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HEX Backup Documents 08/13/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS AUGUST 13, 2015 AG ENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,AUGUST 13,2015 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING ENE PLL ANNING&R REGULATION BUILDING,2800 N. HORSESHOE HEARING EXAMINER.SPEAKERS PERSONS ONS WISHING TO HAVE WRITTEN OTHERWISE WAIVED BY THE MATERIALS HEARING EXAMINER. PERS 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 ANUCE EVIDENCE THE WHICH INTHE IS APPEAL MADE,IS TO BE BASED. INCLUDES THE TESTIMONY DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, it PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL.HING TO RECEIVE A i EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS NAME,COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY ORP WITH THEIR WISHING TO AND A STAMPED, SELF-ADDRESSED ENVELOPE 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: 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. ZVL-20150000829 - Del Mar Retail Center Condominium Association, Inc. requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet et daycare,boarding and grooming with no outdoor kenneling,artificial flowers-retail,pet et ble t food store,pet retail telephone services, retail picture frame shops, and kidney dialysis are comparab le to other permitted commercial principal uses in Tract "B" under Section 3.2(A) on the Wildwood Estates PUD, Ordinance No. 81-27, as amended. The subject property is located north side of Davis Boulevard, approximately one-quarter mile east of Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±3 acres. [Coordinator:Fred Reischl,AICP,Principal Planner] B. PETITION NO.CU-PL20140000998—Diocese of Venice in Florida,Inc district pursuant a Conditional t Sec Use to allow a church use within a Residential Multi-Family-6 ( expansion g d district i to Section 2.03.02.B.1.c.I of the Collier County Land Development Code for an located south of Main Street(SR. 29) at the southwest quadrant adrant Collier County,intersection of da.[Coordinator:S et S. an Boston Avenue,in Section 4,Township 47 South,Rang e Eric Johnson,AICP,CFM,Principal Planner] C. PETITION NO.VA-PL20140002328—Paul Wassberg requests a variance from Section 4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for construction of a proposed pool and screen enclosure on property located at 3250 Collee Court, approximately one-quarter mile south of the intersection of Tamiami Trail East and Airport-Pulling Road in Section 14, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Eric Johnson, AICP,CFM,Principal Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN HEX August 13, 2015 ZVLPL20150000029 Wildwood Lakes—Del Mar Retail Center July 17, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on enter day and enter month, 2014,and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Growth Management Department, Zoning Oiviuion, Zoning Services SeoUon, 2800 North Horseshoe Dhve, Naples, Florida 34104. The advertisement must be a 1/4 gage mdvwrtiswnment, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement not be placed in that portion of the newspaper where legal notices and classified advertisements appear. DIVISION:ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 ~ : _ Authorized Designee signature for HEX Advertising 9L 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,August 13, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. ZVL-PL20150000829 — Del Mar Retail Center Condominium Association, Inc. requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers-retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted commercial principal uses in Tract "B" under Section 3.2(A) of the Wildwood Estates PUD, Ordinance No. 81-27, as amended. The subject property is located on the north side of Davis Boulevard, approximately one- quarter mile east of Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of 3± acres. 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 Department, Zoning Division, Zoning Services Section, 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 Division 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 Martha S. Vergara From: Rodriguez, Wanda Sent: Friday, July 17, 2015 3:44 PM To: Minutes and Records Cc: Reischl, Fred; Stone, Scott Subject: FW: Ad Request ZVL-CUD-PL20150000829 Wildwood Lakes Attachments: Ad Request - signed.pdf; Ad Request.docx The title in the ad request is correct. The run date on the first page is not filled in; please process this ad request to run on Friday, July 24, 2015. Also, as it is not a display ad, it does not need to be a 1/4 page ad and it may run in the regular legal notice section of the paper. Wanda Rodriguez, ACT Advanced Certified TaraCegaC Office of the County attorney (239)25z-8400 From: ReischlFred Sent: Friday, July 17, 2015 3:39 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; RodriguezWanda; NeetVirginia; KendallMarcia; LangAshley Subject: Ad Request ZVL-CUD-PL20150000829 Wildwood Lakes Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing.There is NO MAP for this type of ad. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net ft4 er 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 Martha S. Vergara From: Reischl, Fred Sent: Friday,July 17, 2015 3:39 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Rodriguez,Wanda; Neet,Virginia; Kendall, Marcia; Lang, Ashley Subject: Ad Request ZVL-CUD-PL20150000829 Wildwood Lakes Attachments: Ad Request - signed.pdf; Ad Request.docx Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing.There is NO MAP for this type of ad. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net c �o rer toelnty 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 Acct #076397 July 17, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: ZVL-PL20150000829, Del Mar Retail Center Condominium Association, Inc. Dear Legals: Please advertise the above referenced Notice on Friday, July 24, 2015 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154426 July 17, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 24, 2015, and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising P1 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,August 13,2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, Florida 34104,to consider: PETITION NO. ZVL-PL20150000829 — Del Mar Retail Center Condominium Association, Inc. requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers-retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted commercial principal uses in Tract "B" under Section 3.2(A) of the Wildwood Estates PUD, Ordinance No. 81-27, as amended. The subject property is located on the north side of Davis Boulevard, approximately one- quarter mile east of Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of 3± acres. 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 Department, Zoning Division, Zoning Services Section, 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 Division 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 Martha S. Vergara From: Martha S. Vergara Sent: Monday,July 20, 2015 3:20 PM To: Naples Daily News Legals Subject: PUDA-PL20150000178 Briarwood PUDA Attachments: PUDA-PL20150000178 Briarwood (CCPC 8-20-15).doc; PUDA-PL20150000178 Briarwood (CCPC 8-20-15).doc; PUDA-20150000178 Briarwood (CCPC 8-20-15).pdf Legals, Please advertise the following attached ad Friday, July 31, 2015 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Thursday, July 23, 2015 9:35 AM To: Martha S. Vergara Subject: RE: ZVL-PL20150000829 Wildwood Lakes ok Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.clori a(�,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 From: Martha S. Vergara [mailto:Martha.Vergara(acollierclerk.com] Sent: Thursday, July 23, 2015 9:32 AM To: Legals NDN; Gori, Ivonne Subject: ZVL-PL20150000829 Wildwood Lakes Importance: High Legals, Please advertise the following attached ad Friday, July 24, 2015. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Ivonne, can this be placed in tomorrows paper.. no map! Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Thursday, July 23, 2015 9:39 AM To: Martha S.Vergara Subject: 2062385 Ad Confirmation Attachments: UASF485.jpg Importance: High Please find attached a proof for your review and approval,for Publication tomorrow Friday,July 24th, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 07/23/15 Publication NDN Account Number 787098 Ad Number 2062385 Total Ad Cost $317.76 1 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, August 13, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 6091610, Naples, Florida 34104, to consider: PETITION NO. ZVL-PL20150OOO829 Del Mar Retail Center Condominium Association, Inc. requests Raffirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 1040 .06. in which County staff determined that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and roaring with no outdoor kenneling., artificial flowers retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and`kidney dialysis are comparable ;i in nature to other permitted commercial ial principal uses in Tract x1111 under Section 3.2(A) Of the Wil l rood Estates PUl , Ordinance No. 81-27, as amended. The subject property is, located on the north side of Davis Boulevard, approximately one-quarter mile astof Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of 3± acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Cxar finer, 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 Department, oning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, EL. The I-tearing Examiner's decision becomes Final on the date rendered. If a person decides to appeal any decision made 1 y the Collier County ilearing 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, width record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability rho needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. Please contact the Collier .County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112.5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Jult 24, 2015 No. 2 0 23 5 Martha S. Vergara From: Martha S. Vergara Sent: Thursday,July 23, 2015 9:41 AM To: Rodriguez, Wanda (WandaRodriguez @colliergov.net); Reischl, Fred; Ashton, Heidi Subject: ZVL-PL20150000829 Wildwood Lakes Attachments: UASF485.jpg Importance: High Morning All, Attached is the Wildwood Lakes ad proof, please review and let me know of any changes ASAP. Thanks, Martha 1 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, July 23, 2015 9:51 AM To: Rodriguez, Wanda Subject: RE: ZVL-PL20150000829 Wildwood Lakes Awesome, thanks Wanda! Original Message From: Rodriguez, Wanda Sent: Thursday,July 23, 2015 9:50 AM To: Martha S. Vergara Cc: Reischl, Fred; Ashton, Heidi Subject: RE: ZVL-PL20150000829 Wildwood Lakes Looks good, OK to proceed. Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 Original Message From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Thursday,July 23, 2015 9:41 AM To: RodriguezWanda; ReischlFred; AshtonHeidi Subject: ZVL-PL20150000829 Wildwood Lakes Importance: High Morning All, Attached is the Wildwood Lakes ad proof, please review and let me know of any changes ASAP. Thanks, Martha 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. Martha S. Vergara From: Reischl, Fred Sent: Thursday, July 23, 2015 10:08 AM To: Rodriguez, Wanda; Martha S.Vergara Cc: Ashton, Heidi Subject: RE:ZVL-PL20150000829 Wildwood Lakes Thanks, Martha - looks good! Original Message From: RodriguezWanda Sent:Thursday,July 23, 2015 9:50 AM To: Martha S.Vergara Cc: ReischlFred;AshtonHeidi Subject: RE: ZVL-PL20150000829 Wildwood Lakes Looks good, OK to proceed. Wanda Rodriguez,ACP Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 Original Message From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent:Thursday,July 23, 2015 9:41 AM To: RodriguezWanda; ReischlFred; AshtonHeidi Subject: ZVL-PL20150000829 Wildwood Lakes Importance: High Morning All, Attached is the Wildwood Lakes ad proof, please review and let me know of any changes ASAP. Thanks, Martha Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-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 Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Thursday,July 23, 2015 10:01 AM To: Martha S. Vergara Subject: RE: 2062385 Ad Confirmation Thank you, released. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Original Message From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent:Thursday,July 23, 2015 9:52 AM To: Gori, Ivonne Subject: RE: 2062385 Ad Confirmation Ivonne, The legal dept. has reviewed and approved this ad, please proceed with publishing as requested tomorrow, Friday,July 23, 2015. Thanks! Martha Original Message From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent:Thursday,July 23, 2015 9:39 AM To: Martha S.Vergara Subject: 2062385 Ad Confirmation Importance: High Please find attached a proof for your review and approval, for Publication tomorrow Friday,July 24th, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News COLLIER COUNTY HEX LAURA WELLS 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE: 076397 59775623 NOTICE OF PUBLIC HEP NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County State o f Florida Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,August 13,2015,in the Hearing Counties of Collier and Lee Exams Meeti e o sRoom, at 2800 North Horseshoe Drive, Room 609/610, Naples, Before the undersigned authority, persor PETITION NO. ZVL-PL20150000829 - Del Mar Retail Center Condominium appeared Dan McDermott, says that he serve Association, Inc. requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined-that the proposed uses of judo/karate instruction, yoga, pilates, Inside Sales Supervisor, of the Naples Dal fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers-retail, pet food store, pet a daily newspaper published at Naples, in shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted commercial principal uses in Tract "B" County, Florida: distributed in Collier under Section 3.2(A) of the Wildwood Estates PUD, Ordinance No. 81-27, as amended. The subject property is located on the north side of Davis Boulevard, and Lee counties of Florida; that the att6 approximately one-quarter mite east of Santa Barbara Boulevard, in Section 4, Township 50 South,Range 26 East,Collier County,Florida,consisting of 3°acres. copy of advertising was published in said newspaper on dates listed. All interested parties are invited to appear and be heard. All materials used in Affiant further says that the said Naple presentation before the Hearing Examiner will become a permanent part of the News is a newspaper published at Naples, ± record. Collier County, Florida, and that the said Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800.North Horseshoe Drive,Naples,FL. newspaper has heretofore been continuous) Y The Hearing Examiner's decision becomes final on the date rendered. If a person day and has been entered as second class 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 matter at the post office in Naples, in s 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 Collier County, Florida, for a period of I evidence upon which the appeal is to be based. next preceding the first publication of th 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 attached c0 of advertisement; and affian of certain assistance. Please contact the Collier County Facilities Management PY Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,. further says that he has neither paid nor (239)252-8380,at least two days prior to the meeting. promised any person, firm or corporation a MarkStrain, • discount, rebate, commission or refund for Chief Hearing Exl radar July e4 County, No 2062385 purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/24 AD SPACE : 96 LINE FILED ON: 07/24/15 Signature of Affiant !_ ,�� °'��trA Sworn to and Subscribed befo e me thi day of 20 Personally known by me u lda Commission•FF 900970 My Comm.Expires Ju111,2019 ffgran l fh,n ,h N,finrol GWvv 6ccn OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP DATE: August 26, 2015 RE: Hearing Examiner Decision(s) from August 13, 2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on August 13, 2015. Attachments: HEX No. 2015 —31 HEX No. 2015 —32 HEX No. 2015 —33 [05-COA-01253/813782/1]744 HEX NO. 2015—32 HEARING EXAMINER DECISION PETITION NO. ZVL-PL20150000829 — Del Mar Retail Center Condominium Association, Inc. requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers-retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted commercial principal uses in Tract "B" under Section 3.2(A) of the Wildwood Estates PUD, Ordinance No. 81-27, as amended. The subject property is located on the north side of Davis Boulevard, approximately one-quarter mile east of Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of 3± acres. DATE OF HEARING: August 13, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition is approved. DECISION: The Hearing Examiner hereby approves Petition No. ZVL—PL20150000829, filed by Robert Mulhere, FAICP, representing Del Mar Retail Center Condominium Association, Inc., requesting approval of a zoning verification letter determining that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers-retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted uses in Tract "B" under Section 3.2(a) of the Wildwood Estates PUD, Ordinance No. 81-27, on the property described herein, and affirms staffs determinations as stated in the Zoning Verification Letter attached as Exhibit "A", subject to the condition(s) set forth below. [15-CPS-01446/1200597/1]32 1 of 2 ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL—PL20150000829 LEGAL DESCRIPTION: See Ordinance No. 81-27, the Wildwood Estates PUD. CONDITIONS: 1. Each requested use shall be limited to 20% of gross building floor area, except SIC 7991 (limited to fitness facility/gym) and SIC 7999 (limited to judo and/or karate instruction, yoga, and pilates) shall each be limited to 25%. 2. Each use within SIC 0752 (limited to pet daycare, boarding and grooming) shall be "indoor only". APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 6 - 2d1c ar cu l Date MStrain, Hearing Examiner Appro ed as to orm and legality: Scott A. Stone Assistant County Attorney [1 5-CPS-01446/1200597/1132 2 of 2 Co P County Growth Management Department Zoning Division May 21,2015 Robert J. Mulhere, FAICP Mulhere & Associates, LLC 430 Robin Hood Circle, Suite 102 Naples, FL 34104 Re: Zoning Verification Letter ZVL (CUD)-PL20150000829; Wildwood Estates PUD, Collier County,Florida, Multiple Folio Numbers Dear Mr. Mulhere: Thank you for your request for a Comparable Use Determination. The subject property is zoned Wildwood Estates Planned Unit Development(PUD). You requested a determination that the following uses are comparable with the permitted uses in the PUD: judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding & grooming with no outdoor kenneling, artificial flowers — retail, pet food store,pet shops, retail telephone stores,retail picture frame shops and kidney dialysis. Your request states that these uses are limited in size and scale and that the traffic impacts would not substantially affect the existing retail center and surrounding areas. Staff agrees that most of the uses are permitted in the C-3 zoning district and would be compatible with the other uses in the PUD. The uses of judo/karate instruction, yoga, pilates and kidney dialysis are permitted uses in the C-4 district; however, Staff agrees that they can operate without impacts to the size and scale and traffic of the neighborhood. The Zoning Division has issued four Zoning Verification Letters between 2006 and 2014 requesting comparable use determinations (attached). In addition, The Zoning Director issued an Official Interpretation in 2012 (attached). Based on the research above and in the application, the Planning Manager has determined that the requested uses are comparable and compatible to the other permitted uses in the PUD and are therefore permitted uses. This determination shall be affirmed by the Hearing Examiner to become valid. Exhibit A Page 1 of 3 2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at(239) 252-4211 or fredreischl @colliergov.net. Researched and prepared by: Reviewed by: • Fred Reischl, AICP, Principal Planner Raym./. V. Bellows, Zoning Manager Planning&Zoning Planning&Zoning cc: Laurie Beard,PUD Monitoring Anis Moxam,Addressing Exhibit A Page 2 of 3 C 13 D U a`) v m m m er m en �t d U U U U U U U U tn aJ E to L W lil a) C Ca H E a) CI o o L 0.. to Q fA bp N Y Y (6 W rC O Q 0 Li v) -O a) p L 4..I Q > O Q _ -ci hop A O . O O co a O >- = v) 4.4 N b0 U N Y ,_ c Q tL0 as � c -0 i c __c c a- co v au v> p' + W ; 0 f6 ca CU _m T cu C H f6 V U C ..O C In c �_ N N El-2' l. p N — ll - v m N - tn 41 C .—U _ N CO E _ Y 3 7 ✓� f0 vs U) C f0 T a.+ 7 C 4) a) Q d cc d Q _ 0 al r-I N t.f1 CO N Ol N LI1 Ol N VII N o o0 Exhibit A Page 3 of 3 AGENDA ITEM 4-A Co er Count STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: AUGUST 13,2015 SUBJECT: ZVL(CUD)-PL20150000829, WILDWOOD ESTATES PUD PROPERTY OWNER/APPLICANT/AGENT: Owners: 7795 Davis, LLC Del Mar 108, LLC Del Mar Davis, LLC Doria Investments, LLC (See attachments from the Florida Department of State, Division of Corporations, for addresses,agents and officers.) Applicant: Del Mar Retail Center Condominium Association, Inc. 2614 Tamiami Trail North; Suite 615 Naples, FL 34103 Agent: Robert J. Mulhere, FAICP Mulhere&Associates, LLC 430 Robin Hood Circle,#102 Naples, FL 34104 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) affirm a determination by the Planning Manager that the proposed uses of Amusements (judo, karate, yoga, pilates), Physical Fitness (fitness facility, gym), Retail (florist), Museums (art gallery), Personal Services (tanning salon), Animal Specialty(pet daycare, indoor boarding, grooming), Retail (artificial flowers, pet food store, pet shop,telephone sales,picture frame shops), and Health (kidney dialysis) are comparable and compatible to the other permitted uses in the Commercial District (Tract B) of the Wildwood Estates PUD (Ordinance Number 81-27). EXHIBIT ZVL(CUD)-PL20150000829 Page 1 of 6 2 si/gl/5 Wildwood Estates PUD wa n GEOGRAPHIC LOCATION: The Wildwood Estates PUD is 60± acres in size, on the north side of Davis Boulevard east of Santa Barbara Boulevard. The property affected by this decision is the 3± acre Commercial parcel (Tract B). SURROUNDING LAND USE & ZONING: Subject Site: Developed commercial center(highlighted below) North: Residential multifamily homes; zoned Wildwood Estates PUD East: Property that serves as a Landscape Buffer Easement, Access Easement and Drainage Easement of the Madison Park subdivision; zoned Twelve Lakes PUD South: Davis Boulevard ROW, across which is a Preserve Tract of the Firano subdivision; zoned Cook Property RPUD West: Wildwood Lakes Boulevard ROW, across which is a parking lot for New Hope Ministries CFPUD _, —t 'i';I e u j M " t It(1, f a +�`�� , tk I ?'F y -a s Afsrie 6J �` A4!. ,, ', _ C .' . �..-- or. 4i� R L , t � r .tiro . . i. r4,- . . _ - t. . X V "dad `- + Q 74*j. Aerial Photo(CCPA) ZVL(CUD)-PL20150000829 Page 2 of 6 Wildwood Estates PUD 5 H '. , , . } , ,','4, , .4 it r . 1,..T. *i -+ .fo`1 4-- '. ' ' ri ° i , ' 4 ° , ' L.** 4faift.,.. -. t I ''' , W Y V° # tit i - . • `, h / .4. -7.„- „ . may `*` t ' t t y� � .{Fe Aerial Photo(CCPA) PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to add several uses to Section 3.2.A of the Wildwood Estates PUD. Permitted Principal Uses and Structures. Those uses are: Amusements(judo, karate, yoga,pilates), Physical Fitness(fitness facility, gym), Retail(florist), Museums(art gallery), Personal Services(tanning salon), Animal Specialty(pet daycare, indoor boarding,grooming), Retail (artificial flowers, pet food stores, pet shop, telephone sales, picture frame shops),and Health(kidney dialysis). Section 3.2.A.18 of the PUD states "any other convenience commercial use which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the District” are also Permitted Uses in Tract B. Section G.6 of the Administrative Code outlines the two situations in which a Zoning Verification Letter can go to the HEX for approval: 1) If the PUD ordinance language identifies the Board of Zoning Appeals as the authority to determine a use is comparable, compatible and consistent, or 2) If the PUD ordinance language identifies the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent. The Wildwood Estates PUD identifies the Planning Director, and is therefore eligible to be affirmed by the Hearing Examiner. ZVL(CUD)-PL20150000829 Page 3 of 6 Wildwood Estates PUD The subject PUD was approved in 1981 which predated the adoption of the current Growth Management Plan (GMP) and Future Land Use Element (FLUE). Even though this commercial center is not located within an Activity Center, this commercial tract was deemed consistent with the Comprehensive Plan at the time of approval. The list of permitted uses in this PUD is allowed in the Commercial Intermediate(C-3) district and are typically allowed in shopping centers. The applicant requested a Zoning Verification Letter (ZVL) from the Planning Manager. This hearing is to seek affirmation of that opinion by the HEX. ANALYSIS: The Applicant provided analysis describing convenience commercial uses with which Staff agrees. The uses should include shopping or service needs of the surrounding residential neighborhoods. The Applicant provided copies of four Zoning Verification Letters (ZVL) and an Official Interpretation (OI) pertaining to the subject property (Tract B). The ZVLs sought guidance on the uses of liquor store (not comparable), Church (comparable), Gaming Center (not comparable), and Jewelry Store (comparable). The OI determined that certain Health Care Uses as well as certain Professional Office Uses are compatible. The Wildwood Estates PUD does not utilize Standard Industnal Classification(SIC)Codes. Staff analysis produced the following chart using SIC Codes: Wildwood Estates PUD SIC Requested Use Permitted in 7999 Amusements(judo,karate,yoga,pilates C-4 (CU) 7991 Physical Fitness(fitness facility,gym) C-3 5992 Retail (florist) C-3 8412 Museums(art gallery) C-3 7299 Personal Services(tanning salon) C-4 0752 Animal Specialty(pet daycare, indoor boarding, grooming) C-3 5999 Retail (artificial flowers,pet food,pet shop, telephone sales, frames) C-3 8092 Health(kidney dialysis) C-4 The uses requested, in a retail center of this size,are uses that would serve the shopping and service needs of the surrounding neighborhoods. Therefore, it is the determination of the Planning Manager that, the requested uses are comparable and compatible to the other permitted uses in the Commercial District of the Wildwood Estates PUD. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on July 28,2015. ZVL(CUD)-PL20150000829 Page 4 of 6 Wildwood Estates PUD STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the uses of: Amusements(judo,karate,yoga,pilates), Physical Fitness(fitness facility, gym), Retail (florist), Museums (art gallery), Personal Services(tanning salon), Animal Specialty(pet daycare, indoor boarding, grooming), Retail (artificial flowers, pet food sore, pet shop, telephone sales, Picture frame shops),and Health(kidney dialysis) are comparable and compatible to other permitted principal uses in the Commercial District (Tract B)of the Wildwood Estates PUD. Attachments: A. Zoning Verification Letter. B. Wildwood Estates PUD C. Florida Department of State, Division of Corporations documentation C. Application ZVL(CUD)-PL20150000829 Page 5 of 6 Wildwood Estates PUD PREPARED BY: FREIREISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 7. za- RAYM 1 D V. BELLOWS,ZONING MANAGER DATE ZONIN; DIVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20150000829 Page 6 of 6 Wildwood Estates PUD Co ter County Growth Management Department Zoning Division May 21. 2015 Robert J. Mulhere, FAICP Mulhere &Associates, LLC 430 Robin Hood Circle, Suite 102 Naples, FL 34104 Re: Zoning Verification Letter ZVL (CUD)-PL20150000829: Wildwood Estates PUD, Collier County, Florida. Multiple Folio Numbers Dear Mr. Mulhere: Thank you for your request for a Comparable Use Determination. The subject property is zoned Wildwood Estates Planned Unit Development(PUD). You requested a determination that the following uses are comparable with the permitted uses in the PUD: judo/karate instruction, yoga, pilates, fitness facility, gym. florist, art gallery, tanning salon, pet daycare, boarding & grooming with no outdoor kenneling, artificial flowers — retail, pet food store,pet shops, retail telephone stores, retail picture frame shops and kidney dialysis. Your request states that these uses are limited in size and scale and that the traffic impacts would not substantially affect the existing retail center and surrounding areas. Staff agrees that most of the uses are permitted in the C-3 zoning district and would be compatible with the other uses in the PUD. The uses of judo/karate instruction, yoga, pilates and kidney dialysis are permitted uses in the C-4 district; however. Staff agrees that they can operate without impacts to the size and scale and traffic of the neighborhood. The Zoning Division has issued four Zoning Verification Letters between 2006 and 2014 requesting comparable use determinations (attached). In addition, The Zoning Director issued an Official Interpretation in 2012 (attached). Based on the research above and in the application, the Planning Manager has determined that the requested uses are comparable and compatible to the other permitted uses in the PUD and are therefore permitted uses. This determination shall be affirmed by the Hearing Examiner to become valid. ,f! '') Vi 110 it ,.,. 2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact. and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239)252-4211 or fredreischlrcolliergov.net. Researched and prepared by: Reviewed by: Fred eischl, AICP. Principal Planner Raym. . V. Bellows,Zoning Manager Planning&Zoning Planning& Zoning cc: Laurie Beard, PUD Monitoring Anis Moxam,Addressing tF• .I I • • i . .i • ORDINANCE 81-27 • • 1• AN ORDINANCE AMENDING ORDINANCE 76-30, THE • COMPREHENSIVE ZONING REGULATIONS FOR THE . UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING . ATLAS MAP NUMBER 50-26-2 BY CHANGING THE • ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED RROPERTY FROM "A" AGRICULTURE . TO "PUD" PLANNED UNIT DEVELOPMENTS PART . 02 SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST; AND BY PROVIDING AN EFFECTIVE DATE. • • WHEREAS, Wilson, Miller, Barton, Soll, and Peak, Inc., representing Don Bruns, Richard Kimbrel and R. Douglas Callender, has petitioned the Board of County Commissioners y .. : to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County a a Commissioners of Collier County, Florida! �f 0 ' SECTION ONE* ,i 4\ N, • The Zoning Classification of the herein desc;led rrr'h1f • J;' Z . . . property located in Section 4, Townbhip 50 South, rRang0,26 C ) East, Collier County, Florida is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the PUD Document attabbed hereto as Exhibit "A" which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Map Number 50-26-2, as described in Ordinance 76-30, is hereby amended accordingly. i. r tY :j n , Fri .- -■ _� .—Y.. c C. r In ` -o 7. - •Y ' '0 01_ O •,n aD .- • 603K � PACE c, y 3 .. . ; -- `10. yam. gwwN! 4 f {•--• 27-7 e w!11....71{..,. - - i• • .....e: wrr.ri ........4 . . � i . • . • . f 1 .: -7 . ti < ,CI y S N sw J �. w LAf'1ED UNIT DEVELOPMENT DOCUMENT '••Y .• a °•' '►• FOR YitLDDOOD ESTATES RESIDENTIAL DEVELOPMENT r r. V • t :+1,11 ' ,•, ^1 J Ul t . ftj=1 •C J .� •t. va i . • • I . • • li . $. DOCUMENT PREPARED BY: 'A • % . WILSON, MILLER, BARTON, SOLE 4 PEEK, INC. • (WAFAA F. ASSAAD, A.I.C.P.) i • • x; DATE ISSUED: June 3, 1981 . ' ' t DATE APPROVED BY CAPC: April 23, 1981 . ,• • DATE APPROVED BY BCC: Max 26, 1981 • ac. EXHIBIT "A" • • CONTAINING 9 PAGES • • rp r ' .4, w• . • , • �_ - ;.,., . • t • • tt i ' ' • I ti . .I . y . . c a- v w Q1 's r.y; It I r.: a r- INDEX -;' ..t v er.cg,� �i u • PAGE . o :'1 Y J C . • SECTION I: STZTEMENT OF COMPLIANCE & PROPERTY LESCRIPTION 1 SECTION II: RESIDENTIAL DEVELOPMENT REGULATIONS • TRACT "A" • •2-4 . . . T SECTION III:COMMERCIAL DEVELOPMENT REGULATIONS . TRACT "8" 5-6 • x 1 . SECTION IV: DEVELOPMENT COMMITMENT 7-8 • •a• i.'.1 I • IOU ell,PACE .1": ?ti -- --- .1 . • • • • I • I I ' S 41 . . .N 22 O J . ,C3 0.. W 4' • a... J G .4 fe C-, iu.w[t • d.../u' SECTION I 0o STATEI�NT OF COMPLIANCE & PROPERTY DESCRIPTION . 1.1. STATEMENT OF COMPLIANCE: • • The development of +60 acres of property in Section 4, • Township SO South, Rangp.76 East, Collier County, Florida, as a Planned Unit Development, will comply with the , • Planning and Development Objectives of Collier County. ' These objectives are set forth in the Comprehensive Plan 'which includes the Land Use Element, the Housing Eleieent and other growth policies, all of• which were adopted by • the Board of County Commissioners. In general, the . Wildwood Estates Planned Unit Development is in compliance with all applicable policies and regulations. • 1.2. LEGAL DESCRIPTION: • The East 1/2 of the East 1/2 of the Southwest 1/4 and the • West 1/2 of the Northeast 1/4 of the Southwest 1/4,Section 4, Township 50 South, Range 26 East, Collier County, Florida, less road right-of-way. }' il . ' Is . • C • • • 'i —1 Y' ' eooK 012 r�c� i .. . .. . . , 1 - .[ 171 f9 R N. A1 V ' • ° s ''� ° -. , to r .N r- In . Y J J tJ . .iG O QO . SECTION II i. RESIDENTIAL DEVELOPMENT REGULATIONS - TRACT "A" . 2.1. . PURPOSE! The purpose of this section is to set forth the ' regulations for the development of Tract "A" of this Planned Unit Development (+ 57 Acres). `1 2.2. PERMITTED USES AND STRUCTURES: No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole . • or'in part, for other than the following: • A. Permitted principal uses and structures ' 1) Multi-family dwellings . 2) On-site sewage treatment s disposal facilities . 3) Lakes and water management facilities ' 4) Project management offices and facilities 5) Manager's residence B. Permitted accessory uses and structures 1) Customary accessory uses and structures . 2) Signs Y i• 3) Recreation facilities • 4) Maintenance and utility buildings and facilities • , 2.3. MAXIMUM NUMBER OF DWELLING UNITS: • 14 A maximum of 710 dwelling units may be constructed on • Tract "A". 1• �"i_ -2- 60011 PAGE . y` ' . .,i; of . w . .., • . - • . • . . CO Z . . . . - • ' 111 ' . i . k. fy a • • .. . a, 4 a I • i L LI, 2 , i , t,. La . .4 44/gr . "•‘...I 14./ .. • . 1'" :" illt °:.7 • . :*"." +I • 113 C., ..... ., . . ...:i. . • , ., . . . . .111 .. . . - , !i. • . 1 • • • . r • . . 4 2.4. MINIMUM SETBACKS: r . . . . . A. From Tract boundary lines, or from the edge of the i pavement of a private road, Thirty (30) feet or a , • distance equal to one-half of the building height,' • . • • which ever is greater.. . . . . B. Between any two principal structures, fifteen (15) ' feet or a distance equal to one-half (1/2) the sum of • their heights, whichever is greater. - , . . • C. From edge of lake, twenty (20) feet. ' •. • . 2.5. MINIMUM FLOOR AREA OF PRINCIPLL STRUCTURES: A. Residential: Five Hundred (500) square feet for each • dwelling unit. . . . • . B. Non-Residentialt No minimum requirement. . , - . 2.6. MAXIMUM HEIGHT OF STRUCTURES: . A . . . Six (6) Stories. • 1 The maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood • S - Elevation Ordinance or from the finished grade of the lot , whichever is higher. .: 3, -s- .. ;1 1 i. . V / II/ .. ' -3- . . .:-; .• • . . . • .... .. . -.,-,:. ' . ,. • 1300K 012 fonala . ••.. ..,/ . • , •,.*:, . • ' • :"...) . .. • . .. . •,. ________ • • .•11 . . . , • i... . . ' . -..., • .I . . • . • .., . , -`" i \ • . . • • t I i' '`.1;1t14"•""7" : _.. , ..., ,, . . . ... . . . ,...., .....-..-.......,.. .,....._...... .—......—..... , . ' . . .. . 14=11 ' Mil • 7.:720 . • . .. , . . . . . . . . . ... . . . . . . . ...- • r'.: . . . . . . . . -• .•!it 1 . . •..t2!:A . .. . .•F' . .4 .1. . t1 0 •, NI . • CC , , en .4"%CI. •',.;..1,P ' U.I = ILO O') • ' .. Do• 0.. og 41 . ."la • j .4 13 C. = 0 S.0 :12.11a1 . 41 •C z I.) . .V . . ,...,./ 'v . ... . . ...I ....-. ,.. . ..... 0 •F.Yek . da 0 N • . . . .'. 2.7: MIN/MUM OFF-STREET PAUSING: 't'?•1 • .'"!'..N+. A. Efficiency and one (1) bedroom dwelling units, . . . . Two (2) off-street parking spaces per unit for the, . • first fifty (50) dwelling units and one and one-half * (1.5) off-street parking spaces for each additional dwelling unit thereafter. . . . . , . B. Two (2) or more bedroom dwelling units: . . . . '. Two (2) off-street parking spaces per dwelling unit. . . , 2.8. LIMITATIONS ON SIGNSt . . . . . . • ..• As permitted for multi-family zoning districts by the , zoning ordinance in effect at time of application for • building permit. ., . . . % . . . . . -... . ::. . , • . . , . i . • . . . . 4 0,' . . . N , ..7 . . a • - ■'. 73 + . t . +•),,, .'. ••• V 1.i . . . I.P•., • e.'':,It: k • • . . . ,•4 . I., .. . • ' • —4— ' , • • • c.- •. • yr,.F:.--• • 1:,.,`,...: . .. • .. • ':'-',rd, — : . . • ..':/.4 :1Y . „.. ' • ' • MU 012 rag2/4 . .:c..7.7.c . .... --. . . . ......:::::w*. —77 . . .. • . . . . . '' , '.;•1;''S' '''' . . , .. . . ' ; • . . • .:."IN"1 ' • . . . . • . , . . . , • . . . . . . . .. . . . • • '. '• 4:;'7",' • • . .. _ ... . ..._ . ..... _. . . , .. .,. .. . . . ..... , ..„ .._... ._..----_____,......._.. ..,...... 0 _",�1 . N 1=O o °' E Al r" SECTION III , • `: per', m .•• ' • ''J COMMERCIAL DEVELOPMENT REGULATIONS -, TRACT "D" • • • G ez :a yt V ]t. .PURPOS$ez • `;T a se of this section is to set forth the -`reguTat ns for the development of Tract "B. of this ev Plannednit Development (+ 3 Acres). t 3.2. PERMITTED USES AND STRUCTURES: No building or structure, or part thereof, shall be 1 erected, altered or used,' or land or water used, in whole ' or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Automobile service stations without repairs*. C-2 • (2) Baker shops - including baking only when C-3 • incidental to retail sales from the premises. 4m0 • (3) Barber and beauty Shops. C-I • . • (4) Bicycle sales and service. G-3 e c 4 (5) Delicatessens. c.-3 • (6) Drug Stores G• 3 . • (7) Dry Cleaning - collecting and delivery only•C-Z•lot-5 (8) Food markets. C- 3 - (9) Hardware stores.C- - • (10) Ice Cream Shops. C.-3 (11) Ice sales (not including ice plants). (12) Laundries,•Self Service only. cre ..1% �_x• (13) Meat Markets. c:..-11 • (14) Post Offices. C-Z. (15) Repair Shops- radio, TV, small appliances, shoe. r,.3 (16) Restaurants - not including drive-ins. • (17) Veterinary clinics - No outside kenneling. (18) Any other convenience commercial use which is comparable in nature with the foregoing uses and which the Director determines to be compatible in i the District. B. Permitted Accessory Uses and Structures. • (1) Accessory used and structures customarily associated with the uses permitted.in this district. '• (2) Caretaker's Residence* i C. Permitted Uses and Structures Subject to Site Plan Tieview: (1) Recreational facilities not accessory to ,i' principal uses. ir *In accordance with applicable supplementary district regulation . of the zoning ordinance in effect at time of application for building permits. ' • -5- t' _ _ urA012fa .laA..____,( -,.r,e, +5:l'."f,1_r^.•^.rn,,..•,_..... . _ n , , '. ... .ter,.,-.?. e.7..... .p�.r.,... - { • MD w_.::J 1 .r . r • • n •� VI W N 4 Jr, =r0 . a o .44:u Ctr. ,> • p.•, J • 3.3. „MINIMUM YARD REQUIREMENTS: . J . Depth of front yard setback - fifteen (15) feet in • • which no parking spaces shall be allowed. , B. Depth of side yard setback - none or a minimum of five $ (5) feet with unobstructed passage from front to rear . yard. i. C. Depth of rear yard.4etback - twenty-five(25) feet. . 3.4. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: One thousand(1,000) square feet per building on the ground floor. • • 3.5. MAXIMUM HEIGHT: • t Twenty-Five (25) feet abovd the finished grade of the lot. .: The maximum height of a structure shall be measured from . • '• the minimum base flood elevation required by• the Flood Elevation Ordinance or from the finished grade of the lot i whichever is higher. ' 4 3.6. MINIMUM OFF-STREET PARKING i OFF-STREET LOADING REQUIREMENTS: t As required by zoning ordinance in effect at time of application for building permits. i' 3.7. MINIMUM LANDSCAPING REQUIREMENTS: t As required by zoning ordinance in effect at time of q application for building permits. ➢ 3.8. LIMITATION ON SIGNS: 1 • As permitted for convenience Zoning Districts by zoning t ordinance in effect at time of application for building permits. • 3.9. MERCHANDISE STORAGE AND DISPLAY: ., 1 Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. • r -6- , . 02 MEM Y. . , • • .. r.r- '•�••..rs2�+-.T7:�•+.�'C'v..rr• .,..�,..r .-. ,..a._..... .-r..,...cin•_.^',v.,ro�w+aw� ate- • i • �:11 ! . --� • . .4 0 ".' , 1 l Q O • 01 1 riu' 0 = W f . 0. . iv �. • J CC C . K v w _ : cs SECTION IV ■ u DEVELOPMENT COMI ITMRNT • _____ ,. 4.1.- WATER SUPPLY: • • :° Potable water shall be supplied by the extension of the existing system located on Radio Road West of the site. The extension of the water main from Radio Road to the . project site shall be coordinated and approved by the Utility Division. 4.2.' SANITARY SEWAGE TREATMENT i DISPOSAL: • • An on-s to sewage treatment an sposal facilities shall ' be provided until such•�Eime as an area wide system is made available. • The on-site water distribution and sewage collection . facilities shall be deeded to the County and, where necessary, leased back to the Development, prior to any . • connections being made to these water and sewer facilities; and connection to County owned central sewer' • facilities will be made when such facility is made available. Prior to the issuance of any building permits,' all applicable water and sewer system development charges will be paid. The sanitary sewage system shall be provided to comply with all applicable,local and state requirements. 4.3. WATER MANAGEMENT: The Water Management System shall comply with the requirements of the South Florida Water Management District and Collier County. The final water management system design shall be reviewed and approved by the County Engineer prior to commencement of development. 4.4. TRAFFIC IMPROVEMENTS: The developer shall construct at no expense to the County, the following traffic improvements: A. A left turn storage lane and a right turn deceleration . lane on Davis Boulevard for traffic entering the development. • r B. A two lane divided boulevard entrance to the development with landscaped island(s). s it C. Subject to FDOT approval, the developer shall pay his " appropriate share as determined by the County Engineer • for cost of the installation of a traffic signal on Davis Boulevard when deemed warranted by the County • . Engineer. The signal shall be owned, operated and , • maintained by Collier County. -7- • 800►! MA i ti;. • . . r . N . , . 1 • • D. The only access to the commercial tract shall be via . - — the main entrance to the development. E. . Sidewalks shall be located on both sides of the . • entrance road up to the east/west loop road and along one side of the loop road. 4.5. FIRE PREVENTION: ' ' The Wildwood Estates Development shall comply with all ' applicable codes and regulations. • .... 4.6. DEVELOPMENT PLAN: 1 A. The proposed PUD Master Plan Exhibit "A" "Preliminary Development Plan", illustrates the tentative development, uses and locations of certain • • facilities. . B) The design criteria and layout illustrated on Exhibit "A" shall be understood as flexible so that, the final design may best satisfy the project and comply with • all applicable requirements. C) All necessary easements, dedications, or other instruments shall be granted to insure the continued • operation and maintenance of all service utilities. D) Minor design changes, such as but not limited to, location of buildings, distribution of dwelling units, • building types..etc., shall be permitted subject to . the staff approval. • i. E) Prior to the issuance of building permits, a final , site plan shall be submitted to the Zoning • • • Department for their review and approval. The final site plan shall be drawn at en appropriate scale and shall show the proposed placement of structures on the property; provisions for ingress and egress parking areas; and required,yards and other . , , • open spaces. r . Y>. i Y u. ,a a o N■ cn a : 1,„ -8- • Q y w 4•r M. -p' •• 1 • J F r.a.._u MK DACE ... +! • _`. • t _ , . ... . .. . C;:2 BM ' ............, . . . . . .. 1 ! , . . • 1 RECORDER'S MAIM br1A11117 ' . el wrItlisi, Trptai or Noels/ . • j nesstisfasiory In this slossuesss ' twIst..... ...1.41. . , . I . . . , . . , ti 'NI 1 --- . :•1'1 - ' "Nn .i,t, • • .. , • . . , 1 • . . . . ...• ..,,,r .., ..., .: 1 jr.,.....e.-700...Th,......,.• • ' . . . , • ...... . • . ..'. .1. :",N -•...:e" • . -1 'k •', i . . . If 1'...,;',/../..:. . . LP. . i • ? N 1 1 r1 ........„......t.:-1•11.! 5'. Sll 1.9. • 1 ..... ...m 0 ip..7=-....17 ..' u ti .1X%. • l2J S: Itj '1.)-. 1,...id., t...•....• ' II •'s I N .1 /• i% t..:— "I. "". • .■ O.. • ..• ...: ". K w .._ ..„, .\ 1 31 . •; ..., c. .. .. • . ,,, .,.... ... • ...-.: . - :.-,:...:L: (rfrI\1\1. '. T . i i > ; 1 'II L::-- -_—: . . ...,.....ui ■•.r, Z.: 0 .-. . ..: 1 r „uilli== 6 . • . , ,...,.. ....,..._—._......-----,_..-/—N7:- ,•6,—..--• . . • 1 11---3■C===9„j I.:11 Irt 1. . pe 0.1 _......._......../........ i : , •.. . . „ . ri. .. 1 i ' .11. i . c . •. . ' • . • .. a • :- ill IC rr-':•-■i 1 . . 1:. i Iiiqp 1,t' d'. ) 1 ii!i".. C • I t —An.■••.... .. 1 i a :Ii4 "1 :1! :i. i . . ,.. p j ' Iii ) LI it:'l-As --7-- . p=0 t t ki K .- i • r 1 1 it . ..c........ii . 1 :.= 11$ I I; . ..• ., 1 'AP:. ■g•• i •r,,-;.,.4. :II It I ...1* 7!I iiv-1... . . „.2,. ,. • . .i. . J,... . .7' / ..... _ „.... ,i .r.l..i . .. ..... 2...... ..l. . . /4'''' l't‘.• .17/ , .. . . ..•. . •I. 0\CK i f 4.:■....:,j.” 1 •%. . • v • 'k ... t 1,-—n -- --- -:----- ' 1 r .4.1. 10ili .,.. inii.` ,:,.:%.,,1 [HI a ia • . . •:1'64 a OtIL.W.t01 ...■........a■ !. ' 1L, •.... ' —- --o' . kiisq t .....— _.-....- . ... . . . t • ..,.. • • •• ' . _ . • , . • ; . . . . . . . . . . 600K 012 ra .. —–.... - f • . . . . . . I . 1 . •-..--,.....,,- .4,........*, , .. • --,-----— ---..-••""-..•-- ,--.--4!•••,-,--th,....-. " - ..- .., -..• r# • , , ,.. . 1 i., ,1 J • I ,1 • • , i SECTION TWOt ; c -. This Ordinance shall become effective upon receipt of q notice that•it has been filed with the Secretary of State. _ • DATE: August 11, 1981 BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY, FLORIDA •v ,:%-:..••A sT: . i .0,; ;WI ../ • J •REA RK r- , c r'6^1(Wi OF FLORIDA ) •:( in as c 4 COUNTY OF COLLIER ) 'v • 4' r' I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth = Judicial Circuit, Collier County, Florida, do hereby certify that r the foregoing is a true original of: - ORDINANCE NO. 81-27 which was readopted by the Board of County Commissioners during •• Regular Session via emergency procedure on August 11, 1981. WITNESS my hand and the official seal of the Board of County ' Commissioners of Collier County, Florida, this 11th day of August, 1981. • li WILLIAM J. REAGAN 1 This ordinance filed with the Secretary Clerk of Courts a 4 rk.. . of State's Office the 17th day of Aug- Ex officio to�Boat•o ••Yt,�M1, ust. 1981 and acknowledgement of that County Co is�fgt.0... . p%e.filing received this 20th day of Aug- k�•' .:c �r1. ' • ust, 1981. • a+; 7,`"`;' ,• .•• • BY ��r� - B Y:ye• ..eu cJ r l�•,(,..o�-,ar,,.. rg*" a r De �r -C rk Deputy Clerk %,-,, ..".,. .,� ..•.NN GZ'�04 �°. '. _i scat Q 411; ;.• ;.it' • Detail by Entity Name Page 1 of 3 4 FLORIDA DEPARTMENT OF STATE 4.4 F t 1f17 1 1►- , .v DIVISION OF CORPORATIONS 5 b Detail by Entity Name Florida Not For Profit Corporation DEL MAR RETAIL CENTER CONDOMINUM ASSOCIATION, INC. Filing Information Document Number N06000012947 FEI/EIN Number 510623565 Date Filed 12/20/2006 State FL I Status ACTIVE Last Event AMENDMENT Event Date Filed 06/16/2014 Event Effective Date NONE Principal Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES. FL 34103 Changed: 03/08/2013 Mailing Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Changed: 03/08/2013 Registered Agent Name & Address DEMPSEY, WILLIAM J. CHEFFY PASSIDOMO 821 FIFTH AVENUE SOUTH NAPLES. FL 34102 Name Changed: 03/08/2013 Address Changed 03/08/2013 Officer/Director Detail Name & Address Title President, Director http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inq... 7/27/2015 Detail by Entity Name Page 2 of 3 SHUCART, CHRISTOPHER 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Title VP, Treasurer, Director SHUCART, JIM 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Title Secretary, Director DOMINGO, STONE 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Annual Reports Report Year Filed Date 2013 03/08/2013 2014 04/18/2014 2015 04/10/2015 Document Images 04/10/2015--ANNUAL REPORT View image in PDF format 06/16/2014--Amendment View image in PDF format 04/18/2014--ANNUAL REPORT View image in PDF format 03/08/2013--ANNUAL REPORT View image in PDF format 11/21/2012 -- Reg. Agent Change View image in PDF format 04/04/2012 --ANNUAL REPORT View image in PDF format 02/23/2011 --ANNUAL REPORT View image in PDF format 01/27/2010 --ANNUAL REPORT View image in PDF format 04/23/2009 —ANNUAL REPORT View image in PDF format 04/16/2008--ANNUAL REPORT View image in PDF format 05/09/2007 --ANNUAL REPORT View image in PDF format 12/20/2006 -- Domestic Non-Profit View image in PDF format Co vr6Qht f and Privacy Policies State of Florida, Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 7/27/2015 Detail by Entity Name Page 3 of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 7/27/2015 Detail by Entity Name Page 1 of 2 4 St FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS 5tin//. "'� Detail by Entity Name Florida Limited Liability Company DEL MAR RETAIL PROPERTIES. LLC Filing Information Document Number L13000028084 FEI/EIN Number N/A Date Filed 02/22/2013 State FL Status ACTIVE Principal Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Mailing Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES. FL 34103 Registered Agent Name & Address DEMPSEY, WILL 821 FIFTH AVE, SOUTH NAPLES. FL 34102 Name Changed: 04/22/2013 Address Changed: 04/22/2013 Authorized Person(s) Detail Name&Address Title MGR SHUCART, JAMES 2614 TAMIAMI TRAIL NORTH, SUITE 615 NAPLES. FL 34103 Title MGR SHUCART, CHRISTOPHER http://search.sunbiz.org/Inquiry°/CorporationSearch/SearchResultDetail?inq... 7/27/2015 Detail by Entity Name Page 2 of 2 0 2614 TAMIAMI TRAIL NORTH, SUITE 615 NAPLES, FL 34103 Annual Reports Report Year Filed Date 2014 04/17/2014 2015 04/10/2015 Document Images 04/10/2015--ANNUAL REPORT View image in PDF format 04/17/2014 --ANNUAL REPORT View image in PDF format 04/22/2013 -- Reg. Agent Change View image in PDF format 02/22/2013 -- Florida Limited Liability View image in PDF format Copyright and Privacy Policies State of Florida, Department of State http://searc h.sunbiz.org/Inquiry/Corporation Search/SearchResultDetai l?inq... 7/27/2015 , Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE '' DIVISION OF CORPOR. ONS 5,411bz Detail by Entity Name Florida Limited Liability Company DEL MAR DAVIS, LLC Filing information Document Number L13000028731 FEI/EIN Number N/A Date Filed 02/25/2013 State FL Status ACTIVE Principal Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Mailing Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Registered Agent Name & Address DEMPSEY, WILL 821 FIFTH AVE. SOUTH NAPLES. FL 34102 Name Changed: 04/22/2013 Address Changed: 04/22/2013 Authorized Person(s) Detail Name&Address Title MGR DEL MAR RETAIL PROPERTIES, LLC 2614 TAMIAMI TRAIL NORTH, SUITE 615 NAPLES, FL 34103 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 7/27/2015 Detail by Entity Name Page 2 of 2 2014 04/17/2014 2015 04/10/2015 Document Images 04/10/2015—ANNUAL REPORT View image in PDF format 04/17/2014 --ANNUAL REPORT View image in PDF format 04/22/2013 --Req.Agent Change View image in PDF format 02/25/2013--Florida Limited Liability View image in PDF format Coovnaht©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 7/27/2015 Detail by Entity Name Page 1 of 2 e } FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS . kn/ /Z r v"-'•< #tea• Detail by Entity Name Florida Limited Liability Company DORIA INVESTMENTS. LLC Filing Information Document Number L06000088779 FEI/EIN Number 651508748 Date Filed 09/11/2006 State FL Status ACTIVE Principal Address 7795 DAVIS BLVD. STE 205 NAPLES. FL 34104 Changed: 01/24/2008 Mailing Address 7795 DAVIS BLVD. STE 205 NAPLES. FL 34104 Changed: 01/24/2008 Registered Agent Name & Address DORIA, ALBERT JR. 7795 DAVIS BLVD. STE 205 NAPLES, FL 34104 Address Changed: 03/11/2013 Authorized Person(s) Detail Name &Address Title MGRM DORIA JR., ALBERT 7795 Davis Blvd. 205 NAPLES, FL 34104 http://search.sunbiz.org/Inquiry/CorporationSearchlSearchResultDetai l?inq... 7/27/2015 Detail by Entity Name Page 2 of 2 Title MGRM DORIA, MARIO 2560 Golden Gate Blvd. W. NAPLES, FL 34117 Title MGRM DORIA, VERONICA 2560 GOLDEN GATE BLVD. NAPLES, FL 34117 Title MGRM DORIA, ALBERT 2560 GOLDEN GATE BLVD. NAPLES, FL 34117 Annual Reports Report Year Filed Date 2013 03/11/2013 2014 02/19/2014 2015 04/06/2015 Document Images 04/06/2015-- ANNUAL REPORT View image in PDF format 02/19/2014 --ANNUAL REPORT View image in PDF format 03/11/2013 --ANNUAL REPORT View image in PDF format 04/29/2012 --ANNUAL REPORT View image in PDF format 04/27/2011 --ANNUAL REPORT View image in PDF format 03/05/2010--ANNUAL REPORT View image in PDF format 03/31/2009--ANNUAL REPORT View image in PDF format 01/24/2008 --ANNUAL REPORT View image in PDF format 01/05/2007 --ANNUAL REPORT View image in PDF format 09/11/2006-- Florida Limited Liability View image in PDF format Cooyriphk©,and Privacy Po iqe$ State of Florida, Department of State http://search.sunbiz.org/Inqui ry/CorporationSearch/SearchResultDetai l?inq... 7/27/20 l 5 *-1 Detail by Entity Name Page 1 of 2 • , FLORIDA DEPARTMENT OF STATE " DIVISION OF CORPORATIONS 51111kZ Detail by Entity Name Florida Limited Liability Company 7795 DAVIS, LLC Filing Information Document Number L13000028713 FEI/EIN Number N/A Date Filed 02/25/2013 State FL Status ACTIVE Principal Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES. FL 34103 Mailing Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES. FL 34103 Registered Agent Name & Address DEMPSEY, WILL 821 FIFTH AVE. SOUTH NAPLES. FL 34102 Name Changed: 04/22/2013 Address Changed: 04/22/2013 Authorized Person(s) Detail Name & Address Title MGR DEL MAR RETAIL PROPERTIES. LLC 2614 TAMIAMI TRAIL NORTH, SUITE 615 NAPLES, FL 34103 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiry/Corporation Search/SearchResultDetail?i nq... 7/27/2015 , Detail by Entity Name Page 2 of 2 R �• 2014 04/17/2014 2015 04/10/2015 Document Images 04/10/2015--ANNUAL REPORT View image in PDF format 04/17/2014--ANNUAL REPORT View image in PDF format 04/22/2013--Req.Agent Change View image in PDF format 02/25/2013--Florida Limited Liability View image in PDF format Coovriaht o and Privacy Policies State of Florida,Department of State http://search.sunbiz,org/Inqu iry/CorporationSearch/SearchResultDetail?inq... 7/27/2015 R -Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE ly 4 DIVISION OF CORPORATIONS . iin,/ -411111111N, :e Detail by Entity Name Florida Limited Liability Company DEL MAR 108, LLC Filing Information Document Number L09000040887 FEI/EIN Number 592376836 Date Filed 04/28/2009 State FL Status ACTIVE Principal Address 1920 8TH ST NE NAPLES, FL 34120 Mailing Address 1920 8TH ST NE NAPLES, FL 34120 Registered Agent Name & Address WHITE, JOHN P 1575 PINE RIDGE ROAD STE 10 NAPLES, FL 34109 Authorized Person(s) Detail Name & Address Title MGR BT ROSA INCORPORATED 7785 DAVIS BLVD STE 108 NAPLES, FL 34104 Annual Reports Report Year Filed Date 2013 04/27/2013 2014 04/28/2014 2015 04/29/2015 Document Images http://search.sunbiz.org/Inquiry!CorporationSearch/SearchResultDetai 1?inq... 7/27/2015 R .Detail by Entity Name Page 2 of 2 04/29/2015 --ANNUAL REPORT View image in PDF format 04/28/2014 --ANNUAL REPORT View image in PDF format 04/27/2013 -- ANNUAL REPORT View image in PDF format 04/24/2012 --ANNUAL REPORT View image in PDF format 04/22/2011 --ANNUAL REPORT View image in PDF format 04/18/2010 --ANNUAL REPORT View image in PDF format 04/28/2009-- Florida Limited Liability View image in PDF format Coovriaht©and Pnvacv Poi cies State of FEonda.Department of State http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetaii?inq... 7/27/2015 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS , rrnb , , bZ Detail by Entity Name Florida Profit Corporation BT ROSA INCORPORATED Filing Information Document Number G84976 FEI/EIN Number 592376836 Date Filed 02/15/1984 State FL Status ACTIVE Principal Address 7785 DAVIS BLVD. SUITE 108 NAPLES, FL 34104 Changed: 05/04/2007 Mailing Address 1920 8ST N.E. NAPLES, FL 34120 Changed: 04/27/2006 Registered Agent Name & Address ROSA, BILL 1920 8ST NE NAPLES, FL 34120 Name Changed: 03/19/1985 Address Changed: 04/25/2005 Officer/Director Detail Name&Address Title PSD ROSA, BILL 1920 8ST N.E. NAPLES, FL 34120 Title VSD http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inq... 7/29/2015 Detail by Entity Name Page 2 of 2 ROSA. ALDA L 1920 8ST N.E. NAPLES, FL 34120 Annual Reports Report Year Filed Date 2013 04/27/2013 2014 04/24/2014 2015 04/29/2015 Document Images 04/29/2015 -- ANNUAL REPORT View image in PDF format 04/24/2014 --ANNUAL REPORT View image in PDF format 04/27/2013--ANNUAL REPORT View image in PDF format 04/24/2012 --ANNUAL REPORT View image in PDF format 04/07/2011 --ANNUAL REPORT View image in PDF format 02/22/2010 --ANNUAL REPORT View image in PDF format 03/31/2009--ANNUAL REPORT View image in PDF format 04/28/2008-- ANNUAL REPORT View image in PDF format 05/04/2007 --ANNUAL REPORT View image in PDF format 04/27/2006 --ANNUAL REPORT View image in PDF format 04/25/2005--ANNUAL REPORT View image in PDF format 04/29/2004 --ANNUAL REPORT View image in PDF format 04/28/2003 --ANNUAL REPORT View image in PDF format 05/13/2002 --ANNUAL REPORT View image in PDF format 05/05/2001 --ANNUAL REPORT View image in PDF format 04/22/2000 -- ANNUAL REPORT View image in PDF format 04/16/1999 -- ANNUAL REPORT View image in PDF format 05/05/1998-- ANNUAL REPORT View image in PDF format 04118/1997 --ANNUAL REPORT View image in PDF format 04/26/1996-- ANNUAL REPORT View image in PDF format 05/01/1995--ANNUAL REPORT View image in PDF format Coovnoht,c and Privacy Polices State of Florida, Department of State http://search.sunbiz_.org/Inquiry/CorporationSearch/SearchResultDetai l?inq... 7/29/2015 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 Zoning Verification Letter - Comparable Use Determination LDC sections 2.03.00 A, 10.02.061 &Code of Laws section 2-83—2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER I PROJECT NAME ZVL-PL20150000829 DATE PROCESSED 7785 through 7795 Daivs Blvd i PUD Zoning District Date:4-7-2015 Straight Zoning District End:5-7-2015 IAPPLICANT CONTACT INFORMATION I Name of Applicant(s): Del Mar Retail Condominium Association, Inc., Christopher Shugart, Pres. Address: 2614 Tamiami Trail North #615 City: Naples State: FL ZIP: 34103 Telephone: 239-435-0098 Cell: 239-289-3143 Fax: N/A E-Mail Address: chris @jcsrealtygroup.com Name of Agent: Robert Mulhere,FAICP Firm: Address: 430 Robin Hood Circle, # 102 City: Naples _State: FL ZIP: 34104 Telephone: 239-835-9373 cell: 239-825-9373 Fax: N/A E-Mail Address: rjmulhere @gmail.com IPROPERTY INFORMATION I Site Address: 7785 through 7795 Davis Boulevard,Naples,FL Folio Number: See Attached List Property Owners Name: Del Mar Retail Condominium Association, Inc. DETERMINATION REQUEST I The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of See attached narrative is comparable and compatible with the permitted uses in the WWxaadPUD(DommennlTnrd) PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 Cofer 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 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County © © ❑ website) Determination request and the justification for the use © © ❑ PUD Ordinance and Development Commitment information o D ❑ Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all 0 0 ❑ materials to be submitted 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 require. FEE REQUIREMENTS: ❑ Application: $1,000.00; Additional Fees of$100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 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 Nap l , FL 34104 ••licant Signature Date _i ce _t. . - ted Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition,this department assumes no responsibility for the cost of correcting any unreported conditions. 9/25/2014 Page 2 of 2 MULHERE & ASSOCIATES, LLC 430 Robin Hood Circle, Unit IO2, Naples 34104 i iinu here Ct gmail.coni 239.825.9373 phone April 6,2015 Ray Bellows,AICP, Planning and Zoning Manager Collier County Growth Management Division 2800 North Horseshoe Drive Naples FL 34104 Re: Zoning Verification Letter — PUD Comparable Use Determination (ZVL- PUD CUD) for Certain Uses within the Wildwood Estates PUD (Commercial Tract B) Dear Mr. Bellows: As you will recall, we previously submitted, in February of this year, a Zoning Verification Letter — General related to allowable uses within the commercial tract in the above referenced PUD. After initial review of that submittal and the PUD document, staff provided an opinion (via phone and in an email from John Kelly dated February 18, 2015)that a Zoning Verification Letter—General is not the appropriate mechanism to address an allowable use determination, and that the Zoning Verification Letter — PUD Comparable Use Determination process is the more appropriate process. Pursuant to that determination . and our discussion, please find the attached application for a ZVL- PUD CUD, as well as a check in the amount of$1,000 for the application fee. Background: The PUD, which was approved in 1981, is +1- 60 acres in size and is fully developed. It allows up to 710 multi-family dwelling units and also provides for a 3 acre commercial tract along the Davis Boulevard Frontage. The commercial tract (Tract B) is developed with a 29,913 square foot retail shopping center and required landscaping, parking, and so forth. The PUD document, in Section III, sets forth the "Commercial Development Regulations." Section 3.2 lists the Permitted Uses and Structures, in three separate paragraphs, as follows: Ray Bellows,AICP, Planning and Zoning Manager Re: ZVL-PUD CUD Wildwood Estates PUD Commercial Tract April 6,2015 Page Two A. Permitted Principal Uses and Structures: (1) Automobile service stations without repairs*. (2) Baker shops - including baking only when incidental to retail sales from the premises. ' (3) Barber and beauty Shops. (4) Bicycle sales and service. (5) Delicatessens. (6) Drug Stores • (7) Dry Cleaning - collecting and delivery only. (8) Food markets. • (9) Hardware stores. (10) Ice Cream Shops. (11) Ice sales (not including ice plants). (12) Laundries, 'Self Service only. (13) Meat Markets. (14) Post Offices. (15) Repair Shops- radio, TV, small appliances, shoe. (16) Restaurants - not including drive-ins. (17) Veterinary clinics - No outside kenneling. (18) Any other convenience commercial use which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the District. B. Permitted Accessory Uses and Structures. (1) Accessory uses and structures customarily associated with the uses. permitted.in this district. (2) Caretaker's Residence* C. Permitted Uses and Structures Subject to Site Plan Review: (T) —Recreational facilities not accessory to principal uses. There have been several previously issued ZVLs related to allowable uses within the commercial component of this PUD, as well as one rendered official interpretation ( which would take precedence of any previously issue ZVL that might be conflicting). A summary of these, in chronological order of date issued, is as follows: Date Issued Requested Concerning Staff Opinion January 22, 2014 Retail Liquor Store Not Comparable, Consider PUD CUD Process October 20,2008 Church Comparable September 25, 2008 Senior Gaming Center Not Comparable January 20, 2006 Jewelry Store Comparable The Official Interpretation issued on December 31, 2012 (by Mike Bosi, Director, Planning and Zoning Department), makes the following finding: "The uses your application seeks a compatibility determination upon are Health Care Uses (SIC codes 8011, 8021, 8031, 8041, 8042, 8043, 8049). From review of the uses requested within this determination, use codes 8011-8049(Health Services, offices and clinics) are permitted uses in the C- 1 zoning district and hence deemed to be compatible and permitted within the PUD based upon the criteria established within this Official Interpretation. Additionally, the request seeks compatibility for various Professional Office Uses (SIC codes 7311-advertising, 7322-23-consumer credit reporting, 7331-direct mail advertising, 7338-court reporting services, 7371-76, 7379-computer programming, data processing, 8111-legal services, 8322-individual and family service, 8351-child day care Page 2 of 4 Ray Bellows,AICP, Planning and Zoning Manager Re: ZVI_—PUD CUD Wildwood Estates PUD Commercial Tract April 6,2015 Page Two services, 8711-engineering, architectural and surveying, 8721—accounting, auditing and bookkeeping and 8741-43—management and public relation). From review of the uses requested within this determination, the above grouping of use codes are permitted uses in the C-1 and C-2 zoning districts and hence deemed to be compatible and permitted within the Del Mar retail center within the Wildwood Estates PUD. Considerations Permitted use # 18 provides for "any other convenience commercial use which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the District." The key terms used in that sentence are "convenience commercial," "comparable," and "compatible." All of these terms are subjective in nature; however, over time and with practical application of similar language in other PUDs, and in recognition that uses change significantly over time in response to market conditions, there are certain accepted elements, criteria, or characteristics, that can be evaluated in an effort to determine whether or not a use falls under "convenience commercial" and then whether said use is comparable and compatible with other expressly permitted uses. The"Miriam-Webster" definition of convenience is as follows: A quality or situation that makes something easy or useful for someone by reducing the amount of work or time required to do something. From a planning and zoning perspective, "Convenience Commercial" generally refers to commercial uses that cater to the daily convenience retail shopping and personal service needs of the surrounding residential neighborhood. Typically Convenience Commercial districts also allow for some degree of entertainment related uses such as restaurants. The Wildwood PUD list of permitted uses mirrors the list of uses that were permitted at the time of the PUD approval (1981) under the then effective zoning code (Ordinance 76-30, as amended) in the CC- Convenience Commercial District. It was clearly the legislative intent of the Board at the time of approval of this PUD to allow for other uses not anticipated and not expressly listed under permitted uses, provided such other uses are comparable to the other expressly compatible in the District. Many of the uses permitted at the time of approval fall into the current C-2 Convenience Commercial zoning district and several uses fall under the current C-3 Commercial Intermediate District. Clearly then, the consideration of whether a use may be determined to be comparable may be based upon several factors, including: 1) Whether the use can reasonably be determined to provide convenience to the surrounding neighborhood; and Page 3 of 4 Ray Bellows,AICP, Planning and Zoning Manager Re: ZVL—PUD CUD Wildwood Estates PUD Commercial Tract April 6, 2015 Page Two 2) Whether the use is presently permitted in the C-2 Convenience Commercial District or is similar in nature to the uses permitted in the PUD that presently fall under the C-3 Commercial Intermediate District. Consideration of whether or not a use may be determined to be compatible in the District generally includes the following: 1) The potential size and scale of the use; 2) The potential traffic impacts and whether such impacts might negatively affect the neighborhood; and 3) The generation of noise or odors,as might negatively affect the neighborhood. Specific Request: This ZVL—Comparable Use Determination (PUD) is being requested for the following uses: • SIC 7999—limited to Judo and/or Karate Instruction,yoga, pilates, • SIC 7991—fitness facility/gym • SIC 5992- Florist • SIC 8412-Art Gallery • Sic 7299-Tanning Salon • SIC 0752—Ignited to pet daycare, boarding and pet grooming with no o1 tdoor kenneling • SIC 5999 — Limited to: Artificial Flowers — retail, Pet Food Store, Pet Shops, Telephone Stores Retail, and Picture Frame Shops ready-made retail. • SIC 8092—Kidney Dialysis Although not expressly permitted under PUD Section 3.2.A., none of the requested uses are significant traffic generators nor will they cause any negative affects to the neighborhood. None of the above requested uses will cause any excessive noise or odor affect on the adjacent neighbors. In addition, the construction of the shopping center along Davis Blvd moved the shopping center away from the neighbors in order to mitigate any potential noise or affect against adjacent neighbors. The Kidney Dialysis use should fall under medical offices and clinics, which are already permitted. An expeditious response would be greatly appreciated as there are prospective tenants waiting for the outcome of this ZVL request. Sincerely 7-7 Robert J. Mulhere, FAICP Cc: Christopher Shucart, Del Mar Retail Condominium Association, Inc. Page 4 of 4 Growth Management Division Planning &Zoning January 22. 2014 Robert J. Mulhere, FAICP Mulhere&Associates 430 Robin Hood Circle, Unit 102 Naples, FL 34104 Re: Zoning Verification Letter ZLTR-PL-20130002683; 7785 Davis Boulevard, Collier County, Florida, Folio Number 29810000022 Dear Mr. Mulhere: Thank you for your request for Zoning Verification. You requested verification of the question listed below in bold print, which is followed by Staffs response. The subject site is zoned Planned Unit Development(Wildwood Estates PUD). Is a retail liquor store(package sales) permitted in the commercial district of the PUD? The Wildwood Lakes PUD permits convenience commercial uses. The Convenience Commercial District (C-2) includes the uses permitted in the PUD, including Bakery, Barber, Meat Market, Hardware, Eating Places, Veterinary Services, Electronic Repair, Drugstore, and Gasoline Service Station. A Liquor Store is a permitted use in the Commercial Intermediate District (C-3). Therefore, it is the opinion of the Zoning Manager, that a Liquor Store (Package Sales) is not comparable in nature with the permitted uses in the PUD. You may choose to apply for a "PUD Comparable Use Determination" which requires public notice, a hearing, and a Decision by the Hearing Examiner. This application is available at the colliergov.net website. Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 orfredreischl @colliergov.net. Researched and prepared by: Reviewed by: Fred'Re chl, AICP, Senior Planner Raym.j V. Bellows, Zoning Manager Planning & Zoning Planning &Zoning •yam'' Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Division 10.02.02.F.3 of the Collier County Land Development Code (LDC), 04-41, as amended,public notice is hereby given of an official interpretation. RE: INTP-2012-PL-2598, OFFICIAL INTERPRETATION REQUESTING A USE DETERMINATIONS FOR THE WILDWOOD ESTATES PUD, SECTION 3.2.A (18), ANY OTHER CONVENIENCE COMMERCIAL USE WHICH IS COMPARABLE IN NATURE WITH THE FOREGOING USES,AS DETERMINED BY THE DIRECTOR In regards to the above referenced Land Development Code (LDC) provision, it has been asked of the Department of Planning and Zoning Services Interim Director to render an official interpretation regarding the determination of comparable allowed uses, as provided for within the Wildwood Estates Planned Unit Development, Section 3.2, permitted commercial uses. Specifically, use eighteen is, any other convenience commercial use which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the District. Essential to your question is the recognition of the official uses specifically permitted by the PUD. Fourteen of the seventeen specific uses in the PUD are permitted uses within the C-2 zoning district, with the noted distinction that the C-2 uses within the LDC contain square footage limitations, an intensity limitation not present in the PUD. This is relevant to the request in that there is no intensity (square footage limitation) within the PUD and therefore the allowed C-2 uses have the potential for a greater intensity or demand upon public facilities, than those within the LDC C-2 uses. The three other specific uses listed within the PUD are permitted in the C-3 zoning district. The uses your application seeks a compatibility determination upon are Health Care Uses (SIC codes 8011, 8021, 8031, 8041, 8042, 8043, 8049). From review of the uses requested within this determination, use codes 8011-8049 (Health Services, offices and clinics) are permitted uses in the C- 1 zoning district and hence deemed to be compatible and permitted within the PUD based upon the criteria established within this Official Interpretation. Additionally, the request seeks compatibility for various Professional Office Uses (SIC codes 7311-advertising, 7322-23-consumer credit reporting, 7331-direct mail advertising, 7338-court reporting services, 7371-76, 7379-computer programming, data processing, 8111-legal services, 8322-individual and family service, 8351-child day care services, 8711-engineering, architectural and surveying, 8721—accounting, auditing and bookkeeping and 8741- 43—management and public relation). From review of the uses requested within this determination,the above grouping of use codes are permitted uses in the C-1 and C-2 zoning districts and hence deemed to be compatible and permitted within the PUD based upon the criteria established within this Official Interpretation. Based upon these facts it is determined the identified above uses could be sought at the Del Mar retail Center within the Wildwood Estates PUD. Revised: 12/13/12 .3r a copy of the actual interpretation letter, please contact the Collier County Land Development Services Department at 252-6818 by phone, or by mail at 2800 North Horseshoe Drive, Naples, FL 34104, attention Mike Bosi. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). An affected property owner is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information related to this interpretation are kept on file and may be reviewed at the Growth Management Division, Planning and Regulation building at 2800 North Horseshoe Drive, Naples, FL 34104. Please contact the staff member below at (239) 252-6819 to set up an appointment if you wish to review the file. Mike Bosi, AICP, Interim Director, Planning and Zoning Department Revised: 12/13/12 • l � 1111111/ COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive • Naples, Florida 34104 Department of Zoning and Land Development Review October 20, 2008 Mr. David Skelton Vineyards Community Church 625 Saratoga Circle,#201 Naples, FL 34104 Re: Zoning Verification Letter ZLTR-2008-AR 13896,regarding property located at 7785-7795 Davis Boulevard, aka Del Mar Retail Center, A Commercial Condominium, Folio Number 29810000226, in Section 4, Township 50 South,Range 26 East, Collier County,Florida Dear Mr. Skelton: In your application dated October 16, 2008, you ask if a church would be a permitted use on the subject property. The property has a zoning designation of Planned Unit Development(PUD), specifically,the Wildwood Estates PUD, Ordinance No. 81-27 and is within a commercial condominium. It is the Zoning Director's determination that the proposed use would be allowed in the PUD with conditions,under the circumstances identified below. The Wildwood Estates PUD Document under Section III, Commercial Development Regulations—Tract B (3.2), Permitted Uses and Structures, identifies a range of "commercial convenience"uses taken directly from the Collier County Zoning Ordinance . in effect at the time the PUD Ordinance was approved; specifically, from Section 33, Convenience Commercial District(CC), of that document. The approximate equivalent of the CC zoning district today is designated Commercial Convenience(C-2). The purpose of the previous Convenience Commercial District (CC)was "intended to apply to areas where selected establishments may be appropriately located to provide the small scale shopping and personal needs of the surrounding residential areas and within convenient traveling distance." The current Commercial Convenience District(C-2) carries almost identical language. The significant difference between the original CC zoning district and the current C-2 zoning district is that, while a church is a permitted use in the C-2 zoning district today, that use was not permitted in the CC zoning district when the PUD was approved. The Wildwood Estates PUD Document does,however, make allowance for'any other convenience commercial use which is comparable in nature with the foregoing uses and C o e r C o x 71 t y Phone (239) 252-2400 FaX (239) 252-6968 or (239) 252-2913 wwwcolliergov.nct which the [Zoning] Director considers to be compatible in the district." The Zoning Director has determined that the use would be considered comparable and compatible with these uses,and would therefore be allowed provided that sufficient parking is available to accommodate the use. Site Development Plan SDP AR 5936, as amended, indicates that the site has exactly the required number of parking spaces to accommodate the existing uses;therefore the hours for church services must be scheduled in such a way as not to conflict with the operation other businesses on the premises, as stated in the notarized letter from Kurt Glogau, Managing Partner, el Mar Retail Center LLC. These hours will be adjusted accordingly to assure ample parking is available for all tenants at all times, and it will be the responsibility of the owner to ensure that this is the case for as long as the church remains at this location. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter,such as,but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at(239)252- 2911. Researched and pre ared by: Reviewed by: ./ `-'r>"). S Ross G..--•enaur,Planning Manager usan M. Istenes, AICP, Director Department of Zoning&Land Department of Zoning &Land Development Review Development Review Cc: Wildwood Estates PUD Short File Peggy Jarrell,Addressing Correspondence file 11111 -. COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive • Naples, Florida 34104 25 September 2008 Ms. Angela Schultheiss 300 5th Avenue South, Suite 422 Naples,FL 34102 Re: Zoning Verification Letter ZLTR-2008-AR-13789,regarding property located at 7785 and 7795 Davis Boulevard, aka Delmar Retail Center A Condominium, Unit 207., Folio number 29810000307, in Section 4, Township 50 South, Range 26 East, Collier County,Florida Dear Ms Schultheiss: In your letter dated 17 September 2008 you ask if a"senior gaming center"would be a permitted use on the subject property; this use as you describe it is the equivalent of an "adult arcade" or"amusement arcade." The subject property has a zoning designation of Planned Unit Development(PUD), specifically,the Wildwood Estates PUD, Ordinance 81-27. Unfortunately, it is the Zoning Director's determination that the proposed use would not be allowed in the PUD as follows. In an attachment to your application, you describe the proposed use as having coin- operated amusement games operated for entertainment, and which by application of skill and chance may entitle the person playing or operating the game to receive points or coupons which may be exchanged for merchandise limited to non-cash prizes. The use described would be the equivalent of a amusement arcade, which is permitted in the General Commercial(C-4) and Heavy Commercial(C-5) zoning districts under Standard Industrial Classification(SIC) Code 7993 (Coin-operated Amusement Devices). This use is subject to restrictions identified in Florida Statute 849.161, Amusement Games or Machines, which exempts the use from provisions of that statute governing gambling so long as the cost value of the merchandise or prize does not exceed 75 cents on any game played. The Wildwood Estates PUD Document under Section III, Commercial Development Regulations—Tract B (3.2),Permitted Uses and Structures, identifies a range of "commercial convenience"uses taken directly from the Collier County Zoning Ordinance in effect at the time the PUD Ordinance was approved; specifically, from Section 33, Convenience Commercial District(CC), of that document. The approximate equivalent of the CC zoning district today is designated Commercial Convenience(C-2). The o L r e C o x x t y Phone (239) 252-2400 Fax (239) 252-6968 or (239) 252-2913 www.colliergov.net purpose of the previous Convenience Commercial District(CC)was"intended to apply to areas where selected establishments may be appropriately located to provide the small scale shopping and personal needs of the surrounding residential areas and within convenient traveling distance." The current Commercial Convenience District(C-2) carries almost identical language. Section 3.2 of the Wildwood Estates PUD Document also allows"recreational facilities not accessory to principal uses" subject to "site plan review." This language addresses site development processes no longer applicable,but it does indicate that certain recreational uses were contemplated. Presumably,these recreational uses were to be compatible with the stated purpose described above. The PUD document also allows for "any other convenience commercial use which is comparable in nature with the foregoing uses and which the [Zoning] Director considers to be compatible in the district." Amusement arcades are permitted in current base zoning districts C-4 and C-5,the most intensive commercial districts; that is,uses generating heavy pedestrian and vehicular traffic,noise, and a relatively high level of activity. The purpose of the C-2 District, and the previous CC District,was to accommodate less intensive uses by attracting only local customers and local vehicular and pedestrian traffic, and generating less noise and a relatively low level of activity. The recreational uses contemplated presumably were also to be less intensive and to have local rather than regional applications. An amusement arcade, such as the use you describe,would be considered a high-intensity use and likely to attract customers from beyond the immediate area,which is the reason it is confined to the C-4 and C-5 base zoning districts. For this reason, it is the Zoning Director's determination that,regretfully, the proposed use would not be compatible with the other commercial convenience uses in the PUD, nor would it be considered an appropriate recreational use in the PUD. We must therefore conclude that the proposed use would not be permitted on the subject property. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as,but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. • Should you require further information please do not hesitate to call me at(239)252- 2911. Ross Gs chenaur, Planning Manager usan M. Istenes,AICP, Director Dep- m ent of Zoning&Land Department of Zoning&Land Development Review Development Review cc: Wildwood Estates PUD Short File Correspondence file • COLLIER COUNTY GOVERNMENT • Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive•Naples,Florida 34104 • Department of Zoning and Land Development Review January 20,2006 Joni and Richard Saloman 107 East Foxboro Street • Sharon,MA 02067 Re: Zoning Verification Letter ZLTR-2006-AR-8976,regarding property located 7795 David Boulevard,Folio number 00400160003, in Section 4 Township 50 South,Range 26 East, Wildwood Estates Planned Unit Development, Collier County, Florida Dear Joni and Richard Saloman: In your letter dated January 9,2006 you ask if you may operate a jewelry store from the site described above. The subject property is zoned PUD and is regulated by the Wildwood Estates PUD document. The document states when uses not listed are comparable in nature with the permitted uses may be determined compatible within the district by the Zoning Director. It is the opinion of the Zoning Director that the use is comparable and compatible. The PUD document identifies a number of retail uses under Section 3.2.A Permitted Principal Uses and Structures,including baker shops,bicycle sales, drug stores,hardware stores, and ice cream shops. The intensity of the retail uses in base zoning districts varies from, for example, drug stores,which currently require Commercial Convenience (C-2) zoning, through hardware stores,which currently require Heavy Commercial (C-5) zoning. A retail jewelry store currently requires Commercial Intermediate(C-3) zoning. Other permitted uses identified in this section of the PUD also vary in intensity. It is apparent that,by comparison with today's standards,the concept of"convenience commercial use"has changed since the PUD was approved in 1980, and judging the use by current standards, a retail jewelry store can be considered comparable and compatible. with the other uses permitted by the PUD. . Please be advised that this verification is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)to either of these could affect the validity of this verification. o 1 /:. • i e r C o u x t y TN, /AAA♦ AAA A•AA T+_- /AA A\ PAA fALA __ IAA AX /11^f '1117 -_._-.�.....71...«.-..�.«..4 Should you require further information please do not hesitate to call me at(239)213- 2942. Researched and prepared by: Reviewed by: Ashley Bl • Planner usan Murray,Zoning Directo Department of Zoning&Land Department of Zoning&Land Development Review Development Review Cc: ZLTR-2006-AR-8976 (correspondence file) PUD File—Wildwood Estates (if applicable) 18D }) Friday,July 24,2015 )) NAPLES DAILY NEWS JUIV 111514 7015 IVU /0014'1'1 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,August 13,2015,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, Florida 34104,to consider: PETITION NO. ZVL-PL20150000829 - Del Mar Retail Center Condominium Association, Inc. requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers-retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted commercial principal uses in Tract "B" under Section 3.2(A) of the Wildwood Estates PUD, Ordinance No. 81-27, as amended. The subject property is located on the north side of Davis Boulevard, approximately one-quarter mile east of Santa Barbara Boulevard, in Section 4, Township 50 South,Range 26 East,Collier County,Florida,consisting of 3°acres. 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 Department, Zoning Division, Zoning Services Section,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 Division 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 July 24 7015 • No.2067386 1 EXHIBIT I� gj13/1„ 0-6-A (3 M 6 fa A Fpm )here, This ZVL—Comparable Use Determination (PUD) is being requested for the following uses: • SIC 7999—limited to Judo and/or Karate Instruction,yoga, pilates, • SIC 7991—fitness facility/gym • SIC 5992 - Florist • SIC 8412 -Art Gallery • Sic 7299 -Tanning Salon • SIC 0752 — limited to pet daycare, boarding and pet grooming, indoor only kenneling • SIC 5999 — Limited to: Artificial Flowers — retail, Pet Food Store, Pet Shops, Telephone Stores Retail, and Picture Frame Shops ready-made retail. • SIC 8092—Kidney Dialysis Each of these additional uses shall be limited to a maximum of 20% of shopping center's gross leasable floor area (29,982 square feet), except SIC 7999 — limited to Judo and/or Karate Instruction, yoga, pilates, and SIC 7991 — fitness facility/gym, which shall each be limited to a maximum of 25% of the gross leasable floor area. -_�--- HEX August 13, 2015 CU-PL20140000998 Guadalupe— Diocese of Venice July '0, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements P8ease publish the following Advertisement and Map on July 24, 2015` and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department, Zoning Divisirn. Zoning Services Seotion, 2800 North Horseshoe Drive, Nap|oa, 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 followinq on ALL lnvoes: DIVISION: ZONING � [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Awthodz��Designee siQh��nv�yofHEWKdvertising w From: BeasleyRachel Sent: Friday, July 10, 2015 3:38 PM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Our Lady of Guadalupe Conditional Use Advertisement Good afternoon- Please advertise the Our Lady of Guadalupe Conditional Use petition attachments for the August 13,2015 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 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. 2 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,August 13, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. CU-PL20140000998 —Diocese of Venice in Florida, Inc. requests a Conditional Use to allow a church use within a Residential Multi-Family-6 (RMF-6) zoning district pursuant to Section 2.03.02.B.1.c.1 of the Collier County Land Development Code for an expansion of the existing church located south of Main Street (S.R. 29) at the southwest quadrant of the intersection of 9th Street S. and Boston Avenue, in Section 4, Township 47 South, Range 29 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 reports are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 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 Division 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 (0 le (0 N M Co Ni- cL• W N Ct C3' J ti Q 0 N M ro o 2 c 0 rn Co Qy Z) Q II M 6Z 'el'S 0) N LfIT 03 N r4) U Z W O —1 Q 0 0 0 Q) (0 CC V N to oo a_ 0 o' U to co N N VI T- Acct #076397 July 10, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: CU-PL20140000998 (Display Ad w/Map) — Guadalupe Dear Legals: Please advertise the above referenced notice (w/Map) Friday, July 24, 2015 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154426 July 10, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 24, 2015, and furnish proof of publication to the attention of the Board's Minutes and 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: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising 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, August 13, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104, to consider: PETITION NO. CU-PL20140000998—Diocese of Venice in Florida, Inc. requests a Conditional Use to allow a church use within a Residential Multi-Family-6 (RMF-6) zoning district pursuant to Section 2.03.02.B.1.c.1 of the Collier County Land Development Code for an expansion of the existing church located south of Main Street (S.R. 29) at the southwest quadrant of the intersection of 9th Street S. and Boston Avenue, in Section 4, Township 47 South, Range 29 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 reports are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 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 Division 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 CO � N q W N 00 4R"'" r- W C2' immi d 0 Ni- M ro ro 0 N 2 F= V) Z 0) N N r) d- Q 111 M m 6Z '8'S 0) N ll'IT 00 N rr) U Z _ W 0 O a0o o K E V O 0 N r') U N F') N / Martha S. Vergara From: Martha S.Vergara Sent: Friday, July 10, 2015 4:55 PM To: Naples Daily News Legals Subject: CU-PL20140000998 Guadalupe - Diocese of Venice Attachments: CU-PL20140000998 Guadalupe (HEX 8-13-15).doc; CU-PL20140000998 Guadalupe (HEX 8-13-15).doc; CU-PL20140000998 Guadalupe (HEX 8-13-15).pdf Legals, Please advertise the following attached ad Friday, July 24, 2015 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a,collierclerk.com 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, July 13, 2015 8:54 AM To: Martha S.Vergara Subject: RE: CU-PL20140000998 Guadalupe - Diocese of Venice Confirmed receipt. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(cr�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 > ai 'ti p p :t; Napiesaws onl From: Martha S. Vergara [mailto:Martha.Vergaracollierclerk.com] Sent: Friday, July 10, 2015 4:55 PM To: Legals NDN Subject: CU-PL20140000998 Guadalupe - Diocese of Venice Legals, Please advertise the following attached ad Friday, July 24, 2015 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskcollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 1 The title and requested run date in the ad request are correct. However the map could be better. This is for an existing church in the town of Immokalee, but the provided map doesn't identify very clearly where it is. Is it possible to have a map more zoomed in to the location? "Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County.Attorney (239)252-8400 From: BeasleyRachel Sent: Friday, July 10, 2015 3:38 PM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Our Lady of Guadalupe Conditional Use Advertisement Good afternoon- Please advertise the Our Lady of Guadalupe Conditional Use petition attachments for the August 13,2015 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department- Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 ier C<araray 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. 2 Martha S. Vergara From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Friday, July 10, 2015 4:59 PM To: Rodriguez, Wanda; Minutes and Records Cc: JohnsonEric; Stone, Scott; Ashton, Heidi; Ocheltree, Mariam Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Wanda- This will have to wait until Monday, in this case, as I have no control over the map making—this is Mariam (I've included). I believe she leaves at 4pm. Is this a possibility? From: RodriguezWanda Sent: Friday, July 10, 2015 4:56 PM To: BeasleyRachel; Minutes and Records Cc: JohnsonEric; StoneScott; AshtonHeidi Subject: FW: Our Lady of Guadalupe Conditional Use Advertisement Rachel, The title and requested run date in the ad request are correct. However the map could be better. This is for an existing church in the town of Immokalee, but the provided map doesn't identify very clearly where it is. Is it possible to have a map more zoomed in to the location? Wanda Rodriguez, MCP .Advanced Certified ParalegaC Office of the County attorney (239)252-8400 From: BeasleyRachel Sent: Friday, July 10, 2015 3:38 PM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Our Lady of Guadalupe Conditional Use Advertisement Good afternoon- Please advertise the Our Lady of Guadalupe Conditional Use petition attachments for the August 13,2015 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department- Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 1 Martha S. Vergara From: Martha S. Vergara on behalf of Minutes and Records Sent: Monday, July 13, 2015 7:59 AM To: Rodriguez, Wanda; BeasleyRachel (RachelBeasley @colliergov.net); Stone, Scott;Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Importance: High Ok, one needs a map and one the title has changed. Should I ask them to hold off on advertising both ads until we can get them right instead of asking for revision after revision. From: Rodriguez, Wanda Sent: Friday, July 10, 2015 4:56 PM To: BeasleyRachel; Minutes and Records Cc: JohnsonEric; Stone, Scott; Ashton, Heidi Subject: FW: Our Lady of Guadalupe Conditional Use Advertisement Rachel, The title and requested run date in the ad request are correct. However the map could be better. This is for an existing church in the town of Immokalee, but the provided map doesn't identify very clearly where it is. Is it possible to have a map more zoomed in to the location? Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: BeasleyRachel Sent: Friday, July 10, 2015 3:38 PM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Our Lady of Guadalupe Conditional Use Advertisement Good afternoon- Please advertise the Our Lady of Guadalupe Conditional Use petition attachments for the August 13,2015 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation 1 Martha S. Vergara From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Monday, July 13, 2015 8:06 AM To: Minutes and Records; Rodriguez, Wanda; Stone, Scott;Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Attachments: Guadalupe_HEX_Newspaper Ad.docx I resent the ad with the new title Friday(after the fact); I attach it again. As for the map, I will ask Mariam. From: Martha S. Vergara [mailto:Martha.Vergara(acollierclerk.com] On Behalf Of Minutes and Records Sent: Monday, July 13, 2015 7:59 AM To: RodriguezWanda; BeasleyRachel; StoneScott; AshtonHeidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Importance: High Ok, one needs a map and one the title has changed. Should I ask them to hold off on advertising both ads until we can get them right instead of asking for revision after revision. From: Rodriguez, Wanda Sent: Friday, July 10, 2015 4:56 PM To: BeasleyRachel; Minutes and Records Cc: JohnsonEric; Stone, Scott; Ashton, Heidi Subject: FW: Our Lady of Guadalupe Conditional Use Advertisement Rachel, The title and requested run date in the ad request are correct. However the map could be better. This is for an existing church in the town of Immokalee, but the provided map doesn't identify very clearly where it is. Is it possible to have a map more zoomed in to the location? Wanda Rodriguez, .ACP Advanced-Certified-Paralegal Office of the County .Attorney (239)252-8400 From: BeasleyRachel Sent: Friday, July 10, 2015 3:38 PM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Our Lady of Guadalupe Conditional Use Advertisement Good afternoon- Please advertise the Our Lady of Guadalupe Conditional Use petition attachments for the August 13,2015 HEX hearing. Sincerely, Martha S. Vergara From: Rodriguez, Wanda Sent: Monday, July 13, 2015 8:34 AM To: Minutes and Records; BeasleyRachel Cc: Stone, Scott; Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Martha, The Collee Ct. title has been revised and is OK now. For this conditional use petition I believe Rachel is waiting to hear back from mapping regarding if a better map is possible. You could probably hold off on this one until she gets that response. 'Wanda Rodriguez, .ACT .Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara©collierclerk.com] On Behalf Of Minutes and Records Sent: Monday, July 13, 2015 7:59 AM To: RodriguezWanda; BeasleyRachel; StoneScott; AshtonHeidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Importance: High Ok, one needs a map and one the title has changed. Should I ask them to hold off on advertising both ads until we can get them right instead of asking for revision after revision. From: Rodriguez, Wanda Sent: Friday, July 10, 2015 4:56 PM To: BeasleyRachel; Minutes and Records Cc: JohnsonEric; Stone, Scott; Ashton, Heidi Subject: FW: Our Lady of Guadalupe Conditional Use Advertisement Rachel, The title and requested run date in the ad request are correct. However the map could be better. This is for an existing church in the town of Immokalee, but the provided map doesn't identify very clearly where it is. Is it possible to have a map more zoomed in to the location? "Wanda Rodriguez, .ACP .Advanced Certified Paralegal- Office of the County .Attorney (239)252-8400 1 Martha S. Vergara From: Martha S. Vergara Sent: Monday, July 13, 2015 9:32 AM To: 'Gori, Ivonne' Subject: RE: CU-PL20140000998 Guadalupe - Diocese of Venice Ivonne, Now the legal department is looking for a better map for this one so I will let you know as soon as I know. From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Monday, July 13, 2015 8:54 AM To: Martha S. Vergara Subject: RE: CU-PL20140000998 Guadalupe - Diocese of Venice Confirmed receipt. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 " rti _ a1 Nous mss. From: Martha S. Vergara [mailto:Martha.Vergara©collierclerk.com] Sent: Friday, July 10, 2015 4:55 PM To: Legals NDN Subject: CU-PL20140000998 Guadalupe - Diocese of Venice Legals, Please advertise the following attached ad Friday, July 24, 2015 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 Martha S. Vergara From: Martha S. Vergara on behalf of Minutes and Records Sent: Wednesday,July 15, 2015 9:20 AM To: Rodriguez, Wanda; Minutes and Records; BeasleyRachel Cc: Stone, Scott;Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Morning All, Has anyone heard if the map is going to be changed after all? Martha From: Rodriguez, Wanda Sent: Monday, July 13, 2015 8:34 AM To: Minutes and Records; BeasleyRachel Cc: Stone, Scott; Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Martha, The Collee Ct. title has been revised and is OK now. For this conditional use petition I believe Rachel is waiting to hear back from mapping regarding if a better map is possible. You could probably hold off on this one until she gets that response. Wanda Rodriguez, ACT Advanced Certified Paralegal" Office of the County Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] On Behalf Of Minutes and Records Sent: Monday, July 13, 2015 7:59 AM To: RodriguezWanda; BeasleyRachel; StoneScott; AshtonHeidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Importance: High Ok, one needs a map and one the title has changed. Should I ask them to hold off on advertising both ads until we can get them right instead of asking for revision after revision. From: Rodriguez, Wanda Sent: Friday, July 10, 2015 4:56 PM To: BeasleyRachel; Minutes and Records Cc: JohnsonEric; Stone, Scott; Ashton, Heidi Subject: FW: Our Lady of Guadalupe Conditional Use Advertisement Rachel, Martha S. Vergara From: Rodriguez, Wanda Sent: Wednesday, July 15, 2015 1:41 PM To: Martha S. Vergara Cc: JohnsonEric; BeasleyRachel; Stone, Scott; Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Martha, Thanks for your patience. I still haven't gotten an answer from planning or mapping staff as to whether a better map is even possible. Please proceed with the ad as submitted; at least the text does adequately identify the location. If we do get an acceptable revised map and there is still time, we may ask NDN to switch it out. Wanda Rodriguez, MCP Advanced Certified Para(egaC Office of the County .attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, July 15, 2015 11:51 AM To: BeasleyRachel; RodriguezWanda; StoneScott; AshtonHeidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Wanda & Rachel, Now NDN creative dept. is asking if we have the replacement map for this ad .. Do you have a time frame of when we will know if the map will be changed? Martha From: Martha S. Vergara On Behalf Of Minutes and Records Sent: Wednesday, July 15, 2015 9:20 AM To: Rodriguez, Wanda; Minutes and Records; BeasleyRachel Cc: Stone, Scott; Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Morning All, Has anyone heard if the map is going to be changed after all? Martha 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Wednesday,July 15, 2015 3:15 PM To: JohnsonEric Cc: BeasleyRachel; Stone, Scott; Ashton, Heidi; Ocheltree, Mariam; Bellows, Ray; Bosi, Michael; Martha S.Vergara; Kendall, Marcia Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement 2 Attachments: HEX Legal Notice Adv Map.pdf Eric, It was never a question of legal sufficiency, but whether we have the technical capability of producing a better map than this. We want the average member of the public to be able to easily identify a project's location. In this case, the goal would be that residents of Immokalee could look at the map and see what street corner this project is on. Can the map be zoomed in a bit to the location? A dot in the middle of a section doesn't mean much to the general public. If we don't have the capability to do that, then maybe that's something that needs to be explored further. -Wanda Rodriguez, MCP Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: JohnsonEric Sent: Wednesday, July 15, 2015 2:29 PM To: RodriguezWanda; Martha S. Vergara Cc: BeasleyRachel; StoneScott; AshtonHeidi; OcheltreeMariam; BellowsRay; BosiMichael Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement 2 Wanda, Zoning discussed this our staff meeting on Monday, and we're okay with the map; however,we defer to the CAO to ultimately make the call to determine if it is legally sufficient. Respectfully, Eric Johnson Principal Planner From: RodriguezWanda Sent: Wednesday, July 15, 2015 1:41 PM To: Martha S. Vergara Cc: JohnsonEric; BeasleyRachel; StoneScott; AshtonHeidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Martha, 1 Thanks for your patience. I still haven't gotten an answer from planning or mapping staff as to whether a better map is even possible. Please proceed with the ad as submitted; at least the text does adequately identify the location. If we do get an acceptable revised map and there is still time, we may ask NDN to switch it out. "Wanda Rodriguez, ACT Advanced Certified Paralegal- Office of the County Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, July 15, 2015 11:51 AM To: BeasleyRachel; RodriguezWanda; StoneScott; AshtonHeidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Wanda & Rachel, Now NDN creative dept. is asking if we have the replacement map for this ad .. Do you have a time frame of when we will know if the map will be changed? Martha From: Martha S. Vergara On Behalf Of Minutes and Records Sent: Wednesday, July 15, 2015 9:20 AM To: Rodriguez, Wanda; Minutes and Records; BeasleyRachel Cc: Stone, Scott; Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Morning All, Has anyone heard if the map is going to be changed after all? Martha From: Rodriguez, Wanda Sent: Monday, July 13, 2015 8:34 AM To: Minutes and Records; BeasleyRachel Cc: Stone, Scott; Ashton, Heidi Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement Martha, The Collee Ct. title has been revised and is OK now. For this conditional use petition I believe Rachel is waiting to hear back from mapping regarding if a better map is possible. You could probably hold off on this one until she gets that response. 2 Martha S. Vergara From: JohnsonEric <EricJohnson @colliergov.net> Sent: Thursday,July 16, 2015 8:15 AM To: Rodriguez, Wanda Cc: BeasleyRachel; Stone, Scott; Ashton, Heidi; Ocheltree, Mariam; Bellows, Ray; Bosi, Michael; Martha S.Vergara; Kendall, Marcia Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement 3 Attachments: NDN Legal Ad (2x3) map.pdf Wanda, Staff revised the map so that it is more zoomed in (see the attached). Let me know what you think. Thanks! Eric Johnson Principal Planner From: RodriguezWanda Sent: Wednesday, July 15, 2015 3:15 PM To: JohnsonEric Cc: BeasleyRachel; StoneScott; AshtonHeidi; OcheltreeMariam; BellowsRay; BosiMichael; Martha S. Vergara; KendallMarcia Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement 2 Eric, It was never a question of legal sufficiency, but whether we have the technical capability of producing a better map than this. We want the average member of the public to be able to easily identify a project's location. In this case, the goal would be that residents of Immokalee could look at the map and see what street corner this project is on. Can the map be zoomed in a bit to the location? A dot in the middle of a section doesn't mean much to the general public. If we don't have the capability to do that, then maybe that's something that needs to be explored further. -Wanda Rodriguez, MCP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: JohnsonEric Sent: Wednesday, July 15, 2015 2:29 PM To: RodriguezWanda; Martha S. Vergara Cc: BeasleyRachel; StoneScott; AshtonHeidi; OcheltreeMariam; BellowsRay; BosiMichael Subject: RE: Our Lady of Guadalupe Conditional Use Advertisement 2 Wanda, I M > Z PO M m 9th STREET S. O m V a m w N XI 8th STREET S. a m N V CD 0 m 13 a m ♦. w N — Q \ 1 w i u w : a I 9 # `.... > w D — 0 V a 7th STREET S. O a m rno m V a 4 w N - 0 O Z w # a w V m i o 8 Q _ 7th STREET S. D II --I m 6th COURT S. n O m at D m UI O m V • O + w N Z D o 0 m V a Col Cm w w m a ..I m ID 13 C N F.I. ; O a J z.,v C a rn m 6th STREET S. 6th STREET S. co V a m Ow a o o co v a m J p w 4 u a V m - _ z Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Thursday, July 16, 2015 10:29 AM To: Martha S. Vergara Subject: RE: NEW MAP ATTACHED - FW: CU-PL20140000998 Guadalupe - Diocese of Venice Oki doky Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Pleti;Jaitu Nrim Naples Nms, From: Martha S. Vergara [mailto:Martha.Vergaracollierclerk.com] Sent: Thursday, July 16, 2015 8:50 AM To: Gori, Ivonne Subject: NEW MAP ATTACHED - FW: CU-PL20140000998 Guadalupe - Diocese of Venice Ivonne, The legal department has attached the new map that was received from staff this morning. They would like it used in place of the other map that was attached to the ad request. Let me know if you have any questions. Thanks, Martha From: Martha S. Vergara Sent: Wednesday, July 15, 2015 2:16 PM To: 'Gori, Ivonne' Subject: RE: CU-PL20140000998 Guadalupe - Diocese of Venice Ivonne, I have spoken to legals and the mapping department. So far they are saying to go ahead with the map that was sent in the ad request. If I need to resend it to you let me know. Thanks for holding off on it. Martha Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Thursday, July 16, 2015 3:10 PM To: Martha S. Vergara Subject: 231121370 CC Hex Guada/Venice Attachments: NDN231121370.pdf Please find a proof for your review and approval attached, for Publication Friday July 24th, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1c Daiiti 1 hiarAesNews.cor 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,August 13, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. CU-PL20140000998 - Diocese of Venice in Florida, Inc. requests a Conditional Use to allow a church use within a Residential Multi- Family-6 (RMF-6) zoning district pursuant to Section 2.03.02.B.1.c.1 of the Collier County Land Development Code for an expansion of the existing church located south of Main Street (S.R. 29) at the southwest quadrant of the intersection of 9th Street S. and Boston Avenue, in Section 4, Township 47 South, Range 29 East, Collier County, Florida WEST MAIN STREET (S.R. 29) .n . a a k wv g- . n BOSIW AVE (B'MENIq - r,' SITE ��, LOCATION WlDu AOU ME (C AD ) a i a-a a .w N-° g. g ,n» k w g n g- .n .n .u a I 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 reports are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 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 Division 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.231121370 July 24,2015 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, July 16, 2015 3:46 PM To: Rodriguez, Wanda; BeasleyRachel (RachelBeasley @colliergov.net); Stone, Scott;Ashton, Heidi; 'ericjohnson @colliergov.net Subject: Ad Proof- CU-PL20140000998 Guadalupe-Diocese of Venice Attachments: NDN231121370.pdf Importance: High Hello All, We have the ad proof in for this ad please let me know of any changes needed. Thanks, Martha 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Thursday, July 16, 2015 3:52 PM To: Martha S. Vergara Cc: BeasleyRachel; Stone, Scott; Ashton, Heidi;JohnsonEric Subject: RE: Ad Proof- CU-PL20140000998 Guadalupe-Diocese of Venice The ad looks good. Thanks, 'Wanda Rodriguez, ACT .advanced CertifiedTaraCega( Office of the County Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergaral collierclerk.com] Sent: Thursday, July 16, 2015 3:46 PM To: RodriguezWanda; BeasleyRachel; StoneScott; AshtonHeidi; JohnsonEric Subject: Ad Proof- CU-PL20140000998 Guadalupe-Diocese of Venice Importance: High Hello All, We have the ad proof in for this ad please let me know of any changes needed. Thanks, Martha 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 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 NAPLES DAILY NEWS Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,August 13,2015, in the Published Daily Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room Naples,FL 34110 609/610, Naples, FL 34104, to consider: Affidavit of Public PETITION NO. CU-PL20140000998 - Diocese of Venice in Florida, Inc. requests a Conditional Use to allow a church use within a Residential Multi- State of Florida Family-6 (RMF-6) zoning district pursuant to Section 2.03.02.B.1.c.1 of the Counties of Collier and Lee Collier County Land Development Code for an expansion of the existing church located south of Main Street (S.R. 29) at the southwest quadrant of the intersection of 9th Street S. and Boston Avenue, in Section 4, Township Before the undersigned they serve 47 South, Range 29 East, Collier County, Florida appeared Daniel McDermott, who WEST, STREET s.R.29) _ Inside Sales Manager of the Nap , ■ 3 X . , • newspaper published at Naples, i distributed in Collier and Lee cow . . ; —_ attached copy of the advertising, t " A „ ,,AVENUE) BOW„ ' SITE PUBLIC NOTICE L�OATIDN in the matter of PUBLIC NOTIC COLORADO AVE C • °” SD ■20 was published in said newspaper w °„ : �„ :7. on July 24, 2015. 1 r,-",0„ § . ,, ,�,, m Affiant further says that the said All interested parties are invited to appear and be heard. All materials used published at Naples, in said Collin in presentation before the Hearing Examiner will become a permanent part newspaper has heretofore been co of the record. , County, Florida; distributed in Cc Copies of staff reports are available one week prior to the hearing. The file can each day and has been entered as be reviewed at the Collier County Growth Management Department, Zoning office in Naples, in said Collier C Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. year next preceding the first publ advertisement; and affiant further The Hearing Examiner's decision becomes final on the date rendered. If a promised any person, firm or core person decides to appeal any decision made by the Collier County Hearing commission or refund for the purl 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 publication in the said newspaper to ensure that a verbatim record of the proceedings is made, which record .I includes the testimony and evidence upon which the appeal is to be based. (Signature of affiant)\ 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 '1 Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Sworn to and subscribed before m Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. This 29th day of July, '015 C Mark Strain, t/ Chief Hearing Examiner (Signature of notary public) Collier County, Florida No.231121370 July 24.2015 aw IYONNE GOBI "y�i,` Notary Public-State of Florida • •` Commission it FF 900810 • My Comm.Expires Jul 16,2019 ''r,,,A∎* Bonded though National Notary Assn. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP DATE: August 26, 2015 RE: Hearing Examiner Decision(s) from August 13, 2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on August 13, 2015. Attachments: HEX No. 2015 —31 HEX No. 2015 —32 HEX No. 2015 —33 [05-COA-01253/813782/1]744 HEX NO. 2015—33 HEARING EXAMINER DECISION PETITION NO. CU-PL20140000998 — Diocese of Venice in Florida, Inc. requests a Conditional Use to allow a church use within a Residential Multi-Family-6 (RMF-6) zoning district pursuant to Section 2.03.02.B.1.c.1 of the Collier County Land Development Code for an expansion of the existing church located south of Main Street (S.R. 29) at the southwest quadrant of the intersection of 9th Street S. and Boston Avenue, in Section 4, Township 47 South, Range 29 East, Collier County, Florida. DATE OF HEARING: August 13, 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 is approved. ANALYSIS: This application was well attended both at the Neighborhood Information Meeting (NIM) and this hearing. All those speaking at the hearing were in favor of the application. DECISION: Petition Number CU-PL20140000998, filed by R. J. Ward, P.E., of Spectrum Engineering, Inc. representing The Diocese of Venice, Inc., with respect to the property herein described, is hereby approved for a Conditional Use to allow a church use within a Residential Multi-Family-6 (RMF-6) zoning district pursuant to Section 2.03.02.B.1.c.1 of the Collier County Land Development Code in accordance with the Conceptual Site Plan shown in Exhibit "A", and subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Conceptual Site Plan LEGAL DESCRIPTION: The Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 47 South, Range 29 East, Collier County, Florida. [14-CPS-01398/1200649/1122 1 of 2 CONDITIONS: The approval of this conditional use is subject to the following condition(s): 1. The project as proposed shall require the review and approval of a SDP application. 2. A minimum of six native trees (approximately 15% of the existing trees) are required to be retained on the subject property and shall be identified at the time of SDP approval. 3. For worship services and other events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF 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. - �� - 201c [N Date Mar Strain, Hearing Examiner App •ved as to form and legality: Scott A. 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Am0 mm r W�DmO O;Z 0 O _:U Z I m�D� N =m O n 3D 0 -xm 'T1-00 - DZxZ.m0-0-1 mpm m??, Dm0Om0OO Z0W(n y Z - c -<N Z 7/__I-- 0X13 co Nr-C7070 MmX 0-1XX,�PODZN yO00 Z O D X <O Z-�'I��O �p� Qo p�p�� mm0 Zm OrD��y Z Z N x xm 0 Cm0 > 0 Omm - 0D�1' NO X0-1 L7 0 WIZ mZm mD4• 0=z�0= Dmp n x on 02 > m z I Z D v j AGENDA ITEM 4-B Co e-r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION, GROWTH MANAGEMENT DEPARTMENT HEARING: AUGUST 13, 2015 SUBJECT: PETITION CU-PL20140000998, OUR LADY OF GUADALUPE CHURCH, CONDITIONAL USE PROPERTY OWNER/AGENT: Owner: Agent: Diocese of Venice in Florida, Inc. R.J. Ward, P.E. Bishop Frank J. Dewane Spectrum Engineering, Inc. 1000 Pinebrook Road 1342 Colonial Blvd. Suite D-31 Venice, FL 34285 Fort Myers, FL 33907 REQUESTED ACTION: The petitioner requests a Conditional Use to allow a church use within a Residential Multi- Family-6 (RMF-6) zoning district pursuant to Section 2.03.02.B.1.c.1 of the Collier County Land Development Code(LDC)for an expansion of the existing church. GEOGRAPHIC LOCATION: The subject property is 9.16 acres and located in Immokalee at the southwest corner of 9th Street South and Boston Avenue, approximately 1000 feet south of West Main Street. The address of the church is 219 9th Street South(Folio Number: 00123840008). (See location map on the following page) CU-PL20140000998 Page 1 of 10 OUR LADY OF GUADALUPE CHURCH CONDITIONAL USE $ EXHIBIT August 13,2015 `4f3JiS 9i s 4 7J W If l3 a I-- • 110111111! 1111L� - =u •Oa iii. . lleas�111 1eee��1 - �ol!o �o er��111iiiiiii 1I1�D®i© O W v s uuo 41(1. mu.vw 'G BANG YU O e©©E©BO©NO • 1�� lsl� Cif --- 2- �� u 5 X11111111111 �lii iiii ii �► IIIMINNWRM a u vu row S uses NM W a LL u l' z =' WW crg V� r Z OE I Z C en 0 O O CJ) .p 0 N t• 2 LL 2 Ce CC CC 2 o P 1 yy y f AWL 3LI* 11111 III _ Ni CL-.1 MVOS 01 10/1 U _1 i I z' o' � M a Cy n N N N N ^ - - W UJ 9 i V J N s N Q Y 4\ a. Uo to to Z N Q • 6Z '6 S o n m m R a.♦N R N co n n t.1: N io K U 2 W pd ^ 0 n N -m „m N CC U Z / ...-_- .. n o N N W N .1 1 f'21 -I PURPOSE/DESCRIPTION OF PROJECT: As noted, the petitioner has applied for a Conditional Use as provided for in the RMF-6 district. The site is currently being used by a church, including its accessory uses/buildings. The existing church does not require conditional use approval because it predates the conditional use requirement for the district in which it is located. This applicant is requesting to demolish the existing parish center and to construct a new sanctuary and pastoral center, which will result in church with greater floor area and additional seats. Because of this proposed expansion, the church is required to obtain conditional use approval. The subject site is zoned RMF-6 and Public Usage (P). A church is a conditional use in the RMF-6 District. The conceptual site plan shows the locations of the existing buildings (i.e., church office, rectory, and social services center), proposed buildings (i.e., sanctuary and pastoral center), off-street parking areas, and stormwater management areas. According to the conceptual site plan, 14 parking spaces would be located in the area of the site zoned P, which is permitted in accordance with Section 2.03.05.A.4.a.12 of the LDC. No buildings are proposed within the area zoned P. SURROUNDING LAND USE & ZONING: North: Right-of-way for Boston Avenue; then farther north is a single-family residence as well as other undeveloped parcels, all zoned RMF-6; East: Right-of-way for 9a' Street South; then farther east are developed residential properties (some mobile homes) and a vacant lot, all zoned Village Residential District(VR); and South: Pinecrest Elementary(PCR) School zoned RMF-6; West: Undeveloped land zoned RFM-6. CU-PL20140000998 Page 3 of 10 OUR LADY OF GUADALUPE CHURCH CONDITIONAL USE August 13,2015 r Ira t I # Our Lady of Guadalupe Annual festival Is .7.4-'7: Conditional Use held here i * - ' °~f CU-PL20140000998 1 (7, ...401,;,, . ..„ i,„,.... 4 ,,,,, , ! - ,t,,t, ,Nr--,, . _ . 4 '# ' ; { Zt '''' ' ' '' '''' ' ' -; r 9"- 4' 4 it - „ t ,- _ II 1_...-z „: 1 .....4, . ... , .,... . y , .. 0, Pr .. ' . ;X4 ka/ Nat. , t """ wit_ Aerial(source County GIS) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The subject property is identified in the lmmokalee Area Master Plan (LAMP) and the IAMP Future Land Use Map of the Growth Management Plan (GMP) as Urban Mixed Use District, High Residential Subdistrict. In addition to residential uses, this Subdistrict allows a variety of non-residential uses, including churches. Most of the site is zoned RMF-6 and a small portion at the southeast corner is zoned P. The site has been in use as a church since the early 1960s. based upon Property Appraiser records. FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land uses. 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. 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." CU-PL20140000998 Page 4 of 10 OUR LADY OF GUADALUPE CHURCH CONDITIONAL USE August 13,2015 The subject site only abuts local streets. The existing subject site contains five(5)vehicular access points located on 9th Street South. The proposed conceptual site plan reduces the number of access point to three (3), which meets the purpose and intent provisions of Collier County Access Management Policy,Resolution 13.257. 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." Given the nature of the proposed use, there are no streets, only parking areas with drive aisles. There are no streets proposed within this single use project; however,the conceptual site plan shows that the off-street parking area is accessed through the site with drive aisles that utilize two (2) of the three (3) access points on 9th Street South, which should reduce congestion onto the county roadway system. Policy 7.3: "All new and existing developments shall be encouraged to connect their local streets and/or 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. Adjacent to the north, east, and south of the site are local streets. To the west are two undeveloped parcels zoned RMF-6 and comprising ±9 acres total; given the nature of the proposed use, staff finds that an interconnection may not be appropriate or feasible. Based on the above analysis, staff finds this conditional use petition may be deemed consistent with the IAMP Element of the GMP. Transportation Element: The Traffic Impact Statement (TIS) indicates 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 GMP. Conservation & Coastal Management Element (CCME): The Environmental Review staff has found this project be consistent with the CCME. Forty-one (41) native trees occur on the property. Therefore, 15% (6 trees) are required to be retained and shall be identified at the time of Site Development Plan(SDP) approval. Environmental Review: The subject property is partially developed and does not contain native habitat, only native trees. Forty-one (41)native trees, not planted as landscape, exist on the subject property, of which, 15% or six (6) of them are required to be retained. The Environmental Data Calculations provided on the Tree Preservation Plan as part of the application are incorrect. Existing native trees that count toward preservation should be 41 (not 24). Six (6) existing native trees (41 X 15% = 6) are required to be retained (not 4). Twenty four (24) existing native trees are shown as retained (not 16 as stated). In order to address these concerns, the conceptual site plan was revised to stipulate the minimum number of native trees required to be retained. This project does not require Environmental CU-PL20140000998 Page 5 of 10 OUR LADY OF GUADALUPE CHURCH CONDITIONAL USE August 13,2015 'Cl p 0 2O a p 8 7C3 U 3 .5 O 0 ,� E 2 15 y a 0 s f ., ; it .- Q r,O L. 0 �+ 0 O ; C 0 - "O "C ..• 5 N e3 by u C) C.) U el) 0. .o * ° QU L p cu b °o E et 0.) U bA b M G? A fs" 0 p U -5 a N a O o 1� m p U P. u o +-+ O O N ,▪U CO O �.4 14 ¢ U cn tv by p Q .E W y Q∎ te, ›,4. •.-.. -4-. ° ++ Q. 0 z 'cj 0 011 0 P.0 by �n - �; -0 ° g U •V uL" O A � ,d 'cad• ° -, cd O cid 0 o u o 0 X y Al U V 6 ▪.. e0 o z U 4 • N O v• °O u y aj = 3 0" .� 4.• m cwd '� Au y i"�" N i'." tl. v1 ° N i N CZ, U ■--� 0 A V cd U 1-+ c U C " v ca 0 U co 1 0 C O 0 0 _ o O O U all Q O 0 4. O .- ., o ti'b .5 w � ° w 'Z o a) d Y o ° U ..., .5 ,1 U .. y p p „ U ; • _. - 'C3 O ra• '-S o U O 7 .0 .. ▪.. 0 -o - v . . ..5• � 73 73 . -0 gyp" "- N N p p 'RI O ( Li • 0 0 •.. U U p •.• IN.. • . •� 0) O °in u y Q u cd ccd Q 0 C 0 "x " 0 fi A . N� N ... U '� C! � ° d . o0 0 U ~ " O q ht o • c o-,73' , cn O '° . .° '5,O 0 ,� � 0 0. o 5 . ° a p • . ...., fi U t U 8. oo C O u y C) O U U •..■ 4) 0 , 0 Or"� 8 o �. cd cis 'o ac.) `� `� 0 ° u a .ai z , o r. U • rn 10 ,.0 I-1 r4 ›... CU C.CS 0 4) 0 — 0 0.)Cj g.0 � � 00 � Q � .545ib � 0oa > > U a d ba d d = wrn �° -o0 -0° 0 .EU c°.) o~es i.D. ,. •-+ GMP: As noted above, this proposal is consistent with the applicable provisions of the IAMP and FLUE,the Transportation Element and the CCME;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 except where noted in this staff report. 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 survey shows the site has five (5) existing vehicular access points, all located along 9th Street South. The conceptual site plan, which generally shows vehicular circulation, proposes to eliminate two (2) of these access points. Because the church proposes to increase floor area and make future site improvements, a more detailed drawing will be required pursuant to the Site Development Plan(SDP)review process (Chapter 10.04 of the LDC). With regard to traffic on public right-of-ways, transportation planning staff reviewed this petition and 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. Based on the information provided by the applicant, staff is of the opinion the proposed project would not create additional noise, glare, odor, or otherwise generate an undesirable economic impact on the neighborhood above those anticipated for this zoning district. The subject property has no current or past code enforcement cases related to noise, glare,or odor. 4. Compatibility with adjacent properties and other property in the district. The subject site is located in an area predominately residential in character. According to Property Appraiser records, the church has been in an existence since the 1960s with no recorded incidents of major code enforcement action to suggest an incompatibility exists or will occur between the subject property and surrounding land uses. Staff evaluated this application and determined the proposed Conditional Use to allow a future expansion to the church would be compatible with the neighboring properties. In making this determination, staff is recommending, as a condition of approval, that this petition be approved subject to the approval of a future SDP application, which is required by the LDC. It is staff's opinion that the recommended condition of approvals in combination with the proposed conceptual site plan and LDC standards adequately protect the public's interest. The proposed conceptual site plan is compliant with the LDC with respect to providing the minimum number of required off-street parking spaces; however, the applicant recently submitted a request for an administrative parking reduction(APR). The purpose and intent CU-PL20140000998 Page 7 of 10 OUR LADY OF GUADALUPE CHURCH CONDITIONAL USE August 13,2015 of an APR is to allow for an alternate method of calculating the minimum parking requirements for a use not specifically referenced in the LDC or for which an applicant provides evidence that a specific business or use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. As a result, APR applications that are typically approved contain an analysis to support a reduced parking calculation. For this particular project, staff is generally supportive of such a request, but that review and evaluation will occur independent of this petition and presumably, subsequent to the publishing of this staff report. It should be noted that the church hosts an annual special event in the late fall wherein the western half of the property is utilized for the festival grounds. If the APR application (APR-PL20150001601) is approved for the church,the parking reduction will be reflected on the SDP application. Based on the above findings, this conditional use should, with stipulations as outlined in this staff report,be recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held a NIM on April 16, at 6:00 p.m. at Our Lady of Guadalupe Catholic Church at 219 9th Street South, Immokalee, FL 34142. - see Neighborhood Information Meeting(NIM) Transcript(Attachment C). For the record, the NIM advertisement in the newspaper indicated the meeting was to be held at 219 South 9th Street, whereas the NIM transcript indicated the meeting was held at 209 9th Street South. The applicant sent letters indicating 219 South 9th Avenue. The meeting was actually held at Sanders Hall,which is 215 9th Street South. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on July 22, 2015. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CU- PL20140000998, subject to the following conditions: 1. The project as proposed shall require the review and approval of a SDP application; 2. A minimum of six (6) native trees (approximately 15% of the existing trees) are required to be retained on the subject property and shall be identified at the time CU-PL20140000998 Page 8 of 10 OUR LADY OF GUADALUPE CHURCH CONDITIONAL USE August 13,2015 of SDP review; and 3. No buildings or structures associated with the church use shall be permitted within the area of the site zoned P. Existing and/or any proposed off-street parking and vehicular use areas are allowed. 4. For worship services and other events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 5. Upon the submittal of a SDP, include additional gore striping at the southerly driveway to better separate the in-bound versus out-bound lanes. Attachments: A. Conceptual Site Plan B. Application C. Neighborhood Information Meeting(NIM)Transcript CU-PL20140000998 Page 9 of 10 OUR LADY OF GUADALUPE CHURCH CONDITIONAL USE August 13,2015 PREPARED BY: ?mot . 7/z ci 1s ERIC L. JOHNSON, ICP, PRINCIPAL PLANNER DATE ZONING DIVISI REVIEWED BY: • , At / 71.-q • l s RAYMO : . BELLOWS. ONING MANAGER DATE ZONING a IVISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION CU-PL20140000998 Page 10 of 10 OUR LADY OF GUADALUPE CHURCH CONDITIONAL USE August 13,2015 Ici I �I T'$'g ,�a .15' B BUFFER YARD If /1�`\ -- -- -_ I 1-- R s ---- '' pVI j�� 1NlNllll 1�1,i 'i IJfiSi1NG DETENTION BASIN \`�� 1111 A=a MIN - - - 4 1 l l Ilt E�m I 1 :II: � , . I . I Illiol IIIIiII-min l N `ma.M- -� -- q° r—. t IIIS. —o'-p`�. ��10 e ��.. t i _. r- i It -1111 m0�= c o MIMI Tp I I NB y 24s--'(�a.1 l v ME - W I =MN i IK I MI z J v II A T�INS 0m1Nc NaAI/11r Wr all ::.. ' a y 1 Z A I� '� LE aa ,a BE AFP1l® 4 V l� 1111111111 Ty_.yAVV II w L� II CI f .-o O O y ' II ■ i • Y F Ifni cEaM.oP," II 1 s a O, �b._ vmw II nm I m.,0—mm2Dm 1 C2 en ov0m0 I mn 581° iI 6 zrm 2c1 ! e , c� u,:',._.',. tom II `� �� , I} d, —��1 aM ° -. M 0-1 °'^"0 _ . 1 Fit 5 :_ S' fill i i 1 �k bz ,:&:,,,e1.4" „�,. ' A 6 6 s p „'�", i O rnz {\` - — _ T ® I ■ _ — " S i xi__CI =-. ' '41VAl =�r�� # _ ' ` tl° -_ \ 1 I . 9TH STREET w I_____ —„n u o l M Iy 0 1 I m - I+ o o z m Z D ` fZ,l c m io m�o°1A A Fm C t vm0z�0r�0m m m sOv C �OAI Erimm O y A Co_ OZ nOZ 0 Z � Z , A -1 O m A y^ Zn A mAzn mA0Z2O0 13 ._ rZ °��yl tnm mZ rr�m mmg�m omvMm .�z�v �- Ir*I• oz.AO °..-00m2 10 - .0 y mv12 mop>oot,P1 > m„om � -D II-0 Z O 3;�� O y v C-1 tvFA� Z vA0 A A VA >A yZ O g0m v A m m E, 1v m; O O �O <O C7 -am 1n °v1, m o, mo =-4rmA1�rZy E O ZC'9 O O MO ;O a AS y000� yC� mOa Oy'i-iOO Z AO� ,,AT 0 En Ca 0 y0 �0 rr,�(D-- OA?[zZ ,-,r.12 O .Co 0mgZC1Am1J0.. m11 C O aA.1s o$1 I. f] 1mz E�y m?cAOZ� v�F> m C RI v op rn >p O<�—oa� imp J mom �t'��4i�m0m �° zouy Z C = ZA1gM 953 m �aD� C 9II9 0 7C y Z y z I mo n C N2, O m ° v0 { j 0;A OUR LADY OF GUADALUPE F>, g NEW SANCTUARY AND PASTORAL CENTER 7/15/2015 NATIVE MEE NOTATION ADDED 6/22/2015 PARKING NOTATIONS ADDED -9 > 1/12/2015 RDASFD PURSUANT 70 COWER COUNTY REAM I FOR CCPOTIONAL USE PETITION — CONCEPTUAL SITE PLAN c.u. g � 'NN - PE�G'TRUI�1 f;oro Lx ,st a r2xT�luau uuN LPUT u 181AUALUYt Ii1V01�NttllITN0 n 1IV0 s'. -4- PINEBRO0L ROAD 219 SOUTH 9TH]I11ttI 1xx=OWL■sn p1 ma r■armaaw mnaa,arc o mar neat nao�a>.m VENICE.FLORIDA 34292 IUQCAItF,FLORIDA 34142 T0)46111 239-277-11E2 L J 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 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00&Code of Laws section 2-83—2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS 1■I A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): The Diocese of Venice Address: 1000 Pinebrook Rd. City: Venice State: Florida ZIP: 34292 Telephone: 941-484-9543 Cell: Fax: E-Mail Address: Nepip @DioceseofVenice.org Name of Agent: R. J. (Buck) Ward, P.E. Firm: Spectrum Engineering, Inc. Address: 1342 Colonial Blvd., suite D-31 City: Fort Myers State: Florida ZIP: 33907 Telephone: Cell:Cell: Fax: E-Mail Address: rjward @spectrumengineering.net 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 Cot tier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATON 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 The Most Reverend Frank J. Dewane, as Bishop of the Diocese of Venice 100% 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 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 t yr Cier 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 Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired Dec. 3, 1984 ❑ 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 a?F 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 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: PROPERTY INFORMATION 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: 00123840008 Plat Book: Page#: Section/Township/Range: 4 / 47S / 29E Subdivision: Lot: Block: Metes& Bounds Description: see fractional description attached Size of Property: 630.8 ft. X 632.5 ft. = 398,981 Total Sq. Ft. Acres: 9.16 Address/General Location of Subject Property: 219 South 9th Street, Immokalee,Florida 34142/on west side of S.9th St.between Boston Ave.and Colorado Ave. 2/12/2014 Page 4 of 12 o ,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 ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-6 residential and vacant S RMF-6 school E VR residential W RMF-6 vacant 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 REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00,of the RMF-6 and P zoning district for church (type of use). Present Use of the Property: church 2/12/2014 Page 5 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 EVALUATION CRITERIA 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 Cot ICr Comity 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 APPLICANT INFORMATION Name of Applicant(s): The Diocese of Venice Address: 1000 Pinebrook Rd. City: Venice State: Florida Zip: 34292 Telephone: 941-484-9543 Cell: Fax: E-Mail Address: Nepip @DioceseofVenice.org Address of Subject Property(If available): 219 S. 9th St. City: Immokalee state: FL ZIP: 34142 LEGAL DESCRIPTION Section/Township/Range: 4 /47S 129E Lot: Block: Subdivision: Plat Book: Page#: Property 1.D. Number: 00123840008 Metes & Bounds Description: NA TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System U b. City Utility System (i Immokalee Water&Sewer District c. Franchised Utility System x Provide Name: d. Package Treatment Plant I I (GPD Capacity): e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System ct c. Franchised Utility System x PROVIDE NAME'""°ka a°wat°r8sew° olsM d. Private System (Well) Total Population to be Served: Peak and Average Daily Demands: A. Water-Peak: 9 GPM Average Daily: 3150 GPD B. Sewer-Peak: 9 GPM Average Daily: 3150 GPD 2/12/2014 Page 7 of 12 Cattier ornity 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: NA 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. 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. 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 + oev 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 OF DEVELOPER COMMITMENTS 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 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 SUBMITTAL REQUIREMENTS CHECKLIST 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 ❑ ❑ website) Cover letter briefly explaining the project ❑ ❑ ❑ Pre-Application Notes 1 ❑ ❑ Affidavit of Authorization signed and notarized 2 ❑ ❑ Addressing Checklist signed by Addressing Department 1 ❑ ❑ Warranty Deed(s) 3 ❑ ❑ Boundary Survey 3 ❑ ❑ Conceptual Site Plan 24"X 36" plus (one 8%2 X 11 copy) ❑ ❑ n Plans showing proposed location for utilities, if required n ❑ Plans for screening and buffering the use with reference as to ❑ ❑ n type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees ❑ ❑ ❑ protected by County regulations, if required Plans showing the proposed signs and lighting, including type, ❑ ❑ 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 ❑ ❑ boundary Statement of utility provisions (with all required attachments& 1 ❑ ❑ sketches) Environmental Data Requirements 3 ❑ I I Traffic Impact Study(TIS)or waiver 7 ❑ ❑ 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 [ U 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 Colt lei county COLLIER COUNTY GOVERNMENT 7800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLESS FLORIDA 34104 www,collierggy.net (239)252-2400 FAX:(239) 252-63S8 Conditional Use Application Fee:$4,000.00 a When filed with Rezone Petition:$1,500.00 a Additional fee for 51' and subsequent reviews:20%of original tee Estimated Legal Advertising Fee for the Hearing Examiner or CCPC:$925.00 Estimated Legal Advertising Fee for the BZA,if required:$500.00 All checks payable to:Board of County Coromicsaoners The completed application, all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation Al-TN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 / Apri111 anESrgriature Date J Printed Name 1'1 / I 2/12/2014 Page 11 of 12 CO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 t ,r Iie( ,et t ct (239)252-2400 FAX:(239) 252-6358 AFFIDAVIT OF AUTHORiZATIO.N FOR PETITION NUMBERS(S) P5%2014-0998 I, Dr, A%olcdymyr Smeryl. •_ (print name),as Cliattce11Q.r._.., .W ...__. . . _..(title,if applicable)of The Diocese of Venice iril'hrirfa_Inca_ (company,If l'able),swear or affirm under oath,that 1 am the(choose one)owner applicant!' lontract purchaser that: I l 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; _. 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 unencumbered by the conditions and restrictions imposed by the approved action. .s ecln-r Fn9 siafei st... Its otfcars 8nn is aey . 5 wen authorize�' ___. . .. ._� � r Y ell.let as pur�rreti representative in any matters regarding this petition including I through 2 above. • lithe applicant is a corporation,then if is usually executed by the carp.pr"es,or v.pre s. • If'the applicant is a I.rrnio l Company(1-1,..C.) or Lintitc_d Company (LC), then the doeuansno should typically he,signed ho the Company's ny's 'Managing,Mernbe>r. " • If'the applicant%s a partnership, rho!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 ixslanee, Jirsl determine the applicant's atatus, e.g., inc'livitdual, corporate, trust, partnership, estate, etc.. and then use the appropriate,format Jar that ownership, Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in It are true. • rare„�§t t< ) Signature ' �, / Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on (date) by 'r t/ eTr'.,q .r (name of person providing oath or affirmation), as r yc p g ) i }�tt�u-c,trnr who is perso ally kno vn to me or who has produced (type of identification)as identification. STANTPISEA1, Signature of Notarr Public fin, iF " 1t .• a+R c:r0ots-COA•aulls,155 �,•Y p• BEVERLY L.K©NOAS Notary Public•Slate of flaridi 2/12/201L1 s• '/My Comm.Expires Dec 18 2!=t7 Page 12 of 12• : Commission #FF 064842 fbr7tlCA Taxcxrgrl Natural Notify As■ t 1: folikir`i-, ' y DIOCESE OF VENICE IN FLORIDA Office ice o f the Chancellor u � January 9, 2015 To Whom it May Concern: Please be advised that on behalf of the land owner, Bishop Frank J. Dewane a corporation sole,,The Diocese of Florida in Venice, Inc. is authorized to be the petitioner for the Conditional Use Application relating to the new project work at Our Lady of Guadalupe Parish in lmmokalee, Florida. Sincerely, Z /".. Dr.Volodymyr Smeryk, M.B.A.,J.C.D.,J.D. Chancellor, Diocese of Venice in Florida, Inc. State of Florida County of Collier The foregoing instrument was sworn to (or affirmed)and subscribed before me on 7 20/S" (date) by Or, Volodyrny r te //<. ( name of person providing oath affirmati n) as C ,rpir,edl who is personally known to me or who has produced (type of identification) as identification Stamp/Seal 4,,Rya-� BEVERLY L.KONDAS �C t'U ")Z .�— a°ta 4e1., -Is Notary Public•Slate of Florida •it My Comm.Expires Dec 18."i017 Signature of otary Public 1:::,,,;,-,...‘„:41 Commission # FF 064843 ,41,:,10' Bonded Through National Notary Assn 1000 Pinebrook Rd, Venice, Florida 34285 (941) 484-9543 wwtiv.diocesecfvenice.orR FAX (941) 488-2561 Folio # 00123840008 Our Lady of Guadalupe Legal Description (from OR 1112, page 1604 Collier County Public Records) The southeast quarter (SE 1/4) of the northeast quarter (NE ' ) of the southwest quarter (SW'/) of Section four (4), Township forty-seven (47) South, Range twenty-nine (29) East, Collier County, Florida Our Lady of Guadalupe Petition for conditional use permit PL2014-0998 Evaluation Criteria Narrative Statement (revised January 2015) 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. This project consists of the construction of a new church and pastoral center on the site Our Lady of Guadalupe, an existing church. One existing building, now used as the parish center will be demolished and the existing church building will be used as parish center and chapel. The proposed site development plan will be submitted to Collier County government for review under the provisions of the Collier County Land Development Code and Growth Management Plan in accordance with the pre- application meeting held on May 20, 2014. No inconsistencies with Collier County Land Development Code and Growth Management Plan or the Future Land Use Element were disclosed by Collier County government staff in the pre-application meeting. Church is allowed by conditional use permit in the RMF-6 zoning district. This property has been used as a church for decades, since before the conditional use requirements were established. The timeline below is based on documents in the records of the Diocese of Venice. The Diocese does not have copies of building permits or certificates of occupancy, nor were we able to find these in the online records of Collier County. This record is fragmentary, but is sufficient to show that the property was used as a church by 1961 or earlier. The property has been in the ownership of the Catholic Church since 1951. There was a chapel on the property that existed prior to the construction of the parish hall in 1961. Ownership of the church and property was transferred on December 3, 1984 to the Bishop of the Diocese of Venice, which was created in 1984. The property came to be essentially in its present configuration when the existing 650 seat church was built ca.1988. This property has been used as a church for at least thirty years before the Conditional Use requirement went into effect. The present existing church was built about three years before the Conditional Use requirement. 1951 - Property acquired by Diocese of St. Augustine. 1958 - Property transferred to Diocese of Miami 1961 - Parish hall constructed (Chapel existed prior to this) 1984 - Property transferred to Diocese of Venice 1988 - Existing church constructed. Site essentially in present configuration. 1996 - Rectory constructed 1999 - Surface water management system modified (SIP 99-16). The Future Land Use Element of the Collier county Growth Management Plan designate the Immokalee area as an Urban Residential Subdistrict. The Immokalee Area Master Plan designates the area of the site of Our Lady of Guadalupe as an Urban-Mixed Use District, High Residential Subdistrict. It promotes residential development of up to 8 dwelling units per acre. This is consistent with the RMF-6 zoning district in which Church is a conditional use. The Immokalee Area Master Plan contains the following statement: "Non-residential uses permitted within the Residential designation are limited to those uses that are compatible and/or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and essential services as defined in the Land Development Code." 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. The site has two existing driveways that serve the rectory and office and which do not interconnect with the area of the church proper. Vehicular ingress and egress in the area of the rectory and the office is physically separate from the area to be developed for the new church. The area around the rectory and the office will not be altered. These driveways are intended to remain. There are three existing driveways providing access to the existing church and its appurtenant buildings. The southernmost of these will remain in use and will be narrowed to one enter lane, a left turn exit lanes and a right turn exit lane. The two other driveways are a narrow one-way drive and a regular two drive. These two will be removed and a new two-way driveway, in approximately the location of the existing one- way driveway, will be construction to facilitate improved traffic circulation. Fire access will be accommodated by the inclusion of a fire lane encircling the new church building, which will be physically connected to the existing church building. The fire lane will meet the required dimensional parameters. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. Our Lady of Guadalupe has existed on this site for many years. The new church is needed to meet the needs of the growing congregation, which has outgrown the existing facilities. Impacts of the new church will be virtually the same as those of the existing church. The new church is not expected to have significant new impacts on the neighboring properties in relation to noise, glare, or odor. The visual impact of the 2 architecture of the new church may have a positive economic impact on neighboring property values. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. . The proposed church will not alter that compatibility with adjacent parcels and other properties in the district that the existing church has had for decades. Churches historically have been located in residential areas. Our Lady of Guadalupe shares the institutional category of the school to the south. The existing church has 650 seats. The new church will have 1050 seats. This is an increase of 400 seats. Additional parking will be provided for the additional seating and traffic circulation will be improved within the church site. Access to the site will be improved by eliminating one of the three existing church driveways and reconfiguring the remaining two driveways to improve access to the site. Please be cognizant that the intent of building a new church is not to increase traffic to the church but is a reaction to the traffic already having increased. The intensity of the use has outgrown the capacity of the existing facilities. See below for additional discussion. e. Please provide any additional information which you may feel is relevant to this request. Our Lady of Guadalupe has been an integral and indispensible part of this community for many years. The new church facilities, allowed through the approval of the requested conditional use permit will enhance that role. The congregation of Our lady of Guadalupe has outgrown the present facilities. The existing church, which seats about 650 is no longer adequate to accommodate the families that attend the church. It is proposed to build a new church to meet the needs of the community. The new church will have 1050 seats, an increase of 400 seats. The existing parish hall, known as Sanders Hall, is in poor condition and will be razed to make way for the new church building. The existing church building will remain and will be physically connected to the new church building by a covered walk. The existing church will be used as a parish hall and chapel. Due to space constraints, classrooms and other facilities, which would otherwise have been in the new church building, will be in a new Pastoral Center. The area of the existing office and rectory will remain essentially unchanged. The existing activities center will remain and will continue to provide activities and services for the community. Parking will be provided as required for the increased seating capacity, i.e. 3 parking spaces for every 7 seats. The parking will be expanded to approximately 450 parking spaces, as required by code for the 1050 seats in the new church. The parking in the southeast corner of the property in front of the existing church, within the areas designated as P zoning, will remain unchanged. The existing 3 parking in the rear of the existing church will be removed and replaced. This parking area will be expanded northward to the area behind the existing activities building and rectory. The existing driveways serving the church will be reduced from three to two and internal traffic circulation will be improved. A letter from Bohdan W Nepip of the Diocese of Venice, explaining the reason for the petition request to expand the facilities at Our Lady of Guadalupe, is attached. 4 } t DIOCESE OF VENICE IN FLORIDA -.� , 1. eg Building Commission January 12,2015 To: Collier County Zoning Re: Our Lady Of Guadalupe Catholic Church Conditional Use Petition PL No. 2014-0998 Dear Sirs: As a requirement of the conditional use petition, it was stated that a reason must be stated for the request. There are numerous reasons, but the most important one is that there must he an adequate gathering facility for the Catholic faithful. The parish at the present church of Our Lady of Guadalupe has been maximized. This community in Imm.okalee, especially the Hispanic population, has grown to larger proportions is very dedicated to serving the Lord. Our request is simply to providing a better and bigger facility for serving this expanding Catholic community. Should there be any questions,please contact the undersigned. Sincerely e ohd i W. Nepip Diocese of Venice Director of Building;,.: onstruction 1000 Pinebrook Blv . Venice,Florida 34285 Cc File 13015-200-4 P.O. Box 2006, Venice, Florida, 34284-2006 (941) 484-9543 , q1,��i,thocesc vf1 CM) '.oi Fax(941)485-6344 SPECTRUM ENGINEERING, INC. 1342 Colonial Blvd., Suite D-31 Fort Myers, FL 33907 239-277-1182 www.spectrumengineerinq.net Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Petition for Conditional Use Our lady of Guadalupe PL#2014-0998 To Whom It May Concern Our Lady of Guadalupe has served the community for many years. The congregation has outgrown the present facilities. The existing church, which seats about 600, replaced the original church building which new serves as the parish hall. It is proposed to build a new church to meet the needs of the community. The new church will have 1050 seats. Parking will be provided as required for the increased seating capacity. The existing driveways serving the church will be reduced from three to two and int3rnal traffic circulation will be improved. The existing parish hall, which is in poor condition, will be razed to make way for the new church building. The new church building will be physically connected to the existing church building. Due to space constraints, classrooms and other facilities which would otherwise be in the church building will be in a new Pastoral Center. The area of the existing office and rectory will remain essentially unchanged. Our Lady of Guadalupe existed on this site before the Conditional Use requirement for churches in the RMF-6 zoning district. An area of parking in the southeast corner of the site is zoned P. The reason for this area of P zoning remains obscure. The parking within this P zoning area will remain essentially undisturbed. Respectfully submitted, Spectrum E •'peer , . -Ward PE SPECTRUM ENGINEERING, INC. 1342 Colonial Blvd., Suite D-31 Fort Myers, FL 33907 239-277-1182 www.spectrumengineering.net January 21, 2015 Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 Attn: Michael Sawyer RE: Conditional Use PL20140000998 Our Lady of Guadalupe Church (CU) Dear Mr. Sawyer: We have reviewed the list of review comments from you and respond to each one as follows: Rejected Review: Environmental Review Reviewed By: Stephen Lenberger Miscellaneous Corrections Additional Comments: Given that trees previously thought to be removed without a permit were removed for water management and grass parking, calculations for tree preservation shall only be based on native trees remaining on site today. Only native trees meeting the specifications in 3.05.07 A.2 of the Land Development Code (LDC) shall be used for calculations. Native trees planted for landscaping should not be included in the calculations. Identify on the landscape plan the minimum number of trees required to be retained pursuant to this section of the LDC, along with the location of trees to be retained. Please amend the landscape plans accordingly. In response to this comment and pursuant to project landscape architect Michael Berhndt's discussion with Steve Lenberger, the Tree Preservation site plan has been revised and is submitted herewith. Things that changed: 1. Removed the 1985 Aerial Map and all information that pertained to it - No longer necessary per the County 2. Counted the present existing Native trees(non-landscape trees). These plants were determined by David Anthony and myself on site. 3. Revised calculations Rejected Review: Fire Review Reviewed By: Shar Hingson 1. With this new church,please provide the construction type, square footage and sprinkler requirements. This building will be required to have a fire sprinkler system per NFPA 13. The construction is type III-B. The total area of the proposed church building is approximately 16,000 square feet (15,788 square feet in its present iteration; obviously this may be subject to revision until the final design is approved by Collier County.). The proposed church will be equipped with a sprinkler system in accordance with NFPA 13 2. Please show all fire hydrants. The spacing shall be so that no part of this building will be outside the 300 ft hose reach. Proposed fire hydrant locations have been added to the plan for the purpose of demonstrating compliance with the 300' hose laying length requirement around the proposed building. Hydrants may be repositioned in the final design, subject to approval by Collier County authorities. 3. If this new church is attached to the existing church per the letter, the existing church will also be required to have a fire sprinkler system. Please verify and state this on the plans. The existing church is equipped with a fire sprinkler system. The project architect has indicated that a firewall can be constructed to separate the existing church from the proposed church, if necessary. 4. All turning radius shall comply with the 25 inside and 49 outside radius. Please show. 25' inside and 49' outside radii dimensions have been added to the plan along the route of the fire lane. 5. The drive thru drop-off shall maintain 14 ft clear height. Please confirm. Please provide a current fire flow test to verify the needed fire fighting water supply The portico covering the drive-thru drop-off will meet or exceed the 14' minimum clear height limit. A fire flow test report is submitted herewith. Additional Comments: Rejected Review: Graphics - GIS Review 2 Reviewed By: Mariam Ocheltree Zoning designation is incorrect Additional Comments: On page 5 of the application change the current zoning of subject property from MFR-6 to RMF-6 and P zoning. On page 5 of the application the zoning has been corrected to RMF-6. Miscellaneous Corrections Additional Comments: On page 5 of the application change the zoning to the North, South and West from MFR-6 to RMF-6. On page 5 of the application the zoning has been corrected to RMF-6. Rejected Review: Landscape Review Reviewed By: Michael Sawyer 4.06.02 Provide perimeter landscape buffers. See also LDC Table 2.4 Additional Comments: Rev.]: Please remove the landscape plan provided with this application. The plan is much too detailed for this CU petition and will cause numerous issues if adopted as part of the CU. Provide notes on the conceptual site plan indicating the type and width of required perimeter buffers which are correctly shown on the landscape plan provided. In this case simply showing the correct/required perimeter buffers is better for your development at this stage of permitting, detail plans will be reviewed at time of Site Development Plan (SDP). The perimeter buffers have been added to the conceptual site plan. In accordance with your instructions above, we hereby request that the landscape plan previously submitted be withdrawn. Rejected Review: Zoning Review Reviewed By: Michael Sawyer 10.02.02 F.2.b. Application determine incomplete Additional Comments: Rev.]: On page 5 of 12 of the application revise the North, South and West zoning designations to RMF-6 instead of MFR-6 to be consistent with actual zoning districts/LDC designations. Please also revise the current zoning designation of the subject parcel also to RMF-6 instead of MFR-6 at the bottom of this page. On page 5 of the application the zoning has been corrected to RMF-6. 10.02.02 F.2.b. Application determine incomplete 3 Additional Comments: Rev.]: On page 12 of 12 of the application,provide petition number at the top of the affidavit/authorization The petition number has been added to the affidavit, page 12 of 12 of the application. 10.02.02 F.2.b. Application determine incomplete Additional Comments: Rev.]: Regarding your criteria evaluation: Criteria A and B-Please provide year or approximate time frame at which the applicant became owner and or initiated use of this parcel and structures for the Church use. 'for decades"while understood doesn't provide adequate information regarding applicability/confirm a use that pre-dates the old provisional use/current conditional use permitting provisions. The timeline below is based on documents from the records of the Diocese of Venice. The Diocese does not have copies of building permits or certificates of occupancy, nor were we able to find these in the online records of Collier County. This record is fragmentary, but is sufficient to show that the property was used as a church by 1961 or earlier. The property has been in the ownership of the Catholic Church since 1951. There was a chapel on the property that existed prior to the construction of the parish hall in 1961. Ownership of the church and property was transferred on December 3, 1984 to the Bishop of the Diocese of Venice, which was created in 1984. A copy of this deed was previously submitted to you. The property came to be essentially in its present configuration when the existing 650 seat church was built ca.1988. The requirement for a conditional use for a church on this property was established in 1991 by Ordinance 91-102. This property has been used as a church for at least thirty years before the Conditional Use requirement went into effect. The present existing church was built about three years before the Conditional Use requirement. 1951 - Property acquired by Diocese of St. Augustine 1958 - Property transferred to Diocese of Miami 1961 - Parish hall constructed (Chapel existed prior to this) 1984 - Property transferred to Diocese of Venice 1988 - Existing church constructed 1996 - Rectory constructed 1999 - Surface water management system modified (SIP 99-16) Verbiage to this effect has been added to the evaluation criteria 'a' narrative statement. 10.02.02 F.2.b. Application determine incomplete Additional Comments: Rev.]: Regarding your criteria evaluation: Criteria C and D- Please revise you evaluation to include discussion regarding the additional number of seats proposed for the new development portions of the project. The evaluation must address the both the current but more importantly the proposed increase in/of the Church use. These increases must be evaluation and addressed. Please make sure that this evaluation information is consistent with the traffic study/impact statement. 4 The existing church has 650 seats. The new church will have 1050 seats. This is an increase of 400 seats. This is consistent with the TIS. This information has been added to the criteria evaluation d and criteria evaluation e has also been expanded. 10.02.02 F.2.b. Application determine incomplete Additional Comments: Rev.]: Regarding the traffic impact statement/report. Please revise the first site plan for include this development/project instead of the "Dunkin Donuts"site plan provided in the current version. The incorrect plan in the TIS has been replaced with the correct one. 10.02.02 F.2.b. Application determine incomplete Additional Comments: Rev.1: Please provide a project narrative describing in detail the petition request and the current and proposed development. A good start is provided with your evaluation of criteria however a somewhat more detailed and separate narrative is needed to fully understand the petition request. A letter from Bohdan W Nepip of the Diocese of Venice, explaining the reason for the petition request to expand the facilities at Our Lady of Guadalupe, is attached to the evaluation criteria narrative statement submitted herewith The congregation of Our lady of Guadalupe has outgrown the present facilities. The existing church, which seats about 650 is no longer adequate to accommodate the families that attend the church. It is proposed to build a new church to meet the needs of the community. The new church will have 1050 seats, an increase of 400 seats. The existing parish hall, known as Sanders Hall, is in poor condition and will be razed to make way for the new church building. The existing church building will remain and will be physically connected to the new church building by a covered walk. The existing church will be used as a parish hall and chapel. Due to space constraints, classrooms and other facilities that would otherwise be in the new church building, will be in a new Pastoral Center. The area of the existing office and rectory will remain essentially unchanged. The existing activities center will remain and will continue to provide activities and services for the community. Parking will be provided as required for the increased seating capacity, i.e. 3 parking spaces for every 7 seats. The parking will be expanded to approximately 450 parking spaces for the 1050 seats in the new church. The parking in the southeast corner of the property in front of the existing church, within the area designated as P zoning, will remain unchanged. The existing parking in the rear of the existing church will be removed and replaced. This parking area will be expanded northward to the area behind the existing activities building and the rectory. The existing driveways serving the church will be reduced from three to two and internal traffic circulation will be improved. 5 Verbiage to this effect has been added to the evaluation criteria 'e' narrative statement. The conceptual site plan has been enhanced to more clearly indicate the existing facilities and the proposed facilities. Rejected Review: County Attorney Review CAO comments provided by separate comment letter. The following comments are informational and/or may include stipulations: • 12/29/14 Stipulation for Approval.. Please add the following condition of approval in lieu of turn lane installation requirement-- "For services and other periods and events of significant traffic generation, as determined by Collier County staff the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee." This stipulation has been added to the site plan. • 12/29/14 Stipulation: Upon SDP submittal, include additional gore striping at the southerly driveway to better separate the in-bound versus out-bound lanes. Gore striping has been added to the conceptual site plan to better separate the inbound and outbound lanes of the southerly driveway. County Attorney comments re: Our Lady of Guadalupe Church (RLS 14-CPS-01398) 1. Please note that this will be a request to allow a church as a conditional use in a RMF-6 zoning district pursuant to Section 2.03.02 B.1.c.1 of the Land Development Code. Yes, this is a request to allow a church as a conditional use in a RMF-6 zoning district. 2. Is there an existing CU for the Church?If not, how is the existing church permitted as a use in the RMF-6 zoning district?Did the church preexist the County's Provisional/Conditional Use regulations? The existing church predates the requirement for a conditional use petition. This property has been used as a Catholic church since 1961 or earlier. The existing 650 seat church was erected in 1988. 6 3. Please indicate the year/date that the existing church and other existing improvements were constructed on the subject property. The timeline below is based on documents from the records of the Diocese of Venice. The Diocese does not have copies of building permits or certificates of occupancy, nor were we able to find these in the online records of Collier County. This record is fragmentary, but is sufficient to show that the property was used as a church by 1961 or earlier. The property has been in the ownership of the Catholic Church since 1951. There was a chapel on the property that existed prior to the construction of the parish hall in 1961. Ownership of the church and property was transferred on December 3, 1984 to the Bishop of the Diocese of Venice, which was created in 1984. A copy of this deed was previously submitted to you. The property came to be essentially in its present configuration when the existing 650 seat church was built ca.1988. 1951 - Property acquired by Diocese of St. Augustine. 1958 - Property transferred to Diocese of Miami 1961 - Parish hall constructed (Chapel existed prior to this) 1984 - Property transferred to Diocese of Venice 1988 - Existing church constructed. 1996 - Rectory constructed 1999 - Surface water management system modified (SIP 99-16). 4. If"Frank J. Dewane, Bishop of the Diocese of Venice"is the fee simple owner of the property, then you must provide an owner's consent letter from him authorizing the "Diocese of Venice in Florida, Inc."to submit this petition. A letter of consent is submitted herewith. 5. The Affidavit of Authorization must be revised by i) adding the "Petition Number"at the top of the page, and ii) changing the applicant's name to "Diocese of Venice in Florida, Inc." The petition number has been added at the top of the page. The words "The Diocese of Venice in FL" have been changed to "Diocese of Venice in Florida, Inc." 6. On the Conceptual Site Plan,please clearly label and distinguish between the existing structures/improvements and the proposed structures/improvements (i.e.-buildings,parking, access points, etc) Additional labeling regarding what is existing and what is proposed has been added to the site plan. A legend indicating various proposed features has also been added. 7. LDC Amendment Ordinance 2000-92, Section 4, amended a portion of the subject property zoning map to rezone it from 'park site"to "P"Public Use District. A "church"is not a permissible conditional use in the "P"District, so the portion of the subject property that is zoned "P"will be limited to those permissible uses described in LDC Section 2.03.05 A. LDC Section 2.03.05 A.4.a.12 does allow "Parking Facilities"as a permitted use as of right, so the "P"area can remain as parking if that is its current use. However, conditions of approval may 7 need to be added to the Conditional Use Resolution to ensure that no "church"or related uses are allowed within the area zoned "P". Ordinance 2000-92 amended the zoning maps with the statement "The effect of the amendment is to rezone the sixteen park sites to the "P"Public Use District." However, In 2000 when this P zoning was adopted, this particular property was being used as a church parking lot. It was not a park site. A search of the Diocese's files found no correspondence from Collier County or other documentation regarding the rezoning of a portion of the church property This raises the question of whether the rezoning of the church property was intentional or inadvertent. Could there be some other 'park site' for which this P zoning was actually intended? The use of this portion of the property will continue the same as it existed when Collier county changed the zoning designation to P. There are no changes of use proposed in the area of P zoning. It is currently being used for church parking and this use will continue. Accompanying 10 copies of this letter of response, please find the following: Tree Preservation site plan, revised, - 3 prints Building Code Analysis, - 2 copies Conceptual site plan, revised - 3 prints, plus 1 8.5"x11" copy Fire flow test report, - 2 copies Affidavit of Authorization, revised, with letter of consent - 2 copies Application: page 5 corrected, evaluation criteria narrative statement revised - 10 copies Traffic Impact Statement with correct site plan - 7 copies Respectfully submitted, Spectrum Engineering, Inc. Y,t)7 /- /ll /, 7 !/f R J (Buck) Ward, PE 8 ; } Coiffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliemov.net CONDITIONAL USE PETITION PRE-APPLICAT1ON MEETING NOTES & SUBMITTAL CHECKLIST P L# 2D1' . CFMNP7 * Time: ID P ' Planner: Project Name: e"-F. Lit Project Addr/Location: Cd2.?.. 2)407Ad3 Applicant Name: L ,t e.....tet Phone: Firm: jtolillir— ,e Current Zoning: F--My- Owner Name: Owner Address: Phone: Meeting Attendees: (Attach Sign-in Sheet) NOTES: 4 Ttkk-c,- T (.) y Otsitz).V• uff ock_ r(141-% --(DG,t/ re) s r 35- 4 c.c . AtA104 N. 6 4-0/1/Iittaitt p-e,7) -3 05 7, A, / 11.4 a.,,9c. 7€2 ete t/, 3,05, &7 A.,;) - J 1L9oe,0A (W)Af2-d c/ 071- ,J)(9, biLeM )1A -( L4 .7,5 ),6- ,e)-c „L • LAAH ),16e 64A1,e_6(J?. 6a/ri CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT COPIES REQUIRED STANDARD REQUIREMENTS: • _ Cover letter briefly explaining the project ./.. Application (completed & signed) v (download from website for current form) *Additional set if located in the Bayshore/Gateway Triangle V Redevelopment Area 1 Addressing Checklist signed by Addressing _ 1 t-/--. _ ____ Conceptual Site Plan 24" X 36" plus (one 8 '/2 X 11 copy) — t'' Copies of Warranty Deed(s) 3 t./r Completed Owner/Agent Affidavits, Notarized 2 C.--'._ ±' Environmental In/pacisiutC:,ieNi {EIS} '" or-eie --4>iti±4 2 frL4j, Digital/electronic copy of EIS 2,\ Aerial photographs (taken within the previous 12 months min. scaled � J� �l 1"=200'), showing FLUCCS Codes, Legend, and project boundary _ 5 , CCU dt' Statement of utility provisions(with all required attachments & sketches) 1 _.....__........ _Traffic Impact Statement (TIS), or waiver 7 - Copy of Traffic Impact Statement (TIS) on CDROM 3 A Historical and Archeological Survey, or waiver 4 Copies of State and/or Federal Permits f _Architectural Rendering of Proposed Structure(s) 4 �/ Electronic copy of all documents and plans (CDROM or Diskette) 1 v.-- Survey 3 v Affordable Housing or Economic Development Council Projects: EDC"Fast Track"must submit approved copy of official application [U Affordable Housing "Expedited"must submit copy of signed Certificate of Agreement. 2 L,� **If project includes an Affordable Housing component,you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: ^____ SCHOOL DISTRICT(residential PARKS & REC-Vicky Ahmad components) Amy Taylor , SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EM1 - EMER. MGMT-Dan k`,- UTILITIES ENGINEERING: PAULO Summers MARTINS HOUSING & URBAN IMPROVEMENT 44t BAYSHORE/GATEWAY TRIANGLE (only if Affordable Housing) REDEVELOPMENT Executive Director Communications Towers Only: MOSQUITO CONTROL COLLIER CO. AIRPORT AUTHORITY ! NAPLES AIRPORT AUTHORITY CITY OF NAPLES-ROBIN SINGER _ Commercial Mining Operations Only: i GLENDA SMITH, IMPACT FEES—copy of application only, no review necessary I I Rev 6-2011 Additional Notes: 7hr).1-6-2"1541,t2a64 -114-6-e,4 (,0-67"Lt Cleetvw_.-(v) lL( r - g 4%1 1-/ coi 1570 fC/1 , o'1 L& 4.k t 7c '' - (,4�'t� ,'Oa5 /-_ / / 2r/3 ?/ () o -f'//;G(/f FEES: Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) $4,000.00 Application Fee/ $1500 if filed in conjunction with a rezone petition $150.00 Fire Code Review $300.00 Comprehensive Planning Consistency Review $925.00 Estimated Legal Advertising Fee - CCPC Meeting $500.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ $2,500.00 EIS Review, if required ❑ $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Tra sportation Fees, if required: _ i- -1 OtU r MEe-7 . $500.00 Methodology Review Fee, if required 1^ ❑ $750.00 Minor Study Review Fee,if required �p17 G A.44 4 ❑ $1,500.00 Major Study Review Fee, if required - 7)6762Miti61:) OTHER REQUIREMENTS: -rvri6 aP tle 7i�6 • I Applicant/Agent Signature Date Rev 6-2011 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Rev 6-2011 • II .„ . a. il c- . ' •--I tS - ,i -- cn -6 i tu 1 , I I:11' c 7.1 1 • o a, d o' 01 ?.-, 71 .., 0, p. -.V '.. ,•• t . ,>?4 :• >. ,.., -, :• • 1 ' -,-. ,..: ,.,......,,, ,...3 al ? -8 0, 0 , > -7 0 -1, 6 • :•• 311"2 Z-1 ,. I v., T) 1-. 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I � a - - ' I , tm a � INSTR#200700004;658,Pages 1 Doc Type POA,Reeor ed 02i 12/200%at 03?0 PM, Cha lie Green.Lee County Clerk of Cvcuil Lour; Rec.Fee$1000 Deputy Clerk OMERCIER #3 THIS INSTRUMENT PREPARED BY AND RETURN TO: Joseph A.DiVito,Esquire D1V1TO&HIGHAM,P.A. 4514 Central Avenue St.Petersburg,Florida 33711 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That I, FRANK J.DEWANE,AS BISHOP OF THE DIOCESE OF VENICE, A CORPORATION SOLE do hereby make,constitute and appoint VOLODYMYR SMERYK,Chancellor of the Diocese of Venice as my true and lawful attorney for me and in my name,to execute any and all instruments pertaining to real estate which may be owned by Frank J.Dewane,as Bishop of the Diocese of Venice,a Corporation Sole,including but not limited to the power to sell,lease,and conveyances of every kind,nature and description whatsoever; and to further contract,bargain and agree for the lease, purchase,exchange and acquisition of any real property;and to further execute any documents for the satisfaction or encumbrance of any real property owned by the corporation sole;and to act on behalf of and in the place of the Grantor in all matters, but without granting the power of substitution. IN WITNESS WHEREOF;I have hereunto set my hand and seal this .2.-`3' day of s- FrN" ,2007. i / i i 4�r�- �. AMID, i i� P t Name: 1-01.60,,,, 01.p.,...0 F' NK J.DE' A r,as tihop of the DIOCESE OF VENICE, 1_s _L.,,,,,.,, 1 a Corporation ' II Print ame: EY,D i E 77Aee_4.,at et-o STATE OF FLORIDA ) COUNTY OF SARASOTA) BE IT KNOWN that on the 2-4 day of .7-4,-,Q.-/-,a--7' ,2007,before me,a Notary Public in and for the State of Florida,personally came and appeared The Most Reverend Frank J. Dewane, as Bishop of the Diocese of Venice, a Corporation Sole,to me personally known, arid known to me to be the person described in and who executed the within power of attorney,and he acknowledged the within power of attorney to be his act and deed for the purposes therein stated. IN TESTIMONY THEREOF,I have hereunto subscribed my name and affixed Illy seat of office the day and year last above written. fotary Public (NOTARIAL SEAL) rint Name:-T e N a- C. h-lr c L y My Commission Expires: Jv 1-7 'S? `Louk JE C.HICKEY 7) Notary Publicc,,Stale of Florida My comm.expires July 15,2008 Comm.No.00224624 (Sanded Tnru RU Insuranca Company/Surety Division • . Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) El SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) 0 VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See Attached -T q 7 , 2 9 s FOLIO(Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00123840008 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) - - • ' • - - - .. ..• . _ - - - - - • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) Our Lady of Guadalupe PROPOSED STREET NAMES (if applicable) NA SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# CoM er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) NA Please Check One: ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: R J Ward PE PHONE 239-277-1182 FAX rjward @spectrumengineering.net Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) 0012 3 0000 Folio Number Folio Number Folio Number Approved by: pP .�a � / Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Our Lady of Guadalupe Legal Description (from OR 1112, page 1604 Collier County Public Records) The southeast quarter (SE %) of the northeast quarter (NE 14) of the southwest quarter (SW%) of Section four (4), Township forty-seven (47) South, Range twenty-nine (29) East, Collier County, Florida STATE ROAD 29 MAIN STREET Y 0 0 U Z Q 2 BOSTON STREET N cn 4 I I- D 0 COLORADO N AVE. N N c I 00 I I cc 0 I- ,0,1!I- OUR LADY OF GUADALUPE �' _ _ s = D F- D ~ 219 SOUTH 9TH STREET 0 vi U) IMMOKALEE, FLORIDA 34142 j WEST DELAWARE AVENUE 0 N LOCATION MAP N.T.S. q1ft i" 11 ;#¢ !I :E :11t! !kG filliy�nahl ilk y4elg gggsygh� g R ` ` 9 x y9 Ng eh Y� ^ . 4a n�, h5 h' !Rill Y3 9 j, - , i � � pq li � ie 1�1 �� 1 e �a # r Y ? W I!, e444' a "gp Ili fi � Y a hn�� ff!3 tli. i ¢ 15&6 l} 4-1' X 111 i s 211:1 1 l !ill a h $i !(i;1i - I ,€! 3 : 8 Yc fie @ :9a : € YPa 4 c a : 5' , '"g1 I s 9 t 1 - St,• 1 a'c , r i h i ill 01 illE 11 116 illifflialigifias ,'L' g6 a YO iij i qt: ' F go�. ' . _ i $; f i id ` g$ a1 t I j 11 I i • • I C RI e ga s x ;" 1___ • a W‘11 i da III! +elda / • 4@ � Vii _g A E:11 � __ 1 , — — - -- ' _ —-I. .1: -- _ 4 --- ! -m ,l , 11 , �, _ _ r al' ` x fy j f " u12 s •, i i G 2 1" } 420A ! x " Y' x I" _ l / I i f q C 4 r i R 11! g i i ? , i E a �w5 9 \ 'i'')\1\‘‘,0( 1 r 1 `x �, w � 1 r'! +f� ( � :I r i_ _ efi:1 MVP ; ,L Ii,t, rii 1114 . . i. x . i� I 4 io' . :a ;tl :y1 INI 1. }$ I f i ; „. '''l' .t Eli I I i! # iw � ' :. hood� r s n S a a t d A�hli ' I'i 6i a .1 i -1 O2. x.. o.xxxxx��.� ° d i 9 El R 1fr ^ x o x .' ` "° I f1l1 a ` � l � 1 1. � � :saw N Ali ..,. I B 1 II ” I i i-� 11112111'1161011r61 l z 6 9 4 1 Y r 3. E 1 ii Mr—`----�x ? c 'Y ' Itf 4 11 f'`ke` I 1114 t I 4 l a tt 6 1 1 1 9 a 1 6 Ii �� 6 @ 1it1 1 1 ' 1 Illlll I s3 • i t Y 1 ? / # 9_ 111 .1 is x I I� 5 . - _ _ x — L 1 E;: x :.Z✓ZC9 M�..SZOW € 9d 3 x "1 y 4011 14 ' .mais'I"v. •..........1.1. i X1 I 1 -{t 001112 001604 WAIIANIT DIED , AMCO►ORM•'PHOTO' STATUTORY :OR'BOOK PAGE • •• o., CD �s kdnLurt, w Made this s day of ' && . A. D. i9$mi Between EDWARD A. McCARTHY, as — °x Archbishop of the Archdiocese of Mia , his successors in office, a — v corporation sole. w a of the Courtly of Dade , in the State of Florida , party of the first part, and ° JOHN J. NEVINS, Bishop of the Diocese of Venice, his successors in co office, a corporation sole. of the Counly of Sarasota , In the Slate of Florida , whose post office address is I 101 Capri Isle Boulevard, Venice, Florida 33595 part y of the second part, itnesseth, That the said part y of the first part, for and in consideration of the aunt of Ten and 00/100 Dollars, , ti rn • to him in hand paid by the said party of the second part,the receipt whereof is hereby acknowl- ere edged,has granted, bargained,and sold to the said party of the second part, his heirs ti • and assigns forever, the following described land, situate,and being in the County of Collier , — •" Stale of Florida , to-wit: C=3 -, The Southeast Quarter (SEa) of the Northeast Quarter c= • (NE4) of the Southwest Quarter (SW;) of Section Four (4) , Township Forte.-aeYen (47) South, Range Twenty- nine (29) East-,. -,'" / f S No Taab]fe ConnS-1-d Xation. \ .. _ ` _� Received G_' • — � e 7 Documentary aml o ! \ 1 Collier County, ,v it... VJi ' m J. Rea.o, c le . . r - �' t !r„ by t l �� ; ,. -I D.C. , And the said party the ' t part does hereby fully warrd'rlY�ll lit to said land,and will defend the same against the lawful c mg a l„persons whomsoever. J , :r, � r In *fitness tfhereo Tie pan�Ye, v 4 t)r,Pest part hag hereunto set his hand and seal the day and year 4ae rii o 'a. Signed, sealed and deliver°dvi the pre A ARBC�9D71385 OFFICIAL 4181 PG: 2675 ** 02/09/2007 at 11:47AM DWIGHT E. BROCLBR FL CLERK Retn: RBC FEE 10.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: FEDERICK A HIGHAM JR ESQ Joseph A.DiVito,Esquire PO BOX 40870 4514 DiVito Central n Higbam, Avenue a ST PETERSBURG FL 33743 0870 4514 Central Avenue St.Petersburg,FL 33711 AFFIDAVIT OF SUCCESSION FOR FRANK J. DEWANE, AS BISHOP OF THE DIOCESE OF VENICE, A CORPORATION SOLE STATE OF FLORIDA COUNTY OF SARASOTA BEFORE ME,the undersi e'01 1.I$ ,person, el►,Ia x,e-ared,VOLODYMYR SMERYK, Chancellor of the Diocese of Ve ' •,after being duly 0eid and sworn,deposes and states upon oath that: r'' 1. The Most Re ere d John.-Ise 'ns _aS Bisho s o the Diocese of Venice, a Corporation Sole, was duly d p p ' a be TT, : .top of the Diocese of Venice on October 25, 1984. 1. . , 2. On January 19, 7,t``he MosfReverei Fr J. Ivne,as Bishop of the Diocese of Venice, a Corporation So y s, accordance with on Lannd the appropriate rules and regulations of the Roman Catho ' iurch, succeeded Mbk e9vere d John J.Nevins,as Bishop of the Diocese of Venice, a Corpor din ' •le, as the second li i o rp'f the Diocese of Venice. (tom _ -) , �V , ; ,_ OLOD YR SMERYK, _ -- - a ' Chancellor }.1 . • it SWORN TO and SUBSCRIBED before me this L9 day of Tq,v,i4-7?-y , 2007, by VOLODYMYR SMERYK,Chancellor of the Diocese of Venice,who is personally known to me. (NOTARIAL SEAL) N• ARY PUBLICcatit-i , ' nt Name: 4-, ,if C. f/1ckC-1 JEANNE C.HICKEY My Commission expires:OA-1 /S, zoo( Notary Public,State of Florida My come.expires July 15,2008 ^.: :m.No.00324624 Bonded Thru RLI Insuer,ce Cc.rpany/Surety Division i 1 I WA, R ,i I I I I Will ' _ . :7etiserso'''. : 7 n01725.41'W 632.42 C a 1 tit. 1 <•■■■■$.,.... i. 1 8 A 4 A ' • t '--1..--A---"' ' ---a., -,..„... ,---,1.) ' is . 1 .t 4 1 1 1 g I , v l! r--- I 1.; a k V ; I g___Y__ ;1 --„---1-1, ,, 1 = 0 r il .., ifi---7 — 7— '"---- --r-TA. \ , I :,.):1! I , , , , , I f i I t 1 Ili' I I 1 tg A . 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PINEBROOK ROAD 219 SOUTH 9TH STREET °"O - °• VENICE, FLORIDA 34292 IMMOKALEE,FLORIDA 34142 1342 COLONIAL BLVD /31 REY WEST PROFESSION&CENTER.BLD9 B FORT LIYERS,FLORIDA 31907 Jwordespectrum.nORneerinq.net EB4818 239-277-1182 L -J r ao 4N • 23 4m n E° __ _—_r«M,..me —_ — — _—_ ,w.-- 1■ Cg /- i— -,aroma ___ Ensr1rvcx a9n _1 \I ___row_____—__— I.: So / — — N — aaaw Xs III I m= ,III I ,.' __________p,a \ �ail II M : : C ) \ \ '' 7. II a III L ii I ® ( > III c III II I II I; I j ! II I v II a I 11' ' I ® II I I I, I I ! 8 ... 3 M 1:".NM•", `', to= . II G ---,�•1 I I II 1.■.� III I '' .1 IR'„ LIP! C� �1 a...—]44 , 1 4 a �.� t e if ��IFISINCEIIIIIIIIIMMINIVAL •Ww, "All . ' ., .. .....-....6,1111ft,L4_____ 1 ,. I 41 \_. ,... II �� •9TH STREET J \ «� it w- 1 illll 03 gM" NI m T1 g y fi AT. g2$gs 1 2 9q p! 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': •, icy xr: ..... f I , P _,t,:h� e ti em ,a :-.4; 'i.4. I# / S•9th ST '''''° a,. ip Z . s cs 0 t ~� j REBECCA DR S'8th ST o ; .� S < • 1'a :1, 7 x . '.M 4 S 7th ST:.` ' . ,_ .� ' r s”, t '-: 1 •=r, P." I':J 25 89 a3 -' 1 ■ ice\ 8 -- — — — . II I# __ 1dI r 1 R I 1 S 6 1 e 1 li IF 1.. • _•;,,-,. F fl-• i - .may+ ��. I`-- _ 1 F F I tE r lit- _ h y i.: i )11 k f _ 1 . I + & :� g 1 ��S t` _ n _ 1: 1111 -_--- --"" \� - . - .----"''---- ---' ��----- .- -- - -�--- - = 1 g .. j . ' I r. *^., . :I ,, • Z,F c �R -•.--q, 4 • - . ➢ ` ice_ .'.<3 ' A� T •r' x •' ., ,c S t ,1 eE isxsco or mE ENCwEEN i0 vir■EC,xESaunw Or iSSUES wix rxE xeuc PcwcES K7R♦O Ewe ti<0N BY TH[r.ENCES cwwOEr ncn 0 xOpr cnnm to RiECE usr Pxrnv,w0m0144 D'OC.EM s0e9mw Em KLKK'r wmww IrnT ON.MK vROKtt.N{'476 Y.n 004 . 8o 3 OUR LADY OF GUADALUPE 2 P, NEW SANCTUARY AND PASTORAL CENTER „ v EXISTING CONDITIONS AND AERIAL PHOTO C.U. '— 1.1 o n DIOCESE OF VENICE E 1000 OUR LADY OF GUADALUPE y PINEBROOK ROAD NICE 219 SOUTH 9TH STREET ,,,,.,,,, ,..i.e�c_. _R5,iLORIM]3907 FLORIDA 34292 IM4OKALEE,FLORIDA 34142 R.a.wwo,Pi.N. t e.a®specirumengineerinq.net E64ot9 233-272-„82 Immokalee Water&Sewer District • 1020 Sanitation Road • Immokalee,Florida 34142 • • (239)658-3630 • i'IMVtIJI!wl i'lh�TYf 4 ul war. 1 l ' M1y xr Mrq' J• y. : r :a li�.I. �, - y _ g.;: Illy c�,llgry ' �r�i I � is �.n V s II �, "� ��i I� .fir z ��,t & �,' '�. � ��a��lr, ''' 3:� ,an � 1 1- + , . .�.. _ . M I e', II V p June 20, 2014 To Whom It May Concern: Immokalee Water& Sewer District provides water and sewer services at 215 S 9th St, in Immokalee. We will continue to provide water and sewer services at the above address. Please contact me at 239-658-3630 if you have any questions. Sincerely, 1 Eva J. Deyo Executive Director *Collier County Property Appraiser has property listed as 219 S 9th St,Immokalee Florida 34142 11I , - -� - -�'�`S` �N � Ipt I �il i �Ill .� �� q„"� �� ' , F% K 3 �I Immokalee Fire Control District - FIRE Fire Prevention Bureau ,--- , 502 E. New Market Road '/,1-.:1 )th1=.,10- 3 Immokalee, FL 34142 (239)667-2700 , _ ,__.... , r (239)657-9489 DEPT. Fire Flow Test Date: 2/4/2015 Time: Location: 219 S. 9th St. Requested By: R J (Suck) Ward, PE Tested By: HYDRANT FLOW DISCHARGE Hydrant#: Main Size: Static Pressure: 70 Residual Pressure: 60 Port Size 2.5 Pitot Psi 40 Gpm 1061.22 Port Size Pitot Psi Gpm 0 Port Size Pitot Psi Gpm 0 Total Flow: 1061.22 Fire Flow @ 20 PSI Residual: 2531 EXTRAPOLATED GPM FLOW Seasonal Static Pressure: 50 X-Residual Pressure: 42.85 X-Factor: .714 X Factor=Seasonal Static/Static Pressure X-Rpetostidual Pressure =(Residual))X(x-Factor) X-Pitot Psi 28.57 Gpm 896.895 X - Psi=(Pitot Pressure)X(x-Factor) X-Pitot Psi 0 Gpm 0 X-Pitct Psi 0 Gpm 0 Total Flow: 896 895 Extrapolated GPM Fire Flow @ 20 PSI Residual: 1947 The Extrapolated GPM Fire Flow Must Be Used For Water Supply Determination. Fire Flow Test Fee: e / Fire Official's Signature tee' , 5- COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Melissa Zone, Principal Planner PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: _Our Lady of Guadalupe LOCATION: (Common Description) 219 S. 9th St. Immokalee,FL 34142 SUMMARY OF WAIVER REQUEST: Request is for waiver of historic and archeological survey on site of Our Lady of Guadalupe Catholic Church in conjunction with a conditional use petition (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) historic Prescreation'Poni1s ret.1K6O;/OS 1 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant(s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee,trustee, etc.): The Diocese of Venice Mailing Address: 1000 Pinebrook Rd. Venice, FL 34292 Phone: (941)484-9543 FAX: E-Mail: Nepip @DioceseofVenice.org B. Name of agent(s) for applicant, if any: R. J. (Buck) Ward, P.E. Spectrum Engineering, Inc. Mailing Address: 1342 Colonial Blvd., Suite D-31 Fort Myers, Florida 33907 Phone: (239) 277-1182 FAX: E-Mail: rjward @spectrumengineering.net C. Name of owner(s)of property: The Most Reverend Frank J. Dewane, as Bishop of the Diocese of Venice Mailing Address: 1000 Pinebrook Rd. Venice, FL 34292 Phone: 941)484-9543 FAX: E-Mail:Nepip @DioceseofVenice.org Note: If names in answers to A and/or B are different than name in C. notarized letter(s) of authorization from property owner(C) must be attached. I listoric Pccscrsation%I orms'rc .ti6 ;i;8 2 SECTION TWO: SUBJECT PROPERTY DATA(Attach copy of the plat book page (obtainable from Clerk's Office at the original scale)with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description,which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: 398,981 square feet, or 9.16 acres Width along roadway: 632.61' Depth: 630.8' C. Present use of property: Our Lady of Guadalupe Catholic Church D. Present zoning classification: RMF-6 + P lEisloric PresenatiovForm rcv. 6 US 08 3 SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph Aerial photographs show that the property is cleared and developed 2. Historical Land Use Description: This property has been the site of Our Lady of Guadalupe Catholic Church for decades 3. Land, cover, formation and vegetation description: FLUCFCS = 172 -religious 4. Other: B. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. 111‘,10-R Prescr'ati n orm rc\ U6'(!> )6 4 SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 Y2"x 14")folder. Signature of Applicant or Agent Printed Name of Applicant or Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The County Manager or designee has made the following determination: ❑ Approved on: By: ❑ Approved with Conditions on: By: (see attached) ❑ Denied on: By: (see attached) Historic Preser\ation Form,'*ct.f t>5 iS 5 Folio # 00123840008 Our Lady of Guadalupe Legal Description (from OR 1112, page 1604 Collier County Public Records) The southeast quarter (SE %) of the northeast quarter (NE % ) of the southwest quarter (SW1%) of Section four (4), Township forty-seven (47) South, Range twenty-nine (29) East, Collier County, Florida w •: -: � ;i,, •3: zR. �; r; ''R; " '�` '�°,'.• , .,, ,. '�'+ir2F:'=%r'HrlYm�N,�..g''' b �y .:t "„ , Sc - ,,, „ a f • • , ,1' 4 µ: Vi-�4� *�• •?..• • , �..- � - 1111, ammr <,+- >is g< 2 .R rF £ elf +S Y'' ,1 s`` 'Y4 4 _ 3.„ . 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Reverend Carlos Reyes Ramirez—Pastor of Our Lady of Guadalupe Buck: Good afternoon, Ladies and Gentlemen. My name is Buck Ward. I'm a civil engineer. I'm with Spectrum Engineering and I have prepared a plan that you can see here. Collier County requires that we have a neighborhood information meeting in order to move forward with the process that we are doing in order to get our plan approved. So, that's why you all have been invited here. Our plan is to build a new church, a new sanctuary on this cite where this building is here. It's going to be a 1,050 seats, where the existing church over here now has 650 seats. The existing church will remain in place. We are also going to add a pastoral center over here which will have classrooms in a separate building. As you can see on this plan, we are here right now. This is where the new building is going. This the building over here. It will remain. This is the rectory office. Here is the existing church. Can everybody see this? The new church is going to be so much larger. There will be a lot more parking. So we will fill up the back area with parking. We are still having some sessions about trying to litigate that a little bit so it can still be used for Bo: This is a sign in sheet. I will need you to start with the first person in this aisle. Please sign in and pass it down. Thank you. Buck: So the purpose of this meeting is to get any comments or suggestions or general reaction from the neighbors and the public and that sort of thing. We can then go to Collier County and say this is what the folks said. So we have microphones here. This is being recorded for them and if anyone has any questions, I'll be happy to answer. If anybody has any comments or anything to say, please come up here to this lectern because there is a microphone right here. Anybody? 1 Bo: Our architect is George Palermo, Esq. We are here for the benefit for yourselves,to make this a beautiful church and for Father Carlos. (Inaudible — Bo, too far from microphone). It's going to be a beautiful addition. It's going to take a little bit of time. It's not going to happen overnight, but this is the first step. We need to, like Buck said,get up to that point. Please, if you have any questions or anything that will be done. Father Carlos did a pretty good job of how this church will look like, how it's going to serve your needs and make it a really beautiful addition to the campus. Question: Is this entrance going to stay? Buck: Do you mean the driveway entrances? Question: Yes. Buck: No. They're going to be changed. Right now there are three entrances; two big ones and a little one. Question: What's the interest in(inaudible)? Buck: They're going to be changed so that they both can function as two or it may be more practical to but, we'll have a two way drive. I expect most people use for coming in where the one way exit is now. The two way entrance that is right in front of this building will not be used anymore. The large one down here will have an entry way and two exits because as you can see it from this point right here, that entrance is right here. (Buck is too far from microphone to fully understand what is saying). Collier County requires that before we have any parking spaces or anything they have to be set back 50 feet, so that if somebody is turning in and someone is backing out of a spot, you don't back traffic out into the street. We couldn't do that. Question: Are the trees all going to be come down? Buck: Most of those pines will come down. Question: What about the parking area over here? Buck: Some of that,about half the parking area will remain just as it is. So,the new building is a lot larger than this building. So the new building is going to cover up some of that existing parking. There will still be parking on the south side of that building and one double bay of parking will remain just like it is. The pavement might be spruced up, but it's not going to be changed. Question: And then you said the parking will be in the back? How much of that area will be taken up and how much will we have to hold our activities back there? Like our portables? Buck: Well,that's a concern that we have and we just initiated; we've been talking about that since the beginning. All of that back area is going to be for parking because Collier County says if you have this many seats in the church,you have to have a certain number of parking spaces. Question: Father,is it going to be paved? (inaudible). 2 Answer: One of the things we're going to do is demonstrate to the county how in November you have a carnival and that carnival has a lot of exhibits and other things and we have some aerial photographs from last year that show the intensity of the carnival area as parking and it is all pretty well defined and by showing the county that we think that we can make an argument to the fact a portion of the proposed parking,which can still function as parking most of the year, is going to be once a year or twice a year reserved for those activities of the carnival. So, that's part of what we have to do. It's a matter of showing the history of the carnival and the activities and what occurred during that carnival and how it impacted the parking as it was at that time and how we are going to accommodate it in the future. Question: So you will be building a retaining area in the back? Answer: The retaining area stays approximately where it was. It's going to be squared off and widened a bit, but basically the drainage remains where the drainage was originally. Question: So, if you are changing the driveway here, is the fence coming down? Answer: No. The fence, do you mean the pillars? Yes. That will remain in the buffer. It's going to remain part of the proposed entrance. Just like it exists now, there will be some repair work to the ones that have to be closed up. There will be some enlargement and removal of the areas where the driveways get bigger. But basically we want to maintain that same feeling along 9th Street. Buck: Up here,where it is a one way entrance now,that entry way will be widened and so one column will have to be removed in order to allow that. Question: Besides the back and the sides, are those the only two places that the parking spaces will be on the side? (Question was too far from microphone to pick up exact wording of the question). Answer: Yes,there is going to be parking between the new church and immediately on that side, but most of the parking will be in the rear and on the south side. Question: Is there a specific number of spaces that to be handicapped, just spaces parking spaces? Do you know the number? Answer: If I recall the number is 450 parking spaces. There is not anywhere that number on the site now. Question: When the side area is being constructed, like the classrooms, where will we be? How long will it take for that to be under construction? Like the classrooms? They will be constructed in the same area. Is that correct? Answer: The classrooms will be built right next to the soup kitchen building. Question: She's asking because a lot of us are catechists. When Catechism is going on,she's asking if construction is going to be there? 3 Answer: That's correct. It will be separate. Question: They don't touch in other words? Answer: They don't touch. It's about 20 feet or so away from the existing building and totally independent. We are building a new free standing 5,000 square feet. Question: Will that building be knocked down? Answer: No. We are adding. There is plenty of room and that's where we're putting it. Question: Behind us? Is it still going to be there? Answer: Right. This building is the only one that will be removed. The building here right now. Question: You are building one next to the (inaudible). Answer: That's correct. Question: Everyone can get to it (in front of it?) Answer: In front of it between existing Catechism and 9th Street is all we need to go Yes. Question: What they are wanting to know if, we're still going to have our classrooms in our Catechism building. Answer: Yes. That's not going anywhere. You're getting a new building with 8 classrooms in it. Question: .....classrooms all year? Answer: We can't help but give them to you. So did that answer your question? Yes. Answer: A new building with 8 rooms. Question: (Inaudible) Answer: There is not going to be anything that's going to disrupt you. The contractor will provide some dedicated walkway space, privacy, as well as security, so that on one is injured by the construction. Will we end up fencing the entire area. Question: So we will have a total of how many classrooms in the new one? Answer: 8 Question: Plus the 6 existing? We have 14 classrooms. Correct? Answer: Yes. 4 Question: 14 total, with the old and the new. With the new building we are not going to get any offices? Answer: Just classrooms. Classrooms. There's a greeting area. There's a large corridor which is actually a space and restrooms and Of circulation. Question: Now with our old church Bo: Do you want to explain that? Answer: The existing church,you have a wonderful chapel. That will remain,the chapel because it can serve for weekday Masses and things like that;special events. Perhaps small marriage ceremonies when the big church is just too big. The rest of the sanctuary will become a large parish center. We are also going to add a substantial kitchen addition to it so that you can have real facilities for catering and cooking and whatever, far greater than a simple little kitchen. It will also serve to service this area. So probably bring the restrooms up to ADA standards. There will also be a connector between the parish center and the sanctuary, so that you can actually get from one space to the other under cover and that's a little bit because this building is forward and it has a presence on the street. But we still need to communicate between the sanctuary and the parish center. So we are going to be doing that with a very simple arcade that connects the two and it's also a foul weather area so that people aren't drenched during rainstorms. Question: As far as the kitchen,are you going to designate part of the sanctuary that is there now into the kitchen or are we adding? Answer: The very last 14 feet of the southernmost wing, which is just the last little bit and it's long enough. It's wide enough. We'll have additional support, but basically it will be that little portion, the last 15 feet of the southern wing,the part closest to the school. Question: Is this building going to be completely? Answer: Gone. Completely. Question: The whole nine yards? Answer: Yes. It's been here since 1961. So I think it's going to be time for improvement to come in. Question: I was baptized in here. Answer: Really. Oh boy! How old does that make you? Question: A long time. I was baptized, made my First Communion and made my Confirmation here. Answer: This building has a lot of history for you. 5 Question: For all of us. (inaudible) are going to be moved to be used in the new church,like the windows? Answer: No. It turns out that there is nothing that we can keep. Everything that is there now, the existing stained glass and all the other aspects of it are to remain. There is no reason to strip it. We can use it to accommodate the new facility. I think the only thing we had an issue with, is that we might take the cross off when they put the cross on this one,on the new one,from the standpoint,the Bishop wanted to be very specific that this is the identity and that is the parish center. So that would be the only minor liturgical items that might happen. And again, it's still going to be the chapel. Question: This tree right here. Is that going to be moved or anything? Answer: It's gone. Question: That one right there? Answer: Yes. Question: The one right her in front? Answer: Yeah. This one right here. Question: (Inaudible). Answer: It is. It's too close to the building. We are trying to maximize the building itself. We kind of need the space. Trust me, I wasn't happy about that either. There was a discussion about that. Question: What other modification are you going to do to the existing church? Answer: I don't think there's a lot. Basically, we will be painting, refurbishing some of the windows. Basically, minor upgrade. Question: Are you going to remove the pews and make it ? Answer: Absolutely. We are required That's one of the requirements. Question: Anything you would do the closets? Answer: We haven't gotten that far. We are hoping that after we get done with this process with Collier County, we'll have a couple of meetings here to discuss those specific needs because there is no storage to speak of. There are some existing rooms over there that won't be needed which we can convert. There is also a possibility to have some real storage for chairs and tables so that you manage the space better instead of having everything piled up like that. Question: You did say the chapel was going to be closed? Answer: No. The chapel stays where it's at. It has a glass front in it. Again, that's up to you to tell us. Right now it looks very nice as a sacred space. I wouldn't want to take the glass off and just it 6 behind the wall. I kind of like the idea of being able to see into it. But that's something we expect the laity to give us some input so we can do it correctly. Bo: We have some questions over here. Question: I have a question. This new church that's being built because we've seen this one and we've seen the other one built and the new church is being built. Is that going to have room to expand in the future? Ina few years? Answer: Again, we'll have to accept the fact that based on Collier County's rules and regulations anything larger than what we currently have cannot be supported unless there was more property added to the site. In other words,we have to balance between the drainage area,the parking area and the buildings. I promise you,there's no room left to put anything else on it. Question: So, my next question is, is there any possibility in the future to add a second floor? Is it possible for Catechism for children of a certain age to be located on the second floor? Answer: So right off the bat,there are State regulations for daycare facilities and school facilities that forbid us for putting a certain age group above the first floor. That usually makes it very difficult because that's where your largest population is. So let's say in 20 years there's probably will be a need to basically remove that building and replace it with a new building. It's more efficient, laid out in a better configuration, but a second story isn't the answer because it will also require elevators and stairways and before you know it whatever you added to the second floor you subtract from the first and second floors. So, it looks like something might occur in the distant future, but it will probably need to basically rehabilitate or more than likely remove the existing buildings and basically reconfigure them more efficiently. That would be the way you would get more Catechism space. Question: What is the time frame for all of this? What time you begin to start? Answer: We're looking at a construction period of 12 months. The thing is the permitting,this is part of the permitting as well as the building permits,the site plan approvals. I'm not going to give you a date as to when we start because then you'll hold me to it and then you'll be throwing darts at me. Question: We've been at this for a year. Answer: We have. Question: So we've already used up our first year and the process of doing our preliminary work and getting the diocese approval and getting our work with Collier County. So this is the modern era here. But the actual construction takes less time than it does to permit. Answer: That's exactly right. Question: Somebody had suggested that there's a road that runs alongside the church property and somebody suggested that maybe that could be like an exit or entrance, but it's not paved. Would that be something that you guys would address or would the church have to address it with the county? 7 Answer: You talking about the dirt road next to the parish hall?(Yes). It's not our road. Yes, it is. It's Boston. Bo's question: It's Boston Road? Yeah. Bo: It's not a road. Is it? Yeah. It's an easement rather than a right of way and it's not paved and if we were to use it,you would probably have to pave it, bring it up to county standards. Bo: With retainage,surface management and everything else. What the county wanted us to do was to reduce the number of access points to the roads. Question: To reduce the access points to what? Answer: To reduce the number of access points to the road. Question: Why is that? Answer: General policy. They don't like having a driveway every Question: But if you're trying to exit. Although it makes little sense, there's more control if they have fewer exits. In other words, if they require or we elect to have an off-duty policeman come and help during those busy periods They never help. I know. Question: How many exits do we have? Answer: We have two coming in and two going out. Question: But I mean,coming from the back parking lot, how many points of exit will there be? Answer: Two. I think it is now pretty much. Question: There's only one. There's a road right there on that extension you're talking about. There's a road that could lead directly that way to Highway 49 and that could be way out which is Hancock. 8 What you would end up doing, not arguing for or against you, is then placing a lot of traffic a secondary road that isn't designed for it. Whereas, 9th Street has a signal and it's more or less ready to accept this volume of traffic. If you try to shift it, there would be all sorts of issues with those local people because everyone would take that way because it's the easiest, quickest way off the site, but it gets complicated through the neighborhood. We've tried. Question: Only because running through the neighborhood, originally do you not want traffic going through there? Answer: I have no preference one way or the other. Question: They wanted the light? Answer: Traffic engineers, you represent DOT and You believe so many dots go that way and so many dots go this way, the traffic, the road itself goes to a major road thru-way then that's wonderful. They then can survive or anticipate that 1000 cars can make that trip in so many minutes. It's a function of a formula. Question: So in other words if we were to put pressure that we wanted an entrance and an exit back there,would it put us back in building the church? Answer: Yes, it would because you're complicating the process by adding another separate set of circumstances where one group will say we can't decide until they decide about what you asked them. I think this is something that could be evaluated later. Question: Can't you foresee that those two entrances and exits will move the traffic? Answer: The book says it should. Question: This is a putz, right? Answer: We think the circulation within the cycle will be Improved, but moving 150 cars to out of the site, we have people leaving the Mass and some other people coming in at the same time, we can't do it like that. We think it will be improved, but it isn't going to make it instantaneous. Bo: Basically every church has the same problem with traffic flow. I don't think there is a perfect design anywhere. I don't think if there was,we'd be up there. Question: Classrooms. If you can be done remodeling the building, the classrooms won't be touched at all? Bo: No. Answer: paint? Bo: That's what's happening Saturday. 9 basically keep the two items separate. There's a good reason for that. We have connected the two buildings. Everything in the existing building up to a certain level, which would have ultimately reduced what we could do in the new building. The most bank for the buck is the separate new building. Question: Then it's up to us to........ Bo: Yes. I've got a trivia question for you. Probably the most important for you, I found the contractor what it took, how much it cost to build this building in 1961. Take a guess how much it was. Answer: 1961. About$30,000. Bo: How much? $5,000? Take a guess. I heard $3,000. How much? $5,000. Anybody else? $12, 235. Do you know how much the permit fees were? $35.00. Question: How much is it now? Bo: You don't want to know. You ask that guy over there. He's from the county. But that was interesting. Doors were like $200. Block and masonry was like $500. $12,235. Too bad it's not the same price now. Question: So you can erase that. That's what it cost to build this building. Are you going to tear it down? Bo: Yep. It's going to cost more to tear it down,than build it. This one here. Sanders Hall. When our congregation, it's worth more than that because a lot of us got married here and our kids were baptized here, Communions, Confirmations. It's worth a lot more than that. Bo: It is. Dedications in there bring back memories. I look at this and there's a lot of stories here and it's great. It served the parish very well for the 55 years, whatever it is. But the building he designed is going to be spectacular. Technology is improving. Better air- conditioning too. Bo: We did have a rendering of what the new church and building will look like. Did you bring the rendering? Question: (Inaudible). We're talking about the inside. In other words, have you built another church that is similar? Answer: Of course. This is going to be as gorgeous as Jesus the Worker. It will have basically the same interior volume, the same interesting ceiling, the same cry room, the same size restroom,the same sacristy. It will be that large. 10 Question: Will it have a permanent altar? Bo: Yes. Question: Because right now Answer: Most definitely. So basically it's a 16,000 square feet facility. Question: Is audio going to be incorporated into the building or is it going to be something separate that can later be worked with? Is it going to be into the speaker systems? Answer: It part of the budget for him,and yes. Bo: It's all inclusive. It's going to be brand new. Answer: There won't be anything from this building except maybe the cloth moved over. Question: Are we getting everything inside the church new too? Bo: No. We are going to go down the street and get the used stuff. It's all going to be brand new. Of course,you are going to have new pews. Bo: New pews and everything. That's about $65,000. Then you are going to have the altar furniture. That's about $15,000 or $20,000. There will be a lot of other smaller pieces that are part of.... Basically all of the cabinet work in the sacristy will be built in and there'll be provisions someday, not now, for more than just an electronic set of bells. Question: (Inaudible).....what about all your flooring? Will it be carpeted? Answer: There will be carpet where the pews are to reduce the amount of noise and also hard tile where you walk and where you circulate. We'll have the best of both worlds. Otherwise the room would be too loud. The acoustics will be ten times better than the space right here and we won't have to have things on the walls. It's all built in. The ceilings, the upholstered pews. It's a balance and it'll sound wonderful. In terms of the actual interior sounds will be perfect for both speech and for music. Question: Do we have to have carpet? Answer: You will have to have carpet under where the pews are. The reason for that is if you don't,then we can't control the liveliness of the room. We need a certain amount of soft stuff. Bo: There you good. It's beautiful, isn't it. If you like, I have pictures of the inside and give them to Bo. I'll get them to you and I'll send them to Father. You've all seen this one,right? 11 Bo: It's the same thing as that. No,this one is bigger. Question: (Inaudible). Bo: Yes, right here. Right in front of it. Absolutely. Basically to make the front of the church look more dramatic, we have taken off the portico. Some people have put it there and then it was moved to the side. In other words,for dropping off during inclement weather, it's on the side. But in terms of real processions and real activities, like marriage which is shown right here,we wanted to leave the drive open like you would find in any other major facility in Europe or South America. And what I will do is get you the pictures of both the inside, inside looking to the altar, inside looking to the narfix. It shows you where the windows are. It shows you the altar furniture and it shows the overall layout of the inside. The tree is in that picture. Question: Is it going to be the covered walk? Where? Is it going to be a square building or is it going to have wings to the side? Is it going to be a square building as it is? Bo: It's going to be just like this,that shape, right here. There will four different roof levels. Bo: Okay. This lady had a question. Question: Is it going to be exactly like that picture with the domes on the roof? Bo: Yes. Question: Okay, because a lot of times you see one picture and then something else comes out. Bo: No,that doesn't happen. Does it? Question: (Inaudible) Answer: The levels,the four different levels The four different levels of the roof, in the front of the building. There will be gable roof in the front. It will go over the restrooms in the narflix and the daytime Then the next portion of the building, we'll have two towers and those will have domes on top. Behind that will be another gable roof, but higher. That will be over the main sanctuary. Behind that there will a lower roof which is over the Sunday sacristy and some of the mechanical rooms and some storage and also the choir area. Question: The fire exits will be Answer: In the rear. No. There's a small choir practice room. 12 Question: But where will the choir be(talking at the same time as the contractor). Answer: Wherever it wants to be. Question: There's not like a designated area just for the..... Answer: There's now a designated are in the plan and I'd be happy to share that with you. But basically there's an area that more than likely the choir will sit 90 degrees to the main sitting area and that will be microphone from above and that's just area will there will be........ Question: It's not going to be anywhere near the pews or where it would be in their way? Answer: No, it's off to the side. There will also be a large electronic box that more or less controls the sound from the choir area as opposed to somewhere else. Question: How big or how long would Answer: The fee is still with the The pews are not allowed to be any wider or longer than, I think, 30 feet. Question: How many? Answer: Four groups. Question: The total seating? There you go(being shown the plan). Answer: In addition to these pews there will be a few chairs for handicapped and also the choir. Question: What is that light over there? Bo: This is a bathroom right there. Question: That's going to be the main entrance? Bo: The main entrance is right there. That's where the mariachi guys are in the rendering. Also, the side entrance will be here. People will be dropped off in the front. There is also entrances in the back. Question: After this meeting,what are the prospects before Bo: Lots of prayers. Question: We can do that. Bo: That's the question I've been asked. We've got to get approval which is what we are doing now. Then we have to get a site plan approval. Then we get the building permits and then we build. So we still have a few levels of getting up to the point that we need to be. 13 There is nothing we haven't prepared for. We're just in the process of sitting patiently and wait for the county to go through the process which has to do with the review of the engineering which is in the works. By the time the engineering is approved and the site plan is approved and the conditional use is approved,we go for a building permit. The building permit is a pretty straightforward thing. We have to go through an architectural review and then submit the plans. The plans have been complete now for 4 months. So we're ready to jump on it as soon as we get to the next level. Six months. Question: Is the sound system Bo: It's going to be much better. It's going to be like this one here. In the last couple of years, the cost has dropped dramatically. We basically will have microphones rather than have people wired up. We will also have a series of pews in the front for hearing impaired. The whole thing comes in the package and we can do so much more now with the same budget now that we had ten years ago. The quality in which you are going to get is head and shoulders above anything anyone else has. Question: How much is it going to cost us? Bo: We're still establishing budgets for this. We don't have that yet. We're doing two buildings, so it will be considerable. I want to introduce you guys to Mike Behrndt, he's the guy in the white shirt. He's the one that took your tree down. I had to blame somebody. This is a neighborhood information meeting. Are we going to keep talking about the interior details? You can stop the recording. Bo: Are there any more questions? I think we've got them all. Question: My question is, you asked the question you think enough people„ you're asking for example,to stop because we says church, Spanish church,the Spanish people feel,we ought a lot....you have enough to start this point because everybody should cost,we should have more questions. Do you think the number of the people enough to answer all the questions you have about your project? Or the plan you have? Bo: Well, this is a neighborhood information meeting that, like we're all here, the consultants are here to answer any questions you may have. In terms of what I think you're asking me, you're asking me....this is probably the biggest church we can build in the space provided and we need to have parking and we need to have parking to go with the church to make sure we have enough land. So, If I think I understand your question correctly,you're asking to see that its big enough? Question: No. I think if had more people here in the meeting Bo: Everybody.... People that got notified of this are the people that live in the perimeter of the property. Okay. It's a newspaper ad. So that's why you people are here today. 14 Question: I did not know that. I came at the office and they said you will have to come to the meeting. We didn't know. We are here because we I would say that right now we have 3 or 4 times as many people at this meeting that any other meeting we've ever had. Question: I have another question. Do you have a specific question that regards to Creole church? I think what she is trying to say is if people came There is only one answer for this. This meeting is not for the community. This meeting is for the neighborhood. It's for the people who is our neighbor to need to understand what is going on and we build a new church. This meeting was announcement in the newspaper and the radio and in the internet because it's for the people outside. It's not for the people inside the church. All of you that know that what's happening out here. It's not for the community. It's for the neighborhood. Bo: This is a neighborhood information meeting. Question: I just want to say that nobody can go against it so that we won't build the church. Is that what you are trying to say? (Inaudible). In other words, there are people asking question from the parish. This is not a parish meeting. Bo: It's not a parish meeting. It's a neighborhood information meeting. You mean just for the people that live around? Bo: That's correct. This is for your neighbors. Those people that live alongside the church. (Not inaudible). That's wonderful. That means there is no community objecting to the location of the church, or the size of the church or the fact that the church has been a good neighbor for these years. Those people, if they don't that's why I'm saying, there is more people here than I've ever seen at one of these meetings because there is no controversy. However,this is not the parish meeting. Some of the things you're asking,we will discuss later as a church keeping entity to incorporate your input into the facility in some of the more details. Question: I have.....I used to have(inaudible) use to have the room that kids cry. We have that. 15 Bo: The cry room. We have that. Screaming children can be accommodated. Maybe we need a bigger one. We have soundproof glass. We have a baby changing area there inside the space. Bo: Is there any other questions? We're going into a lot of details of the building. Basically we are just here to introduce the building. Does anybody have any more specific questions about the introduction of the building to the community? Did everybody sign in the"sign in" sheet? Question: very much the parking, the entrance, the exiting. That's the important point. Because that's where we have the most problems. Question: I have a question. Will the parking area all be paved? Approximately a third of it will be paved. The rest will have driveways and grass parking. Like it is right now. The site plan shows a large parking area fully paved and then driveways and circulation space. It will be better than it is right now because the county requires us curbed all our ends. We can only string together so many parking and each island is going to be curbed. It's going to have plants and landscaping. 70 percent of the parking will be grass. 30%will be paved,give or take. Bo: I don't think I introduced Mike Sawyer. Mike Sawyer is from Collier County. He's the guy that makes it happen. Are there any questions in terms that we have or haven't covered? I think we pretty much know how the building looks and runs and how it's going to be introduced into the community. Is everybody fine with that? Having said that,thank you so much for coming tonight to see what we are doing. 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Zit: Ct) 4' N 00 0 O l AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance Signature of A.plicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 21 i`day of 7)"20,144 ,201by 7o kda.,h /1/.e oiro ,who is personally known to me or who has produced as identification. (Signature of f'otary Public) 2 �/ 4 �.�D'Seal)BEVERLY L.KONDAS L f�p7�GrOLts , P.-- .`' Notary Public-State of Florida • _ ••E My Comm.Expires Dec 18,2017 Printed Name of/Notary =N,; .,. Commission N FF 064843 ‘4411.:A.''' Bonded Through National Notary Assn, G:UIIM Procedures/Affidavit Of Compliance-NUM Oct20l0.Doo Neighborhood Information Meeting _ Our Lady-of Guadalupe Church CU-PL20140000998 I NAPLES DAILY NEWS The public is invited to attend a neighborhood meeting held by Published Daily Diocese of Venice/Spectrum Engineering at the following time Naples,FL 34110 and location: 1 Affidavit of Publican Thursday, April 16, 2015 at 6:00 p.m. EST. State of Florida Our Lady of Guadalupe Catholic Church , Sanders Hall 219 South 9th St, Irimmokalee, Florida 34142 Counties of Collier and Lee The subject property consists`of developments that comprise Before the undersigned they serve as the following: appeared Daniel McDermott who on Inside Sales Manager of the Naples D Demolition of Sanders Hall newspaper published at Nap les, in Cc • Erection of New Sanctuary for 1050 occupancy p r p Erection of new pastoral center distri buted in Collier and Lee countie of approximately 4748 square feet. attached copy of the advertising,bein A formal application has been PUBLIC NOTICE '` ' ' s�s . made to Collier County. This ao w5�3o � ac®a��—� application is fora conditional ..,...„,„ use petition to allow the use of in the matter of PUBLIC NOTICE �3 L tip. p was published in said newspaper 1 tin !! - vsazo , . ®; . the proposed developments on April 1, 2015.`' I–.1 I I ��'� indicated above ee _Ai e3o o s aa®�g Affiant further says that the said Na F A"`` I�'�•�� :, r � published at Naples, in said Collier Cc % � ` v � ` newspaper has heretofore been contim N - 1, x 3 fF County, Florida; distributed in Collier n � ` . ,_,., . each day and has been entered as seco a I ' 1— y office in Naples, in said Collier Count a, > year next preceding the first publicati, n�F a� ,b ^�'� i � w t :. advertisement; and affiant further says I k Z MAP k ._,, promised any person, firm or corporat: � � # commission or refund for the purpose Business and property owners, residents and visitors are wel publication in the said newspaper. come to attend the presentation and discuss the project with the f owner and Collier.County Staff. If you are unable to attend this (Signa - a..-- ) meeting, but have questions or comments, they can be directed by mail phone or e mail to: �� n y 4 " ' R.J. Ward, P E. :R 4...„,,,....,_,. Sworn to and s .bscribed before me ,. Spectrum Engineering Inc. Ths�l7th day ofAp '1, 215 1342 Colonial Blvd, Suite D-31 W E Fort Myers, FL 33907, '! � I v , ✓ �,.� _ L 239-277-1182, rJward @spectrumengineering.net (Signature of notary public) April 1,zo No.231123987 ?- 1 As- 1,2, VnnUL.rUI.IUUI1A /411';,i14-"P'':°, �= Notary Public.State of Florida °►. i Commission#FF 185830 -"` - 4 l My Comm.Expires Dec 28,2018 ''ER, t.. Bonded through National Nay/ Assn 1OA » Friday,July 24,2015 » 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,August 13,2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. CU-PL20140000998 - Diocese of Venice in Florida, Inc. requests a Conditional Use to allow a church use within a Residential Multi- Family-6 (RMF-6) zoning district pursuant to Section 2.03.02.B.1.c.1 of the Collier County Land Development Code for an expansion of the existing church located south of Main Street (S.R. 29) at the southwest quadrant of the intersection of 9th Street S. and Boston Avenue, in Section 4, Township 47 South, Range 29 East, Collier County, Florida WEST MAIN STREET (S.R. 29) - 11 i (9AZvyE) ';i' SITE LOCATION COLORADO AVE_ (C CWC0E) a i lila!VErOii.iEal. 'U„ Q_ 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 reports are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 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 Division 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 EXHIBIT tr Collier County, Florida No.231 1 21 370 July 24,2015 a—-N L� k . z a L S / 4 1 / amS JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Our Lady of Guadalupe (South 9th Street, Immokalee, Florida) November 3, 2014 Revised January 14,2015 g-� Z_ Z��S -� /✓� ALT O 0.6e5 5. 1 6. 3 �. I Z) Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 761 21 BT STREET NW NAPLES, FLORIDA 341 20 (239) 919-2767 CERTIFICATE OF AUTHORIZATION NO. 27830 (PROJECT NO. 1 4051 6) 14 -Zdig JAM/' M. BANKS, P.E. DATE eya''Z�Z��J FL.',' DA REG. ND. 43860 I�JC TABLE OF CONTENTS Conclusions 2 Methodology 2 Scope of Project 2 Table A-Existing& Proposed Land Use 3 Figure 1 -Project Location &E+C Road Classification 3.1 Site Plan 3.2 Project Generated Traffic "Net New Trips" 4 Table B-Project Generated Traffic "Net New Trips" 4 Table 1 -Trip Generation Computations 4.1 Existing+ Committed Road Network 5 Table 2A-Area of Impact/Road Classification 5.1 Project Traffic Distribution 6 Area of Significant Impact 6 Figure 2A-Project Traffic Distribution 6.1 Figure 2B-Project Traffic Distribution 6.2 Table 2A-Area of Impact/Road Classification 6.3 2014 thru 2018 Project Build-out Traffic Conditions 7 Table 2B- 2014 thru 2018 Link Volumes 7.1 Table 2C-2018 Link Volumes/Capacity Analysis 7.2 Turn Lane Evaluation 8 Appendix 9 1 Conclusions Road Impact Mitigation Requirements Based upon the findings and conclusions of this report, it was determined that Our Lady of Guadalupe will not have a significant impact upon the surrounding road network. It was verified that all roadways and intersections, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed expansion of the worship center,and the network will continue to operate at acceptable levels of service for 2018 project build-out conditions. Furthermore, the report concludes that the project will not create any transportation deficiencies that need to be mitigated. Site-Related Roadway Improvements Turn Lane - It was determined that ingress turn lanes will not be warranted at the project's access on South 9th Street during weekday traffic conditions,but will be warranted for Sunday service events. That is,weekday AM and PM peak hour turning movement volumes will be less than 5 vehicles/hour turning left or right into the site,but during Sunday peak hour conditions the minimum thresholds will be exceeded. Because warrants are only satisfied for a one-hour event on Sunday, a waiver to the turn lane requirement is being requested. It should be noted that turn lane warrants were based upon the anticipated future traffic demands that were estimated using the rates from the ITE Trip Generation Manual. The ITE rates were established based upon surveys conducted at other existing churches where shared ridership is much lower than what occurs at this church. Also, many of the attendees reside within proximity of the campus and choose to walk. Therefore, the results of the trip generation estimates grossly overstate the true traffic demand associated with Our Lady of Guadalupe. The report concludes that if a waiver is granted,the one-hour and once-a-week event that will occur on Sundays, as well as the low thru traffic on the low speed South 9th Street during the same period will not present a significant threat to the public's health, safety and welfare. As such, Collier County is justified in granting a waiver to the Turn Lane Policy regarding the need for an ingress left and right turn lane. Methodology On October 29, 2014, a methodology meeting was held with Mr. John Podczerwinsky and Mr. Steven Baluch of Collier County's Transportation Planning Department. The results of that meeting are provided in the attached Methodology Report Traffic Impact Statement for Our Lady of Guadalupe, dated October 29, 2014. As discussed during the meeting, the existing worship center will be expanded from its current seating capacity of 650 seats to1,050 seats. Currently,the worship hall is 8,491 square feet in size and the proposed expansion will result in a total of 20,118 square feet of worship hall and classrooms. The church does not operate a daycare or school and will not with the completion of the improvements. 2 Scope of Project Our Lady of Guadalupe is an existing church which is located on the southwest corner of South 9th Street and Boston Avenue (refer to Figure 1-Location Map/Roadway Classification)within the Immokalee Community. The church is proposing to expand its worship hall from a maximum seating capacity of 650 to 1,050 seats. Access to the site will remain the same. That is, there will be one full access on South 9th Street. For additional details, refer to the site development plans prepared by Spectrum Engineering. Table A Existing&Proposed Development Existing Seating Proposed Seating Capacity Capacity Net Increase Worship Hall 650 Seats 1,050 Seats 400 Seats 3 a) N IF (n Westclox St ,\s∎ le CK o �e`'e 4'o NORTH O NO '*e� N.T.S. O `\94,e �o•4 t.) ,� . Lake Trafford Rd N i . `. x `. to S. C r V) `. O ut V) co « S. L 0) S. C0 z Z Z �`. Immokalee Dr `�`.. I `, I I Roberts Ave I ..... Main 5t (SR 29) CR 846 --.....—.e.....�� mm.wow mow ow. o.., Boston Ave N �.%, st y \ W. Dela ware Colorado Ave Eustis Ave Carver St v I1 0 0 0 0 O E E LEGEND INTERSTATE HIGHWAY woo..am— 6-LANE ARTERIAL 4-LANE ARTERIAL/COLLECTOR 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL RAIL ROAD -- • • - JIG TRANSPORTATION ENGINEERING, INC. Our Lady of Guadalupe Project Location & Roadway Classification FIGURE 1 o October 29, 2014 y r q6f gpl!"41./I.100:1 a 2Q!9 'n{olocilOW mi.tsl t 'M11YhD'IW m{ ' 'a r" Zbtbf VO&!Ol!'33NH0/MI ZBZ4f VOILI013)10 883N1d 361-1V dr0 AO x 1 Milo 000t row A is 1g1i in ES.. W fl a L'=3 d. 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Q f � �� __3.1 1 �I i° L _ • pB1' ' y;6 �'01111 B __-J 11 ai _—I-- I—,-M-; -- --r IIII >„°.....� a �, 11 � ' , , , , :eye: IiirJ - =J 1I ' , , (} ,.. , , 1 , i L, ___ -_-___ ''lie I9 ..-��d_t!J!_.� ° _�_1 1_.-- ._rY-}--dam f _ ___ --- _- i l I III 1 _- _ �l i I =_ __ ___ ill 11 ' I It t 1 1-. I _ i_, ' ' _,�i 1 I 1r ifi ill I I I / 1. —�1 ...1 1 —j—�—fit-- — —._L' 11 )` 1 II ■ ------,V.n--------- .11 � ..... 1 1 rme n6iwJ130 mlusrcJ }i cleat lama_.-_-.a_..___ —_ Pi ....o 4 p. V wH ot 3. a Project Generated Traffic "Net New Trips" The project's "net new" trips os Sunday were established based upon determining the project's total trips for a seating capacity of 1,050 seats less the existing capacity of 650 seats. For weekday conditions,the net new trips were based upon the square footage of existing and new structures. In order to accomplish this, traffic estimates for the existing and proposed seating capacities were based upon the Institute of Transportation Engineers, Trip Generation Manual, 9th Edition-Land Use Code "Church" (LUC 560). Table 1provides a detail of the results for the Weekday AM and PM peak hours of the adjacent street,as well as total daily periods and for Sunday peak hour of the generator conditions. The following summarizes the project's net new external trips. Table B Net New Trips Generated (Proposed Trips Less Existing Trips) Daily AM Peak Hour PM Peak Hour Sunday Peak Hour (ADT) (vph) (vph) (vph) Existing Trips 77 5 5 397 Existing+ 183 11 11 641 Proposed Trips Net New Trips 106 6 6 244 The report concludes that the project will generate less than 50 trip ends during the weekday highest peak hour. As such,the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating"less than 50 trips", which is identified as a small-scale study. It should be noted that the project generated trips were estimated using the rates from the ITE Trip Generation Manual. The ITE rates were established based upon surveys conducted at other existing churches where shared ridership is much lower than what occurs at this church. Also, many of the attendees reside within proximity of the campus and choose to walk. Therefore, the results of the trip generation estimates grossly overstate the true traffic demand associated with Our Lady of Guadalupe. 4 TABLE 1 TRIP GENERATION COMPUTATIONS Our Lady of Guadalupe EXISTING LAND USE Land Use Code Land Use Description Build Schedule 560 Church (Weekday) 8,491 s.f. 560 Church (Sunday) 650 Seats Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 560 (Weekday) (Weekday) Daily Traffic(ADT) = T=9.11(X) = 77 ADT AM Peak Hour(vph) = T=0.56(X) = 5 vph 3 I 2 vph 62% Enter/38% Exit= PM Peak Hour(vph) = T=0.55(X) = 5 vph 2 / 2 vph 48% Enter/52% Exit= LUC 560 (Sunday) (Sunday) Daily Traffic(ADT)= T= 1.85(X)= 1,203 ADT Peak Hour(vph) = T=0.61(X) = 397 vph 198 / 198 vph 50%Enter/50% Exit= ********************************************************************************* PROPOSED LAND USE 560 Church (Weekday) 20,118 s.f. 560 Church (Sunday) 1,050 Seats Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 560 (Weekday) (Weekday) Daily Traffic (ADT) = T=9.11(X)= 183 ADT AM Peak Hour(vph) = T=0.56(X)= 11 vph 7 / 4 vph 62%Enter/38% Exit= PM Peak Hour(vph) = T=0.55(X) = 11 vph 5 / 6 vph 48% Enter/52% Exit= LUC 560 (Sunday) (Sunday) Daily Traffic(ADT)= T= 1.85(X) = 1,943 ADT Peak Hour(vph) = T=0.61(X) = 641 vph 320 / 320 vph 50% Enter/50%Exit= ********************************************************************************* NET DIFFERENCE Trip Period Total Trips Trips Enter/Exit (Weekday) (Weekday) Daily Traffic(ADT) = 106 ADT AM Peak Hour(vph) = 7 vph 4 / 3 vph PM Peak Hour(vph) = 6 vph 3 / 3 vph (Sunday) (Sunday) Daily Traffic(ADT) = 740 ADT Peak Hour(vph) = 244 vph 122 / 122 vph 4. 1 Existing+ Committed Road Network Figure 1 and Table 2A depicts the E+ C road network. As shown, there are no significant 5-year committed roadway improvements within the project's area of impact. South 9th Street is the primary means of access to the site. South 9th Street functions as a two-lane minor collector/local road and has a posted speed limit of 30 MPH. Its intersection with State Road 29 (to the north of the site) is signalized. State Road 29 vanes from a two-lane and four-lane arterial. Table 2A depicts the minimum level of service performance standards and capacity for State Road 29. 5 # o0 2 Z Z Fr) § / e 3 a 16 ti 2 * + E2 q a je ■ 0 A k n z i3 'c7 a i > a. z ® I . w z 2 0- I- 0 _ k -v _ T.- � CL EL 0 2 $• ° _ / / 0 ' \ o Q r a e a ~ N W � � § ko8 J m22 .C ? � CO o > I— � a } E O c CC C a 2 o to kce O q w w � A . $ -.e \ < ƒ ) \ m § O . « % 2 2 2 Et to c z • o % to it it a ■ / $ a as 8 , � Project Traffic Distribution The project's traffic was distributed to the surrounding roadway network based upon logical means of ingress/egress; current and future traffic patterns in the area; location of surrounding businesses and commercial centers. Figures 2A and 2B and Table 2A provide a detail of the traffic distributions based on a percentage basis and by volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3%criteria(i.e., if the project's traffic is 2%or more of a roadway's adopted level of service capacity,then the project has a significant impact upon that link). Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the projects area impact are shown in Table 2A. As shown,there were no roadways that were found to be impacted by 2%or greater than its adopted level of service. As such, only State Road 29 was analyzed to determine the project's off-site impacts. 6 ■ s. ■ \ \\ rii �` ti 4.rn \` 41N r \4,6 0 a: 03 v z `o^Q`'O, B? ,p a 4, NORTH 0 r w .s. Z \ Immokalee Dr ` 1 `\ `\ ■ ■ Roberts Ave 1 1 0 1 rn 1 `\%, 2 . Main St (SR 29) 1� - s O N Boston Ave 10%---10. c U) 0 I W. Delaware 1 I N Colorado Ave c 4., al vi Eustis Ave Carver St v a: m m a O E E LEGEND 65% PROJECT TRAFFIC DISTRIBUTION BY PERCENT JMB TRANSPORTATION ENGINEERING, INC. Our Lady of Guadalupe Project Traffic Distribution FIGURE 2A October 29, 2014 6. I N SITE ACCESS 224 t0 96 rn TOTAL SUNDAY PEAK ENTER/EXIT = 320 VPH/320 VPH a) 4) +A t 0 LEGEND 56 -11 PROJECT TRAFFIC DISTRIBUTION JMB TRANSPORTATION ENGINEERING, INC. Our Lady of Guadalupe Project Traffic Distribution FIGURE 2B October 29, 2014 6. 2,, 4- c 0 Z Z _ N m o W L r O d E O O �+ '0 v 0 '0 0 0 EN N - U) V Y 4 0 0) N z '~ L i3 w Z Y 'o Y a � � r L.a a = 0 z .- (� L_ a Y a w z a F— 4 ; xoa CL 2 LL a) E 0 0 Q o 0 � to a` o N Q Ul N 0 o W • a Z v E a 08 m F u� ° j > la— OJYa o Y � OID am °' efla NI 0 m u U N v c x W M Q lA N fi u s rn Q. o C > U) Q > 0 Z N OG11 (p r. (!J • p1 Y cn L 1p ° it d o z • v o, 05 E N aa` c2 2014 thru 2018 Project Build-out Traffic Conditions In order to establish 2014 thru 2018 project build-out traffic conditions,two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor as shown on Table 2B was derived from the 2014 Collier County AUIR Reports. The annual growth rate was extracted from the growth trend determined via the 2008 thru 2014 AUIR Reports. Using the annual growth rate,the 2020 background traffic conditions were determined, which are depicted in Table 2B. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2014 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2018 vested trips "+" background traffic volumes are depicted in Table 2B. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2018 background traffic. The net new project generated traffic was then added to the background traffic. Table 2C provides a summary of the 2014 thru 2018 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build-out. 7 v a 2 c i= y a a m > N. a a _ H m C N n b .► O 3 d X L p c CO O i+ 7 G . ! Y> al N I N R 0 O a a m Chi 0 `m W a 2 ' yN o 0 O C pl O O J 0 0 0 N Z c.2 o W l"..' o 8 a 0 CZ Q a of 3 cn ce co o 0 N N a 1� 6 ar V 06 V V a E $ o r ti I.! p 2 °m O o p- N N Q in N C) Q' O 6 Q • rn O N • N w N 0 CJ r S co 1. I u' c S O b i Turn Lane Evaluation During the methodology meeting, it was requested that warrants for ingress turn lanes be evaluated at the site's on S. 9th Street. Figure 2B provides a detail of the estimated total turning movement volumes at the project's access for Sunday peak hour conditions. As shown,the forecasted peak turning movement volumes exceed the minimum warrants for a left and right turn lane. However, it is requested that a waiver to the turn lane requirement be granted for the following reasons: Justification to grant a waiver for ingress left and right turn lane along South 9th Street: 1. South 9th Street is a low speed facility having a posted speed of 30 MPH. 2. Two-way NB/SB volume on 9th Street are estimated to be less than 500 vph on Sundays. 3. Turn lane warrants are only satisfied for a one-hour event on Sundays. Based upon the above considerations, it has been concluded that if a waiver is granted, the one-hour& once-a-week event that will occur on Sundays, as well as the low thru traffic on S. 9th Street will not present a significant threat to the public's health, safety and welfare. As such, Collier County is justified in granting a waiver to the Turn Lane Policy. It should be noted that turn lane warrants were based upon the anticipated future traffic demands that were estimated using the rates from the ITE Trip Generation Manual. The ITE rates were established based upon surveys conducted at other existing churches where shared ridership is much lower than what occurs at this church. Also, many of the attendees reside within proximity of the campus and choose to walk. Therefore, the results of the trip generation estimates grossly overstate the true traffic demand associated with Our Lady of Guadalupe. 8 APPENDIX Support Documents 9 i � a a u'u Ar ry V° 8 W P 8 b &,9 O N :,N a q O O m m p 4 N - N 4 N W. Q W'7'J-z 7F 47 k cz n p g. .O O s -b g q BBBBBBBBBBBBBBBBBBBBBEBBB g 1 t OBOBBOBOBBB0BBB00B101oBBBM g F:1 MEIIIEEMEMMMMMMEMIMIMMMMB W el a au Ir r !i'7.±1 iIIIIIlliIIIiIiiIIiIIiIiililiIIIiIIiIIiIIiIIIiIIIIuuIIiIIIIIIil ! IIIIIIIIIIIIIIiI I -I. a 4fW Ilq z 3 q'q - ww w w q 5, F, § , ',°, V , y1 iz, q q w q o q N P q q qq a q ry q qb q . Q p q N g i l -1111:1S'� ]14.! !:3 : Vae, i •. �! w O i '1 3 E 2 ��v �rM��--rte,�,r„��O`o�oo "foJNO�o - w i ili��Qfieee�Elni S��R.�.�� C&l H �O�O b�O�L�O�O�O�Gpp 0 0 0 0 0 0 O Q O O�0••N O O O O O t otnn O O O O O O O O 0 0 0 0 0 0 0 0 0p 0 0N 0 0••fV 0 0 0 0q 0 0 0 0 0 0 0p�-+N fJ 0 0 0 0 0 0 0 0 ;v�v�j vii b b b i b b b b b r r h,4 r n r r r m W m ado m m W W W o O.D\Q Q N Q O. 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Li 1 . i _L_ I 11 __111_ . 114 1 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT For Our Lady of Guadalupe (South 9th Street, Immokalee, Florida) October 29,2014 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 761 21 Er STREET NW NAPLES, FLORIDA 341 20 (239) 919-2767 CERTIFICATE OF AUTHORIZATION No. 27830 1 (PROJECT No. 140516) JAMES / BANKS, P.E. DATE FLORID/ RED . NO. 43860 AMi 'awe ,. APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:10-29-2014 Time: 3:00 PM Location: Collier County Government Offices(North Horseshoe Drive) People Attending: Name, Organization, and Telephone Numbers 1)James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2)Bo Nepip,Diocese of Venice 3)John Podczerwinski, Collier County Government 4) Stephen Baluch, Collier County Government Study Preparer: Preparer's Name and Title: James M,Banks,P.E.,President Organization: JMB Transportation Engineering,Inc. Address & Telephone Number: 761 21st Street NW Naples, Florida 34120 (239)-919- 2767 Reviewer(s): Reviewer's Name&Title: Stephen Baluch Collier County Transportation Planning Department Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Our Lady of Guadalupe Location: Southwest corner of S. 9th Street&Boston Avenue, Immokalee Land Use Type: Religious Worship ITE Code#: LUC 560 Proposed number of development units: 15,420 S.F. & 1,050 seat worship hall and 4,698 classroom/meeting rooms Other: Description: Zoning: Existing: Vacant Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached Mr 2 Study Type: Major Study TIS Study Area: Boundaries: Based upon the County's 2%, 2%&3% impact rule. See attached Additional intersections to be analyzed: To be determined Horizon Year(s): 2018 Analysis Time Period(s): AM and PM Peak Future Off-Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, 9th Edition(See Table 1) Reductions in Trip Generation Rates: Pass-by trips: None Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2018 per Collier County's 5-year CIE. Methodology & Assumptions: Non-site traffic estimates: See Attached Site-trip generation: See Table 1 Trip distribution method: Based upon manual assignment(See Table 2A) Traffic assignment method: Based upon manual assignment(See Table 2A Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or background plus vested trips method, whichever is greater. Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location&configuration: Traffic control: Signal system location&progression needs: On-site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study—No Fee X _ Minor Study- $750.00 Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500.00 each To be determined All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign-off on the application. 0 .SIG - / '.. t-• i Pre-parer Revi ers Applicant , li ,, , \ .,. , ,..< i 1 I f ,- , .,''- \'-• '-'\7– \ E A---_—_-0_—, BA 'i ... __ ,. --I I –, \ 1 , -4— _ _ ; ....__,_---erarark-----–––, ‘, ,---.. „ 1 1 I –.– I I I 111 ) we", –– –– I ! 5* I tliri177-74-71-11,,f1,- : crly-TE).71_17-Fri-r: i ' i 1 I 1. • ,, = ....„ . —1 ..7.7.:____________,\\\ \ , 1111 I I I■ i,- -i- 01A1019)aroma atm \ '` I I I / f ., --- III -- ---.--- ---.--- ---** ----- —I... .–ti., .......-- Y'.....-`,..;•••;,•••■•••* 1■:."..-1–;-°;°,, 1 I 1 1 III -+-- --+-- ''r-ki-- --+-- r_li 71 . 1 I I '1 r I I . .., . . q , , . .... : . 1..._ am., ,..... r-7-1 ii: Id 11 1111 ?fF III! ---1---- ------ --'`f-- --,f--- ' ''' ' 1,-,-1L-2-- ' ' ' ' *',' ' " ' ' ' ' ' ' ' nom -; + ' --•'- --I- - ' * "I:: :IP . ---- 4 -4 ti . 1 ' ■. v) + + + -.-- ___1_ , 1. , 1 -1-- I- -- : ; ; —I-- 1--- I---- 4_ . -- - ,---:— --1 . --J- ! 1, _ I 1 't i'l 1 L.. 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PINEBROOK ROAD VENICE 219 riC4Thl 9Th STREET 11 ''''''''47.4.'1104 tae C"..Ltntm. I I I-not --''' .64174 S ''IL T17,1,311fl r FLORIDA 34292 L ..1 m Westclox St \\ yP4 • is''e 40 NORTH `.so fee' N.T.S. 0 \ e CJ `\ 4, Lake Trafford Rd ce `\ Cl) \ C N \ o m 'r L \\ Immokalee Dr I I `\ \\ I Roberts Ave Main St (SR 29) CR 846 Boston Ave �N L W. Dela ware in Colorado Ave Eustis Ave Carver St v a_ m 0 O E LEGEND INTERSTATE HIGHWAY -OM- 6—LANE ARTERIAL — = M 4—LANE ARTERIAL/COLLECTOR 2—LANE ARTERIAL 2—LANE COLLECTOR/LOCAL RAIL ROAD — • • — JMg TRANSPORTATION ENGINEERING, INC. Our Lady of Guadalupe Project Location & FIGURE 1 October 29, 2014 Roadway Classification M- 6 `,` N4. 0, ``vex 4 D.' , '@„ 0 Z `.�p7 �,p a .10 4r. r NORTH te) N.T.S. Z ` Immokalee Dr \ Roberts Ave I O M ■ 25% Main St (SR 29� 15%�. ♦ 4 ♦ ••■ I!-OMR 41111M K o N. Boston Ave 1 0% N t N V: 4-11—* F--� W. Delaware u) 0 Colorado Ave rn U) Eustis Ave Carver St -o ii 0 O E LEGEND 65% PROJECT TRAFFIC DISTRIBUTION BY PERCENT JMB TRANSPORTATION ENGINEERING, INC. Our Lady of Guadalupe Project Traffic Distribution FIGURE 2A October 29, 2014 M-1 TABLE 1 TRIP GENERATION COMPUTATIONS Our Lady of Guadalupe EXISTING LAND USE Land Use Code Land Use Description Build Schedule 560 Church (Weekday) 8,491 s.f. 560 Church (Sunday) 650 Seats Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 560 (Weekday) (Weekday) Daily Traffic(ADT) = T=9.11(X)= 77 ADT AM Peak Hour(vph) = T=0.56(X) = 5 vph 3 / 2 vph 62%Enter/38%Exit= PM Peak Hour(vph)= T=0.55(X) = 5 vph 2 / 2 vph 48% Enter/52% Exit= LUC 560 (Sunday) (Sunday) Daily Traffic(ADT) = T=1.85(X)= 1,203 ADT Peak Hour(vph)= T=0.61(X)= 397 vph 198 / 198 vph 50%Enter/50%Exit= ********************************************************************************* PROPOSED LAND USE 560 Church (Weekday) 20,118 s.f. 560 Church (Sunday) 1,050 Seats Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 560 (Weekday) (Weekday) Daily Traffic(ADT)= T=9.11(X) = 183 ADT AM Peak Hour(vph)= T=0.56(X)= 11 vph 7 / 4 vph 62%Enter/38%Exit= PM Peak Hour(vph) = T=0.55(X)= 11 vph 5 / 6 vph 48% Enter/52% Exit= LUC 560 (Sunday) (Sunday) Daily Traffic(ADT) = T= 1.85(X)= 1,943 ADT Peak Hour(vph) = T=0.61(X) = 641 vph 320 / 320 vph 50%Enter/50%Exit= ********************************************************************************* NET DIFFERENCE Trip Period Total Trips Trips Enter/Exit (Weekday) (Weekday) Daily Traffic(ADT) = 106 ADT AM Peak Hour(vph)= 7 vph 4 / 2 vph PM Peak Hour(vph) = 6 vph 3 / 3 vph (Sunday) (Sunday) Daily Traffic(ADT) = 740 ADT ( Z Z !l ZZ Peak Hour(vph) = 244 vph 324-/ 320 vph Al— 0 HEX August 13, 2015 VA-PL20140002328 Paul Wassberg July 10, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 24, 2015, and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department, Zoning Division, 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: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising Martha S. Vergara From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Friday, July 10, 2015 3:49 PM To: BeasleyRachel; Minutes and Records Cc: JohnsonEric;Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet,Virginia; Rodriguez, Wanda Subject: RE: CU-PL20140000998, Collee Court Pool Setback Advertisement SUBJECT OF EMAIL CORRECTION: VA-PL20140002328 From: BeasleyRachel Sent: Friday, July 10, 2015 3:35 PM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: CU-PL20140000998, Collee Court Pool Setback Advertisement Good Afternoon- Please advertise the Collee Court Pool Setback petition attachments for the August 13, 2015 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 Gamer Cowiw!ty 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 Martha S. Vergara From: Rodriguez, Wanda Sent: Friday, July 10, 2015 4:41 PM To: BeasleyRachel; Minutes and Records Cc: JohnsonEric; Stone, Scott Subject: RE: CU-PL20140002328, Collee Court Pool Setback Advertisement The title in the ad request conforms with the one most recently approved by this office, and the requested run date is correct. OK to proceed. 'Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: BeasleyRachel Sent: Friday, July 10, 2015 3:49 PM To: BeasleyRachel; Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: RE: CU-PL20140000998, Collee Court Pool Setback Advertisement SUBJECT OF EMAIL CORRECTION: VA-PL20140002328 From: BeasleyRachel Sent: Friday, July 10, 2015 3:35 PM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: CU-PL20140000998, Collee Court Pool Setback Advertisement Good Afternoon- Please advertise the Collee Court Pool Setback petition attachments for the August 13, 2015 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 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 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,August 13th, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20140002328— Paul Wassberg requests a variance from Section 4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for construction of a proposed pool and screen enclosure on property located approximately one-quarter mile south of the intersection of Tamiami Trail East and Airport-Pulling Road in Section 14, Township 50 South, Range 25 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 Department, Zoning Division, Zoning Services Section, 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 Division 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 g t\ z a D mzm O uZ A F A- n mm �0 D m Im ° BAYSHORE DRIVE cl m /�o LJ -DisXIc J At oz / _ �� m (C.R. 31) mn O m > m i� AIRPORT-PULLING RD. H 0 r 1--.7J �^0 c�c _ 1 D m �n omOOCrO Zm o i m--1 m. z� >m �'ay m D :U z �\V H r z 6 z 0 D 0 xl co co .4. O zD71 0 0 z > y xl n O rn r 0 rn o vi m o O 0 m /mI Z --I Co KH n m o 0 m co > rOm V CROWN POINTE z � � -< y O m D � -2 0 Acct #076397 July 10, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20140002328 (Display Ad w/Map) — Paul Wassberg Dear Legals: Please advertise the above referenced notice (w/Map) Friday, July 24, 2015 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154426 July 10, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 24, 2015, and furnish proof of publication to the attention of the Board's Minutes and 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: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising 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,August 13th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. VA-PL20140002328— Paul Wassberg requests a variance from Section 4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for construction of a proposed pool and screen enclosure on property located approximately one-quarter mile south of the intersection of Tamiami Trail East and Airport-Pulling Road in Section 14, Township 50 South, Range 25 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 Department, Zoning Division, Zoning Services Section, 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 Division 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 g z a (I) > rizm 73 AIII7 �- BAYSHORE DRIVE am m �m uo Lu > - ,c J ccno �z �� `' (C.R. 31)6 r9,mf- m iim n AIRPORT-PULLING RD. _ /_3 _ O I- 7 '^o c" — \ , D m x n x)-0000 °z< m m m ..r-<zr m \ �O O > -{ m71 n m)3.z � m D a ° 73 z r O � � r z V -L \`1- N.) > y(r.1 . M z -u� > -0 D ° � U' vi .e - - o I— I < 0 0 � D= :-i z a c D X �0Orn a% w c� m x 0 0 vi m ° O 0 m m= z -- Co n m 0 p m co Dr0m CROWN POINTE T Z -P � m -< D O D z O u) om � 1116 � Martha S. Vergara From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Friday,July 10, 2015 5:04 PM To: Minutes and Records Cc: JohnsonEric;Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Updated Title for Collee Court Advetising HEX 8/13/15 Attachments: Collee Court Pool Setback_HEX_Ad to Newspaper.docx Good afternoon all- Please see attached updated Notice of Public Hearing advertisement (title is updated). This is to replace the previously sent one. Please let me know if you have any questions. Best, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 d er Cowtrity 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 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,August 13th, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20140002328 — Paul Wassberg requests a variance from Section 4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for construction of a proposed pool and screen enclosure on property located at 3250 Collee Court, approximately one-quarter mile south of the intersection of Tamiami Trail asf nd Airport-Pulling Road in Section 14, Township 50 South, Range 25 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 Department, Zoning Division, Zoning Services Section, 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 Division 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 Martha S. Vergara From: Martha S. Vergara Sent: Monday, July 13, 2015 8:31 AM To: Gori, Ivonne (ivonne.gori @naplesnews.com) Subject: FW: VA-PL20140002328 Wassberg Attachments: VA-PL20140002328 Wassberg (HEX 8-13-15).doc; VA-PL20140002328 Wassberg (HEX 8-6-15).doc; VA-PL20140002328 Wassberg (HEX 8-13-15).pdf Importance: High Ivonne, I sent this to you at 5:54 on Friday and the legal department has a correction. Please add the following to the title: Line 3 reads: feet to allow for construction of a proposed pool and screen enclosure on property located approximately one-quarter mile south Please add (should read): feet to allow for construction of a proposed pool and screen enclosure on property located at 3250 CoIlee Court, approximately one- quarter mile south Thanks, Martha From: Martha S. Vergara Sent: Friday, July 10, 2015 4:54 PM To: Naples Daily News Legals Subject: VA-PL20140002328 Wassberg Legals, Please advertise the following attached ad Friday, July 24, 2015 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, July 17, 2015 11:43 AM To: Martha S. Vergara Subject: 231121371 Wassberg Attachments: 2REVISEDNDN231121371.pdf Hello Martha! Here you go, please let me know approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Napirs Dahl; Nous Naples News£om From: Martha S. Vergara [mailto:Martha.Vergara(acollierclerk.com] Sent: Thursday, July 16, 2015 3:57 PM To: Gori, Ivonne Subject: RE: 231121370 CC Hex Guada/Venice Ivonne, The legal dept. has reviewed and approved this ad, please proceed with publishing as requested. Now I am only waiting on a proof revision for Wassberg— ad #231121371 Thanks, Martha From: Gori, Ivonne [mailto:ivonne.gork naplesnews.com] Sent: Thursday, July 16, 2015 3:10 PM To: Martha S. Vergara Subject: 231121370 CC Hex Guada/Venice Please find a proof for your review and approval attached, for Publication Friday July 24th, 2015. Thanks! 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, August 13th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. VA-PL20140002328 - Paul Wassberg requests a variance from Section 4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for construction of a proposed pool and screen enclosure on property located at 3250 Collee Court, approximately one-quarter mile south of the intersection of Tamiami Trail East and Airport-Pulling Road in Section 14, Township 50 South, Range 25 East, Collier County, Florida. KELLER o - DAVIS 8OLILVARD LOCH LEVEL ' r (S.R.84) RID\J i C7 DEVOE C WINTER PARK "J /PONRA — U cc Li a OESTAI AN KINGS LAKE 11 (DRI) 5 MER 7 a [1, 12 7 ILL _ SQUARE O.NTY PROJECT \WEST COURTVOUSE C,DRI?' CROWN LO CATION POINTE SHADCIS • ADO • I E 1 �9 LAOO AARTs�"& VERDE CRICKET '). 0 ,,,VILLAGE LAKE WINDSTAR y eATSIORE P RIVIERA } \ t' 18 COLONY 14 m 13 GOLF LAKE AVALON ST. PETER'S ESTATES CATHOLIC BOOK` 'LL CHURCH (C.R.864) I` \ —RATTLESNAKE SOLSTICE__4___-- �}� THOMASSON DR. l't"' HAMMOCK RD. 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 Department, Zoning Division, Zoning Services Section, 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 Division 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.231121371 July 24.2015 Martha S. Vergara From: JohnsonEric <EricJohnson @colliergov.net> Sent: Friday,July 17, 2015 1:30 PM To: Martha S. Vergara; Rodriguez, Wanda;Ashton, Heidi Subject: RE: VA-PL20140002328 Paul Wassberg Looks good to me. Thanks! Eric Johnson Principal Planner From: Martha S. Vergara [mailto:Martha.Vergaracollierclerk.com] Sent: Friday, July 17, 2015 11:49 AM To: RodriguezWanda; JohnsonEric; AshtonHeidi Subject: VA-PL20140002328 Paul Wassberg Attached is the proof from NDN, please let me know of any changes needed. Thanks, Martha 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 Martha S. Vergara From: Rodriguez, Wanda Sent: Friday,July 17, 2015 1:32 PM To: Martha S. Vergara Cc: Ashton, Heidi; Stone, Scott;JohnsonEric Subject: RE: VA-PL20140002328 Paul Wassberg Looks good here too! Wanda Rodriguez, .4CP .Advanced Certified ParaCega[ Office of the County .Attorney (239)252-8400 From: JohnsonEric Sent: Friday, July 17, 2015 1:30 PM To: Martha S. Vergara; RodriguezWanda; AshtonHeidi Subject: RE: VA-PL20140002328 Paul Wassberg Looks good to me. Thanks! Eric Johnson Principal Planner From: Martha S. Vergara [mailto:Martha.Vergara@@collierclerk.com] Sent: Friday, July 17, 2015 11:49 AM To: RodriguezWanda; JohnsonEric; AshtonHeidi Subject: VA-PL20140002328 Paul Wassberg Attached is the proof from NDN, please let me know of any changes needed. Thanks, Martha 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 Martha S. Vergara From: Martha S. Vergara Sent: Friday, July 17, 2015 2:51 PM To: 'Gori, Ivonne' Subject: RE: 231121371 Wassberg Ivonne, The legal department has reviewed and approved this ad, please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Friday, July 17, 2015 11:43 AM To: Martha S. Vergara Subject: 231121371 Wassberg Hello Martha! Here you go, please let me know approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(NaplesNews.corn A: 1100 Immokalee Road I Naples, FL 34110 ii i w Naples Naples News CUI"E From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Thursday, July 16, 2015 3:57 PM To: Gori, Ivonne Subject: RE: 231121370 CC Hex Guada/Venice Ivonne, The legal dept. has reviewed and approved this ad, please proceed with publishing as requested. 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NAPLES DAILY NEWS Notice is hereby given that a public hearing will be held by the Collier County Published Daily Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 13th, 2015, Naples,FL 34110 -in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: Affidavit of Publica PETITION NO. VA-PL20140002328 — Paul Wassberg requests a variance State of Florida from Section 4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for Counties of Collier and Lee construction of a proposed pool and screen enclosure on property located at 3250 Collee Court, approximately one-quarter mile south of the intersection Before the undersigned they serve of Tamiami Trail East and Airport-Pulling Road in Section 14, Township 50 appeared Daniel McDermott, who South, Range 25 East, Collier County, Florida. Inside Sales Manager of the Nap] KELLER a I� \ DAVIS BOU BVARD LOCH 'J z ENTRY-' K (S.R.84) RIDGE newspaper published at Naples, 1. LEVEL 2 rDEVOE WINTER PARK - n z /PONTIAC distributed in Collier and Lee cour a �GESTA AEN KINGS DR)KE g attached copy of the advertising, b °_ z 7 MILLER SQUARE Q COUNTY ER PROJECT \WEST NOTICE�j COMPLE CROWN PUBLIC1 V O 1 1CL COURTHOUSE DR LOCATION POINTE SHA'A' v°NADO r • o 1 947 LAGO in the matter of PUBLIC NOTICI ,, ARTS RAL CRICKET VERDE LACE LAKE WINDSTAR 0 BAVSVORE was published in said newspaper �` 18 COLONY July 14 ¢m 13 2 GOLF on July 24, 201 5. LAKE AVALON S ST.PETER'S ESTATES CATHOLIC PINEBROOK BOT IICAL CHURCH (C R.864) LAKE. K RATTLESNAKE SOLSOCE�_ THOMASSON DR. HAMMOCK RD. Affiant further says that the said All interested parties are invited to appear and be heard. All materials used published at Naples, in said Collie in presentation before the Hearing Examiner will become a permanent part newspaper has heretofore been coi of the record. County, Florida; distributed in Co. each day and has been entered as Copies of staff report are available one week prior to the hearing. The file can office in Naples, in said Collier Cc be reviewed at the Collier County Growth Management Department, Zoning year next preceding the first publi Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples,. FL. advertisement; and affiant further The Hearing Examiner's decision becomes final on the date rendered. If a promised any person, firm or corp person decides to appeal any decision made by the Collier County Hearing commission or refund for the pulp Examiner with respect to any matter considered at such meeting or hearing, publication in the said newspaper. 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 T4, includes the testimony and evidence upon which the appeal is to be based. (Signature of affiant) ✓✓✓; (Si f g ) 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 Sworn to and subscribed before m Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, This 29th day of July, 2015 f. , Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. L,--' ' ' Mark Strain, (Signature of notary public) Chief Hearing Examiner Collier County, Florida JJ.0.,01$4•4,,, IVONNE GORI No.231121371 July 24.2015 Public-State at FloriC• mission I FF 900870 m.Expires Jul 18,20' •• • rough National Notary As OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP DATE: August 26, 2015 RE: Hearing Examiner Decision(s) from August 13, 2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on August 13, 2015. Attachments: HEX No. 2015 —31 HEX No. 2015 —32 HEX No. 2015 —33 [05-COA-01253/813782/1]744 HEX NO. 2015—31 HEARING EXAMINER DECISION PETITION NO. VA-PL20140002328 — Paul Wassberg requests a variance from Section 4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for construction of a proposed pool and screen enclosure on property located at 3250 Collee Court, approximately one-quarter mile south of the intersection of Tamiami Trail East and Airport-Pulling Road in Section 14, Township 50 South, Range 25 East, Collier County, Florida. DATE OF HEARING: August 13, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.03 of the Land Development Code has been met and the petition is approved. ANALYSIS: The subject lot is part of an unrecorded subdivision created in 1955. Documents supplied by the applicant indicate that lots within this subdivision included front and side yard setbacks with no rear setbacks noted. The rear of the subject lot abuts a drainage easement, commonly known as Haldeman Creek, with approximately 35 feet of separately platted land between the lot line and the actual water line of the waterway. This 35 feet of platted land provides the appearance of a larger back yard and acts similar to a setback between the rear lot line and the edge of water. There were no objections to this application. DECISION: The Hearing Examiner hereby approves Petition No. VA-PL20140002328 filed by Michael R. Fernandez, AICP, of Planning Development Inc., on behalf of Paul R. Wassberg, for a variance from LDC Section 4.02.16 C.2.g to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for the construction of a proposed pool and screen enclosure on property located at 3250 Collee Court,Naples, Florida, as shown in the Site Plan attached as Exhibit "A". ATTACHMENTS: Exhibit A— Site Plan Exhibit B—Legal Description LEGAL DESCRIPTION: See Exhibit B. [15-CPS-01435/1200681/1]46 1 oft APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. i 8 - 0,61S V� __ Date Mar Strain, Hearing Examiner Appr• ed as to fo i and legality: ■ 11, Scott A. one Assistant County Attorney [15-CPS-01435/1200681/1]46 2 of2 Exhibit A GRAPHIC SCALE �` COLLEE COURT o 10 20 feet �/ 3250 50' . r 7 T 10 FT FRONT YARD SETBACK (O Q : Q W 0 I,530± SF In SWIMMING WITHIN K. 25 FT 5 FT SCREEN ENCLOSURE. WITH DEPICTION OF A 4 FT p FOOTPRINT OR SAFETY OBSTACLE FREE PERIMETER DECK 7.77' I 7.5' En 7.5' �I 1I �• t� v li 15 FT EXISTING. -REAR YARD SETBACK I ''f --1 ---- 10 FT EXISTING. SCREEN ENCLOSURE/POOL SETBACK _ POOL, TH ORTHOUT�SCREEN EfTCL��3`D —• •_ 35 FT SEGMENT COMPONENT, AS NOTED ON SUBDIVISION PLAN, OF 150 FT DRAINAGE EASEMENT / R/W —35 FT MAINTENANCE DRAINAGE EASEMENT PROVIDES EFFECTIVE REAR SETBACK E.O.W. -/ �`/ _ �' yam_ f t 5 0 F-1- C A N A C RIGHT-O F - W A'Y DRAINAGE EASEMENT AS RECORDED!N DEED 13561487 // /// / A PAGE jUBLl�C�OF COLLIER COUNTY/C/ / /// / // PLANNING DEVELOPMENT INCORPORATED w+ VARIANCE-REAR SETBACK (VARIANCE 1/0®_ wWw..[neeiuWrum..[eRrar.RwR[r.unos•wnn.euiamm o� CONCEPTUAL SITE PLAN `�"—��-:.r ITI7 ,- tI[C[MMl0.V[NU[.NAPW.ROI11011 UM PAULLRW BERG w�+� ',;.'� 111 ana.wPn mew. 1 1 Exhibit B LEGAL DESCRIPTION OF 3250 COLLEE CT, NAPLES, FLORIDA A lot or parcel of land in Lot 118 of NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 as recorded in Plat Book 1, at Page 27, of the Public Records of Collier County, Florida, the said parcel being specifically described as the West 50 feet of the East 226.12 feet of that part of the said Lot 118 lying North of a certain drainage easement,as recorded in Deed Book 28 at Page 443 of the Public Records of Collier County, Florida, excepting therefrom the North 30 feet. This conveyance includes perpetual rights of ingress and egress from the described land, over and along an access easement, the said easement being described as the South 29 feet of the North 30 feet of the West 450 feet of the East 526.12 feet of the said Lot 118. The described property being indicated as Lot 4 of an unrecorded plat of"Haldeman Canal Homesites". li AGENDA ITEM 4-C Go er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 13, 2015 SUBJECT: PETITION NO. VA-PL20140002328 COLLEE COURT POOL SETBACK, VARIANCE PROPERTY OWNER/AGENT: Owner: Agent: Paul R. Wassberg Michael R. Fernandez RA AICP 3250 Collee Court Planning Development Incorporated Naples, FL 34112 145 Central Avenue Naples, FL 34102 REQUESTED ACTION: The applicant is requesting to reduce the rear yard accessory structure setback line from ten (10) feet to zero (0) feet to allow for construction of a proposed pool and screen enclosure. The subject property is zoned Residential Single-Family-4 Bayshore Mixed Use Overlay Residential Subdistrict 1 (RSF-4-BMUD-R1). GEOGRAPHIC LOCATION: The parcel is located at located at 3250 Collee Court, approximately one-quarter mile south of the intersection of Tamiami Trail East and Airport-Pulling Road in Section 14, Township 50 South, Range 25 East, Collier County, Florida(see location map on the following page). 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FT ,, • I -- --. \\\\\\\\. -.�__ \\\\\\\\\ PURPOSE/DESCRIPTION OF PROJECT: According to the specialty warranty deed, Paul R. Wassberg purchased the property in May of 2011. The applicant is proposing a swimming pool in the back yard, located approximately four (4) feet from the rear property line. Mr. Wassberg is also proposing to install a screened-roof enclosure around the pool. As shown in the variance site plan, the screened-enclosure would be located along the rear property line, which represents a zero (0)-foot setback. Pursuant to Section 4.02.16.C.2.g of the Land Development Code (LDC), the subject property requires a ten (10)-foot rear setback for accessory structures. Therefore, this application is requesting a variance of 10 feet. SURROUNDING LAND USE & ZONING: North: Right-of-way for Collee Court, zoned RSF-4-BMUD-R1; then farther northwest is a duplex/triplex, zoned RMF-6-BMUD-R1; farther northeast is right-of-way for Peters Avenue, zoned RMF-6-BMUD-R1 East: Single-family home; zoned RSF-4-BMUD-R1 South: 150-foot canal drainage easement for Halderman Creek; zoned RMF-6-BMUD-R1 West: Single-family home; zoned RSF-4-BMUD-R1 stl It ' A it, , , 4 -,„ s Subject Property ` ' '. ` .' 4 VA-PL20140002328 - rr.F— + —°t . Ws � , 9 I_ ' ,., . - , I Rear Property Line a n Aerial(County GIS) VA-PL20140002328 Page 4 of 10 COLLEE COURT POOL SETBACK,VARIANCE August 13,2015 GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The County's Future Land Use Map (FLUM) shows the subject property is located in the Mixed Use Activity Center (MUAC) #16 - US 41 and Airport-Pulling Road land use classification and the Bay shore/Gateway Triangle Redevelopment Overlay (BGTRO). Mixed Use Activity Centers are intended to be mixed-use in character. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses,hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The Bayshore/Gateway Triangle Redevelopment Overlay is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. The applicant seeks a variance for a property located within an unrecorded subdivision. Regardless, a swimming pool and screened-enclosure are allowable accessory uses to a single- family home; therefore, the petition is consistent with the FLUM. The GMP does not address individual variance requests;the GMP addresses the larger issue of the actual use. Subject Property '",- VA-PL20140002328 -- X -- . , r* �; y r - 4 3 _ 1 ' Ili . , gill - � iii►, A �� if , . p . IVv View of rear yard-3/31/14(Google Earth) VA-PL20140002328 Page 5 of 10 COLLEE COURT POOL SETBACK,VARIANCE August 13,2015 ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location,size and characteristics of the land,structure or building involved? Yes. The subject property is located within the Haldeman Canal Homesites, an unrecorded subdivision of 11 lots created in the 1950s, which predates the adoption of the BMUD-R1 Overlay. According to the unrecorded subdivision, each lot in this subdivision is dimensioned at least 50 feet in width by 100 feet in depth, which is smaller than many parcels within the immediate vicinity. Special conditions and circumstances exist that are peculiar to the size and characteristics of this property. Documentation submitted by the applicant indicates each lot within the Haldeman Canal Homesites subdivision contains front and side yard setbacks, but no rear setback. This omission implies that no rear setback was ever contemplated for these lots. This may be due, in part, because the Haldeman Canal Homesites unrecorded subdivision shows that a 35-foot area of land exists to the rear of each property, separating the lot and the canal waterway. Based on the unrecorded subdivision, this 35-foot area is part of the 150-foot wide drainage canal, but it is depicted as a separate parcel from the rest of the canal. On the site plan, this area is identified as a"35-foot wide component of a 150-foot wide drainage canal." According to the documentation provided by the applicant, the land area that comprises this drainage canal (directly to the rear of the subject property) was once owned by Wayne and Mildred Randall, who granted a 150-foot drainage easement over the canal to the State of Florida Road Department, the predecessor to the Florida Department of Transportation (FDOT). The presence of this 35-foot area of land provides a direct benefit to the property owners of the Haldeman Canal Homesites in that it gives each access to the water as well as the appearance of a larger backyard. However, property owners are not entitled to make site improvements, such as a swimming pool or screened enclosure, outside the boundaries of their properties and within that 35-foot wide portion of the drainage canal. Therefore, even though this 35- foot area acts as a de facto back yard for each lot, it is not a part of the lot, and the location of the pool necessitates a rear yard setback variance. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property,which are the subject of the Variance request? Yes. The above paragraph demonstrates the pre-existing conditions relative to the subject property in the context of the subdivision and its relationship to the drainage easement. With respect to built environment specific to the subject property, the house was constructed prior to when the applicant purchased the property, and its current location was chosen by a previous owner. The survey shows the house is setback 25.31 feet from the VA-PL20140002328 Page 6 of 10 COLLEE COURT POOL SETBACK,VARIANCE August 13,2015 front property line, which is more than double the minimum required by the BMUD-R1 overlay. The minimum required front setback is 10 feet. Therefore, if a typical-sized home were to be constructed up to this setback line, it would leave ample space for a swimming pool in the rear yard, but doing so, would compromise the space remaining in front of the house, to the extent that, little to no room would be available for a parked vehicle in the driveway. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? A literal interpretation of the BMUD-Rl provisions does not limit or create an undue hardship on the applicant or create practical difficulties for the applicant. The rear setback for a swimming pool in the BMUD-R1 is 10 feet. The house was constructed 24.9 feet from the rear property line, which leaves a backyard depth of nearly 15 feet for outdoor improvements. If the swimming pool were to be located four (4) feet from the house (as currently shown in the proposed site plan), the resultant width of a compliant pool would be nearly 11 feet. It should be noted that the introduction of a screened-enclosure will likely further reduce the size of the pool (due to its framing system and inherent need to be anchored). d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? No. As detailed in the above response, the swimming pool and screened-enclosure may be designed smaller than what is currently proposed. The current design is preferred by the applicant,but it does not necessarily demonstrate the minimum deviation needed. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. By definition, a variance grants an exception to a zoning regulation that would otherwise apply. However, as detailed under criterion "a," the subject property is located in an older subdivision, with smaller lot sizes than those located within the immediate vicinity. Also,the presence of the 35-foot wide portion of the 150-foot wide drainage canal is applicable to all properties within this subdivision. As such, many of the lots within the Haldeman Canal Homesites subdivision should be considered the same in this regard, and the subdivision as a whole should be treated differently than properties outside the BMUD- R1 overlay. VA-PL20140002328 Page 7 of 10 COLLEE COURT POOL SETBACK,VARIANCE August 13,2015 f. Will granting the Variance be in harmony with the general intent and purpose of the Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Granting of the variance will be in harmony with the general intent and purpose of the Land Development Code (LDC) and will not be injurious to the neighborhood. Approval of this variance would give the applicant the ability to have a swimming pool (and screened-enclosure) in the rear yard, which is a reasonable expectation associated with this type of development. The lots within this subdivision are afforded both a benefit and detriment of being near the water. The 35-foot wide area of the canal drainage easement acts as a de facto backyard for each property owner, but without the granting of entitlement or privilege to make site improvements. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. As previously mentioned, the property owners of the Haldeman Canal Homesites subdivision enjoy the benefit of the drainage canal, in that it gives each access to water, as well as the appearance of owning a larger backyard. The 35-foot wide component along the northern limits of the drainage easement, in effect, serves as a natural area, which helps to lessen the impact the proposed site improvements would have to neighboring lots. The Florida Building Code (FBC) requires barriers around swimming pools for safety concerns. A fence, wall, or screened-enclosure may serve as the protective barrier. Staff does not consider the subject property to be a waterfront lot, due to the presence of the 35- foot wide area of the canal drainage easement shown on the unrecorded subdivision plat. Because the subject property is considered a non-waterfront lot, the applicant is permitted to erect an opaque six (6)-foot tall fence along the rear property line rather than a four (4)- foot tall fence, which is the maximum allowed on waterfront lots (Section 5.03.02.C.1.c of the LDC). When viewed from the abutting properties, a six (6)-foot tall opaque fence could pose an obstruction to water views,perhaps,more so than a screened-enclosure. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect,impact,or change the requirements of the GMP. VA-PL20140002328 Page 8 of 10 COLLEE COURT POOL SETBACK,VARIANCE August 13,2015 ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: The EAC does not normally review variance applications. Since this petition does not impact any preserve area, the EAC did not review this petition. Environmental staff did not review this application. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on July 22, 2015. RECOMMENDATION: Staff recommends the Collier County Hearing Examiner approve this variance request as presented. ATTACHMENTS: A—Application VA-PL20140002328 Page 9 of 10 COLLEE COURT POOL SETBACK,VARIANCE August 13,2015 PREPARED BY: t _ • I ERI L. JOHN ON, A P. PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 7• ZO.r5° RAYM D V. BELLOWS, ZONING MANAGER DATE ZONIN DIVISION 7-.20. Ps" MIKE BOSI, AICP. DIRECTOR DATE ZONING DIVISION VA-PL20140002328 Page 10 of 10 COLLEE COURT POOL SETBACK,VARIANCE August 13,2015 9i& coy COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: VA Date and Time: Assigned Planner:tj[ _ Engineering Manager(for PPL's and FP's): Project Information Project Name: ..2"-)25C) Cam" PL#: ZOt .232-S› Property ID#: 42,6e7011n5 j Current Zoning:IZSF-•4• 'r`( .R. Project Address: City: State: Zip: Applicant: ' ,r � 14 Agent Name: Phone: Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: °—' ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: e iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and�AR#/PL#: ? * Co r CoN.nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes �_ ��rr r �1 14._ 19: �� J/��aa,�f �. //� iffy ri'_A .�i CIEWthi Pre-Application Meeting Sign-In Sheet PI#: 2v14.Z ,2 Collier County Contact Information: I Name Review Discipline Phone Email D David Anthony Environmental Review 252-2497 davidanthony @colliergov.net C Summer Araque Environmental Review 252-6290 summerbrownaraque @colliergov.net L Alison Bradford, P.E. Engineering Services 252-6820 alisonbradford @colliergov.net ✓ Mark Burtchin ROW Permitting 252-5165 markburtchin @colliergov.net _ George Cascio Utility Billing 252-5543 georgecascio @colliergov.net C Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton @colliergov.net J Kay Deselem,AICP Zoning Services 252-2931 kaydeselem @colliergov.net • Paula Fleishman Impact Fee Administration 252-2924 paulafleishman @colliergov.net C Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons @colliergov.net C Nancy Gundlach,AICP, PLA Zoning Services 252-2484 nancygundlach @colliergov.net Li John Houldsworth Engineering Services 252-5757 johnhouldsworth @colliergov.net L Marcia Kendall Comprehensive Planning 252-2387 marciakendall @colliergov.net L Reed Jarvi, P.E. Transportation Planning 252-5849 reedjarvi @colliergov.net L Stephen Lenberger Environmental Review 252-2915 stevelenberger @colliergov.net Li' Paulo Martins Utilities 252-4285 paulomartins @colliergov.net �\ L Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna @colliergov.net C Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean @colliergov.net - Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz @colliergov.net C Michele Mosca,AICP Comprehensive Planning 252-2466 michelemosca @colliergov.net _' Annis Moxam Addressing 252-5519 annismoxam @colliergov.net Mariam Ocheltree Graphics 252-2315 mariamocheltree @colliergov.net - Brandy Otero Transit 252-5859 brandyotero @colliergov.net John Podczerwinsky Transportation Planning 252-5890 johnpodczerwinsky @colliergov.net - Brandi Pollard Utility Impact fees 252-6237 brandipollard @colliergov.net _ Fred Reischl,AICP Zoning Services 252-4211 fredreischl @colliergov.net Stacy Revay Transportation Pathways 252-5677 stacyrevay @colliergov.net Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum @colliergov.net j Michael Sawyer Zoning Services 252-2926 michaelsawyer @colliergov.net C Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt @colliergov.net ❑ Chris Scott Planning and Zoning 252-2460 chrisscott @colliergov.net Li Daniel Smith,AICP Landscape Review 252-4312 danielsmith @colliergov.net L. Scott Stone Assistant County Attorney 252-8400 scottstone @colliergov.net rMark Strain Hearing Examiner/CCPC 252-4446 markstrain @colliergov.net 'l Carolina Valera Comprehensive Planning 252-8498 carolinavalera @colliergov.net L Kris VanLengen Utility Planning 252-5366 krisvanlengen @colliergov.net L Jon Walsh Building Review 252-2962 jonathonwalsh @colliergov.net L David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks @colliergov.net Kirsten Wilkie Planning and Zoning 252-5518 kirstenwilkie @colliergov.net Name Representing Phone Email ti ay Cavil►-uh Cad e C 5p1. t, 12Sfcu(# o�w ►� c�.... Imre* ., r'e �� .aU_C� X SICSL 4.. ;2. CLO=D Mtcttea- + !'�Y//LS cPW. 2r. -16.13f Jr-777 , joSp■ ;\ PLANNING DEVELOPMENT INCORPORATED Development Consultants,Architects, Engineers, Planners and Landscape Architects VARIANCE-General—Purpose The following is an excerpt from the Collier County Land Development Code. 9.04.01 - Generally A. Purpose. In specific cases, variance from the terms of the LDC may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. This application for a variance for a rear setback is consistent with the above described purpose. The requested variance from the terms of the LDC (a proposed reduction of 10 ft from the development standard of a 10 ft rear setback for an accessory use) will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property,a diminution of the rear setback for accessory uses shall have no measurable impact on the public interest, safety or welfare. Secondly, a literal enforcement of the LDC would result in unnecessary and undue hardship. Third, a literal enforcement of the LDC would result in practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. Page 1 of 1 145 Central Avenue,Naples,Florida 34102 mfernandez(solanningdevelopmentinc.com •Phone 239.263.6934 •Fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No.8450 License No.LC0000378 cat* o el' County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 &Code of Laws section 2-83—2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): PAUL R.WASSBERG Address: 3250 COLLEE CT City: NAPLES State: FL ZIP: 34112 Telephone: C/O(239)263-6934 Cell: NA Fax: NA E-Mail Address: C/O mfernandez @planningdevelopmentinc.com Name of Agent: Michael R. Fernandez RA AICP Firm: Planning Development Incorporated Address: 145 Central Avenue City: Naples State: Florida ZIP: 34102 Telephone: (239)263-6934 Cell: na Fax: (877)263-0535 E-Mail Address: mfernandez @planningdevelopmentinc.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/4/2014 Page 1 of 6 Comer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 48680160005 Section/Township/Range: 14 50S / 25E Subdivision: HALDEMAN CANAL HOMESITES Unit: NA Lot: 4 Block: NA Metes & Bounds Description: NA Total Acreage: 0.116+/- Address/ General Location of Subject Property: 3250 COLLEE COURT, NAPLES FLORIDA 34112 ADJACENT ZONING AND LAND USE Zoning _ Land Use N RSF-4-BMUD-R1 (1)see below PAVED STREET; then RMF-6-BMUD-R1 S RMF-6-BMUD-R1 LAND ENCUMBERED BY DRAINAGE EASEMENT THEN CANAL E RSF-4-BMUD-RI SINGLE FAMILY RESIDENCE RSF-4-BMUD-R1 SINGLE FAMILY RESIDENCE Minimum Yard Requirements for Subject Property: Front: 10 FT Corner Lot: Yes No Side: 7.5 FT Waterfront Lot: Yes No FRONTS ON 150' DRAINAGE EASEMENT INCLUSIVE Rear: 15 FT OF 35 FT TO EDGE OF WATER OF 80 FT CANAL Rear Yard for Pool/Screen Enclosure Accessory Uses: 10 feet(BMUD-R1 Section 4.02.16.C.2.g.) (1)29 feet of width is right-of-way(Collee Ct);the one foot north of Collee Ct is within Haldeman Canal Homesites subdivision and is zoned RSF-4-BMUD-R1; the east 35'+/-north of this strip is the right-of-way of Peters Avenue; the west 15' north of this strip is the front yard of a residence in the RMF-6-BMUD-R1 zoning district. 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. 6/4/2014 Page 2 of 6 Co ter County COLLIER COUNTY GOVERNMENT Z800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet,attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft.to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure, or building involved. 6/4/2014 Page 3 of 6 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 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? n Yes NrNo If yes, please provide copies. 6/4/2014 Page 4 of 6 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 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) ►: ❑ Pre-Application Meeting Notes 1 /2 ❑ Project Narrative ® 1 ❑ Completed Addressing Checklist 1 � ❑ i Conceptual Site Plan 24"x 36"and one 8'A"x 11"copy 1 Survey of property showing the encroachment(measured in feet) 2 ► Affidavit of Authorization,signed and notarized 2 !'! Deeds/Legal's 3 ❑ Location map 1 i42 ❑ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ❑ included on aerial Historical Survey or waiver request 1 ❑ Environmental Data Requirements or exemption justification 3 ❑ Once the first set of review comments are posted, provide the assigned 1 ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 ❑ materials to be submitted 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. 6/4/2014 Page 5 of 6 9jtrntnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierRov.net (239)252-2400 FAX:(239)252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application_/ Executive Director Meeting Sign-In Sheet �j Addressing:Annis Moxam t Graphics:Mariam Ocheltree City of Naples:Robin Singer,Planning Director„ ❑ Historical Review !'d ❑ Comprehensive Planning:See Pre Appfl jai ❑ 1 Immokalee Water/Sewer District: .p1l Meeting Sign-In Sheet f4 r1�r+�!"+r Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad no" � County Attorney's Office:Heidi Ashton-Cicko Transportation Pathways:Stacey Revay Imo" ❑ Emergency Management: Dan Summers;-.ain]j or ❑ School District(Residential Components):Amy EMS:Artie Bay N4- Heartlock Engineering:Alison Bradford lg, Transportation Planning:John Podczerwinsky Other: Utilities Engineering:Kris VanLengen I FEE REQUIREMENTS 1 Pre-Application Meeting:$500.00 Variance Petition: • Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee * Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 After The Fact Zoning/Land Use Petitions:2x the normal petition fee D Listed Species Survey(if EIS is not required):$1,000.00 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 f Naples,FL 34104 Mitit48-G 7Z. I'` Gd -Z 11/18/14 Applicant Signature /agent Date Michael R Fernandez Printed Name 6/4/2014 Page 6 of 6 Ae 11 PLANNING DEVELOPMENT INCORPORATED Development Consultants,Architects, Engineers, Planners and Landscape Architects NATURE OF PETITION—VARIANCE APPLICATION EXHIBIT On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; REQUESTED ACTION: To have the Collier County Hearing Examiner consider an application for a variance from Land Development Code (LDC) Section 4.02.16.C.2.g. The Variance being requested is to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow construction of a proposed pool or proposed pool within a screen enclosure. PROPERTY OWNER: Paul R. Wass berg 3250 Collee Ct Naples, Florida 34112 AGENT: Michael R. Fernandez, AICP RA/Planning Development Incorporated 145 Central Avenue, Naples, Florida 34102 PROPERTY ACQUIRED: By owner on May 11, 2012 HOME: The existing principal structure was building in 2006 under building permit 0506-3777 issued 10/06/06; and, structure is presently under renovation. Page 1 of 5 145 Central Avenue,Naples,Florida 34102 mfernandez @planningdeveloomentinc.com •Phone 239.263.6934 •Fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No.8450 License No.LC0000378 PURPOSE/DESCRIPTION OF PROJECT: The existing residence structure establishes a 25 foot distance between it and the rear south property line common with a 150 foot drainage easement inclusive of a canal which is located 35 feet south of this property line. The owner desires to construct an accessory use within the distance between the structure and the rear/ south property line. LDC Section 4.02.16.C.2.g. provides for a rear setback of 10 ft.for pools/screen enclosures. No improvements are proposed which would encroach upon the drainage easement. The 15 ft resulting distance between the existing residence and the rear setback line is insufficient for the pool with nominal pool deck/screen enclosure. The requested reduction of setback to 0 ft.*,with an effective rear setback of 35 ft., results in an area of 25 ft. x 35 ft.which supports pool/deck/enclosure of nominal size and area. See graphic concept plan concept attached which depicts a modest pool with perimeter deck for safe perimeter circulation. BACKGROUND: The subdivision of the subject property lot was created on March 1, 1955 prior to the establishment of the Collier County Zoning Ordinance.See attached plat from County Deed Book. Collier County adopted its Comprehensive Plan on April 25, 1967. Subsequently,Collier County adopted its Zoning Code on October 8, 1968 and per the adopting ordinance this subdivision was defined and designated as an Old Subdivision since it was created prior to June 21, 1966. This Subdivision, Haldeman Canal Homesites, is comprised of 11 nonconforming lots. Lot Width. The typical width of the lots and the subject lot is 50 ft.;and,this width is significantly less than the minimum applicable (RSF-4) base zoning district development standard of 70 ft. Lot Depth. The typical depth of the lots and the subject lot is 100 ft.; and this depth is significantly less than the associated minimum applicable(BMUD-RI)zoning overlay depth of 150 ft.for a the associated minimum overlay lot width of 50 ft. Lot Area. The typical lot area of the lots and the subject lot is 5,000 sf;and,this square footage area is significantly less than the minimum applicable zoning district development standard of 7,500 sf. The original deeds for the subdivision specified a front yard setback of 25 ft. and side yard setbacks of 6 ft. and none for the rear yard. The plat for the subdivision graphically depicts the common lot lines extending beyond the rear property line over a 35 ft. certain drainage easement to the edge of water of the abutting 80 ft. width canal. It can be reasonably assumed that the intent of the subdivision design/layout was for the 35 ft. drainage easement lands to effectively be the rear yard to the individual lots. This additional lot depth which is graphically depicted on the plat of this subdivision, provides for an effective lot depth of 135 ft.,an effective rear setback of 35 ft., and an effective lot area of 6,750 sf which would have met the minimum lot area standard of the applicable initial zoning district for these lots. The above assumption was confirmed by John A. Pulling. The subdivision was created by South Naples Shores Company, Inc., a John Pulling company. The first Lot 4 deed from this company to Roger& Ruby Bates care of Naples Real Estate Exchange, Inc. Page 2 of 5 1.45 Central Avenue,Naples,Florida 34102 rnfernandez aplanningdevelopmentinc.com •Phone 239.263.6934 •Fax 877.263.0535 �\ Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No.8450 License No.LC0000378 another John Pulling entity. John A(Alex) Pulling confirmed that the design provided the 35 feet as the backyards to the lots and provided access to the edge of the water/canal and further noted that the homes and accessory structures were commonly built to or near the rear property line consistent with this provision of the deeds. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. Not Applicable. 3. Pursuant to LDC section 9.04.00,staff shall be guided in their recommendation to the Hearing Examiner,and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. Yes. The rear yard has limited space due to the location of the residence on the lot. Furthermore,due to health safety and welfare reasons,the applicate wishes to provide a minimum 4 ft.wide space around the perimeter of the pool. Four feet is a base guideline for safety; providing perimeter accessibility to pool occupants Additionally, the lot is a legally nonconforming lot of record (1955) of very limited width (50 ft.) depth (100 ft.) and area (5,000 sf). The original rear setback for the lot was none / 0 ft. and it the lot enjoyed and continues to enjoy an effective rear lot yard (setback) of 35 ft. from the abutting drainage easement which separates the lot from a canal. However the current zoning has standards of 50 ft. width with 150 ft. depth and 7,500 sf of area; from which the applicable rear yard setback of 10 ft. is most reasonable when coupled with a front yard setback of 10 ft. Had the existing home been built to the current front yard setback instead of the then existing setback from the base zoning district of 25 ft., the owner's structure would have had a distance of 30 ft. to the rear setback line instead of the existing 15 ft.which is insufficient for pool. b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes. The existing dwelling was constructed by the previous owner and was subject to the Base Zoning District setbacks which are more restrictive than the applicable current zoning overlay standards. Also, the rear yard has limited space due to the location of the residence on the lot. Also see prior responses and narratives. Furthermore, due to health safety and welfare reasons, the applicate wishes to provide a minimum 4 ft. wide space around the perimeter of the pool. Four feet is a base guideline for safety; providing perimeter accessibility to pool occupants Page 3 of 5 145 Central Avenue,Naples,Florida 34102 mfernandez @olanningdeveloomentinc.com •Phone 239.263.6934 •Fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No.8450 License No.LC0000378 The legally nonconforming legal was created (1955) prior to the County Zoning Code (1968) which did not acknowledge the effective rear setback established by the plat of 35 ft. Additional Standards differed as well. Subsequent zoning standards evolved over time to the current base zoning district of RSF-4 and in 2006 was again modified by the existing BMUD-R1 overlay. Standard Original Plat RSF-4 BMUD-R1 Lot Area 5,000 sf 7,500 sf per RSF-4(7,500 sf) Lot Width 50 ft. 70 ft. 50 ft. Lot Depth 100 ft. 107 ft. 150 ft. Front Yard 25 ft. 25 ft. 10 ft. Rear Yard 0 ft. /35 ft. effective 25 ft. 15 ft. Accessory/Rear Yard 0 ft. /35 ft. effective 10 ft. 10 ft. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, if the applicant were to maintain the required rear yard and side yard setbacks, he would not main a safe perimeter deck around the pool. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. Yes,the proposed swimming pool is of a reasonable size while allowing for safe perimeter accessibility. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings,or structures in the same zoning district. No. The proposed accessory uses are common to single family lots. Many neighboring properties have swimming pools and many are enclosed. This property owner is seeking the same. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Yes,the granting of this Variance for the reduced rear yard setback for the pool/screen enclosure will be harmonious with the LDC and there will be no injury to the neighborhood. It is also notable that a number of nearby lots have pools, screen enclosures and even principal uses which occupy reduced setback from the current applicable standards and were likely permitted with consideration of the 0' rear setback established by the original subdivision which depicts and an effective setback of 35 ft. And Page 4 of 5 145 Central Avenue,Naples,Florida 34102 mfernandez @planningdevelopmentinc.com •Phone 239.263.6934 •Fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No.8450 License No.LC0000378 this effective setback will is well in excess of a dimensional standard required to implement the general need for or intent of rear setbacks for single family lots. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course, etc. Yes,the lot enjoys an effective setback of 35 ft.which is well in excess of a dimensional standard required to implement the general need for or intent of rear setbacks for single family lots. h) Will granting the variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. 4. Official Interpretations or Zoning Verifications:To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No,to the best of our knowledge. Page 5 of 5 145 Central Avenue,Naples,Florida 34102 mfernandez(alplanninodevelopmentinc.com •Phone 239.263.6934 •Fax 877.263.0535 '•■ Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No.8450 License No.LC0000378 .i Co it County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. . Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP (Site Development Plan) El BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL(Plans & Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) 114II e ah CA»..1 /(owveSr f CS Lot 4 FOLIO (Property ID) NUMBER(s)of above(attach to, or associate with, legal description if more than one) 48680160005 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 3250 COLLEE COURT, NAPLES, FLORIDA 34112 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) COLLEE COURT POOL SETBACK VARIANCE PROPOSED STREET NAMES (if applicable) NA i _ SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) `" SDP - or AR or PL# NA _ CO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: MICHAEL R FERNANDEZ, RA AICP PHONE239-263-6934 FAX 877-263-0535 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) `/i'a "O(C 6 i65- Folio Number Folio Number Folio Number Approved by: � Date: (o-2/-12/ Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 1 _ \\\\\\\�� \ \\\ \\\ ` 1 1 \\Na \\ i 11 y \\ �'a \ as — 100' 4 2 \\ 10141 \\ O� ��•`i —ZS SWUM — l7 n � \ -1 1LJ i om o��y im ay z� I c�_ i ---� A \\ln��=I ulp P. \\,.\\ \.\\ lim: :.: L , : . \\\\ ' 1CCa \\ tf4, i i M. rq 1 "J i 1\\\\,2°K\\ \' 1 .14, ..), \ \ . -0 RI \ W C.11 !II r'\ \ O~ I \ r 35' O 100' \ - " X7.5 SIDE YARD IA, N il O Z O w ca m 4 4 11 IVo m //ate� a o , ----u)O _- V -75..5 SIDE YARD �m 0\ OI tO O� z� a om -n zcc-n --* c n, r mm��TT m� i1X -I-Intl-4 \ = mE ni �0 rnz fn0= r -i=K '^ D m w 0 O x 2 K a 0 my Z� 2� 2y y 71—I Z 2 F my �e °ap NO 0 �� Dnmm n \ n2 \� �a �' A p�� O z mo x� m z 0 z ° O m A� ` OCR L j Xmm m I � `i p O A m m m + zn () mA o o mD z r, p , O \\I---co�j-- — ---— --- — — nT Z am \ 2 y C)-1I \v "1a .nyt17 a PLANNING DEVELOPMENT INCORPORATED VARIANCE REAR SETBACK VARIAIJCE SITE PLAN Q, a DEVR0PMEPTCONSULTANTS,ARCHITECTS,ENGINEERS PLANNERS&LANDSCAPEARCSIECTS 4em„ �"-°�� f_TQ� _ __ uZ6O 164 C./.50 I.c90OWm �dbnt PAUL F FASSBERC ��a. m o I1 145 CENTRAL AVENUE NAPLES, FLORIDA 34102 ./.PLAN..B lm'NF INC. ,3441 i«.tm.: 1 I we)ees-essu O()Pa.,-011..4:fax mx......�Pt...tw4•..pm..ta.eem J 4.a.�' NAPLES,FLORIDA As Arorzyl'— SKETCH OF BOUNDARY SURVEY SURVEY#14904 Property Address: Certified To: 3250 Coffee Cowl P/annIng Development Inc.;Mkriael R.Fernandez, 1111111.1; 1111141511 Naples,FL 34112 RA AICF"Paul Wasaberg;Pinnacle Pools. Legal Description As Furnished; ••••••• SEE BELOW • • BENCHMARK LAND SERVICES,INC. 1807J.8 C.Boulevard Tel.239391.0778 NIE Of SLAW)" DRANK BY Flood Zone Information: Naptes,Fkrida 34109 Fax.239-5914185 x347/20,5 ES Community Number 120067 L.B.#7502 vA w.benchmanyantiservices c m COMPLEDON DATE CHECKED BY Panel:0582 Suffix H Elfec4lve Date:05/16/2012 05/24/20r5 KS Flood Zone:AE BFE.•7' NAND.1988. Legal Description As Furnished: A lot orparcelof land InLot 118 of NAPLES GROW AND TRUCK COMPANY'S LR7LE FARMS NO.2as recorded in Plat Book 1,at Page 27,of the Public Records of Collier County,Florida,the said parcel being specifically described as the West 50 feet of the East 228.12 feet of that part of the said Lot 118 tying North of a carted;drainage easement as recorded in Deed Book28 at Page 443 of the Public Records of Collar County,Raids,excepting therefrom the North 30 feel This conveyance Includes the perpetual tight of Ingress and egress from the described land,over and along an access easement the said easement being described as the South 29 feet of the North 30 feet of the West 450 feet of the East 52E12 hset of the said Lot 118. The described props*being indicated as Lot 4 of an unrecorded plat of 7T'a/deman Canal Homestes`. L-1=WEST 50.00'D. N89°0933"W 50.04'M. COLLEE COURT L-r=EAST 50.00'D. (IMPROVED) S 89'08'38*E 49.87'M. ASPHALT L2------ EAST176.29'(M) r oJLL , ^.w w.At f a FND.4x4- FND.518" � CM. NO W. I.R.LB6746 nRrvEwaY "? FND.5/8" swAUC at LR L86746 7.x1 LOT 4 \, 851396.90 N. STATE PLANE 404517.34 E. COORDINATES el v: U1 LOT 5 2 41 "' TwnsroRY i° LOT 3 F. pi $' RESIDENCE FENCE „ __1e.6. !7.77'0 i...co ls1ar f9 64 N. I E, 0.48' ::$61 SCREENED 1 1.BD'E PODL5DECK bl 1 FND. " , I 7 LR L B6748 FND.5/8 LR.LB7502 742; sa r r.63' NCE L-1 T Fi /i F ER 0.30'E. c T CANAL RIGHT- 0 - WA. Y 1 I EO.W.04/222011 WOODCOCK 1 I . 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CALCULATED AE ARAAaEMB®r Pis PRaFE988MLLAMSZER YOR w LNRFR CVO PRVaMeMrr G7Y COLE 7V.REEK LM LMOSURVEYARewaIIESS P7 POWTOPTMC•^Y p i' •+.; RUECOLMTYuinYEau T.UE TECMMOLOGYr/7MrTYEASEAMYT PAM /CIVJLTFEEgWYS . ALP V Jl(747P•d BM H EaxaAL+rer �1 ORAAi/resimBYJ LCUE LEFCOURYMETIYEAEaMENT P.CC POd,TLFCCSSE,rPEfT Q LLOa7AVQa101TIOR ' Lf h h111Y'X'.'z'*— 7 LAMPPOST aK DRILHOLE K J7®DAEASY® PAA PRWIOFREV&tlELTgyA77LE Q PROlRM1ly r.' /ECHRIMICIE; ALE LAAEAMMhatw•r:EAEEIErvr PRLC PHELN6JJ1Efi fLq/dMBIJ R wit ?Ti• £ cLEYr&riLE SYC7.l9ARL1mme AFAR NALALR91. PILE PLeLCfninYE.tSB1aro .. 7, PUYI PLAN781 ERW.®rEOFLYATER OILL OYEIBEADL MY LLLYR'OFIIIY CMG OOVOIOIItkYO1/nBR • 1NENYA7wT F. Fl/ahA°DROO4 P. MAT CUE ORRIAE 71EEU7L ESIrr.UTF 131n: GS GhOrMNR NAIL RIMM PC PORTCFCLpYATI E LE 4•11141-0VE4E•6yT e9h1AT'RIcw P.C.C. rtANrcFCCMrCLIO icifJ TTARE TAM JBMPORRARrI cones et MD STORM R1M •c osseirmamossa cam CONCRETE • P.CP. PEALLaMENrcnNmoL nULV7 7S 7@@1rpEFAgrRE! CAE LLRORETEMOMLIEMT MONACO PR PASSOM.ILO MAL _TAM RFOPAYaR co LiMWOUT Gf7/I1W Aw NDJAPPUGA&.E AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 3250 COLLEE COURT NAPLES FL.VARIANCE PL 2014 000 2328 AND SUBSEQUENT ASSIGNED NUMBERS PAUL R.VVASSBERG (print name), as not applicable (title, if applicable) of not applicable (company, If applicable), swear or affirm under oath, that I am the(choose one) owner ✓ applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 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. We/I authorize MICHAEL R FERNANDEZ,RA AICP i PLANNING DEVELOPMENT INC. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member" • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are'te. rz i ` .2,/ 3/1(,-- Signature Date STATE OF FLORIDA COUNTY OF COLLIER y . The foregoing instrument was sworn to (or affirmed) and subscribed before me on (date) by �'z .(name of person providing oath or affirmation), as c who i personally known,to me or who has produced (type of identification)as identification. �L 4,-._. C -? . /4_r fi j r STAMP/SEAL Signa ure of Notary Public ..I►'Nic Notary Public State of Florida Susan E Wiles My Commission FF 124813 p�q Expires 05/2012018 CP\08-COA-00115\155 REV 3/24/14 LETTER OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record and/or have unified control of the property currently known as 3250 Collee Court, Naples, Florida 34112;Tax ID#43680160005 and legally described as follows: PLEASE SEE ATTACHED EXHIBIT A The property described herein is the subject of an application for a Variance. We hereby designate Michael R. Fernandez, RA AICP, President, Planning Development Inc. as the legal representative of the property and as such, this individual is authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop this site. 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 development orders/permits from Collier County, Florida Power & Light (FPL), Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), U.S. Army Corps of Engineers (ACOE), and/or Florida Department of Environmental Protection (FDEP), Florida Power and Lighting (FPL), other Utility providers, and all other jurisdictional agencies. Cr Signature PAUL R. WASSBERG Printed Name STATE OF rL COUNTY OF C" THE FOREGOING INSTRUMENT WAS..WORN Q (OR AFFIRMED) AND SUBSCRIBED BEFORE ME ON .2 — 3- f .S (DATE) BY - t------1 (NAME OF PERSON PROVING--BAfi OR-)4,- EIBJ 1ATION, AS �c— , WHO IS ERSONALLY KNOWN TO ME-OR WHO HAS PRODUCED (TYPE OF IDENTIFICATION) AS IDENTIFICATION. STAMP/SEAL Sign re of Notary Public '4.N6 Notary Pudic State of Florida Susan E Wiles q prMy Commission FF 124813 Expires 05/20/2018 , 1 EXHIBIT A LEGAL DESCRIPTION OF 3250 COLLEE CT, NAPLES, FLORIDA A lot or parcel of land in Lot 118 of NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 as recorded in Plat Book 1, at Page 27, of the Public Records of Collier County, Florida, the said parcel being specifically described as the West 50 feet of the East 226.12 feet of that part of the said Lot 118 lying North of a certain drainage easement, as recorded in Deed Book 28 at Page 443 of the Public Records of Collier County, Florida, excepting therefrom the North 30 feet. This conveyance includes perpetual rights of ingress and egress from the described land, over and along an access easement, the said easement being described as the South 29 feet of the North 30 feet of the West 450 feet of the East 526.12 feet of the said Lot 118. The described property being indicated as Lot 4 of an unrecorded plat of"Haldeman Canal Homesites". INSTR 4564854 OR 4684 PG 2252 RECORDED 5/24/2011 9:52 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $1,645.00 REC $18.50 CONS $235,000.00 This Instrument Prepared By: Raymond J.Bowie,Esq. 900 Sixth Avenue South,Suite 104 Naples,Florida 34102 (239)435-1007 Fax(239)435-0021 File#11-05-2462 SPECIAL WARRANTY DEED THIS WARRANTY DEED made this /1 6 day of May, 2011, by REGIONS BANK, a state member bank organized and existing under the laws of Alabama, whose post office address is 215 Forrest Street, Hattiesburg, MS 39401,hereinafter called GRANTOR,to PAUL R.WASSBERG,a single man,whose post office address is 3250 Collee Court,Naples,FL 34112,hereinafter called GRANTEEy, .--- „4 WITNESSETH: That the said G:for and in consider �n ,.the sum of $10.00 and other valuable considerations,receipt of which is hereb r'acistpd%ledged,hereby grants,barg\ns,sells and conveys to the said Grantee,their heirs,successors and assigns forever,the folls�ving descri1)e4]and situate,lyinn.,and being in the County of Collier,State of Florida,to wit: r it - °' \ k, A Iot or parcel of land t I1 o1 N e. { +• + TRUCK COMPANY'S LITTLE FARMS NO.2 as recorded in Plat= odic d � 'e ' blic c s p Tier County,Florida the said parcel being specifically d�scr ed as elk_ feet o East` 26.12 tf of that part of the said Lot 118 lying North of a certain dtalinage easement, recorded Deed Book„ $ Page 443 of the Public Records of t, g Collier County, FIoriila, gepting therefrom the tki 30 feet.-"Tlus conveyance includes the perpetual right of ingress and eg the described land,over did tong an access easement,the said easement being described as the So h t of the North 30 feee West 450 feet of the East 526.12 feet of the said Lot 118. The describe in l of an unrecorded plat of"Haldeman Canal .. =� , Homesites". I k.. SUBJECT TO: 1)Restrictions,reservations,limitations and easements of record common to the subdivision if any now exist,but any such interests as may have terminated are not hereby reimposed; 2)applicable zoning,land use,building code and other governmental restrictions; 3)outstanding oil,gas and mineral interests of record,if any;4)real estate taxes and assessments for the year 2011 and subsequent years. For Information Purposes Only:Tax Parcel I.D.No.: 48680160005 AND THE GRANTOR,DOES HEREBY CONVENANT with the Grantee,except as above-noted,that,at the time of the delivery of this Deed,the premises were free from all encumbrances made by it,and that it will warrant and defend the same against the lawful claims and demands of all persons claiming,by,through,or under it,but against none other. GRANTOR makes no representation or warranties of any kind or character expressed or implied as to the condition of the material and workmanship in the dwelling house located on said property. The Grantees have inspected and examined the property and are purchasing same based on no representation or warranties expressed or implied,made by Grantor,but on their own judgment. Page 1 of 2 pages • *** OR 4684 PG 2253 *** IN WITNESS WHEREOF,the Grantor(s)have signed their names below on the date first above written: WITNESSES: GRANTOR: REGIONS Ba state member bank organized a existing under the laws of abama • - -- : , F BY:JOE Tom—.-_ •,.,.�. ,.' N:.•e: 09\I-C- �ye,( v E -L,its vice president/. r:.v Name: • r.`.. e C ne {1•,1 +n•r• STATE OF COUNTY OF rn' Fp�$-/- • `\„. -I CQ V The foregoing instrument was aecdged before me, the unders'&ned notary Public, this //C day of May, 2011,by JOE TERRILL,as vice president, RE 6NS BANK;a state membex bank organized and existing under the laws of Alabama,and on Its behalf,[ , + ht5 .ersygallyktio , to me . [ 1 who produced a driver's license as ly,identification.I am a Notary Public of/the at .�:� •. •• my commission expires on:, , �. ! 4 A, T' ./.��,:7�. (SEA',} !t.';”�` s ,• t,. / I:G:/ iC t}, � £2259 � C g �� t C+ t YE?U, fL,1u 1 1 • Collier County Property Appraiser Property Summary Parcel No. 48680160005 Site Adr. 3250 COLLEE CT Name/ Address WASSBERG, PAUL R 3250 COLLEE CT City NAPLES State FL Zip 34112-5920 Map No. Strap No. Section Township Range Acres *Estimated 5A14 394000 45A14 14 50 25 0.12 Legal HALDEMAN CANAL HOMESITES LOT 4 PLAT DB 38-110 OR 1435 PG 2197 Millage Area 0 111 Millage Rates 0 *Calculations Sub./Condo 394000 - HALDEMAN CANAL HOMESITES School Other Total Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 5.69 9.3379 15.0279 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 55,650 05/11/11 4684-2252 $ 235,000 (+) Improved Value $ 208,801 11/17/10 4628-177 $ 100 (_> Market Value $ 264,451 04/27/89 1435-2197 $ 75,000 08/01/88 1370-2140 $ 0 (-) Save our Home $ 3,138 (=> Assessed Value $ 261,313 (-) Homestead $ 25,000 (=> School Taxable Value $ 236,313 (-) Additional Homestead $ 25,000 (_> Taxable Value $ 211,313 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Detail Parcel No. 48680160005 Site Adr. 3250 COLLEE CT Name/Address WASSBERG, PAUL R 3250 COLLEE CT City NAPLES State FL Zip 34112-5920 Permits Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type Land Building/Extra Features # Calc Code Units # Year Built Description Area Adj Area 1 RESIDENTIAL FF 50 1 2006 RESIDENTIAL 949 2579 2 2006 WOOD DOCK 324 324 Lr 6. 0 o 0 W L 1000 4. 0 Q L III Mtktie al GO W N CL O ^ L 0. 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'.: a � '�'^' fr -' q� f. �N 0 ,' ei" c LI•-.. .� -oO W Q U �• o a� H O l� , _ Q= O z> W + a { _ oY Z LL 5' CO i oc liii:t:k ""' N r ^�.-, --_ N o •.i'+. >'- k r � a.-k � Q T {{ i A.9., N F Y >. ,! ., N i r j I Q€ r'i ----_---Al o 100% z o .- 4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. Zoning District Minimum Lot Minimum Lot Width Maximum Area (linear feet) Building (square feet) Coverage (%) GC None None None A 217,800 165 None E 98,010 150 None RSF-1 43,560 150 None RSF-2 20,000 120 None ,--' RSF-3 10,000 Corner lot Interior lot None 95 80 RSF-4 7,500 75 70 None RSF-5 6,000 70 60 None RSF-6 6,000 70 60 None RMF-6 S.F. 6,500 60 None Duplex 12,000 80 3+ units 5,500 per unit 100 RMF-12 43,560 150 None RMF-16 43,560 150 None RT 43,560 150 None VR 6,000 60 None ' S.F./MH 10,000 100 Duplex 43,560 150 RSF-1 35 None 1-story 2-story None 1,500 1,800 RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF-4 35 None 800 1,200 RSF-5 35 None 600 1,200 None RSF-6 35 None 600 800 None RMF-6 35 A 750 None RMF-12 50 A Efficiency 450 None 1 BR 600 2+ BR 750 RMF-16 75 A Efficiency 450 None 1 BR 600 2+ BR 750 J.- RT 10 stories, not to A 300 None exceed 100' (max. for hotel units = 500') I_ VR S.F. 30 None None None MH 30 None Duplex 30 None M.F. 35 B MH 30 None None None TTRVC 30 10 None None C-1 35 None 1,000 (ground floor) None C-2 35 A , 1,000 (ground floor) None C-3 50 None 1 700 (ground floor) None C-4 75 A 700 (ground floor) Hotels .60 Destination resort .80 C-5 35 A 700 (ground floor) Hotels .60 Destination resort .80 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None CF Towers/antennas D 1,000 (ground floor) None 40 Other 30 Overlay See table of special design requirements applicable to overlay districts. Districts A= 50% of the sum of the heights of the buildings, but not less than 15 feet. B = 50% of the sum of the heights of the buildings. C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. 1. Principal Structure Minimum Yard (Setback) Requirements: Table 2.1, below, provides the minimum yard requirements for principal structures on conforming lots of record in base zoning districts. The following shall apply for all other lots: a. Corner Lots: Corner lots shall have front yards along each street frontage. The other yards shall be considered side yards. See LDC section 2.03.01 for Estates setbacks. b. Nonconforming Lots of Record: Minimum yard requirements for nonconforming lots of record are provided in LDC section 9.03.03 A. Table 2.1 -TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right- of-way easement line. Zoning Minimum Minimum Side Yard Minimum Rear Yard Public School district Front (feet) (feet) Requirements Yard (feet) GC None None None A 50 30 50 x E 75 30 75 x RSF-1 50 30 50 x RSF-2 40 20 30 x RSF-3 Waterfront Non- 30 10 waterfront 25 x 7.5 RSF-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 x RSF-6 25 10 7.5 20 x — RMF-6 S.F. 25 10 1— 7.5 20 x Duplex 10 10 20 25 15 15 20 3 + units 30 RMF-12 30 a 30 x RMF-16 b a b x RT b a b x VR Waterfront Non- x SF./MH 10 waterfront 20 20 15 5 30 Duplex 15 15 30 35 15 M.F. 35 MHO Waterfront Non- 1. Parking garage or carport, single- SPS SPS SPS 10 feet family 2 One-story parking structures SPS SPS SPS 10 feet 3 Multistory parking structures SPS SPS SPS 1/11 4 Swimming pool and/or screen SPS 10 feet3 SPS N enclosure (one- and two-family) 5. Swimming pool (multi-family and SPS 20 feet 15 feet N commercial) 6. Tennis courts (private) (one- and SPS 15 feet SPS 10 feet two-family) 7. Tennis courts (multi-family and SPS 35 feet SPS 20 feet commercial) 8. Boathouses and boat shelters SPS N/A 7.5 feet or 10 feet (private) 15 feet y 4 See subsection 5.03.06F. 9. Utility buildings SPS SPS 10 feet 10 feet 10. Chickee, barbecue areas SPS 10 feet SPS N t- 11 . Davits, hoists and lifts N/A N/A 7.5 feet or SPS 15 feet 12. Attached screen porch SPS 10 feet4 SPS SPS 13. Unlisted accessory SPS SPS SPS 10 feet 14. E Docks, decks and mooring pilings N/A N/A 7.5 feet or N/A 15 feet 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 feet SPS 10 feet 17. Permanent emergency generators . NP 10 feet See Sec. N/A 4.02.3 01 D.1 N = None. N/A= Not applicable. NP = Structure allowed in rear of building only. SPS = Calculated same as principal structure. ** =All accessory structures in Rural Agricultural and Estates zoning districts must meet principal structure setbacks. 1 foot of accessory height = 1 foot of building separation. In those cases where the coastal construction control line is involved,the coastal construction control line will apply. 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. B. Accessory buildings shall not occupy an area greater than five (5) percent of the total lot area in all residential zoning districts, or occupy an area greater than forty(40) percent of any building envelope (i.e., area of lot remaining for building purposes after accounting for required setbacks), whichever is the lesser, provided the total maximum coverage provision of this ordinance for all principal and accessory buildings is not exceeded. Nothing herein contained shall serve to prevent the construction of an accessory building containing an area of less than 500 square feet provided all yard and building spacing requirements can be met. (Ord. No. 06-07,§3.F;Ord. No. 07-67, §31,;Ord. No. 08-63, §3..1;Ord. No. 14-33, §3.J) Front Yard 35 feet Side Yard 15 feet Rear Yard 30 feet Maximum height* 50 feet * No building may contain more than three levels of habitable space. F. MH District. Accessory uses shall not exceed twenty (20) feet in height. G. C-1 District. [RESERVED] H. C-2 District. [RESERVED] I. C-3 District. [RESERVED] J. C-5 District. [RESERVED] K. I District. [RESERVED] (Ord. No. 10-23,§3.R) 4.02.03 - Specific Standards for Location of Accessory Buildings and Structures A. For the purposes of this section, in order to determine yard requirements, the term "accessory structure" shall include detached and attached accessory use structures or buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following setbacks and building separations. Table 3. Dimensional Standards for Accessory Buildings and Structures on Non-Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E)**. Front Rear Side Structure to Structure (If Detached) 1. Parking garage or carport, single-family SPS 10 feet SPS 10 feet 2 One-story parking structures and/or SPS 35 feet SPS 10 feet carports 3 Multistory parking structures SPS 35 feet SPS 1/1* 4 Swimming pool and/or screen SPS 10 feet SPS N enclosure (one- and two-family) 5. Swimming pool (multi-family and SPS 20 feet 15 feet N commercial) 6. Tennis courts (private) (one- and two- SPS 15 feet SPS 10 feet family) 7. Tennis courts (multi-family, and SPS 20 feet 15 feet 20 feet commercial) 8. Utility buildings SPS 10 feet SPS 10 feet 9. Chickee, barbecue areas SPS 10 feet SPS 10 feet 10. Attached screen porch SPS 10 feet SPS N/A 11. Unlisted accessory SPS SPS SPS 10 feet 12. Satellite dish antenna NP 15 feet SPS 10 feet 13. Permanent emergency generators NP 10 feet See Sec. N/A 4.02.01 D.13 N = None. N/A = Not applicable. NP = Structure allowed in rear of building only. SPS = Calculated same as principal structure. * = 1 foot of accessory height = 1 foot building separation. ** = All accessory structures in Rural Agricultural and Estates zoning districts must meet principal structure setbacks. Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E)**2 Setbacks Front Rear Side Structure to structure fm (If Detached) Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two-Family Dwellings. 3 Applies to individual unit. 4 Zoned Height of Building. 5Property zoned C-3 shall have a minimum lot width of 75 feet. 3. Residential 1 Subdistrict (BMUD-R1). a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 3. Dimensional Requirements in the BMUD-Rl House' Rowhouse2 Apartment Civic& Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two-Family Dwellings. 3 Applies to individual unit. Page 3 vii. Non-structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments,transmission towers, chimneys, smokestacks,flagpoles, masts and antennas. Parapets on a flat roof can be no more than 5 feet in height. C. Additional Standards for Specific Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. 1. Accessory Parking Zones. a. Lots adjacent to the Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W) and Mixed Use (GTMUD-MXD) Subdistricts, designated Accessory Parking Zoning (APZ) as identified on the Collier County Zoning Map, may be used for off street parking or water retention and management areas, in the following manner: i. As an accessory use to an adjacent non-residential principal use under the same ownership or legal control; or ii. As a public parking lot designated as a principal use. b. A buffer must be provided between the APZ and adjacent residential lots as provided in section 4.02.16 E.2.a.i. 2. Accessory Uses to Residential Structures. An accessory structure located on the property and related to the primary residence(single-family detached only)for uses which include, but are not limited to: library, studio,workshop, playroom, screen enclosure, detached garage, swimming pool or guesthouse. a. Ownership of an accessory structure shall not be transferred independently of the primary residence. b. Accessory building(s), excluding swimming pools and screen enclosures, may be located on up to 30 percent of the side or rear yards. For the purposes of this provision, the yard shall be the area between the principal structure and the side or rear property line. c. The maximum area of a guesthouse is 750 square feet, limited to 1 habitable floor; the minimum area is 500 square feet. d. The guesthouse must be of new construction and must meet National Flood Insurance Program(NFIP)first habitable floor elevation requirements. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed 8 feet in width. e. Fences and walls: Fences and walls located in the front yard are permitted subject to the following conditions: 10 ft accessory i. The fence or wall shall not exceed 42 inches in height. rear setback ii. Fence material shall be wood picket,wrought iron or material of similar appearance -n• durability. Garden or decorative walls may be brick, stone stucco block. f. Height: The maximum zoned height of an accessory structure is 26 feet. S• een enclosures may exceed the maximum height, but in no case be higher than the pri cipal structure or 35 feet, whichever is less. g. Location: Accessory structures shall not be located in the front yard, ex -pt that accessory structures located on corner lots may be located in the front yarn ith the longer street frontage. Accessory structures shall be setback a minimum of 10 feet from the rear property line and shall have the same side setback as required for the principal structure for the overlay subdistrict in which it is located. Page 10 • �:;1h. :3 3'� 1 I_(3 •• • rv& .c ` ,• 0 l,l o_ Hh -Qr^ c i/101 0 J o • - — —-_ 4' ;! M..50.91.07Nt°. ` -�- 0 r� ,r S 4 2 c . -h - - f3 Juno te31� �1;sf :ff� 2 o N tb 7 ':°b01 I ( ill N �� ' o gf7P! . 0 • zc0 of n N L y Q 7 In C V l ' if•101 --- N •4.` Ir. Q IL CL l h w-. L F-rc, r, Lk� R V ` / . . Q U CD 0 q 4 Q E ` p[ v ry' •,. /r rot _ 22� a) 0 M b b �. o W DF 00! I U U M•i r r . .. p1' a) (6 • 1� • 1 E � r 10 U �, y• rre0; a M Cn tO m u kg 1J•0r. I : ■ c c ` a U) 4, O E v n n f J ter: 3 ;V 1 Z • 1 W G+ Q U / o r • 4il ` 1 W- 6, 0 2 44RI A r oN a S rI - O 0) N Z LrO �. _ �- Z 8 y a, r:'66 F— lyl i0 ^1 0 °_ ca •i-.... l .1( tf7 M ii 0 Q O� O p r It -.. .Sf N C • • . . . fl CO +•• :'-' '''''r I t 4 4...A cs rri ITS, 0 .c' � t,+ C H , I - p Ou C v O h UO�. .1i Q �� •" v 0 �m�m A y` X ns t V In )• w ,�� 7 a) � � be 4 j �n —° ; o ucrtra4�"� ! ° /r7 . 0 4— 7:3 ..,,,•.... 0 • Q.in In • �. I- KG 1 O . • .� • 1 - . •. Q i • / subdivision: created March 1, — 1955 22762 • . - sa :Th 107 • .. •in:e this . .r+• chy: :f beret., A. 7., 1•W;. ".742: •• . 3c:th Naples 3r,c.res t.omrany, inc., a corporation existing ___ • roue- t`., law, . .;e -ante •:f Flcri,e, having Its principal place • _f b.:slr,ess In the Co-city c,f Cc11:er, .it•.te of Florida, party of the • . - : lrst t'ert, n: surer Slates ana wife. Huby (3. Bates, whose post • _ t,::ice e_uress :s, c/o 6a^les i.eal Estate l.xchangc, Inc., Naples, • 6} Florl ..n, rert:es of t?:e second part, NI: ESSETv, that the said party • •.. .f the first pert. for end in consideration of the stns of Ten Dollera _L - to it in hand raid, the recelnt whereof in herebi acknowledged, has -.• granted, bar.-,nined, sold, aliened, remised, released, conveyed and . • confirmed, and by these presents doth grant, bargain, sell, alien, . . remise, release, convey and confirm unto said parties of the second pert, and his heirs and asst;;ne forever, all that certain parcel of - 1•- -;+ land lying and being in the Count, of Collier and State of Florida, - - • e . more particularly described as follows: - •7''' A lot or parcel of land in Lot 118 of the Naples Grove •a. ! k Truck Comnany's Little Farms No. 2 as recorded in , `Z j Plat Book 1 at Fag() 27 of the Public Record, of Collier '" County, Florida, the said parcel being specifically described as the west 50 feet of the ens:: 226.12 feet of tnat part of the saiu Lot 118 lying north of a 1 i • ; certain drainage easement, as recorded in Deed Book 28 at Page 443 of the Public accords of Collier County, Florida, excepting therefrom the north 30 feet. This conveyance includes the perpetual right of ingreas - = to and egress frorykhe described land, over and along . v • - an access easement, the said easement being described ' _L as the south 29 feet of the north 30 feet of the west - ' ' 450 feet of the east 526.12 feet of the said Lot 119. • r The described property being indicated as Lot Ii of an • unrecorded nlat of "Haldeman Canal Nomesitee", a copy of which is har-to attached and made a part of this • . conveyance. The following restrictions shall run id th the land and be binding •' L. r --. - m on all parties for a period of twelve peers from this date. . `e ,•' 1. Filch dwelling shall contain not less than 500 square feet of floor ,race exclusive of . • _ . _ notches and carports. OS . 2. No outhouses shall be allowed on the premises-. . 3. All construction shall be of at'least 60, new material. • V w 4. All frame and CC3 construction shall be painted • - on the outsice. _ _ S • - • setback (yard) lines of: • f Front: 25 ft Side: 6 ft S" .•Rear: n/a II" 3� 11)‘z Il) 5. No tar r r roofs nr s!ainr shell be allowed. • 6. Set bock lines +hall be 25 feet from the front lot line and 6 feet frog each side line. • T. The land shall not be used for any purpose other than a dwelling inducing the necessary and usual buildings thereunto appertaining. TOBETHEi with all tenements, hereditanents and appurtenance., with . i every privilege, right, title, interest anti estate, reversion, remainder and easemont thereto belonging or in anywise appertaining: . - ' TC AVE 9 AND TO HOLD the same in fee simple forever. • And the said party of the first rart doth covet,ent with the said parties of the second part that it is lawfully seized of the said premises; that they are free of all incumbrances, and that it has good right and lawful authority to sell the same; and the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of • all re rson3 Whomsoever. �• Il o IN YITNE3S WHEREOF, the said party of •s e•, 4a at •;4'7h ' the first part has caused these presents ij.,�l y 7• 'S: to `,e signed in its name by its President, �-. ... .�_r and its corporate seal to be affixed, , . - attested by its secretary the day and Iyear aborc written. . THE SOUTH NAPLES SHORES COMPANY, INC. " o f BY I) t. Iresiden , • Attest: .. ecr tar b„..)--4' all Signed, Sealfe(d�and/}Hof Bred in our Presence: 1 Ill . s 1 . *� 4 ... • .... •. , V • •1 * drainage easement segment of 35 ft 'width within 175 ft easement is effective Dr-,..,,, ; '6 rlc1'4 4.3 rear yard; use for maintenance of . r • drainage canal; created June 8, 1953 �r"1 �� '"r.7 fU a'tyfl\ ti6. 's'■1-154 4 '. ...iv:. 1 .•7'� 'F;nu o.� tie. �-13,r1 .., - f!o11:nr tUl'1rY '.• V. DRAINAGE EASEMENT • . .41r• ;III'. i'ss:I:11F !' o..rlri l` d r ^. Yfl R Iuli A. D l..i t . os,7.0 .. loc .lJ. an t4 7 ti a!. ii i:^. It f • :-.1 i•-•n;Mown11:' and Richard Florence 1i. Hal owl Jawrt. :tunlall:"- " son' 7, Randall aril-Flotenc`e T. Rat.Aall,`Ileavuvort ----- r th.• A+.t i:n! snort ih ST:1TF.OF FLORIDA, for the u•• _• Road +'' • d partuclit.u!•the State a DrparttnenC — — rot 11L,,,.I.. Milani] Eluitdutg. TaIL,}IagM'P, Florida, as the srrnnd party V.'1 I I ssF"i'II That the first part_ In consideration or the sum of One Dollar and other t•alnnblc . ,', • " '-,.f,,,i the receipt of which is here.h• aeknowir,tpr,4 hrn•hy grant_unto the second party,Its o.1 a. lx• .igns. a pertunl easement and right of way for the pt.,•i,ose of clearing,excavating,con. , • t„,•t.u ,,id tt a:ntoirung outfall and drainage (lathe..and drains tn.upon and through tho following de. ni e,1 L•d in c111cr ___County,Florida, to•wit; .. ,t ; ”' r,r. .r: - - , • le • 111 of !inplea Oro;o and Truck Com^any'a Little Firma ifo. 2, • s w.'crli .r,• to ,tat thareof ra:orded in Plat Boa% ' r 1 sit rARe 27, 111:lie records of Collier County, Florida — • •• 1,;,.,. within 7:i feet, each aide, of a dralnace ditch :enterline; void costar- . . 1:::r 1.••it:,: located and deocrlbod as followet nerirnIr. on the Furth boundary of `, • ',r • ., = : ." i1" ((Worth boulder,; of Section lb, 1ownnhlp O South, Attire 25 East) ' ` „` '• ;....nt. 7'1.84 foot Want from the tinrtheaat corner of avid Lot 118 (lbrthenot �' ::."t' f sail Section li,); thence run South 10,105'00" East 257.76 feet; thence / :,.r't, •'11'00'""r-aat CJ11.'' foot to the Eant boundary of eaid It 118 (East bound- or,' • ,:oc..ion 14, Tu•+nnhip 50 South, Range 2j Eaet) at a point ?O,.88 foot South +.., : .. O. :r 1 1 llnrt.hnant corner of-Lot 11 ll; containing 0.1 acres, more or lone. „ t.f,1t.d! 111LK f: U,1 llir�.�.-.........�..+� .t.�t,�4tp ,G .tH1 4�' r�3i'I 111,L. 1 't 1 50I`r7, f`f l,•i4( f . ^"mow �• 5 c; iii.,, r,' 1 tUVLD „oo ". -4 DEC IS 1952 6( I, 1,1. E:••••• V," • .ii:1h J1' r'LUX LOA, COUNT ,,�COLLIILh tom-' +� 4 piled for scold thlo -. day oJ'' Juno 19 3 in Poeare," . Book ?A . Jags IVO__. and-Record died. t °; • ate".`"' C t SOOtt Circuit "?f{, rfi,�ft� t Court Deputy arork . TO IIAVE AND TO 1tOLD the sante unto the second party. Its .uctes.nrs and n,.rigu;c, together with .n n.iinny unto`th.'wrund party, its eurrruors or aartgns.from all minutia for damage,if any,arising from td •r grnume out of .ouch cunstructton•and or maintenance,to the Lands,if any,owned by the first part_.__, i},n.- .,diarent or conupiuus to the land:, hcreinnbovc described. IN A'ft::ti tis 1!'RF:IIFOF the first part/Cc ha✓G hereunto.rt Acre 7,� . A.D. 1553. hardy and seal tht+ ,-1 ',.,d,•,f Mr'I d,•hverr•d �,/./e.: / /1/( - `-. (SEAL) tZ.t t�,Gf1f l •,,,. , (SEAL) �' 't.•.., �y .Y:1 « ~/� f".. .`.:':''j� t j L 7 _ •(SEAL) f aisl«t,, ac t�ts1 /tlba Ms �- �/ lcC �Jl icittriJr•• t £i.'.; �, - 4,j►_mr� C�. , i....t 1;-- r't `. ,'--, t �-. 4......:1!,-.a.• 'e" '� .. ., ,.......t-- i F I' l" ' Si 10A » Friday,July 24,2015 )) 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, August 13th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. VA-PL20140002328 — Paul Wassberg requests a variance from Section 4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure setback line from 10 feet to 0 feet to allow for construction of a proposed pool and screen enclosure on property located at 3250 Collee Court, approximately one-quarter mile south of the intersection of Tamiami Trail East and Airport-Pulling Road in Section 14, Township 50 South, Range 25 East, Collier County, Florida. B ENTRY \ DAVIS(SR.S4•) -=V'"• RIDGE 1 LEVEL V DEVOE MINTER PARK 2 .h z /PONTIAC K GALLMAN KINGS LAKE S2 d /ESTATE (DRI) 11 tt 12 7 MP MILLER 7 K GONER PROJECT \WEST SQUARE Q GOVT. CROWN CODRILE LOCATION PgNTE COUR 1 SHAD� VO'NADO Ny w T ''S L. 9 LAGO 4 VERDE ,„ CULTURAL\ a, ARTS CRICKET TA 0 LLA. LAKE '9 RIVIERA WINDSTAR ,=j, RA Y$ORE 1B ROLENA 14 m \ 13 S GOLF mi ESTATES LAKE AVALON '9) ST.PETERS CATHOLIC C.R.864) RATTLESNAKE eo'Al CHURCH %uKEC voce \ n �t^' I HAMMOCK RD. SOLSTICE OR All interested parties are to blebeco heard. me aAll peamanelntused part in presentation before the Hearing Examiner w 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 Department, Zoning Division, Zoning Services Section, 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 Division 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.231121371 lulu 24.2015 EXHIBIT /13)6 gx 8 7c, . W a LI c