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HEX Agenda 10/27/2016 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA OCTOBER 27, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, OCTOBER 27,2016 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: September 22, 2016 4. ADVERTISED PUBLIC HEARINGS: A. PETITION DR-PL20160001107—Petitioner,TT of Naples,Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks deviations from LDC Section 4.02.01, to reduce the minimum side yard setback, from LDC Section 4.05.04, to reduce the minimum number of required parking spaces, from LDC Section 4.06.02, to reduce the minimum required landscape buffer width and allow encroachments into required landscape buffers, from LDC Section 4.06.03, to allow interior planting areas within vehicular use areas to overlap the perimeter buffer, from LDC Section 4.06.05, to reduce the minimum required foundation planting area width, and from LDC Section 5.05.08, to reduce the minimum required setback between the front entry and a drive or a parking area, for a proposed Acura dealership project. The subject property is located on the north side of Exchange Avenue,just east of Airport-Pulling Road, in Section 36, Township 49 South, Range 25 East, Collier County,consisting of 2.48+acres. [Coordinator: Daniel J. Smith,AICP, Principal Planner] B. PETITION NO. VA-PL20160001181 — Roxanne B. Stone-Jeske and Nancy D. Koeper request a variance from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck and stairs on a waterfront lot within the Residential Single-Family (RSF-3) zoning district. The subject property is located on Lot 11, Block M of the Conners Vanderbilt Beach Estates Unit 2 subdivision, on the south side of Trade Winds Avenue,approximately 1000 feet west of Vanderbilt Drive in Section 29, Township 48 South, Range 25 East,Collier County,Florida. [Coordinator: Rachel Beasley] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN AGENDA ITEM 4-A Cottier County 1111.04.1 STAFF REPORT COLLIER COUNTY HEARING EXAMINER FROM: ZONING SERVICES SECTION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 27, 2016 SUBJECT: NAPLES ACURA, SITE PLAN WITH DEVIATIONS, DR-PL20160001107 PROPERTY OWNER: Applicant: Agent: TT of Airport Inc. Ashley Caserta& Patrick Vanasse 505 S. Flagler Drive, Suite 700 RWA, Inc. West Palm Beach, FL 33401 6610 Willow Park Dr.. Suite 200 Naples, FL 33901 REQUESTED ACTION: Petitioner, TT of Naples, Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks deviations from LDC Section 4.02.01, to reduce the minimum side yard setback, from LDC Section 4.05.04, to reduce the minimum number of required parking spaces, from LDC Section 4.06.02, to reduce the minimum required landscape buffer width and allow encroachments into required landscape buffers, from LDC Section 4.06.03, to allow interior planting areas within vehicular use areas to overlap the perimeter buffer, from LDC Section 4.06.05, to reduce the minimum required foundation planting area width, and from LDC Section 5.05.08, to reduce the minimum required setback between the front entry and a drive or a parking area,for a proposed Acura dealership project. GEOGRAPHIC LOCATION: The subject property is located on the north side of Exchange Avenue, just east of Airport- Pulling Road, in Section 36, Township 49 South, Range 25 East, Collier County, consisting of 2.48±acres. (See location map page 2). Acura of Naples- DR-PL20160001107 Page 1 of 14 HEX Hearing October 27,2016 I-1— , 1: I . ...—I 4 "r ,, ..... , ' it. = GI — Y b .. ��. 11 Y f, s a Iii , _ i r a z Y I i h ' U P ii ., , �� . ri)C 4, r i \'''''''''''' ' veuwalow 0 II 4 a i qii jJ1 J Hit• 0 a-- r•� CV CL CD E D z c UVING$TON RD — o. }- I 0a. I CL 0 CI 2 N 4 ONI110d INOdillV fa%\\NNN__ S ON JNlllfld 1»QdHIY 0 ICIS 0 0. Z J W O O • Acura of Naples-DR-PL20160001107 Page 2 of 14 HEX Hearing October 27,2016 \ I • . * ,,.; MI ....9 Ct , . •. Subject Property ii,r.. I 'iii Iv up-. • i 3 < 1 44. 4.4.406&..... •lk, ° i ^' g,4ill I if ...1.,.7„ le 1•111 II : — - aR morns I 1 1, .,,_v s�°�..*w:- -�.- ,11 : -- .•.. .., .. — F N w. ,,.. �A • I i e z Asa • gip.- ,.. i i * 1 Aerial Photo(not to scale) SURROUNDING LAND USE & ZONING: SUBJECT PARCELS: Existing Naples Acura with a zoning designation of C-5 (Heavy Commercial District). SURROUNDING: North: Commercial Strip Center and Storage Facility and with a zoning designation of C-5. East: Storage Facility with a zoning designation of C-5. South: Exchange Avenue. Storage Facility with a zoning designation of C-5 West: Airport-Pulling Road, Naples Airport. Acura of Naples-DR-PL20160001107 Page 3 of 14 HEX Hearing October 27. 2016 APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATION: The petitioner is seeking nine (9) deviations from the requirements of the Land Development Code (LDC). The deviations are listed below with staff analysis and recommendations. Deviation #1: Seeks relief from LDC 4.06.02.0 regarding buffer requirements. "Table of Buffer Yards," which requires a 10-foot landscape buffer where commercial abuts commercial, to allow the existing 5-foot buffer on the north side of the building. Justification #1: Ord. No. 82-2, Section 8.30.E.2.a, the applicable zoning code, at time of development, required "a strip of land at least five feet in width....shall be landscaped to include an average of one tree for each fifty feet." "In addition to the required trees, such planting area shall be landscaped with grass..." The current code requires a 10-foot Type A buffer, which includes trees, spaced 30 feet apart. In lieu of the 10-foot buffer, a 5-foot buffer with trees spaced 30 feet apart will be provided. Additionally, a row of shrubs will be provided within the existing five foot buffer area to create and enhanced buffer. Buffers including code required trees every 30 feet, with the addition of a hedge, are proposed along the north and east property lines. Additionally, current requirements for tree plantings are proposed along all property lines, with enhanced buffering along the north and east sides by adding shrubs. Additionally,the north buffer is deemed to be deficient in area by 315 square feet, where the new building additions are proposed. As detailed in the table below, there are four areas of encroachment into required landscape buffers. The areas total 530 square feet of encroachment. Buffer Encroachment Mitigation Table Building additions -north 10-foot buffer 315 S.F. Bicycle rack and pad -west 15-foot buffer 80 S.F. Display area—west 15-foot buffer 74 S.F. Display area—south 10-foot buffer 61 S.F. TOTAL MITIGATION AREA REQUIRED 530 S.F. TOTAL MITIGATION AREA PROVIDED 532 S.F. A 532 square foot landscape buffer mitigation area is proposed in the north east corner of`Parcel 3' as shown on the Site Plan with Deviations exhibit and as summarized in the table above. The area exceeds the 530 square foot deficiency from the four combined perimeter buffers. Additionally, `Parcel 3' is being added to the proposed site and was previously paved without impervious areas orbuffering. Staff Analysis and Recommendation: The request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The Acura of Naples-DR-PL20160001107 Page 4 of 14 HEX Hearing October 27, 2016 applicant intends to meet current standards for landscaping by adding additional plant material and providing a pervious landscaped area within the parking area. Staff can support this requested deviation. Deviation #2: Seeks relief from LDC 4.06.02.0 regarding Buffer Requirements, "Table of Buffer Yards" which requires that the remaining area of the required Type D buffer must contain existing vegetation, grass, ground cover or other landscape treatments,to a allow the 80square foot, buffer encroachment from the bicycle rack within the west buffer. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site. The applicant indents to add additional pervious landscape area within the parking lot. Deviation #3: Seeks relief from LDC 4.06.02.0 which does not permit sidewalks and other pervious areas to occupy any part of the required landscape buffer, to allow the 3.4-foot / 74 square foot encroachment into the buffer along Airport Road. Justification #3: West buffer display area encroachment. The existing vehicle display area near the south west corner of the property encroaches into the required 15-foot buffer along Airport Road by 3.4 feet for a total of 74 square feet. The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations Exhibit on page 10. Staff Analysis and Recommendation: Staff reviewed SDP-2006-AR-9205 that was approved by County staff (Page 6). Staff believes that the encroachment was approved in error. The landscape plan did not clearly show the encroachment into the buffer areas. However, Staff can support this deviation based on the overall improvement to the site. The applicant indents to add additional pervious landscaped area within the parking lot. Deviation #4: Seeks relief from LDC 4.06.02.which does not permit sidewalks and other impervious area to occupy any part of the required landscape buffer, to allow the existing display area encroachment of 2.85 feet/61 square foot into the buffer along Exchange Avenue. Justification #4: South buffer display area encroachment. The existing vehicle display area near the south west corner of the property encroaches into the required 10-foot buffer along Exchange Avenue. The encroachment was permitted and constructed in accordance with SDP-2006-AR- 9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Staff Analysis and Recommendation: Staff reviewed SDP-2006-AR-9205 that was approved by County staff (Page 6). Staff believes that the encroachment was approved in error. The landscape plan did not clearly show the encroachment into the buffer areas. However, staff can support this deviation based on the overall improvement to the site. The applicant indents to add additional pervious landscape area within the parking lot. Acura of Naples-DR-PL20160001107 Page 5 of 14 HEX Hearing October 27, 2016 h.CrYrpMr ID..0 nwrw M(.(I M WOO/i..MPain �.ry A.MMw pu 1 \ . FIMMrww r(9- 1:311 III ! 11ait 1:111 Em ! _ rp4/iMe.lTrig., s l. tnw ran wo.Ys N.gws am` .. _KM WM ® r.M'A'MOr-.Tor O .., ' fli ►y �r Display Area s -0 If r- JJ iatooll ll'i-red 10 0 1 lig (11.0 0 11.0 'VA I .........*k 4:4...1,• ill ..1 P ilit CP ILA i 10 OPP.ci.'"" • irill) 0 r::' Lzi r ' it I e r kr. TT • ... _�_.... ..._ . ,ter.. _. .-..._..._ ...�. OM Avow j awe M AN 0010.414.7 VMy rMMnrrMr aNww 4.9.0.......ura..........0..................1.1 wON- ...Obi mli./IM to MOs .mdiyrTr oft woo wnUrNto r not I fneir SO.line ww ...Oro ' .6' Woo e40 SC 1.10.110%."1.• a•T no~I twW Alit w Ono OgN•r c v r Li ANIr_G` A\/r SDP-2006-AR-9205 ilk ,— . -- - ------- ..444..44m. yr s SO rr' 0. C .l1(.1x;11,' Display Area Acura of Naples-DR-PL20160001107 Page 6 of 14 HEX Hearing October 27,2016 Deviation #5: Seeks relief from LDC, Section 4.02.01.A Table 2.1, "Dimensional Standards for Principal Uses in Base Zoning Districts" which requires a 15-foot side yard setback to allow a minimum side yard setback of+/-5.3 ft. along the northern property line. Justification #5: The existing building setback from the north property line is 5.3 feet. The northern most parcel, which includes the show room and new car delivery expansion areas had a building permit issued in 1988. The applicable code at the time of permitting, Ord. No. 82-2, Section 7.24, indicates a 5-foot required side yard setback for C-5 zoning was the required minimum setback. The expansion area proposed on the site plan is consistent with the existing building setback and will allow for a unified building expansion. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site. The applicant is adding onto a building that had met Code at the time of its construction and it seems reasonable that the addition should have the same setback. Deviation #6: Seeks relief from LDC Section 5.05.08.C.12.b.ii, "entryway/customer entrance treatment", which requires a front entry to be set back from a drive or parking area by a minimum distance of 15 feet,to allow a minimum setback of 11 feet. Justification #6: The 15-foot separation is required for public health and safety reasons. Due to Code requirements for parking and the need for this expansion to meet national dealership standards, we need to request a slight reduction to the minimum separation. This will have no impact on public health or safety conditions because the drive aisle has limited use and no through traffic. A reduced separation between the entrance to the building and the drive aisle is requested in order to accommodate the required landscape buffer, parking area, drive aisle and building expansion. The code requires buffers and parking areas are to be code compliant. The building expansion meets company standard for the showroom as proposed on the site plan. As shown on the site plan with deviations exhibit, there is very limited, no-thru traffic along drive aisle adjacent to the entrance to the building. The drive aisle includes a crosswalk for pedestrians and an elevated yellow curb which creates a demarcation between the drive aisle and pedestrian area approaching the building. Additionally, within the provided 11-foot setback, an enhanced entry way with paver bricks and landscaping will be provided in order to mitigate for the reduced area. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site. Deviation #7: Seeks relief from LDC Section 4.05.04.G, Table 17 "Parking Space Requirements" which requires 103 parking spaces to allow a reduction in required spaces to 81 spaces. Acura of Naples-DR-PL20160001107 Page 7 of 14 HEX Hearing October 27, 2016 Justification #7: As shown on the Site Plan with Deviations Exhibit, the Land Development Code requires 103 parking spaces for the business. 177 parking spaces have been provided; 81 of those spaces are Code required parking, and the remaining 96 spaces are display parking for vehicles for sale. A reduction of 22 spaces is requested for the Code requirement from 103 to 81. On average, there will be approximately 30 employees working at a given time, leaving 51 of the 81 code required parking spaces for customers visiting the dealership for either vehicle maintenance or vehicle shopping. Additionally, there are 18 service bays that will hold 18 vehicles for service, removing them from the parking lot. The applicant is an automotive management company that owns/manages many dealerships. Through their extensive experience, they feel that 51 spaces provided for customers will be sufficient and will not cause a parking issue. While not anticipated, if at any time the business owners feel the need for additional parking over the provided 81 spaces for customers and employees, the applicant can readily allocate display spaces towards customer parking spaces. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site and conditionally that the applicant increases the size of the parking island adjacent to the display area. Currently this island does not meet code. Code requires a landscape island the length of the parking stall, eight feet wide, curb to curb. (See Site Plans with Deviations Exhibit -page 10). Deviation #8: Seeks relief from LDC 4.06.05.C, "Table of Building Foundation Planting Requirements"which requires foundation plantings to be located on at least three facades along 30%of each facade and for foundation planting areas to be a minimum of 10 feet in width to allow reduced planting area width requirement along the north and south facade. Justification #8: As shown on the Calculations Exhibit and Site Plan with Deviations Exhibit, the building foundation planting areas along the north and south sides of the building have reduced widths. These reduced widths are needed to allow the proposed building improvements while ensuring safe and functional circulation around on the site. The foundation plantings on the north are met via the existing buffer which is allowed to account for 50% of the requirement. Unfortunately, that existing buffer is 5' in width. The reduced planting width on the south are needed to allow sufficient space for the drive aisle and parking area south of the building. These foundation planting deficiencies have been mitigated via enhance buffer plantings and additional foundation planting along the western and eastern facades. Further the 30% façade coverage requirement on three sides of the building has been exceeded by providing foundation plantings an all four sides. Lastly,the overall minimum foundation planting area requirement is exceeded even though some of the planting areas do not meet strict dimensional standards. As defined on the Statutory Permit Calculation landscape exhibit, conforming building foundation planting areas provided equal 3,804 square feet The conforming building foundation plantings are deficient by 2,035 square feet. Non-conforming (due to width reduction) building foundation planting areas equal 1,299 square feet and mitigation areas for building foundation plantings equal 1,360 square feet for a Acura of Naples-DR-PL20160001107 Page 8 of 14 HEX Hearing October 27,2016 total of 6,463 square feet of conforming and non-conforming area provided. This results in an excess of 624 square feet above the Code requirement. The mitigation planting area is shown on the two exhibits provided with this submittal and consists of an enhanced buffer along the north (west section) property line where ten trees and zero shrubs are required and where we provide ten trees and 93 shrubs. Additionally, other non-conforming building foundation planting areas are proposed on the west and east sides of the building. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site. Deviation #9: Seeks relief from LDC 4.06.03 B.1, "Standards for Landscaping in Vehicular Use Areas" which requires that at least 10 percent of the total vehicular use area onsite shall be devoted to internal landscape areas, to allow these internal planting areas to overlap the perimeter buffer in order to meet internal planting requirements. Justification #9: As shown on the Site Plan with Deviations Exhibit and the Statutory Permit Calculations Landscape Exhibit (Backup material), 6,076 square feet of internal use area planting is required, and 4,232 square feet of Code compliant internal use area is provided. A deficiency of 1,844 square feet exists. 4,499 square feet of mitigation is provided within the buffers along the west, south, and east sides. In lieu of the turf that is typically provided within buffers, we are proposing these mitigation areas to be 100% planted with vegetation. With this deviation we will be exceeding the planting requirement by 2,655 square feet. We acknowledge that the planting areas within the buffers are being used for both perimeter buffers and internal use area, however, the planting areas are enhanced by adding 4,499 square feet of planted vegetation and removing turf, in turn reducing the amount of water required and reducing maintenance needs and enhancing the aesthetic appeal along the most visible areas of the project. Staff Analysis and Recommendation: Section 4.06.01 A.1.g. of the LDC, states the intent of the landscape code among other things is to: "Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation. " Staff can support this deviation based on the overall improvement to the site; however staff must note that overlapping landscape requirements undermines the intent of the LDC by limiting pervious areas required internal to the parking areas. As shown on page 10 in yellow, areas can be provided minimizing the impacts of heat gain, bringing the parking lot closer to Code compliance. Just adding additional plant material to already required vegetative buffers, while in some cases may increase aesthetics, does not fulfill the intent of the LDC in other capacities. Acura of Naples-DR-PL20160001107 Page 9 of 14 HEX Hearing October 27,2016 IIIIIUF : g` SEN 1 0 ,; `f } _ > Possible VUA���� landscape arca !iiiiD@ ® oaf veimmaimi-va_ _ I!' r mi k =k moi I f e , �/ 11 �/`� a r' i 11 i I -4 `r i moo MR 1 EI kJ Mk ' t rk �_ � 'r I I 1 f I iA+ 1 1 ti 1 I'-�-r1`t4AZ ., e..., `' �� - I I • �_ l � I LI: illif 1 Glt ' ...: . -----i I I I o -i II i P 'a I 0 II ti yi SI -\ . i' L ? � � r P ii = !!!!!! IL. r �I 1 1 11 I t ( ' iP!" — P. k ) ,�.:', � Parking Island E a :'='.CS VIIIT �n Ell Par s ngl meet codr I / ,� Ifj I ( : . 1 iir1�.- - _ 1 �r...r.�..:,✓' i .„., M \ j Site Plan with Deviations Exhibit Acura of Naples-©R-PL20160001107 Page 10 of 14 HEX Hearing October 27,2016 ANALYSIS: Staff has reviewed the requested against the established criteria for Site Plans with Deviations under LDC Section 10.02.03.F.7, and provide the below analysis. a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. The proposed deviations will not change the permitted land uses and densities within the development. b. The proposed development is consistent with the Growth Management Plan. Staff is of the opinion that the project as proposed will remain consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The proposed deviations will not change the permitted land uses and densities within the development. It is staff opinion that the proposed development, while not fully meeting current LDC requirements, does propose building, site, and landscape improvements that exceed the requirements upon which the site was originally developed. Staff is of the opinion that the proposed improvements will have beneficial effect for the surrounding neighborhood and unincorporated Collier County for this currently developed property. d.The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose The proposed deviations will not change the current land area within the development and are adequate to serve the intended purpose. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards,architectural features,vehicular parking and loading facilities,sight distances,landscaping and buffers shall be appropriate for the particular use involved. Staff is of the opinion that all these deviations including any conditions meet the purpose and intent of the LDC regulations as noted above for the proposed redevelopment. The additional architectural, site, and landscape improvements proposed are appropriate and will be of benefit to the community. Acura of Naples-DR-PL20160001107 Page 11 of 14 HEX Hearing October 27,2016 f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. Staff has reviewed the information provided by the applicant and is of the opinion that the project will have a better visual character than the existing development represented currently. Staff must note that the deviation for allowing required Vehicle Use Areas planting to overlap the required buffers eliminated canopy, increasing heat gain in paved areas. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. At time of the Site Development Plan Amendment and Building Permit processing the proposed development improvements are subject to reliable and continuing maintenance requirements as well as standard confirmation and authorization of common ownership(s). h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff finds that the deviations are clearly delineated and are the minimum required to achieve the goals of the project. i.The petitioner has provided enhancements to the development. The applicant is proposing to provide alternative architectural and landscape enhancements that support the approval of these deviations. j. Approval of the deviation(s)will not have an adverse effect on adjacent properties. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. Further, based on the information provided in the application the proposed deviations, with applicable conditions, should not adversely affect adjacent properties. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on October 3, 2016. Acura of Naples-DR-PL20160001107 Page 12 of 14 HEX Hearing October 27, 2016 STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the following deviations of Naples Acura, Inc., Site Plan with Deviations, DR-PL201600001107, Petition, with the following conditions: 1. As a condition of the approval of Deviation#7, the parking island adjacent to the display area noted on Page 10 of this Staff Report shall meet the minimum required parking island, and shall measure inside the curb not less than eight feet in width and extend the entire length of the single row of parking spaces bordered by the island as stated in LDC Section 4.06.03 8.3. Attachments: A. Deviations with Map Exhibit B. Application - Backup Material Acura of Naples- DR-PL20160001107 Page 13 of 14 HEX Hearing October 27,2016 PREPARED BY: ' /0„,/) // DANIEL JAMES SMITH, AICP, PRINCIPAL PLANNER DATE ZONING SERVICES SECTION REVIEWED BY: / /pi'A RAY B l O" , MANAGER DA ZON ERVICES SECTION , 727/6-4 /0 -r- /4 MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION Acura of Naples-DR-PL20160001107 Page 14 of 14 HEX Hearing October 27, 2016 Naples Acura Site Plan with Deviations List of Requested Deviations and Justifications General narrative: The Naples Acura SDPA and Site Plan with Deviations propose aesthetic and functional improvements to an aging site. As part of the SDPA, 'parcel 3'to the east is being added to Acura dealership.The existing conditions on the added parcel include an older metal building, parking lot, non-conforming buffering and a shortage of open/pervious space.Through the proposed deviations,we provide a better, more attractive overall site with improvements in aesthetics, improved functionality, reduced watering and maintenance, and significant improvements in plant diversity.While all planting area requirements do not strictly meet the letter of the law,the overall quality and quantity of plantings provided exceed code requirements making a better project. For example,the following enhancements to the overall general requirements are proposed: o Buffer tree requirement is exceeded by 7 trees, providing enhanced buffering and shading to adjacent areas; o The 75% native tree requirement is exceed by 21%; resulting in 96%of the proposed trees being native; o 50% of shrubs are required to be native -we are exceeding that by 24% by providing 74%native shrubs; o 5 species of trees are required while 12 species are proposed, providing greater horticultural diversity; o Maximum of 30% palms are allowed—we limit our palms to only 16%, in order to provide increased shading; o Nearly 4,500 S.F.of turf is being removed from the perimeter buffers and planted with shrub. This is provided as mitigation for a reduction in internal planting area. Within those buffers, 100%of the area will be planted with trees and shrubs, reducing water use and enhancing aesthetics. o Proposed buffers will provide an additional 400 shrubs above and beyond standard buffer requirements. The enhancements listed above, along with the deviations and mitigation areas described below, reduce water use, enhance aesthetics and shading, provide additional plantings and create a diverse landscape plan while accommodating the reasonable and beneficial redevelopment of this property. Deviation#t1 seeks relief from LDC 4.06.02.0 regarding Buffer Requirements,"Table of Buffer Yards" which requires a 10-foot landscape buffer where commercial abuts commercial, to allow the existing 5-foot buffer on the north side of the building. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 ATTACHMENT A Justification#1: North buffer building area encroachment.The north buffer is a"legal" non-conforming encroachment. Ord. No. 82-2,Section 8.30.E.2.a,the applicable zoning code at time of development, required "a strip of land at least five feet in width....shall be landscaped to include an average of one tree for each fifty feet." "In addition to the required trees, such planting area shall be landscaped with grass...". The current code requires a 10-foot Type A buffer which includes trees spaced 30 feet apart. In lieu of the 10-foot buffer, a 5-foot buffer with trees spaced 30 feet apart will be provided.Additionally, a row of shrubs will be provided within the existing five foot buffer area to create and enhanced buffer. Buffers including code required trees every 30 feet,with the addition of a hedge, are proposed along the north and east property lines.Additionally, current requirements for tree plantings are proposed along all property lines,with enhanced buffering along the north and east sides by adding hedges/shrubs. Additional,the north buffer is deemed to be deficient in area by 315 square feet,where the new building additions are proposed. As detailed in the table below,there are four areas of encroachment into required landscape buffers. The areas total 530 square feet of encroachment. Buffer Encroachment Mitigation Table Building additions-north 10-foot buffer 315 S.F. Bicycle rack and pad-west 15-foot buffer 80 S.F. Display area—west 15-foot buffer 74 S.F. Display area—south 10-foot buffer 61 S.F. TOTAL MITIGATION AREA REQUIRED 530 S.F. TOTAL MITIGATION AREA PROVIDED 532 S.F. A 532 square foot landscape buffer mitigation area is proposed in the north east corner of'parcel 3' as shown on the Site Plan with Deviations exhibit and as summarized in the table above.The area exceeds the 530 square foot deficiency from the four combined perimeter buffers. Additionally, 'parcel 3' is being added to the proposed site was previously paved without impervious areas or buffering. Deviation#2 seeks relief from LDC 4.06.02 C, "Types of Buffers,"which requires that the remaining area of the required Type D buffer must contain only existing native vegetation,grass,ground cover or other landscape treatment,to allow the 80 square foot, buffer encroachment from the bicycle rack within the west buffer. Justification#2:West buffer bicycle rack encroachment:The bicycle rack is a requirement for commercial buildings and is a benefit to the community.The project is a redevelopment site and with the proposed expansion,there is limited space on the site. The proposed bicycle rack and pad are located in an ideal location that is adjacent to the sidewalk along Airport Road and near the sidewalk leading to the main entrance to the building.The pad encroaches into the west buffer 80 square feet, as RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 shown in the table above.The 80 square feet has been included in the overall square footage for buffer mitigation and is shown on the Site Plan with Deviations Exhibit. Deviation#3 seeks relief from LDC 4.06.02 D,which does not permit sidewalks and other impervious areas to occupy any part of a required landscape buffer,to allow the 3.4-foot/74 square foot encroachment into the buffer along Airport Road. West buffer display area encroachment:The existing vehicle display area near the south west corner of the property encroaches into the required 15-foot buffer along Airport Road by 3.4 feet for a total of 74 square feet.The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Deviation#4 seeks relief from LDC 4.06.02 D,which does not permit sidewalks and other impervious areas to occupy any part of a required landscape buffer,to allow the existing display area encroachment of 2.85 feet/61 square foot into the buffer along Exchange Avenue. South buffer display area encroachment:The existing vehicle display area near the south west corner of the property encroaches into the required 10-foot buffer along Exchange Avenue.The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Deviation#5 seeks relief from LDC,Section 4.02.01.A Table 2.1, "Dimensional Standards for Principal Uses in Base Zoning Districts"which requires a 15-foot side yard setback to allow a minimum side yard setback of+1-5.3 ft.along the northern property line. The existing building setback from the north property line is 5.3 feet.The northern most parcel which includes the showroom and new car delivery expansion areas had a building permit issued in 1988. Based on the 1982 zoning map pasted below, provided by County staff,the parcel was zoned C-5 at the time. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 ,r s • s • a4 • ?a 3 2'• x , r „45?;;., $ ��5 8 fig .. t. } xF � . � z �*.sF cT�' w'Stz'm •, -�� d� gp ..'"',qs� � st sell c-s y. ay , 444•{'av s` t"h • • reni , aai � z�Sr t" The applicable code at the time of permitting,Ord. No.82-2,Section 7.24 indicates a 5-foot required side yard setback for C-5 zoning.The expansion area proposed on the site plan is consistent with the existing building setback and will allow for a unified building expansion. Deviation#6 seeks relief from LDC Section 5.05.08.C.12.b.ii,"entryway/customer entrance treatment",which requires a front entry to be set back from a drive or parking area by a minimum distance of 15 feet,to allow a minimum set back of 11 feet. The 15-foot separation is required for public health and safety reasons. Due to code requirements for parking and the need for this expansion to meet national dealership standards,we need to request a slight reduction to the minimum separation.This will have no impact on public health/safety conditions because the drive aisle has limited use and no through traffic.A reduced separation between the entrance to the building and the drive aisle is requested in order to accommodate the required landscape buffer, parking area,drive aisle and building expansion.The code required buffer and parking area are code compliant.The building expansion meets company standard for the showroom as proposed on the site plan. As shown on the site plan with deviations exhibit,there is very limited, no-thru traffic along drive aisle adjacent to the entrance to the building.The drive aisle includes a crosswalk for pedestrians and an elevated yellow curb which creates a demarcation between the drive aisle and pedestrian area approaching the building. Additionally,within the provided 11-foot setback,an enhanced entry way with paver bricks and landscaping will be provided in order to mitigate for the reduced area. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 Deviation#7 seeks relief from LDC Section 4.05.04.G,Table 17"Parking Space Requirements"which requires 103 parking spaces to allow a reduction in required spaces to 81 spaces. As shown on the Site Plan with Deviations Exhibit,the Land Development Code requires 103 parking spaces for the business. 177 parking spaces have been provided; 81 of those spaces are code required parking, and the remaining 96 spaces are display parking for vehicles for sale.A reduction of 22 spaces is requested for the code requirement from 103 to 81. On average,there will be approximately 30 employees working at a given time, leaving 51 of the 81 code required parking spaces for customers visiting the dealership for either vehicle maintenance or vehicle shopping.Additionally,there are 18 service bays that will hold 18 vehicles for service, removing them from the parking lot. The applicant is an automotive management company that owns/manages many dealerships.Through their extensive experience,they feel that 51 spaces provided for customers will be sufficient and will not cause a parking issue.While not anticipated, if at any time the business owners feel the need for additional parking over the provided 81 spaces for customers and employees, the applicant can readily allocate display spaces towards customer parking spaces. Deviation#8 seeks relief from LDC 4.06.05.C,"Building Foundation Planting Requirements"which requires foundation plantings to be located on at least three facades and along 30%of each facade and for foundation planting areas to be a minimum of 10 feet in width to allow reduced planting area width requirement along the north and south facade. As shown on the Calculations Exhibit and Site Plan with Deviations Exhibit,the building foundation planting areas along the north and south sides of the building have reduced widths.These reduced widths are needed to allow the proposed building improvements while ensuring safe and functional circulation around on the site. The foundation plantings on the north are met via the existing buffer which is allowed to account for 50%of the requirement. Unfortunately that existing buffer is 5' in width.The reduced planting width on the south are needed to allow sufficient space for the drive aisle and parking area south of the building. These foundation planting deficiencies have been mitigated via enhance buffer plantings and additional foundation planting along the western and eastern facades. Further the 30%façade coverage requirement on three sides of the building has been exceeded by providing foundation plantings an all four sides. Lastly,the overall minimum foundation planting area requirement is exceeded even though some of the planting areas do not meet strict dimensional standards. As defined on the Statutory Permit Calculation landscape exhibit,conforming building foundation planting areas provided equal 3,804 S.F.The conforming building foundation plantings are deficient by 2,035 square feet. Non-conforming(due to width reduction) building foundation planting areas equal 1,299 S.F. and mitigation areas for building foundation plantings equal 1,360 S.F.for a total of 6,463 S.F. of conforming and non-conforming area provided.This results in an excess of 624 S.F. above the code requirement.The mitigation planting area is shown on the two exhibits provided with this submittal and consists of an enhanced buffer along the north (west section) property line where ten trees and zero shrubs are required and where we provide ten trees and 93 shrubs.Additionally, other non-conforming building foundation planting areas are proposed on west and east sides of the building. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 Deviation#9 Seeks relief from LDC 4.06.03 B.1, "Standards for landscaping in Vehicular Use Areas," which requires that at least ten percent of the amount of vehicular use area onsite shall be devoted to interior landscaping areas,to allow these internal planting areas to overlap the perimeter buffer in order to meet internal planting requirements. As shown on the Site Plan with Deviations Exhibit and the Statutory Permit Calculations landscape exhibit, 6,076 S.F. of internal use area planting is required, and 4,232 S.F.of code compliant internal use area is provided.A deficiency of 1,844 S.F. exists.4,499 S.F. of mitigation is provided within the buffers along the west,south and east sides. In lieu of the turf that is typically provided within buffers, we are proposing these mitigation areas to be 100% planted with vegetation.With this deviation we will be exceeding the planting requirement by 2,655 S.F.We acknowledge that the planting areas within the buffers are being used for both perimeter buffers and internal use area, however,the planting areas are enhanced by adding 4,499 S.F.of planted vegetation and removing turf, in turn reducing the amount of water required, reducing maintenance needs and enhancing the aesthetic appeal along the most visible areas of the project. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 - -s w..r. .b�»+m,. SNOIIVIA3O H11M NVId 3115 ,�y ,9 SI 8 ~ONIY33N+ION3p h - -� i } �S p + Rxx i. 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NAPLES ACURA ENGINEERING • lit A"• " SITE PLAN WITH DEVIATIONS ••. "a>w+4�i iarz,"- I 4 1 — Application Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT: TT of Airport, Inc. ADDRESS: 505 S. Flagler Drive, Suite 700 CITY west Palm Beach STATE FL ZIP 33401 TELEPHONE# 561-655-8900 CELL# FAX# E-MAIL ADDRESS: acino@amsinet.com 11111 NAME OF AGENT. : Ashley Caserta, AICP FIRM: RWA, Inc. ADDRESS: 6610 Willow Park Drive, Suite 200 my Naples STATE FL ZIP 34109 TELEPHONE# 239'597-0575 CELL# FAX# 239-597-0578 E-MAIL ADDRESS: acaserta@consult-rwa.com CORRESPONDING SDP, SDPA, SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL#IF KNOWN: Naples Acura / PL20160000237 PLANNER/PROJECT MANAGER,IF KNOWN: Christine Willoughby DATE OF SUBMITTAL OF SDP/SDPA/SIP: 2016-05-02 1111 9/11/2014 Page 1 of 3 9UMtY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.calliergov.net (239)252-2400 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings,structures,or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan,site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations,the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings,structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements.Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. • 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests-Check all that may be impacted by the request. • Dimensional standards(excluding height):Setbacks ha Parking Architectural • Landscape/Buffers U Other site features: Engineering Deviation Requests-Check all that may be impacted by the request. ❑Stormwater U Pathways U Transportation Planning UOther site features: • 9/11/2014 Page 2 of 3 Coer County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Site Development Plan with Deviations for 9 O ❑ Redevelopment Application Completed SDP/SDPA/SIP application and all associated materials, 9+ ❑ ❑ including all site plan documents. Copy for the Pre-Application Notes, if not submitted with 1 0 ❑ SDP/SDPA/SIP Affidavit of Authorization,signed and notarized 1 ❑ ❑ Electronic Copy of all documents and plans on CD 'Please advise: The Office of the Hearing Examiner requires all ❑ H ❑ materials to be submitted electronically in PDF format. +Unless waived by the Project Manager. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At the completion of the review process by County review staff,the applicant shall submit all materials S . electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS ➢s Site Plan for Redevelopment:$1,000.00 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 fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 • 9/11/2014 Page 3 of 3 2 — Cover Letter • ENGINEERING August 25,2016 Mr. Dan Smith Principal Planner,Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Naples Acura-PL20160001107 Deviations for Redevelopment Application Submittal#2 Dear Mr. Smith: Please accept this letter in response to your insufficiency letter dated June 27,2016 for the above subject project. This letter outlines responses to each comment including stipulations. Please find enclosed the following items in support of the response for the above subject project: 1. Nine(09)copies of this Response Letter; • 2. Nine(09)copies of the revised Application; 3. Nine(09) copies of the Deviation Justifications; 4. Nine(09) copies of the Site Plan with Deviations Exhibit in 8 1/2 x 11"; 5. Nine(09) copies of the Site Plan with Deviations Exhibit in 11x17"; 6. Nine(09) copies of the Statutory Permit Calculations Exhibit;and 7. One(1)CD containing electronic version of submittal documents In reply to your review comments,we offer the following responses in bold: Zoning Review—Reviewed Bv:Daniel Smith Correction 1: Deviations 1 and 2 is asking for a proposed building and parking lot to encroach into a required 10' buffer. Please provide an equivalent or alternative in your justification (e.g. providing x amount of pervious landscape area somewhere else on the site). Response:Please note:Deviations have been renumbered with this submittal. Deviation#5 seeks relief from the 15 foot setback required along the northern property line.Deviation#1 seeks relief from the 10 foot required buffer along a portion of the northern property line. The justification submitted describes the enhanced buffers that include additional plant material over the code minimum, as well as mitigation areas for each of the encroachments that exceed square footage area required by code. Correction 2: 411 Justification for Deviation 3 is weak("meets company standards for showroom"). Can you please elaborate more in your justification? 6610 Willow Park Drive Suite 200 Naples, FL 34109 I (239) 597-0575 I Fax(239) 597-0578 www.consult-rwa.com WA • Response:Additional justification has been added as part of the Deviation Justifications attachment and hos been included with this submittal, Please note:the deviation requesting a reduction in the 1.5- foot separation from drive aisle to entrance is now Deviation#6. Correction 3: Please reduce the plan to 8 y�x 11"with a legible font. Response:Provided. Landscape Review—Reviewed By:Daniel Smith Correction 1: A plan was submitted with the application called"Statutory Permit Calculations". Not sure if this is relevant for the DR process. No legend is provided please explain. Response:The Statutory Permit Calculations landscape exhibit has been revised accordingly and has been resubmitted as part of this packet. Correction Comment 2: The applications asks for a deviation from landscape code for building expansion consistency. However, the applicant wants to reduce the parking lot buffers also, reducing approximately 2,000 sf.Of pervious area. Please justify by providing an equivalency of pervious area somewhere else on the plan(e.g. additional foundation planting or parking island area). The DR process is not a variance from code. Response:The proposed site plan with deviations exhibit and the landscape plan propose enhanced buffers with additional plant material over code minimum requirements.See the attached Statutory Permit Calculations Landscape Exhibit and deviations justifications narrative. The landscape plan was previously submitted on August 16,2016 with SDPA PL20160000237. Correction Comment 3 Please quantify and deviations alternatives for what code requires,to what is proposed. Response:Provided as part of the deviations justifications. Correction Comment 4 The landscape plan submitted does not meet code in other areas(e.g. parking islands). Please submit a minimum code required plan with deviations/alternatives to code. Response:The Landscape plan and site plan with deviations exhibits have been revised accordingly. 4111 Page 2 of 4 K 2015 1 stXXO 00 01 Attica.'dapies,Silt Pham web De,.mons`DO%Set Yen with De ietio»s Suwon'1st FtuwtYwiemy'•Submittal el%V,r ir. Docuinmwd 2t)1b--25 Cover U.Sulanpu#tkrcx 9.141 • Addressing--GIS Review-Reviewed by Annis Moxam Correction Comment 1 On ALTA/NSPS LAND TITLE SURVEY—Property Description—Parcel 1-STR the Section should be 36. On STATUTORY PERMIT CALCULATIONS and LANDSCAPE PLANTING PERMIT PLAN—(Sheets L-2.00&L-1.00) please add street name Airport Pulling Rd. N. and Exchange Ave. Response:The Section was updated on the survey and will was resubmitted with the SDPA application. The survey is not part of the Site Plan with Deviations submittal and was only submitted for reference to the SDPA.Road names have been added to the Statutory Permit Calculations Exhibit and Landscape Planting Permit Plan. County Attorney Review—Reviewed by Daniel Smith Correction Comment 1 Under the"Deviations Request"section of the application,you only checked off"Parking". However, your narrative indicates you are also requesting deviations from dimensional,architectural and landscape/buffer standards. Please revise that section of the application accordingly. Response: The application has been updated and included with this resubmittal. Correction Comment 2 • Please provide a detailed response to each of the criteria under LDC Section 10.02.03 F.7. Response:Responses to the standards for approval to LDC Section 1O.02.03.F.7 are provided below,in Bold/Italic font. 7. Standards for approval. The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Not applicable to this commercial development. The existing/proposed land use is permitted within the zoning district. b. The proposed development is consistent with the Growth Management Plan. The proposed development is consistent with the Growth Management Plan. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole, The existing site was permitted in 1988 in compliance with Ordinance No. 82-'2. in order to renovate and expand the property, the Site Plan with Deviations application has been submitted. The renovated and expanded site will allow for upgrades to the existing building, enhanced landscaping and a better traffic and vehicular flow throughout the property. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The land area of the project and land areas devoted to each function is adequate for a car dealership and is consistent with dealerships throughout the region. e. Streets, utilities,drainage facilities,recreation areas,sizes and yards,architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be 1110 appropriate for the particular use involved. All of the above mentioned site design Page 3 of 4 K 21715=i St)463.ik 01 Aru,,Napiea Sne Plan with Ik'riat,ons 003 Site Pian with Deviations Supped'.1st Iwuflicien cy°<Sobnupai 1#3 1.4 orkint,.lkwunnctna OItr0$.25( w,-11r Sutangtal d ca 1..AAL features listed are included in the proposed site and are appropriate for the . automobile dealership use that is existing and proposed. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. The visual quality of the proposed project will be enhanced through enhanced buffers,increased planting areas and the renovated building expansion. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Not applicable. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Deviations have been clearly outlined and mitigation has been provided as applicable. Otherwise, justification has been provided within the deviations justifications narrative. i. The petitioner has provided enhancements to the development. Enhancements to the project have been provided in the form or architectural upgrades and landscape enhancements. j. Approval of the deviation will not have an adverse effect on adjacent properties. The proposed deviations are internal in nature and will have an adverse impact on any neighboring properties. Correction Comment 3 Please provide a clear and legible 8 Y2"x 11"copy of the proposed Site Plan. Response:Copies of the 8'r4"x 11"proposed Site Plan has been provided with this submittal. • Correction Comment 4 Additional comments to be provided upon receipt of the resubmittal. Response:Acknowledged. We trust the enclosed information is sufficient for your review and approval. We request to be found sufficient and to be scheduled for the next available Collier County Planning Commission hearing. Should you have any questions or require additional information, please contact our office at(239)597-0575. Sincerely, RWA, Inc. Ashley Caserta,AICP Planning Project Manager cc: Ashley Cino File 150063.00.00 • Page 4 of 4 K.\2015''150063.00.01 Acura Naples,Site Plan with Deviations\003 Site Plan with Deviations Support\1st Insufficicncy\Submittal 43 Working Documents\20l6-08-25 Cover Ltr Submittal.docx 3 — Narrative Naples Acura Site Plan with Deviations Narrative and Consistency with LDC,Section 10.02.03 F.7 General narrative: The Naples Acura SDPA and Site Plan with Deviations propose aesthetic and functional improvements to an aging site.As part of the SDPA,'parcel 3'to the east is being added to Acura dealership.The existing conditions on the added parcel include an older metal building, parking lot, non-conforming buffering and a shortage of open/pervious space.Through the proposed deviations,we provide a better, more attractive overall site with improvements in aesthetics, improved functionality, reduced watering and maintenance, and significant improvements in plant diversity.While all planting area requirements do not strictly meet the letter of the law,the overall quality and quantity of plantings provided exceed code requirements making a better project. For example,the following enhancements to the overall general requirements are proposed: o Buffer tree requirement is exceeded by 7 trees, providing enhanced buffering and shading to adjacent areas; o The 75%native tree requirement is exceed by 21%; resulting in 96%of the proposed trees being native; o 50%of shrubs are required to be native -we are exceeding that by 24%by providing • 74% native shrubs; o 5 species of trees are required while 12 species are proposed, providing greater horticultural diversity; o Maximum of 30%palms are allowed—we limit our palms to only 16%, in order to provide increased shading; o Nearly 4,500 S.F. of turf is being removed from the perimeter buffers and planted with shrub. This is provided as mitigation for a reduction in internal planting area. Within those buffers, 100%of the area will be planted with trees and shrubs, reducing water use and enhancing aesthetics. o Proposed buffers will provide an additional 400 shrubs above and beyond standard buffer requirements. The enhancements listed above,along with the deviations and mitigation areas described below, reduce water use, enhance aesthetics and shading, provide additional plantings and create a diverse landscape plan while accommodating the reasonable and beneficial redevelopment of this property. S Consistency with LDC,Section 10.02.03 F.7: • 7. Standards for approval. The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Not applicable to this commercial development. The existing/proposed land use is permitted within the zoning district. b. The proposed development is consistent with the Growth Management Plan.The proposed development is consistent with the Growth Management Plan. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The existing site was permitted in 1988 in compliance with Ordinance No. 82-2. In order to renovate and expand the property, the Site Plan with Deviations application has been submitted. The renovated and expanded site will allow for upgrades to the existing building, enhanced landscaping and a better traffic and vehicular flow throughout the property. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The land area of the project and land areas devoted to each function is adequate for a car dealership and is consistent with dealerships throughout the region. e. Streets,utilities,drainage facilities,recreation areas,sizes and yards,architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be • appropriate for the particular use involved. All of the above mentioned site design features listed are included in the proposed site and are appropriate for the automobile dealership use that is existing and proposed. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district.The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. The visual quality of the proposed project will be enhanced through enhanced buffers,increased planting areas and the renovated building expansion. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee.Not applicable. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Deviations have been clearly outlined and mitigation has been provided as applicable. Otherwise,justification has been provided within the deviations justifications narrative. i. The petitioner has provided enhancements to the development. Enhancements to the project have been provided in the form or architectural upgrades and landscape enhancements. j. Approval of the deviation will not have an adverse effect on adjacent properties. The proposed deviations are internal in nature and will have an adverse impact on any neighboring properties. 4111 4 — Deviations & Justifications • Naples Acura Site Plan with Deviations List of Requested Deviations and Justifications General narrative: The Naples Acura SDPA and Site Plan with Deviations propose aesthetic and functional improvements to an aging site.As part of the SDPA,`parcel 3'to the east is being added to Acura dealership.The existing conditions on the added parcel include an older metal building, parking lot, non-conforming buffering and a shortage of open/pervious space.Through the proposed deviations,we provide a better,more attractive overall site with improvements in aesthetics, improved functionality,reduced watering and maintenance,and significant improvements in plant diversity.While all planting area requirements do not strictly meet the letter of the law,the overall quality and quantity of plantings provided exceed code requirements making a better project. For example,the following enhancements to the overall general requirements are proposed: o Buffer tree requirement is exceeded by 7 trees, providing enhanced buffering and shading to adjacent areas; o The 75%native tree requirement is exceed by 21%; resulting in 96%of the proposed trees being native; • o 50%of shrubs are required to be native -we are exceeding that by 24%by providing 74%native shrubs; o 5 species of trees are required while 12 species are proposed, providing greater horticultural diversity; o Maximum of 30%palms are allowed—we limit our palms to only 16%, in order to provide increased shading; o Nearly 4,500 S.F.of turf is being removed from the perimeter buffers and planted with shrub. This is provided as mitigation for a reduction in internal planting area. Within those buffers, 100%of the area will be planted with trees and shrubs, reducing water use and enhancing aesthetics. o Proposed buffers will provide an additional 400 shrubs above and beyond standard buffer requirements. The enhancements listed above,along with the deviations and mitigation areas described below, reduce water use, enhance aesthetics and shading, provide additional plantings and create a diverse landscape plan while accommodating the reasonable and beneficial redevelopment of this property. Deviation#1 seeks relief from LDC 4.06.02.0 regarding Buffer Requirements,"Table of Buffer Yards" which requires a 10-foot landscape buffer where commercial abuts commercial, to allow the existing 5-foot buffer on the north side of the building. • RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 Justification#1: North buffer building area encroachment.The north buffer is a"legal" non-conforming • encroachment. Ord. No.82-2,Section 8.30.E.2.a,the applicable zoning code at time of development, required"a strip of land at least five feet in width....shall be landscaped to include an average of one tree for each fifty feet." "In addition to the required trees,such planting area shall be landscaped with grass...". The current code requires a 10-foot Type A buffer which includes trees spaced 30 feet apart. In lieu of the 10-foot buffer,a 5-foot buffer with trees spaced 30 feet apart will be provided.Additionally, a row of shrubs will be provided within the existing five foot buffer area to create and enhanced buffer. Buffers including code required trees every 30 feet,with the addition of a hedge,are proposed along the north and east property lines.Additionally,current requirements for tree plantings are proposed along all property lines,with enhanced buffering along the north and east sides by adding hedges/shrubs. Additional,the north buffer is deemed to be deficient in area by 315 square feet,where the new building additions are proposed. As detailed in the table below,there are four areas of encroachment into required landscape buffers. The areas total 530 square feet of encroachment. Buffer Encroachment Mitigation Table Building additions-north 10-foot buffer 315 S.F. Bicycle rack and pad-west 15-foot buffer 80 S.F. Display area—west 15-foot buffer 74 S.F. Display area—south 10-foot buffer 61 S.F. TOTAL MITIGATION AREA REQUIRED 530 S.F. TOTAL MITIGATION AREA PROVIDED 532 S.F. A 532 square foot landscape buffer mitigation area is proposed in the north east corner of'parcel 3'as shown on the Site Plan with Deviations exhibit and as summarized in the table above.The area exceeds the 530 square foot deficiency from the four combined perimeter buffers.Additionally, 'parcel 3' is being added to the proposed site was previously paved without impervious areas or buffering. Deviation#2 seeks relief from LDC 4.06.02 C,"Types of Buffers,"which requires that the remaining area of the required Type D buffer must contain only existing native vegetation,grass,ground cover or other landscape treatment,to allow the 80 square foot, buffer encroachment from the bicycle rack within the west buffer. Justification#2:West buffer bicycle rack encroachment:The bicycle rack is a requirement for commercial buildings and is a benefit to the community.The project is a redevelopment site and with the proposed expansion,there is limited space on the site.The proposed bicycle rack and pad are located in an ideal location that is adjacent to the sidewalk along Airport Road and near the sidewalk leading to the main entrance to the building.The pad encroaches into the west buffer 80 square feet,as RWA File 150063.00.00 PL20160001107 • Naples Acura Site Plan with Deviations 9/23/2016 • shown in the table above.The 80 square feet has been included in the overall square footage for buffer mitigation and is shown on the Site Plan with Deviations Exhibit. Deviation#3 seeks relief from LDC 4.06.02 D,which does not permit sidewalks and other impervious areas to occupy any part of a required landscape buffer,to allow the 3.4-foot/74 square foot encroachment into the buffer along Airport Road. West buffer display area encroachment:The existing vehicle display area near the south west corner of the property encroaches into the required 15-foot buffer along Airport Road by 3.4 feet for a total of 74 square feet.The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Deviation#4 seeks relief from LDC 4.06.02 D,which does not permit sidewalks and other impervious areas to occupy any part of a required landscape buffer,to allow the existing display area encroachment of 2.85 feet/61 square foot into the buffer along Exchange Avenue. South buffer display area encroachment:The existing vehicle display area near the south west corner of the property encroaches into the required 10-foot buffer along Exchange Avenue.The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Deviation#5 seeks relief from LDC,Section 4.02.01.A Table 2.1,"Dimensional Standards for Principal • Uses in Base Zoning Districts"which requires a 15-foot side yard setback to allow a minimum side yard setback of+/-5.3 ft.along the northern property line. The existing building setback from the north property line is 5.3 feet.The northern most parcel which includes the showroom and new car delivery expansion areas had a building permit issued in 1988. Based on the 1982 zoning map pasted below,provided by County staff,the parcel was zoned C-5 at the time. • RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 t. 3; `I ' .C. j i n att ry, rorielt f t 4 [..._.T The applicable code at the time of permitting, Ord. No. 82-2,Section 7.24 indicates a 5-foot required side yard setback for C-5 zoning.The expansion area proposed on the site plan is consistent with the existing building setback and will allow for a unified building expansion. Deviation#6 seeks relief from LDC Section 5.05.08.C.12.b.ii,"entryway/customer entrance treatment",which requires a front entry to be set back from a drive or parking area by a minimum distance of 15 feet,to allow a minimum set back of 11 feet. The 15-foot separation is required for public health and safety reasons. Due to code requirements for parking and the need for this expansion to meet national dealership standards,we need to request a slight reduction to the minimum separation.This will have no impact on public health/safety conditions because the drive aisle has limited use and no through traffic. A reduced separation between the entrance to the building and the drive aisle is requested in order to accommodate the required landscape buffer, parking area,drive aisle and building expansion.The code required buffer and parking area are code compliant.The building expansion meets company standard for the showroom as proposed on the site plan. As shown on the site plan with deviations exhibit,there is very limited, no-thru traffic along drive aisle adjacent to the entrance to the building.The drive aisle includes a crosswalk for pedestrians and an elevated yellow curb which creates a demarcation between the drive aisle and pedestrian area approaching the building. Additionally,within the provided 11-foot setback,an enhanced entry way with paver bricks and landscaping will be provided in order to mitigate for the reduced area. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 • Deviation#7 seeks relief from LDC Section 4.05.04.G,Table 17"Parking Space Requirements"which requires 103 parking spaces to allow a reduction in required spaces to 81 spaces. As shown on the Site Plan with Deviations Exhibit,the Land Development Code requires 103 parking spaces for the business. 177 parking spaces have been provided;81 of those spaces are code required parking,and the remaining 96 spaces are display parking for vehicles for sale.A reduction of 22 spaces is requested for the code requirement from 103 to 81. On average,there will be approximately 30 employees working at a given time,leaving 51 of the 81 code required parking spaces for customers visiting the dealership for either vehicle maintenance or vehicle shopping. Additionally,there are 18 service bays that will hold 18 vehicles for service, removing them from the parking lot.The applicant is an automotive management company that owns/manages many dealerships.Through their extensive experience,they feel that 51 spaces provided for customers will be sufficient and will not cause a parking issue.While not anticipated, if at any time the business owners feel the need for additional parking over the provided 81 spaces for customers and employees, the applicant can readily allocate display spaces towards customer parking spaces. Deviation#8 seeks relief from LDC 4.06.05.C,"Building Foundation Planting Requirements"which requires foundation plantings to be located on at least three facades and along 30%of each facade and for foundation planting areas to be a minimum of 10 feet in width to allow reduced planting area width requirement along the north and south facade. As shown on the Calculations Exhibit and Site Plan with Deviations Exhibit,the building foundation ® planting areas along the north and south sides of the building have reduced widths.These reduced widths are needed to allow the proposed building improvements while ensuring safe and functional circulation around on the site. The foundation plantings on the north are met via the existing buffer which is allowed to account for 50%of the requirement. Unfortunately that existing buffer is 5' in width.The reduced planting width on the south are needed to allow sufficient space for the drive aisle and parking area south of the building. These foundation planting deficiencies have been mitigated via enhance buffer plantings and additional foundation planting along the western and eastern facades. Further the 30%façade coverage requirement on three sides of the building has been exceeded by providing foundation plantings an all four sides. Lastly,the overall minimum foundation planting area requirement is exceeded even though some of the planting areas do not meet strict dimensional standards. As defined on the Statutory Permit Calculation landscape exhibit,conforming building foundation planting areas provided equal 3,804 S.F.The conforming building foundation plantings are deficient by 2,035 square feet. Non-conforming(due to width reduction) building foundation planting areas equal 1,299 S.F. and mitigation areas for building foundation plantings equal 1,360 S.F.for a total of 6,463 S.F. of conforming and non-conforming area provided.This results in an excess of 624 S.F.above the code requirement.The mitigation planting area is shown on the two exhibits provided with this submittal and consists of an enhanced buffer along the north (west section) property line where ten trees and zero shrubs are required and where we provide ten trees and 93 shrubs.Additionally,other non-conforming building foundation planting areas are proposed on west and east sides of the building. File150063.00.00PL20160001107 RWA Naples Acura Site Plan with Deviations 9/23/2016 Deviation#9 Seeks relief from LDC 4.06.03 B.1,"Standards for landscaping in Vehicular Use Areas," III which requires that at least ten percent of the amount of vehicular use area onsite shall be devoted to interior landscaping areas,to allow these internal planting areas to overlap the perimeter buffer in order to meet internal planting requirements. As shown on the Site Plan with Deviations Exhibit and the Statutory Permit Calculations landscape exhibit,6,076 S.F.of internal use area planting is required,and 4,232 S.F. of code compliant internal use area is provided.A deficiency of 1,844 S.F. exists.4,499 S.F.of mitigation is provided within the buffers along the west,south and east sides. In lieu of the turf that is typically provided within buffers,we are proposing these mitigation areas to be 100%planted with vegetation.With this deviation we will be exceeding the planting requirement by 2,655 S.F.We acknowledge that the planting areas within the buffers are being used for both perimeter buffers and internal use area,however,the planting areas are enhanced by adding 4,499 S.F. of planted vegetation and removing turf, in turn reducing the amount of water required, reducing maintenance needs and enhancing the aesthetic appeal along the most visible areas of the project. • RWA File 150063.00.00 PL20160001107 III Naples Acura Site Plan with Deviations 9/23/2016 5 — Affidavit of Authorization C oer County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 A FFiDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) (, Stephen Terry (print name),as Asst secretary (title,if applicable)of TT or Mood.roc (company,If applicable), swear or affirm under oath,that I am the (choose one)owner X 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. Well authorize RwA Inc to act as our/my representative in any matters regarding this petition including I through 2 above. *Notes: • If the applicant is a corporation,then it is usually executed by the corp.pres.or 5,pres. • the applicant is a Limited Liability Company(L.L.C,i or Limited Company(L.C.). then the documents should typically be signed by the Company's "Managing Member." • • lythe 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'c status. e.g.. individual. corporate. trust. partnership, and then use the appropriate forint fOr that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. sf -f ' Signature Date STATE OF FLORIDA COUNTY OF COWER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 14/1.,•5/ (date) by _ (name of person providing oath or affirmation),as , . , c who is personally known to ire or who has produced (type of identification)as identification. ../k''P/AL °I1A4d, STAMP/SEAL Signature of Notary Public SARA r.., , 1' rP,os.coa-ootts,ts; 8/7/2015 � '`�"° Page 7 of 11 6 — Landscape Plans 1 DAIRPORT PULLING ROAD N ro Viii 9 0 51 4 a-,--_-1" w _4;•--g- i __ ____ _ -. • -8 ii Y''/ / 4,1.— 81-. 0:: - --1=; i ill [m4114 1 .54 111 11 i A 1 .',... - r , , r-7-77-77/ / , / /, ,,„:„. , , .ty„ 6 4 7° 1 ' 1 k 6 :.,rrrit0 —,e,L‘'3 ' fi iI LI @ C 'I 'g 8 `/ ilei TWg P� 1/1 10— %1— a a H it, Ili ani 1 i f 1.� 1 1 AA m ym> c K. €� i i I I m i a ig I / ? 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Z i11 ' a �J g lin W v m - • ex!gg orig g; J 1 - I. 5 9 ! 1 a 2211§1 1011 g4gil w gra 1 ; z p Ig �� t WW1 - O r• N t1 € g/ eg . 01 igg gg g $ n .ill g4g 4_4 a o E Sia €p �eos t = )=C1C C ce O � a % v � a o 0 \ \ .a,.m.,�. \ \ W \ !is \\ \\ ' as- \¢ fga \ g \ o gg il *a O . adsR 1 1- IllitI ti ih t�Y'ltelit ml] W 8 i \ , e \ \ H 1 0 } :„¢ z p 141 ": 1417 1 dDOE b i. 3 ie !1:11 °'” 1 m :I f� g:: 11 gpir g ,;11 F 44$4, ' 1°-'�'' as _ gg r441 1 ;NI 10;1111 W i1 seg Ri s P: W' ..: . a E \\ ££ gig " I< ej A ¢f r &'#F 4d_� a 6 oy :' P 3 is .4. O 1 rn ,.. \ um o asp w a 4 \El o ag$g z MI_ w€ gg b m g `e 1 g I °i AGENDA ITEM 4-B t Co(tieT County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: OCTOBER 27, 2016 SUBJECT: PETITION VA-PL20160001181, 342 TRADE WINDS AVENUE PROPERTY OWNER/AGENT: Owner: Roxanne Stone-Jeske Agent: Jason Jenks Nancy D. Koeper Jenks Builders, Inc. 342 Tradewinds Avenue 7600 Alico Road 12-2 Naples, FL 34103 Fort Myers, FL 33912 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for a Variance from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck and stairs on a waterfront lot within the Residential Single-Family (RSF-3) zoning district. See location map on page 2. GEOGRAPHIC LOCATION: The subject property is located on Lot 11, Block M of the Conners Vanderbilt Beach Estates Unit 2 subdivision, on the south side of Trade Winds Avenue, approximately 1000 feet west of Vanderbilt Drive in Section 29, Township 48 South, Range 25 East, Collier County,Florida. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a reduction from the Collier County Land Development Code (LDC), Section 4.02.03.A.Table 4 stating that the minimum swimming pool and/or screen enclosure accessory setback for waterfront lots is 20 feet when the swimming pool deck exceeds 4 feet in height above the top of seawall. The seawall on this property is 3.31 feet with a pool deck that is 9.67 feet. Thus, the pool deck is 6.36 feet above the seawall, which is 2.36 feet above what is permitted by the LDC. VA-PL20160001181. 342 Trade Winds Variance Page 1 of 7 ® ® ® ® ; 4 i • • ® ® !® G Y' .� Y x! E 1 IIif 1111 i , , ____ t I . . .,: , . v. k ,-Aill rAii ,_, . , „ 4. ; _� _ 0) _ _ W - voi lai wi �WWI 2 Immi O 0016 . _ ..„ _____ ___\)_____,_ ,,,, W 7.:i111.4 et N CO 0 "ea 101 en -WI 1- cc IIIII Wel -lea 111011— NM i N 1.6.6 1 „it, ZL co- 02).r N Y E 3 Z 00 4C O 0 X :.=.. is U a a zia llgepuen a)aa Co CO i 2 ag.o 0 U y O w Gulf Sh°re DRCC _J cr col () o 5 iu IT, aXc0 co O. a a Z a) E U O a k epI1seI GA spu JL S eouepisea woisnoY I +IWOj1 O 31 w.w..Al�Y1'I.+n�V�NY�X�r +n rM�r.141�.11�nrsa/mI,4X1+wIw���1.+�..SM�X.XrM Y.MM�rr�r .w� ���r,4�41x - - --...-- ; �urc TRADEWINDS AVE Z s QHH 3 ffioc8i C. rTi 1 IVO RPu " y � �4y N C 41 i i xay ;O2 H • T 0 b 0[ • r 1010 1 W E El � II 11 j fl 1 W G• O F 1 k I 11 OF lir ill F f - I / - 1 $ R lI Pm. i I 'r' I 11 ■ T 1 1 1 1 1 ______ „__ __ 1 it4• , A 1 it _____ i , EL- g WW 3i111 . CANAL The applicant states that the pool and deck plans submitted to Collier County ("County") contained the pool deck elevation of 9.67 feet. The County issued a pool permit, PRBD2016010076701, with a rear accessory setback of 10 feet versus the required 20 feet. The applicant built the swimming pool, spa, and pool deck utilizing the 10-foot accessory setback requirements erroneously provided on the building permit rather than the required 20 feet accessory setback requirement. The pool deck encroaches 9.83 feet into the 20-foot setback. According to the permit building plans. the applicant built the stairs 3.5 feet into the erroneously provided 10-foot setback, Per LDC 4.02.01.D.7 stairways shall not protrude over 3 feet into a required front, side or rear yard of a single family dwelling; the stairs were approved at the 3.5- foot encroachment. Please note that the building permits, for both home (PRBD20150617253) and the pool, were permitted with inclusion of the stairs—as depicted on the survey on the proceeding page. The permitted pool and deck are located in the Residential Single-family District (RSF-3); the rear yard swimming pool and/or screen enclosure (one- and two-family) accessory setback for waterfront lots is 10 feet unless the swimming pool deck exceeds 4 feet in height above the top of the seawall; creating a required setback of 20 feet. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Vacant Lot with building permit for new home, zoned RSF-3 North: Single-family residential development, zoned RSF-3 East: Single-family residential development, zoned RSF-3 South: Canal and then single-family residential development, zoned RSF-3 West: Single-family residential development, zoned RSF-3 r I - _ L. f.` - T—w rt a+OP O jorig Q,„i .. i ,^"'' , 1 Tr,.W M.►11[ i J `< A lit r •/ • Nbt . 1 ii 1 x irl . 1.1114 NO ,l 1., , Aerial photo taken from Collier Count Property Appraiser website VA-PL20160001181, 342 Trade Winds Variance Page 4 of 7 GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Urban Mixed Use District land use classification on the County's Future Land Use Map (FLUM). The purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned facilities are concentrated. The Growth Management Plan(GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. 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. Per the applicant, the pool shell, retaining wall and stairs are constructed. The applicant commenced construction under building permit, PRBD2015092870601, with an incorrectly cited rear accessory pool setback of 10 feet versus the required 20 feet. The applicant abided by the incorrectly cited rear accessory 10-foot pool setback for the swimming pool, spa, and pool deck. The stairs off the pool deck do encroach 3.5 feet into the erroneously provided 10-foot setback; however they were permitted with the swimming pool, spa,and pool deck. 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 applicant applied and received a pool permit from the County citing an incorrect rear accessory pool setback. The applicant proceeded, and followed, with provided setbacks unaware of any violations. Due to this error, the subject structure is currently encroaching 6.55; more specifically, the pool, spa, pool deck encroach 9.83 feet, resulting in a 10.17 rear yard setback, and the stairs encroach 13.45 feet, resulting in a 6.55-foot encroachment. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. Per the applicant, the pool is already constructed and to abide by the required accessory 20-foot setback would require the applicant to remove the existing pool and replace it at an estimated expense of $50,000. The applicant relied on the erroneously issued pool permit with a 10-foot rear accessory setback in constructing the existing pool structure. 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? VA-PL20160001181,342 Trade Winds Variance Page 5 of 7 Yes. The applicant is only seeking the minimum variance which will allow the pool deck, pool, spa,and stairs to remain. 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. The applicant will be able to retain a decreased accessory rear yard setback for a pool deck that exceed 4 feet in height above the seawall. However, it should be noted that the applicant relied on the County issued permit which cited incorrectly the accessory rear swimming pool and/or screen enclosure setback. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Staff is of the opinion that the proposed Variance would legitimize the existence of the pool and pool deck that are currently under construction. 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. The applicant states that variations in seawall height in this location do not create a uniform height for all houses and therefore create different pool deck height requirements over 4 feet of the seawall. 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. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on October 3,2016. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA-PL- 20160001181, 342 Trade Winds Avenue Variance. ATTACHMENTS: 1. Attachment A:Application VA-PL20160001181,342 Trade Winds Variance Page 6 of 7 PREPARED BY: RACHEL BEASLE , PLA ER DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: eY/ v /0 3 RAYMO kici V. BELLOWS, ZONING MANAGER DAT ZONING aIVISION-ZONING SERVICES SECTION MICHAEL BOSI, A CP, DIRECTOR DATE ZONING DIVISON VA-PL20160001181 342 Trade Winds Variance Page 7 of 7 COW& County16 0 0 0118 1 REV 1 Pt 20 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 • Pre-Application Meeting Notes • Petition Type: \JA . C s ,'_ _ Date and Time: I'f 5 �< 11$ 0 • Assigned Planner: lae�.c,�, et.-3 Lei Engineering Manager (for PPL's and FP's): V� Project Information fj Project Name: 314 2.. 'Trad " chi Ave,. 'Uax,. PL#: 2.,0Ke 00o tt' i Property ID#: G 1 5\15-2, 0 0@ honing: K.S F 3 Project Address: ..*Frey 130..v.« '' �» City: $) State: FL Zip: Applicant: )414A7%" ": • Agent Name: .td�t5 � Phone:CJ) 231 •-• 4 1 —I-24 e1 Agent/Firm Address: U 1(v 00 Go - 12"City: �•�• State:? _Zip:n 3'132,, Property Owner cyc 3 Please provide the following, if applicable: i. Total Acreage: . • Z ii. Proposed #of Residential Units: f1/4)/ iii. Proposed Commercial Square Footage: fifer iv. For Amendments,indicate the original petition number: N v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: Alf/'I~ vi. If the project is within a Plat, provide the name and AR#/PL#: /N/ • Attachment A Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 • Pre-Application Meeting Sign-In Sheet PL it:20150001611 1 Collier County Contact Information: Name Review Discipline Phone Email ❑ Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch,P.E. Transportation Planning 252-2361. StephenBaluch@colliergov.net , ❑ Laurie Beard _ Transportation Pathways 252-5782 Lauriebeard@colliergov.net K Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing _ 252-5543 georgecascio@collie$ov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net • ❑ Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson,AICP,CFM Zoning Services _ 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 5tefanieNawrocki@colliergov.net ❑ Mariam Ocheltree Graphics 252 2315 mariamocheltree@colliergov.net • ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 ❑ 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 ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net El Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net 10 Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net El Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davldweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkle@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net • Additional Attendee Contact Information: Name Representing Phone Email • colter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 I Meeting Notes I 1 10 Zcvo.4 V.S c-3 --n M,; n imAii,r,. oa. -� ►- c--1- ) 1- ,1 Coil 1 -t, p►CCe550‘y ,Waw Aro - aak , 1-,�S k +" J f�,�' 10 Exc�T 20 tet.... . 2544. Li ,-i, .S atrovt.Q. +-try 4 P242,,,woLA-Q. rsr i-e"p 4 N!).swie-, 4ro., • rn v.d.A to-{. ll° a c 643.. tis eA • lQ.sz.. ova cI^ v one. , .. DI Q III 1 i b+M `h 5 ' ` c a . 1.,,A,..) 'Tsai L.SPa i p v c. f#*. ) ir e G e eke 1 BeasleyRachel ..A4 a 4kiN¢,c. Oubject: PL20160001181(VARIANCE) ocation: CONF ROOM"C" ei-- 4 Start: Wed 6/15/2016 1:30 PM End: Wed 6/15/2016 2:30 PM Recurrence: (none) Meeting Status: Accepted Organizer; CDS-C Required Attendees: AhmadVicky; AlcornChris; Amy Lockhart-Taylor(Iockha@collierschools.com); AndersonRichard;AnthonyDavid; AmoldMichelle; AshtonHeidi; AuclairClaudine; BaluchStephen; Beard Laurie; BeasleyRachel; BrethauerPaula; BrownAraqueSummer; BurtchinMark; CascioGeorge; CondominaDanny; CrowleyMichaelle; David Ogilvie; dfey@northcollierfire.com; FaulknerSue; FeyEric; FleishmanPaula; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia; JacobLisa;jnageond@sfwmd.gov; JohnsonEric; KendallMarcia; KurtzGerald; Larry.Alewine@stantec.com; LenbergerSteve; LevyMichael; Imartin@sfwmd.gov; LouviereGarrett; MartinezOscar; MastrobertoThomas; McCaughtryMary; McKennaJack; McKuenElly; McLeanMatthew; MoscaMichele; MoxamAnnis; NawrockiStefanie; PajerCraig; PancakeBill; PattersonAmy; Pepin Emily; pjimenez@sfwmd.gov; ReischlFred; Rosenblum Brett; SantabarbaraGino; SawyerMichael; ScottChris; Shar Hingson; ShawinskyPeter; Shawn Hanson; SheaBarbara; Smith Daniel; SmithNatalle; StoneScott; StrainMark; SuleckiAlexandra; SweetChad; Templeton Mark; VanLengenKris; WalshJonathan;WeeksDavid; WilloughbyChristine; jason@jenksbuildersinc.com .104a--RaclielBeasleY m = > at-� ±tld lesrVi e .,M 4°S y,a.g r e tp / • E '�" , 9s 'r`' } ,i'�'(.�,+ -" ut 'i WO,As •14`15-' 1• 'A u,,-u'm�' • I7'*.J• "c K "„ ' i V-1v , v' .`' '4, 4 A .. 0.t road. 0rov.,:.�%.a -..14. �'31 — I 'a"P-- c�� a.i"P '' 7"., ry ' 4 w • .. 4., r. �. . '� e # , / 1 i.., ! ice'. r ' tib•, P . 1 _ e 0. 4:. e ti r' " � i '' : >' fi ,:� " r'" sA, i � � ' •. " . v L .1 ' f t +t..A'. r a tm ..,. ...," .` 'TN " ." "i'!4 torsi• .. iI,- ... Z.)"n eas :r....Ittm17.-"""t."°'^. -4'..°.17. 0,...7711 1 County Co er COLUER 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 i. 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. NOT REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED REQUIRED Completed Application(download current form from County website) la S1:1 Pre-Application Meeting Notes 1 El Project Narrative ® 0 Completed Addressing Checklist r1 Conceptual Site Plan 24"x 36"and one 8 A"x 11"copy .lig El Survey of property showing the encroachment(measured in feet) 2 ❑ _Affidavit of Authorization,signed and notarized 2 E El Deeds/Legal's 3 12 El Location map 1 ® ❑ • Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated, FLUCFCS Codes with legend 5 El ❑ Included on aerial 1 0 _Historical Survey or waiver request Environmental Data Requirements or exempIA tion justification 3 0 0 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 N 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 requirrned.. Com ...) t44‘ -4^:)61-10- Zersi c44.19.), - • b sotor,,a ctis) Ir-t III 6/4/2014 Page 5 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 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 [] Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre Application ❑ Immokalee Water/Sewer District: Meeting Sign-In Sheet ❑ Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS ❑ Pre-Application Meeting:$500.00 • CJ Variance Petition: o Residenti• -$2,000.00 o Non-Residentia- ,000.00 o 5th and Subsequent Review-20%of original fee 00 El Estimated Legal Advertising Fee for the Office of the Hearing Examiner: 925.00 Z 0 After The Fact Zoning/Land Use Petitions:2x the normal petition fee 0 Lis • - _ • ,...... All checks payable to: Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Date Printed Name 410 6/4/2014 Page 6 of 6 Co ev county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierxov.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 p1. 2016 0 a 0 1 16 1 REV 2 APPLICANT CONTACT INFORMATION Name of Applicant(s): Roxanne Stone-Jeske and Nancy Koeper Address: 342 Tradewinds Ave City, Naples State: FI ZIP: 34103 Telephone: 239-450-5210 Cell: 239450-1930 Fax: E-Mail Address: NYCGIRL1459@AOL.COM • Name of Agent: Jason Jenks Firm: Jenks Builders Inc Address: 7600 Alico Rd 12-2 City: Fort Myers State: Fl ZIP: 33902 Telephone: 239481-1219 Cell: 239-565-3571 Fax: 239-481-8004 E-Mail Address: Jason@JenksBuilderslnc.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 9r9Y • 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: 27585200007 Section/Township/Range: 29 /48 /25 Subdivision: Conner's Vanderbilt Beach Est Unit: 2 Lot: 11 Block: M Lot" Lin13Ck ?.V.M.1MEB..pnE.1 u—"e npl.l bppk3p.p.11018 pubk rcco,E.on. 21 Metes & Bounds Description: Total Acreage: Address/ General Location of Subject Property: 342 Trade Winds Vanderbilt Beach area ADJACENT ZONING AND LAND USE Zoning Land Use N Residential RSF-3 • S Residential RSF-3 E Residential RSF-3 W Residential RSF-3 Minimum Yard Requirements for Subject Property: Front: 30' Corner Lot: Yes n No n Side: 7.5' Waterfront Lot: Yes ■ No Rear: 25' 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 r County Coe 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: 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. • 4 14 Page 3of6 6/ /20 r County Coe • 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? Yes # No If yes, please provide copies. • 6/4/2014 Page 4 of 6 -,t Co er County COLLIER COUNTY GOVERNMENT Z800 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) El 0 ❑ Pre-Application Meeting Notes 1 [] 0 Project Narrative 0 ❑ Completed Addressing Checklist 1 El 0 Conceptual Site Plan 24"x 36"and one 8''/x"x 11"copy Q ❑ ❑ Survey of property showing the encroachment(measured in feet) 2 ❑ ❑ Affidavit of Authorization,signed and notarized 2 [] Deeds/Legal's 3 ❑ 0 Location map 1 "❑ ❑ Current aerial photographs(available from Property Appraiser)with . project boundary and,if vegetated,FLUCFCS Codes with legend S ❑ ❑ included on aerial Historical Survey or waiver request 1 0 Ell Environmental Data Requirements or exemption justification 3 ❑ 0 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 [] 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 required. • 6/4/2014 Page 5 of 6 Co er County COLLIER COUNTY GOVERNMENT Z800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.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 ❑ Addressing:Annis Moxam ❑ Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre Application ❑ Immokalee Water/Sewer District: Meeting Sign-In Sheet ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management: Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen FEE REQUIREMENTS ❑ Pre-Application Meeting:$500.00 • ❑ Variance Petition: o 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 ❑ Listed Species Survey(if EIS is not required):$1,000.00 All checks poyoble to: Boord of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center '� 2800 North Horseshoe Drive Naples, FL 34104 �. 08/22/16 plicant Sig ure Date Jason Jenks Printed Name 1111 6/4/2014 Page 6 of 6 Page 1 of 1 1 -- T,' . „ L • . —,- ,-, , 5. ,. - - ...., ..;1-III:, ' ist;g5-4" ; ,_,----4----- -, , , _,, ,-• - : .,,,,,%•:,g--,-1, ,7„.„- -, --,, , at , „ . 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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. AU 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. wen authorize Jason Jenks/Jenks Builders, 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 tated In it are t e. 4.4o1 '_ e- /9024/0 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The fo�r oing instrument wa ,sworn to (or affirmed)and subscribed before me o ...2e)/4 e)by c' 'f.- (name,..of plarson providin ath or a ation), as who is personally known tp"me owho has produced (type of identification) as identification. ,' -ft rx STAMP/SEAL . ' ignature of Notary Public SHONDA A.EN4 liff } .. MY COMMISSION ISSION f FF034966 � Y EXPIRES:July 9,2017 4`4-, kamdsd Thro Noisy Pntdc 1kdwerim CP\08-COA-80I 15\155 REV 3124/14 AFFIDAVIT OF AUTHORIZATION OR PETITION NUMBERS(S) 4n.Gr1r)@. 'i3if,fleiTe ,ke crtc'N 111, I, (")c-, e• !! •p."r (print name), as C w rt e C S (title, if applicable) of, (company, If a licable), swear or affirm under oath, that I am the (choose one)owner ...!tapplicantE'lcontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on i the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5, Well authorize Jason Jenks/Jenks Builders, 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 true. /1 p,,1 -0..7e2-c. .. 6e- /q -/„4 u Date ...0 ::;- -74-r'' C- -rr .,XI , its` / e' /9-,.3241/&; 4 STATE OF FLORIDA COUNTY OF COLLIER The foregol,,instrument w sworn to (or affirmed) and subscribe. before me on , 4-21.9(4%)/ by L„, "_ 7.t ".© ,eo,,,- ..,C '"4.t,..;4 i..�.f -✓e•-• Bia = of •- son providin ath or affirmation), as who is personally known t• m- •r who has produ (type of identification) as identification. .f ' ,' A .0 t 4 i ,n-s---- STAMPISEAL /S,ig ature of Notary •ublic •` MY C01111991094FF030256 t II CP\O$-COA..00I t S 155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) ( • I, ! 1 c ,r, c�!/ 1 Q e�J P r"" (print name), as 0 'U e C (title, if applicable) of (company, fra Iicable), swear or affirm under oath, that I am the (choose one) owned 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 ,lacnn Jenks/Jenks Builders, Irl' 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 true. --�t l„, 16 --- )9 - (' nature Date STATE OF FLORIDA COUNTY OF COLLIER ^ Th regoing instrun1pnt,sworn to ( affirmed)and subscribed before me on l? /� )by �.4� ✓,a/P di✓ �f./" (name of person providior affirmation), as who is personally known tY 7 or who has producp4 — (type of identification) as identification. C ti STAMP/SEAL gnature of Notary Public fej t CP108-COA-001 151 155 REV 3/24/14 INSTR 5209385 OR 5226 PG 989 RECORDED 12/22/2015 10:36 AM PAGES 2 DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $18.50 • THIS INSTRUMENT PREPARED WITHOUT OPINION OF TITLE BY AND RETURN TO: Kest A.Skrivan,Esq. law Offices of Kent Skrwan,PL I_C 1421 Pox Ridge Road,Suite 120 Naples,Florida 34109 Property Appraisers Parcel Identification(Folio)Number 27585200007 Consideration: $10.00 SPACE ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED • THIS WARRANTY DEED, made as of the .11i• ii A., 015 by Roxanne B. Stone-Jeske, individually as a single woman,and as Tr ll 109 • Stone-Jeske Trust dated August 10,2005, whose post office address is 531 Turtle , 'ap PlfZI, herein called the grantor,to Roxanne B. a � Stone-Jeske and Nancy D.Koeper, rants with full righ ,f ivorship,whose post office address is 531 Turtle Hatch Lane,Naples,FL 411 ' ereinafter called the grant s: (Wherever used herein the terms ". an "and n •• 'include all the ',rti• to this instrument and the heirs, legal representatives and assigns ind ' " T' T o corporations) WITNESSETH:That the: ;� � �� din � � oft "•�� . �E AND 00/100'S($10.00)Dollars and other valuable considerations, �t whereof are hereby a $ owl •g • eby grants, bargains,sells, aliens, remises, releases,conveys and confi, •to the grantees all th.•!. a' I t dUs uate in COLLIER County,State of Florida,viz.: Lot 11,Block M,CONNER'S VAND i ATES, Unit 2,according to the plat �B� thereof recorded in Plat Book 3,Page 17,Pu' • •ords of Collier County,Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2015 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND,the grantor hereby covenants with said grantees that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2014. • *** OR 5ZZ6 PG 990 *** I 1110 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of 'Ae_11,11,Pli ZJ4 Witness#1 Signature Roxanne B. Stone-Jeske, individu and as Trustee of the Roxanne B. Ston ke Trust LeE A1.►,::.> S,__E w5 dated August t0,2005 Witness#1 Printed Name ` !loess#2 Signature J e�an v\�t C-.Q---- Witness#2 Printed Name �v- ' COU T 65\-) Q 1"� STATE OF FLORIDA COUNTY OF e0#1.4r— . The foregoing instrument was ack owl.*• . ? '1a,�LL•, 0 ,2015 by Roxanne B.Stone-Jeske, individually and •s ee o t ii-ai.., TrustdatedAugust 10,2005,who is personally known to me or hasp •• ,V4 psi entification. • SEAL ��' IIIPP. s .4. ._�. i • Public �-T COO rt ft (-c-n /�(ovc t I, CI Printed Notary Name My Commission Expires: $ia3 II lv - - ,QIP -% DAWN EILEEN HARDEE .1�+ ) *or,hallo-State of Florida I • is"• My Comm Expires Aug 23.2016 ..na,, Commission•EE 829561 ` 2 Co ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 • www.colliergov.net (239)252-2400 FAX (239)252.5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@coltlergov.net or 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 oat-sonnet prior to ore-application meeting.please allow 3 days for processing. Not ail 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) ❑ 8L(Blasting Permit) 0 SDP(Site Development Plan) ❑ BD(Boat Dock Extension) 0 SDPA(SDP Amendment) ❑ Camivat/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) • EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unpiatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) Lila VA(Variance) C] PSP(Preliminary Subdivision Plat) VRP(Vegetation Removal Permit) ❑ PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER • LEGAL DESCRIPTIONof lengthy of subject property or properties (copy description p may be attached) o n Y- e c> ,nA e c\t) CICAA EST- FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) STREET ADDRESS or ADDRESSES(as applicable,if already assigned) Sym f‘c� � �,+ .� � �t,e • 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 unpiatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# 1111 Co ter Comity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; Indicate whether proposed or existing) Please Return Approved Checklist By: j2' Email 0 Fax ❑ Personally picked up Applicant Name: A 5 0 n e rk. Phone:a3�j-�( 5"35 7f Email/Fax: Q�a �Te�.kS\f, Lk:.Olet,,5 he �CO� 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 Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: rr. _ _ ':% Date: us. ; -. ► `. + Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE 4110 UPDATED OR NEW FORM SUBMITTED August 22,2016 Collier County Government Growth Management Division S 2800 North Horseshoe Drive Naples, FL 34104 Jenks Builders, Inc. Jason Jenks 7600 Alico Road 12-2 Ft. Myers, FL 33912 Dear Growth Management Division, 1) I am the general contractor building the residence related to this variance request. When I submitted my plans for preapproval the pool deck elevations were as they are now,and the plans were approved. I have already begun construction of the house and the pool deck stem wall has been poured and the pool shell has been shot. Due to the limited side setbacks the pool deck stem wall and pool shell had to be in place before the house foundation was constructed. After this work was inspected and completed,code enforcement was contacted by a neighbor and the encroachment was brought to our attention. The current regulations state that a pool deck must not be more than 4' above the seawall. Here, the seawall is at 3.31' NAVD and 4' above that would be 7.31" NAVD. Our pool deck is currently at 9.67' NAVD, and that makes it 2.33' above what is required by code. I am requesting that the rear setback be changed from 20' TO 6.55'. • 2) I am requesting a variance allowing the pool deck which is more than 4' above the seawall to reduce the minimum setback from 20' to 6.55'. 3) a. Yes, pool shell, retaining wall and stairs are in place. The cost to remove and build back 2'5" lower would be an estimated$50,000.00. Plans for this project showing pool and height of pool deck were approved by the county. b. Yes, pool deck stemwall and pool are in place. All required inspections for retaining wall and pool shell were scheduled and passed. Including pilings and piling cap inspections. c. Yes, to strictly comply with code the entire pool shell and potation of the retaining wall, would have to be removed and reconstructed. d. Yes, all that will be added to the pool deck will be railing per code. e. No, this variance will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings or structures in the some zoning district. August 22,2016 f. Yes, if granted this variance it will 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. Yes, there are other seawalls with varying heights, and therefore the 4' above seawall regulation is not a uniform height for all houses. h. Yes, granting this variance will be consistent with the growth management plan. TilanIa You; Jason Jenks 111, 40 N any spw 'saii ...MN]/1,11/4.10 m pod, UP P013 d ZbE a "' aouepisau wo}sn3 d foo K LL U E3 W K TRADEWINDS AVE Z 1 ° 2,,i P bOW3 iDD1fl! hgO N N H wro a ,(s g m n r u n n 15 i i W a. i i O= O c. 7 INS '. v WW 5'1 i. O l•'I'""."I 1 I I li SF. - • IL•rI. 3 Lill UN Ig�3 lijiliAlifil0 qq - 111 g� II 1 ll g ii I__ •1 ...r._ • .. i 11. 1. II .1 , .,s 1 . 10. • 'm la I • ; „________________..in, 1 : ,.. ,._ , CANAL BeasleyRachel From: jason@jenksbuildersinc.com Went: Friday, August 26, 2016 11:39 AM o: BeasleyRachel Subject: RE: 342 Tradewinds Variance Rachel Steps are 3.5' wide as per plan. They are under construction and not complete. Estimated cost of$3000.00 to have them down sized.That is something we would consider if it helps. Thanks Jason Jenks Jenks Builders Inc 7600 Alico Rd.Ste. 12 PMB#2 Fort Myers Fl 33912 off 239-481-1219 fax 239-481-8004 cell 239-565-3571 From: BeasleyRachel [mailto:RachelBeaslevCacolliergov.net] Sent: Friday, August 26, 2016 8:18 AM Oro: Jason Jenks Subject: 342 Tradewinds Variance Good morning Jason, Got your resubmittal and had one question that stood out at first glance: what are the width of the stairs there in the back? I'm assuming they're wider than 3 feet since you measured from the stairs? I ask because if they are under this width the measurement can be taken from the pool.Thanks and let me know if you have any questions. Please keep in mind that there are other reviewers on this and I'm preemptively sending this question as I review. Best, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department- Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 r Cor+snty der 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 ectronic mail to this entity.Instead,contact this office by telephone or in writing. 1 l B. S. BOUNDARY SURVEY OF LOT 11,BLOCK 1.7',UNIT No.2,CONNER'S VANDERBILT BEACH ESTATES,AS RECORDED IN PLAT BOOK 3,PAGE 17.OF THE PUBLIC RECOROS OF COLLIER COUNTY.FLORIDA. • SUBJECT TO EASEMENTS.RESTRICTIONS ANO RESERVATIONS OF RECORO. TBM215'(8) 1215.12'(M) 0 1 rJcNk D1 'FEIN 7667` 1 O. O -0.vW.,wvD TLEV�0226 t1 Fo.NaL,N1f ( TRADE WINDS AVE. • ( ^Ct^--- �— 760'(8) 760.07'(6) -Z ' w FD.PII NIA IN NMi. •• 1 CYTNOL6,0.06'W. 'LFD.NAIL SIFT ' WOE OF PVMT IN MIT.GUY MOLE I O T M 0 0 1,1 1 12•R,G.P.- 1p 596.04'10"W 75.00'(R) 75.01'(L) pFN .0.P. • 1,. • FIRAS"POM.... 0 W FIR•90T2'S.,0.29'E. I PFM 5y7 •2" 0 661'47,t�A)'0/ 4'N,RU6 OUT m N N CT O O 161 T i0 M • 0 Z I Q & 765 24.0' m �, 14.0. 765' o I > P OF r9.0' r�.6 • V tl 42 TRARE WINDS AVE. BLOC K M CB.S.LIOUSE (ander cnnsl.l w FIN. FLOOR tLEV. +10.4 n 0 us b in u 20.6' N to in2.05', .5, o in Aye 7 w 15A' El u1•• 49 6 06' 65 w Ip .a. • • I I0 SET DRILLHOLE4'HI611 ' IN TOP OF t.STAWALL 59.7 MDD FLAY(At.+0651 766'„W.6.21RAIN1N6 WALL ALUM.FENEE 11 (0 dor or"F 5. � iN ' LAE'WIDE LONG SEAWALL CAP I • 568'04'10"W 75.00'(R') 75.01 (AU v 561 DRILLHOLE IN TOP 17 6OHL.SEAWALL Ian v kW ELSV.+03.32 4 W ATER W AY SCALE:1'-20' .c,,.P06A1BR mem L�Part 6FM010S RASED ON:6 MIR WINDS ME.AS 866'6'10'W FEE REGLAD fig 9.5 15 0615025 CO10-52 VAG4N7'/MAYO SLAV,CRN.-r,,eqe�rAlpoJrt p,EYAT10N6 BASED ON:NAYD 190E(0616.ON FL PAIR COL 29 1000 SUM) GATE ORDER F ELD BOOK REVISIONS q.IOW(NMI LOCATED IN FLOOD ZONE AE(10') 5.19 16 0516015 CO/0.52 FOUNDATION/ELS/64E7.44:w .4. PER FJ.R.N.DATED.5•16.204; 120210 0169 LI CERTIFICATE `~).NYL 0 •1I1.0.01910 ..TR'."0,�,,yy„ N wrr641 9,0 nMnO. WOO 01O011D ; o„ �, 0! b10 F,,,� y2 M ONLY ORASW® nokmos,r A,.ea.F CO 1!.4:0.0.7!.11052 FL 9SWA700 M,$ 060 OMR FW00.n1 M A,Nbn+72021 P6,1W OMNI SURVEYS,INC. A'"'R 1 k.**. ""' 9NL t** , .' 0ny N.19:"ff' EMBOSSED i( i)t YI. -Fi. �t ..ornre.n/tRl..1w+M:=Pre �Je,n N FwsMnn.� EAL NI ....4 ' • ( LB 6554 IQ__ .,,may,..,,. PW[ TOO(S!1 639-5667166 1�FI-_ 4f... S /!(d�� 1116 4366 19-TON COURT FORT PL 33007 .K..,g,.: "..0661) R.IY N.6Y0N60n h16-!11620 04 poc� O \bd ���� � COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT • PERMIT it: PRBD2015092870601 PERMIT TYPE: BD JSSUED. APPLIED DATE;09-08-15 APPROL j)ATE;11-13-15 MASTER i#; COA: JOB ADDRESS; 342 Trade Winds AVE JOB DESCRIPTION CONSTRUCT NEW HOME(DEMO PRBD20150617253) JOB PHONE; 342 TRADEWINDS AVE LOT 1 l 4bed/5.5bath tin SUBDIVISION Ot: LILOCK. LQL FLOOD MAP: LONE: ELEVATION; FOLIO if- 27585200007 SECTION-IQWNSHIPRANGE:29.48-25 QWNER INFORMATION• CONTRACTOR INFORMATION: STONE-JESKE TR,ROXANNE B ROXANNE B JENKS BUILDERS,INC. STONE-JESKE TRUST UTD 8/10/05 7600 ALICO RD b I2 PMB 2 531 TURTLE HATCH LN FORT MYERS,FL 33912- NAPLES ,FL 34103- CERTIFICATE it;aunt PHONE• FCC CODE; CONSTRUCTION CODE: 0218 JOB VALUE, $1,100,000.00 TOTAL RES SOFT; 6449 TOTAL COMM SOFT 0 SETBACKS FRONT; 30' REAR: 25'Principal/10'accessory UFT: 7,5' ►LIGHT- 7.5' WATER Existing SEWER; Sewer CONTACT NAME' CONTACT PHONE; Per Collier County Ordinance No.2002-01,as it may be amended,ell work must comply with all applicable Lams,nodes,oriinantxs,and any additional • stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commermed within six(6)months from the date of issuance of the permit Additional fees Mr failing to obtain permits prior to the commencement of construction may be imposed. pennittce(s)further understands that any contractor that may be employed must be a licensed contractor end that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE SUBMIT A THE INTENDED WORK TO THE STATE DEP RTMENT OF ENVIRONMENTAL PROTECTION(DEP ).FOR MORE NOTICE OF INFORMATION,CONTACT DEP AT(239)344-3600. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,nod there may be additional permits required from other governmental entities such as water management districts,state agencies.or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF • COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT#: PRBD2016010076701 PERMIT TYPE: PL • ISSUED: BY: APPLIED DATE: 01-12-16 APPROVAL DATE: 01-27-16 MASTER#: COA: JOB ADDRESS: 342 Trade Winds AVE JOB DESCRIPTION: CONSTRUCTION OF 387 SQ FT IN-GROUND POOL& JOB PHONE: 5'8" X 5'8"ZERO EDGE SPA,3 HP VS PUMP- ALARMS(PRBD20150928706) 342 TRADEWINDS AVE LOT 11 SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 27585200007 SECTION-TOWNSHIP-RANGE:29-48-25 OWNER INFORMATION: CONTRACTOR INFORMATION: STONE-JESKE TR,ROXANNE B ROXANNE B MORRISON ALUMINUM CONSTRUCTION INC STONE-JESKE TRUST UTD 8/10/05 (DBA)MAC CUSTOM POOLS-ALUMINUM 531 TURTLE HATCH LN 1020 SE 12TH AVE NAPLES ,FL 34103- CAPE CORAL,FL 33990-- CERTIFICATE#::c332i8 PHONE: FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: $74,000.00 TOTAL RES SOFT: 0 TOTAL COMM SOFT: 0 • SETBACKS FRONT: 30' REAR: 10'Accessory LEFT: 7.5' RIGHT: 7.5' SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)344-5600. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENT TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WI YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.