Ad w /Map on Friday, January 2, 2015. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 -252 -8411 239 -252 -8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Tuesday, December 23, 2014 1:10 PM To: Teresa L. Cannon Subject: #23123916 CC HEX (Maple Leaf) Proof.010215 Attachments: NDN23123916.CC HEX (Maple Leaf).010215.pdf Importance: High Hi Teresa! Please provide approval ASAP for publication on 01.02.15. Thank you!! Carol Carol Polidora I Legal Advertising Specialist :239- 213 -6061 F: 239 - 325 -1251 E: cpolidoratccD- NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NapkmNewscom PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 22nd, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. CUR — PL20140000808 — Maple Leaf Learning, LLC requests a Conditional Use Re- Review of the conditions of approval attached to Resolution No. 79 -97, which established a conditional use, formerly known as a provisional use, for a child care center in a RMF -6 zoning district, formerly a RM -1A zone, to increase the maximum number of children allowed in the child care center from 25 children to 60 children, and to add new conditions of approval, for Lot 6, Block 195, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. GREEN BLVD. PUD GREEN BLVD. PUD GOLDEN GATE 21 CI 22 PROJECT 23 - FOODMART LOCATION 7 GOLDEN GATE FOUNDERS 'ALLA5 WDEN GATE PARKWAY (C.R..6) GOLDEN GATE ESTATES ASHLEY'S UNIT 2B RMCE TATION 27 m m 26 ERS ¢ w PARKWAY CENTER All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.23123916 January 2015 Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, December 23, 2014 2:07 PM To: Neet, Virginia; Sawyer, Michael Subject: FW: #23123916 CC HEX (Maple Leaf) Proof.010215 Attachments: NDN23123916.CC HEX (Maple Leaf .010215.pdf Importance: High Hex ad, Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa.Cannon@colliercierk.com From: Polidora, Carol [ mailto :cpolidora(a)naplesnews.com] Sent: Tuesday, December 23, 2014 1:10 PM To: Teresa L. Cannon Subject: #23123916 CC HEX (Maple Leaf) Proof.010215 Importance: High Hi Teresa! Please provide approval ASAP for publication on 01.02.15. Thank you!! Carol Carol Polidora I Legal Advertising Specialist C1 :239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(a)NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Battill flews Napleshlevmcom 1 Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, December 23, 2014 2:22 PM To: Stone, Scott Subject: FW: #23123916 CC HEX (Maple Leaf) Proof.010215 Attachments: NDN23123916.CC HEX (Maple Leaf).010215.pdf Importance: High Hi Scott, Wanda asked if I could forward you the proof for the Maple Leaf Hex ad to you for approval while she is out. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239- 252 -8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [ mailto :cpolidoraC&napiesnews.com] Sent: Tuesday, December 23, 2014 1:10 PM To: Teresa L. Cannon Subject: #23123916 CC HEX (Maple Leaf) Proof.010215 Importance: High Hi Teresa! Please provide approval ASAP for publication on 01.02.15. Thank you!! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpol idora(a-Naples News. com A: 1100 Immokalee Road I Naples, FL 34110 NapkmNewscom Teresa L. Cannon From: Sawyer, Michael Sent: Tuesday, December 23, 2014 2:12 PM To: Teresa L. Cannon; Neet, Virginia Cc: Stone, Scott Subject: FW: #23123916 CC HEX (Maple Leaf) Proof.010215 Attachments: NDN23123916.CC HEX (Maple Leaf).010215.pdf; ATT00001.txt Importance: High Ad looks good to go. Thanks, and have an excellent holiday! Michael 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: Teresa L. Cannon [mailto: Teresa .CannonCa)collierclerk.com] Sent: Tuesday, December 23, 2014 2:07 PM To: NeetVirginia; SawyerMichael Subject: FW: #23123916 CC HEX (Maple Leaf) Proof.010215 Importance: High Hex ad, Please review Teresa L. Cannon, 6MR Senior Clerk Minutes and Records Department 239- 252 -8411 239- 252 -8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [ mailto:Wolidora @naplesnews.com] Sent: Tuesday, December 23, 2014 1:10 PM To: Teresa L. Cannon Subject: #23123916 CC HEX (Maple Leaf) Proof.010215 Importance: High Hi Teresa! Please provide approval ASAP for publication on 01.02.15. Teresa L. Cannon From: Stone, Scott Sent: Tuesday, December 23, 2014 2:56 PM To: Teresa L. Cannon Subject: RE: #23123916 CC HEX (Maple Leaf) Proof.010215 Hi Teresa, the ad looks good. Thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252 -5740 From: Teresa L. Cannon [ ma ilto:Teresa.Ca n non (abcoll ierclerk.com] Sent: Tuesday, December 23, 2014 2:22 PM To: StoneScott Subject: FW: #23123916 CC HEX (Maple Leaf) Proof.010215 Importance: High Hi Scott, Wanda asked if I could forward you the proof for the Maple Leaf Hex ad to you for approval while she is out. Thanks Teresa L. Cannon, BR Senior Clerk Minutes and Records Department 239 - 252 -8411 239- 252 -8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [ mailto :cpolidora(a)naplesnews.com] Sent: Tuesday, December 23, 2014 1:10 PM To: Teresa L. Cannon Subject: #23123916 CC HEX (Maple Leaf) Proof.010215 Importance: High Hi Teresa! Please provide approval ASAP for publication on 01.02.15. Thank you!! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(- NaplesNews.com A: 1100 Immokalee Road I Naples, FL NapllesNews-corn Teresa L. Cannon To: Polidora, Carol Subject: RE: #23123916 CC HEX (Maple Leaf) Proof.010215 Looks good, ok to run. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Connon@colliercierk.com From: Polidora, Carol [ mailto :cpolidora(a)naplesnews.com] Sent: Tuesday, December 23, 2014 1:10 PM To: Teresa L. Cannon Subject: #23123916 CC HEX (Maple Leaf) Proof.010215 Importance: High Hi Teresa! Please provide approval ASAP for publication on 01.02.15. Thank you!! Carol Carol Polidora I Legal Advertising Specialist 0 :239- 213 -6061 F: 239 - 325 -1251 E: cpol idora(cD- Naples News. com A: 1100 Immokalee Road I Naples, FL 34110 NapWsNews,com Teresa L. Cannon From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Tuesday, December 23, 2014 4:11 PM To: Teresa L. Cannon Subject: RE: #23123916 CC HEX (Maple Leaf) Proof.010215 Thanks! Released... Carol Polidora I Legal Advertising Specialist 0 :239- 213 -6061 F: 239 - 325 -1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 ttP CO tttl rlus Napktshlewsxorn From: Teresa L. Cannon [mailto: Teresa .Cannonca)collierclerk.com] Sent: Tuesday, December 23, 2014 3:34 PM To: Polidora, Carol Subject: RE: #23123916 CC HEX (Maple Leaf) Proof.010215 Looks good, ok to run. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [ mailto :cpolidora(aDnapiesnews.com] Sent: Tuesday, December 23, 2014 1:10 PM To: Teresa L. Cannon Subject: #23123916 CC HEX (Maple Leaf) Proof.010215 Importance: High Hi Teresa! Please provide approval ASAP for publication on 01.02.15. Thank you!! Carol Carol Polidora I Legal Advertising Specialist 0 :239- 213 -6061 F: 239 - 325 -1251 E: cpolidoraCcDNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 ap r61"0 ttil `iius Naplashlewszom NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati State of Florida Counties of Collier and Lee Before the undersigned they serve as tl appeared Daniel McDermott, who on c Inside Sales Manager of the Naples Dal' newspaper published at Naples, in Coll distributed in Collier and Lee counties attached copy of the advertising, being PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time on January 2, 2015. Affiant further says that the said Naple published at Naples, in said Collier Coui newspaper has heretofore been continuo County, Florida; distributed in Collier at each day and has been entered as second office in Naples, in said Collier County, year next preceding the first publication advertisement; and affiant further says th promised any person, firm or corporatior commission or refund for the purpose of publication in the said newspaper. (Signature of affiant) Sworn to and subscribed before me This 9'h day of January, 2015 (Signature of notary public) NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 22nd, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. CUR — PL20140000808 — Maple Leaf Learning, LLC requests a Conditional Use Re- Review of the conditions of approval attached to Resolution No. 79 -97, which established a conditional use, formerly known as a provisional use, for a child care center in a RMF -6 zoning district, formerly a RM -1A zone, to increase the maximum number of children allowed in the child care center from 25 children to 60 children, and to add new conditions of approval, for Lot 6, Block 195, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. All interes ted parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No. 23123916 January 2. 2015 GREEN BLVD. PUD GREEN BLVD. PUD GOLDEN Q¢ GATE <m 21 CI PROJECT za 22 LOCATION 7- FOODMART GOLDEN GATE FOUNDERS ALLAS GOLDEN GATE (CR. GOLDEN GATE ESTATES 7P,11111-Al ASHLEY$ UNIT 28 ER,_ p TATION w XJACARANDA j 27 m m 26 DERS A W p PARKWAY U CENTER All interes ted parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No. 23123916 January 2. 2015 AGENDA ITEM 4A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING: JANUARY 22, 2015 SUBJECT: PETITION CUR- PL20140000808, CHILDRENS HOUSE PROPERTY OWNER/AGENT: Owner: Maple Leaf Learning, LLC. Anita Medic, Manager 4353 Robin Avenue Naples, F1 34104 REQUESTED ACTION: Agent: Michael R. Fernandez, RA, AICP, Planning Development, Inc. 145 Central Avenue Naples, F134102 To have the Collier County Hearing Examiner (HEX) consider an application for a Conditional Use Re- review pursuant to the provisions of Land Development Code (LDC) Section 10.08.00.G.4 and Administrative Code Chapter C.3. The applicant is requesting a re- review of condition 6 of Resolution 79 -97. Please note that Resolution 79 -97 was done as a Provisional Use process which is now known and governed under the current Conditional Use process. GEOGRAPHIC LOCATION: The subject parcel is located at 2310 Hunter Boulevard, Naples, Fl, in Section 21, Township 49 South, Range 26 East, Folio Number 36312120008. (See location map on the following page) CUR- PL20140000808 Page 1 of 6 Children's House, Conditional Use Re- review December 23, 2014 (revised: 12- 29 -14', 1- 8 -15') I EXHIBIT a �� LOCATION MAP aua�x mn ss °s ►s �s�`s,,s�s�s oss xe�• �� ,e ,e u u m9 a� �.nu awv. win RO ltl N GOLDEN eR• RiR N GATE �� Wxt r cli y n PROJECT LOCATION am������ Mom aYO �o�eR� cm :1 a m� am se�eee���e� : ©� m m©' m m sedeeeeee ©� > a m > mm m ■ORMANea® eeeeese �� ra � eM•e• amp I •rte v wn LOCATION MAP PETITION N CUR -PL -2014 -806 ZONING MAP ss °s ►s �s�`s,,s�s�s oss °s, ° ©o s am������ cm m= map -� m m� am se�eee���e� : ©� m m©' m m sedeeeeee ©� > a m > mm m ■ORMANea® eeeeese eeseseen! eewl: no ■aeon PETITION N CUR -PL -2014 -806 ZONING MAP PURPOSE/DESCRIPTION OF THE REOUEST: As noted above the petitioner is applying for a Conditional Use Re- review as provided for in LDC Section 10.08.00.G.4 and the Administrative Code Chapter C.3. Specifically the applicant is requesting a re- review of Conditional Use Resolution 79 -97 on the subject parcel, specifically a re- review of condition 6 which limits the number of students at this child care facility to 25 students. The requested re- review is to consider an increase in the number of students from the current 25 students to a proposed total of 60 students. The applicant notes that the previous owner of the facility acquired the adjacent parcel (lot 5) in 1998 and the two parcels where combined under a single folio number. Staff notes however that this re- review request is limited to the original 0.23 acre parcel (lot 6) only, consistent with the current or original Resolution- 79 -97. The applicant indicates that the additional parcel area does not support any structures. According to the application this request represents an effort to bring the conditional use for this facility into accordance with Florida State jurisdictional agencies overseeing this type of subsidized child care facility. The applicant notes that the agencies increased the number of students allowed at this location to 45 students in 1985 and again increased that number to 60 students served/allowed in 2011. Further the applicant indicates that this is the only facility that accepts governmental subsidized child care through Florida States Voluntary Pre - Kindergarten (VPK -4YR OLDS) program known in Collier County. The applicant indicates that the current owner was unaware of the inconsistency between the Florida State agencies student allowances and condition 6 of the approved CU- 79 -97. Further the applicant has indicated that the facility has been in continuous operation since 1979 in harmony with the neighborhood in a responsible and safe manner. CUR- PL20140000808 Page 3 of 6 Children's House, Conditional Use Re- review December 23, 2014 (revised: 12- 29 -14', 1- 8 -15') GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Golden Gate Mixed Use District, Urban Residential Subdistrict, as depicted on the Golden Gate Area Master Plan Future Land Use Map. The Urban Designation will accommodate future non- residential uses including child care centers. Based on the above analysis, staff finds the above to be consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element (TE): The Traffic Impact Statement (TIS) indicates 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). Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of the Collier County Codes of Laws and Ordinances. ANALYSIS: Before any conditional use can be approved a determination must be made if the petition meets the following provisions, finding that: 1) granting approval of the conditional use will not adversely affect the public interest; 2) all specific requirements for the individual conditional use are met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As noted above, this petition is consistent with the applicable provisions of the FLUE, the Transportation Element and the CCME Element; therefore the petition is consistent with the overall GMP. The proposal may also be found consistent with all of the applicable provisions of the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The current facility has been in continuous operation since 1979 and according to the information provided to staff has operated in harmony with the neighborhood in a responsible and safe manner. With regard to traffic on public right -of -ways, Transportation Planning staff indicates that they have reviewed this petition and CUR- PL20140000808 Page 4 of 6 Children's House, Conditional Use Re- review December 23, 2014 (revised: 12- 29 -14', 1- 8 -15') determined that there are no outstanding issues concerning vehicular access and traffic control. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As noted above and in the application the current facility has been in continuous operation since. Staff is not aware of any neighborhood issues related to noise, glare, economic or odor effects. This facility appears to be operating in harmony with the surrounding neighborhood. 4. Compatibility with adjacent properties and other property in the district. As previously noted the site is adjacent to residential lands all of which are developed parcels. Staff believes that the current facility is compatible with the adjacent properties and other properties within the district. Staff therefore believes that the proposed Conditional Use Re- review to allow 60 students can be deemed compatible with the neighboring properties. NEIGHBORHOOD INFORMATION MEETING (NIM): NIM's are not required under the procedural manual of the Administrative Code Chapter C.3 which outlines the requirements for Conditional Use Re- review petitions. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CUR- PL201400000808. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CUR - PL20140000808, subject to the following conditions: Staff Recommended Condition of Approval: 1. Any expansion of the Child Care use on the adjacent parcel (lot 5) will require a new Conditional Use; expansion includes but is not limited to increases in building area(s) and/or any additional site features that serve the principal child care use or any accessory use in support of the child care use. Further, proposed condition 7 should not be made part of this re- review as it includes conditions outside of the original parcel limits. Attachments: A. Application. CUR- PL20140000808 Page 5 of 6 Children's House, Conditional Use Re- review December 23, 2014 (revised: 12- 29 -14', 1- 8 -15') ARED BY: EL SAWN ING AND REVIEWED BY: PROJECT MANAGER JNG DEPARTMENT RAYMO V. ELLOWS, ZONING MANAGER PLANN G AND ZONING DEPARTMENT MICHAEL BOSI, AICP, DIRECTOR PLANNING AND ZONING DEPARTMENT CUR- PL20140000808 Page 6 of 6 Children's House, Conditional Use Re- review December 23, 2014 (revised:) 12.23 . I + DATE DATE (2- 3t -I�f DATE i PLANNING DEVELOPMENT INCORPORATED Children's House Conditional Use Re- Review FROM: Michael R. Fernandez, AICP RA SUBJECT: Children's House — Conditional Use Re- Review: LETTER DESCRIBING REQUEST DATE: March 14, 2014 / amended July 23, 2014 / rev per Staff September 9, 2014 This is a request to re- review and consider a change in one stipulation ( #6) of the 1979 Provisional Use (now known as a Conditional Use — Resolution 79 -97, Book 047, Pages 113 -116); to adjust the limitation of 25 children to 60 children consistent with the facility's State approved intensity of 60 children. The Use was approved subject to six (6) stipulations / conditions listed in italics as follows with applicant notes in red text: 1. Public water required. a. Owners have advised and Staff confirmed that the property is served by a public water service. Page lot 5 145 Central Avenue, Naples: Florida 34102 mfernandezdbolanningdeveloomentinc com Phone 239.263.6934 Fax 877.263.0535 Development Consulting and Plannino Architecture Engineenno Architectu Landscape re State of Flonda Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LC0000378 2. Detailed site drainage plans be submitted to and approved by the County Engineer prior to the issuance of a building permit. a See submitted existing conditions boundary survey for site plan. b. The Owner is not possession of a building permit site plan and none was found by Staff's review of County Records. The building was permitted and built subsequent (in 1980 per County Records) to the approval of the Provisional Use in 1979 and it is assumed it was in compliance with this stipulation at the time of development. c. Staff has advised that there is no need for additional water management if the improvements required / proposed do not add impervious area. Anticipated improvement do not include impervious area which would warrant additional water management. Driveway must be 20' x 24' wide with one -way traffic. a. Compliant, see survey / site plan exhibit. 4. Future signs must be approved by the Zoning Director. a. This is generally interpreted to mean the applicable LDC standards and application for signage process and is acknowledged by the applicant /owner. n 5. Hours will be from 7:00 am to 6:00 pm. a Acknowledged; use in compliance 6. Children will be limited to 25. The Owner /applicant has been operating at up to 60 children consistent with the facility's existing state approval (attached in support document) This standard is requested to be modified to be consistent with State approved intensity. See proposal which follows: Patze 2 off 145 Central Avenue, Naples, Florida 34162 mfernandez *planningdeveloomentinc.com Phone 239.263.6934 Fax 877.2630535 Development Consulting and Planning Architecture Engineering Landscape ^, Architecture State of Florida Corporate Certification of .Authorization No's: AA26002158 CA No. 8450 License No. LC0000378 BASE CONSIDERATION RELATIVE TO THE PROPOSAL: 1. The subject land use was approved in 1979 and has been in continuous operation since that time and has operated in harmony with the neighborhood and done so in responsible and safe manner. a. The Owners /Applicant have operated the facility for 27 years (since 1987) and there are no known issues with its neighbors. b. The CU was issued to an original parcel of 0.23 acres in 1979. Subsequently, the owners acquired the adjacent 0.23 acre vacant parcel is 1998 and the two parcels of same acreage were combined under a singular folio number. The existing CU only covers the original 0.23 acre parcel. The additional parcel area does not support any structures. Copies of both deeds have been submitted as exhibits with the Application. 2. State jurisdictional agencies have found that the facility can support up to 60 children and have certified and approved the facility for a capacity of 60 children. 3. The County governing CU approved in 1979 for the site limited the child population to 25. n a. State issued its approval of the facility for 45 children in 1985 (attached) b. State increased its approval of the facility for 60 children in 2011 (attached). 4. This particular facility is the only local facility we are aware of which accepts governmental subsidy for and provides for certain governmental subsidized child care through the State's Voluntary Pre - Kindergarten (VPK -4YR OLDS) and its closing would be a significant loss to the community it serves. However, the owners review the viability of their participation annually relative to cost, subsidy and operation considerations. 5. The Owners were unaware of the zoning deficiency and voluntarily identified the zoning deficiency to the County and wish to seek an increase in the approved child population intensity from 25 to 60; which will match the applicable State approval. 6. The Children's House is seeking to remain open while seeking the increase. 145 Central Avenue, Naples, Florida 34102 Development Consulting and Planning Architecture State of Florida Corporate Certification of Authorization No's: LC0000378 mfernandezOolanninadeveloomentinc com Architecture AA26002158 Phone 239.263.6934 Engineering CA No. 8450 3 of 5 Fax 877.263.0535 Landscape License No 7. Given the above, the owners caused a scheduling of pre - application meetings for a revision to the existing CU and a SIP to explore and define options for the owners. The pre - application meeting was held April 29, 2014. 8. The process required to increase the approved intensity and associated required approvals will take time and financial resources and is a financial challenge. Concurrent processing of the all the anticipated applications required for compliance with County regulations would be a significant financial burden to the owners and a risk since the associated permit applications are only required if the application for CU Re- Review is successful. 9. After consideration of the above and the feedback received from Staff, the Assistance County Attorney and the HEX (County Hearing Examiner) at the pre - application meetings, the Conditional Use Re- Review process was proposed and is undertaken to amend the original conditions of approval. The proposed revision is as follows: Page 4 of 5 145 Central Avenue, Naples, Florida 34102 mfernandezOolanninadeveloomentinc com Phone 239.263.6934 Fax 677.263.0535 Development Consulting and Planning Architecture Engineering Landscape �� Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LC0000378 AMENDMENT TO ATTACHMENT A. CONDITIONS OF APPROVAL, ATTACHED TO RESOLUTION NO. 79 -97, WHICH ESTABLISH A PROVISIONAL USE FOR A CHILD CARE CENTER Attachment "A ", the Conditions of Approval attached to Resolution No. 79 -97, which establish a provisional use for a child care center, is hereby amended as follows: Public water required. Detailed site drainage plans be submitted and approved by the County Engineer prior to the issuance of a building permit. 3. Driveway must be 20' x 24' wide with on -way traffic. 4. Future signs must be approved by the Zoning Director. 5. Hours will be from 7:00 A.M. to 6:00 P.M. 6 GhildFen will be limited ` The maximum capacity of the child care facility will be limited to 60 children, the current maximum threshold certified by the n State. The Owner /Applicant is seeking approval of the increase subject to the following proposed additional CONDITIONS OF APPROVAL. 7. The applicant shall submit an application for a Site Plan with Deviations for Redevelopment and an associated application for Offsite Parking on the common ownership lot (vacant lot) within 60 days of approval of the CU Re- Review. Page 5 of 5 145 Central Avenue, Naples, Florida 34102 mfernandezgbolanni _nadeveloomentinc com Phone 239.263.6934 Fax 877.263 0535- Development Consulting and Planning Architecture Engineering Landscape /-N Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No LC0000378 CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX (239) 252 -6358 CONDITIONAL USE RE- REVIEW LDC section 10.08.00 & Code of Laws section 2 -83 — 2 -90 Ch. 3 C.3 of the Administrative Code Should the Hearing Examiner or the Board of County Commissioners approve a Conditional Use with stipulations, the Conditional Use shall be reviewed to determine whether the applicant has met the conditions of approval or whether additional /removal of the stipulations is necessary. The applicant must submit the required documents addressing the stipulations no later than 6 months prior to the date mandated by the Hearing Examiner or the Board of County Commissioners. PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED A CONDITIONAL USE RE- REVIEW TO BE HEARD BY THE BOARD OF ZONING APPEALS ;fA MINOR CONDITIONAL USE RE- REVIEW TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Owner: Maple Leaf Learning, LLC; Anita Medic, Manager Address: 4353 Robin Ave City: Naples State: FL Zip: 34104 Telephone: 239-263-6934 Cell: na Fax: na E -Mail Address: na Applicant /Agent: Michael R Fernandez, RA AICP / Planning Development Inc. Firm: Planning Development Inc Address: 145 Central Avenue City: Naples State: FL ZIP: 34102 Telephone: 239-263 -6934 Cell: na Fax: 877- 263 -0535 E -Mail Address: mfernandez @planningdevelopmentinc.com PROPERTY INFORMATION Property Address: 2310 Hunter Blvd. Naples FL 34116 CU Resolution #: PU -79 -8C (OR BK 047 page 114) Section /Township /Range 21 49 / 26 Folio #; 36312120008 10/18/2013 Page 1 of 2 it Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX (239) 252 -6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 C.3 of the Administrative Code for submittal requirements. This completed checklist is to be submitted with application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW k OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 8 ❑ Letter Describing Request 8 Necessary Documents to address stipulations 8 Pre- application meeting notes Completed Addressing checklist (no older than 6 months) Q Electronic copy of all documents 'Please advise: The Office of the Hearing Examiner requires all fAF materials to be submittal electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEEVQUIREMENTS: _ Conditional Use Re- Review Application: $750.00 y Estimated Legal Advertising Fee for the Office of the Hearing Examiner or BCC: $500.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Division /Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ,Ailplicant Signature Michael R. Fernandez, RA AICP / Authorized Agent Printed Name June 12, 2014 Date 10/1812013 Page 2 of 2 Prenared by and return to: ,John M. Wicker %ttornev at Law Costello, Royston & Wicker, P.A. 12670 New Brittany Boulevard Suite 101 Fort Ayers, FL 33907 File Number: 14 -1482 Parcel Identification No. 363121200)1)8 Space note This Line For 11 CUrdint'_ Dau l._ _ Warranty Deed tSTAT TORY FORM -SECTION 68401. F S) This Indenture made this 2�5 day of September, 2014, between Raymond A. Sepanski and Anna A. Sepanski, husband and wife, whose post office address is 2310 Hunter Boulevard, Naples, FL 34116 of the County of Collier. State of Florida. i+rantor *. and !Maple Leaf Learning, LLC, a Florida limited liability company, whose post office address is 4353 Robin Avenue. Naples, FL 34104 of the County of Collier. State of Florida. grantee *, Witnesseth that said grantor, liar and in consideration of the sum of TEN AND N011M DOLLARS t$I(1Mi and other _ood and valuable considerations to said grantor in hand paid by ,aid grantee. the receipt whereof is hereby acknowledged, has granted, bargained, and ,old to the said grantee, and ;grantee's heirs and assigms t2orever, the following described land, .ituate. lying and being in Collier County. Florida. to -wit: Lots 5 and 6. Block 195, Golden Gate Unit 6. in accordance with and subject to the plat recorded in Plat hook 5, Pages 124 through 134, inclusive, Public Records of Collier County, Florida. Subject to property taxes for 2014 and subsequent years: covenants, restrictions and public utility easements of record; existing zoning and governmental regulations. and said L *rant r does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons a homsoever. * "frantor" and "grantee" arc used ior;ingular nr plural, as context nyutres, In Witness Whereof. grantor has hereunto set grantor's hand and seal the day and year first above written. Sig sealed and delivered in our presence: ess Name: .L Wi es's Name: rl8lkj FMQ tSeal) Raymond epanski 4 • 1 lnna :V Sep4nskt 1 J DoubleTime,k- r***) State of Florida Cl runty if Lee I'he f0regoing instrument was acknoo,v lodged before me this _ day of September. 2014 by Raymond A. Sepanski and Anna A. Sepanski, tivho (_ ( are personally known or IX] have a driver's license as identification. (Notary Se �Vpubliclz •ue votary Public State of Florida `� Frances K Szymanski a yty Commission EEC98678 �°� _.pores 0611312(), 5 , Printed Name: Frances K. Szrna11W MY Commission Expires: 1 APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# G14000116927 Fictitious Name to be Registered: THE CHILDREN'S HOUSE LEARNING CENTER Mailing Address of Business: 2310 HUNTER BOULEVARD NAPLES, FL 34116 Florida County of Principal Place of Business: COLLIER FILED FEI Number: Secretary of of State Owner(s) of Fictitious Name: MAPLE LEAF LEARNING, LLC 4353 ROBIN AVENUE NAPLES, FL 34104 Florida Document Number: L14000146555 FEI Number: Applied for I the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined in Chapter 50, Florida Statutes, in the county where the principal place of business is located. I understand that the electronic signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s. 817.155, Florida Statutes. ANITA MEDIC, MANAGING MEMBER 11/20/2014 Electronic Signature(s) Date Certificate of Status Requested () Certified Copy Requested ( ) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) CHILDREN'S HOUSE CU RE- REVIEW {14- CPS -13 &0) 1, Anita Medic (print name), as Manager (title, if applicable) of (company, If a licable), swear or affirm under oath, that I am the (choose one) owner [:]contract purchasermand that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize MICHAEL FERNANDEZIPLANNING DEVELOPMENT INCto act as our /my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres, or v. Ares. • ff the applicant is a limited Liability Company (LL. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • ff the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • ff the applicant is a limited partnership, then the general partner must sign and be identified as the general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words `as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then, use the appropriate format for that ownership. Under penalties of perjury, 1 declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing`instrument was sworn to (or affirmed) and subscribed before me on 1- (date) by "TfC'A\CC (name of person providing oath or affirmation), as who is personally known to me or who has produced FL Q (type of identifica on) as identification. f; n STAMPISEAL Signature of No— tary Public E�P-q ! ETICIA MARQiIEZ ary P ublic - Stale of Florida Comm. Expires Feb 5, 2017 ommission �P EE 846170 CP108-COA- 001151155 REt' 3/24/14 /1-11 LETTER OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record of 0.46± acre property commonly known as Children's House located" at 2310 Hunter Boulevard, Naples, Florida 34116 with a Parcel No. 36312120008 and legally described as: Golden Gate Unit 6, Block 195, Lots 5 and 6, as recorded in the public records of Collier County, Florida. The property described herein is the subject of applications for development orders which may include but may not be limited to a Conditional Use Re- Review and Site Improvement Plan and associated and required applications and approvals from Collier County, SFWMD, FPL, and other applicable Utility Providers and Jurisdictional Agencies. We hereby designate _Punning DekmWment Incorporated I Michael R Fernandez. RA AICP as the legal representative of the property and as such, this entity l individual is authorized to legally bind all owners of the property in the course of seeking the desired approvals and related permits. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approvals for this property. This representative will remain the only entity authorize to seek development order approvals for the property until such time as a new or amended authorization is delivered to Collier County and or the applicable jurisdictional agency or utility entity. Owner (sgnature) Printed Name: Anita Medic, Manager STATE OF FLORIDA COUNTY OF COLLIER i Sworn to (or affirmed) and subscribed before me this C day of December, 2014, by Anita Medic, who is personally known to me or who has produced � {) as identification and who did (did not) take an oath. r =o� .`n's LETICIA MARl1UEZ N6 R6 Public (SEAL) ? ? Notary Public - State of Florida a� v My Comm. Expires Feb 0, 2017 Commission # EE 846170 ((dame typed, printed or stamped) mph 4 Electronic Articles of Organization L14000146555 FILED 8:00 AM Florida Limited Liabilit Company sect Of state ' 2014 Y p Y jshivers Article I The name of the Limited Liability Company is: MAPLE LEAF LEARNING, LLC Article II The street address of the principal office of the Limited Liability Company is: 2310 HUNTER BLVD NAPLES, FL. 34116 The mailing address of the Limited Liability Company is: 4353 ROBIN AVE NAPLES, FL. 34104 Article III Other provisions, if any: ANY AND ALL LAWFUL BUSINESS Pt IRPOSES Article IV The name and Florida street address of the registered agent is: THE LAW OFFICES OF MAGEN E. KELLAM, P.A. 3375 PINE RIDGE ROAD 207 NAPLES. FL. 34109 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate. I hereby accept the appointment as registered agent and agree to act in this capacivy. I further agree to comply «Jith the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: MAGEN E. KELL.aM Article V The name and address of person(s) authorized to manage LLC: Title: MGRM ANITA MEDIC 45 MAPLE DRIVE STONEY CREEK, ONTARIO CANADA, XY. L8G3L4 ,LN Article VI The effective date for this Limited Liability Company shall be: 09111 '2014 Signature of member or an authorized representati -ve Electronic Signature: ANITA MEDIC L14000146555 FILED 8:00 AM September 18, 2014 Sec. Of State jshivers I am the member or authorized representative submitting these Articles of Or anization and atfirnn that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in x.817.155, F.S. I understand the requirement to file an annual report between January 1st and May 1 st in the calendar year following formation of the LLC and every year thereafter to maintain "active" status. Detail by Entity Name Detail by Entity Name Florida Limited Liability Company MAPLE LEAF LEARNING, LLC Filing Information Document Number L14000146555 FEI /EIN Number NONE Date Filed 09/18/2014 State FL Status ACTIVE Effective Date 09/11/2014 Principal Address 2310 HUNTER BLVD NAPLES, FL 34116 Mailing Address 4353 ROBIN AVE NAPLES, FL 34104 Registered Agent Name & Address THE LAW OFFICES OF MAGEN E. KELLAM, P.A. 3375 PINE RIDGE ROAD 207 NAPLES, FL 34109 Authorized Person(s) Detail Name & Address Title MGRM MEDIC, ANITA 45 MAPLE DRIVE STONEY CREEK, ONTARIO CANADA, XX L8G3L -4 XX Annual Reports No Annual Reports Filed Document Images 09/18/2014 -- Florida Limited Liability I View image in PDF format Page I of 2 http: " search. sunbiz. org -lnquiryrCorporationSearch, SearchResultDetailiEntityNameltlal -L.. I Ii 10,2014 PETITION NO. CUR — PL20140000808 — Maple Leaf Learning, LLC I am representing several residents of the area and we are asking for a 120 day extension for hearing. Zoning- Commercial business in residential zone, SHOULD STOP HERE. Doesn't need to be an investigation. This should no longer be a conditional land use permit and they should be ordered to relocate. Permitting: Why ever allowed in the beginning in a residential zone? When and how permitted from 25 heads to 45? Notification of request- Who receives? All property owners in GG City? A few in the immediate area? Public Notification sign proper size and posted correctly. Safety: Hazard to emergency service access? Every day blocking the roadway, bicycle pathways and sidewalks, allows people /children to park/play on property after hours, blocking all right of ways, throwing rocks at cars going by. Traffic: Over traveled already. Has there been a road /auto count? When? Depreciation of Property Value: Fair Market Analysis should be conducted because intent to expand building in future if request is honored. If cost incurred should be the county or requester to pay for analysis. Sanitary: 60 children (and how many employees) in a small home with septic system, Monday through Friday? Garbage cans left out all weekend to scatter all over neighborhood, whether from the wind, animals or kids knocking over. Expansion- Once again, this is a business in a residential zone. Should never have been allowed whether 25 students or 60. Should never be allowed to expand and should have to relocate. 5 adjacent private sitters: With well over the capacity they're allowed in their duplex/homes and cars all over blocking the roadway, bicycle pathways and sidewalks. Code enforcement AND Commissioner Henning are well aware of this problem, yet never any fines imposed. Provide all reports, inspections, opinions before next hearing to all homeowners. This is reason for 120 day extension for hearing, we feel 30 days is extremely insufficient to consider Maple Leaf's request. Margaret Harris 2309 Hunter Blvd Naples, FL 34116 239 - 465 -7349 Franklin David Lee 2327 Hunter Blvd., Naples, FL 34116 - 305- 450 -8586 - thecoffeecan@hotmail.com January 19, 2015 COLLIER COUNTY HEARING EXAMINER Growth Management Division Building 2800 N. Horseshoe Dr. Room 610 Naples, FL Dear Sir: I am Franklin Lee and I am the owner and resident of 2327 Hunter Blvd., Naples, FL 34116. This letter is in response to: PETITION NO. CUR — PL20140000808 — Maple Leaf Learning, LLC requests a Conditional Use Re- Review of the conditions of approval attached to Resolution No. 79 -97, which established a conditional use, formerly known as a provisional use, for a child care center in a RMF -6 zoning district, formerly a RM -lA zone, to increase the maximum number of children allowed in the child care center from 25 children to 60 children, and to add new conditions of approval, for Lot 6, Block 195, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] The following are concerns as related to the above mentioned petition and the surrounding RESIDENTIAL neighborhood. 1. Traffic: There should be a traffic study. And the community should have public access to that study. A. Currently, for the shifts at that daycare, the lines of cars, on many occasions, reach all the way down to 24th, blocking the entrances of all of the homes on the east side of Hunter. B. Clients leaving the center make a U turn to go south on Hunter, increasing traffic in both directions. 2. Residential Zone: The "Conditional Use RE- REVIEW" of this variance is an indication that there will be future requests for even more expansion. The line has to be drawn somewhere, currently the daycare looks very much like the other residences around it, however with a capacity jump from 25 to 60 children, are there plans in the works for additional buildings. If this happens, that daycare will not look or feel like it is a part of our community. Please be reminded that this daycare is the ONLY business on Hunter Blvd. Maple Leaf Learing Center should not be allowed to intrude any further on the community. There should be an impact study of the effects of such a large business in a residential zone. QB \32585751.1 THE COLLIER COUNTY HEARING EXAMINER Page 2 3. Water & Sewage: As is evident by my own experience of having to obtain from the county, written documentation that city water /sewage hookup is not possible in our area of Hunter Blvd., there is a question of sanitation, septic tank and excessive water usage and water table levels. Additionally, it is inconceivable to think that 1 or 2 bathrooms for 60 children and staff is permitted by the county health department. Have there been sufficient inspections and does the existing center meet government requirements? 4. Property Value: An even more expanded business in this residential zone, means increased traffic, many additional people coming into our neighborhood, more noise, more trash in the streets. Currently, at the daycare, as many as 4 large trash cans are left out on the street from Friday COB to Monday morning. NO ONE in our neighborhood leaves their cans on the street for an entire weekend, except the daycare. Our street continues to have loose trash blowing around every Saturday and the daycare contributes to this problem. As recently has this past Friday, 1/16/15, trash cans were left out on the street at the daycare with the top OPEN. This all brings down property value. 5. Code Enforcement: Are there any reports of violations regarding this daycare and if so, please provide the community with these violations and their resolutions. In conclusion, I sincerely hope that the Collier County Government will take serious consideration of my concerns and those of other resident/owners on Hunter. My fear is that the County will grant this variance and in the very near future, another request comes forth asking to build another building. And then in the future another variance request and so on. I am near retirement age and will soon be at that point in my life, I don't want the hassle of negotiating around traffic, or noise of construction for six months to a year or having to pick up trash out of my yard. In light of the fact that "All are entitled to life, liberty and the pursuit of happiness. ", it is my hope that Collier Co. will consider this request and the impacts on my community as much as Collier Co. would consider a request of this kind in other more affluent areas of the county. Resident homeowners are few in our area, as most homes are renter occupied and I don't know of any absentee landlords who have expressed any concerns regarding this issue. But the few resident/homeowners who live near this daycare are very serious about what the next steps will be. Thank you for your consideration. Sincerely, Franklin Lee QB \32585751.1 NAPLES DAILY NEWS(( Friday, January 2, 2015 (( 19A PUBLIC N NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 22nd, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. CUR - PL20140000808 - Maple Leaf Learning, LLC requests a Conditional Use Re- Review of the conditions of approval attached to Resolution No. 79 -97, which established a conditional use, formerly known as a provisional use, for a child care center in a RMF -6 zoning district, formerly a RM -1A zone, to increase the maximum number of children allowed in the child care center from 25 children to 60 children, and to add new conditions of approval, for Lot 6, Block 195, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. All interested parties are inv ited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, EXHI Chief Hearing Examiner Collier County, Florida No.23123916 ______ ____. January 2. 2015 GREEN BLVD. PUD Sa GREEN BLVD. PUD Q; GOLDEN GATE mw C";0000,02 am 2, PROJECT z3 LOCATION 7- FOODMART •GOLDEN GATE FOUNDERS VILLAS OLDEN GATE PARKWAY (C.R. 886) ASHLEY'S GOLDEN GATE ESTATES UNIT 28 ERVICE STATION p W WARKWAY 27 m °� 26 DERS o! A w 0 PARKWAY U CENTER All interested parties are inv ited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, EXHI Chief Hearing Examiner Collier County, Florida No.23123916 ______ ____. January 2. 2015 CU-PL20140000921 1d2c^.I r Marco Is. Jehovah's Witness Teresa L. Cannon From: Reischl, Fred Sent: Monday, December 22, 2014 11:42 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: Ad Request East Naples Kingdom Hall CU-PL20140000921 Attachments: Hearing Notice - NDN.docx; Hearing Notice - NDN.pdf; CUPL14921(2x3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net C6d1/2er County 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 December 22, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 2, 2015,and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, 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 fol o i. on ALL invoi es: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 /42,,,,_ Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M.,on Thursday,January 22,2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104, to consider: PETITION NO. CU-PL20140000921 —Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. requests a Conditional Use to allow a church within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for property located on the south side of Tamiami Trail East, one quarter mile east of Manatee Road, in Section 11, Township 51 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida BOLq EVnao ' I --„ ._ u 1 1 o ill ka r� , IB iii A 1r z y11 ; A v /il , w ,ii -,, ■ ; z_i r. Acct #076397 December 22, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU-PL20140000921, Marco Island Congregation of Jehovah's Witness (Display Ad) Dear Legals: Please advertise the above referenced notice on Friday, January 2, 2014 and send duplicate Affidavits of Publication, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500154426 December 22, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 2, 2015, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, 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: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 22, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104,to consider: PETITION NO. CU-PL20140000921 — Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. requests a Conditional Use to allow a church within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for property located on the south side of Tamiami Trail East, one quarter mile east of Manatee Road, in Section 11, Township 51 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida COILER BOULEVMO 01 (R 651) H�,. r" 1 1 1is 1 it y ^ Pi ire ip _ Al r 11 44 I /II /5/ Ril 5 ei 112 52 Z _1 Teresa L. Cannon From: Teresa L. Cannon Sent: Monday, December 22, 2014 12:11 PM To: Naples Daily News Legals Subject: CU-PL20140000921, Marco Is. Congregation of Jehovah's Witness Attachments: CU-PL20140000921 (HEX).doc; CU-PL20140000921 (HEX).doc; CU-PL20140000921 (HEX).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,January 2, 2015. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@col l i erclerk.cam 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Tuesday, December 23, 2014 1:01 PM To: Teresa L. Cannon Subject: #231123918 - CC HEX - Marco Island Proof.010215 Attachments: NDN231123918.CCHEX - Marco Island.010215.pdf Importance: High Teresa, Please provide approval ASAP for publication on 01.02.15. Thank you Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidorac NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples . atilt :intIS NaPlesNemes. m 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 22, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO.CU-PL20140000921—Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. requests a Conditional Use to allow a church within a Agricultural (A)zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for property located on the south side of Tamiami Trail East, one quarter mile east of Manatee Road, in Section 11, Township 51 South, Range 26 East, Collier County, Florida. BRS NSlOXRC !ft*W 'romp Si 3 NAPLES RESERVE EAGLE 44, 1 6 Pa11rt t PROJECT LOCATION >W>W>W3 TA'11 o 10 11 Ns:PARADSE mE J RS C1R�fF ES DOER LANES DOCALICS CREEP Q COPPER PELICAN VANE PRESERVE 15 { 13 6 MARCO SHORES .EWE CREEK qN) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.23113918 January 2.2015 Teresa L. Cannon To: NeetVirginia (VirginiaNeet @colliergov.net); Reischl, Fred (FredReischl @colliergov.net) Subject: FW: #231123918 - CC HEX - Marco Island Proof.010215 Attachments: NDN231123918.CCHEX - Marco Island.010215.pdf Importance: High HEX Ad, please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora@ naplesnews.com] Sent: Tuesday, December 23, 2014 1:01 PM To: Teresa L. Cannon Subject: #231123918 - CC HEX - Marco Island Proof.010215 Importance: High Teresa, Please provide approval ASAP for publication on 01.02.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: crolidoraa,NaplesNews.com A: 1100 lmmokalee Road I Naples, FL 34110 `arcs;11111i ` lliq NaptesNews 3m 1 Teresa L. Cannon From: Reischl, Fred Sent: Tuesday, December 23, 2014 2:07 PM To: Teresa L. Cannon; Neet, Virginia Subject: RE: #231123918 - CC HEX - Marco Island Proof.010215 OK by me... From: Teresa L. Cannon [mailto:Teresa.Cannon(acollierclerk.com] Sent: Tuesday, December 23, 2014 2:06 PM To: NeetVirginia; ReischlFred Subject: FW: #231123918 - CC HEX - Marco Island Proof.010215 Importance: High HEX Ad, please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora@ naplesnews.com] Sent: Tuesday, December 23, 2014 1:01 PM To: Teresa L. Cannon Subject: #231123918 - CC HEX - Marco Island Proof.010215 Importance: High Teresa, Please provide approval ASAP for publication on 01.02.15. Thank you Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road J Naples, FL 34110 C: News Ne corn Under Florida Law.a-mail addresses are public records if you do not want your eurmail 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 Teresa L. Cannon From: Neet, Virginia Sent: Wednesday, December 24, 2014 7:57 AM To: Teresa L. Cannon Subject: FW: #231123918 - CC HEX - Marco Island Proof.010215 Approved From: AshtonHeidi Sent: Tuesday, December 23, 2014 4:51 PM To: NeetVirginia Subject: RE: #231123918 - CC HEX - Marco Island Proof.010215 Yes! // 'A'%LbK- %E Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: NeetVirginia Sent: Tuesday, December 23, 2014 4:50 PM To: AshtonHeidi Subject: RE: #231123918 - CC HEX - Marco Island Proof.010215 Ad is good then? From: AshtonHeidi Sent: Tuesday, December 23, 2014 4:32 PM To: NeetVirginia Cc: StoneScott Subject: FW: #231123918 - CC HEX - Marco Island Proof.010215 Importance: High Dinny, The title is approved. /4i4 4 44w-0,A Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 1 Teresa L. Cannon To: Naples Daily News Legals Subject: FW:#231123918 - CC HEX - Marco Island Proof.010215 See below for ad approval to run! Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Teresa L. Cannon Sent: Wednesday, December 24, 2014 8:02 AM To: 'Polidora, Carol' Subject: RE: #231123918 - CC HEX - Marco Island Proof.010215 Looks good, ok to run! Thanks Merry Christmas and Happy New Year!! Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora©naplesnews.com] Sent: Tuesday, December 23, 2014 1:01 PM To: Teresa L. Cannon Subject: #231123918 - CC HEX - Marco Island Proof.010215 Importance: High Teresa, Please provide approval ASAP for publication on 01.02.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County NAPLES DAILY NEWS Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 22, 2015, Published Daily in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Naples,FL 34110 Room 609/610, Naples, FL 34104, to consider: Affidavit of Publication PETITION NO.CU-PL20140000921 -Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. requests a Conditional Use to allow a church State of Florida within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for property located on the south Counties of Collier and Lee side of Tamiami Trail East, one quarter mile east of Manatee Road, in Section 11, Township 51 South, Range 26 East, Collier County, Florida. Before the undersigned they serve as the ail EAw„� ott,who on oath ` °„, „o„� appeared Daniel McDerm k i Tar NAPLES RESERVE er of the Naples Daily CRS ' 2 , G Inside Sales Manager �� newspaper published at Naples,in Collier E_ ,-„,, „mss �.' ' I PROJECT distributed in Collier and Lee counties of 1--mc.... �` LOCATION dis a being a RESORT v attached copy of the advertising, g q a I. LANES' . z.nn,SE o R ASCU BUSRIESS RV RSi PUBLICTOTTCE cm.a NAPLES 1 lv 1 1 o SILVER LAKES ........../ ` ESTATES f1CCLEA'Ss'CREE, �.` NOTICE COPPER PUBLIC NO P"`"" E PR� v in the matter of PUB was published in said newspaper 1 time i 15 14 NAACO SHG ESDRIX�=CREEK e on January 2, 2015. All interested parties are invited to appear and be heard. All materials used Affiant further says that the said Naple• in presentation before the Hearing Examiner will become a permanent part of the record. published at Naples, in said Collier Cou newspaper has heretofore been continuo Copies of the staff report are available one week prior to the hearing. The file County,Florida; distributed in Collier a can be reviewed at the Collier County Growth Management Division, 2800 each day and has been entered as second North Horseshoe Drive, Naples, FL. office in Naples, in said Collier County,' year next preceding the first publication The Hearing id Examiner's decision becomes final on the date rendered. If a erson dec es to appeal any dec ionomadeby the Collier County Hearing advertisement; and affiant further says t1 Examiner with respect to any matter considered at such meeting or hearing, promised any person, firm or corporatio he will need a record of that proceeding, and for such purpose he may need commission or refund for the purpose o to ensure that a verbatim record of the proceedings is made, which record publication in the said newspaper. includes the testimony and evidence upon which the appeal is to be based. 7 �j �.._ /may/ 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 ffi (Signature of affiant) provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the Sworn to and subscribed before me meeting. This 9th day of January, 2015 Mark Strain, 41111 Chief Hearing Examiner /�� - Collier County, Florida (Signature of notary public) J No.23113918 _ January 2,2015 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez,ACP DATE: January 23, 2015 RE: Hearing Examiner Decision(s) from January 22, 2015. Attached is the signed HEX decision from the Hearing Examiner hearing on January:4, 2015. Attachment: HEX No. 2015 - 02 [05-C0A-01253/813782/11744 HEX NO. 2015—02 HEARING EXAMINER DECISION PETITION NO. CU-PL20140000921 —Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. requests a Conditional Use to allow a church within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for property located on the south side of Tamiami Trail East, one quarter mile east of Manatee Road, in Section 11, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: January 22, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.08.00 D of the Land Development Code has been met and the petition should be approved. ANALYSIS: Staff report mistakenly referenced the worship hall as approximately 10,000 square feet. The applicant and staff acknowledged that the facility requested is 4,556 square feet. No members of the public were present to speak in opposition. One email was received in opposition that mistakenly believed this application was for land within the adjoining Fiddler's Creek Planned Unit Development (PUD). The application is adjacent to, but not part of any PUD. DECISION: Petition Number CU-PL20140000921, filed by H.L. Bennett & Associates, Inc. representing Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc., with respect to the property hereinafter described in Exhibit "A", is hereby approved for a Conditional Use for a church within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B", and subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—legal description Exhibit B—Conceptual Site Plan [14-CPS-01322/842913/1]3 1 oft LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: The approval of this conditional use is subject to the following condition(s): 1. Day care uses are prohibited. 2. No outdoor amplified sound is permitted, except for events which have a special event permit. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS,MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. I - 22-20( S ell Date Mark Strain, Hearing Examiner Approved as to fo and legality: 'Ldp at, H di Ashton-Cicko Managing Assistant County Attorney [14-CPS-01322/842913/1]3 2 of 2 ' I i } EXHIBIT-"A" DESCRIPTION (O.R.B, 1542, PAGE 1517) BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF SECTION 11, TOWNSHIP 51S, RANGE 26E, COLLIER COUNTY, FLORIDA AND THE SOUTHERN BOUNDARY OF THE RIGHT-OF--WAY OF U.S. HIGHWAY 41, PROCEED SOUTHEAST, ALONG SAID RIGHT--OF-WAY OF U.S. HIGHWAY 41 A DISTANCE OF 400 FEET TO A POINT; THENCE SOUTH 400 FEET TO A POINT; THENCE NORTHWEST, ALONG A LINE PARALLEL TO THE SOUTHERLY BOUNDARY OF THE RIGHT-OF-WAY OF U.S. 41 A DISTANCE OF 400 FEET TO A POINT; THENCE 400 FEET TO THE POINT OF BEGINNING. ALL THIS LAND BEING WITHIN SECTION 11, TOWNSHIP 51S, RANGE 26E, COLLIER COUNTY, • FLORIDA. I/'�� N.\ \ 4!S Niii ZGMNG A •��,.� \ - 1r� URBAN COASTAL SS uRB caN oAaral �� N. .t; t'�`:; •,���,, .:.. \ \ I BIT - 'TYPE'B' �'a ''��j•'i� \ N\ , N. • N. \YEN f .....N. Iii \ , _ DRY DETENTION AREA(h) \ \ p \ \ OVERFLOW PARK1NCs N. , `� Q, \\ N. STA8ILIXED AREA(l0) f.-:,..,:-....:::,':c"' *07. `m 'N \ \ $ r7—i—r� r7 T \ ° . N. fi : I I I I I I I I I I N. . ��, \ + i \ \ 4 URBAN COASTAL . ...... .PUBLIC SCHOOL •::ii:::•::• L_ Of.;C:.;". i E5 1 , ,.....,,,,,...: „.. E° i l i •s �-- .i�i ' F:ii:: :cn.;; 4 — ::::::iii?iii::_:.. ::::::i•ii:v: 'ir ii??1F.i?i.'.r:r.:r:r.:•:.::•rr..'::.':::::iii?i i'iii7c::::::::::::: , ti. F———;;; ' : PROPOSED 5' CONC. : ....... Via.'arr:;ASp?AtTIC: SIDEWALK - TYP ......................................... ............... ....................................................................... 10 TYPE'A' H , :: ..... 1 OSLFFER I RO POSE D :::: :::::::.:::::::::::::::::::.::::::::::::.::::::::..::::::::::: 1 ZONING PUD .. / H E D '•:•::':: :j :. URBAN RESIDENTIAL\ = N. Fiddlers Credo ND ................................ li VACANT BUILDING PROPOSED B U HOUSE OF WORSHIP N. ............ • ..... :..::::::::::::::::::::::::::::::: :•.• :. -- . : ZONDJG PUD :: :::........ , ,,,.„, li \ 10'TYPE'A' URBAN RESIDENTIAL LANDSCAPE Fiddler N.Fiddlers Creak PLO .V' BUFFER N. S la i VACANT '�r; 40� \ /4ff id g: ENVIRONMENTAL r'�,c1s. \ ___ 1 ;a' No on-elte Preserve requirement per R '1 \\\ 0,c>. N i the Dekona Corporation Settlement Agreement. '`).6).,, 1 CONCEPT. SITE PLAN \� �� w �� �� E SECTION II,!GUNSHIP 51 5,RANGE 26 E. NN N I •l �• J.COLLIER COUNTY,FLORIDA \ , ryJ risi H. L. BENNETT EAST NAPLES \\��) s & ASSOCIATES INC. 1 Ilk. 241YEOMANS AVENUE-P.O.DRAWER 2137 KINGDOM HALL SCALE' '� 60 LABELLE,FLORIDA 33975 PH.(863)675-8882 L .#27746 FAX(86 5- 27 AGENDA ITEM 4-B Co t r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION DATE: JANUARY 22, 2015 SUBJECT: CU-PL20140000921, EAST NAPLES KINGDOM HALL OWNER/APPLICANT/AGENT: Owner: Adelaide M. Gallagher as Trustee under declaration of trust dated 3/15/90 111 Nancy Lane Kersey, PA 15846 Applicant: Agent: Marco Island Congregation of Jehovah's Witnesses.H.L. Bennett of Naples, Inc. H.L. Bennett&Associates, Inc. 3185 Aviamar Circle#202 PO Box 2137 Naples, FL 34114 LaBelle, FL 33975 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for Conditional Use number 7 of the Rural Agricultural (A) zoning district, as provided for in Section 2.03.01.A.l.c.7. of the Collier County Land Development Code (LDC),to allow a church on the subject site. GEOGRAPHIC LOCATION: The subject 3.131 acre property is located on the south side of Tamiami Trail East (US 41) approximately one-quarter mile east of Manatee Road in Section 11, Township 51 South, Range 26 East, Collier County,Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests Conditional Use approval to allow for a church in the A zoning district. The subject site is currently undeveloped and has direct access from Tamiami Trail East. The applicant proposes a worship hall (approximately 10,000 square feet) with associated parking, storm water and other infrastructure. EXHIBIT CU-PL20140000921,East Naples Kingdom Hall Page 1 of 8 January 22,2015 .22 exil 11-12 w 11111011 a. L, i N-133 al i a a r a R8F-3 ro T`i SITE PUD •121112 w a mse.-a . 1 LOCATION a.. 11111.0 MOW w\ *Ma \ ' c12.1q:si1 6ara �• -� PROJECT a-*4�c .ern/, _ 1 =,....711 \ LOCATION .. e� \k ee.a o ;3 ° A roams am ar u. s easy era ....tea. u A me 7 ,� as e .. a =_ N N \ + '" wag aaw mars aDY „ n Oa ) r'"r' �� -- • cki \,. ---.1' - ="N. VW I if-4 II i ri I l• I-- -) _. in .....lr' „ .UMI. Mn ■ AIM l,I LOCATION MAP ZONING MAP PETITION *CU-PL-2014-921 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently undeveloped; zoned(A)Rural Agricultural SURROUNDING: North: Tamiami Trail East (US 41) ROW, across which is undeveloped land; zoned A(owned by the State of Florida) East& South: Undeveloped land; zoned PUD (Fiddler's Creek) — indicated on the Master Plan as Community Facility West: Drainage canal, across which is Manatee Middle School; zoned A and undeveloped land zoned RSF-3 RSF-3 , '` ,. A ' _ - Subject Site „. 4.1 .asp Ow: ` '*„ d ' \ — . ..Ati ,r4; . i ! "' -� # ,� wittit 4* - 4 4 .,:ls,; , ,i. .. - 1 4. . , I y i. Ali AO f . r _ 00 1 r Aerial GROWTH MANAGEMENT PLAIN (GMP)CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Mixed Use District, Urban Coastal Fringe Subdistrict, and is within the Coastal High Hazard Area, all as -- depicted on the Future Land Use Map of the Collier County Growth Management Plan. CU-PL20140000921,East Naples Kingdom Hall Page 3 of 8 January 22,2015 The Urban Coastal Fringe Subdistrict allows uses that include "community facilities such as churches." Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. 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 Conceptual — Site Plan depicts direct access to Tamiami Trail (US 41), classified as an arterial road in the Transportation Element.] 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. [Due to the proposed use,there are no roads, rather parking lot and drive aisles.] 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 interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [There is a canal between the properties to the west and the subject site; Manatee Middle School lies to the west; and, the conceptual site plan depicts the water management area at the site's northwest corner, closest to the undeveloped parcel to the west/northwest. The property to the south and east are within Marco Shores/Fiddler's Creek Planned Unit Development; though undeveloped, there appears to be minimal benefit to an interconnection.] 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. [This policy is mostly not applicable to this type of project. Sidewalks and open space must be — provided per the Land Development Code.] CU-PL20140000921,East Naples Kingdom Hall Page 4 of 8 January 22,2015 Based upon the above analysis, this petition may be deemed consistent with the Future Land Use Element. 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 is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The subject property is identified as an area to be developed pursuant to the Deltona Settlement Agreement. In accordance with a prior determination by the Zoning Manager, lands required by the Deltona Settlement Agreement to be turned over to the State for conservation purposes, satisfy the County's on-site native vegetation retention requirements for lands to be developed within the Deltona Settlement Agreement. ANALYSIS: When considering a Conditional Use petition, the HEX must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect _ other properties or uses in the same district or neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.01.A.1.c.7 of the LDC permits conditional uses in the Rural Agricultural (A)zoning district. The requested use for a Church is permitted as a Conditional Use in the A zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Use Procedures, of the LDC. 2. Consistency with the LDC and the GMP. As detailed above, this petition is consistent with the GMP. Consistency with the LDC will be determined upon submittal of a more detailed Site Development Plan (SDP). 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As depicted on the Conceptual Site Plan, the vehicular ingress and egress to the site will be provided through an access point from/to Tamiami Trail East. The minimum parking requirements for a Church are as stated in the LDC and will be reviewed at the time of SDP submittal. CU-PL20140000921,East Naples Kingdom Hall Page 5 of 8 January 22,2015 Fire Review has no objection to the proposed church, and will review the SDP upon submittal to ensure compliance with applicable fire codes. 4. The affect the Conditional Use would have on neighboring properties in relation to noise,glare,economic or odor effects. The proposed Church should have minimal impact on neighboring properties in relation to glare, economic or noise effects. Activities at a church are generally concentrated inside the church building. In addition,the LDC requires certain buffers around the property: a 20-foot Type D buffer adjacent to US 41,a 15-foot Type B buffer adjacent to the RSF-3 parcel, and a 10-foot Type A buffer along the other property lines. 5. Compatibility with adjacent properties and other property in the district. As previously noted, the proposed Church will be buffered by landscaping. In addition, the Conceptual Site Plan indicates that a dry-detention area will be adjacent to the residentially (RSF-3) zoned parcel. The other adjacent uses are non-residential. Impacts to surrounding neighbors should be minimized and compatibility with the surrounding properties insured. Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. This project does not require an Environmental Advisory Council (EAC) review since this project did not meet the EAC scope of land development project reviews as identified in, Section 2-1193 of the Collier County Codes of Laws and Ordinances. No listed species were identified on site. Collier County Pollution Control and Prevention staff has reviewed the Phase I Environmental Site Assessment(ESA) for the project and confirm the consultants finding that the site does not warrant further site contamination investigation. A review of the site development history provided in the ESA for this parcel indicates the general environmental requirements for soil and/or ground water sampling pursuant to LDC section 3.08.A.4.d.ii do not apply and no further environmental investigations related to hazardous or petroleum contamination is warranted. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM was held at the Reflection Lakes clubhouse on October 16, 2014 at 6:00 PM. The applicant gave an overview of the project. One person asked a question regarding how the right- in right-out access would affect a westbound driver leaving the site. The applicant responded that a U-turn would be required. There being no further questions,the meeting was adjourned at approximately 6:10. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed this staff report on January 7, 2015. (HFAC) CU-PL20140000921,East Naples Kingdom Hall Page 6 of 8 January 22,2015 RECOMMENDATION: Staff recommends that the HEX approve Petition CU- PL20140000921 subject to the following conditions: 1) Day Care uses are prohibited. 2)No outdoor amplified sound is permitted, except for events which have a special event permit. Attachments: 1. Conceptual Site Plan 2. Application and support documents CU-PL20140000921, East Naples Kingdom Hall Page 7 of 8 January 22,2015 PREPARED BY: /- FRED REISCHL,AICP, PRINCIPAL PLANNER DATE PLANNING&ZONING REVIEWED BY: �-U - /. �s RAYM D V. 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N N giti., N ...::::FFic.4F.F::.:::::::::.:....z.::_:_:.::-;.2...y. ..., -4,7::::::::,3)33:-7-)2.:v :;-,t,::: ...k. -::::::::::::::::1::::::::1:::::::-..-....i.zE... ....:.;. ?'. — l' t 1 J. aFFER N .: No on-slts Preserve requirement per ern. • /____"....1 the!Naomi CorporatIon Settlement Agvem CONCEPT SITE PLAN SECTION IL TOUNIMP SI 8,RAWAE 26 E. •.N 445- ■ 41,-,A, lopii /fif, COLLIER w cam,,II.CRIDA N' rt.., 11.1 N ,. S ‘. H. L. BENNETT .N _) 1 INC. EAST NAPLES "N-,,j SCALE' 11 . 60I LB#27146 241 YEOAIANS AVENUE-P.O.DRAWER 2137 1, ts_t5rarcated w deekKINGDOM HALL LAB FLORIDFAx(A8 33975 PH2(863)675-8882 PDF PDF Writer- Trial :. http://www.clocudca•.com H.L. BENNETT &ASSOCIATES, INC. •CIVIL ENGINEERING•LAND SURVEYING•CONSTRUCTION P.O Box 2137 241 E.Yeomans Avenue LaBelle,Florida 33975 LaBelle,Florida 33935 Phone: (863)675-8882 Fax: (863)675-1327 hlb@hlbennett..org East Naples Kingdom Hall CU-PL 20140000921 Summary of Neighborhood.Information Meeting The meeting was held on Thursday, October 16,2014 at 6:00 PM at the Reflection Lakes Clubhouse, located at 14020 Mirror Drive.. The meeting was attended by 50 people.. Included in that number was Mr. Fred Reischl, Collier County Planning,and H.L. Bennett and Agustin Perez,H.L.Bennett& Associates. Mr. Bennett opened the meeting at 6 PM and gave an overall description of the proposed use and discussed the features of the Conceptual Site Plan. There was one question regarding the traffic that would be exiting the property heading west. It was explained that there is no proposed median crossover at this location,so westbound traffic will exit to the east and then be required to make a u-turn. No one spoke in opposition to the proposed use. H. 6 HENNT n�'SOC.L1TRs P9 Inr. ATTENDEES SIGN-IN SHEET NEIGHBORHOOD INFORMATION MEETING Project: East Naples Kingdom Hall C.U. Time and Place: Reflection Lakes Clubhouse,14020 Mirror Drive,Naples,FL 34114 Thursday,October 16,2014 at 6:00 p.m. Name/Title Firm Telephone/Fax Email PLEASE PRINT _ ZAeoCY .13.G✓nssTr— ,!/,L.LXi✓worr +l ,c, 434 Newt /11 C•4, /?N'?c*nSAnal asV Ls9- 'LBo� ?G 31 N a37- . R av nn' 9 /y1ar .Ts/. a39s 9G/-sEtff- 04#N /VIFTYr, �� 235- 231-3712 eher er j\l i -.. It 23q- .2 31-37zz� Ro ep1� ,l 13Y- a " 2 � 3949a- 9vd Drilu)�mc r,'hvil •olf 14'N',rev TsI4.41 Co- 23 - AOp mat- tars. fl L. UENM IT ATTENDEES SIGN-IN SHEET NEIGHBORHOOD INFORMATION MEETING Project: East Naples Kingdom Hall C.U. Time and Place: Reflection Lakes Clubhouse,14020 Mirror Drive,Naples,FL 34114 Thursday,October 16,2014 at 6:00 p.m. Name/Title Firm Telephone/Fax Email PLEASE PRINT lcnosm ,nncy Norco ISk7SlcL tolvoroyek.43q- 1z1-a3a9‘ C 4i>r,:,c►..-Ae 4. . ...wvarte k+.mx 4 ovn.ts. a3q - 94.g-? 2 g _. NAct4 7 %.,.1 o Tia4 c. 739-(fat 2173 "Term Zige . CRE.6o&1 DA.rico l lQFD I c', Co. Z39_ {082_a Q ED KEf3RQ`^' q '9M/L�w�4/`� Sna La)... • lY M4ico �.cc, -g/ ,I 23 -- in?- 74 75 Q444GC 0/ Ye4.4 00.LOot. jrma. Qj 1J�bara Mctrco 1 cL,cQ cons. I _ 234• lfi'l• y6?S- j .DAn�Ny F'AE 4dbeb 6i yahoo. �owi. 5fill l M R Re-6 SS/ANn Co 0234- s.72-?o/a SA PAe5AN I.(1)3146 .c oat Sif/RLEV PASS K, IVAReo2-51AKD Cs„hc a3?- '(7 9716 rAeSAlu'i5Atcinlvi(fic.1 . Chi c.c Slorti C (g2.9.) 2.0c)-08_61 44er.,, je:c:cs o.Lift. fir s 1 I. ro sland C.ertinniits1 6*ZZl-0901Q ,IiKur„pyahoo•cow; - s■z u. .. UENNErr a 1131k /MOCIArrs INC. ATTENDEES SIGN-IN SHEET NEIGHBORHOOD INFORMATION MEETING Project: East Naples Kingdom Hall C.U. Time and Place: Reflection Lakes Clubhouse,14020 Mirror Drive,Naples,FL 34114 Thursday,October 16,2014 at 6:00 p.m. Name/Title Firm Telephone/Fax Email PLEASE PRINT _ \ c t —� e are at ---- .. Mna O .r _xl E 9 - = I o ,.ta-hco com croVnecsalazar ca c m5_12.021 o �o1 A2 • _ �s1aK -0 r . - ct<n c:2\ -4-\3a_ -+ •` j-6OI -7[c .lAnl 1 RRh 1 l-APID Cr. — '41-+7--`1'30► LOu I ASE K1u = "al cowl --- — "`v is ca,xs. 94 c-4¢j 4O+7 '06°14 ct4t. Q2,‘ a-t A�[ l�►�Gam c4/ -cgtO=9 'i` 11. - BENNETT MUZE.r ASSOCIATES (NC. ATTENDEES SIGN-IN SHEET NEIGHBORHOOD INFORMATION MEETING Project: East Naples Kingdom Hall C.U. Time and Place: Reflection Lakes Clubhouse, 14020 Mirror Drive,Naples,FL 34114 Thursday,October 16,2014 at 6:00 p.m. Name/Title Firm Telephone/Fax Email PLEASE PRINT r\ fl LJ it t,- 71 M fiQ-e-o i s LP,ltDc. X31, 3 R 4..3 , , ,, r�-_e ---- — 3?-3 '?- o//o m l rhue( Pleb Phkrro J S�•�c c ��5• 239 a,./7- 8.403 923 — - _ l Z l�t� D E S*?: p� 23g 8-2 5 '59 23 -- ohd,Oh7 o h s-*T r Mato -Ts lQkd cow/, ,„3 , 1 3)• ° -- , ia,n Qlerr� N1ar a ilapiiten, . 237 - G'87--311-3)• ° -- t3 ,_____114ma.VAD, J1kr b 1Sia n) Col . 1- S' 75g-7 11-Lt 1 1 H. L. NNKT iX AssOC B.124T(NC. ATTENDEES SIGN-IN SHEET NEIGHBORHOOD INFORMATION MEETING Project: East Naples Kingdom Hall C.U. Time and Place: Reflection Lakes Clubhouse, 14020 Mirror Drive,Naples,FL 34114 Thursday,October 16,2014 at 6:00 p.m. Name/Title Firm Telephone/Fax Email PLEASE PRINT Ft-maw 2{� 1 7726 Ala LeL--- /u Co ��lracl!—,Q__ ---- vex -- )7-sp a -���s ---- t eRehc+ !.ideas Aldf ft r 2-‘441 ------ /� �o.d� X39- 777—� f41 - 1.1!�co L ?- 378-( 3 1 �ya ±A-Al kiAc_kL1..S(.r ( 7� - 3cfo ,1 r�G -1-112\VANA Marz o-1"10, • ii l l Colter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00&Code of Laws section 2-83—2-90 Chapter "' ''.1 °' ministrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED n A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER Name of Applicant(s): Marco Island Congregation of Jehovah's Witness, Naples, Fla. Inc Address: 3185 Aviamar Circle #201 City: Naples State: Fla. ZIP: 34114 Telephone: Cell:239-682-2255 Fax: E-Mail Address: GMOAMO @GMAIL.COM Name of Agent: H.L. Bennett Firm: H.L. Bennett & Associates, Inc Address: Post Office Box 2137 City: LaBelle State: FL ZIP: 33975 Telephone: Fax: Cell: 863-673-9373 Fax: 863-675-1327 E-Mail Address: hlb @hlbennett.org BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 2/12/2014 Page 1 of 12 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 E OF 1 -ST INFOK Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership • c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership See Attached Sheet d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership 2/12/2014 Page 2 of 12 Beneficiaries of the Trust and % of ownership Ann E Johnson 6.,1% 1120 Nineteen North Drive,Apt.. 12 Pittsburgh,PA 15237 Eric M. Johnson 6 1% 8 Richmond Avenue Batavia NY 14020 Marion P. 'Johnson 12..2% 111 Nancy Lane Kersey PA 15846 Richard Kastner 12.2% 144 Cherry Road Kersey PA 15846 Donna Ford 8.5% 1853 F'erruidge Drive San Dimas, CA 91773 Brenda Luchini 6.1% 369 S.. Kersey Rd. Kersey PA 15846 Vicky Slum 3,7% 182 Toby Road Kersey PA 15846 David Vigilone 12..2% 824 Melody Court, SE Leesburg VA 20175 Mary Catherine Monti 8..5% 319 DeMontluzin St. Bay Saint Louis MS 39520 Diana Baxter 12..2% 306 Frank Street Warren PA 16365 Miriam Lavella 12.2% 174 Windy Lane Kersey PA 15846 (SEE NO FE ON NEXI PAGE) Please note that there was a specific request in the Adelaide Gallagher Trust: "I request that any reports sent to my individual beneficiaries shall not reveal the amounts payable to the other beneficiaries and that each beneficiary shall only receive reports on the portion of the trust which pertains to him or her. It is my intent in so providing that a beneficiary only receive information as to what he or she is to receive and not as to what any other beneficiary shall receive". If at all possible, please honor these wishes!! • Colter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address %of Ownership Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. 100 Date of Contract: 7/16/13 (copy f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired Contract Date 7/16/13 I Leased: Term of lease years/months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 2/12/2014 Page 3 of 12 ... 1■.. . . .. . . • O. • :l'r'londaRealtors° Ittio.t*Lorid tO.V.tri.K$ Tba lice forked istohilellarda tiitritE%-k4OOF-$41igreatLOP9i0FeiTt. esS°09N ✓ 1.5-ALL/tan)FtMOtASE.t :Adelaide M.eidiegtrat Trust/Est -• - ' rstlieri s• and cirehoty M. Orttiviiitely kgice-theme!eland Corapagetlorcat Jetievalla Viinaoaate AtAftgi Navel . — -, —I 4 agree to sell gad buy on the Yarns and tantildons specified tret...teyrOpetty rPmptdy) l'.%.ffiberl • . • Address: NA T Tr Rh FAS ._.4.............. et trsiot oa,solptibil 54 7.6 BEG ArTHE ANTIERSEe,or*rum or,Eta OF,E1 ri-ts Rtist OF U6 41;6E,ALG RVI1 4 Pit$,T, ✓ :9• • , .„---...— t, • w • •, : tit indwdttig•itti taiproverriermcand t he tollowistraddIdonatpropertr • . h.; • N. in PSiCt AND.FINAttat$6 , , let 2,puRcgitsEpmca $______V_ARCIO. .•p,ayabSo by Boyer In U.S.funds as Wows: i ir (0$ • • Jtlt 17 2P13 1s for adv dy to cormuy Malt try ,;ef%IOW 141;7111 30 .Stmt.,. -tikmaiampole), 1 . , 27! likAidieSS‘f BUD**Agentl 22i0Vtaideriogt)3each Rood,'Oita 1261 .. , zit room i orEsctoriMent) 233-637-11‘tit 1 li'' WS,. $2141c* Addrtiiinal daPoitttgb9-410Ared to,elaew Agent ty ketisAt 0(;colid UP' :-Racetni 01 ur_____closfrorn E Ifs atvt Date 0 0 flays Ifk4t biardd 2'.." (e) , , • Tout tna0t109 hoe Paragraph 3 belote)(express AS a dollar ansocad or pettentage) . . .,. At (d$$ - Other, _________ . • ' ....._ • '00 te)S $75S.0° ((Mance to dose(not tetrad Slivers doing costs,ts!oPald itame ortti1014 M-COOS . v ,paid at clusktit MUM be paid trilocagycitawn cashier's cherlt,0110 cite*or ward quo& , ,. '''' OM'teconti eta only It potato-4 mice:wilt be determined based tet‘tehtellt east freSteed of*(4ed ptiCellhe Atli ... UndfOlOgrrotnelhP PUI:C40.1eP41COS;CI lai 0 ACCe 0-010aTe f001 a-Other.(Verify; yr prMaillog,prea$of kss than a ht loft The.ptttehoix price,vattc be$ , • .•: Isie.OW biattat on a.4540.40(ko 4:4*.al A "0 nri Otte Orme Ity,os can Mod to gum and Satter by a Ftorttia-itciued opyryor trrocoardancteritOt iliagrioph:littl„Otl* fi. rotttAlcejtte SilloWIM rtiltIV.way and vi,htf.afros will he arkeledittrdt the odeukadost, 1 ' • . . . . . ,----- , .• ae 3,c4-$11/FligANCM161(tateck as applicable) .0 fritStayervilli ply raohlor the pie-petty with*a finanang contatpacy„ w Elt.b)gib C.ontroat Is conthalant!an Ittiyitr.q11211W-5 and obratning the conunantentMorepprovaitsjspectfiad.bekyr,titte :yr rf etandogl wit M ...&O.from Ef(ertive Date(1)left blank then Ctroleg Date or 30 day's hont Fitetthre Die,wilt-have! ar haw apt)tilie Ilnaradng periodl Bayer edit aPpty fot financing loath___... den rrom Effecthie Date LS clays fr left Waal sa and vati timely provide any and all crida,anvioymeni.gnandat and other 4110;1-natio1)required bY the leader,it Buyer,after 37 usfog fliismoCklild VoOdlIttkOrmotobtAll the fatanctra$within the Snancterg Putiod,either patty may cancet thisOantract al and Saysei denosid$1 will ben turned atter Esrsoia Agent receives proper attdiortzetton hoot Wit listen:start pot hm. ,4r DO)theti FiiiamslogzSayer wit start it somnior.sot loi now Nei patty Wincing fOr$ of of th,•pukhafe.1,4,..A the preeeniog Mtm est cat*and boon cent based GO 6tlyet's atalreiorthiliti,1-Su'itiliA ei keep Salter ant)Finkel hiliy tedatzsardOf the IOW applicaoon stouts and progress and authorizes the kinder Or mottgaae 44 Ilitket to citrat psi ill stall tnfounation tO3eDer and groitCr.. - am Salltrflhmh'inthlk'kealafil aaacula a.0 tast 0......4p.r.olks0*ononeyno..,4,noiviolo$.11.,II%ThC, 43. ArnOtSlt ii%, ..._ .bearIng annuat i(kerast at •"4 and PaYaWt at,lelltred: ,M . . . . • —..---- * he mortgage,note,and any security aveerramt w$11"he in a feral"acoppuble,to Setter end will 163l forms leheraay At ecceige,, die the county Where the Propos hi fibula*will nrovtafor a late payment fee and geete.a.ti,,hetthe teettiptpeet -----r . . ar Buyer 1''''-‘111&)tatsciSaller cl, L.,...)acttricOodge receapt ta o copy Cd thhPage,whirl,is F`age a Of 7 Pages: ;4,4 te)li 04.467 61171:FloaT19.,44Nc..4 ell eiet.m'emote .. . - .. for nsiinufx.il y 0 • ___......... --- .....................__ st colon if Boyar&W m'w111, veOuyer the tight to pew+ern cast meaty ell ar pad of theiukrdpal.ut aoyiotxlsbeitlt o interest onty to date of payment wSl be.due on conveyance.or'sa)t will provide lot rely of,00ntfgtays parcels ss applicable;andWtl require 8uyet to keep kataTnyutstamtceontitelroferty,withScBeraiecfaulunalnamedastured..Buyer se authorizes saner to obtain matt,employment*id:oifets'necessary irtfarmalton to dfutemtlne tse tEtwortbhiess fur the • finatiekm,Satier wEi.,vithin 10 days ham Effective Daie,91we Dupla'switton notice of whether ornotSsiietwillmaketheinen. Asa• OM Mortgage Assuumdont Buyer take dilesublect to end%Pena and pay edsIng Mai mortgage* • or tNf pf» 't$e.emaumof�ri^,j currently pan*as y, i _,_,� month lndudlnu principal Interest,Lt axes and lns'mnceannd having a La fixed other e• 4cltscnbs3__. ar +net rate mkt, wt trot aiateponassu r_ep.oAyv�Ian cgw the cbftgate o —wi 116e ea adJwied fi;.the Datarsce-due*do*rg wt*no-adjounent to puudtaseWei:Royer Wig purchase leSW1esaaw ar acroutft tivllertiO dolba if:the timer sapptt iiyar ce Me interest rate upon transfer exceeds it or the art. esnrrripdaritransfer fee Osceedii Otter paity May 4ee tea pay the exress,ratfag which this ayreeenent as waft terminate and Boyar's deposftlt)will be returned, so CLOMMt3 �. 'id 4,CLO3SUG DATES OCCUPANCY:This Contract t be dosed and the deed end possesskat dekvrneel on er rClottng Date'.ttrdess the Closing Qele fsapediwdPj extended by the&uyer and seller or by any oritetWcvlsianin this as Csattran,the aorirsg UatrsluU tevafl over all ocher Moe periods ladle-reg,but net limned to,financing Net feteslbtgy study 1r1 pertods irvet Closing Date kcsuranse vndeswtRintj is Buyer-may p tposle dosing up to S.days after the Insurance et suspension ii flitch.If thtrtransactkm does not dose for any reasao,.®uyet wfl irnnsedtirelyrepma all Setlar-prnetded-Otte su evidence surveys,,assrtiredOre documents and ether itei:tt: ii S.CLOSING PROCEDLIREI COSTS:Closing?AP take place is the courtly where the Piipenyls located and may be conducted by at mall or elettnrttk ttitdts.N tilleirtsurance Insures Buyer for tale detects rr*rU between the title butler otferirre date;old e recordbsg ofauyet's deed,dusbtg agentwlII disburse'at dosing der net.sate Preece*to Seller pn local csechirsesshmis it Seller >f regixctsin wdting al least S days prdorto dostna}and brokerage keno srolmras p arPanaPraPS l7.ki eddMaitto ofbes eepertses • v provided in title Contiscy Seller and Duper will pay the costs indicated below. to (e)Sailer l de r, Taxr3mt'the deed a Recording fees for docomeats needed to cum title u TAktrAdencetifappllcahle under Paragraph 8) ir Other: n fb)Nara Cwls: es Toes and rrrordtng fees an testes and maruTages a< ite67.61 g fees unthe dead anddnaRSC3rtgswear-Ms se 1066+7ycnses' u, t.ender'i title policy a the simultaneous twat rate b Inspe.Stons is Stirvy and sketch es Insurance se• OtlkRr. IP Ic}TttleEvidence end laWrsneer*POCK 11)-orf2); er �Tl)f1rr8Ur er d¢r ca wwi be a Paragra eft MOM owner;Me lasuranceconorMenentE184herval select the tide Kent err rl te twins ihe tanner's tidepohct wrath.erarrdnutl°nandreleed cleargera r[JB eeyerwSlWlecttheOtteagentendpeyfor w the owners Ode t )`tech.exemtnetonmrdmUted&e rgesof0 Seyerwfkseleci thetdeagentandSdtarwdlaayfor as dreowrset'e nude policy,Such examination and rdatedcnarget. w Olal Sens:ee tl proaldeao abstract"as spe elf eel In Paragraph$(a)(2)a s title evtdene rJ Solkir 0 lAayervdll pay for * owners title policy and plied'tlee Oda avant Salter whlpay letaiatt far searches Oat 10 timing,bsdtadfng tax srerihand as lien semen leer,and iltryer vet pat Ides Int title searches after closing.01 any),ItiternratalnatIon fees end dosing teet. .. tie fed)Prabattonsr The followter'rg harts will be made current and grouted as or the day before Dosing OaDo, idestate:1P, :ter Interest bonds,sttariinghts„...froissop and other Property ermasjsee and reeenuei if tares:and asvessetents ter;tha current yew tin' carrreot be detesrfIeed,the.previous year's rates will be used with adjustment for any esrernptions..-?HOMEY TArf tea: DISCLO5lflE-3sJMPAABYr ISUYI:if SHOULD NOT rtKLY Ohl THE WIER'8 CURRENT PROPERTY TAXES'115-TH£AMOUttrOr' tar. PROPERTY 7AXES.7HAT;BUYER'MAY BE OBL ATED,'fl)PAY AN 1f9E YEAR St)USECfJENT TO'PURGIASE.ACHA.NGE C las OWWEEgi8'.OF-PRUIIRIY fM+'ROVEMENfS`TI llGERS REP,55ES"SMENTS OF THE PROPERTY THAT CDU(.l:)1E5tli.T WGHIA 'me- PROplltlYTAXES,iF,YOU IHTAVE.ANY QUES IONS CONCERNING VALUATION,COIRTACTTTHE COUNTY PROPERTY APPRAISER'S to7 CFP)CESOR FURTHER iiiR P AAT1Ori, tea, le)Spatial Assessment by Publle.Eadys Bitgardtng spade!assessment$ktrporeu by a pubUCbocly,ba1)etr:WM-pa'W the MI a. amount 4 Pero that ante,silted,cnnfamed,:w:d ratified before closeng,end RD)he anowen of eta tbalastestimate of the assessment •isr err f�Qterei elar t,_,.,_..)aikrwwIedyar''atptofacopybtttestrae.WhldrhPagelor7Pages..• 667:0267 kalid&Aeaee4ke at l�F8 Rains newness .. a tDe'eussramtsrswrra tzlt))tstTli 1)CiIy • luau impmet.....t t sub: tompuiw. a Effective Cratebuthirs ntgir suited to a Inn heratedosing nil buyer will , , , Itr PAY&f other;mounts ifipedat reamoinenia mar frad Kalsianniefin ctJour Kieft-Wit Sayinj Mil pay memo acre ants dong. So1kt to Meant Seller**pay Ihir assesamentin MI prim to or to the time oiekterte..1, k to body 4orr rotinchtdelflorneorsitter(i odazian orCendoneraure Asset:talon M f1 ix itlIthhotalinge H Seller Is e'feseipre wean"as cid reed b'WI&Section-140 ot the;eternal gement Coderequites sea thsyst to eitimid 1006 of Mt arneutst mined by theSellet on the transfer rid Mink tin withheld amount to'the totem* 312 Revenue Seroke rigS}unless ssekmpti on epOles„"ihr panel&emptier*we el)Sall*Frond&Hayes irolth ars*Molt re* that Sage is nut a loader wan;04 Setae proved&Itriyr a WslatioldIng Centime proAdIn0 for minced or clknNAei Ydftib014,10.ore)the Penn Mit*prise to.000.000 or le4,- r is an huttalduat seteopurrindas tho Peoperty to tee rd residence.end Buyer or*member of stoyerirsfamitylos derarb*I%—te made at tha PnlPedif Oar-11)4A sQt-L..au* en nwrixrot drys tho totaetyto tit ore during elsth of theta two 12 incur periods eftet trainfehThe 015 reettires ihryarand tax saato&ma tEglesteral Topsy&Identifteation or robs reihM.IStryer and Seger agree IN erecom and diner as dilated m toy ins tetenesei,affidavit of statement teesmnblynecesdary to ontnes'y nth'WV+repArtments intiudirsg anykdrei for a 1114 tea within 3 days troM Mennen**and darning their seine:0m TIN tor Social Stcunty numbers to the Ming Agent.*sore las **hies Ite eddshoiringeerdlcate but Olt appkatim to still pending es of ettnIng,Daytime plane irs.1006 tax in escrow* in Selhir's mem to be disbursed In ezeorriente with the IealdEteOndMtt on tithe IRS,provaine San co requests and OM J3J Rum notice of the peragng application to accordance 10-433$Dedon 1445.11Duyer don not my suebtlem cash at dosing to • meet the-urithiesiding revirerwit,Sam will&Emu'to Buyer at(kind the addstional unts netelsory to sattsly the en nvlotronent-fsaYersia titn0.4d.../aste the lane to ttorlE 0.-al provide&dor with copies of the UV Imo and sectors. u° 40 1031 Weave:If ettheo$.Jleeof StrYer snishes to weer loin;iget4dod entanmie Lather setrItaneousty0th-dtednf.or to ;heti under Sectlon1031 of the Internal Seven*Code elschange"),the**party WA cooperate to di:mamba respects to TA effectuate'be Eathonot hatt ding oteecottiv Sommente worn'est,however.Mat the cooperating party estli;cur null:ability or rs3 coot elated to the Lediangersd that the4osing she/not be connivent won extrodectouirleyedby the Embangn DI PilOnST(CCOMITinfe to 4, JIQ USE: Seller arlif deb&The•• ..Pr to F11.3yer.14 the Mix egreed to Its present 0st le condloon.rmi,..ndoon.,. tenrititig from Buyers tspecticeti and ctetwfto annagt,Marty,excepted.War VdItattdronin theiefultapino snd groendslo • WMP".4.01640Un 3n4"6"not"9.49 e *nY 4490Y thgt»mad matestal)y oket the PasNuty's a-sodium'without OP the Suvert's priorvarnen tense& . nit fa)Hood DAM at:watt ad./sato voiffy by surveY.vdth the I endet arid whitapprcushatepavetrunentaigetiefes extriihilsod Pa met the'Property Is irywhether&nod insurenee is ritpitsed and epplyle-iirqineuttigtitt/*pasty.and • 143 1433:4314:V; the erent tesually1 so ih)abvtinnv'ot file30640,11 1417111$41Of'404,1,24 ahingar In 9ovenanna 113043300.3 and levels of soviet which affect to tures intended tee of dierPropenywill not hese:ion&tot rancelingehir Citearatt the Feasibility SPetretttw nein& or ar Briyerien ttrackniCheite WE be*W. NIS 14 insvied lour ithtd fa or hdoec, • ran 1jf I) MIL at Easyerseisperise and days treat Entrane Pete thessitity" ter Pettort,deter:rine wheihn the Prof:ease to sonnie to Noes•-sote end absolute dectetkin,for_ Untoptatroit 'AO sild tra 4:44X6' use.Casing Feasibility Stardi Period.buyer mar ten***frrese 1 environmental . . , pl• lottlx hent watI any*they tanf-ir wishlses,WereY1 ref inVesti*Mons rk-zpirticr4 that sum deem Pecessey to rh `dafalmlne to Sorea„„*.fairfaciffn the ProPtinff angineering,ardthnousraI and aDNNWINTISNil prtgerdec.pine*end In 'la**fasinctliang salbiithehlon sunailaFaoll and Mader acitabalty of access to:public raids,sonsou,and other enlinte, oessisnairy with load slate and regkosi growth wonagmeni aralAbOY Of Pstril4 irqtalmeat 44I3AFalI.End Hoarsest and oieff km:edam that buyer'deems aFOriPlate to detonable.tbe rtoperter sultatillair for the Barret 1.34 Intended um 10 tie noway Mint be richtmett ivy&will olutain the resoling fromishe sparenslabs gorrimment agenda. in Selleriiii signal documents Ban&h INT313Di talk in cozen:aim 303 deVIININNIN't or 1443tooli acrovakt. •glaer•oats bsy*tlts ototts,corroaarrt sod assign!,the rielsito enter The ProlselY anY Cm°axing the finailaillY PeitotEloethe'PotPoso,uf conlidoln;kesPentioon faevIslet however,thaffttrych.lts.egerstvnentriaors gad tit Wig Ds later tha Property and conduct Inmeditorts at their warn*,Payer tefli Lnderotify and hold Setter harrni*s ise kern iosses.Osmoses,cog s shims end ropenos-of any natum,including..ationseys"fres,Menses and hibilif us. Incurred in NPOINtNID r re.wrom iutirlated precolulingt,ani&mit abilty to oryottlets,arising frocerie conduce Of ui any and oil tospeedOrts oe tortroo*aotho axed by&mein Boyar sal trot engage in any ninety thatmuke result Ur; ret CODIDUISION Her berg Ned eitairtss the Property siehoUts•alef pier warren comentit tote Inneandon does not "Ai' dose,brayer will,at else*pp,0s14(0-tupair to thelhofieTtY 302311(114 130131 the iespetferns aid return tel tiw wor.eitY to the"'oration it wet in Prior to*induct PlItte lorivetherm and£21 release to Seiler all teponveridattrer ne ire workg mem led A,iTtfiat thfr Inspection, guyer wit delver Milton mem to telferpsiveto the exceration of the feribiSy Surely Period of anytiMdenteririerees ter **mbar to not the hapsoylo kcceptable.Ituyarle failure to user*with des notice retnorannra nal tcorpin'of ePian, to of%e Property as stint&for thryer's Mendell use In tIt ay b."orndttltrt.If deer Property to unattarstriede Buyer and tat written mem of Madan is ninety;faceted to gift*the Cashed Mil be deemed terminated as of.the day ire sire no Finisti4ty 5tody period ends and lisiyeet darateltesi vIl he retuned cher&mow Agent*earn mope(farthosing on Min its 1111rderasted*Mts. or 012)fee Fursilstiley Study"Buyer Is satisfied tha Elite Property is sulteblefor Buyer's purposes,kiiusiirrobefils 1341.311411h431(40-0,0*Aelewone eed sesterso avadalsie to thehepetty or Me fropertyeabs smarted for the - - US Barr )0:4 SA ( lacknOwiedgercct3DINia or Of this traPe,i34cl4sfatie3rif.7.0aies. -• • • tov.40Potztentooe nnwore ,"r Pa wrea ewowa SOAR 4OPIINGSDI■lorrn, 1.0r1:01.sinIplicity 410 • • ea yiStallation_ca await endra tartrate sewerage dhpgsal system andelat existing zoning and otherprrtfnent'matador s and TACisicdoe sticb a tobdivision or deed restrkttott;tancterency,.growth management and cnvItenmental'cwtditions,.are Ara acceptable toauym.`7bttC tact Knot cn:stingenton Buyer conducting any frnherGwetttgalion dtk .(d)Subdivided Lends:Ii this Contract is for-the irrtehpeofstsb'd+vldedtands.defaee byFlostda taw.as Nei Any c ettyvette >is which Is;dhered c:ls.proposed to be divided for the purpose rlf dfspositlori Ipso 50 or mons lowcoirods,ite;wtstetests; ten of tb)A nyiassd,*writer corNbguotts or not,wliith Is dMded m proposed tube dlelded into S0 or more Cots,parcels,units,of aet interns:whkh are.ofiered as a pert of a>norm-non a:Mnla00nel Pratt`,buyer.may Caned Ns Corntract tot any reason tai *setscrew,-for a parlors of 7 badness days horn the data an which buyer sweater this Contract If buyer elects to cancel . is, wit tdnd ae pest*provl ded.ail funds or other property paid by buyer w berefu=tdedwithnutpenaltyorddigedonvithta2tt 7v4 da}softterecatptof the noti eofancellationbythedeveloper, its•7 R)S1CQ)LOSS'EMINENT DCM4A1Ns V any portion of the Property is materially damaged by casualty before closing,or Sailer rat negadateswith a governmental authority to transfer al(or part of the Prpperty in)feu of enstnent bmatn proc?edings,cr If en set eminent donsirrprameding Is initiated,Seller pomp by inform Buyer.Either party may.cancel t'hIs Canuatx by written m notice to the other within 10 days Porn(l uye?'re efpt of Seltet's notifcation,failing which&eyes wltdoae In areacianee afrh rot ahis Contract end receive all payments mode by the government authcrsty coinsurance company.If any, tie mLE err a,TJTLi:r:Seger.wVt Canvey marketable tide to the Property by startle«y warranty deed or trustee,personal reprttGritastee or 1st.. guxd+inuacdasspr?ptta tat tale ilar':status, Set tayTttle Bahian tar This said ence icalif show lend.scads the Property end matketable recard In./leder In accordance ray .pi thchianti*srandard'adapted by the f lodes Bar,w only tp the following tAieecep(kurs.none of which;meant rss' .Buyer's Intended one at the Property.es. -de raf14la idwe h use •covenants,easements and rastddkns of irf. ;treed masters otp03.ft:stir;9 zoning and.-government regdadonno( gas and mineral tights af record lfahafclsno right of its *New'wont laues:rnurtgages.that 8try*.tafil assunttt'and encumbrances thet-Seller will dedrenae at or be ore cicdrtg: is Seller WtdellV 'toBuyetSeteesdwtoeof ontof thefollownptypesoftitieevidence,which;must be jenerallyaccepted as#: In the county where the Ptope+ty Is located(spesrty.In Pmagrapb.51c)the selected typot.Seller seal use option Min Palm are Beach.County andoption l2)InM'3i"anl- eCeunty, rat ())A tech innoestce comadurseat Issued bya Flarldadltensed tItde lnsuserht the+>nwttttt:of thepOrthaseplfceafdsublem ordy tot tic etdteptiens set forth l»lhds Contract and delhorrd rno IS'ot Sian 1 dryss berme:dosing Date, Ito 121 An roasting abstract of t)de fret»a reputable and edging abgrtct tirm iff firm is net exotttag,then abstract must he 4 nt (ettlIed as carrea.by set easing form)purpening to be an accrete synopsis of the ln9ruments affecting title to the SOS Property recorded Intite Public rem. rd.Odlseeauntywhas-edePsopettyk located and re&tf?edtoEfleethec1.ate.Honorer ice If such art abstract It not available to Selfet,then a odor vwner's'tttit petlty cc.. table to the prepared Insurer as a bate' s47 ..tor resat-once of coverage.Seller will pay tot copies of all policyrcrepdons and an Vpdate in.a format acceptable to s Buyer'e dosing agentfsurtthe.ndlcyetf+toveddto Mick efll edtoBUyeeortzt±rersenilrlgegenl.tagetheesxtthropiest,' an aft dooiroen s tee(ted lithe y tocpoilcy and la the update.If a piloa poky is scot available to5atley then(liabovewill be •ne ;hedge evidersia.11siti eiddenceutil be&dittoed-no later than 10 evaysbefate(Instils;Date. w fb/Titiersantimtiont Buyertall exlmisa the th a vtLdcnoe and delver wsftten nonce to$aV es,within 5 days from Tecad}ttol: as die eYldence but no later theta Closing,Date,of an defeat that nuke thr titlr.unrsalloaably Seller wig have 30 de/sfrom err sextps olMayas'snoticeadefe-tts riIauWvtPerlocI)to curette,defeits at Salter'e eoprewe)f 5'elferr ,the defectsriit % 2,4 (1)C.Cl ragee Perlor i Seller toll)dabtat written-notlre to auya"and the parties wB dose the transautlwt on Ct0a10g.Date rxt zM within 10 dayshornBuyer'areopptofSelle rsnoticeBClueing Ratehaspassed((Segeristurableto Ouse thedefectsvdddn ire the Curd$is Pe loco Seller tetiliklaves W.rltten notice,to Buyer end Buyer will,widrintO slays from receipt-or Seller's notice, tit either cancel this Contras ot as.+Kst tide*Meaning defects and dare thetransactksn. my fel Serveyr"Boyer may,pert.toCioslay Date and at Buyer's expense,bawl h ePrtpcnty serrveyed and ttalrvervafttten nmdceto :,are Solier,Wlthsth 5:days from receiptofsurvey but nc,tater than 5 stays prior to clostng,of arry onuoadartents on the Property, no encroachments by the Pl nY's Improvements on ashes land$ar dead trettictson or zoning violations Artystttft v+ eopmchsaentcr violation will he treated.in the se»tx marmot as a dtlt detect and Buyer's and Sifter's abdgadons will he au: detcranfri d In accordance wnhsubpatagraph tbt"abovst sit (d)Coastal Centro Won Control Line: ll any part of the'Propeely lies we and:of the(*anal construction eontra(1 as Jai defined in Sedlatt 1611/53 of the Florida Statutes,Sellershall pro+7lde Buyer with as attidavh x survey as squired by taw Si? delateeting theltne?o!native on a'ropesty,un?ass Buyecwevsys lass retanternmf in rrddng:T an Property Siring purchased ins may be str}})eet so asxta;erosion errd to tedesratState,orlocal regulationst)tatgovena.coeshd property,!scull**delineation ut bf lhtraed:al construction control.line,rigid crustal metric-Um structures.beads ratadshment and the protection of nue*m cot Additional Irtfottedion can be obtained from the Florida Denerunept trett.toroperitel preteurrey Inelielej,S0..tether ear thieve'acreslgntarentaraskttcotad{tonsa sararedwebirenhorefineoftheProveolibenIIPon:hand av QBuyerwaives the/SOS tormel eaCCCLaNWavilorsutvey:; rn hitsc itRp1EOUS m v.IFF tiveppaTf T/HErrDAte1/op-RE: ui ta)difteterrrDatathe'fJfax luuDate'-ofthleCoetretTs:thedateon:vhidtthriastof the parties lnidah:orstens arid delivers zu fetal offer Of casnteroh r,Tlmt)s of the essencefor eS proeblotasal thie entract. 2c (b)Thais Al)time periods expressed as days w111 be t3imputed in bta(aiessrlays(a*tuskless 09e-ti evoiyca lsrrdar.d?y:• ne except Saturday,Sunday and nailer i legal holidays).if aity.deedtltre tails on a Sauutday,Sunday or natfonallegal Boyer � atdsol te L .Jacknowiedgoraczai.ofara yntWbpage,whldts"Pge4012Poges anatos o nezils,(it xsWUdon AO idw'red emas-aaiomeeat+raeasvra TOP IISATIplit.i;y • • s • Ise. holiday,pea:mance nieltre due the next butitlesday...441 limn periods w ecl:atSiottr,initocaltlosekneaning istihn'toanty wiseie*piripertyls toote(t)01 111!anProntiate clay. • (r)next.Majeure: buyer or•Sefier shall not be required to-perform.any oblvatfon under thb Control tir.befrisble „ , . . . • , eah;Aber fridemagerso}deg as the periottnerica or noniteriortgantePithe olsItatinsii.S.Ottryolliss*d Ord:41,0W 242 by Ith act of-6ad 01 face 2n2J0We.An'at t of Garr or'torte tita)eitre s tlefirreti as hunk-ems,earthquakee,.floods;fire, wrtjnul.u.nsportetfnn delay%Wars'etsurrections.antl any other...cause not retrannabfY wnhtn the•tantrol of the.Htryer ni ire. Sailer rinetietsith.by the vireose a due diligence the nan-perfoingttg patty is orratokletielii)tor.in,porith•-nrevent or onte411 hne perl0d4 indudlitACIoidlg Lone WI be fourfated„Inotio neseod3OrWrAinithesertiod.*beanie/Oka • ou• realeure on e<t Of:606 1STO"p4C0.,to The event on an of •0a mptp eveot ainttilum. r, .$0 h' 4orr to. ladye ti the 241 days In this lub-paretrraPIli'dtb40 party MAY t211001 the anima by datreflee Written notice to the Other*1115.0 trYer'i ate deposit shall berefunderl, aat 10.(OTIC ./theorkes.shall be In Witting sod will bodielvorod il elbISield ticker bY fna4.nerieahal(we/or clonnorin ,k0 Media,BuYeea hill01e10 deth'or tinthlYwiltieteritint tirre'Nea,whets such metre is requited bY this Centred;regarding 751 My eorrtingendes tolileertder thef'contingencii nail and Uoisl turf the Contract Will be coosturste as ff the coothigireity did asp not eiht.Any brake,dominant or hem deilVerliti to Or received by an attorney et terattie One:110114 e ttannartiOn. broker)toptestating a party nil be as artantve tialt delloaratl to why thatparty. 4s4 11.COMPLETE RGREE3AEND ThIn COrrt*I IT the entire•egeettoted between:tiler and,Sallte.Except far brokerage. •,35; agrettnet01,00 miseer pr.444.ArarelAieD4 wit lend Sure,Saliva'.or Urbino'unit%letearporated Into Ail Contract, 'relodtecranitS of this Contract OA not be binding sinless in awieng,agned cnlnlb14of and deliveied by the paw to behoUnd.This 21:1.COOITOCt signatutes,16inns,dot:am-tents Tenanted in thin Contact t:rranterPertc and 10TittErT moniliretions•CiMMIX*Cated 750 eleutontrully or on paper wel beacceptable for al ptoptisek Maid*nirlivery,and wit be binctat9;iforicietintri on typewritten teum inserted In or attached to this contract pretrallowe preprinted tents.ft any provision at this Contonsis 0/beery:nes invalid rso Of ur entormbie.. nonalreng provisions will toottrote to be(lye...fie:Um Buyer and Seller will use a/t4lons:x.4nd good-faith in an performing ail obilgationsurnir.rthis Contriort.This Contractual not be recorded In any ober records. ,71. U.ASSIGNABILITY;PERSONS BO lieltn Buyer may not assign this Coro:tact without Settees written isteatett.The terms . •an liaryer,'"-Se lien".and'looker may be singular or plural.This reenact to binding on the heirs triton,seetutors,personal 341 npresentativei and resigns or puTsaltd)of Wryer.Seller andlinilier an rIEFAILTAND reSPIrrt SES111.1t tirYht tea 13.DEP/Wilt(a)Selat Deaalt: for eery meson other than failure of Seiler to make Settees thiemaramtable after diligent an atom Seller faqs,refuses or nagiects rota:form this Contract.Soren-ay choose to teerima return of Buyer.`a depose without we wo141°g Itie 1'104 clamtigs•°''l I.eeskstrIfis Peeping/Ire espet PM4001 1 Seller will also be bleep broker for the - :to, hill urnonnt of the brolisage fon;(14 ewer Date WI, isatyar.fallantperftirm this Contrast within'the aloe Inert:fled,Including an timely narrate Pratt'deposin,„Seller rut thOtrteto titalO..and collect deposits paid and agreed to be pig iSigutdeted ail damages or to sods:sped&pOtforrsonce.as per itatagrapliln;snail:oleos/4k upon de/nand.receive Stilt of alIeielaoiitn paid A? and egree;Sto los.tield Ito be.10.e.aqua yernong•Breiters)Untothehat aMoure•ofthebroterage tea, • 22r IA.DISPUTE 11f.SOL4ttitN:-this Coasted will be construen under Honda tontrotrasies,4airns,mad ether roattngin • iii Oties.10.Oaddnci ow of or reratina to thstannictionpr this Contract ores breath will be serried at felionte • Ds ta Dispute-A ceocensing tverderneot to depeatts wade etid agreed to be Model*war and$oriltTsoliltisin30 days from gza the.gate conflating demands are to attempt to tesohet the dispute through nnerdbelun.l that Ws,Ealoart Agnntwlll etearth the dispute.If so retinlred bY.tioriett leer.to arrow Agent'S deice of arbitration,a Weida<AIR tirthe Florida Beat • Estato,rommtniont'friKil.buyer end filar salt be bound by any:molting swan).Judgment or order.ft brclit4c14itIon one- under Chapter 475,IS anti the FIE rides to airily notify the FREC of an estrow•riLtputo and tautly resolve the escrow tie. xlitputo through mediation.arVeratian,f0req:2104dOrt 01511.0.10 a02201serncit 01424,4.Of rho broke on shows.a Potasnelr an to brokers and doesnot apply to title companlactittarneys caroller eSolosettenronlet. Alt Ogle dirptrter4 Buyer and Seller einl have 304ayetront the date a dispute atites between them to attempt toresolve .are• thetriatter through medtatan,:folMO which 1-1*Po:ides will ft4Svothe dltput through ntottal.Ialotilny.atitkration Its-the us county where the Propos,/It locatoti.lite art:As-AT:pay/tot alter ihp Contra citertin Of Oath rd any renottlyngt provided for 1O in this Contract.The award wit be based on the wreatotmlyio of the teklance2ehd will state Ilnditsgs or fact0d nit we cotrecwl anmnorttyoi Whitt kin timed t the partteiaOree to ine:efisr.rivery,It arilibelo ar.ordanceatith thefitnideleules an. Pt rial!Procedure and the a arkpircee:wV)*Kriire all discoveryttietedellfnu.tris.',/thy disputes with irr0i-RstaiiiikOnseAt named ler In Nragraph will be submitted to arbitration only It the .t-artiods brOint DsDlenD in mmltuig to become a party to the an iwneenrilng,This douse witisurebeerfoing. W (s):Medlatlian and..itrbitratlem-tepees= literitattree is a-poates5 In Tibial Parties etellePt,1D rn.ctnra dispute by "-.711 submitting k to.40 iitusart41.,inedilior who,radaztin the resolution of thetlistatie but whir Is not entice...trail to Impose a an •settleritere on the panders.Mediation vela be In'ac.coodarese tai the.rites.of she knen can Attattation Asiseniation'("A,4A1 or an other mediator agreed on by thn)nlrItes,ThnisnrtkoWiII equally stride the mediation dee,if any:"A thltratiote Is inures%lit. an Which the partiestaieivi e4lnputsr by a hearing before*newel person who.dera/es the matter and whine:amnion is Ort binding on Ise 3:ADAO.AfititrAdon'ea bein.accordartionth the tiros of me OA orothet arbitrator agreed on bythe parties, 34 Each patty TO any 04111,000 will pay let own fri conIc ind expenses,intiorring attorneys'fees;•a-al WIlT equally split the aso arbitrators'feet and atIlearttaihnt Can of arbitnstion.too awl action tneolorre an eabitrettowaward,the preiraUrng pony to 20.7 the arbitration shati he entitled to re•rover(mei the nonoreratitng party reasonable alto/treysEnna costs rind remersco• ow'-Buyer &JI /read Sellerk).( ladolcoviedgeteteipt etaropy of tbripageortlithb nageSor 7-Paget 9ev.40/ 2007 ric01400000100 31.11i 0$91001,0001 Wirditr010110012,14200:;5 tOribtiPIPI • • 1111 . . , • .. I 136 Mai f'SY.I ArGENT AND b WAIN arta 15.ESCROtrAGEhirt.tioYer end-Slider autharl. Escrow Agent to tike.:ve.deposit and,hold funds and otheriterns In escrow aa, 7014,subject to ileer-mcs,nisburse.Mern upon proper embarkation and he trectirdarmewldc.flodda law and the ternts of Ibis no contract,loc:ding drowsing hrolseregefees.lite parties agree that Escrow/..igerd*isnot be liable to any person for rehriekvery ser of escrowed dents in ewer or Seller;ontess the ardsdelbrerils this taEsctow.Ageofs willful breech,of this Contrixt or gross :ses.:tiscficericelEicrow Agent toterple.adi the vitiect matte:40w eScirrsy,EiscroW AgentwillPatillse filing fees and cost:stem the 3as deposit*writ:rev:et reananebleattorcieys'fees and costs be be.palti from theesctowed funds or ectobratentasnd(heisted and /at taWatdetkOS court tOgiltifa.tor of Inc cat volikig party.All dates against E.StfeWAtiettlVell be arbitrated,so Ionsils EatTaadtgertc IIII PP Consentitcrarbttrate. :les.iss:pporreSstaNALatnittEfildOkdlif.IABILITT;ALietr asititiel Wier Ore.-1541W to verify-ail facts and representations-noun . ne tromp/a to thew and tp consult en atiploraixesprofirsslorol Inc legal advice lies movie-Interpreting conixaas,deteurtning :sii the ertectlif laws an the Property end treotsction,stetos cd Min,foreign Investor,eporting requirements,the giTeae,rwopertv ars 19%9 pattolly pr..;01*$egtmeet tatahe*taste!Constratton Can at Line.eka,ind lot tax,property raanella on,enylasomental and Al other speitellied advice.,buyer aclumerfedges-that Broke.tince not reside In the Property and that id tepesentations forat, -R4 ImItteri or 06-Nwrse)by Braaar art based oraSollarcepett sentaborts or pubrivreattds. nuyee meet*to rely Solely on Seller, 315'profetsteneltrispactors and grovetMmental"an toeless for verufketfrns of the Property rondlltisa and facts that materially lut effect Properry.altitst,hopes elltlAelfer rospeulvety will pay all eons and expenses.including teasonabie.ettarneys'Ines at all ''Iry karelcinorrond by Broker and Stoker's officers;director%agento and eiyvipyges in cannecttun Wish or:asking from loyar's or no lidlers:Mititatinvoir.or faffere to Perform enotnewel obilprta,u,gitvv,,,od Seller hold thwous art,t.rek,„4,„ow,std *..-8,0we4...°mots,dtrottots,agents.me insploye,s 40,11- .Al babotty..fealoss,ot(i-smage based on 111 litrytr's or Seller's 2°3nbstot#111gnt.OW,"104)14. unn MI:ractirsTaitgations;lzl drake's perfetrOariCe,at soyet■emater's4te3.,p-Ttgoest 01 VI Mk heirorid the steps of savtaz rasiaaiati.ki.09pter vs,,rs.,as amended;including Beckres teasel,'ressesumodatIon-or so:.tetentlaried*try vr5ralor;Id)prodOcts orsernices provided by any vendor;end 441 expenses Incurred*say vendor.Buyer and 3n Seller eadi assume full(a4pansiatuty far selecting end.steopensattara their respective.ventiors.this'OatagroPh will fro PdleVe iie.,Broker of Statutory a llp3tkrrro ccc purposes of this paragraph.dreier will be treated es a party to thb.Gantract.This'paritgrvh as.van surrivkiiading. ix I .dirPOSS:The licementsi and'brelserago.(4 named below areicollecOvely:reftered to as2Tiroket,instrattion 1*Vining Jo:-AttehT:Set 1 et ar.d toyer direct closing agent to daborsa at dosing the foe areoUrtt of roe brokerage Tees assperthed b Separate .4* Wattage-Ottte•OMOO ta With-the parties and cooperative agreements between the brokers extern to the extern.Ibeket has ill ,..letatned such fees from the est-or/rod tun&ln the absonce of such brokerage scineernents,&rano spent will disburse famkerage -ase'fest as Indicated below...Ws paragraph will not be used to modify any PILS or other cities of compensation medt by Seller or vs' dialog choker to rooperadng brokers. , . Diode(Schutz . Downirm..Frye Pantry.Inc:,, isit.Seim satitAssedisofekessalie._ Seleepfteeeiteaerefiree.-PertatettkathatalWre. '• :au, Cycle C.,Otgoby' Circle C..Otlitty Realty%lac.: . Air:cisdoeSonsiteedenceum-'":---le-res.' , 4-ttrnW ttoWtw4Wafie.' hwts!sthott1WsttatathttO•---. .— 354: .AD14710r1M TERMS sir•is,.1.,)gomoNAL!Elms; "closingd ate to be 46 daya otter approval of acoridgional bee as a rfeePlt bylogerCooniy. ,j3r Closing airritnai beister 1 .;ir-fl rne,*is-Vre'rthe iratica of tho Irspeetionbigiy,period.it this treatanctlEilt Wi ran ilar dosed,tisk contact shalt valet tonninged. moot s collar ewer:Mon Unless'ectErvitd by a coal signoby the padies.in ...iii Irso.swent itnittrin boyar:Mot made a oil lath Merin to receive rt condemn'use for the property endless ten rooelted i"- -"'-' :;itx cnntionttlse WilSi torcaro Ce lina C er ir-el-l'l ' •g n•oens"i ace tce s,boysod —a p—coita 0 so. of.apsnint.by the tompirotiM Mto,Woo:oasts made herounder that be women in the tr.lyes, Sar•,*.,_. 'rt-Y'00f at hroA tribe proWatitatita'3 deyeaflet voter-Aim alba oontractby-ieWiliii buyer. Ur • lir • . , ' . . . . .... • . ..... . •• , . . . Ilk ni• , - • - .. , - , „ ,... Or 1 M. .. . . . . „ .. . . ea. t , --- ..t...... ..........— , - ,,,• I my Buyer 0-)101.1)and Salle ‘ t_____)acknowlertexeceipt of;copy ON*one:which is Nat! of-Ped. es . Ore,atter as;ter7 FI9:44 AteaCtetion et • s9 Metes ituvtet Wet ISITP44401.37.2Ces1.76- ft-tiirtS i 11)W i(...1 I v I . 1 III I ........._ ,,••1','-",,' S . . . . atie,. •• — . .. . . . .. . . . . . . . .. ... . . . • 3566 J . . --- —, ,....---.. , • . .. ' . . ..... , . ... • . , . $72____. . ,- /M 164/5.11*ALid tP.!*$4VO.Vii.k flan Car.rtr5P4j1.5**1161170glirritodd..stakth4advJU 0!ili!,ititlf14P060.to 5101569y . . . xa •0.FFER Aso AcaptAria . .• w tchfdr if Okikkii El SDI'et teteteed A written tezi PreloeftY dig losteetta Sensent from,Solies before making this Offer) ve Buyer offers 6nsirciso. the Property on the above terms and tsmditions.Unless tills Contract it ti.gned by S.far and a elm ropy defoorted to Buyer no bterthan 5:00 0 a zn.-Of p.M..6:41„............40.11...L5 . ,20....4....—this offer Mil be 561 IWO kr,..,3 anstaftlyees deposit reftirW est sable a ims.lvitence of hoists., . , .. .015,,,.„, .(INSIVIVII OtTallelE(11131% . ., 4 ...,.1._fttliarkountersillYeee Pffetft9 4C,CePt the counter.tdresilluyermustsipp"Qf 411.011 the.eoirnterldkred terms end delteer a -MN (opl.of . khe eccrptance to SeitteAdestp - f . el.,tf te:' fer4e -'" ee,.'et any tme d'eurk's et101 be 2<tail ftlo, as.the dairitpe tdarnet 4 deityt•red..1,21Sellert , ,,eeellefai , gectl .7 •• " . ,..ji__,,, sar,taare: I I Sweat, :...111111111111. •• , " . Zi; Si1111*.i.°141AR •4A Ft' „svo, . •Piertnatner •' c--!• .M,C)eibteWela`ft like'''';',.'416)70 COINE!ew' la?' 11 fats, , „,, ...Date: 1-,--f La .:tuyan: '. . Pi'---&-li. • el.el - ,4'0*tronr.:.. \ j' (_1•......, ti, a 61--..4,. --- — 5?r•.FWC, .. •- . .— - ' :ftickess. .... • . - . 111.fringe . . n,Dam, 7.....A —,i3 5...oerni:,.. 'I r . 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Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Fiddlers Creek Homeowners Association Mailing Address: 5067 Tamiami Trail East City: Naples State: FL Zip: 34113 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: ?ROPEi, INFO On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: 00736400000 Plat Book: Page#: Section/Township/Range: 11 /51 /26 Subdivision: N/A Lot: Block: Metes & Bounds Description: See Attached Sheet Size of Property: 400 ft, X 400 ft. = 136,342 Total Sq. Ft. Acres: 3.13 Address/General Location of Subject Property: South side of US 41,just East of Manatee Road 2/12/2014 Page 4 of 12 DESCRIPTION (0.R.B. 1542, PAGE 1517) BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF SECTION 11, TOWNSHIP 51S, RANGE 26E, COLLIER COUNTY, FLORIDA AND THE SOUTHERN BOUNDARY OF THE RIGHT--OF--WAY OF U,S. HIGHWAY 41, PROCEED SOUTHEAST*, ALONG SAID RIGHT--OF-WAY OF U.S. HIGHWAY 41 A DISTANCE OF 400 FEET TO A POINT; THENCE SOUTH 400 FEET TO A POINT; THENCE NORTHWEST, ALONG A LINE PARALLE:L TO THE _ SOUTHERLY BOUNDARY OF THE RIGHT-OF-WAY OF U.S. 41 A DISTANCE OF 400 FEE T TO A POIN T; THENCE 400 FEET TO THE POINT OF BEGINNING. ALL THIS LAND BEING WITHIN SECTION 11, TOWNSHIP 51S, RANGE: 26E, COLLIER COUNTY, FLORIDA. • Col ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N A Urban Residential Fringe S PUD Urban Coastal Fringe E PUD Urban Coastal Fringe&Urban Residential W A and RSF-3 Urban Coastal Fringe If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: Plat Book: Page#: Property I.D. Number: Metes& Bounds Description: CONDITIONAL USE REQL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00,of the A zoning district for Church (type of use). Present Use of the Property: vacant 2/12/2014 Page 5 of 12 Co(ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 JATION Cr''ERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so,what was the nature of that hearing? No Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ No ❑Yes (If yes please provide copies.) 2/12/2014 Page 6 of 12 PROJECT NARRATIVE a. Consistency with Land Development Code and Future Land Use We believe this application for a Conditional Use to allow a church in the A Zone is consistent with the Land Development Code and Future Land Use because churches are allowable with approval of a Conditional Use Application.. A Rezone or Comprehensive Land Use Change are not required. The approval of this conditional use should not have a negative impact on adjacent properties. b. Ingress and Egress Ingress and egress to the property is from US 41,. This section of US 41 is scheduled to be expanded to 6 lanes in the near future Vehicle access will be accomplished with a right turn in,right turn out,driveway connection.. the connection will be designed in accordance with FDOI and Collier County Regulations and will have all appropriate signing and marking so as to be safe for vehicle and pedestrian traffic, c. Effect on Neighboring Properties We don't anticipate any negative impacts to neighboring properties.. The 6 lane US 41 Highway will separate this property from its undeveloped neighboring property to the north. The neighboring property to the west is a public school and is separated from the subject parcel by a canal. It is my understanding that the adjoining property on the south and east sides,will be utilized for a public library and a fire station in the future,neither of which would be negatively impacted by a church. d. Compatibility with Adjacent Properties The applicant believes that this proposed church will be compatible with the adjacent properties which consist of an existing public school and a future library and fire station., Landscape buffering and setbacks as per Collier County Code will make the site attractive.. Coen County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST a-rPLICP -FIRMA ice: Name of Applicant(s): Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. Address: 3185 Aviamar Circle #201 City: Naples State: FL ZIP: 34114 Telephone: Cell: 239-682-2255 Fax: E-Mail Address: GMOAMO @GMAIL.COM Address of Subject Property(If available): no site address City: State: ZIP: _EGAL DESCRIPTION Section/Township/Range: 11 X51 /26 Lot: Block: Subdivision: N/A Plat Book: Page#: Property I.D. Number: 00736400000 Metes & Bounds Description: See Attached SEWAGE JISPOSAL TO B - , )ED Check applicable system: a. County Utility System x b. City Utility System I c. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant I I (GPD Capacity): 534 e. Septic System OF WATER SERVICE TO 'OVIDE a. County Utility System x b. City Utility System ❑ c. Franchised Utility System PROVIDE NAME d. Private System (Well) Total Population to be Served: 1 Unit Peak and Average Daily Demands: A. Water-Peak: 1.7 GPM Average Daily: 534 B. Sewer-Peak: 1-7 GPM Average Daily: 534 2/12/2014 Page 7 of 12 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Developer will construct an onsite sewage lift station and connect to an existing force main within the US 41 Right-of-Way. County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. The owner will make whatever dedications of facilities or easements that are required by the County. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 2/12/2014 Page 8 of 12 CodLer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 RECORDING DEVELOPER COMMITME Within 30 days of adoption of the Ordinance,the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 2/12/2014 Page 9 of 12 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 'tFii a 'EMLN ECKIi:r See Chapter 3 C.1. of the Administrative Code for submittal requirements. This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County 1,81 ❑ website) Cover letter briefly explaining the project 1 181 I I Pre-Application Notes 1 I I n Affidavit of Authorization signed and notarized 2 I I ❑ Addressing Checklist signed by Addressing Department 1 _ Warranty Deed(s) 3 I I Boundary Survey 3 I I I I Conceptual Site Plan 24"X 36" plus (one 8/2 X 11 copy) Plans showing proposed location for utilities, if required n Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees 18 I I I I protected by County regulations, if required Plans showing the proposed signs and lighting, including type, I I dimensions, and character, if required Architectural Rendering of Proposed Structure(s) 4 ❑ ❑ Aerial photographs(taken within the previous 12 months min. scaled 1"=400'), showing FLUCCS Codes, Legend, and project 5 I boundary Statement of utility provisions (with all required attachments& 1 sketches) Environmental Data Requirements 3 I I ❑ Traffic Impact Study(TIS)or waiver 7 n 1 I Historical and Archeological Survey, or waiver 4 Electronic copy of all documents and plans * Please advise:The Office of the Hearing Examiner requires all 1 I I I I materials to be submitted electronically in PDF format. * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 2/12/2014 Page 10 of 12 S &9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliersov.net (239)252-2400 FAX:(239)252-6358 FEE REQUIREMENTS 11 Conditional Use Application Fee:$4,000 00 o When filed with Rezone Petition:$1,500-00 a Additional fee for 5th and subsequent reviews:20%of original fee 6 Estimated Legal Advertising Fee for the Hearing Examiner or CCPC:$925 00 0 Estimated Legal Advertising Fee for the BZA,if required:$500 00 ✓ FirE RE view w Ftt : i 15o. ° All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 11 / iy Applican :to - Date f Gregory Ontko Printed Name ti i 2/12/2014 Page 11 af22 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Gregory M.Ontko (print name), as President (title,if applicable)of Marco Island congregation of Jehovah's Witness Naples FL Inc. (company, If applicable), swear or affirm under oath,that I am the(choose one)owner IN applicantncontract purchaser) land that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize H.L.BENNETT to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fats stated m it are true, t Signature Date STATE OF FLORIDA COUNTY OF COLLIER // The foregoing instrument was sworn to(or affirmed)and subscribed before me on I 1 ( I 5 (date)by 6at.1041 4Th. V1rtk>, (name of person providing oath or affirmation), as G(Lei 041 m• oar O who is personally known to r who has produced (type of identification)as identification. STAMP/SEAL Signature of Notary Public Pamela E Fromm r` NOTARY PUBLIC tog y STATE OF FLORIDA ''' -' Comm,/FF021680 Expires 5/27/2017 CP\O8-COA-001151155 REV 3/24114 18A )) Friday,January 2,2015 )) NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 22, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO.CU-PL20140000921 -Marco Island Congregation of Jehovah's Witnesses, Naples, FL, Inc. requests a Conditional Use to allow a church within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for property located on the south side of Tamiami Trail East, one quarter mile east of Manatee Road, in Section 11, Township 51 South, Range 26 East, Collier County, Florida. w � � `.CN MONO CYPRESS NAPLES RESERVE 3 2 POM�E 6 ■ !RE P'J 9y9M v, PROJECT F'/;max sf.~'-' LOCATION ¢ LU(ES y 10 n Niz,rersm Asa/BUSINE CPA NAPIEESS SILVER LANES MARCO SNORES/ EK ` CMS i1DOL(.1)CREEK I.\ PELICAN LAKE OCOKR • PRESERVE 5 14 13 MARCO SNORES/EIOOEERS CREEK 18 (ORS All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner 1 EXHIBIT Collier County, Florida No.23113918 _ January 2,2015 n n•' 1 d/22'iS UNV