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HEX Agenda 11/10/2016 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA NOVEMBER 10, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,NOVEMBER 10,2016 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: October 27,2016 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. BDE-PL20160000863 — Craig and Wendy Lyon request a 67 foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet,to accommodate a new boat dock facility with two vessels for the benefit of Lots 58 and 59, Isles of Capri Unit No. 1 subdivision, also described as 14 Hawk Street, in Section 14, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator, Ray Bellows, Zoning Manager) B. PETITION NO. ZLTR(CUD)-PL20160002442 — Global Properties of Naples, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of indoor air conditioned self- storage/mini-warehouse (SIC 4225) is comparable in nature to other permitted commercial principal uses in Tract MU, Mixed-Use Development, under Section I.B of the Vincentian Village MPUD, Ordinance No. 2015-33, as amended. The subject property is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50 South, Range 26 East, Collier County, Florida,consisting of±30.68 acres.(Coordinator,John Kelly,Planner) 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN AGENDA ITEM 4-A Co11er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION-ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: NOVEMBER 10, 2016 SUBJECT: BD-PL20160000863, 14 HAWK STREET BOAT DOCK EXTENSION PROPERTY APPLICANT/AGENT: Owner/ Craig W. Lyon Revocable Trust Agent: Kris W. Thoemke Applicant: Wendy R. Lyon Revocable Trust Coastal Engineering Consultants 14 Hawk Street 3106 S. Horseshoe Drive Naples, FL 34113 Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet, to accommodate a new boat dock facility with two vessels. GEOGRAPHIC LOCATION: The subject site is located at Lots 58 and 59, Isles of Capri Unit No. 1 subdivision, also described as 14 Hawk Street. in Section 14, Township 51 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is to a request a 67-foot boat dock extension beyond the maximum 20 feet for the subject lot. The boat dock facility will contain one boat lift and an additional boat slip to accommodate 2 total vessels. The proposed dock structure is 4 feet wide "L" shape that extends 87 feet. inclusive of boat, as measured from the property line. Due to the presence of seagrass and location within the Rookery Bay Aquatic Preserve, the area of the dock has been minimized and allowed to protrude to only the minus 4 foot Mean Low Water (MLW) contour. The total length of shoreline is 159.16 linear feet. Currently there are two existing docks; the applicant will be required to remove the existing docks. BD-PL20160000863 Page 1 of 8 K4 . 01b Q d ';fr ' ' ® ® ® ® ® _ AMod Sl4a04c1 tr1 0 'tel 0 CL fl ® o 0 o ro CU Y a ® V Pe O ) C N ---/ 8 < ® 0 0 M Wm O Co x F- Q v pp E ta D C 0 a n Cr r (u / ® 4 f. N71) 0- Z ii .Z o 0 c c p (.0 .4.r N N a 0_ o 0 N Bald Eagte DR co Q o CO o 2 a) c 7 C a O ....:_y, QDH F. _ n a Cg u0 .. 4. J 5 a.c a) E z ` o 0 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family house zoned RSF-4 SURROUNDING: North: Single-family house zoned RSF-4 and then Pompano Bay East: Single-family house zoned RSF-4 and then Capri Boulevard South: Single-family houses zoned RSF-3 and then Pelican Street West West: Pompano Bay I 1 " . ate, :iv prilett , 4 . .._ lir 4e .. A - ''' g f 1Plin Er' 3 w 11,,,..#4.-.4„.....A._ f,• ...1"""7"•""" .**--1"" M. - pia.11Y s ..- ._ ,,,__ . ,. ,. 444, __ 7 „m1. I Aerial of subject property(Collier County Appraiser) ENVIRONMENTAL EVALUATION: According to the environmental data provided with the application, a continuous bed of seagrass exist off the shore of the property. The dominant species is Halodule wrightii, the distribution of which is a mosaic of closely spaced patches of various sizes with densities ranging from zero to 90 percent. Density of Halodule wrighlii decreases water ward with small patches of Syringodium filiforme found in deeper water beyond the 4 foot (NAVD) contour(2.4 feet MLW), where seagrass coverage is less than 10 percent. Where a continuous bed of seagrass exists off site, provisions pursuant to GMP Conservation and Coastal Management Element (CCME) Policy 10.6.1 and LDC sections 5.03.06 J.3 & 4 apply (the applicable provisions in CCME Policy 10.6.1 mirroring that of the LDC). These provisions are as follows. LDC sections 5.03.06 1.3 & 4 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: BD-PL20160000863 Page 3 of 8 a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. The proposed project is also located within the Rookery Bay Aquatic Preserve which requires an additional set of State rules pursuant to Chapter 18-21 FAC. Specifically Aquatic Preserve rules do not allow docking facilities to extend past the minus 4 foot MLW contour. Due to the presence of seagrass and location within the Aquatic Preserve, the area of the dock has been minimized to be compliance with LDC Section 5.03.06.J.3 and allowed to protrude to only the minus 4 foot MLW contour. Only a portion of the boat is located over seagrass and that in an area with less than 10 percent coverage by seagrass. Use of a boatlift will further insure sufficient light reaching seagrasses in the area. Therefore it is staff's opinion that this petition complies with LDC Section 5.03.06.J.3 and The proposed dock is also located within a Special Treatment (ST) Overlay, which occurs over the waters around Isles of Capri. A Special Treatment permit will be required prior to approval of the building permit for the boat dock. STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria in LDC Section 5.03.03 H. In order for the HEX to approve this request, the office must find that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 H and recommends the following findings to the HEX: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) BD-PL20160000863 Page 4 of 8 Criterion met. The proposed dock facility is designed to accommodate two vessels, which is appropriate in relation to the 159.16 linear feet of water frontage of the subject lot. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. According to the petitioner's application, the water depth is approximately 2.4 feet in depth at MLW which is too shallow for a 48-foot boat to ingress and egress at MLW. Furthermore, the applicant states due to seagrass presence,the proposed location minimizes impacts. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the information submitted by the petitioner, the proposed facility will not adversely impact navigation due to the width of the waterway which is 670 feet shoreline to shoreline and 420 feet from the existing westerly boat dock across the waterway to the proposed boat dock; there is no marked/charted channel. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. Information provided in the application indicates that the proposed dock will protrude 87 feet into a waterway that is approximately 670 feet wide,from shoreline to shoreline, and approximately 420 feet from proposed boat dock to existing westerly boat dock across the waterway. The measurement 87 feet is 13 percent into a waterway that is 670 feet in width from shoreline to shoreline. The measurement 87 feet is 21 percent into the waterway that is 420 feet from the proposed boat dock to the existing westerly boat dock across the waterway. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. According to the applicant the proposed dock facility is designed so as not to interfere with neighboring docks. The northerly side of the proposed dock meets the minimum required 15-foot side setbacks. The southerly side of the BD-PL20160000863 Page 5 of 8 proposed dock meets the minimum required 7.5-foot side setback. The southern side setback is 7.5 feet because, per Section 5.03.06.E.7, it is considered at the end or side end of a canal or waterway and shall have a setback of 7.5 feet. Thus, the proposed boat dock meets the minimum required setback and would not interfere with the use of neighboring docks. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The subject shoreline contains seagrass beds. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. It is deemed that the proposed dock facility is not excessive decking and would allow reasonable, safe access to the vessels for loading/unloading and routine maintenance. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. As indicated on the application,the length of the combined vessels is 76 feet which is 48% of the property's linear waterfront footage of 159.16 linear feet. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed boat dock is within the required setbacks; the view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If a continuous bed of seagrass beds are present, compliance with subsection 5.03.06(J)(3) of the LDC must be demonstrated.) BD-PL20160000863 Page 6 of 8 Criterion not met. Seagrass is present in the project area. Environmental staff has noted the area of the dock has been minimized and allowed to protrude to only the minus 4 foot MLW contour. Only a portion of the boat is located over seagrass and that in an area with less than 10 percent coverage by seagrass. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a single-family lot with one slip and is not subject to the provisions of the Manatee Protection Plan. Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets four of the remaining five secondary criteria. APPEAL OF BOAT DOCK EXTENSION AND/OR BOATHOUSE TO BOARD OF COUNTY COMMISIONERS: As to any boat dock extension or boathouse petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW The Office of the County Attorney reviewed this Staff Report on 10/7/16. STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition BD-PL20160000863 with two stipulations: 1. The existing boat docks shall be removed prior to construction of proposed boat dock. 2. A Special Treatment permit will be required prior to issuance of a building permit. ATTACHMENTS: Attachment A: Application BD-PL20160000863 Page 7 of 8 PREPARED BY: / -ZSA — t — C RACHEL BEASLEY, PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMOND V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION APPROVED BY: - I LI MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION BD-PL20160000863 Page 8 of 8 C,rc�unty 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: 1?L. Zo1 to Q to a d Via 2 Date and Time: 1 f 1/1 to 5 - 4 Assigned Planner: 1241-Alt t Stots y Engineering Manager(for PPL's and FP's): Project Information Project Name: %y W k PL#: `S 7-3(4,22-10 000 'Lou* o 0o 143 Property ID#: Current Zoning: t.Sf" i'( L 1 STt1a✓(aA{ Project Address: 14 1r40►�\ `3 4*. City: 04144-. State: rt. Zip: 41i 3 �/ Applicant: C1rar►0 L yO`n Agent Name: 'C.r►S %0 eAreACt. ` Phone: 23c -643 -2324 166 ' Agent/Firm Address: 3104 S• �C CS QIity: PaltiA State.•F L Zip: C.1'445 W I. yo n ft t Trr 1r3 ern d "t Ir o n Property Owner: 1, 12408), Please provide the following,if applicable: I. Total Acreage: it $1%" ii. Proposed#of Residential Units: 4*')! iii. Proposed Commercial Square Footage: N� 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: NI let vi. If the project is within a Plat, provide the name and AR#/PL#: • N/ N Attachment A County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coilieraov.net (239)252-2400 Meeting Notes t pkt - £ Ja.:01Q. plu.M 4 t reg 'c tv ,A.l - P)t uA.c boo-k. S4' - 1,6 , oc tc. ts.e c.+oc .r to v"Jt _crl doc.J.4 1 c o/it' 1)4•4),..• S1 24 MAA aft • +u►4‘n i ..uvw 4 u S t 04-ry .3 �oc�t• j - s14Lw gal/ gad( is Of/ CatiRWM wi}-H S e4 r ��o f Ste)1 ' ow el( al(si#°% S. 0.7. UC 3-) PA Dt calk al: f,E1101163- si'Ak= .441 Slivw 19C1,14Y e S 1 1/659 S' GEIS 04/ SE/90-40/ OP A SiectiK 112k;11:41`,61 (57) 1E/2.fi i tvfe( 56- Xe?gE42 MIR t /1:ro1 -e trweiai i iJ • rcA PKCk. • Co r County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Appiicatlon Meeting Sign-in Sheet PL g +aeee+em" leCoti ,..O'0Ob 14,3 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 5tephenBaluch@colliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net 40T, Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 Marcus8erman@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@colliergov.net ' ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 `heidiashton@colliergov.net IIICl 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 i ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net I ❑ 5har 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 Cl Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 _ marciakendall@colliergov.net 'Mt Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.netj ❑ 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 j ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net { • El Brandy Otero Transit 252-5859 _ brandyotero@colliergov.net County COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.collierttov.net (239)252-2400 ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net Fred Reischl,AICP Zoning Services 2S2-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum,P.E. Utility Plan Review 2S2-290S brettrosenblum@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 2S2-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252.4312 .danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net $+ 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 ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-S518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 2S2-5748 _ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email �; &i5-111\0t1111/40- C,EC 69/-2-3-21‘ Moto/r eCk.ecr'< co h Cr.' L1e41 Cvs.3 Lxn, 2I3?/tIF Ccot.yo?cowc4 tT Aidr i SITE DEVELOPMENT REVIEW TYPES ARC-Alternative Architectural Design $ 150.00 ASV-Administrative Sign Variance $ 50.00 • AVA-Administrative Variance $ 140.00 CARN-Carnival/Circus Permit $ 100.00 CNST-Construction Plans $ 100.00 CSP-Conceptual Site Plan $ 75.00 CU-Conditional Use $ 150.00 CUE-Conditional Use Extension $ 50.00 DOA-Development Order Amendment $ 120.00 DRI-Development of Regional Impact $ 200.00 DRIA-Development Order Abandonment No Charge ICP-Insubstantial Change to Construction Plan $ 100.00 LDCA-Land Development Code Amendment $ 150.00 MUP-Mixed Use Project $ 200.00 MUPD-Mixed Use Project Deviation $ 150.00 NPSP-Neighborhood Park Site plan $ 50.00 NUA-Non-conforming Use Alteration $ 100.00 NUC-Non-Conforming Use Change $ 100.00 PDI-PUD Insubstantial Change $ 100.00 PMC-PUD Minor Change $ 50.00 PNC-Project Name Change $ 65.00 PPL-Plans and Plat Construction $ 100.00 PPLA-Plans and Plat Construction Amendment $ 50.00 PREP-Pre-Application Meeting $ 75.00 PREQ-Pre-Acquisition Meeting $ 75.00 PSP-Preliminary Subdivision Plat $ 150.00 PSPA-Preliminary Subdivision Plat Amendment $ 100.00 • PUDA-Planned Unit Development Amendment $ 125.00 PUDR-PUD to PUD Rezone $ 125.00 PUDS-PUD Sunsetting $ 50.00 PUDZ-Planned Unit Development $ 150.00 RZ-Rezone $ 100.00 SBDC-School Board Determination of Completeness No Charge SBR-School Board Review No Charge SBRI-School Board Review Insubstantial Change No Charge SDP-Site Development Plan $ 200.00 SDPA-Site Development Plan Amendment $ 150.00 SDPI-Insubstantial Change to SDP $ 100.00 SIP-Site Improvement Plan $ 150.00 SIPI-Insubstantial Change to SIP $ 100.00 SNNP-Street Name Change Unplatted $ 65.00 SNR-Street Name Change $ 65.00 SRA-Stewardship Receiving Area $ 1,000.00 SRAA-Stewardship Receiving Area Amendment $ 300.00 SRDC-Stewardship Receiving Area Determination of Completeness $ 150.00 SRDD-Stewardship Receiving Area Alternative Deviation Design $ 150.00 SV-Sign Variance $ 50.00 TU-Temporary User Permits $ 100.00 UDP-Unified Development Plan $ 150.00 VA-Variance $ 100.00 VAC-Vacate $ 100.00 ,P T 's P- Qos-r K c 3 r1Q c.'1) - 100 • With respect to all SiteDevelopment review types,the Fire Code Official or his designated representative retains the right to make an initial determination as to whether the proposed scope of work impacts fire codes and therefore,whether a review is necessary or unnecessary. If deemed unnecessary,a minimum fee of$30.00 will be collected for administrative processing of the request. Cra ger C'.ounfiy COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.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: ❑■ Email ❑ Fax ❑ Personally picked up Applicant Name: Kris Thoemke, Coastal Engineering Consultants, Inc. Phone: 239 -643-2324 x 156 Email/Fax:kthoemke@cecifl.com 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 c2142 4nnnn Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: ^^- Date: 05/16/16 Updated by: Date: • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED ATTACHMENT 1 REVISED APPLICATION & PERMIT DRAWINGS Co er Crn411 ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch.3 8.of the Administrative Code THIS PETITION IS FOR(check one): • DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Craig & Wendy Lyon Address: 14 Hawk St. City: Naples State: FL ZIP: 34113 Telephone: Cell: Fax: E-Mail Address: craig@5advise.com • . KRIS W. THOEMKE Name of Agent. Firm: COASTAL ENGINEERING CONSULTANTS, INC. Address: 3106 S. HORSESHOE DRIVE city: NAPLES State: FLORIDA ZIP: 34104 Telephone: 239-643-2324 EXT. 156 Cell: Fax: 239-643-1143 E-Mail Address: KTHOEMKE@CECIFL.COM PROPERTY LOCATION Section/Township/Range: 32 151S/26E Property I.D. Number: 52342240000 Subdivision: Isles of Capri Unit: 1 Lot: 58-59 Block: Address/General Location of Subject Property: 14 Hawk St. on the Isles of Capri Current Zoning and Land use of Subject Property: SINGLE FAMILY RESIDENTIAL BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF • ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 Co er Coxnty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 • www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4 Single Family Home S RSF-4 Single Family Home E RSF-4 Single Family Home W A-ST Water(Pompano Bay) DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work,new dock, replacement,addition to existing facility,any other pertinent information): The purpose of the proposed activity is to remove the existing docks and replace them with one new dock. The dock is for the private use of the residents at 14 Hawk St.and will accommodate 28-foot and 48-foot boats. See Attachment 1, Permit Drawings SITE INFORMATION 1. Waterway Width: • 420 ft. Measurement from ❑plat ❑survey ❑■ visual estimate (Attachment 1) ❑ other(specify) 2. Total Property Water Frontage: 159.16 ft, 3. Setbacks: Provided: 31 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 87 ft. 5. Number and Length of Vessels to use Facility: 1. 28 ft. 2. 48 ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: See Attachment 1-Permit Drawings 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.53 Acres 8. 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. 6/3/2014 Page 3 of 7 ° v • N13'49'051. 139.16' (P) I t rt N1349'051' 159.23' (G) ' 1 ® '4 POMPANO BAY 7� t ewa>i o Ge. 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Uac�l W cO.a MZJ Z N c4 < I[f Ip - 4 em,.t N0.:153TI�YON-t miaigkoteasowavieft.C°14ntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coI1iergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Dock Extension 0 Boathouse Chapter 3 B. 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 COPIES REQUIRED REQUIRED Completed Application(download current form from County website) .b ❑ Signed and Sealed Survey �] [ ❑ Chart of Site Waterway [ Er ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration,location,and dimensions of existing and proposed [fr 0 • facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 [� ❑ Completed Addressing Checklist 1 0 Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 Lal/ 0 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. I . 6/3/2014 Page 6 of 7 Co County COWER 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: Is(Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet Er Addressing:Annis Moxam Graphics:tirlacianret1T8ttree tt s-,'C 4, 1404 C ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: [ ,Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad R' 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 Hearttock Q Engineering:Niserrtirdrail Go55Stom Q Transportation Planning:John Podczerwinsky 0 Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: Boat Dock Extension Petition:$1,500.00 Ao 14'24'� ) ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$2UM1,- ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. • As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Signature of Petitioner or Agent Date • 6/3/2014 Page 7 of 7 114::,41111 : 0 % k \t IS��.. �2 %LI �� 1 \ \ \ \% ) �� \ u. \ - ^ k` 2f %° Z it Tr k \ IliE $ f 3 t„. % : Z. milk 1110L" % » y g Z .2�� \ k�\ �t� }3 kla V : $I $ a B.- 411111101°k� 0 w b w O \ z 1 ƒ �. %\ 7 0 % , is ` o « C o t� o « $ & b. # ® . t5 ¥ o $ w k a% 4 �j\ %t « al $jam _ /\ 4. % )� $ +�\ C'v.' \ 3 sat J 9 \k •k l �� , t kki % t °` �\ a_ , '8 ' ® °° \ o ¢§ , u / ƒ ° ®0 � - 3 , ii \ C\ \ ' a W \ % % \ \ \ woo e!..:3�) «R y \s 400........ 01"..a66 fS ., --\ =a \ y 01 � 9 ed O' �3 OW %6 � } \� \ ? I a k� wit & �& Iti a. `»» \ iv y )i bo. ® ►► k _ � o@ 0 o \1.$•�lS (-4 4- Ca fb AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL201t0300e83 I. Wendy R.Lyon (print name),as 'flutes o1 the Wendy R.Lyon Rev Trust (title,if applicable)of (company, If a licable),swear or affirm under oath,that I am the(choose one)owner[i 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 testy EngInainy Consultants,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 'n It are t e. ......1(\i ‘ 4<-' '---- .5/1 19 / 2-Of(► dr t 1,;,Lt,re Date 1 STATE OF FLORIDA COUNTY OF COLLIER The foregoinginstrument was sworn to(or affirmed)and subscribed before me on May 1812642 te)by IAI M y 82- y clvl (name of person providing oath or affirmation), as • / I,Vlio is personally known to mor who has produced (type of identification)as identification. illr / - STAM Si! ature of Notary Publ ZLEANN Y CAPRIO I% - MY COMMISSION 0 FF205260 EXPIRES March 03.2016 40/3i110+a1 fad Neu ra:ow • CP\OS-COA-00115\155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) PL2018000Ol63 I, Craig W.Lyon (print name),as TnuRee at the Craig W.Lyon Rev Trust (title,if applicable)of (company, If a licable),swear or affirm under oath,that I am the(choose one)ownernappficant[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. Wen authorize Coastal ewnamg Consorts.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.pros. 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 then1111 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 st: •' n it are tr . .•- SI• ature ate STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on MO 18'x441(0(date)by CA,-cu 3 114• Dy1 (name of person providing oirth or affirmation), as Jis rsonally known to molar who has produced . (type of identification)as identification. STAMP S gnature of otary P lc • LENIN M CAPRIO 3 � . : MY COMMISSION 0 FF205260 40EXPIRES March 03.2019 (Ot f 34.0iss saneNlet.ys•r,e.oar • CP108-COA-001151155 REV 3/24/14 Cr11County 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@colliergov.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 personnel prior to pre-application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) El SDP(Site Development Plan) Q BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) El FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) El SNC(Street Name Change—Unplatted) El PNC(Project Name Change) El TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) El PSP(Preliminary Subdivision Plat) El VRP(Vegetation Removal Permit) El PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) • 0 RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) 32 -51- 26 Lots 58 & 59, Isles of Capri, No. 1, according to the Pleat there of in Plat Book 3, Page 41 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 52342240000 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 14 Hawk St, Naples, FL • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) Lyon Single Family Dock PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# • SUBMERGED RESOURCES SURVEY • PROPOSED DOCKING FACILITY 14 HAWK STREET LYON PROPERTY BDE PL20160000863 INTRODUCTION Mr. &Mrs.Craig Lyon are requesting a Boat Dock Extension to construct a single-family dock with boathouse on their property on the Isles of Capri. The proposed docking facility is located at 14 Hawk Pelican St. (Attachment 1). OBJECTIVE Coastal Engineering Consultants,Inc. (CEC)conducted a topographic and natural resources survey on September 28,2015 to assess if there are seagrasses or other important resources present in the project area and vicinity. METHODS CEC reviewed the aerial photography of survey area and established an area to be surveyed that extends 100 feet on either side of the proposed dock. The area was visually surveyed by divers for the presence of seagrass and other resources. Bathymetric data were also collected. RESULTS • Seagrass is present in the project area. The boundary of the existing areas of seagrass were located and mapped using a sub-meter accurate GPS Unit. (Attachment 2)The dominate species was Halodule wrightii with some widely scattered patches of Syringodiurn filaforme found along the boundary in deeper water.The distribution of seagrass within the area outlined in Attachment 2 is patchy with H. wrightii present in the shallow water areas(landward of the 4-foot(NAVD) contour (2.4 feet MLW). The distribution is a mosaic of closely spaced patches of various sizes and with densities ranging from 0 to 90%. H. wrightii density decreases and small patches of S.filaforme are present in water beyond the 4-foot(NAVD)contour where seagrass coverage is less than 10%. The dock design minimizes impacts to the existing seagrass in the following ways: 1. The applicant agrees to construct the dock at a height of at least 3.5 feet NGVD. 2. The terminal platform is 136 sq.ft. and minimally impacts an area of seagrass where the density of 10%or less. 3. The 4-foot wide walkway crosses the shortest expanse of the existing seagrass bed. 4. 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I 117._,_ ,-,''... .. ,._, x.44 n' 1.4 $ ' 0164 !' 111, • Q W < . _ . ti 6 Ix. z 3 w _ . *' a w o } +� a Z = ci. 1 W W � � F U W l' ' k ms 46i' I Jr O L O W O l A ; Z 1,7, D ' it J a ail .�. „ � •— a y`,� zzaw 1 Q o '�i... ZZZQW NCO O �"1 FeEvWdWZ1 . 1 V S � : W� 3 � W ` Z ZpZp VI OYC O iolvt. 4SZK 10 t-m U i.,,i,W WjZ .71:4:•.:C: 10�C® �� a 3w 33 ,- fw r , :4"; . 1F 2e , ZZ =N W �',i • "S WM �'2 w0 a .. a OZOVuZC 0 46 , , OWUZiv`i �:: b Y J 4' M Z , .. ATTACHMENT 2 w � I 1995 w 1 2004 ATTACHMENT 2 PRIMARY CRITERIA 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate) The proposed dock is designed to accommodate one vessel at a single family home. This meets County and state requirements for the number of slips allowed. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s)described without an extension) The 28-foot boat has a draft of 2.5 feet. A dock that extends 20 feet from the seawall would place the boat in water that is approximately 2.4 to 3.4 feet in depth at MLW. The depth beneath the boat to the bottom is insufficient to allow ingress or egress on an average mean low tide. Further, due to the presence of seagrass the Florida Department of Environmental Protection requires a • minimum of one foot of clearance between the boat and the top of the seagrass blades According to DEP, blade length is 8 inches. Bathymetric information is provided in Attachment 5. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel) No marked or charted navigable channel exists in the project area. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). The approximate waterway width of Pompano Bay measured from shoreline to shoreline is 670 feet. The proposed docking facility extends 87 feet into waterway that is a 13% protrusion of the proposed docking facility into the waterway. Please refer to the attached revised permit drawings). Note: The 87-foot distance represents a 17.3% protrusion into the 503-foot wide waterway as measured from the applicant's shoreline to the waterward extent of the existing docking facility on the opposite side of Pompano Bay. • - 1 - Further, there is 420 feet of navigable waters between the docking facilities as • can be seen in the attached revised permit drawings. The 420-foot distance is 62.7% of the waterway width of 670 feet and exceeds the minimum of 50% of the waterway width between dock facilities. Note: The 420-foot distance is 83.5% of the waterway width as measured from the applicant's shoreline to the waterward extent of the existing docking facility on the opposite side of Pompano Bay. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks) The proposed docking facility is designed so that it will not interfere with neighboring docks. The design was selected to avoid potential docking issues for the 28-foot boat with the existing dock to the east and a possible future dock to the west. SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; • these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds) Due to the presence of seagrass, the dock was designed such that the boat and boathouse are located over water that does not have any seagrass (Attachment 5). 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area) The dock is designed and configured to provide safe access to the vessel that will be using the structure. 3. For single-family dock facilities, whether or not the length of the vessel or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained) Linear waterfront is 159.16 feet according to the Isles of Capri No. 2 plat The combined length of the 48- and 28-foot long boats is 76 feet. Thus, the combined boat length is 48.1% of the subject property's linear waterfront footage and meets the criteria for a single- family dock facility. • - 2 411) 4. Whether or not the proposed facility would have a major impact on the P waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) The proposed dock extends from the mid-line of the property and has 15 foot setbacks from the adjacent properties thus minimizing as much as is possible the view of neighboring waterfront property owners. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of this code must be demonstrated) Seagrass is present in the project area. On September 28, 2015, Coastal Engineering Consultants senior scientist, Dr. Kris Thoemke, CEP, conducted a seagrsss survey of the project site and adjacent areas. The boundary of the existing areas of seagrass were located and mapped using a sub-meter accurate GPS Unit. (Attachment 5) The dominate species was Halodule wrightii with some patches of Syringodium filiforme found along the boundary in deeper water. The distribution of seagrass within the area outlined in Attachment 5 is patchy with H. wrightii present in the shallow water areas (landward of the 4-foot (NAVD) contour (2.4 feet MLW). The distribution is a mosaic of closely-spaced patches of various sizes and with densities ranging from 0 to 90%. H. wrightii density decreases and small patches of S. filiforme • are present in water beyond the 4-foot (NAVD) contour where seagrass coverage is less than 10%. The dock design minimizes impacts to the existing seagrass in the following ways: 1. The applicant agrees to construct the dock at a height of at least 3.5 feet NGVD. 2. The terminal platform is 150 sq.ft. and minimally impacts an area of seagrass where the density of 10% or less. 3. The 4-foot wide walkway crosses the shortest expanse of the existing seagrass bed. 4. The applicant will be using ThruFlow decking, a grated design that allows light penetration. 5. The mooring site is outside of seagrass bed. Constructing the dock as proposed minimizes negative impacts to the existing seagrass beds and meets the criteria of subsection 5.03.06.J. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06.E.11 of this code. (If applicable, compliance with Section 5.03.06.E.ii must be demonstrated) The proposed docking facility is for a single family home thus the manatee protection requirement is not applicable. • - 3 - I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE • AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS DOCK EXTENSION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. I UNDERSTAND THAT IF THIS DOCK EXTENSION PETITION IS APPROVED BY THE COLLIER COUNTY PLANNING COMMISSION, AN AFFECTED PROPERTY OWNER MAY FILE AN APPEAL WITHIN 14 DAYS OF THE HEARING. IF I PROCEED WITH CONSTRUCTION DURING THIS TIME, I DO SO AT MY OWN RISK. Kris pQ m LQ Digitally signed by Kris Thoemke Kris Thoe111ke DN:cn=KrisThoemke,o,ou, email=kthoemke®cecifl.com,c=US Date:2016.10.11 09:07:25-04'00' Signature of Petitioner or Agent • • - 4 - AGENDA ITEM 4-B Cot e-r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING: NOVEMBER 10,2016 SUBJECT: ZLTR (CUD)-PL20160002442, VINCENTIAN VILLAGE MIXED-USE PLANNED UNIT DEVELOPMENT(MPUD) APPLICANT/AGENT: Applicant: Global Properties of Naples, LLC 2614 Tamiami Trail N.. #615 Naples, FL 34103 Agent: Bob Mulhere, FAICP Hole Mantes 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) affirm a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of indoor air conditioned self-storage/mini-warehouse (SIC 4225) is comparable in nature to other permitted commercial principal uses in Tract MU, Mixed-Use Development, under Section I.B of the Vincentian Village MPUD, Ordinance No. 2015-33,as amended. GEOGRAPHIC LOCATION: The subject property is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50 South. Range 26 East, Collier County, Florida, consisting of±30.68 acres. ZLTR(CUD)-PL20160002442 Page 1 of 5 Vincentian Village MPUD SURROUNDING LAND USE & ZONING: Subject: Vincentian Village Mixed-Use Planned Unit Development(MPUD) North: Tamiami Trail East Right-of-Way (ROW) and then Whistlers Cove PUD East: Mobile Home Zoning South: Residential Single-family (RSF-4) zoning West: Residential Single-family, RSF-4 and Heavy Commercial District(C-5) , r , .,/' • RV 1 �y� �. .& p J� .14 Ir 41 ,, . " „," s s ro ,� .� Ir R Ir Subject i Property. `1P` ....\er �,�,�J ifia4mob- _. R " • . ,,„ ''s.iiiiiiiN6.... ‘,,,, 'f - _ - • 4 '�, i Aftt 1. 411, I 0. r <' x aMuwnu. Co*-1,/,,,t,s^apn-!y Aoa•ar Y tv s_ IV + ��.. 7 `• A j a�',. Aerial Photo (Collier County Property Appraiser) PURPOSE/DESCRIPTION OF PROJECT: The Applicant seeks a determination that an indoor air-conditioned, self-storage/mini- warehouse, Standard Industrial Code (SIC) 4225. is comparable and compatible use with the permitted commercial uses in the Vincentian Village MPUD contained within Section I.B of the Vincentian Village MPUD, Ordinance 15-33, as amended. The applicant requested a Zoning Verification Letter (ZLTR) from the Planning Manager on September 12, 2016. The Planning Manager issued a ZLTR stating that the use of an indoor air-conditioned self-storage/mini-warehouse, SIC 4225, is comparable and ZLTR(CUD)-PL20160002442 Page 2 of 5 Vincentian Village MPUD compatible with the listed uses under Section I.B. of the Vincentian Village MPUD. This hearing is to seek affirmation of that opinion by the HEX. ANALYSIS: LDC Section 10.02.06 J.l.b, Comparable Use Determinations, states: "The County Manager or Designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective, the zoning verification letter shall be approved by the BCC by resolution, at an advertised public hearing." The BCC delegated this duty to the Hearing Examiner through Ordinance 2013-25. An air-conditioned self-storage/mini-warehouse is a conditional use in the General Commercial District (C-4) and a permitted use (mini- and self-storage warehousing) in the Heavy Commercial District (C-5) in the Collier County Land Development Code (LDC). More specifically, this comparison is of permitted LDC C-5 uses contained within this MPUD to an air-conditioned self-storage/mini-warehouse, which is a permitted use within the LDC C-5 district. The applicant compares an air-conditioned self-storage/mini-warehouse to the diversity of uses within this MPUD and their Standard Industrial Classification (SIC) as they relate to LDC Commercial Zoning districts. The applicant propounds this MPUD diversity to include: restaurants (LDC permitted in C-2—C-5); medical offices (LDC permitted in C- 1—C-5); hotels (LDC permitted in C-1 C-5); grocery stores (LDC permitted in C3—C- 5); and hospitals (LDC permitted in C4—C-5). Moreover, the applicant points to recent Zoning Verification Letters for Comparable Use Determinations for air-conditioned self- storage/mini-warehouse, such as: Angileri PUD, Sierra Meadows PUD, and the Gaspar Station—all found to be "comparable and compatible." Specifically, the applicant points to Angileri PUD stating the uses are "much less intense than the approved uses within the Vincentian Village MPUD." It is deemed by staff that this MPUD's C-5 diversity of uses as well as permitted use #64, allowing for, "any other principal use which is comparable in nature with the forgoing list of permitted principal uses" makes an indoor air-conditioned self-storage/mini-warehouse a comparable/compatible use. Additionally, characteristics of intensity and business character were examined in assessment of comparability and compatibility to the listed uses within the MPUD. For example, office uses within this MPUD (accounting/auditing/bookkeeping— LDC permitted C1-05), medical offices (LDC permitted C-1—C-5), and legal services (LDC permitted Cl-05), have similar building scale and physical form to an indoor air- conditioned self-storage/mini-warehouse. To further their point, the applicant states that while an indoor air-conditioned self- storage/mini-warehouse is similar in terms of building scale and physical form, it is less intense in terms of traffic, noise, odors, solid waste generation, and lightening. The applicant points to a traffic example. They state that a hotel is estimated to generate 1,334 daily trips, with 87 AM peak hour trips and 91 PM peak hour trips. This is compared to a ZLTR(CUD)-PL20160002442 Page 3 of 5 Vincentian Village MPUD 100,000 square foot indoor self-storage facility estimated to generate 250 daily trips with only 14 AM peak hour trips and 25 PM peak hour trips. Due to the mixed use nature of the PUD and the close proximity of residential land uses in proximity to the commercial land uses, staff is concerned about the aesthetic of the self- storage building design and its potential influence upon those residential land uses. Based upon this concern staff is suggesting an additional condition on the design of the building, restricting the facility from utilizing overhead doors from any exterior façade. Based upon above analysis, the use of an indoor air-conditioned self-storage/ mini storage is a comparable/compatible use of permitted commercial uses within Section I.B Commercial uses of the Vincentian Village MPUD, Ordinance 15-33, as amended. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on 10/13/2016. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinions of the Zoning Manager that the use of an air-conditioned self-storage/mini warehouse(SIC 4225) is comparable and compatible to other permitted commercial uses within Section I.B of the Vincentian Village MPUD, Ordinance 15-33, as amended with one stipulation: 1. The building shall resemble an office use, meeting the architectural standards of the LDC with storage doors internal to the building;there shall be no overhead doors on any external building façade. Attachments: A. Zoning Verification Letter B. Application ZLTR(CUD)-PL20160002442 Page 4 of 5 Vincentian Village MPUD PREPARED BY: leti/LA iqivil, RACHEL BEASLEY, PLANNER DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: .-.-- el' i ,(i K_, RA D . BELLOWS,Z G MANAGER DAT ZON DIVISION-ZONING SERVICES SECTION - --`772/49,,;_g /J MICHAEL BOSI,AICP,DIRECTOR DATE ZONING DIVISION ZLTR(CUD)-PL20160002442 Page 5 of 5 Vincentian Village MPUD Ac � y • Growth Management Department— Planning & Regulation Zoning Services Division October 5,2016 Bob Mulhere,FAICP Hole Montes 950 Encore Way Naples,Florida 34110 Re: Zoning Verification Letter ZLTR (CUD)-PL20160002442; Zoning Verification Letter — Comparable Use Determination for the Vincentian Village MPUD, 11480 Tamiami Trail East, located within in Section 32, Township 50 South,Range 26 East, of unincorporated Collier County,Florida. Property ID/Folio: 00439880008. Dear Mr. Mulhere: This letter is in response to a Comparable Use Determination (CUD) Application dated September 12, 2016, which was submitted by you on the behalf of your client, Global Properties of Naples, LLC—Christopher Shucart, Manager. You have specifically requested a determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of an indoor air-conditioned self-storage/mini-warehouse, Standard Industrial Code(SIC) 4225, is comparable and compatible with the permitted uses in the Vincentian Village Mixed-Use Planned Unit Development (MPUD), Ordinance 15-33,as amended. • The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code(LDC),Ordinance 04-41, as amended. The current Official Zoning Atlas, an element of the LDC,reveals the subject property has a zoning designation of the Vincentian Village MPUD, Ordinance 15-33,as amended. Permitted uses within this MPUD are listed in Exhibit A.I.B. Commercial Uses. Permitted uses include#64, "any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC." Self-Storage/Mini-warehouse, SIC 4225, is a conditional use in the C-4 of the Collier County Land Development Code (LDC) and a permitted use in the Heavy Commercial District (C-5)—note, this petition is specifically for an indoor air- conditioned self-storage/mini-warehouse. This application was reviewed for comparability and compatibility of allowable C-5 uses of the LDC listed within this MPUD as well as for comparability and compatibility of characteristics such as intensity and business character, of this MPUD. This PUD allows for uses which are, "any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC." The applicant outlines several permitted uses in this MPUD which permit C-5 uses such as: restaurants (C-2P—C-5P, depends on square footage), medical offices (C-1P—C-5P), grocery stores (C-3P—C-5P, depends on square footage), hospitals (C-3C, C-4P—C-5P), and hotel (C-4P—C-5P). Furthermore, other uses such as automotive services (C-3P—05P), general merchandise store—all (C-4P—C-5P), and household appliance stores (C-4P—C-5P)are all permitted uses within this MPUD. While many of the permitted uses in this MPUD, which are permitted uses in C5 of the LDC, do not explicitly include indoor air-conditioned self- storage/mini-warehouse, it is deemed by staff that the MPUD's C-5 diversity of uses as well as permitted use #64, allowing for, "any other principal use which is comparable in nature with the forgoing list of permitted principal uses" makes an indoor air-conditioned self-storage/mini-warehouse a comparable/compatible use. ilk Additionally, characteristics such as intensity and business character of an indoor air-conditioned self-storage/mini- lip warehouse are similar in intensity and business character to many of the listed uses within this PUD. For example, office uses within this MPUD such as, accounting/auditing/bookkeeping(C1P-05P) and legal services(ClP-05P), have similar building scale and physical form to an indoor air-conditioned self-storage/mini-warehouse. Attachment A The applicant puts forth that air-conditioned self-storage/mini-warehouse is similar to other uses in this PUD for building scale and physical form. They also state that air-conditioned self-storage/mini-warehouse is less intrusive in: traffic, noise,odors,solid waste generation, and lighting. ,o o i cr-k &M S 4 ) +¢.QO�t It should also be noted that the applicant compares traffic,trip generation of hotels(a permitted use within this MPUD)t• indoor air-conditioned self-storage. They state that a 150 hotel is estimated to generate 1,334 daily trips, with 87 AM peak hour trips and 91 PM peak hour trips. In comparison, a 100,000 square foot indoor self-storage facility is estimated to generate 250 daily trips with only 14 AM peak hour and 25 PM peak hour trips. Thus, per the applicant, an indoor air- conditioned self-storage/mini-warehouse is a less intense trip generator. The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be compelling. It has been concluded that an indoor air-conditioned self-storage/mini-warehouse is comparable and compatible to allowable C-5 uses of the LDC listed within the MPUD as well as for characteristics such as intensity and business character,of this MPUD. Therefore,in accordance with the MPUD under Exhibit A.I.B. Permitted Uses#64, an indoor air-conditioned self-storage/mini warehouse (SIC 4225) is comparable in nature with the C-5 Heavy Commercial District in effect on the date of approval of the PUD Ordinance and the permitted commercial uses in the PUD. This determination must be affirmed by the Hearing Examiner to become valid;you will be notified of a hearing date. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.All other applicable state or federal permits must be obtained before commencement of the development. Please be advised that the information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC orf related ordinances. Should you require additional information or have any questions,please do not hesitate to contact me at(239)252-8202 or e-mail: rachelbeasley@colliergov.net. Researched and prepared by: Reviewed by: Rachel Beasley, PI er Ra pend Bellows,Zoning Manager Zoning Services Section Zoning Services Section C: Mike Bosi,AICP,Director Annis Moxam,Addressing Section Ian Barnwell,PUD Monitoring d Co er County . COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Zoning Verification Letter- Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J &Code of Laws section 2-83—2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME PCUD-PL20160002442 11480 Tamiami Trail East-Vincentian Village MPUD DATE PROCESSED Date: 9-19-2016 Due: 10-19-2016 PUD Zoning District ■ Straight Zoning District APPLICANT CONTACT INFORMATION Name of Applicant(s): Global Properties of Naples, LLC, Christopher Shucart,Manager Address: 2614 Tamiami Trail N., #615 City: Naples State: FL ZIP: 34103 Telephone: Cell:Cell: 239-435-0098 Fax: 239-289=3143 E-Mail Address: chris@jcsrealtygroup.com 11111 Bob Mulhere FAICP Name of Agent.. Firm: Hole Montes Address: 950 Encore Way City: Naples State: FI ZIP: 34110 Telephone: 239-254-2026 Cell: 239-825-9373 _Fax: 239-254-2099 E-Mail Address: bobmulhere@hmeng.com PROPERTY INFORMATION Site Address: 11480 TAMIAMI TRL E Folio Number: 00439880008 Property Owners Name: Global Properties of Naples, LLC DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of'^°°° 5°"s"-9e_5'c4"5 is comparable and compatible with the • permitted uses in the vincentian PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 Attachment B Co el* C"nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED • Completed Application (download current form from County n ❑ ❑ website) Determination request and the justification for the use Q ❑ ❑ PUD Ordinance and Development Commitment information Q ❑ ❑ Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all Q ❑ ❑ 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. • FEE REQUIREMENTS: ❑ Application: $1,000.00; Additional Fees of$100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 1 IIV\is.� /11.—/ i Co • �. an ig • • Date Printed Name Please be advised thot the zoning letter is bosed upon the ovoiloble records furnished by Collier County and whot wos visible and accessible of the time of inspection. This report is bosed on the Lond Development Code thot is in effect on the dote the report wos prepared. Code regulotions could be subject to chonge. While every attempt hos been mode to ensure the occurocy or completeness, and eoch subscriber to or user of this report understands that this deportment • disclaims any liability for any damages in connection with its use. In addition, this deportment assumes no responsibility for the cost of correcting ony unreported conditions. 9/25/2014 Page 2 of 2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE • OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET,A CENTRAL ANGLE OF 14°34'44"AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. 1 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) `_z 2£i-K (cub)- Pt.-2.6 1 t,o dv 2.VIZI Viel�.+f e.,41/412• • APaD /� I, tr h i1•e s,/ Lr G4-✓1✓ (print name), as /''l ie74 y et; tRtlL/P'/ (title, if applicable) of ''t n h. (alb(.ih a ci 1J aP �r LLC (company, If applicable), swear or affirm under oath, that I am the (Choose one) owner' 1/tapplicantncontract 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 ft.4,.t o--elk,(A c,-.0 to act as our/my representative in any matters regarding thisition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. 1 • 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 -te. in it are ue. I • (0l► 5(// �� ignature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instryment%in sworn to(or affirmed)and subscribed before me on (bl I 3/1 C (date) by C44/1>171) S VCcM/t` (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification) as identification. k..)40-6/A, STAMP/SEAL Signature of Notary Public `.r, NARCISO DOMINGO NOTARY PUBLIC ; STATE OF FLORIDA 4Comma FF192487 III • ,•.,• Expires 3/9/2419 CP108-COA-001151155 REV 3/24/14 h- September 16/, 2016 Ray Bellows, AICP, Planning and Zoning Manager Collier County Growth Management Division 2800 North Horseshoe Drive Naples FL 34104 Re: Zoning Verification Letter Comparable Use Determination (ZVL-CUD for Indoor Air- Conditioned Self Storage—SIC Code 4225) within the Vincentian Village MPUD (Ord. 2015-33) Dear Mr. Bellows: Please find attached: (1) a completed ZVL-CUD Application; (2) a check in the amount of $1000.00 for the required fee; and(3) a copy of the Vincentian PUD Document. I know you are familiar with this MPUD,but to summarize, it was approved in 2015, along with a companion GMPA which established the Vincentian Subdistrict. Consistent with the provisions set forth in that Subdistrict and the PUD, in the event the PUD is developed as a "Mixed Use" PUD, commercial development is limited to a maximum of 10 acres and 128,000 square feet. The MPUD permits a number of commercial uses, generally comparable to uses as set forth in the C-3 and C-4 zoning districts. Uses include: restaurants, general and medical offices, a hotel (maximum of 150 rooms), grocery stores, variety stores, home furniture and furnishings stores, hospitals, household appliance stores, and numerous other commercial uses. The PUD limits any single use to 65,000 square feet of gross floor area (GFA), with the exception of a group care facility, physical fitness facility, hotel, or department store, unless the single use is approved by the conditional use process outlined in the LDC. In addition to all of the uses expressly identified as permitted, the PUD also allows 'Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC." We are requesting a determination that Indoor Air-Conditioned Self Storage within the Vincentian MPUD is a"comparable and compatible"use, and therefore should be permitted. We are aware of several recent ZVL-CUD's (for PUD's) wherein the Indoor Air-conditioned Self Storage - SIC Code 4225 was found to be a "comparable and compatible" use. These include the Angileri PUD,the Sierra Meadows PUD, and the Gaspar PUD. Please note that the Angileri PUD allows both C-1 and C-2 uses, which are much less intense than the approved uses within the Vincentian Village MPUD. In each of these recently approved ZVL-CUD's the basis for approval include the following • factors: Ray Bellows,AICP, Planning and Zoning Manager Re: ZVL-CUD Vincentian MPUD • September 12,2016 Page Two The Self-Storage/Mini-warehouse use, if limited to indoor air-conditioned only, is similar in nature to many of the other use permitted in the respective PUD, in terms of building scale, and physical form, but less intrusive than many of those uses in terms of traffic, noise, odors, solid waste generation, and lighting. Compliance with the County's Architectural and Site Design Standard and landscaping requirements ensures that the facility will attractive. Looking just at traffic, a 150 room hotel is estimated to generate 1,334 daily trips, with 87 AM peak hour trips and 91 PM Peal hour trips. A 100,000 square foot indoor self-storage facility is estimated to generate 250 daily trips with only 14 AM peak hour and 25 PM peak hour trips. Specifically we are requested determination SIC Code 4225 limited to Indoor Air-Conditioned Self Storage is comparable to other uses identified as permitted within the Vincentian Village MPUD, and additionally, that this use would be also be deemed comparable to the other uses that are not subject to the maximum 65,000 square footage limitation. These include group care facilities, physical fitness facility, hotel, and department store. Please do not hesitate of contact me should you have any customs or require any additional information. • Sincerely Robert J. Mulhere, FAICP • cc: Christopher Shucart • Page 2 of 2 ORDINANCE NO. 15- 3 3 • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE VINCENTIAN VILLAGE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 MULTIFAMILY RESIDENTIAL DWELLING UNITS, UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES, A HOTEL LIMITED TO 150 ROOMS, AND AN ASSISTED LIVING FACILITY (ALF) AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION 32, TOWNSHIP 50 SOUTH, • RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37, THE VINCENTIAN PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20130001726] WHEREAS, Robert J. Mulhere of Hole Montes, Inc., representing Global Properties of Naples, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located at the southeast corner of the intersection of Southwest Boulevard and Tamiami Trail East (U.S. 41) in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a 30.68+/- acre project to be known as the Vincentian Village MPUD, to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, a hotel limited to 150 rooms, and an assisted living facility (ALF) at 0.6 FAR, in accordance with Exhibits A through F attached hereto and 111/ incorporated by reference herein. The appropriate zoning atlas map or maps as described in [14-CPS-01292/1180260/1] 141 Vincentian MPUD/PUDZ-PL20130001726 Page 1 of 2 Rev.5/15/15 ;tA Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. • SECTION TWO: Ordinance Number 99-37, known as the Vincentian Planned Unit Development, adopted on May 25, 1999 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this_ OP-P day of J-w- L ,2015. ATTEST~ , '• BOARD.OF COUNTY COMMISSIONERS DWti'1: .$D®CK, CLERK COLLIER COUNTY, FLORIDA 4 By: TIM NANCE, Chairman • t: _ 1P % ltman'8. signature only. Approved as to form and legality: CID -kfik Airi, eidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A-Permitted Uses Exhibit B -Development Standards Exhibit C - Master Plan Exhibit C-1 —ROW Section Exhibit D - Legal Description This ordinance filed with the Exhibit E- Requested Deviations from LDC ge:rg cof State`s Office S Exhibit F - Developer Commitments J5d±dayry of 11IV) ond acknowledgemec)t A.sthat filj eceived this day of n� liJt& �DLS By • [14-CPS-01292/1180260/1] 141 Vincentian MPUD/PUDZ-PL20130001726 Page 2 of 2 Rev. 5/15/15 ,CA • EXHIBIT A VINCENTIAN VILLAGE MPUD • LIST OF PERMITTED USES PERMITTED USES: The PUD may be developed entirely as residential, entirely as commercial, or a mixture of residential and commercial uses. No building or structure, or part thereof, shall be erected, altered,or used, or land used, in whole or in part, within the Vincentian Village MPUD, for other than the following: TRACT MU—MIXED-USE DEVELOPMENT I. Principal Uses A. Multifamily and Townhome residential uses, up to 224 dwelling units. Residential development shall be limited to market-rate and Gap Housing units. Gap Housing shall be provided in accordance with the conditions wad limitations set forth in Exhibit F. Developer Commitments, Paragraph VII, Gap Housing. B. Commercial Uses, subject to conversions in Exhibit B, Section III: Up to 250,000 square feet of gross floor area if the PUD is developed without residential dwelling • units. If the PUD is developed with residential and commercial uses, the commercial uses shall not exceed 10 acres in size and 128,000 square feet of gross floor area. No single use shall exceed 65,000 square feet of gross floor area(GFA), with the exception of a group care facility, physical fitness facility, hotel, or department store, unless the single use is approved by the conditional use process outlined in the LDC. Commercial uses are further limited in this Section, LB. 1. Accounting, auditing, and bookkeeping(8721). 2. Advertising agencies(7311). 3. Amusement and recreation services, (7911, 7922, community theater only), (7933, 7991, 7999 - miniature golf course, bicycle and moped rental, and yoga only). A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of three(3)acres of the PUD. 4. Apparel and accessory stores(5611-5699). 5. Architectural services (8712). 6. Auto and home supply stores(5531). 7. Automotive services (7549) except that this shall not be construed to permit the activity of"wrecker service (towing) automobiles, road and towing service."No outdoor paging or amplified sound systems shall be used. 8. Banks, credit unions and trusts(6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops(7231, except for beauty schools). 11. Business consulting services(8748). • Page 1 of 16 C:1Users\ashton_h\AppData Local\Microsoft\Windows\Temporary Internet Files\Content-Outlook\5MIUSZQ8\PUD Document Final 5-15-15.docx 12. Business credit institutions(6153-6159). • 13. Business services-miscellaneous (7311, 7322-7338, 7371-7379, 7384, 7389, except for except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, product sterilization, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 14. Child day care services(8351). 15. Civic, social,and fraternal associations(8641). 16. Computer and computer software stores(5734). 17. Department stores (5311). Accessory fuel pumps for membership warehouse facilities subject to Section II, Accessory Uses, B.iv. 18. Drug stores(5912). 19. Eating and drinking places (5812 and 5813, excluding bottle clubs). All establishments engaged inthe retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 20. Educational plants and services(8211, 8221-8222). 21. Essential services, subject to section 2.01.03 22. Food stores (groups 5411-5499). Accessory fuel pumps subject to Section II, Accessory Uses, B.iv. 23. Garment pressing, and agents for laundries and drycleaners (7212). 24. General merchandise stores(5331-5399). Accessory fuel pumps for membership warehouse facilities subject to Section II, Accessory Uses, B.iv. 25. Glass, Paint, and Wallpaper stores (5231)., 26. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651; as defined in the LDC and all subject to section 5.05.04. of the LDC (hereinafter collectively or singularly referred to as "Assisted Living Facility"). 27. Hardware stores (5251). 28. Health services, offices and clinics(8011-8049, 8072, 8092, and 8099). 29. Home furniture and furnishings stores (5712-S719). 30. Home health care services(8082). 31. Hospitals (8062). 32. Hotels(7011,hotel only),limited to 150 rooms. 33. Household appliance stores(5722). 34. Insurance carriers, agents and brokers (6311-6399, 6411). Page 2 of 16 • C:\Users\ashton_h\AppData\Local\Microsoft\Windows\'temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx CA 35. Landscape architects, consulting and planning(0781). 36. Legal services (8111). 37. Management services (8741, 8742). 38. Medical equipment rental and leasing(7352). 39. Membership organizations, miscellaneous (8611, 8699 - excluding Humane society, animal). 40. Mortgage bankers and loan correspondents (6162). 41. Motion picture theaters (7832-except drive-in). 42. Museums and art galleries (8412). 43. Musical instrument stores (5736). 44. Nursing and personal care facilities (8051). 45. Photographic studios,portrait(7221). 46. Public administration(groups 9111-9199, 9229, 9311, 9411, 9451, 9511-9532, 9611-9661). 47. Public relations services (8743). 48. Radio,television and consumer electronics stores (5731). 49. Radio, television and publishers advertising representatives (7313). 50. Real Estate(6512, 6531-6552). 51. Record and prerecorded tape stores (5735), excluding adult-oriented sales and rentals. 52. Religious organizations (8661)with 10,000 square feet or more of gross floor area in the principal structure. 53. Repair services, miscellaneous (7629-7631, 7699 - bicycle repair, binocular • repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop,picture framing, and pocketbook repair only). 54. Retail nurseries,lawn and garden supply stores (5261). 55. Retail services - miscellaneous (5921, 5941-5963 except pawnshops, 5992-5999 except auction rooms, awning shops, fireworks- retail, gravestones, hot tubs, monuments, swimming pools,tombstones and whirlpool baths). 56. Security and commodity brokers, dealer, exchanges and services (6211-6289). 57. Shoe repair shops and shoeshine parlors (7251). 58. Social services, individual and family (limited to 8322 activity centers for elderly or handicapped only; day care centers for adult and handicapped only). 59. Surveying services(8713). 60. Tax return preparation services (7291). 61. Travel agencies (4724,no other transportation services). 62. United State Postal Service(4311, except major distribution center). 63. Veterinary services (0742, excluding outside kenneling). 64. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. H. Accessory Uses: Page 3 of 16 C:\Uscrs\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD, including,but not limited to: A. Residential Accessory Uses: 1. Recreational uses and facilities that serve the residents of the PUD, such as swimming pools, tennis courts, bocce ball, volleyball courts, walking paths, picnic areas, dog parks, playgrounds,fitness centers, and recreation/amenity buildings. 2. Customary accessory uses and structures to residential units, including carports, garages, and utility buildings. 3. Temporary sales trailers and model units. 4. Entry gate and gatehouse. B. Commercial Accessory Uses: 1. Outside storage or display of merchandise when specifically permitted by the LDC for a use, subject to LDC Section 4.02.12. 2. One caretakers residence, subject to LDC Section 5.03.05. 3. Temporary display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County. Merchandise storage and display is prohibited within any front yard but allowed within the side and rear yards of lots. 4. Fuel pumps accessory to a grocery store or membership warehouse type facility, greater than 15,000 square feet of gross floor area, no closer than 300 feet to a residential use. 5. Fast food restaurants (with drive-through facilities), limited to two (2) restaurants. This limitation does not apply to coffees shops with on-site brewing. • III. Conditional Uses The following use is permissible as a conditional use, subject to the standards and procedures established in section 10.08.00. 1. Automotive vehicle dealers(5511), limited to new automobile dealers only. TRACT L—LAKE & WATER MANAGEMENT FACILITIES: PERMITTED USES: No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Storm water management treatment, conveyance facilities, and structures, such as berms, swales,and outfall structures. 2. Passive recreational facilities in support of residential and/or commercial uses or for use by the adjacent Hitching Post Mobile Home Park, including but not limited to boardwalks, trails, pervious pathways, picnic areas, and recreational shelters. Should Page 4 of 16 • C.1Users\ashton_h1AppData\LocallMicrosoft\WindowslTemporary Internet Files\Content.Outlook\SMTUSZQB\PUD Document Final 5-15-15.docx (7) • such passive recreational facilities be developed, this shall not affect the maximum intensity or density permitted in this PUD. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. The stormwater lake depicted on the Master Plan (Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. TRACT P—PRESERVE: PERMITTED USES: No building or structure, or part thereof, shall be erected,altered,or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses, allowed if additional acreage, above the minimum required, is provided in Tract P: SI. Storm water management structures. 2. Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H.l.h.i. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Any other use which is comparable in nature with the forgoing list of permitted accessory uses, as determined by the Hearing Examiner by the process outlined in the LDC. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination,as depicted on the Master Plan, shall be 65 feet. DEVELOPMENT INTENSITY STANDARDS: Intensity of uses under any development scenario is limited to the two-way, unadjusted average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips), allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. 411 Page 5 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\POD Document Final 5-15-15.docx E 's r I EXHIBIT B • VINCENTIAN VILLAGE MPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for residential and commercial land uses. within Tract MU of the Vincentian Village MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS CLUBHOUSE/ RECREATION MULTI-FAMILY TOWNHOUSE t BUILDINGS COMMERCIAL PRINCIPAL STRUCTURES MIN.LOT AREA 3,000 S.F.PER UNIT ' 1,800 S.F.PER UNIT N/A 10,000 S.F, _MIN. LOT WIDTH 90 FEET 21 FEET N/A 100 FEET MIN.FLOOR AREA 1,250 S.F./D.U. 1,250 S.F./D.U. N/A 700 S.F.2 MINIMUM YARDS(External—measured from the PUD boundary)3 From Tamiami Trail and SW 50 FEET 50 FEET 50 FEET(Tamiami 50 FEET Blvd. Trail) 25 FEET(Southwest Blvd.) From adjacent RSF-4 zoned 75 FEET 75 FEET 75 FEET 75 FEET property From adjacent MH zoned 75 FEET 75 FEET 25 FEET 75 FEET property • From adjacent C-3 zoned 25 FEET 25 FEET 25 FEET 25 FEET9 property MINIMUM YARDS(Internal—measured from internal lot lines) Min.Front Yard 20 FEET 4 20 FEET 4 20 FEET 10 FEET Min.Side Yard 15 FEET 0 or 10 FEET 15 FEET 10 FEET Min.Rear Yard 15 FEET 15 FEET 15 FEET 10 FEET Min.Preserve Setback 25 FEET 25 FEET 25 FEET 25 FEET Min.Lake Setback 5 20 FEET 20 FEET 20 FEET 20 FEET MIN.DISTANCE BETWEEN 15 FT or 1/2 sum of 10 FT or%z BH, 10 FEET 20 FT or I/2 sum of STRUCTURES BH,whichever is whichever is greater BH,whichever is greater greater MAX.BUILDING HEIGHT 35 FEET 35 FEET 35 FEET 45 FEET NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT 42 FEET 6 42 FEET b 42 FEET 52 FEET 7 NOT TO EXCEED(ACTUAL) • MAX.FAR N/A N/A N/A 0.6 a MAX.GROSS FLOOR AREA N/A N/A N/A 250,000 SF 9 - ACCESSORY STRUCTURES .. FRONT SPS . SPS SPS SPS . SIDE 10 FEET 10 FEET 10 FEET 5 FEET _ REAR 10 FEET 10 FEET 10 FEET 5 FEET . PRESERVE SETBACK 10 FEET 10 FEET 10 FEET ,I0 FEET MIN. LAKE SETBACK t0 5 FEET 5 FEET 5 FEET 5 FEET MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ACTUAL) 1. Defined as a group of three or more units. Page 6 of 16 • C:\Users\ashton_h\AppData\Local\Microsntt\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx i.1.,(' • 2. Per principal structure,on the finished first floor not applicable to Kiosks. 3. Dumpstcrs and dumpster enclosures shall not encroach into the stated perimcter PUD setbacks. 4. Front yards shall be measured as follows: — If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. — If the parcel is served by a private road, setback is measured from the back of curb (if curbed)or edge of pavement(if not curbed). — If the parcel has frontage on two streets, the frontage providing vehicular access to the unit shall be • considered the front yard.The other frontage shall be considered a side yard. — in no case shall the setback be less than 23 feet from the edge of an adjacent sidewalk,except in the case of side-loaded garages,designed such that a vehicle can be parked in the driveway in such a manner so as not to conflict with,or encroached upon,the adjacent sidewalk. 5. As measured from the Control Elevation. 6. Not to exceed two stories. 7. Commercial buildings located within 500 feet of US 41 may be developed at a building height of 50 feet zoned and 57 feet actual. 8. Applies to the following use:Assisted Living Facilities. 9. Subject to Land Use Conversion Factors,Exhibit B,Section III. 10. Zero feet if a 20'Lake Maintenance Easement is provided in a separate tract at time of platting. II. Design Standards A. Architectural Theme. i. All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials throughout all of' the buildings, signs, and fences/walls to be erected on the subject parcel. • ii. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for the Site Development Plan approval demonstrating compliance with these standards. B. Residential Amenities. The following amenities shall be provided in association with any residential development (other than a caretaker's residence), no later than issuance of the certificate of occupancy for the 92nd dwelling unit: i. Resort-style swimming pool. ii. Clubhouse. iii. Fitness center. iv. Dog park. v. Children's playground area/tot lot. vi. Tennis court or bocce ball court. vii. Gated entry. viii. On-site property management if developed as a rental community. ix. Fence, wall or hedge along adjacent public right-of-way (i.e. Tamiami Trail and/or Southwest Boulevard, as applicable). When planting a hedge, it shall include decorative columns minimum of 24" x 48", spaced no more than 30 feet on center, and a hedge a minimum of 30 inches in height at time of planting, that achieves 80 percent opacity and a minimum 4 feet in height within one year of planting. 111 Page 7 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx • C. Residential Construction. For residential development,the following shall be required: i. Concrete Masonry Unit construction and stucco, or approved equivalent. ii. Cement or slate tile roof or approved equivalent. iii. Minimum 9-foot ceiling heights within first-floor of units. iv. Concrete pavers at cntrance/exit. III. Land Use Conversion Factors: A. Commercial Only Development: Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), one hotel (maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. B. Mixed Use (Residential and Commercial)Development: The commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. Residential density shall be limited to a • maximum density of 7.3 units per acre, calculated on the gross acreage of the property, exclusive of any commercial portions, for a maximum of 224 multi-family and/or townhouse dwelling units. Page 8 of 16. • C:\Users\ashton_It\AppData Local\Microsoft\Windows\Temporary Internet Files\Conten[.Outlook\SMIUSZQB`PUD Document Final 5-15-15.docx i�_�J Mauve Vegetation and Open Space 1 C-5 ZONING Existing Native Vegetation- 29.77 Ac. GAS Min On-site Native Preservation Raced STATION 20'TYPE"D" WHISTLER S 29.77x16%-4.48Ac. COVE-PUD Min Open Space Req'd(Comm.or Mixed-Use) LANDSCAPE Ac , • 30.68 Spac.20 qu ac # ( \ BUFFER Min Open Space Required(Residential Only) p. 0.68x60%-18.41Ac / JPO // \ . . `crl. \ i O �� 20' TYPE"D" `� �� TRAIL ACRES QwJ `� LANDSCAPE . �o G�,�� \` RSF-�4ZONING 6C044, BUFFER �` 1) 77 'I , 0 200 •• 20 0 c /7 �� TRACT "MU",, MIXED USE `\�, >\\\(........._ , • LANDSCAPE BUFFER , EXISTING 15'U.E' PER LDC REQUIREMENTS ' v~i�` % i ` � DUSTING 15'U.E. ►4i a q\ DEVIATION#2 o- N / WALL LOCATION POTENTIAL L FUTUR d i Z a. • U 0 `4 �. 15'TYPE"B" INTERCONNECTION i 11 z '`._ °ti LANDSCAPE ' � `�' \ \ \BUFFER 15'TYPE"B"- +, Ili 1co w — LANDSCAPE i 0 O BUFFER i ; O = g i `• �� _-_ _ - .\ I ? J d • �\ TRACT "P" ° o •• PRESERVE TRACT ; ; _ n L't ; • Land Use Summary ` 'U. . \ LAKE i I Description Acreage Percent 1 EXISTING 15 . Wired-Use grad MU) 22.06 71,9'/. "• ` EXISTING 16'U.E. '' Lake(Tract L) 4.17 13..6% s ___II Preserve(Tract P) 4.46 14.5% TOTAL 30.88 100.0 `+ EXISTING 1 5'U.E. TRAIL ACRES RSF-4 ZONING MAXIMUM DWELLING UNITS:224 MAXIMUM GROSS FLOOR AREA:260,000 SF,SUBJECT TO LAND USE CONVERSION FACTORS,SEE EXHIBIT B,SECTION Ill. 950 EntersWayVINCENTIAN VILLAGE MPUD ' °A T,01/2014 Naples,FL.34110 �+ �[ Phone:(239)254-2000 MASTER PLAN 'IMAM. 'Ol/Z_Dt! HOLE MON TES Florida Certificate of "r""G+ t AuthorizationNo.1772 EXHIBIT C 3 -m1s • Pae9of16 C:1Useslashton_h44ppData\LocalUviicrosOft\WindOws1Temparary Internet Files\Conteni.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx • 1 1 0 • 1.4.1 �;f� * W 1kt :r> > . 4 1 i `� I-z .— l/ 1.2 i/ Z z 0 i > 1r l_ n o p L___.... ,,k,- „,,,fir. ' / . o Lu -- I o W 0 U M N, N cc Z = a 5d x o W � O O • i * o n .” a N 1IJJ W cz Z I qui 1_w %� N Q • j` k LJ (n �yT O pO p�, - IvO % 0m v ci 1N 1-- O 8"2 1c Q 11) 2 IL1 vF41 Uqq 1��. D W CC o �zs5 a. cc N. z d 2:cI z l_... ..//-i, 3 Lu ui i� Q { I7Q{ c� o Li > Zp , IIIMMOM.M• ow t 5:4, es 4 J W ''' ,/.. * \�� a1 N , '4 %/ u n + 6 ! f- a o d Y .,O Ist o gga 4 0 i •Nmiz , ....,w«v....AM.", v.ppau.u,wwn.•u,.w u.vv..a.....pus u.y u..r.,.....a,w,..vuwu..vuuvvnv,...vv.-.v...t, v.+ vv...w,,...,..I , 5-15-15.docx ' lc EXHIBIT D VINCENTIAN VILLAGE MPUD LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA • (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET, A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. Subject to easements, reservations or restrictions of record. • Page 1,1 of 16 C:\Uscrs\ashton_h1AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MLUSZQB\PUD Document Final 5-15-15.docx t,— ,w6 EXHIBIT E VINCENTIAN VILLAGE MPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1: From LDC Section 6.06.01,N, requiring a minimum right-of-way width of 60 feet for local street rights-of-way, to allow for a minimum 42 foot right-of-way internal to the proposed development. Deviation 2: From LDC Section 5.03.02.H Wall requirement between residential and nonresidential development, which requires, wherever a nonresidential development lies contiguous to a residentially zoned district, that a masonry wall, concrete or pre-fabricated concrete wall and/or fence be constructed on the nonresidential property, no less than 6 feet from the residentially zoned district, to allow the wall to be located more than 6 feet from the residentially zoned district, as generally depicted on Exhibit C, Master Plan. Deviation 3: From LDC Section 5.05.04.D.1 Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-place living environment,to allow a maximum floor area ratio of 0.6 for an Assisted Living Facility. • Page 12 of 16 • C:1Users\ashton_h\AppData\Loval\MicrosoftlWindows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx 411 EXHIBIT F VINCENTIAN VILLAGE MPUD LIST OF DEVELOPER COMMITMENTS PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the MPUD. At the time of this PUD approval, the Managing Entity is Global Properties of Naples, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the MPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. • II: ENVIRONMENTAL The site contains approximately 29.77 acres of native vegetation, of which approximately 37 percent (11.12 acres) is covered with more than 75 percent exotic vegetation. For a commercial or industrial project within the Coastal High Hazard Area, 15 percent of existing native vegetation must be retained (15% of 29.77 acres = 4.46 acres). The preserve as depicted on the Master Plan contains 4.46 acres. For a residential or mixed- use project within the Coastal High Hazard Area, the minimum required is 25 percent, or 7.44 acres (25% of 29.77 acres). Therefore, at time of site development, the developer will either: A. Preserve all required native vegetation on-site (25% for residential only or mixed use, 15% for commercial only development), or B. Preserve a minimum of 15% of native vegetation on-site and mitigate for up to 2.98 acres (7.44 acres — 4.46 acres) of the on-site native vegetation preservation retention requirement off-site, either by monetary payment or by land donation, consistent with the provisions of the Vincentian Subdistrict of the Future Land Use Element of the Growth Management Plan and Section 3.05.07 H.l.f of the Land Development Code. • Page 13 of 16 C:\Userslashton_h1AppData1Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook15MIUSZQB\PUD Document Final 5-15-15.docx fj •ti''t III. TRANSPORTATION • A. Intensity of uses under any development scenario for the PUD is limited to the two-way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips). B. Owner, its successor or assigns, shall convey a road right-of-way easement to Collier County, free and clear of all liens and encumbrances, for the widening of Southwest Boulevard for the purpose of constructing turn-lane improvements to service the Subject Property if turn lane improvements are required as a result of the development. The easement shall be at no cost to Collier County and shall be for the same width and length as the turn-lane improvements being constructed to service the Subject Property. Any required turn-lane improvements at the intersection of Southwest Boulevard and Tamiami Trail East shall be exempt from the compensating ROW provision. Developer shall have the option, so long as the improvements meet Collier County standards and subject to County approval, to construct and relocate the existing County stormwater and utility improvements on the East side of SW boulevard onto the subject property in lieu of any compensating ROW easement. Drainage and utility easements to accommodate these improvements will be conveyed by Owner to the County, at no cost to the County, free of any encumbrances or liens. The utilities and stormwater to be relocated shall only be in the area where the required turn lane improvements servicing the site are to be constructed. II/ C. The owner and developer are responsible for actual construction costs associated with intersection improvements at Southwest Blvd. and U.S. 41 necessitated as a result of impacts from this development and proportionate share for signal upgrades. The owner and developer of Vincentian PUD are only responsible for modifications and intersection upgrades needed as a result of this development, which will not include any cost reimbursement for the traffic signal at Southwest Blvd. and US 41. IV. UTILITIES County water and sewer service is available via transmission mains located along US 41, Southwest Blvd and the eastern boundary of the subject property. The owner and developer are responsible for providing necessary connections to supply the site with County water and sewer service. V. PLANNING A. If the PUD is developed with residential uses only, the project will provide a minimum of 60 percent open space. Otherwise, the minimum open space shall be 30 percent. Page 14 of 16 • C:\Users\ashton_h\AppData\L.ocaI\J licrosoft\Windows\Temporary Internet Files\Content Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx rl I .� • B. The developer of any group housing or retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including, but not limited to, independent living units,assisted living units,or skilled nursing units: Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on-site dining facilities to the residents, with food service being on-site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • • There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulating activities for the residents; • An on-site wellness facility shall provide exercise and general fitness opportunities for the residents; • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by • adding grab bars. C. Landscape buffer easements (LBEs) are shown on the Master Plan within utility easements. At time of SDP, letters of no objection from all utility holders shall be obtained by owner or developer. If such approvals cannot be obtained, LBEs shall be relocated outside of utility easements. D. Tract P, Preserve, where it is dense enough to provide equivalent buffering per the LDC, may count towards minimum buffering requirements. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination,as depicted on the Master Plan, shall be 65 feet. Page 15 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Fiies\ContentOutlook\5MIUSZQB\PUD Document Final 5-15-15.docx E. A 15' Type B Landscape Buffer is required if residential development occurs on • the subject site adjacent to the Hitching Post Plaza property. F. The stormwater lake depicted on the Master Plan(Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. G. The Master Plan is conceptual in nature and is subject to modifications at time of Plans and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting requirements. H. For commercial uses, amplified sound shall not be permitted within 125 feet of the PUD perimeter boundary adjacent to RSF-4 or MH—Mobile Home zoning. In order to further buffer existing and potential new adjacent residential development from noise associated with amplified sound and outdoor dining areas, such areas shall be separated from existing and potential new adjacent residential development by the principal commercial structure and shall not break the side plane of the building. Amplified sound of any type shall be limited to the hours of 7:00 AM to 11:00 PM. These restrictions do not apply to drive-through ordering devices. Any deviation from this standard shall be approved by the conditional use process outlined in the LDC. I. If developed as mixed-use or commercial, at time of the first Site Development Plan, the developer shall provide, to the maximum extent feasible, internal • connectivity through shared parking and cross-access agreements. VI. (EMERGENCY MANAGEMENT If more than 92 dwelling units are constructed, the developer shall provide, prior to issuance of a certificate of occupancy for the 93`d dwelling unit, a new, quiet-running, extended run-time towable 45kw (minimum-kw) generator per Emergency Management's specifications. The towable generator will be a one-time developer contribution based on the number of units permitted at time of SDP to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre- approved by the Department of Emergency Management as the County has certain inter- operable standards and required safety options. VII. GAP HOUSING The Developer shall provide Gap Housing in accordance with the GAP Housing Agreement between the Board of Collier County Commissioners and the Developer. Page 16 of 16 • C:\Users\ashton_h\AppData\LocallMicrosoft\Windows\Temporary Internet Fiks\Content.Outlook\SMfUSZQB\PUD Document Fina) 5-15-15.docx a • FLORIDA DEPARTMENT STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 16,2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention:Anne Jennejohn,Deputy Clerk • Dear Mr.Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-33,which was filed in this office on June 16,2015. Sincerely, Ernest L.Reddick Program Administrator ELR/lb • R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850)245-6270 • Facsimile: (850)488-9879 www.dos.state.fl.us