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HEX Agenda 10/12/2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 10:00 AM ON THURSDAY, OCTOBER 12, 2017 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 T O 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. ADVERTISED PUBLIC HEARINGS: NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. A. PETITION NO. BDE-PL20170000573 – Luke Larson requests a 4.5 foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Land Development Code for a total protrusion of 24.5 feet to accommodate a boat dock facility with one vessel for the benefit of Lot 288, Isles of Capri No. 2 subdivision, also described as 143 Tahiti Street, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl, Principal Planner] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. B. PETITION NO. BD-PL20160003559 – 4011 Belair Lane, LLC requests a 15-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 35 feet, to accommodate a new boat dock facility for the benefit of Lot 88, Southport on the Bay, Unit One, also described as 181 Topanga Drive, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Eric Johnson, Principal Planner] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. C. PETITION NO. SV-PL20170001467 – Equity Piper Naples, LLC requests a sign variance from LDC Section 5.06.04.F.1 to allow a sign separation of 240 feet between two pole or ground signs instead of 1000 feet on a single parcel. The subject property is located at the corner of Piper Boulevard and Cypress Way East in Section 23, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. D. PETITION NO. BD-PL20170000541– David Bautsch requests a 36.46-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 56.46 feet, to accommodate a new docking facility, including a new boathouse, for the benefit of Lot 9, Block F, Replat of Unit No. 3 Little Hickory Shores, also described as 297 3rd Street, in Section 5, Township 48 South, Range 25 East, Col lier County, Florida. [Coordinator: Fred Reischl, Principal Planner] NOTE: This item was continued from the September 28, 2017 HEX Meeting due to Hurricane Irma. E. PETITION NO. PDI-PL20170000247 – Collier Land Development, Inc. requests an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD), Ordinance No. 05 -59, as amended, to add one new deviation relating to signage. The subject property is located on the south side of Tamiami Trail East, approximately one quarter mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±4.34 acres. [Coordinator: Ray Bellows, Zoning Manager] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma and further continued to the October 26, 2017 HEX Meeting. F. PETITION NO. PDI-PL20160003062 – Foxfire Community Association of Collier County, Inc. requests an insubstantial change to Ordinance No. 93-31, the Foxfire Planned Unit Development which amends and supercedes Ordinance Nos. 75-10 and 80-10, the prior Foxfire Planned Unit Development, to show on the Master Plan the parcel lines to the maintenance building parcel known as platted Tract 9 of the Foxfire Unit Three Subdivision at the northwest corner of the project in Tract B Low Intensity Multi-family Residential Development and establish setbacks and clarify the height limitations for the maintenance building. The subject property, consisting of 385+/- acres, is located between Radio Road (CR-856) and Davis Boulevard (CR-83) approximately one mile east of Airport-Pulling Road (CR-31), in Section 1, Range 25 East, and Section 6, Range 26 East, both in Township 50 South, Collier County, Florida. [Coordinator: Fred Reischl, Principal Planner] NOTE: This item was continued from the September 28, 2017 HEX Meeting due to Hurricane Irma. G. PETITION NO. BDE-PL20170001321 – Darren and Jill Martens request approval of a boathouse pursuant to Section 5.03.06.F of the Collier County Land Development Code for the benefit of Lot 22, Block C, of Conner’s Vanderbilt Beach Estates Unit 1, also described as 180 Channel Drive, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Eric Johnson, Principal Planner] H. PETITION NO. BD-PL20170000565 – Jill Gaynor requests a 56-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 76 feet, for a boat dock facility located at 75 Pelican Street W, on the north side of Pelican Street W. approximately one third mile west of Capri Boulevard, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] I. PETITION NO. PDI-PL20170002630 – Pulte Home Company, LLC requests an insubstantial change to the Buckley MPUD, Ordinance No. 14-24, as amended, to reduce the minimum lot area and minimum lot width for single family detached dwelling units. The subject property is located at the northwest corner of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [Coordinator: Timothy Finn, AICP, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN Coi[ier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT PLANNING & ZONING DIVISION DATE: SEPTEMBER 14, 2017 SUBJECT: BD-PL20170000573, LARSON BOAT DOCK PROPERTY OWNER/AGENT: Owner: Thomas Luke Larson 143 Tahiti Street Naples, FL 34113 REQUESTED ACTION: AGENDA ITEM 3-A Agent: Patrick Scheele Turrell, Hall & Associates, Inc. 3584 Exchange Avenue Naples, FL 34104 The petitioner seeks approval to allow construction of a boat dock facility that protrudes 4.5 feet over the permitted maximum protrusion of 20 feet, for a total of 24.5 feet. GEOGRAPHIC LOCATION: The subject site is located at 143 Tahiti Street and is further described as Isles of Capri Number 2, Lot 288. The folio number is 52396080009 (please see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting approval to construct a boat dock facility which extends 4.5 feet beyond the maximum 20 -foot protrusion. BD-PL20170000573 Page 1 of 7 143 Tabiti Street September 14, 2017 HEX 0 /o0 m O U ,W,� F O V �o LL J °l as �r� dpi CL co 0) c c O N M rl- LO O 0 O O 0 N J 0. L N 4 E 7 Z c O V a on AOpp�O-° Qo ®o0pp®4dp��J�1�0@�Q oO va - ©pV 0 /o0 m O U ,W,� F O V �o LL J °l as �r� dpi CL co 0) c c O N M rl- LO O 0 O O 0 N J 0. L N 4 E 7 Z c O V a SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single family house with an existing dock, zoned RSF-4 SURROUNDING: North: A branch of Snook Bay, across which are single-family homes zoned RSF-4 East: A single family house, zoned RSF-4 South: Tahiti Street ROW, across which are single-family homes zoned RSF4 West: A single family house, zoned RSF-4 Aerial rfsubjw properly ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11) of the Land Development Code (LDC), Manatee Protection, is applicable to multi -slip docking facilities with 10 or more slips. The proposed boathouse consists of one boat slip and is therefore not subject to the provisions of this section of the LDC. A submerged resources survey did not indicate any seagmsses. BD-PL20170000573 Page 3 of 143 Tahiti Street September 14, 2017 FLEX A Special Treatment (ST) permit is required for the construction of this dock facility (see ST- PL20170001082, attached). 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 order for the HEX to approve this request, it must find that at least four of the five primary criteria and four of the six secondary criteria under LDC Section 5.03.06.H have been met. Staff has reviewed this petition in accordance with Section 5.03.06 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.) Criterion met. The proposed single dock facility is deemed appropriate in relation to the approximately 60 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 applicant, a 27 -foot vessel requires more depth than is available at the 20 -foot protrusion. 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. The dock is proposed to protrude 24.5 into a 99.5 -foot wide canal, using 24.6 percent of the canal for navigation. 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.) BD-PL20170000573 Page 4 of 7 143 Tahiti Street September 14, 2017 HEX Criterion met. The dock is proposed to protrude 24.6 percent of the canal, leaving 50 percent of the canal as navigable (please see Exhibit labeled Existing Adjacent Docks). There will be no additional impact to navigation. 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. The dock is proposed to maintain 15 -foot setbacks from the riparian lines, allowing navigation of adjacent docked boats. 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 dock, including the required 15 -foot setbacks, permits a 30 -foot wide dock. 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. This petition is provides a slip for a single vessel and storage for personal watercraft. This provides reasonable, safe access without excessive deck area. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The dock is proposed to moor a 27 -foot vessel, less than 50 percent of the 60 -foot linear shoreline. no additional dock area is proposed. 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 view shed of neighboring properties will not be impacted. BD-PL20170000573 Page 5 of 7 143 Tahiti Street September 14, 2017 HEX 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. The Submerged Resources Survey indicates no seagrass beds within 200 feet; therefore, there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a single-family lot 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 five of the remaining five secondary criteria. APPEAL OF BOAT DOCK FACILITY TO THE BOARD OF COUNTY COMMISSIONERS: As to any boat dock facility extension petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board. Such appeal shall be filed with the Growth Management Department Head within 30 days of the action 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 County Attorney's office reviewed this Staff Report on August 30, 2017. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the HEX approve Boat House Petition BD- PL20160000573. BD-PL20170000573 Page 6 of 7 143 Tahiti Street September 14, 2017 HEX PREPARED BY: FREDVISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: / k? ? RAYMO V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE PLANNING & ZONING DIVISION BD-PL20170000573 Page 7 of 7 143 Tahiti Street September 14, 2017 HEX co ger county GmMh Management Department Development Review Division Apd121, 2017 LARSON, THOMAS LUKE 143 TAHITI ST NAPLES, FL 34113 RE: Special Treatment Permit No.PL20170001082 Property ID # 52398080009 Dear Mr. Larson Your request for a special treatment (ST) development permit for the above referenced property has been administratively approved pursuant to section 4.02.14 and 2.03.07.D of the Collier County Land Development Code (LDC). The attached site plan identifies s8e alterations authorized by this pernit. The following stipulations shall apply: 1. Prior to issuance of a certificate of occupancy (CO) all exotic vegetation, as defined in Division 1.08.02 LDC, shall be removed from the property. 2. Permits or letters of exemption from the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers shall be presented prior to issuance of a County building permit. If you have any questions regarding this matter, please feel free to contact me at Phone: (239)-252-2548 or CraigBrown@colllergov. net. Sincerely. VaWdAwfte Rw4ou, DtwW" Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 CALY y Reviewed and Approved For Permit Issuance PL20170001082 0412112017 ce. Clark Turner, 2555 Shumard Oak Blvd, Room 370-0, Tallahassee, FL 32399-3000 0 STATE OF FLORIDA B 6 g E su61FCa A PACffAtt 04: n S p `•� T PA J,u Lei � YYa Tao wa s Ali �e FT,MYERS O — YueO 'a MIA I 0 0 SUCT a FROPEM Ono VICINITY MAP am KEYWE.(S�T ONF(FMIEW R'EROUOFS � N!-' cm COLLIER COUNTY WT SITDADDRESS; �f •'t <>143 TAHRI ST�(. NAPLES, FL 34113 NOTFS.. o THESE DRAWINGS ARE FOR PERMITRNG PURPOSES ONLY a� AND ARE NOT INTENDED FOR CONST RUCTION USE. <>TATTNDE: N3'945.47 <>LONGDTDE: W8104341.77 COUNTY AERIAL Tu<r H &Amociaic0c. LAF2SON DOCK.. Marine &Eo1 Ncowiine Y Y 3584EcchVAva. NapNgFL34193732 LOCATION MAP mAo: aul , f,Tal.Np@pdkQcciiwm Phw:DN16066 Fi R19�N}6D2 SECTIOK62 TOWNSHIP -Z88 RAN(IE92F � I s W zl W� W aL� 2 J Z Z J J J SCAlf iN riT! g g g g a a a a a d rc I 28.T ay m 0S5 ;EXISTINGI TOE OF RIP RAPEXISTING EXISTING SEAWALL DOCK NOM SIT O RFSS: xmlo�rwculsmuLTwuu9vw6L6E5 Pulxuu 143TAHITIST wiwmManwxwttanswxPnuoiOMlW . Wn1B10BII4W(IfSYp:'NAQ4xultume. NAPLES, FL34113 'waaoenaa,m aar.Ie . wnranoxmwue,Eu��t w . E®wGOAMniB181PUGW2WPA Y4 1wN . MOM6W1SIw4Y, MTWtOwMyRXF wS maw.nEr IEM'aM'Ak As IAIN Tulrel�Hall&A�ocia�es,lEc. LARS O N DOCK Mance&Eovim4Ctg ml , 3584E*AvNaple,FL74100732 EXISTING SITE Ns 41 MMS�Or�ME FJIDi P6wm)Rml% Ftt791613 0 U lulil WI a Q co Z W W Q D ? Z y aJ K Q CI tt m aIr 0: rc � 25% WIDTH OF WATERWAY �B + h ry h q 0 p w EXISTING TOE OF RIP RAP EXISTING SEAWALL PROPOSEDDOCK NOTES: gIT6 ADDRPSS: •• �NESEaNnncsuaravEv�umNcw�saarwo a�NmiNluaoroNautpiapmE 143 TAHITI ST numnu:NanwxEecasAaeawaorouw • wniFA aPfXafpAIESTa, Tm�4XwL4A1mL' NAPLES, FL 34113 wartxamu�x¢¢ aanu • MU'AttGMNmSAVENNFPDP%lia p • DSNL aHM1RPSI&CIUEy14aSj twk • womawalmwAr,urwaouuWPm{ r9 • mw wrvw uw4awv' .aa uu Tmnll, Hall & Associalcs, luc. LA R S O N DOCK„ !a ��aTY � Marine &Eovionmeatai Coag hS �„ . 3584FacbmgeAve. Naples•P1,34193732 PROPOSED WITH DEPTHS �M, maw w m4ou¢bas hmm PdmepRM166 Fups�a4uNt _.,., .,... S MOWM TOWNSHIP -PSS PAN ME 9g J'CrtE7h'TiP1 C g� a B �--12.3' �- 12' 3' PROPOSED ANGLED ROPE RAIL PLATFORM PROPOSED DOCK PROPOSEDLIFT EXISTING SEAWALL ALL PILES TO BE WRAPPED WITH PVC FROM 0.5 BELOW -4 3 BOTTOM TO I.DABOVE MHW • n4swamN[sua EOARRl411NGpIAPo5F30NrN0 nENmwmeEDroecaeWvenoxuss • NLGRmlYKKMHfRWI$Nf{EAENLNrO LLW • EUfkYtlYMIESYpF YOD,ii41FG00.Y9AMXD,K• •axnronrtD. osuron N%YINIMWIFD5x0FFlWE�AW%if. M • EYM7WAIMWAY,"T0MF�F%SM 1S • yryplN[:WAIEPWAY.YNIiONHNURKr S.S' ouDAw N.wNtarop •IN Nww�xerop xe • wKPo9®O+ESYgEi51W1DRTFIN➢Va9fY m rmuRMII AFRWUAgE(mWAaEY m • roixwromwroxrsaNwM�. asn Turrell Hall&Associates I9c. �NNrD " ` ^� °°° Marine @EBvuonm¢o al Cousulgog LA R S O NDOCK... ; %Eachanpk. NaphFL341043132 QRQ$$ Q'j�QN aHtIR uau c 6mil'.Nri`wff4 . RmspP)64A19 fm(2N)6IM SECTION -52 TOWNMR.BS `-ffiE 0 LARSON DOCK 143 TAHITI STREET NAPLES, FL 34113 SUBMERGED RESOURCE SURVEY MARCH 2017 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 143 TAHITI STREET SUBMERGED RESOURCE SURVEY MARCH 2017 0 1.0 INTRODUCTION At the request of Collier County, Turrell, Hall & Associates, Inc. (THA) conducted a Submerged Resource Survey (SRS) at 143 Tahiti Street, Naples, Florida 34113 (folio #52396080009). The property is located on the south side of Isles of Capri between the Marco River and Tarpon Bay. The property is located in Section 32, Township 51 South, and Range 26 East. The upland portion of the property consists of a single-family residence with an existing docking facility. THA was contracted to provide environmental permitting services and one aspect of the services being a Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to any proposed project. The SRS was conducted on March 10, 2017. Light winds and mostly sunny skies resulted good weather conditions however the underwater visibility only ranged from 4-6 inches. Surface water conditions on this day were relatively calm which also helped to provide good environmental conditions for the survey. The water temperature was 70°F. Low tide occurred at 5:32 A.M (-0.4') and high tide occurred at 12:23 P.M (2.2') on the date of the survey. 0 2.0 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged vegetation or other natural resources within 200' of the proposed docking facility. The survey provided onsite environmental information to help determine if a proposed project would impact any existing submerged resources. The general scope of work performed at the site is summarized below. • THA personnel conducted a site visit and snorkeled transects within the vicinity of the subject property, verifying the location of any submerged resources. THA personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • THA personnel delineated limits via a handheld GPS (Garmin Model 78C). 3.0 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover the entire property shoreline. The components for this survey included: Page 1 of 5 143 TAHITI STREET SUBMERGED RESOURCE SURVEY MARCH 2017 • Review of past permits and surveys completed to determine extents of any previously located submerged resources 0 • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 5 -feet apart within the footprint of the proposed docking facility as shown on the attached exhibit. Since the majority of the surveyed area was in and around the existing docking facility and small mangrove area both providing easily identifiable reference markers, which assisted in locating the transects and keeping them consistent throughout most of the survey area. One biologist swam these transects using snorkel equipment throughout the entire surveyed area. The other individual stayed on the dock and assisted with compiling notes and documenting findings on aerials. Submerged resources were located, photographed, and documented. The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. The findings are shown in the Exhibits section. 4.0 RESULTS The substrate found within the surveyed area is a silt muck with very little if any shell debris. This substrate was found throughout the entire surveyed area. There were scattered clumps of oyster debris in and around the small mangrove along the seawall shoreline, however there were no living shells. There were barnacles located on the existing dock piles, mangrove roots, and face of seawall, however, findings were minimal. Also observed were a few different fish species observed during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1— Observed Fish Species Common Name Scientific Name Sheepshead Archosargus probatocephalus Striped Mullet Mugil cephalus Mangrove Snapper Lu Janus griseus • Page 2 of 5 143 TAHITI STREET SUBMERGED REsoURCE SURVEY MARCH 2017 The majority of the survey area exhibited the silt muck bottom that did not have 10 significant submerged resources. The lack of submerged resources is most likely due to the overall water quality within the man-made canal as well as the loose nature of the substrate. Seagrasses generally require a sandier substrate and more salinity to recruit and persist. • 5.0 CONCLUSIONS The submerged resource survey at the site yielded a few findings mostly in and around the existing dock and mangrove roots. The scattered oyster debris was observed along the mangrove fringe and the barnacles were growing on dock piles and face of the seawall panels. Negative impacts to these submerged resources are not expected as the project is being proposed. Page 3 of 5 0 143 TAHITI STREET SUBMERGED RESOURCE SURVEY MARCH 2017 [a oGng dor lc PJe.. @.euaiv�lf. Page 5 of 5 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Thomas Luke Larson 1 Thomas Luke Larson (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerQapplicant=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. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action, 5. Well authorize Turrell. Half and Associates Inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. n `Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. Pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then • use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER 4he-foregoing in trument w s sworn to (or affirmed) and subscribed before me on ' 1 (date) by } S ' �� 17 (name of person providing oath of affirmation), as who is personally known a or ho has produced ! t -(r� �lcit—hl (type of identification) as identification. i STAMPISEAL Signat a of Notary Public LAURA G. KNECHTEL MY COMMISSION # GG 039128 EXPIRES: November 9, 2020 N �• t,,+ Bonded Thru Notary Pubk Underwr4ere CP108-COA-00115\155 REV 3/24/14 Collier County COLLIER COUNTY GOVERNMENT •GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-5724 • LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) ISLES OF CAPRI NO 2 LOT 288 S32 T51 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 52396080009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 143 TAHITI ST. Naples. FL. 34113 • 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) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) Larson Dock PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing@colliergov,net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel Prior to ore -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 Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑s 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) ❑ SIP] (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) • ❑ RZ (Standard Rezone) ❑ OTHER • LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) ISLES OF CAPRI NO 2 LOT 288 S32 T51 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 52396080009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 143 TAHITI ST. Naples. FL. 34113 • 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) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) Larson Dock PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # cAiVe,- county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (2391252-2400 FAX (239) 252-5724 Projector development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑ Email ❑ Fax Applicant Name: Turrell, Hall & Associates - Patrick Scheele Phone: 2396430166 Email/Fax: patrick@THAnaples.com ❑ Personally picked up Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 52396080009 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ V".. Date: 12/2/2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED L • �r. , Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239( 252-2400 Pre -Application Meeting Notes 11 Petition Type:�r/ 9 �'X%2%tJ$ iC7N Date and Time: .Z 2.-// 7 Assigned Planner: J+rlEs Engineering Manager (for PPL's and FP's): Project Information Project Name: — L.A�.SC.� FiCJC� T�✓lam PL #:l i^"' -T "--^�^ PL201700t0005573 Property ID N: / Current Zoning: j,_✓� N IT /`4� J Project Address: �_ I�_ 3-/n�t6 D -&-E; City: _ State: _ Zip: Applicant: T/Le ( r 'lhiiioc � L— Agent Name: 1ezJQQ E-r2S Phone: • Agent/Firm Address•(Ar-v�City: State: _ Zip: Property Owner: Please provide the following, if applicable: I. Total Acreage: ii. Proposed # of Residential Units: ill. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 L 0 Meeting Notes Z4/jPA,C o/" 1111241" pN �F*4�AAT. Co&r County ,•,,,.•".�,,..�� -'mer COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting andinaI Submittal Requirement Checklist for: Dock Extension Boathouse Chapter 3 B. of the Administrative Code The fonowing 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 REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) 6 Signed and Sealed Survey Chart of Site Waterway 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 6 [] El 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 El Completed Addressing Checklist El Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials .14X El to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 6 of 7 • • • • • Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Environmental Review: See Pre -Application Meeting Sign -In Sheet Addressing: Annis Moxam Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review ❑Comprehensive Planning: See Pre -Application Meeting Sign -In Sheet E] immokalee Water/Sewer District: Conservancy of SWFL: Nichole Ryan Parks and Recreation: Vicky Ahmad El I County Attorney's Office: Heidi Ashton-Cicko Transportation Pathways: Stacey Revay ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Heartlock Ll Engineering: Alison Bradford Transportation Planning: John Podczerwinsky ❑ Other: ❑ I Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: Boat Dock Extension Petition: $1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $Qi"e /?"Z5 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 GOlL1eY CAT4Hty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PLMPLM: �LZD%i(�YJQP�S2� Collier County Contact Information: Name Review Discipline Phone Email ❑ Chris Alcorn Utili Blllin 821-8136 chrisalcom@collie ov.net ❑ David Anthony Environmental Review 252-2497 dwidanthon @colliersov.net ❑ Summer AraOue Environmental Review 252-6290 summerbrownara ue@wiiierpy.net ❑ Steve Baluch, P.E. Transportation Planning 252-2361 Ste henBaluN@collie ov.net ❑ Laurie Beard Tran ortation Pathways 252-5782 Lauriebeard@collie ov.net Rachel Beasle Zoning Services 252-8202 rach.lbeasley@collier ov.net Ll Marcus Berman County Surveyor 252-6885 MarcusBerman@wlliergm.net ROW Permitting252-5165 markbunchin@colliergov.net Casco Utilityfilling 252- 543 georgecascio@colliergov.net hton Ocko Mana in Asst. Coun Attorney 252-8773 heidiashton@colliergov.net kner gftnqrtchin Comprehensive Plannin 252-5715 suefaulkner@colli ov.net North Naples Fire 597.3222 dalefey@collier ov.net ishman Im act Fee Administration 252-2924 paulaflundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@wlliergov.net ❑ Sharfflngson East Naples Fire District 687.5650 shin on@ccfco.or ❑ John Houldsworth Engineering Services 252-5757 Johnhouldsworth@wlliergm.net ❑ Jodi Hughes Transportation Pathwa s 252.5744odihu hes@collie ov.net C1Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahum ries@colliergov.net ❑ Eric Johnson, AICP,CFM Zonin Services 252-2931 ericjohnson@wlliergm.net Marcia Kendall Comprehensive Planning252-2387 marciakendall@collierR�.net Ste hen Umbe er Environmental Review 252-2915 stevelenberger@collie ov.net ❑ Garrett LouviereStormwater 252-2526 arrettlouviere@collier ov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colli ov.net ❑ Thomas MastrobertoFire Safety 252-7348 Thomas mastroberto@wllle ov.net ❑ Jack McKenna, P.E. En ineerin Services 252-2911 ackmckenna@collie ov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@collie ov.net ❑ Gilbert Moncivalz Utility Impact Fees 252-4215 ilbertmnciveiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annlsmoxam@colie ov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 SterfameN.wrockWcoffiergow.net ❑ Jessica Huckeba CAD Technician 252-2315 JessicaMuckeba@colliegov.net ❑ Brand Otero Transit 252-5859 brandyotero@collie ov.net >wr-o-'-TkA, J vi, -t- S • C 1 • J CJ • • .l '`r"�-y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252.2400 ❑ Bill Pancake North Naples Fire 597-3222 billpaneake@colliergov.net ❑ Brandi Pollard UtilltV Impact fees 252-6237 brandipollard@cofllergoy.net ❑ Fred Reischl, AICP ZoningServices 252-4211 fredreischl@collie ov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colllergm.net ❑ Edwin Sanchez Fire Review 252-7517 edwinsanchez@wllie ov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaelsa er@wllie ov.net ❑ Co Schmidt, AICP Comprehensive Planning252.2944 w schmidt@wlliergm.net ❑ Chris Scott, AICP Planning and Zoning 252.2460 chrincott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 PeterShawinskyliDwIllergov.nat Ix Daniel Smith, AICP Zoning Services 252-4312 danlelsmith@wlltergoy.net ❑ Ellen Summers Planningand Zoning252-1032 EllenSummeu@colliergov.net Scott Stone Assistant County Attorney 2524400 scotUtone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net 0 Chad Sweet Transportation 252-5687 chadsweet@collierogy.net ❑ Mark Tem leton Landsca a 252-2475 me mpleton@colliergm.net ❑ Jon Walsh Building Review 252-2962 lonathanwaish@wlliergm.net ❑ David Weeks, AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net ❑ larsom Wilkie Environmental Review 252-5518 kirstanwflkle@colliergov.net ❑ Christine Willoughby Plannin and Zonin 252.5748 ChdstineWillou hb @collier w.net Additional Attendee Contact Information: Name Representing Phone Email -�e. ` . c— tn 1 Sv ctil �ur211 aD d /} it 4i -al "' ir; IIA P AGENDA ITEM 3-B Coil'ier County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 14, 2017 SUBJECT: 181 TOPANGA DRIVE; BD-PL20160003559 PROPERTY OWNER]APPLICANT: AGENT: 4011 Belair Lane, LLC Jeff Rogers 4629 Crossfield Circle Turrell, Hall & Associates, Inc. Louisville, KY 40241 3584 Exchange Avenue Naples, FL 34104 REOUESTED ACTION: The applicant is requesting a 15 -foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code (LDC) to allow a total protrusion of 35 feet in order to accommodate a new boat dock facility on a parcel zoned Lely Barefoot Beach Planned Unit Development (PUD). GEOGRAPHIC LOCATION: The subject site is located at 181 Topanga Drive. The site is further described as Lot 88, Southport on the Bay, Unit One in Section 6, Township 48 South, Range 25 East, Collier County (see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to allow an extension for a boat dock facility that protrudes 35 feet into the waterway in order to accommodate a 35 -foot long vessel. BD-Pt20160003559 181 Topanga Dnve Pagel of8 August 31, 2017 PROJECT LOCATION Location Map Petition Number: PL20160003559 Zoning Map SITE LOCATION FIT y� ®a P0 �mm �4 m PP aae� Petition Number: PL20160003559 Zoning Map SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site. North: Little Hickory Bay South: Right-of-way for Topanga Drive, zoned Lely Barefoot Beach PUD East: Vacant lot, zoned Lely Barefoot Beach PUD West: Vacant lot, zoned Lely Barefoot Beach PUD BD-PL20160003559 181 Topanga Drive Page 3 of 8 August 31, 2017 ENVIRONMENTAL EVALUATION: The proposed dock will be traversing through the existing mangrove shoreline vegetation, which is a platted Conservation Easement (CE) that allows for a path to traverse the CE. A submerged resources survey, provided by the applicant, did not identify any seagrass or seagrass beds within 200 feet of the proposed project. In addition to the submerged resources survey provided, surveys for other boat docks in the area have indicated that no seagrass beds exist in this area. The depth and light penetration characteristics are not conducive to seagrass beds. Therefore, the applicant provided sufficient information to recommend approval of the petition. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met BD-PL20160003559 181 Topanga Drive Page 4 of 8 August 31, 2017 Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed facilities will consist of one boat slip, which is appropriate in relation to the 101.45 feet of shoreline. 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. The drawing in the applicant's support material labeled Cross Section shows that the bottom portion of the boat lift at the mean low water line (MLWL) would result in a small gap between the boat lift cradle and the bottom of the canal floor. This drawing demonstrates that the proposed 35 -foot protrusion into the waterway represents the minimum extension necessary. 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. The applicant stated, "The proposed docking facility will not have adverse impacts on navigation within the adjacent waterway, which is not a marked channel." Staff concurs. 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 not met. The drawing in the applicant's support material labeled Docks in Canal Dimensions shows the waterway is 112 feet wide at MHWL. The drawing also shows that vegetation is present along the shoreline of the subject property as well as the along the shoreline of the property located on the opposite side of the waterway. The presence of this vegetation serves to further reduce waterway navigability. The drawing does not indicate the percentage of the dock protrusion into the waterway; however, based on the distances provided on the drawing, staff estimates it would be approximately 31%. This protrusion would exceed the maximum allowed which is 25%. BD-PL20160003559 181 Topanga Drive Page 5 of 8 August 31, 2017 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. The drawing in the applicant's support material labeled Proposed Aerial shows the proposed dock would be at least 25 feet from both the east and west riparian lines. The drawing in the applicant's support material labeled Docks in Canal Dimensions shows the closest dock, located on the opposite side of the waterway, would be 76 feet away from the proposed dock. This spacing is more than adequate. 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 property has an irregular-shaped shoreline and a CE dedicated landward of the property line and MHWL. The drawing in the applicant's support material labeled Proposed Aerial shows that vegetation exists seaward of the CE. The irregular shoreline and the presence of mangroves count as special conditions not involving water depth for this proposed dock facility. 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. The drawing in the applicant's support material labeled Proposed Site shows that most of the deck area would be four feet in width. Wider areas are proposed in the corners; however, it is staff's opinion that the proposed dimensions and configuration of the deck area are reasonable and meet the intent of this criterion. 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. The application indicates the length of the vessel would be 35 feet, which is less than half of the property's shoreline frontage of 101.45 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 facility will be setback from the riparian lines in accordance with the requirements of the LDC. The drawing in the applicant's support material labeled Docks in Canal Dimensions shows that the proposed facility will be comparable to the others along the same waterway. The drawing labeled Cross Section depicts the aluminum support BD-PL20160003559 181 Topanga Drive Page 6 of 8 August 31, 2017 beams of the boat lift. While not indicated on the drawing, staff understands these pilings would not exceed nine feet above the MHWL. As such, it is staff's opinion the view shed of neighboring properties will not be impacted to the extent that this criterion would not be met. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exists within the footprint of the dock. No seagrass beds will be impacted by the proposed dock facility. 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 provisions of the Collier County Manatee Protection Plan do not apply to individual docks behind individual residences. Staff analysis finds this request complies with four of the five of the primary criteria and five of the six secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner 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 Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30 -day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on August 30, 2017. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BD- PL20160003559 with the stipulation that the issuance of a certificate of completion for the dock facility shall not precede the issuance of a certificate of occupancy for the dwelling (principal structure). Attachments: A) Support Material Provided by Staff B) Application & Support Material BD-PL20160003559 181 Topanga Drive Page 7 of 8 August 31, 2017 PREPARED BY: ERIC L O SON, AICP, CFM PRINCIPAL PLANNER DATE ZONIN VISION REVIEWED BY: A� -6[31& RAYM V. BELLOWS, ZONING MANAGER JJATE ZONING DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION BD-PL20160003559 181 Topanga Drive Page 8 of Petition No. PL20160003559 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS 1. I hereby certify that pursuant to Subsections 10.03.05.13.8 and 10.03.05.13.10 of the Collier County Land Development Code, I did give notice of the public hearing before the Collier County Hearing Examiner (HEX) scheduled for September 14th, 2017 by U.S. mail to the affected property owners at the addresses provided to me by the Collier County Property Appraiser's Office on August 25th, 2017. A copy of the list of addresses from the Collier County Property Appraiser's Office is attached to this Affidavit. 2. Copies of the letters mailed to the affected property owners are attached to this Affidavit. Dated this 2/ �2 day of 2017. Signature Print Name S Mo -,-3 r;�v6 Print Title 1 of 2 STATE OF FLORIDA ) ) SS COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida, personally appeared te- (-who is personally known to me or produced as identification, and under oath stated that the above is true and correct and to the best of his/her knowledge. DATED this day of av, 2017. 2 of 2 �Notary, State of Florida --' vie Notary Printed Name .. J`. JEANINE CHAPP ... Notary Public. State of Florida =;` �"—'•�� My comm. expires Jan. 27. 2018 COmmitsiOA Number FF 87003 My commission expires: I 2 of 2 �Notary, State of Florida --' vie Notary Printed Name COLLIER COUNTY Growth Management Department August 25, 2017 Dear Property Owner: This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet (urban areas) or 1,000 feet (rural areas) of the following described property, Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on September 14th, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. BD-PL20160003559 — 4011 BELAIR LANE, LLC REQUESTS A 15 -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 35 FEET, TO ACCOMMODATE A NEW BOAT DOCK FACILITY FOR THE BENEFIT OF LOT 88, SOUTHPORT ON THE BAY, UNIT ONE, ALSO DESCRIBED AS 181 TOPANGA DRIVE, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. You are invited to appear and be heard at the public hearing. You may also submit your comments in writing. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEX AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE HEX SHALL BE SUBMITTED TO THE COUNTY STAFF MEMBER NOTED BELOW A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HEX WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. Any person who decides to appeal a decision of the Collier County 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact the staff member noted below at (239)-252-2931 to set up an appointment if you wish to review the file. Sincerely, ak jO&tbM Eric Johnson Principal Planner PROJECT LOCATION a jr - Location Map SITE LOCATION Petition Number: PL20160003559 Zoning Map ODm � ® e �° f1i� � � ® et• A OJ eo',® ®" PUD„ a ® M. ease 0 m warm �� Q' n Q EDQ n Q A 100 ® e TRACT B ql a ( ® m m ro et ® Q o ®®®� as U Petition Number: PL20160003559 Zoning Map JohnsonEric From: Sent: To: Subject: Good morning Mr. Johnson, Holm, Ashley E LT <Ashley.E.Holm@uscg.mil> Thursday, August 17, 2017 8:55 AM JohnsonEric RE: Collier County Boat Dock Extension (181 Topanga Drive) No, this channel is not marked with CG Aids to Navigation and looks to be recreational. Thanks! V/R, LT Ashley Holm Ports and Waterways Branch Chief USCG Sector St. Petersburg 155 Columbia Drive Tampa, FL 33606 813-228-2191 x8105 -----Original Message ----- From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Wednesday, August 16, 2017 11:38 AM To: Holm, Ashley E LT Subject: [Non-DoD Source] RE: Collier County Boat Dock Extension (181 Topanga Drive) Lt. Holm, Is this a marked or charted navigable channel? Respectfully, Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner -----Original Message ----- From: Holm, Ashley E LT [mailto:Ashley.E.Holm@uscg.mil] Sent: Wednesday, August 16, 2017 8:03 AM To: JohnsonEric <EricJohnson@colliergov.net> Subject: RE: Collier County Boat Dock Extension (181 Topanga Drive) Good morning Mr. Johnson, I see no issue with the dock extension at this location. This looks to be recreational. Thanks! V/R, LT Ashley Holm Ports and Waterways Branch Chief USCG Sector St. Petersburg 155 Columbia Drive Tampa, FL 33606 813-228-2191 x8105 -----Original Message ----- From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Tuesday, August 15, 2017 2:12 PM To: Holm, Ashley E LT Subject: [Non-DoD Source] Collier County Boat Dock Extension (181 Topanga Drive) Lt. Holm, Good afternoon. The property owner of 181 Topanga Drive is requesting a boat dock extension. See below. The subject property is located within NOAA 11426. I copied a portion of the applicable map for your convenience. When evaluating requests for boat dock extensions, staff is tasked with providing a written response to the following criterion: 1. 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.) Is this a marked or charted navigable channel? Subject Property 181 Topanga Dr Approximate Location Respectfully, Eric L. Johnson, AICP, CFM Principal Planner Collier County Growth Management Department Zoning Division - Zoning Services Section 2800 Horseshoe Drive North Naples, FL 34104 (239) 252-2931 office (239) 252-6503 fax LEED GA Color Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. JohnsonEric From: Jeff Rogers <Jeff@thanaplescom> Sent: Wednesday, August 16, 2017 4:59 PM To: JohnsonEric Subject: RE: 181 Topanga Dr Eric, The tallest piles are typically the boatlift piles with support beams which would be approximately 6.6' above the proposed deck elevation. Typically overall height for boatlift and support piles from MHWL would be 9' Regards, Jeff Rogers Project Manager Turrell, Hall & Associates, Inc. Marine & Eovim ntal Cuasu ting 3586 Exchange Ave. Sw. B. Napks, FL 34104-3732 Phone:(239) 6434HM F.:(239) 643-6632 Web: www,=Il.associaws com �3. Turrell, ball & A=iate Inc marine environmencio x.E n c Y 11" T1111TT� Ill 1 t . s c - Al N 1 M W NA C.MeN.N O .P EP.POP, IIOT-PY LF RY I J.EfFOe . ¢OAlF11 irNP.N ",OP AL i'.. EP.E P 1 E AIDP.[.. PNP AT 1IV. i From: JohnsonEric[mailto:EricJohnson@colliergov.net] Sent: Wednesday, August 16, 2017 3:53 PM To: Jeff Rogers <Jeff@thanaples.com> Subject: FW: 181 Topanga Dr Jeff, Thank you for responding to my question. As a follow up question, is the tallest pile associated with the boat lift? If so, what will be its maximum height, measured from MHWL? Respectfully, Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner From: Jeff Rogers [mailto:Jeff@thanaoles coml Sent: Wednesday, August 16, 2017 3:20 PM To: JohnsonEric <EricJohnsontacolliergov net> Subject: RE: 181 Topanga Dr The vessel shown is floating at MLW elevation Regards, Jeff Rogers Project Manager Turrell, Hall & Associates, Inc Marim&EnNronm ud ComWting 35M Exchange Ave. 8[e. B. NVIl ,FL 3410.1-3732 Phare: (239) 643-0166 F.:(239) 643fi632 Web: www tumll-associates co ails—u11t f�SSO� 8C �Vomenul Cate$ Inc W ory��1Xc.vl Ola to T4IF 11 sED A aer�Tc eF EF 1 E,SAW. Is No. ] le F P'Flli I. 1 10 116 .MENDEN R nil, Y E XFIE11 11AT ANV LED 91P'1 XIS �GnMINTPt N ,N ERR,R, 11F Ibi FY . T,1 F_wl 11JT 1" "1117111,1. IE OAGI T1 IT, 11 IF 1111. _Ext 1,, E..PPNEE. From: JohnsonEric [mailto:EricJohnson�colliereov netnet Sent: Wednesday, August 16, 2017 11:50 AM To: Jeff Rogers <Jeff_@ plthanapplles.com> Subject: 181 Topanga Dr Is the boat shown floating at MI -IW or MLW? CONSERVATION SECTION A -A c EASEMENT LINE �--- � rase �.r ree- r 3S' FROM PROPERTY LINE d MI 35 -f- a' --�-- 14•8 PROPOSED FIXED I PROPOSED F ACCESS WALKWAY I O I� 11 l �II VMLW oa(ruVl � uLwosvlNA ALL PILES TO BE WRAPPED FROM 6' BELOW SUBSTRATE TO 12' ABOVE MHW Turrell. Hall& lCta,Inc,OCK IFABRIZI D r� s all & Aiaramc c 1sY+tukwWAve %qk FL )4I"IA• CROSS SECTION !d >rrre+..nwtw Mt!MMtO1M Int`-R�M4Ml` Respectfully, Eric L. Johnson, AICP, CFM Principal Planner Collier County Growth Management Department Zoning Division — Zoning Services Section 2800 Horseshoe Drive North Naples, FL 34104 (239) 252-2931 office (239)252-6503 fax 3 iM Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. FABRIZI DOCK PL20160003559 181 TOPANGA DRIVE NAPLES, FL 34134 AUGUST 2017 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 UPDATED BDE APPLICATION 0 0 0 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 w .colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre -application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre -application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre -application meeting the pre -app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock • Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. • After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 2/28/2017 Page 1 of 7 Co ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 2S2-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): 0 DOCK EXTENSION [] BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): 4011 Belair Lane LLC Address: 4629 Crossfield Circle city: Louisville State: KY ZIP: 40241 Telephone: Cell: 239-209-3999 Fax: E -Mail Address: Ezio@distinctivedevlopmentgroup.com • Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave city: Naples state: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239-784-0081 Fax: 239-643-6632 E -Mail address: Jeff@THANaples.com PROPERTY LOCATION Section/Township/Range: 06 48 25Property I.D. Number: 74435007604 Subdivision: Southport on the Bay Unit: 1 Lot: 88 Block: Address/ General Location of Subject Property: 181 Topanga Drive Current Zoning and Land use of Subject Property: Lely Barefoot Beach PUD / single-family residential, duplex residential, etc. • 2/28/2017 Page 2 of 7 L 1I 1' u C� J Co tier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The proposed work entails the construction of a new single-family fixed docking facility that is approximately 595 square feet of poor water structure with ane optional boat lin. The proposetl dock will protrude approximately 35 -feet from the most a stncliva point into a waterway that IS approximately 112-festwoomom MHWLto MHWL. The applicant is requesting for a 15 -toot extension from the allowed 20 -feet. SITE INFORMATION 1. Waterway Width: 112 ft. Measurement from ❑ plat ❑ survey ❑ visual estimate K other (specify) aerial 2. Total Property Water Frontage: 101 45 ft. 3. Setbacks: Provided: 25&25 ft. Required: is&15 ft. 4. Total Protrusion of Proposed Facility into Water: 35 ft. S. Number and Length of Vessels to use Facility: 1. 35 ft. 2. 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: There are numerous other docking facilities on Little Hickory Bay and surrounding waterways, all of which protrude approximately 20' to 50' out into the same waterway 2/28/2017 Page 3 of 7 Zoning Land Use N A -ST Hickory Bay S Lely Barefoot Beach PUD Right-of-way for Topanga Drive E Lely Barefoot Beach PUD Lot 87 (Single-family Residential) W Lely Barefoot Beach PUD Lot 88 (Single-family Residential) DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The proposed work entails the construction of a new single-family fixed docking facility that is approximately 595 square feet of poor water structure with ane optional boat lin. The proposetl dock will protrude approximately 35 -feet from the most a stncliva point into a waterway that IS approximately 112-festwoomom MHWLto MHWL. The applicant is requesting for a 15 -toot extension from the allowed 20 -feet. SITE INFORMATION 1. Waterway Width: 112 ft. Measurement from ❑ plat ❑ survey ❑ visual estimate K other (specify) aerial 2. Total Property Water Frontage: 101 45 ft. 3. Setbacks: Provided: 25&25 ft. Required: is&15 ft. 4. Total Protrusion of Proposed Facility into Water: 35 ft. S. Number and Length of Vessels to use Facility: 1. 35 ft. 2. 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: There are numerous other docking facilities on Little Hickory Bay and surrounding waterways, all of which protrude approximately 20' to 50' out into the same waterway 2/28/2017 Page 3 of 7 Co ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: 1239) 252-6358 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? 024 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? n Yes n No If ves, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 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.) 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.) 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.) 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.) 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.) • 2/28/2017 Page 4 of 7 The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular • Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 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.) Response: The total waterfront length for this property is 101 -ft. The zoning and upland land use is single family residential which warrants no more than 2 slips per CC -LDC; the current proposed dock design has 1 boat slip. 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.) Response: See attached survey/drawing illustrating the existing water depths, mangrove/vegetation line which is within the Conservation Easement (CE) located along the subject property shoreline. There are two factors that are driving force for the required BDE which are due to the shallow water depths and • the mangrove shoreline. The mean high water line (MHWL) is the most restrictive point but due to limitation of removing or trimming the mangroves and the shallow water depths the dock is being proposed in the only location that will allow for safe ingress/egress to the proposed slip. 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.) Response: The proposed docking facility will not have adverse impacts on navigation within the adjacent waterway, which is not a marked channel. The proposed docking facility is located within a canal where minimal to no navigation occurs other than local residence. The entire waterway is used for navigation as there are no navigational markers indicating the exact thread of navigation. The proposed docking facility provides adequate space for navigation through this waterway and the properties across the waterway already have docking facilities which are not directly across from the proposed dock. This will ensure there will be adequate space for navigation. 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.) • Response: The proposed docking facility protrudes approximately 35 -feet from the MHWL into a waterway that is approximately 112 -feet wide from MHWL to MHWL. This correlates to approximately 32% width of waterway therefore, the dock does not maintain the required percentages based on the criteria. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not inL-rf with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide 32.5 -feet clearance to any neighboring dock that • would be constructed on either adjacent property's shoreline. These clearances both provide adequate space for a dock to be built and still provide safe ingress/egress for the typical sized vessels within little Hickory Bay. • • • _5ater County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 341D4 www.colliergox.net (239) 252-2400 FAX: (239) 252.6358 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 beat least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagmss 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.) 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.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.061 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 2/28/2017 Page 5 of 7 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.) Response: The proposed docking facility design was mostly driven by the presence of the Conservation Easement (CE) and associated mangrove shoreline vegetation. The CE being located along the entire shoreline is the one special condition other than water depths driving the dock design to protrude out past the mangrove fringe therefore requiring the BIDE approval. 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.) Response: The proposed dock facility has been minimized to the fullest extent possible and still provide adequate and safe access to and from the vessel. The proposed docking facility size and design are consistent with the surrounding area. 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.) Response: The proposed docking facility has been designed to only moor one vessel up to 35 -feet which is less than 50% the subject property's linear waterfront footage. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view is of either property owner.) Response: The proposed dock facility will provide one boatlift that will not have a major impact on the waterfront view of either neighboring property. The proposed docking facility is consistent with others on this canal and will not affect neighboring properties view of the waterway. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.061 must be demonstrated.) Response: There are no seagrass beds present on the property nor the neighboring properties within 200' of the existing dock structure. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. 40 • • • Coer County COLLIER COUNTY GOVERNMENT 29M NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coliiergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklirt for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and 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 NOT REQUIRED Completed Application (download current form from County website) 6 Signed and Sealed Survey ❑ ❑ ❑ Chart of Site Waterway Site Plan Illustration with the fotlowing: • 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 6 ❑ ❑ 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 ❑ ❑ Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials 1 ❑ ❑ 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. 2/28/2017 Page 6 of 7 Couftty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colifergov.net (239) 252-2400 FAX; (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: FEE REQUIREMENTS: ❑ Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 ❑ An additional flee 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. l understand that failure to include all necessary submittal information may result in the delay of processing this petition. iLv Signature o Petitioner or Agent Date 6/3/2014 Page 7 of 7 C C&.q � t • • AFFIDAVIT OF AUTHORIZATION 0 0 aw if AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) • lQ (print name), as s A4...+ beC (title, if applicable) of LLL (company, If a ilcable), swear or affirm under oath, that I am the (choose one) owner ppllcant0contract purchaserrland 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 Devolppment Code: 2. All answers to the gV#stlona in this applicalligm and any sketch$$, dote or other supplementary matter attached hereto and mads a part of thio application are honest and true: $. 1 have authprized the staff of Qolllar County to anter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this appllcstion: and that 4, The property will by transferred. conveyod, sold or. subdivided subject to the conditions and restrictions impose b th opprovod a tion. 5. We/! authorize paQr.S 7 a'kk. �� �,^ cV& to act as our/my representative in any matters regarding'.t Is tition i , luding i through 2 above. "Notes: If the applicant la q corporation, then I is usually executed by the corp. pnM. or v. pres. • If the applicant is a LirniteV Liability Company (L.L,C•) or LimHed Company (LC.), 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 parfne. rshlp. • If the applicant Is a trust, then they must incloOo the trustee's name and the words was trustee". • In each instance, first determine the applicant's status, e.g., Individual, corporete, trust partnership, and then use the appropriate format for that ownership. and that • Uncl#ctsted is* of perjury, I declare that I have read the foregoing Affidavit of Authorization the nit are true. InnsrurQ 40ate STATE OF FLORIpA CQUNTY OF COLLAR yrtdate) by The foregoing Instrument was sworn to (or affirmed) anti aubsubscribedbefore me on t -r ( (name of person providing oath or affirmation), as who is personally known to ma or who has produced (type of identification) as identifcation. (J. STANIPISEJII_ SIB a re of'NbuNy Public CrMQ COA.00115\1,M R1:V 3441341 JAMES W. GIESEt. INS f•: w commissx)m a FF93T.",q EXPIRES Novamow 29.2lt9 •m aie�w ,�• • 2017 FOREIGN LIMITED LIABILITY COMPANY REINSTATEMENT DOCUMENT# M13000003858 Entity Name: 4011 BELAIR LANE, LLC' •Current Principal Place of Business: 6297 HIGHCROFT DRIVE NAPLES, FL 34119-8496 Current Mailing Address: 6297 HIGHCROFT DRIVE NAPLES, FL 34119-8496 FEI Number: 46-2903564 Name and Address of Current Registered Agent: CRAPAROTTA, SALVATORE A MEMBER 6297 HIGHCROFT DRIVE NAPLES, FL 34119-8496 US FILED Mar 01, 2017 Secretary of State CR8081048683 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: SALVATORE A CRAPAROTTA 03/01/2017 Electronic Signature of Registered Agent Date Authorized Person(s) Detail Title MGRM Name CRAPAROTTA, SALVATORE A Address 6297 HIGHCROFT DRIVE City -State -Zip: NAPLES FL 34119-8496 • Title MGRM Name PAGANO, DOMINICK Address 4261 BRINWOOD City -State -Zip: NAPLES FL 34119 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: SALVATORE A CRAPAROTTA MEMBER 03/01/2017 Electronic Signature of Signing Authorized Person(s) Detail 0 Date ADDRESSING CHECKLIST FABRIZI DOCK 181 TOPANGA DRIVE NAPLES, FL 34134 MARCH 2017 PREPARED BY: >qqow TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 0 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net �ZITTFT W" 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5740 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-262-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing RMnnel prior to on .meeting, please Allow 3 days for processinsr. Not all items will apply to every project. Items in bold type are required_ FOLIO .NUMBERS MUST BE PROVIDED. Fomes older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (blasting Permit) ❑ SDP (Site Development Plan) Q BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDR) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplalled) PNC (Project Mame Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal $ Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SOUTHPORT ON THE BAY UNIT ONE LOT 88 1 E I LM K Z FOLIO (Property ID) NUMBER(*) of above (attach to, or associate with, legal description if more than one) 74435007804 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 181 Topanga Drive, Naples, FL 34134 LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way a SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (lf applicable) Fabrizi Single Family Dock PROPOSED PROJECT NAME (rf applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projectsJsites only) SDP-- or AR or PL # COLLIER COUNTY GOVERNMENT • GROWTH MANAGEMENT DEPARTMENT www.collierSov.net Coyer c0WAy 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34109 (239) 252-2+400 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 0 Personally picked up Applicant Name: Ezio Fabrizi Phone: EmeiUFax: ezio@distinctivedev►elopmentgroup.com Signature on Addressing Checklist does not constitute Project and/or Street Name • approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number `7 4 y 3.5- U 0 7Jrp D V Folio Number Folio Number Folio Number Folio Number Folio Number Approved Updated by: I Date: ?-01 • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED PRE -APP NOTES FABRIZI DOCK 181 TOPANGA DRIVE NAPLES, FL 34134 MARCH 2017 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 .5 T C�oxx y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre- 1 MUOn eet ng Notes Petition Type: and time: Assigned Planner: Eric Johnson Engineering Manager (for PPL's and FP's): Project information Project Name: 181 Topanga Drive (Belair Lane LLC) .0 PL #: 20160003559 Property ID #: 74435007604 Current Zoning: Lely Barefoot Beach PUD Project Address: 181 Topanga Drive city Naples State: FL Zip: 34134 Applicant: Turrell, Hall & Associates, Inc. Agent Name:.Jeff Rogers Phone. 239-643-0166 Agent/Firm Address: 3584 Exchange Ave # B City. Naples state: FL Zip: 34104 • Property Owner: 4011 Belair Lane, LLC Please provide the following, if applicable: I. Total Acreage: 0.24 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: Ord. 77-48, 06-22 vi. If the project is within a Plat, provide the name and AR#/PL#: 0 • Co r Ccl my COLLIER COUNTY GOVERNMENT 2840 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colHertrov.net (239) 252-2400 Pre-App)lcation Meeting Sigh4n Street Pl. ii: zo'sAufla55s 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 25.2-2361 StephenBaluch@coiliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net ❑ Rachel Beasley Planner 252-8202 rachelbeasley@►colliergov.net ❑ Marcus Berman County Surveyor 252.-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colllergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidiashton@rolliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey, P.E. Site Plans Reviewer 2524434 eridey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 aulafleishman@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundiach@colliergov.net ❑ Shar Hingsorr East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 'ohnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net Eric Johnson, AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net rj Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net (_I Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net U Paulo Martins Utilities 252-4285 paulomartins@coliiergov.net J Thomas Mastroberto Fire Safety 252-7348 1 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ri 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 StefanieNawrocki@.colliergov.net I7 Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 1 252-5859 brandyotero@colliergov.net .5o r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieraov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34,104 (239) 252-2400 • ❑ firandl Pollard Utility Impact fees 252-6237 brandippilard,@colliergov.net Fred Reischl, AICP Zoning Services 252-4211 fredreischl@coiliergov.net ❑ Stacy Revay, Transportation Pathways 2$2-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenbium@coiliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@coiliergov.net ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott, AICP Planning and Zoning 252-2460 chrisscott@coiiiergov,net ❑ Daniel Smith, AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EilenSummers@coiliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@collie!gov.net ❑ Mark Strain Hearing ExaminerJCCPC 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 252-5518 kirstenwilkie@colliergownet ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email Je v'/Y C c 0 • 0 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net �r County Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 f Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collieFgov.net (239) 252-2400 FAX: (239) 252-6358 • PAIMARY CRI MR1A The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, It must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. I. 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 mufti -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 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.) 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.) 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.) 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.) 6/3/2014 • Page 4 of 7 f�ei County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 • www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRrMRjA 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.) 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.) 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.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) S. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (if seagrass beds are present, compliance with LDC subsection 5.03.061 must be demonstrated.) • 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) • 6/3/2014 Page 5 of 7 C(Ar County COLDER COUNTY GOVERNMENT 28W NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34100 www.colllergov.net (239) 252-24011 FAX:1239) 2526358 Pre -Application Meeting and Onal Submittal Requirement Checklist for: (d Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and I L] Time or application submetal. 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 a OF REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) Signed and Sealed Survey (am ki ❑ Chart of Site Waterway 1 She 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 (e ❑ ❑ facility; ,4i • 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 ❑ Electronic copy of all required documents 'Please advise: The Office of the Hearing Examiner requires all materials 1 2 / El to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/3/2014 • Page 6 of 7 • • county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-5358 PLANNERS — INDICATE IF THE PETITION NEEDS TO RE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Enviironmental Review: See Pre -Application Meeting Sign -in Sheet Addressing: Annis Moxam 'Graph i,cs4Mw1aw,8dmftrre -F G ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review ❑ Comprehensive Planning: See Pre -Application Meeting Sign -In Sheet ❑ Immokalee Water/Sewer District: nservancy of SWFL: Nichole Ryan Parks and Recreation: Vicky Ahmad County Attorney's Office: Heidi Ashton-Cicko Transportation Pathways: Stacey Revay ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Heartlock Engineering: AlisoP4WWfvT0 Transportation Planning: John Podczerwinsky ❑ Other: 0.1 Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: ❑ Boat Dock Extension Petition; $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 ❑ 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 6/3/2014 Date Page 7 of 7 i COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34.04 www.collieMov.net (239) 252-2400 FAX (239) 252-5710 77 Please complete the following and email to GMO_Addressing@colliergov.net or talc to the Operations Division at 239-25.2-5724 or submit in person to the Addressing Section at the above address. Foran must be signed by 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 Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BI_ (Blasting Permit) Q BD Extension) ❑ SDP (Site Development Plan) (Boat Dods [] SDPA (SDP Amendment) ❑ CamivallCiraus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Pion) ❑ EXP (Excavation Permit) ❑ SIN (insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑SNC(Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SOUTHPORT ON THE BAY UNIT ONE LOT 88 S b j i h K,> Z FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 74435007604 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 181 Topanga Drive, Naples, FL 34134 LOCATION MAP must be attached showing exact location of projectisite in relation to nearest public road right- of-way e SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME ffapplicable) Fabrimi Single Family Dock PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (d applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projectsJsites only) • SDP - or AR or PL # Cro�,tier C ou�vcty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT • www.collierizov.net 2000 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34304 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, godominium docuM2nts (if application. indicate whether proposed or existing) Please Return Approved ChecAist By: ❑ Email Q Fax (] Personally picked up Applicant Name: Ezio Fabrizi Phone: EmaidFax: ezio@distinctivedevelopmentgroup.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. • FOR STAFF USE ONLY Folio Number -7L(L43S- 00-) to o `y Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Updated by: r Date: c01 • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED �', an xt^RR ?P R x xx�P�-ga Aigxs� x. A 1S S? T9 5+.4%3 A K � �.., s ,, y ,, � AF SSR 2c F.'. k YRF b�f p4 f4R�. �IRRQk,RFB�yRp Rp�1P4K �R�xMAe n`,�, `tlSm�.td4�pi' NNS m TO C"— .TMA, MS n A FAQ [: THE ("'k 'o m 4, A, *MT W TO NM AM"" BV AEf"W.CE a, O"AW NO, M-41 K TM =MTV R C U". ROMA.. Ab*"M A W u. X° rti ATTEST MAMAN COLLIER COUNTY, FLORIDA COMMUMTY DEVEtAPMENT DIVISION ON 48S RNC ZSE.SEC(S) B NO 1J2 CLEW yew MAP NUMBER: �T 850TN • STATE OF FLORIDA N L� — w , X '•E SMECT �f PROPERLY _ 4- )0 T PA COLLIER COUNTY SITE ADDRESS: 0181 TOPANGA DR BONITASPRING$, FL 34134 KEY WEST weq NOTES: o THESE DRAWINGS ARE FOR PERMITTING PURP AND ARE NOT INTENDED FOR CONSTRUCTION oALL DOCK FACILDIES, REGARDLESS OF LENGTI PROTRUSION SHALL HAVE REFLECTORS AND HOl__ NO LESS THAN FOUR (4) INCHES IN HEIGHT, INSTALLED AT THE OUTERMOST END ON BOTH SIDES. o LATITUDE N 26' 19 45.904' o LONGITUDE: W81°5027.504' VICINITY MAP COUNTY AERIAL ToNall & Associates, bc, FA B R I Z I DOCK Mabe¢ @ Env mnm¢nbl CRnsul6Rg 3584EaehaugeAve. Napla, R.34I043732 LOCATION MAP i SHIP -as RIPARIAN LINE CONSERVATION� EASFMFNT a�,53 SITE ADDRESS: 181 TOPANGA DR m BONITASPRINGS• FL 34134 n � T� Ml , fir IJ Svp 16, 1 , �1 zzS 3h F ` , VAir !Turrell,Hall&Aacks,luc, FABRIZI DOCK j Mario¢ & EnuironmeniW CoasWiWg 7s84Ec<IungcAve_Nayks,FL341041712 EXISTING AERIAL WITH LOT DIMENSIONS 0 20 40 80� JCAL'f7N'FfE? Of •.wwnAlsnulwnEXeaxlsXEnXPvsoroulw • S1NfYwJRIE$YOF. 9Xf�NM06WOCp,IXt' EUFrtY041F0 WN611 �N511CANfpWFO6XgX3XE PRxIik IOt4 • rusrxoamxurtXsmcruu�wrxus o • IYbMEFWAiWMAY.IIw:ro NlwWvµ 111 . 1WiwuXt LLWpArop py uNnuror wr CFSM.tlT A 1. IW N4rt A RNYo4fAIl1Y PUY•9Br'. 9Y 1 fY1 gyll A�IYUIR tAFAI@ IHBM 1. 5tlltl: Ilgl 1. SECTION -00 TOWNSHIP -40S RANGE -ME PROPERTY LINE & MHWL PROPOSED FIXED DOCKS PROPOSE D� S626ck 9' 4 PROPOSED RAILING CONSERVATION EASEMENT —r— � 11&SEIXUWINGSAAf f4APFAMIiIW WAYJSESONlY A4p DATUM AT MWN %EEFEON6 REFER IYSE. � ALL Y COURTESY XEAEIXV IS AEFEAfIMFDiOMLW SUNEYtWAATEVOF. 9AW61n06W0W,IK' yJAVEME0. 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I + + + + + + + + + + + + + + + + NOTES: + + + + + + + + + + + + + + + + rNEYCA4VftGE NOT ED FOR0DNSW NG%IAFJ56p{rNp A LIAMSHOANflEFE NSIPoRMrvIIED � NIWNMLIpANNEFEIX115AEEEffNiP1pLLW + + + + r + + +CONtERVArIOt4F + + + + + WTED °"0"°,"` ItnN FEYDA + + +A�ttCW WEDsxOAELNEIf3W1fR � + + + EASEMENT + + + + + + • MUSH NATEIxTENs,A TOUIEIWYx6'I. 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N"17 + fnwlA+wp ax + wAW'I�uwp Mp Mann¢&EoviromnentalCZhing 3584Euhmge Ave Napka,FL341843732 . IRaosfSahawemstRxnx,EpwxuY n • rotuWEAruAmsmucnraWAesR Na tOfN RAIIXIaNNR0.Y1NMt u TuDell, Han & ASSOCI3kS, )bC, FA B R I Z I DOCK.. I. wW 7 A #wYJRAXFW&M'fY N"17 Mann¢&EoviromnentalCZhing 3584Euhmge Ave Napka,FL341843732 CROSS SECTION aw New NGN fM1: MP 841fE6[°WBI Rmr.(N)6414166 Fu:(279(64M632 SECTION -W TOWNSHIP -005 RANGE -25E 0 0 YO40 SRS TRANSECTS, 10' APART 7 \ OYSTER DEBRIS \ \ \ \ APPROX,10' \ FROM MHWL PROPERTY LINE Tertell,Hall&AgW'WeS`bC. FABRIZI DOC Mance@EDYironmenh CooSi g Js84EtMNgeAerra�«tti»loKlnt SUBMERGED RESOURCE SURVEY . r. -;;a Ph=(D9)6690166 Fa: ID91"I TRM'SECTS WERE SWAM TO IDEMIF Y AND LOCATE ANY SUBMERGED RESOURCES 20DFEET OFTHE PROIECTAREA SUPrEYf 9M-0SIIq 61Y0ll CONSERVATION N+RKVn�09gAGWEuWGX EASEMENT Nw,niu a M1110FWFxAYWTmgA" 112mm, .. AWmWF I!' Tertell,Hall&AgW'WeS`bC. FABRIZI DOC Mance@EDYironmenh CooSi g Js84EtMNgeAerra�«tti»loKlnt SUBMERGED RESOURCE SURVEY . r. -;;a Ph=(D9)6690166 Fa: ID91"I TRM'SECTS WERE SWAM TO IDEMIF Y AND LOCATE ANY SUBMERGED RESOURCES 20DFEET OFTHE PROIECTAREA SUPrEYf 9M-0SIIq 61Y0ll saveMADD. MollnCi. N+RKVn�09gAGWEuWGX IDIq Nw,niu a M1110FWFxAYWTmgA" 112mm, .. AWmWF I!' •, NMYINIVDF qI �RW09FDWIXWA1FnsIPoILN�¢INFXsfk :6 mrum�wArtis�mxrtayrvxul. n rorumomuspNrNcuumt u TOWNSHIP.Q$ RPNGE-ZE I PROPERTY LINE&MH r4i �^ I PROPERTY BOUNDARY r TOPANGA Dt4 as 4a 90 60 � 4cuecxrtr CONSERVATION EASEMENT NOTES. 11CSE [pAPoNfS NQ fCR GEAMRmYu WAN W FS IXILY A MFXOf NIafIDEOAfgNSmULIiQYU9E • AapA111191gM11FPfGNIEPFLFAEM£DiOMLW w�'cuxrtsvm. vAcornlwew000,Ix� smrEramo, wximn EXa7HG RWAFERMX%REFM nea _ Ep511OFWMWPRA M"TOME�A04 4 - MIWm0EMA1EFWAY.MIMiOMMY IAW%F M1 y. ilpLL p4NM. .��, 4WIN4roK da' MM'!M D U WiMWERMAmR91WL1UAF(A%MSF) . 0 • lOM1xNSRVlA1EPSm:KNPE 1➢P%Sfl . lotxmomus¢xEacMwME. a Tumll,Hd&ksoci&s,bc. FABRIZI DOC � Meuna@Emiroom¢o�l Consulting 3584 ExchangeAve. Napla,Fl.Nl67.3172 DOCKS IN CANAL DIMENSIONS TOWNSHIP -IBS + E FABRIZI RESIDENCE 181 ToPANGA DRivE NAPLES, FL 34134 SUBMERGED RESOURCE SURVEY JANUARY 2017 PREPARED BY: TURRELL, HALL & ASSDCIATESS, INC 3554 EXCHANGE AVENUE, STE B • N"LEs, FL 34104 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 1.0 INTRODUCTION The Fabrizi residence and associated proposed docking facility is located at 181 Topanga Drive, identified by Parcel Number 74435007604. The property is located off Topanga Drive just south of Bonita Beach Road, bound to the west by a single-family residential lot, bound to the east by another single-family residential lot, and bound to the north by Little Hickory Bay. The property is located in Section 06, Township 48 South, and Range 25 East. The upland portion of the property is a single-family residence currently under construction. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project. The proposed project consists of constructing a single-family dock within a man -altered waterway off Little Hickory Bay. The SRS survey was conducted on January 26, 2017. Light south winds, mostly clear skies, and a high tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 72°F. Low tide occurred at 6:27 A.M (-0.5') and high tide occurred at 12:47 P.M (1.7') on the date of the survey. • 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200 -feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. If seagrasses are present within the project area it needs to be determined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). • Page 1 of 3 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 • 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10 -feet apart within the proposed dock footprint as shown on the attached exhibit. The survey was expanded out 200 -feet from the proposed docking facility in order to verify no other resources were within the surrounding waterway. The neighboring properties have existing docks which helped to provide easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. • One biologist walked/swam these transects using snorkel equipment where needed within the surveyed area. The other individual assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area included two distinct classifications; silt sand with shell debris and just silt/ muck material scattered throughout. These two substrates were found scattered throughout the entire surveyed area. There was also scattered oyster debris along the property shoreline within the mangrove roots. The shoreline consisted of red mangroves and scattered rip -rap both of which provide habitat for numerous fish, crabs, barnacles, and oysters growing on and around the mangrove roots. The majority of the survey area exhibited a silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within Little Hickory Bay as well as the water clarity not allowing much sunlight penetration. This was most • evident in the deeper water depths. Page 2 of 3 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 • Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 — Observed Fish Species Common Name Scientific Name mangrove snapper Lu yanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis jack crevalle Caranx hippos 5.0 CONCLUSIONS The submerged resource survey was completed for the entire subject property shoreline and expanded out 200 -feet from the project area which yielded few findings. Barnacles were observed growing on the mangrove roots and existing dock piles on the adjacent • properties. The subject property shoreline consists of mangroves which provide natural cover. This mangrove area was where all the observed fish species were located including: Gray Snapper (Lu Janus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), and a few Common Snooks (Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility installation. is Page 3 of 3 • • 171 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 Page 4 of 3 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 Page 5 of 3 • • • FABRIZI DOCK 181 ToPANGA DRIVE NAPLES, FL 34134 MARCH 2017 PREPARED BY: >1 *W- TuRRELL,, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 January 19, 2017 Florida Department of Environmental Protection South District Post Office Box 2549 Fort Myers, Florida 33902-2549 .SouihD%stnct deo.siale.flus Ezio Fabrizi 4011 Belair Lane, LLC c/o Turrell, Hall & Associates, Inc. 3584 Exchange Ave Naples, FL 33901 Jeff(ahhanaoles.com File No.: 0349895-001 EG, Collier County Dear Mr. Fabrizi: Rick Scott Governor Carlos Lopez -Canter Lt. Gover* Jonathan P. Steverson Secretary On December 20, 2016, we received your application for an individual permit. On January 18, 2017 you revised your application to a notice of intent to use a General Permit (GP), pursuant to Rule 62-330.427, Florida Administrative Code to perform the following activities: is Construct a 595 square foot single family dock with one (1) boat lift and a maximum of two (2) mooring areas at 181 Topanga Dr, Parcel ID: 74435007604, in Little Hickory Bay, Class III Outstanding Florida Waters, Section 6, Township 48 South, Range 25 East, Collier County. Your intent to use a general permit has been reviewed by Department staff for three types of authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project did not qualify for the federal review portion of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. i 1 U File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 2 of 7 is 1. Regulatory Review — APPROVED Based on the forms, drawings, and documents submitted with your notice, it appears that the project meets the requirements for the general Permit under Rule 62-330.427, Florida Administrative Code. Any activities performed under a general permit are subject to general conditions required in Rule 62-330.405, Florida Administrative Code (attached), and the specific conditions of Rule 62-330.427, Florida Administrative Code (attached). Any deviations from these conditions may subject the permittee to enforcement action and possible penalties. Please be advised that the construction phase of the GP must be completed within five years from the date the notice to use the GP was received by the Department. IF you wish continue this GP beyond the expiration date, you must notify the Department at least 30 days before its expiration. Authority for review — Part IV of Chapter 373 of the Florida Statutes, Title 62, Florida Administrative Code, and in accordance with the operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, Florida Administrative Code. 2. Proprietary Review — GRANTED • The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies activity qualifies for a letter of consent under Rule 18-21.005(1)(c)2, Florida Administrative Code, and Section 253.77 of the Florida Statutes to construct and use the activity on the specified sovereign submerged lands and as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. During this term of this Letter of consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent. Special Consent Conditions 1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will • include any and all liabilities that are associated with the structure or activity including File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 3 of 7 special assessments or taxes that are now or in the future assessed against the structure or • activity during the period of the authorization. 2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 5. This authorization does not allow any activity prohibited in a conservation easement or is restrictive covenant that prohibits the activity. General Conditions for Authorizations for Activities All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part Il, F.S. (a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. • File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 4 of 7 0(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18- 21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities. • 3. Federal (SPGP) Review — NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a separate permit or authorization may be required from the Corps. A copy of your application has been forwarded to the Corps for their review. The Corps has assigned Erin Campbell to your project. The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date your application was received at the local FDEP Office, contact the Corps at the Fort Myers Regulatory Field Office at (239) 334-1975 for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency. Authority for review — an agreement with the USACOE entitled "Coordination Agreement Between the U.S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit," Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this general permit. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 5 of 7 activities are not in compliance, you may be subject to penalties under Chapter 373, Florida • Statutes, and Chapter 18-14, Florida Administrative Code. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; • and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 6 of 7 • persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may fide a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension oftime must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or by e- mail at Aeencv clerk(n.deo.state.fl.us before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. • Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(])(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the 0 File Name: 4011 Belav Lace, LLC File No: 0349895-001 EG Page 7 of 7 appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from • the date this action is filed with the Clerk of the Department. Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Tim Steeves by telephone at (239) 344-5681 or by e-mail at Tim SteevesAdeo.state.fl.us. When referring to this project, please reference the file number listed above. Executed in Lee County, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sincerely, Meg ills Permitting Program Administrator South District Enclosures: • 6 Project drawings 62-330.405, Florida Administrative Code 62-330.427, Florida Administrative Code Copies furnished to: U.S. Army Corps of Engineers, Fort Myers fdosoggausace.armv mil CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and authorization to use sovereignty submerged lands, including all copies, was mailed before the close of business on January 19. 2017 to the above listed person(s). FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged. January 19.2017 Clerk Date 49 STATE OF FLORIDA cw%wam 141 KEY WEST .e AA COLLIER COUNTY SITE ADDRESS: Defeat 0181 TOPANGA DR de °je NAPLES, FL 94134 t� e e i Peat RtDe6u ° 074989591 EG NOTES: o THESE DRAWINGS ARE FOR PERMITTING PURI R SabN= a AND ARE NOT INTENDED FOR CONSTRUCTION e FertRpr � o LATITUDE: N 2601945.904' °e e�° ej oLONGITUDE: W81°50'27.504" entH Pt VICINITY MAP COUNTY AERIAL Turrell Hall & AssCCiates IDC. MIRED A ; Manno&EmimnmmIC9owfing FABF?IZI �OCK 3684EnthaaBt Ave. Naple FL341no 3132 LOCATION s�nw.: oiam s. --- 5 x x I , 1 y j 3 I j r` I j 1 5 v 1 h� I 5 IC Rqk§ xa x 1 C . �� Nun I 0 40 o® � ,� 1$• 1E1Sf7N4YF( 4' D°Dnrs� PROPOSED FIXED CKS �4ck e 1° °Or 45+ PROPO DRAILING ° hmimm1" 034W41 EG e° FatMym 0 n 390 N APPROXIMATE �3 MLW APPROXIMATE i'. -- MHW EXISTING VEGETATION LINE PROPOSED RA III G CONSERVATION O • ¶I$[IYNIryWr't W FOR PERI.. R.Rt 5 MY AW EASEMENT o N"°n a °oronw I_, � . llwEvww�savoF 'airMfC - surhrwrto amnl • wttwvnawxosNoanaciAvmui uaaA ' �� WSANa0Y0.WA1kA 61PLCM1W£IAroF3F� o �� NAAIppWARTYAv 1AM'iONYW(64p 10 10AINPR \V - 10.WromP roar Nxxlwwk roar EXISTING VEGETATION LINE worc¢oaaw"asncNrtANnsFl su • i01N An1Mpfn51AUONAElAwA5P1 !!I • lnfµPApinUagNrngINIML 11 T3ureV,Hall&Associates ]roe, FAB RIf I DOC K M®ne4Enva�coalCmDuNmg ta., A . PR SED LINE IKKI I. 1Sa4Exchm Arc. N a,FLN104fl32 IMl roar, n m&om mn PErocI2Hl64 166 Fo:(119�Ni661tAmm _ Tovmerlro.ue o.unc,.e APPROXIMATE MLW APPROXIMATE MHW 61 F7 =PROPOSED MANGROVE TRIMMING PROPOSED FIXED DOCKS + 1+ } + + + + + + +1+ + + + +�F���� �+ +\ + *+ + + } + + +���� + + + N + + + + + + + + + + �1 PROPOSED MANGROVURIMMING + 1 + + APPROXIMATELY V94FT, + + 4- + + it + +/4--4� GONSERVNRON EASEMENT + EXISTING VEGETATION LINE �-k + + + + tme IMA S..eiaf�,I9c. FABRIZI SOCK Marice @ Eovvonmmpl Comvllmg E EAn.. Nspks,R,k W3732 PROPOSED TRIMMING P4oAccJl79)61}OIh6 Fu:p7916f166R EXISTING VEGETATION LINE i �asewAiaxosAaErwrrrgWmMc wwoaaontrA4p AAFMMIMRHFDWRtG51RKigNl6F VAMEYM9lliyop EJp S ATAE WMSiMfA1�Y0i. ]IpMEE' a W vim, ."wx¢WnpmFDsxwEtnelewzul ,eul • NpMpljt$ Y,MNMMMIryI IA�iKt IB6 hMT1M Ery "[40 It - WMti CM WAf IMP(QEOQ.TR "NARASiAUCNgE AwNSFj I514 " • 14TILPRAWAIEAEIPLCNAE AVW E{� I 31 • OIµgp1NJ5Ry iINMMIMt 11 TOYM811P•411S R&W&ME SECTION A -A an S609NMT — 54' — 30' 6' 14' BOAT LIFT --{. 4p 30' PROTRUSION FROM MHWL PROPOSED FIXED / ACCESS WALKWAY 0 I PROPOSED FIXED DOCK M n —L — MNwo.oayNaw'ael— — ALL PILES TO BE WRAPPED FROM F BELOW SUBSTRATE TO IF ABOVE MHW e `~ i, ►Re,eter�ar � e�asa9smt � ; i v o ,a �httN'd 5 TuJr61�Hai&Assceiates,lac. FABR I DOCKE F �� Matioc@Eo roamenb Consufing Ni ,% 3sMExchage An. Nepks,F1,74104J732 CTION� „%� xnw: %no aID h%',Ill91N301fi6 PY:N9fEgti6Ji...._.....e.....__....._.___-... ..Y..... __ ,riitc epovx%r ,xu o,emix nr im a% wu ' ICNS�MFx S[1 %6 RE�Sir %! 62-330.405 General Conditions for All Noticed General Permits. • (1) The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions and are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under Part IV of Chapter 373, F.S. (2) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a violation of Part IV of Chapter 373, F.S., and may result in suspension or revocation of the permittees right to conduct such activity under the general permit. The Department also may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. (3) This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. (4) This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit. (5) The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules. (6) The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or • other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. (7) The authorization to conduct activities pursuant to a general permit may be modified, suspended or revoked in accordance with Chapter 120 and Section 373.429, F.S. (8) This permit shall not be transferred to a third party except pursuant to Rule 62-343.130, F.A.C., or, for activities within the geographical area of the Northwest Florida Water Management District, Rule 62-346.130, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. (9) Upon reasonable notice to the permittee, Department staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. (10) The permittee shall maintain any permitted system in accordance with the plans submitted to the Department and authorized in this general permit. (11) A permitee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of five years. (12) Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of state • water quality standards, including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3) and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters. The permittee shall • implement best management practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. (13) The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the general permit. (14) The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.044, 373.406(5), 373.118(1), 373.129, 373.136, 373.413, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429 FS. History -New 10-3-95, Amended 10-1- 07. • 0 62-330.427 General Permit for Certain Piers and Associated Structures. •(1) A general permit is granted to any person to construct, extend, or remove piers and associated structures as described below: (a) Single-family piers, along with boat lifts, boat houses, terminal platforms, and gazebos attached to the pier, where these structures: 1. Do not accommodate the mooring of more than two water craft; 2. Do not, together with existing structures, exceed a total area of 2,000 square feet; and 3. Have a minimum depth of two feet below the mean low water level for tidal waters and two feet below the mean annual low water level for non -tidal waters for all areas designed for boat mooring and navigational access; and (b) Public fishing piers that do not exceed a total area of 2,000 square feet provided the structure is designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state "No Boat Mooring Allowed." (2) This general permit shall be subject to the following specific conditions: (a) Construction or extension of the boat house, boat shelter, boat lift, gazebo, boat mooring locations, or terminal platforms, shall not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water or ordinary high water, contains handrails that are maintained in such a manner • as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves; (b) There shall be no living quarters, or other structures enclosed by walls or doors on all sides; (c) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized by this general permit; and (d) This general permit shall not authorize the construction of more than one pier per parcel of land or individual lot. For the purposes of this general permit, multi -family living complexes shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property. Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History -New 10-3-95, Formerly 62- 341.427, Amended 10-1-13. 0 0 CONSERVATION EASEMENT • 01434683 ase NOV 29 Ft 2. 59 D=jAR,C( gERVATIONWWOWROED STATE OF FLORIDA ) ) SS. cotwTY OF COLLIER ) om_ 0 KNOW ALL MEN BY THESE PRESENTS that for and in consideration INT —of issuance of State of Florida Department of Environmental jND.,._.--Regulation Permits Numbered 111501035 and 111703005 in the name ofca SOUTHPORT veNTURE ASSOCIATES, a general partnership and other good= and valuable considerations, the receipt of which is herebypo cn acknowledged, SOUTHPORT VENTURE ASSOCIATES, a general partnership,= ,r 1"Grantor") has bargained, sold, conveyed and granted to the STATE to tir FLORIDA DEPARTMENT OF E1VIR0W0ffA16 REGULATION ('Grantee"), 7451 Golf Course Boulevard, Punta Gorda, Florida 33950-9359, a non- sxclusive conservation easement in accordance with Section 704-06, Florida Statues (1985). in and over the reel property located in +:ollier county, Florida and described on the attached Exhibit 'A-. 1. This Easement conveys to Grantee a perpetual non-exclusive interest in the property, consisting of the following affirmative and negative covenants on the part of the Grantor and Grantor's successors and assigns: c a. No construction or placing of buildings, roads, signs cQa billboards or other adverti 'ngT-nt as or other structures any kind whatsoever on the property, shall cy undertaken without p t tes- b. Na d acing of her substance whatsoever or placing of trash, unsightly or nffensive mat i the property. c. No rem a ction of native t as, hrubs, or other veget tion n rope d. N eac vation, dre o removal of loam, at, gravel, $oil, roc or r t as t affect the surf a on e Y e. all ac use pt fa t t rmi the land or crater aree n p n tl a nate 1 on bion on the • property. f. tivities detriumental to ainag . f control, water me water conservation, ater qua erosion rontrol, so ervation or fish or w' e i servation on the pr r g. No a or Sem detrimental to such of land or water area on t ty• It. Grantor a n 11 maintain the described real props on. of Provided. however.. event shall not preclude the following specific activities from being undertaken on the subject property as authorised pursuant to the above referenced Permits Numbered 111501035 and 111703805. q M a. The placement, construction and maintenance of romps and walkways for access and single family boat docks for property X09 .p owners and associations of such property owners within the aE a Southport on the Bay subdivision, provided such access ramps or HwM walkways do not exceed 4' in width. om"ow El. Maintenance of mangroves located adjacent to residential m+� lots within Southport on the Bay Subdivision provided such 'moa mangroves may not be trimmed to a height of less than ten )10) nsm of a�° fest. C. Grantor retains and reserves the use of the property for agoany and all purposes which do not interfere with and prevent the m.es. uses herein granted to the Grantee. n01575 1100994 • OR BOOK PAGE 3. In the event of violation of any covenant contained In chis Conservation Easement, Grantee shall be entitied to pursue all available legal and equitable remedies, Including injunction. 4. Grantee may, In its sole discretion, transfer its rights +.tinder this Basement to such other state or local agency or to a private Falsoprovided ts alltto the onservationndpreervationofland in inaturstaee. It Is understood that the granting of this Conservation Casement entitles the Grantee or its authorised representatives to enter the above described land in a reasonable manner and at reasonable times to assure compliance. The Grantor on behalf of itself and its successors or assigns hereby agrees to bear all coats and liability relating to the operation and maintenance of the land subject to this Conservation easement in the natural 'vegetative and hydrologic condition existing at the time of execution of this Conservation Basement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condi a aired by the aforementioned permit, and Grantor doe i and hold harmless the Urantes from same. t a a hereby granted and the obligation } i land forever predosinantly in a and tion as herein specified shaI the land and al upon the Grantor and a moors and assigns, and re to the benefit of t e and its successors and gns. Grantor= SOUTHPORT VENTURE ASSOCIATES, a New Jersey general partnership By: Orion Marketing, Inc., a general artner s witness By. itneaa xeanet uc n, Its Presi nt Received E ^^C;ra:s:ary S;amr' Tav, The t s a nditions s Co rvation Bas nt map be enforced the ran njunct ve i and of r ropriate available r em, and an consents that ue or ouch enforceme i 11 xc the ci uit ourt of the Seco J da. In any enforcese t ac on in c t G r is as all be • entitled to co er r an e trial a Is e c s a t f a d is in the o f c t f storing the land e 1 g a i and to ndition existing a Con o a nt or to the ive and hydrologic dition re by the aforementi rmits- These ratnedie re ad to any other reme Z e or penalty which may 1 ab r Chapter 403, Flori tae. Any fo on behalf of the Gra o excise its rights in the the failure ^f Grantor y with the provisions of h a rvation Eaa;ement deemed or construed to be ae Grant rounder in the event of any subs t n comply- Grant of IN wITNEGS WHEREOF, erbi execute this Conservation Easement on the a above written. Grantor= SOUTHPORT VENTURE ASSOCIATES, a New Jersey general partnership By: Orion Marketing, Inc., a general artner s witness By. itneaa xeanet uc n, Its Presi nt Received E ^^C;ra:s:ary S;amr' Tav, no 1 515 000995 OR BOOK PAGE • STATE OF FLORIDA ) ) SS. COUNTY OF COLLIER ) The foregoing inatrnaent was acknowledged before me by Kenneth J. Gluckman, as President of Orion Marketing, Inc., a general partner of Southport Venture Ansociatee this `Pi day .vf !1/Al�,6aQE1t. , 1990. m' CWS*.' ON cow"$ i ta,�nnaueasiat�s.u�. 1s�T�, � ". - — Notary Public Accepted: By,� Ved,, if $ 9`f% , 1990 By: bd" 1990 0 STATE OF FLOR ) COUNTY OF IE The ore Ing Inst nt ackno ledged fo re by Philip R. Edea de X'-XAKKXKXXXz xxxxxxxx x is 28th day of My Commis ion i ea, :'-i. S's •.� jai 0 . ,;.... • L'• � ow . V -V - This Instrument Prepared `► George L. Coneoer, Jr., $aq. HU OMEY is Yaon, P.A. 1625 Hendry street Port flyers, Florida 33901 Mull MAN Legal boseripties of Qoaeervattea sassseet All of that eartak property Aesienatel as Coneerration L~sent Area (O.s.) arae tba plat of ssatkport a• the Say, Dalt Ole, ae reeord" at plot Seek 15, taps $1 — 531 and tke Plat of toatbtert on chs Say, 0nit Two as reeer" at Plat look 19, Pates 100 — 101, beth neootiea is the PabLle lbeeerAe of astlier County, Florida. AR C.Otj. 1 •Qui 3y 0 e Gs a � o Cb 40 y � Ln t r•• 1 RESTORATION PLAN J RESTORATION PLAN 181 Topanga Drive Folio ID #74435007604 S 06 / T 48S / R 25, Collier County, FL I. INTRODUCTION Collier County Environmental staff are currently reviewing an application for a docking facility located at 181 Topanga Drive, submitted by Turrell, Hall & Associates, Inc. The County's review determined that the existing Conservation Easement area along the property shoreline will require some restoration plantings due to open areas that have been impacted with fill. This work within the easement area was not authorized therefore Collier County staff are requiring that the Conservation Easement area be restored to natural conditions by removing fill and planting the area with native shrubs and groundcover. The property is identified on the property appraiser's website as 74435007604, which is approximately 0.24 acre lot situated within Section 06, Township 48 South, and Range 25 East, Collier County, Florida. This document outlines the restoration plan for the onsite Conservation Easement area. :7 II. EXISTING CONDITIONS: HABITAT & SOIL DESCRIPTIONS • The subject site consists of 0.24 acre dedicated to a single-family residential dwelling with a conservation easement area along the shoreline. The conservation easement area was impacted with the placement of fill material and temporarily placement of construction equipment. The conservation easement area will have to be restored as required by Collier County Environmental Staff. Existing soil is fill placed on the property at the time the residence was constructed. Much of this fill will be removed from the easement area as part of this restoration plan. III. PROPOSED PLANTINGS / RESTORATION The owner is proposing to restore the conservation easement area by removing the fill that was placed there during the construction of the house and creating a consistent slope, from the remaining upland fill area to the existing natural shoreline elevation. This will allow for a very gradual slope and once the fill is removed the proposed plantings outlined below will be installed throughout the easement area. 0 The proposed plantings shall include a minimum of 11 midstory trees on 20' centers consisting of red mangroves and buttonwood trees, which will be placed higher up on the slope to ensure their survival. The groundcover will consist of • 128 plants on 3' centers including leather fern, sea oxeye, and bay cedar which will be located higher up on the slope to help ensure their survival. All species listed should be utilized in even amounts if possible, but exact species numbers could be based on supply availability. Planting specifics are outlined below. Midstory plants: Number of Trees =11 Red Mangrove (Rhyzophora mangle) 6 Buttonwood (Conocarpus erectus) 5 All midstory plantings will be installed on 20ft. centers with a minimum 1-3 gallon pot containers. Groundcover plants: Number of Plants =128 Sea Oxeye (Borrichia frutescens) 78 Bay Cedar (Suriana maritima) 25 Leather Fern (Acrostichum aureum) 25 All groundcover plantings will be installed on 3ft. centers with a minimum 1 • gallon pot containers. Irrigation maybe required for the top half of the easement area due to the distance from the ground water table to help ensure the plantings survival. For the lower half of the easement no irrigation is proposed due to the final elevations of this portion of the conservation easement being connected to the tidal water table which will keep the plantings hydrated naturally. IV. CREDENTIALS Jeff Rogers Project Manager for Turrell, Hall & Associates since 2005 B.S. Degree in Environmental Science, Rollins College Sustainable Development Course -Galapagos Islands, Equador Completed Southwest Florida Association of Environmental Professionals Wetland Delineation Training Course -2006 Florida Department of Environmental Protection Environmental Resource Permit Course -2006 Completed a FAEP Plant ID Class with Dr. Hall from the University of Florida - 2006 Primary career focus: Permit Compliance Mitigation and Monitoring is UPDATED SURVEY 0 SURVEYOR'S NOTES 1. BEARINGS SHOWN HEREON ARE BASED UPON THE REAR SURVEY TIE LINE HAVING A RECORD BEARING OF N53'05'02"E AS SHOWN ON THE PLAT OF RECORD. 2. NO UNDERGROUND IMPROVEMENTS OR FOUNDATIONS WERE LOCATED UNDER THE SCOPE OF THIS SURVEY. LOT 89 3. THIS PARCEL LIES IN FLOOD ZONE 'AE" AS SHOWN ON FEMA FI.R.M. MAP PANEL 12021CO179H, DATED MAY 16, 2012. THIS PARCEL HAS A BASE FLOOD ELEVATION OF 11.0' & 12.0' (NAVD '88). FLOOD ZONE LINES SHOWN HEREON WERE SCALED FROM THE INDICATED FI.R.M. MAP PANEL. 4. BOUNDARY INFORMATION SHOWN HEREON IS BASED UPON THE RECORD PLAT AND LEGAL DESCRIPTION PROVIDED, NO SEARCH OF THE PUBLIC RECORD WAS PERFORMED BY THIS SURVEYOR. THERE MAY BE OTHER SETBACKS AND/OR EASEMENTS NOT KNOWN TO THIS SURVEYOR—.- 5. URVEYOR5. THE STREET ADDRESS IS: 181 TOPANGA DRIVE ' BONITA SPRINGS, FLORIDA 34134 B. ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN ' VERTICAL DATUM OF 1988 (NAVD '88). ELEVATIONS ARE BASED UPON BENCHMARK "R-4" HAVING A RECORD ELEVATION OF 5.42' NAVD '88. LOT 88, SOUTHPORT ON THE BAY UNIT ONE, AS PER THE RECORD PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGES 51-53, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORID 0 2 LOT 88 0 ^ (UPIAND IMPROVEMENTS NOT SHOWN) 0 MAP OF BOUNDARY SURVEY LEGEND OF LOT 8$ SOUTHPORT BAY I^ Q = FOUND PK WdL AND DISK - ILLEGIBLE .�yON^L �ThE dUNIT �►J����y��/'�1 LY R IN Ste"`•' RA \ VE 25 EAST, NS�1�11�1j�{4 �COUNTY, 10 = BENCHM4RK, SET PK N41L AND DISK - lB 6696' • `•' ` `� "`(�/�/UTT14j 0 = FOUND 5/8' REBAR AND CAP - 'CE7V 5077' /6,r /�y�1 /Iry1' /O''� COLLIER \jOU r 1 j 1WROA = FOUND 5/8' REBAR - NO IDENRFICATWN RADIUS M) ARC M O = FOUND 5/8' REBAR AND CAP - 'PORM A ROWE- ITTI II LiI/NVADV DAV MEAN HIGH WATER UNE L✓1! LLLi �jjCKORl BA '68) Q = FOUND 5/e' REH4R AND CAP - ILLEGIBLE ELEVATION 0.0' (N+w �-) AS LOCATED APRIL 28, 2017 FOUND 4' X 4' CONCRETE MONUMENT WITH RE84R VEGETATIONoA UNE ALUMINUM Q - =FOUND J' X J' CONCRETE MONUMENT WITH ALUMINUM C4P - NO ID A° L4 ($ A Q 0 (M) = FIELD MEASURED DATA L3 CONSERVATION (P) = RECORD PIAT DATA EASEMENT + = SPOT ELEVATION (N40 1988) VEGETATION " .• ,+ 1 � � LINE + o SURVEYOR'S NOTES 1. BEARINGS SHOWN HEREON ARE BASED UPON THE REAR SURVEY TIE LINE HAVING A RECORD BEARING OF N53'05'02"E AS SHOWN ON THE PLAT OF RECORD. 2. NO UNDERGROUND IMPROVEMENTS OR FOUNDATIONS WERE LOCATED UNDER THE SCOPE OF THIS SURVEY. LOT 89 3. THIS PARCEL LIES IN FLOOD ZONE 'AE" AS SHOWN ON FEMA FI.R.M. MAP PANEL 12021CO179H, DATED MAY 16, 2012. THIS PARCEL HAS A BASE FLOOD ELEVATION OF 11.0' & 12.0' (NAVD '88). FLOOD ZONE LINES SHOWN HEREON WERE SCALED FROM THE INDICATED FI.R.M. MAP PANEL. 4. BOUNDARY INFORMATION SHOWN HEREON IS BASED UPON THE RECORD PLAT AND LEGAL DESCRIPTION PROVIDED, NO SEARCH OF THE PUBLIC RECORD WAS PERFORMED BY THIS SURVEYOR. THERE MAY BE OTHER SETBACKS AND/OR EASEMENTS NOT KNOWN TO THIS SURVEYOR—.- 5. URVEYOR5. THE STREET ADDRESS IS: 181 TOPANGA DRIVE ' BONITA SPRINGS, FLORIDA 34134 B. ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN ' VERTICAL DATUM OF 1988 (NAVD '88). ELEVATIONS ARE BASED UPON BENCHMARK "R-4" HAVING A RECORD ELEVATION OF 5.42' NAVD '88. LOT 88, SOUTHPORT ON THE BAY UNIT ONE, AS PER THE RECORD PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGES 51-53, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORID 0 2 LOT 88 0 ^ (UPIAND IMPROVEMENTS NOT SHOWN) 0 Cl \ ++ j C� 10.0' (P) UTILITY EASEMENT 20.2' ^y� BRICK 1, V71 60' (P) CHT -OF -WAY - BENCHMARK J (` RICHT-OF-WAY- _ ELEV. = 4.04' (Naw gg Ah I Digitally signed by David e David S. S.Dagostm 99 P M Date -2T1•7.05.02 Dagosti 08:08:41 -04'00' € 0 0 0 CURVE TABLE 1 inch = 30 ft. _ N7q• n 0 0 4 � 9 0 0 4 CURVE DELTA (M RADIUS M) ARC M CHORD BEARING M CHORD M C7 12'2944' 230.00' 50.16' N70'2722W 50.06' IIIJJJ 8 C2 3'47'51" 340.00' 22.53' S66'20'JJ"E 22.53' 1a Z CURVE Ci DELTA P 12'28'49" RADIUS P 230.00' ARC P 50.10' CHORD BEARING P N70'36'41'W CHORD P 50.00' LOT 85 00 o C2 J'47'50" 340.00' 22.53' S66'16'12"E 22.53' C LOT 86 C LOT 87 GRAPHIC SCALE 0 15 30 el � IN FEET) Cl \ ++ j C� 10.0' (P) UTILITY EASEMENT 20.2' ^y� BRICK 1, V71 60' (P) CHT -OF -WAY - BENCHMARK J (` RICHT-OF-WAY- _ ELEV. = 4.04' (Naw gg Ah I Digitally signed by David e David S. S.Dagostm 99 P M Date -2T1•7.05.02 Dagosti 08:08:41 -04'00' € 0 0 0 e�g"�' e jb 1 inch = 30 ft. _ N7q• 0 E y-65 pti/, \\V/ 20 /V SURVEY TIE LINE 5 ' SURVEY C\ i s lYX 6877 (Mf 0 z_ IIIJJJ 8 �{,, 1a Z h FLOOD ZONE it E' BASE FL000 ELEV=12.0' (N4w '88) ^ LOT 85 00 o •O�,h ' A FLOOD ZONE AE' h BASE FLOOD ELEV=11.0' (1141) '88) C LOT 86 C LOT 87 Cl \ ++ j C� 10.0' (P) UTILITY EASEMENT 20.2' ^y� BRICK 1, V71 60' (P) CHT -OF -WAY - BENCHMARK J (` RICHT-OF-WAY- _ ELEV. = 4.04' (Naw gg Ah I Digitally signed by David e David S. S.Dagostm 99 P M Date -2T1•7.05.02 Dagosti 08:08:41 -04'00' € 0 0 0 AGENDA ITEM 3-C Cofter County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 14, 2017 SUBJECT: PIPER BLVD MEDICAL OFFICE; SV-PL20170001467 APPLICANT/OWNER/AGENT. Applicant/Owner: Steven P. Walthen, Manager Equity Piper Naples, LLC 2590 Northbrook Plaza, Drive, Suite 203 Naples, FL 34119 REOUESTED ACTION: Agent: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 The applicant is requesting a variance from Land Development Code (LDC) Section 5.06.04 F.La, to allow a sign separation of 240 feet between two pole signs or two pole signs instead of 1,000 feet on a single parcel. GEOGRAPHIC LOCATION: The subject property is located at the comer of Piper Boulevard and Cypress Way East in Section 23, Township 48 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks approval of this sign variance to allow two signs to be placed on one parcel that fronts Piper Boulevard. One sign is for the existing self -storage facility and one sign will be for a proposed medical office building within the BRB Development CPUD. One sign already exists for the storage facility (see "Monument Sign Exhibit). The project was not platted; instead the two buildings will be located on a single parcel within a land condominium. Each building is not on a separate lot of record. If the buildings were each to be located on their own lots, then two signs would be permitted by the LDC. The LDC, instead, requires a minimum separation distance of 1,000 feet for signs located on a single lot. The petitioner seeks relief to allow a distance of 240 feet. Piper Blvd Medical Once SV-PL20170001467 last revised: 8128117 Page 1 of 8 Hearing Date: September 14, 2017 Piper Blvd Medical Office SV-PL20170001467 last revised: 828117 Page 2 of 8 Hearing Date: September 14, 2017 fZ 0 N CL CIO 2 C 0 Y U O J a N ci e p i e e Piper Blvd Medical Office SV-PL20170001467 last revised: 828117 Page 2 of 8 Hearing Date: September 14, 2017 fZ 0 N CL CIO 2 C 0 Y U O J Piper Medical Office Building ®4rxJy Nluur 260 130 0 280 Feel Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 3 of 8 Hearing Date: September 14, 2017 N Ek DRY DESMON ImIII IIIII v BR EX LOON -0R STORAGE I Ir I I I 1 I II II I I uxrt m: uwT in I� ��,I I I� 1 i _JI jld �I �jl I I II II I �Y• r3� I AIR -----''.—' .. 1J, n' ______— — .. —��I- — _ _ _ • . rti� . u�� . r . � Y4N}fllf Sp pi111 'r I� ISI I A � I II imrBuler•q ti II II r B I II I ir �II b II PREP NBOGA .I t II I )VICEBULDW I11 445i5i 'itltN. 1 I II II I I uxrt m: uwT in I� ��,I I I� 1 i _JI jld �I �jl I I II II I �Y• r3� I AIR -----''.—' .. 1J, n' ______— — .. —��I- — _ _ _ • . rti� . u�� . r . � Y4N}fllf Sp pi111 The subject property is located within the 3.2 ± acre BRB Development CPUD. That PUD was approved in Ordinance Number 06-34 to allow up to a maximum of 163,000 square feet of land uses that would be ". . . a combination of indoor self -storage, general and medical office, and retail commercial uses comparable those found in the C-3 zoning district." (from Ordinance Number 06-34 Statement of Compliance #2.) SURROUNDING LAND USE AND ZONING (of Subiect parcel): North: Commercial development with a zoning designation of C-1 East: Cypress Way, then various office uses within the Oak Tree Medical Center Condominiums with a zoning designation of PUD (the Piper Blvd. Medical Center PUD) South: Piper Boulevard, then a canal, then Immokalee Road; then the Green Tree Center PUD with commercial uses West: Eye Health Center, with a zoning designation of C-1 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban Commercial Subdistrict, Mixed Use Activity Center Subdistrict (Activity Center #1) on the Future Land Use Map of the Future Land Use Element of the GMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual land uses. The original PUD was deemed consistent with the GMP; therefore, staff concludes that the proposed variance is consistent because the variance request is not specifically addressed. No changes are proposed as part of the application that would render a different GMP finding. STAFF ANALYSIS: The decision to grant a sign variance is based on the criteria found in LDC Section 5.06.08.B. The applicant's agent and staff have analyzed this petition relative to the evaluative criteria and offer the following analysis: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. The applicant's agent offered the following response: The site is unique in that the plan for development of this site has always contemplated two separate businesses to occupy the site. Because the property was not platted, the second business cannot have its own signage due to the separation requirement for signage on a single lot. Had the owner originally platted each development tract, each tract would then be permitted to have their own signage without any separation requirement. Further, this site is unique in that it is not immediately adjacent to Immokalee Road, where the majority of traffic traveling this corridor will be. The site is separated from Immokalee Road by the Cocohatchee Canal and Piper Boulevard, a local frontage road. The distance from the nearest edge of pavement of Immokalee Road to the proposed sign location is over 200 feet. The separate building within this PUD warrants the additional tenant signage. Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 5 of 8 Hearing Date: September 14, 2017 Staff concurs with the applicant's contention that there are special conditions and circumstances not generally associated with other parcels in Collier County. Land condominiums are a seldom used development option; most development in Collier County are platted and do not have similar constraints for signage. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The applicant's agent offered the following response: Functionally, each business entity operates as if it is on a separate lot of record. The general public cannot discern that the property is a single lot and literally applying the sign code as written does deprive the applicant of business signage that other business are permitted to construct when on a separately platted lot. Prohibiting signage identifying the tenant of this standalone building will create a hardship to the business owner. Staff concurs that the "literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. " C. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The applicant's agent offered the following explanation: The applicant is not the original developer of the PUD and had no part in creating the PUD with two distinct development parcels. This land condominium circumstance is fairly unique and the applicant did not create the situation. Staff concurs with the applicant's agent explanation. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. The applicant's agent offered the following response: Typically, standalone commercial business are located on individual platted lots or tracts. To the general public there would be no noticeable differences between this business and any other in Collier County. Approval of the variance will result in signage for the site consistent with other standalone businesses in Collier County. If approved, the Variance would confer allow a special privilege not available to other projects developed as land condominiums. As previously explained, this is not a customary development Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 6 of 8 Hearing Date: September 14, 2017 option; the platting process is the more common option. If the land were platted the applicant would be able to have two signs without seeking variance approval. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The applicant's agent offered the following response: The proposed sign has been located as far as practical from the existing Lock -Up Storage business signage. The 240 foot separation proposed is the greatest separation possible, while allowing the sign to meet the minimum setbacks permitted for ground signs in the LDC. Staff concurs with the applicant's agent explanation. The variance is the minimum relief for placement of the additional sign. E That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The applicant's agent offered the following response: The proposed sign variance is consistent with the general intent of the sign code (LDC Section 5.06.01), which provides for control of signs to protect the health, safety and welfare of the community by lessening hazards to pedestrians or vehicular traffic. It is staff's opinion that the request for the additional sign is not in conflict with the purpose and intent of the Sign Code. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed this staff report on August 22, 2017. RECOMMENDATION: Staff recommends that the Hearing Examiner approve the request for a variance from Land Development Code (LDC) Section 5.06.04 F. La, to allow a sign separation of 240 feet between two pole signs instead of 1000 feet on a single parcel for Petition SV- PL20170001467. ATTACHMENT: Application Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 7 of 8 Hearing Date: September 14, 2017 PREPARED BY: -Karr Awt� KAY'DE6fELEM, AICP PRINCIPIAL PLANNER DA ZONING DIVISION REVIEWED BY: $I[!7 RAYMO V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION Piper Blvd Medical Office SV-PL2017NO1467 last revised: W11117 Page B of 8 Hearing Date: September 14, 2017 0 PIPER BLVD MEDICAL OFFICE SV-PL20170001467 Application and Supporting 40 Documents September 14,, 2017 HEX Hearing Prepared August 25, 2017 •Iffla Grad = tinor 00 lsngirwers . Land sumvViN • Planvers + 1,Afld8r;7RC larlflh N, Co er County • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierxov.net • 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 2S2-2400 FAX: (239) 2S2-6358 ChapterSIGN VARIANCE PETITION LDC section 5�,06.081 & Code of Laws section 2-83 — 2-90 of Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Equity Piper Naples, LLC Address: 2590 Northbrook Plaza Dr, Ste203 City: Naples State: FL Zip. 34119 Telephone: 239-210-5900 Cell: _ E -Mail Address: mconcilla@equity.net Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor and Associates, P.A. Address: 3800 Via Del Rey 239 947 1144 Fax: City: Bonita Springs State: FL ZIP: 34134 Telephone: - - Cell: E -Mail Address: warnold@gradyminor.com PROPERTY INFORMATION Fax: Provide a detailed legal description of the property covered by the application. If space is inadequate, attach description on a separate page. Property I.D. #: 67953000048 Section/Township/Range: 23/48 __,I 25 Subdivision: Unit: Lot: Block: Metes & Bounds Description: PIPER BLVD LAND CONDOMINIUM A COMMERCIAL LAND CONDOMINIUM UNIT 2 Address of Sign Location: 1035 Piper Blvd Current Zoning: BRB Development CPUD Land Use of Subject Parcel: Office If a wall sign, length & height of wall upon which the Sign will be secured: N.A. • Width of Subject Property (road frontage): 516+/- Piper Blvd, 290+/- Cypress Way E 03/17/2017 Page 1 of 4 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 4 PETITION O. .: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15 ft. to 10 ft.; why encroachment is necessary; how existing encroachment came to be; etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a -f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. c) That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. 03/17/2017 Page 2 of 4 0 • CI C, • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net o er count 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 i ne Toiiowing 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 REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) 6 Pre -Application meeting notes 1 Affidavit of Authorization signed and notarized 2 Survey or Site Plan of Property 6 ❑ Location Map depicting major streets in area for reference 1 1❑ Completed Addressing Checklist 1 E] Once the first set of review comments are posted, provide the assigned project 1 ❑ a manager the Property Owner Advisory Letter and Certification Electronic Copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be 1 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: Pre -Application Meeting: $500.00 Sign Variance Petition: $2,000.00 Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. 03/17/2017 Page 3 of 4 ca er axnty N • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 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. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Signature Applicant/Owne`r Name (please print) Date • Applicant/Agent Signature Date Printed Name/Title r u 03/17/2017 Page 4 of 4 Piper Medical Office Building • Sign Variance Petition Nature of Petition 1. Explanation of Variance Request The subject property is located within the BRB Development CPDD. A portion of the project has been developed with a Lock -Up self -storage facility. The initial site development plan for the indoor self -storage facility and the conceptual PUD Master Plan identified the subject parcel as a future development site. The site has not been subdivided and development on the subject site will occur as a land condominium. Staff has indicated that because the subject site is not a separate lot of record, the prospective tenant cannot qualify for its own sign identifying the business name because there is a minimum required separation of 1,000 feet for ground signs located on a single lot. The variance seeks a reduction in the 1,000 -foot separation standard to permit the PUD to have two pole signs approximately 240 feet apart. The pole sign will comply with all sign copy area, size requirements and setbacks as permitted for non-residential uses in Section 5.06.04 of the LDC. The variance will simply authorize the tenant (physician's office) to have a separate sign identifying • the business name of this separate building in the PUD. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a -f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. The site is unique in that the plan for development of this site has always contemplated two separate businesses to occupy the site. Because the property was not platted, the second business cannot have its own signage due to the separation requirement for signage on a single lot. Had the owner originally platted each development tract, each tract would then be permitted to have their own signage without any separation requirement. Further, this site is unique in that it is not immediately adjacent to Immokalee Road, where the majority of traffic traveling this corridor will be. The site is separated from Immokalee Road by the Cocohatchee Canal and Piper Boulevard, a local frontage road. The distance from the nearest edge of pavement of Immokalee Road to the proposed sign location is over 200 feet. The separate building within this PUD warrants the additional tenant signage. April 7, 2017 Page 1 of 3 �rt'�ida�4ltt3�1C Civil t ne'iocoru . triad I;m cy9r, . N angea a x L.111&1,;Il p ��Srltairris Piper Medical Office Building Sign Variance Petition Nature of Petition • b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. Functionally, each business entity operates as if it is on a separate lot of record. The general public cannot discern that the property is a single lot and literally applying the sign code as written does deprive the applicant of business signage that other business are permitted to construct when on a separately platted lot. Prohibiting signage identifying the tenant of this standalone building will create a hardship to the business owner. c) That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The applicant is not the original developer of the PUD and had no part in creating the PUD with two distinct development parcels. This land condominium circumstance is fairly unique and the applicant did not create the situation. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same • zoning district. Typically, standalone commercial business are located on individual platted lots or tracts. To the general public there would be no noticeable differences between this business and any other in Collier County. Approval of the variance will result in signage for the site consistent with other standalone businesses in Collier County. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The proposed sign has been located as far as practical from the existing Lock -Up Storage business signage. The 240 -foot separation proposed is the greatest separation possible, while allowing the sign to meet the minimum setbacks permitted for ground signs in the LDC. f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The proposed sign variance is consistent with the general intent of the sign code (LDC Section 5.06.01), which provides for control of signs to protect the health, safety and welfare of the community by lessening hazards to pedestrians or vehicular traffic. • April 7, 2017 Page 2 of 3 {�t`�td�liica��r uvil vn-gin Vi , • Land `utm'evsar, • Pl atanrtati • i 3mhcea� in laatrx i,� Piper Medical Office Building • Sign Variance Petition Nature of Petition • • The signage is necessary to provide patrons appropriate notice of the business in order to make safe vehicular access to the intended destination. The sign will comply with all other sign criteria of the LDC with the exception of this variance for separation from the other sign located in the PUD. April 7, 2017 Page 3 of 3 (� r�acl�s'�lincar (;it°i! Ln�Ett�'ea � t ER�t7ti �ttt�� i<�r� • �'i�kl��ze�r± « l�i�ptt!>u:a�e SFr, luircrLs AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) Piper Medical Office Huilding,Parcel Number 67953000048 1 Steven P. Wathen (print name), as Manager (title, if applicable) of EauityPiper Naples, LLC (company, if applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaser and that: 1. i have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 1 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize a Grady Minor and Associates, P.A. 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, t determine the applicant's status, e.g., individual, corporate, trust, partnership, and then • use the appropriormat for that ownership. Under penaltle o edury, I declare that I have read the foregoing Affidavit of Authorization and that the facts sta d in ate -true. Signature Date STATE OF FL-Gi=A Ore`: COUNTY OF eOWER� The foregoing instrument was sworn to (or affirmed) and subscribed before me on "2 (date) by (name of person providing oath or affirmation), as who is personally known to me or who has produced ..mss cncli Vii ' -h (type of identification) as identification. STAMP/SEAL ignature Of Notary u 7 {f NOTARY PUBLIC: FOR THE STAT I OF OHIO x y Cornrnission Expires • CP108 ` 01 Mune REV M-414 C, • • Piper Boulevard Medical Office Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Equity Piper Naples, LLC 2590 Northbrook Plaza Dr, Ste 203 Naples, FL 34119 Officers/Owners/Managers Steven P. Wathen Dr. Timothy Verwest 100% Percentage of Ownership June 12, 2017 OradMinor 0 3J°Itgirlkrvya• t'aII(IMarti Vyffry- I%ff)tie I.,CtIIwajw AwhiI({7Is 51% 49% Page 1 of 1 Piper Medical Office Building GradvAlinor 260 130 0 260 Feet 001 Engineers • nand Surveyors • Planners • Landscape ?architects 4 N 0 0 _._._._._._._._._._.—._.I II I EX. DRY DETENTION I PROPERTY UNE 1 v I-------, r — — — — — — —- 1 F----� i• I I I I I I r— —I;-------•—•—•-----'---•------ Iff I • EX�MP-R � I� — e e —� l i i•.�� -Tl�I� i I I II II I II r I t -nA I I 1y / UNIT 101 —j--PROPERT LLINE 9,952 S.F. r J• I / l UNIT 102 UNIT 10 I I EX. LOCK-UP STORAGE / I i I l b UNIT2 b I I PIPER BOULEVARD LAND J l / CONDOMINIUM --UN—IT-1--iL1�_���1_1�_l PIPER BOULEVARD X. LOCKUP SIGN o I �-- — — — — LAND CONDOMINIUM — — — — — — — — — — — — — — — _�� PROP. PIPER' i I I I;i MIN. 240' MEDICAL SIGN \ ❑ --- - - - - -moi - ---- -- - - - - - -- ------------------- � PROPERTY LINE — — — — — - - - - -PIPER BOULEVARD (PUBLIC) - - - o �?- - - I---------------------------------------�—_=====-- ® GradyMinor BW WD'1 R" Ifmti epmp. nonm east flvll h;nglneer9 1—d Surveyors Planners I,anaeca Ue. \rc:hiq;cGa ai nite fierinyrvxl 23i 47.1,44er ulxuu. �Y �xxnr. OAitlJMl/Oe.00n F�11'l M)Irrx: 2;I-1.41.1 PIPER MEDICAL OFFICE BUILDING MONUMENT SIGN EXHIBIT I N 11x17 SCALE: 1" = 40' SHEET 1 Or 8 LOCK-UP STORAGE AT OWNER/DEVELOPER BRB DEVELOPMENT, L.L.C. 800 FRONTAGE ROAD NORTHFIELD, IL 60093 pHnNE: (847) 446-7872 FAX: (847) 441-7:'32 LEGAL DESCRIP I'ION AOR 'fl— tl 'Al- R -A -All A k III I NO 1, ArCARD1N1:TO 11 R MREtgI rrM.ILIERAT 1. PI _ A'. rt .n A. tlgxG MORE P I— .1'dJDRIeFDAAF 1-1 T rN N. PR6A. FK RJTAPDF rdiNAa. 1, A—— 1.n�-1 Re l— AT PADPx An AM) t L T IJ F.R __l' �LUgUdATIRv RMNLE L 8 AND RpJB IDdR "Y FOR A dJTANI'E " r EINE RIM NURIx 1ITar — FDx A daTgac1. 11-14' UN J1IMIN 11'M]1' RA]T PAM aaR, wTlFl T F 9( AID pWc p fOR A d]T- IN roan PPRTT n1PJN'f U .. ! PART P�M A DM -1, d iuw FlA:T —1 1R fA9 RALLq. w1TH 1N! JDdN LRDi DF aA L .F ] Fox A daTANLL W I),I.M NSD: TR—P RUN MMI'11a 11' wF.AT 1- A -1-1 OIF 19.11 n1ENCE xl.ry NOR1Nq 11.1- EAJT FORA Ill 11'AFNP. of III JJ R'ET TD APlA dl SIM RAxI'UxF.pJAq BLM:R tlAOI)YNP Rtiafr IIxR OI' HE NgIt�RNT K NE0. M1q pI.OrR T11PMF RIM I.AaY R+V 111E AJ'Lx.E DF aAq nMA a.IFR6T TV'INk nxxr xxlNa, 1 aN IPLO..e]s IMMOKALEE ROAD SITE DEVELOPMENT PLANS LOCATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LOCATION MAP PREPARED BY: Q. GRADY MINOR AND ASSOCIATa P.A. e+`�` 1'v CIVIL ENGINEERS . IANU SURVEYORS R PLANNERS "' 9800 vl REL REY i1 III 4PRIIN PIggRA 341R4 ry PRI)NE : (R9/) "I ­..I. , (1.) 141-09'76 Y _. nn.NSAR-,NM 1 GAFF.'. ,RINE. 2006 MMDItPAUp RPGC Ai F11- NAME: NDT,dOSITE w .i )alalalEMµ IP 000E: NDTSUP E'N1Np DRA"NG NUMBER 1 OF 10 INDEX OF DRAWINGS DWO. NO. DESCRIPTION 1. COVER SHEET AND INDEX OF DRAWINGS 2. EXISTING CONDITIONS PIAN AND AERIAL 3. DEMOLITION PLAN 4. SITE PIAN 5. GRADING, PAVING AND DRAINAGE PLAN 6. UI'ILl'CY PLAN T GRADING, PAVING AND DRAINAGE DETAILS 8. WATER DFFAILS 9. SEWER DETAILS 10. EROSION CONTROL PLAN AND DETAILS nn.NSAR-,NM 1 GAFF.'. ,RINE. 2006 MMDItPAUp RPGC Ai F11- NAME: NDT,dOSITE w .i )alalalEMµ IP 000E: NDTSUP E'N1Np DRA"NG NUMBER 1 OF 10 REVISIONS Da1R 9 h W5CTamK k MY 1. flU1LDINC INFORMATION M EN LxLrcrs r Fr'cv3uiTNTs— u,q uwwN l TYPE 'R -B! CONSTRUCTION °T PVR °xu€"c v bl Y -cN In.RTs av 106,665 EI'- R f,%1tLILRwaifjw(pMUFNrz JSV s ./v K 31`P-'uP ro rte" w esv ....a FULLY SPRINKLED a sTA l L N?E" nRCWALL P[40vAL asv I �USTANTM1I-CIAM:Eltl?}I-- 4VifALL fM0N8EMN8luR11EE! dPaRTMFM 011llEORxn FOLIO NOS.: 65370720000 Fxnxrer m:nvu 65370800001 ($lgpplFF s12a�-QB- ORB DEVELOPMENT PUD NO.: 10_3 P�ausL a. x1Art, Pc. L�e�OfD !bIV NA .1 MY Ix)ra lA ­M1—A,NPN L:1PD.A RE-TRA11014 IRNa1ER ARNP nn.NSAR-,NM 1 GAFF.'. ,RINE. 2006 MMDItPAUp RPGC Ai F11- NAME: NDT,dOSITE w .i )alalalEMµ IP 000E: NDTSUP E'N1Np DRA"NG NUMBER 1 OF 10 • II I II II I i`,I 11 it it I usle,0 11 I ,, 11 i� II i , II I II I 11 w YY L) Ij II II Ii 11 1 1i II ,I 11 1' II i � II II II II I, i I ,I II I 11 'I II II II II 11 1 II II ,i II i, II Ii II , II II i, II 11 II 11 II 11 .11 II i II II II 11 I�r II / II /j 11 L TYPICAL) 6811 OBNER/DEVELPER DESIGNED BY: MID Q. CRADY li�IOR AND ASSOCIATES, P.A. BNB DEVELOPMENT, L.L.C. r 1 zrAN AL cN Ax.DE ou uL sv DRAW BY: Lc5 CIVIL RIGRiEE16 . LAND SURYETDNS . PUNNERS 800 FNONTAOILR e e o) PER COORD. vnM n.H. .O. 8 Cp15O1UC JSV APPROVED MSA NONDiFmll) L8WV9 8 ) PER AYMIO NEW JSv 9800 YIA DCL RC.Y M%klE: IBAT)M6i9Y2 rl OB PEA COLL i5 MA RON- BPRING9. PLDRIDA+ I FAX:,AI'1, H1)19r 1 9 OB FTrt COLI P Cgkl COMMENTS y,p lOB CODC NDTSDP PNON6 : (Y9p) Vti-IIN PAS :(Zsc) YAC T -09T6 Reriebn nets D«rqu0n BY SCALE: 1' s 20' Co u�`s n a �umR6Lib1,v1A anoilN' I -AD, a DELAIC, vE. W NA DEL RET ILOWA RE.— NUM BERAIv.4I LOCX-UP STORAGE GRADING, PAYING AND DRAINAGE PLAN DATE ,MINE. 1006 ND im9h ORARING NUIINER 6 OP ID �l __man man _-__-..--------------- � 1 1 I I i I I ' I I 1 I I I FIRE HYDRANT NO'fES� _ � 1:4 a�-sJMO.a rtTON.w mnnno r&.wm'�"`imt u,n"]xY�z "a Bwu a. x,s.wm nw i is _ x rsa umeaJn tua[ s uYWm W A u,rpu uuax /xnn rO. 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CIY1L ENCMEPRS .LAND SURVEYORS PLANNERS _ .. r B .. .� 5 Ax AL s e o] eER�gNAY1NC ftEWOUInFrAy SY r R(O'.DDC:: BOOFPON[AOE ROAD P D _A..' ..'-1.a xonCLD,Rm PJWfBA]) ] a W COMJ1 N)H NOtSOP . - P6 : (asl VaF-lea FAX: Bai SiAX:e])au1.7B Rur1Yp Onty D��ergl[on By RCAil: I" m 2O'xremW ca,r]e n ar•ivpoma�m2rP2s aaelsel _... ....... .._. _...... .-_ __. ._... .__. .- ........... ... .. ..... ._ 8 [ n� ' E ! a tb Y CLFAWB3C ...� S L.F. �a ®g [bRFY � 1+00 0+00 1+00 0+00 ...'. J mlI . V.E. SBOO NA DEL IF. —lA "-S ROmOA 3,13a RO A --P. NUY .1- LOCK—UP STORAGE UTILITY PLAN AND PROFILE M 6NYOieAxpM51@E DRATING NUMBER a Or 10 [ ' E ! .1 S L.F. r; 1+00 0+00 ...'. J mlI . V.E. SBOO NA DEL IF. —lA "-S ROmOA 3,13a RO A --P. NUY .1- LOCK—UP STORAGE UTILITY PLAN AND PROFILE M 6NYOieAxpM51@E DRATING NUMBER a Or 10 Tu 1HELUKUP NOW Self Storage June 7, 2017 Rachael Beasley Senior Planner Growth Management Department—Zoning Division Collier County Re: Piper Blvd. Land Condominium — Letter of Authorization Ms. Beasley, The Piper Blvd. Land Condominium Association's Declaration specifically states that signage, amongst other things, is excluded from the condominium form of ownership. Each land condo owner privately owns the improvements thereon. As a result, each business should be treated individually in regards to their permitted signage. • The Piper Blvd. Land Association formally authorizes each of its businesses to apply with Collier County for any signage that they feel best suits their needs. Please feel free to contact me with any questions. icand B. Nielscher President — Piper Blvd. Land Condominium Association . W iw `-4t 1 la a Notary Public in and for said Countv. in the State aforesaid, do hereby certify Richard B. Hieischer . President of PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Vice President, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and volu ary,Ict of said co=91:#p1peal, y, for the uses and purposes therein set forth. N urer my this -day ofj4 n e—_, 2017. ­'— tIl"%MIXI SEAL (SEAL) LYDIA T PADILLA • NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires May 11, 2019 800 Frontage Rd, Northfield, IL 60093 Ph: 847-441-7760 Email: ickh brbdev.com INSTR 4946224 OR 5009 PG 2390 RECORDED 2/18/2014 12:22 PM PAGES 56 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $477.50 This Instrument prepared by and after recording return to: Matthew L. Grabinski, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM, A COMMERCIA..I MINIUM This Declaration of Condorrtm =t�f Piper Blvd. L �d. ominium, a Commercial Land Condominium (the "DeclaratiorV��made this 18th day of February, 2014 by Lock Up - Evergreen Development Serie§-' LLC, liability company (the "Declarant"), for itself and its successors, grantkes.and assns..=— , 'N ti 1. PLAN OF DELVELOeME NT ITh ' r t� o*s the fee simple interest in certain real property, hereiraft , errt _ to'-,�cqpvett-§aid real property to the condominium form of ownerst*r; rid hereby makes t folios ing" 4,6�larations: Piper Blvd. Land Condominium;' bmmercial Land Cori" %+'shall be a Commercial Land C661 Condominium containing two (2) Its; set forth herein �3 � 2. LAND OWNERSHIP. Tied intends to develop a commercial land Condominium to be known as Piper Md. land Condominium, a Commercial Land Condominium (the "Condominium") on the real property parcel situated in Collier County, Florida and being more particularly identified and described as follows (the "Land"): SEE EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN 3. SUBMISSION STATEMENT. Declarant hereby submits the Land, as described on Exhibit "A", and all easements, rights and appurtenances belonging thereto, to the condominium form of ownership and use in the manner provided by the Florida Condominium Act as it exists on the date of the recording of this Declaration, excluding therefrom, however, all fixtures, buildings and all improvements (including, without limitation, parking lot improvements, signage and buildings), any public or private utility installations, cable television lines, and other similar equipment that are owned by the entity furnishing such services to the Condominium. The covenants and restrictions contained in this Declaration shall run with the land and be binding upon and inure to the benefit of all present and future Owners of Condominium Parcels. The acquisition of title to a Unit, or any other interest in the Condominium Property, or the lease, occupancy, or use of any portion of the Condominium Property shall constitute an acceptance and ratification of all provisions of this Declaration as it may be amended from time to time, and shall signify agreement to be bound by its terms. DECLARATION OF CONDOMINIUM OF PIPER BLvD. LAND CONDOMINIUM PAGE 1 OF 26 • • • • • • OR 5009 PG 2391 4. NAME AND ADDRESS. The name by which this Condominium shall be identified is PIPER BLVD. LAND CONDOMINIUM, a Commercial Land Condominium. The street address for this Condominium is 1025 Piper Blvd., Naples, Florida 34110. 5. DEFINITIONS. The terms used in this Declaration and its exhibits shall have the meanings stated below and in Chapter 718, Florida Statutes, (the "Condominium Act"), unless the context requires otherwise. 5.1 "Articles" or "Articles of Incorporation" shall mean and refer to the articles of incorporation of the Association, attached hereto and incorporated herein as Exhibit "C", as amended from time to time. 5.2 "Assessment" shall mean and refer to a share of the funds required for the payment of Common Expenses which from time to time is assessed against the Units. 5.3 "Association" shall ASSOCIATION, INC., a Flor operation of this Condominiutj 5.4 "Association owned or leased by the 5.5 "Board of which is responsible referred to in the Coi 5.6 "Building" sha'lfffie!kn and refer to any PIPER BLVD. LAND CONDOMINIUM 4ation, the entity responsible for the N referXo alt, property, real or personal, )enefrt cif the Unit Owners. the representative body s, and is the same body within a Unit. . - 5.7 `Bylaws" means th4lJB of the 60 ''tr attached hereto and incorporated herein as Exhibit "D", as amena6d„fr2o ` e 1T w ` 5.8 "Common Elements" consist solely of the easement interests granted to the Association, as set forth more particularly in Sections 8.1 and 8.2 below. 5.9 "Common Expenses" means all expenses properly incurred by the Association in its performance of its duties, as set forth more particularly herein. 5.10 "Common Surplus" means the amount of all receipts or revenues, including Assessments, rents or profits collected by the Association, which exceeds Common Expenses. 5.11 "Condominium" shall mean and refer to the commercial land condominium created by this Declaration. 5.12 "Condominium Documents" shall mean and include this Declaration and all recorded exhibits hereto, as amended from time to time. 5.13 "Condominium Parcel" means a Unit together with the undivided share in the Common Elements that is appurtenant to the Unit. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 2 OF 26 OR 5009 PG 2392 5.14 "Condominium Property" means the land subjected to the condominium form of ownership by this Declaration, and all easements and rights appurtenant thereto, but excluding all vertical improvements located thereon. 5.15 "Declaration" shall mean and refer to this Declaration of Condominium of Piper Blvd. Land Condominium, a Commercial Land Condominium, as amended from time to time. 5.16 "Institutional Mortgagee" shall mean and refer to the mortgagee (or its assignee) of a mortgage against a Condominium Parcel, which mortgagee or the direct or indirect parent company of such mortgagee is a bank, savings and loan association, mortgage company, insurance company, real estate or mortgage investment trust, pension or profit sharing trust. 5.17 "Invitees" means, customers, clients, patients, delivery persons, employees and all others who have reasonable cause to enter the Condominium Property in connection with the business of any Unit Owner orr ted - 5.18 "Land" shallfer to the-ie?operty described on Exhibit "A" attached hereto and into ted herein, and an"thee; real property added to the Condominium pursuant . th�prrscitsl t�s�Qf._t t 5.19 "Lease" use of the Owner's 5.20 "Member" 5:21 "Owner" and refer to the 5.22 "Percentage Inter tr sb4, mean ownership interest in the Comr`6i- " 7.1, below. F A it Owner of a temporary right of i r,A sociation. V titleAo a Unit, each Unit Owner's undivided Surplus, as set forth in Section 5.23 "Rules and Regulations" shall mean and refer to the rules and regulations that may be promulgated by the Board of Directors, to govern the use of the Common Elements and the operation of the Association. 5.24 "Unit" shall have the same meaning as the term "Unit" is defined in the Condominium Act, subject to the terms of this Declaration. 5.25 "Voting Interest" means the voting rights of an Owner in the affairs of the Association, which rights shall be appurtenant to a Unit and equal to the Percentage Interest assigned to the Unit as set forth within Section 7.1 below. 6. SURVEY AND PLANS: DESCRIPTION OF CONDOMINIUM: DESCRIPTION OF UNITS. 6.1 Survey and Plot Plan. Attached hereto as part of Exhibits "A" and "B", and incorporated by reference herein, are a legal description and a survey of the Land, and a plot plan, which graphically describe the location and dimensions Of the Units, including their DECLARATION OF CONDOMINIUM OF PIPER BLvD. LAND CONDOMINIUM PAGE 3 OF 26 • • L` OR 5009 PG 2393 C • identification numbers, locations and approximate dimensions and the Common Elements. The Condominium Land is legally described on Exhibit "A", attached hereto. Exhibit "B" contains the legal description and plot plan of Unit 1 and Unit 2. Together with this Declaration, the Exhibits are in sufficient detail to identify each Unit, the Common Elements, and their relative locations and dimensions. No Unit bears the same designation as any other Unit in the Condominium. 6.2 Unit Boundaries. The perimeter boundaries of each Unit are as depicted on Exhibit "B". There are no upper or lower boundaries for either Unit. 6.3 Utilities. The Unit shall not be deemed to include any pipes, wiring, ducts or other utility installations that are physically within the above-described boundaries. 6.4 Unit Identification. Exhibit "B" to this Declaration sets forth the Units in the Condominium. Each Unit is designated by a one (1) digit identifying number, as shown on Exhibit "B". The aforesaid identifying_ershatlLLlegally identify the applicable Unit. �o` 7. CONDOMINIUM APPUR4"•.ins AND USE. 7.1 Percenta shall be as follows: 7.2 Appurtenars'to Each Unit. The rights and own a cert4 ' i .Merest in the Ci limitation the following: 7.2.1 An undividec Common Surplus, as to each Unit Unit shall have certain :erty, including without : f the Common Elements and the in Section 7.1 above. 7.2.2 Membership and voting rights in the Association, which shall be acquired and exercised as provided in the Articles of Incorporation and Bylaws. 7.2.3 Other appurtenances as may be provided in this Declaration and its exhibits. 7.3 Use and Possession. An Owner is entitled to exclusive use and possession of his or her Unit (subject to the terms hereof, the Condominium Act, and any easements reserved herein), and is entitled to use the Common Elements in accordance with the purposes for which they are intended. All uses shall be permitted as long as such uses are in compliance with all applicable zoning, land usage laws and regulations. 8. COMMON ELEMENTS: EASEMENTS. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 4 OF 26 OR 5009 PG 2394 8.1 Definition. The land comprising the two (2) Units consists of the entire Condominium Property. Therefore, the Common Elements consist solely of the easement rights described in Section 8.2, below. 8.2 Easements. Each of the following easements and easement rights is reserved through the Condominium Property, is a covenant running with the land, and, notwithstanding any provision herein to the contrary, may not be revoked and shall survive termination of the Condominium. None of these easements may be encumbered by any leasehold or lien other than those on the Condominium Parcels. Any lien encumbering these easements shall automatically be subordinate to the rights of Owners with respect to such easements. 8.2.1 Utility and other Easements. The Association has the power, without the joinder of any Unit Owner, to grant, modify or move easements such as electric, gas, cable television, or other utility or service easements, or relocate any existing easements, in ,,-an ` � `arf-p? Common Elements or Association Property, and to nt pts., or relocate any existing access easements in any., , '' of the Com tt�tnents or Association Property, as the Association sbal} deem necessary or desist for the proper operation and maintenance of the Condominium. Such easetPenis tn, or the relocation of existing easements, ayrnot'"refre�rt or._imreaisdnabty interfere with the use of the Units. The Association t related equipment, facilities or taJi" yOt eic n s j the'_ requirements of any utility material, and to/ g, er�m to aje[i wh1, any,'suc utility related equipment, company or • facilities or iiia t erred,-ho"'Wusive cross -easements are hereby gra rr'e i,in favor of each Un r a6o- 0/ repair and maintenance of underground\in k{ and sewer facilitie as?thf -s"� ne may be located and exist from time to tlr the purpose of priter and sev+rer service to the Units. y.. 8.2.2 Encroachment - !f r'tJititt. ir`�K improvement on a Unit) encroaches upon any of the Common Elemeffs--or upon any other Unit for any reason other than the intentional act of the Owner of such Unit, or if any Common Element encroaches upon any Unit, then an easement shall exist to the extent of that encroachment as long as the encroachment exists. 8.2.3 Ingress and Egress. A non-exclusive easement shall exist in favor of each Owner and occupant, their respective guests, tenants, licensees and invitees for pedestrian and vehicular traffic over, through, and across sidewalks, streets, outdoor parking areas, driveways, paths, walks, and other portions of the Units as may from time to time be designated for such purposes and uses by the Owner of such Unit, and for reasonable vehicular and pedestrian ingress and egress over, through, and across such outdoor portions of the Units as may from time to time be designated and/or reconfigured for such purposes and uses by the Owner of such Unit. 8.2.4 Declarant's Right to Grant Easements. The Declarant, during any period in which the Declarant has any ownership interest in the Condominium Property, shall have the right to grant such electric, telephone, gas, water, sewer, irrigation, drainage, cable television, access, maintenance, signage or other easements, DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM • PAGE 5 OF 26 OR 5009 PG 2395 • • and to relocate any existing easements in any portion of the Common Elements and to grant access easements and to relocate in the existing access easements in any portion of the Common Elements as the Declarant shall deem necessary or desirable. 8.2.5 Association's Access to Units. The Association has an irrevocable access easement to, over and through each Unit, during reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements or Association Property (including, without limitation, the utility infrastructure required to be maintained by the Association in accordance with Paragraph 11.1, below), or as necessary to prevent damage to the Common Elements or to one or more Units. The exercise of the Association's rights of access to the Unit shall be accomplished with due respect for the rights of occupants to privacy and freedom from unreasonable annoyance, as well as with appropriate precautions to protect the personal property within the Unit. 8.2.6 Drains a Area -a, eMei#: *kive drainage easement ("Drainage Easement") is heretj' , ablished over h tions of Unit 1, for the benefit of the Owners of ia6kbit, as depicted on th lot"plat attached hereto as Exhibit "B", and incolporat'ed-herein.-a.T.tle Drainage � ase' hent shall be maintained by the Associ0on andlh*,serve as d�-detention area for the Condominium Property. 1 t /"", 1 ��- 8.2.7 Dumpstdt AcodW gaselnont. A! rionlusive access easement ("Dumpster skihi i`) is r6by blis v- e�rtain portions of Unit 2, for the benefit �frtit 1 for the placem� an ue/of the dumpster(s) located upon Unit 2.:'T'location of the DuWer' Eent is described on the plot plan attached h&etd,�s Exhibit "B", and inlb8' Gated herein. 8.2.8 Cross -Drain 4,6 se" rYci xclusive cross drainage easement shall exist over the Condon dr Pr lseriy, in favor of each Unit, for the purpose of storm -water management and the operation, repair and maintenance of stormwater catch basins, as the same may exist or be located on the Condominium Property from time to time, as required by applicable governmental authorities. 8.3 Restraint upon Separation and Partition. The Percentage Interest appurtenant to a Unit cannot be conveyed or encumbered separately from the Unit and shall pass with the title to the Unit, whether or not separately described. As long as the Condominium exists, the Common Elements cannot be partitioned. The shares in the funds and assets of the Association cannot be assigned, pledged or transferred except as an appurtenance to the Units. 9. ASSOCIATION. The Condominium shall be operated by Piper Blvd. Land Condominium Association, Inc., a Florida not-for-profit corporation, which shall perform its function pursuant to the following: 9.1 Delegation of Management. The Association may contract for the management and maintenance of the Condominium Property (and/or any improvements located thereon for which the Association is responsible for maintaining) and employ a licensed manager or DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 6 OF 26 OR 5009 PG 2396 management company to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, keeping of records, enforcement of rules and maintenance, repair and replacement of the Common Elements with funds made available by the Association for such purposes. The Association and its officers however, shall retain at all times the powers and duties provided in the Condominium Act. 9.2 Membership. The membership of the Association shall be the record Owners of legal title to the Units, as further provided in the Bylaws. 9.3 Acts of the Association. Unless the approval or affirmative vote of the Unit Owners is specifically made necessary by some provision of the Condominium Act or these Condominium Documents, all approvals or actions permitted or required to be given or taken by the Association may be given or taken by its Board of Directors, without a vote of the Owners. The officers and directors of the Association have a fiduciary relationship to the Owners. An Owner does not have the authority to aot,W, *e fks dation by reason of being an Owner. 9.4 Powers and DutiesL powers and dUti0'sK,"' e Association include those set forth in the Condominium and the Condominium Mocuments. The Association may contract, sue, or be sued with ETeSpect\to,..the exercise "of non -exercise of its powers and duties. For these purpoOes,�he r5v� of . e Association r clude, but are not limited to, the maintenance, manage ent,o muni Property and Association Property. The Associa't ronl a g` t ewer e` e. i o� r ements to acquire leaseholds, , ;� , PQ I � , memberships and otfI wrier pos ry ori use i tttterpsts in lands or facilities, regardless of whether fti�n ''"`r fa ' � ntig to f�e�Condominium. 9.5 . Official RecotdanThe Association shat' irttajA,6 fficial records as required by taw. The records shall be o tp inspection by mem rr their authorized representatives reasonable times. The. inspect the ra',.. Ludes a right to make or obtain at all r �� p �,. r<t,lac photocopies at the reasonable eee etee s>seking copies. 9.6 Purchase of Units. The Association has the power to purchase one or more Units in the Condominium, and to own, lease, mortgage, or convey them, with such power to be exercised by the Board of Directors. 9.7 Acquisition of Property. The Association has the power to acquire property, both real and personal. The power to acquire personal property shall be exercised by the Board of Directors. Unless otherwise specifically provided elsewhere herein, the power to acquire ownership interests in real property shall be exercised by the Board of Directors, but only after unanimous approval of the Voting Interests. Notwithstanding the foregoing and to the fullest extent permitted by law, the Declarant shall have the right to convey title to any property owned by it, or any easement or interest therein, to the Association as Association Property, and the Association shall be required to accept Such conveyance; provided, however, title to such property shall be free and clear of security interests. Any such conveyance shall be effective upon recording the deed or instrument of conveyance in the Public Records of Collier County, Florida. 9.8 Disposition of Property. Any property owned by the Association, whether real, personal or mixed, may be mortgaged, sold, leased or otherwise encumbered or disposed of DECLARATION OF CONDOMINIUM OF PIPER BLvD. LAND CONDOMINIUM PAGE 7 OF 26 • • • • OR 5009 PG 2397 by the affirmative vote of a majority of the entire Board of Directors, without need for authorization by the Owners. 9.9 Roster. The Association shall maintain a current roster of names and mailing addresses of the Owners, based upon information supplied by the Owners. A copy of the roster shall be made available to any Member upon request. 9.10 Limitation on Liability. Notwithstanding its duty to maintain and repair Condominium or Association Property, the Association shall not be liable to individual Unit Owners for personal injury or property damage caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements, Owners or other persons. 9.11 Member Approval of Certain Litigation. Notwithstanding any other provision of the Condominium Documents, the Board of Directors shall be required to obtain the prior approval of 100% of the Voting ,jfft-;�s ric a payment of, or contracting for the payment of, legal fees to a„ �p r n"ifa +� ' ~6ttie Association for the purpose of commencing any lawsuit, o r the followi�!r ses: 9.11.1 the 9.11.2 the 9.11.3 in 9.11.6 filing a counterclaim. obligated to pay; approval of the members to the Association or its The foregoing shall not precludo-anying-e�►yi�wsfg for, or contracting for the payment of legal fees for the purpose of comuit on the Owner's behalf. 10. ASSESSMENTS AND LIENS. The Association has the power to levy and collect Assessments against each Unit and Unit Owner in order to provide the necessary funds for proper operation and management of the Condominium and for the operation of the Association. This power includes both "regular" Assessments for each Unit's share of the common expenses as set forth in the annual budget, and "special" Assessments for unusual, nonrecurring or unbudgeted Common Expenses. The Association may also levy "special charges" against any individual Unit, for any amounts, other than for Common Expenses, which are properly chargeable against such Unit(s). Assessments shall be levied and payment enforced as provided in the Bylaws, and as follows: 10.1 Common Expenses. Common Expenses include the expenses of management, operation, maintenance, repair, replacement or insurance of the Common Elements and Association Property, the expenses of operating the Association, and any other expenses properly incurred by the Association for the Condominium, including amounts budgeted for the purpose of funding reserve accounts (if any). DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 8 OF 26 OR 5009 PG 2398 • 10.2 Share of Common Expenses. The Owner of each Unit shall be liable for a share of the Common Expenses equal to his share of Ownership of the Common Elements and the Common Surplus, as set forth in Section 7.1, above. 10.3 Ownership. Assessments and other funds collected by or on behalf of the Association become the property of the Association; no Owner has the right to claim, assign or transfer any interest therein except as an appurtenance to his Unit. An Owner shall not be entitled to withdraw or receive distribution of his share of the Common Surplus, except as otherwise provided herein or by law. 10.4 Liability for Assessments. The Owner of each Unit, regardless of how title was acquired, is liable for all Assessments or installments thereon coming due prior to or while he is the Owner. Multiple Owners are jointly and severally liable. Except as provided in Section 19.3, below (as to certain first mortgagees), whenever title to a Condominium Parcel is transferred for any reason, the new Owner is jointly and severally liable with the previous Owner for all Assessments which pam e I the transfer and remain unpaid as of the date of the transfer, without r Y 1 new Owner may have to recover from p, „ the previous Owner any past, c ounts paid by t�, ,Owner. 10.5 No Waiver o`Exou"W1i ITI-F ent.-The liakility'for Assessments may not be avoided or abated by/wa' er 16f-Iftle,u ..tor enjoyment,of any Common Elements, by abandonment of the tjnit 6 arymace, or by interruption in the availability of the Unit §r t661 B erg n f(ia° on whatsoever. No Unit Owner • may be excused from A, m6nt , f is, sli re o th 4`o o. Expenses unless all Unit Owners are likewise p I tl % lY pa errtJ pt as otherwise provided in Section 20.3, below (arrtain first mortgagee) 10.6 Application of ts- Failureto Pay:�4efes .- ssessmenfs and installments thereon paid on or before t 0) days after the ue shall not bear interest, but all sums not so paid shall the ,a iI ea ere tth&.j'est rate allowed by law, calculated from the date due until paid.Tiemitte ty lawi5ciatl also impose a late payment fee (in addition to interest) to the extent per. Assessments and installments thereon shall become due, and the Unit Owner shall become liable for said Assessments or installments, on the date established in the Bylaws or otherwise set by the Board of Directors for payment. All payments on account shall be applied first to interest, then to late payment fees, court costs and attorneys' fees, and finally to delinquent Assessments. No payment by check is deemed received until the check has cleared. 10.7 Acceleration. If any regular Assessment, special Assessment, or special charge levied against a Unit is unpaid thirty (30) days after the due date, the Association shall have the right to record a Claim of Lien for the unpaid amount due. Upon the recordation of Claim of Lien, the Association shall thereafter have the right to accelerate the due date of the entire unpaid balance of the Unit's Assessments for that fiscal year. The due date for all accelerated amounts shall be the date the Claim of Lien was recorded in the public records. The Association's Claim of Lien shall secure payment of the entire accelerated obligation, together with interest on the entire balance, attorneys' fees and costs as provided by law; and said Claim of Lien shall not be satisfied or released until all sums secured by it have been paid. The right to accelerate shall be exercised by sending to the delinquent Owner a notice of the exercise, which notice shall be sent by certified or registered mail to the Owner's last known address, and shall be deemed given upon mailing of the notice, DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM • PAGE 9 OF 26 OR 5009 PG 2399 • • • postpaid. The notice may be given as part of the notice of intent to foreclose, as required by Section 718.116 of the Condominium Act, or may be sent separately. 10.8 Liens. The Association has a lien on each Condominium Parcel securing payment of past due Assessments, including interest and attorneys' fees and costs incurred by the Association incident to the collection of the Assessment or enforcement of the lien, whether before, during or after a lien foreclosure suit. The lien is perfected upon recording a Claim of Lien in the Public Records of Collier County, Florida, stating the description of the Condominium Parcel, the name and address of the Association, the name of the record Owner, the Assessments past due and the due dates. The lien shall be executed and acknowledged by an officer or authorized agent of the Association and shall remain in effect until satisfied by full payment or barred by law. The Claim of Lien secures all unpaid Assessments coming due prior to a final judgment of foreclosure. Upon full payment, the person making the payment is entitled to a satisfaction of the lien. 10.9 Priority of Lien. subordinate and inferior to required by the Condominil shall be superior to, and #i the mortgage or lien `raE Condominium Act, as afner and inferior to the Associatif a lien for unpaid Assessments shall be fid: list mortgage, but only to the extent amended Trca to time. The Association's lien over, any other ftgoge or lien regardless of when sex; t M1�s othe seg,, expressly provided by the ime„to time. ` ny lea a cid a Unit shall be subordinate dlinr ash was executed. 10.10 Foreclosure of Clea, T Ais ci 't` may ging aO aci{ion in its name to foreclose its lien for unpaid Assesriers rr�t .' n ovid�)ti #i�Condominium Act, and may also bring an action t6'Is ver a money judgMent for tae unpaid Assessments without waiving any lien rights. 10.11 Certificate as to�AAir§e'ssments. Within f ;ekd6�1-�li days after request by a Unit Owner or mortgagee, the Asso i otiigt-p 4� ' � tificate (sometimes' referred to as an "estoppel letter") stating whether alb-Usi& �-.arid other monies owed to the Association by the Unit Owner with respect to theCondominium Parcel have been paid. Any person other than the Owner who relies upon such certificate shall be protected thereby. 11. MAINTENANCE: LIMITATIONS UPON ALTERATIONS AND IMPROVEMENTS. Responsibility for the protection, maintenance, repair and replacement of the Condominium Property, and restrictions on its alteration and improvement shall be as follows: 11.1 Association Maintenance. The Association is responsible for the protection, maintenance, repair and replacement of all Common Elements and Association Property, and (except for the maintenance, repair and replacement item set forth in the paragraph below), the cost of the foregoing shall be a Common Expense. The Association's responsibilities shall initially be limited to the following: (a) operating, maintaining, repairing and/or replacing the drainage system, including the dry retention area located within the Drainage Easement, as depicted on Exhibit "B", (b) operating, maintaining, repairing and/or replacing the Dumpster Easement area, including the maintenance of a physical trash dumpster with such area for the use of both Unit Owners, and DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 10 OF 26 OR 5009 PG 2400 • (c) operating, maintaining, repairing and/or replacing the following utility infrastructure (whether located within the Condominium Property or located adjacent to the Condominium Property and serving the Condominium Property, to the extent not maintained by Collier County: (1) the 8" sanitary sewer line that serves the Condominium Property, up to (but not including) the 6" connections and 6" connection lines for the respective Units; (2) the 8" Fire Protection System Water Main, up to (but not including) the 6" gate valve for each Unit; All incidental damage caused to a Unit by work performed or ordered to be performed by the Association shall be promptly repaired by and at the expense of the Association with the cost to be a Common Expense. The Association shall restore the property as nearly as practical to its condition before the damaq!e. _ 11.2 Unit Owner Maint rS" n e. ess- aCe21ty assigned to the Association in Section 11.1, above, ea -Uri 'Owner is respI at his own expense, for all maintenance, repairs, an rcements of his or hoelnif;,together with all additions or improvements added thFretoiTfie"�6"wffier's re ponsibilitiesincli�tde, without limitation: 11.2.1 Day[, to chap nib e repair and/ac replacement of • any Buildin�(s) f 6a ma pb c§n i d fir *Vn4l tine within a Unit; 11.2.2 MaMe a pair out r• ays, driveways, sidewalks, parking lot li 'h n and parking lots (i ludipg racing and re -striping) within the Unit; "'ice t Vit` 11.2.3 Maintenahgl " ,'` 11utside land ctipki and irrigation within Owner=s Unit; 11.2A Maintenance onfrastructure located within the Unit boundaries and serving only such Unit (including connections) including, without limitation, the following: (a) the 6" sewer pipes serving the respective Unit, up to and including the 6" connection point with the primary 8" sewer line referenced in Paragraph 11.1(c)(1), above; (b) the 6" fire protection system line serving such Unit, up to and including the gate valve connection point with the primary 8" Fire Protection System Water Main reference in Paragraph 11.1(c)(2), above; (c) the potable water meter and service lines 11.2.5 Periodic repainting of the Buildings; and 11.2.6 Periodic pressure cleaning of the Buildings. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMIMUM • PAGE 11 OF 26 OR 5009 PG 2401 • However, any insurance proceeds paid to the Association with respect to any loss or damage within the Unit which is covered by the Association's casualty insurance policy, and which loss would otherwise be bome by the Unit Owner, shall be paid to the Unit Owner. 11.3 Other Unit Owner Responsibilities. Each Unit Owner shall also have the following responsibilities: 11.3.1 Modifications and Alterations. If an Owner makes any modifications, installations or additions to his or her Unit or the Common Elements, then such Owner and his or her successors in title shall be financially responsible for the insurance, maintenance, repair and replacement of the modifications, installations or additions. 11.3.2 Use of Licensed and Insured Contractors. If an Owner contracts for or otherwise causes the maintenance, repair, replacement, alteration, addition or improvement of any � 0f or, -Common Elements, whether with or without Association '' yrt `ir A nrner shall be deemed to have warranted to th jeAb t, the Ass8bi Ir r d its members that his or her contractor(s) art; properly licensed and fuwei sr�ed. In addition, such Owner ("lndemnitor"Yshajt indemriify-and hold harmless thg Declarant, the Association, and all other Unit Ori6g&—&,(c0llectivel`y he "In mNtee") from and against any loss, costs, Pxpe° b' a lrhdemnitee caused (in whole • or in part) by an; nit nti`t a, or neg` g tt cl o ;sioh of the Owner or any other person and, r�lated;to 4 e erfo ce of n repair(;, maintenance, alterations and/or addib ns',i�n€ 'In ' ' o it or rr&-LI"cements. • 11.4 Alteration of U ' ?or Common Elem "` U ners. Except as provided in this Section 11.4, an owiie(sba 11 not make any alteratu ns or additions 'to his Unit which would add to or remove ani i of the Commo jip ts, nor do anything which would adversely affect the safety O!` n of the Condominium Property. Subject to the foregoing, a Unit s iat�av night to make alterations within a Unit without the prior approval of the Board so ong as the changes are in compliance with all applicable building codes and also subject to such Owners indemnity obligations set forth in Section 11.3.2, above. In creating this Land Condominium, the Declarant specifically intends to provide the Owner of each Unit with maximum flexibility with respect to any future improvements or redevelopment that may occur from time to time on such Unit subject to the terms of this Declaration, and applicable zoning and building codes and regulations. It is not Declarant's intent that any future improvements or redevelopment that may occur from time to time on Units should unreasonably interfere with other Owners' possession or quiet enjoyment of Units. 11.5 Alterations and Additions to Common Elements and Association Prooertv. The protection, maintenance, repair, insurance and replacement of the Common Elements and Association Property are the responsibility of the Association and the cost shall be a Common Expense. Beyond this function, the Association shall not, without the unanimous prior approval of the Voting Interest, make any material alteration of, or substantial additions to, the Common Elements or the real property owned by the Association if, for any calendar year, the aggregate cost of such alterations and/or additions will exceed $10,000.00. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 12 OF 26 OR 5009 PG 2402 • Alterations or additions costing less than this amount may be made with Board approval. However, if work reasonably necessary to protect, maintain, repair, replace or insure the Common Elements or Association Property also constitutes a material alteration or substantial addition to the Common Elements, no prior Unit Owner approval is required. 11.6 Enforcement of Maintenance. If, after reasonable written notice an Owner fails to maintain her Unit as required above, the Association may institute legal proceedings to enforce compliance, or may take any and all other lawful actions to remedy such violation. The Association shall have the irrevocable right of access to each Unit during reasonable hours, with or without notice to or consent of the Unit Owner or tenant, when necessary for the maintenance, repair, or replacement of any Unit or Building as necessary to prevent damage to the Common Elements or to a Unit or Units. Any expenses incurred by the Association pursuant to this Section 12.6 shall be charged to the Unit Owner, together with reasonable attorney's fees and other expenses of collection, if any. 11.7 Negligence: Dama e Caus.0;hV0bAdWQn in Unit. The Owner of each Unit shall be liable for the expenses of a i,.,_.. a; tgeptacement of Common Elements, other Units, or personal pro�tdad6 necessary'" %, 4,,her act or negligence, or by that of any member of his or for feasts, employees, agen nor tenants. Each Unit Owner has a duty to maintain his or her Uimprovemer�s, fixtures, and personal property therein, in such a manner as tq prewenfF�fot sees ae ntl r asonAly preventable damage to other Units, the Common Efeme` t t nets and/or occupants. If any condition, defect or malfu cf n` s Iti g=if� ii t. eifs failure to perform this duty • causes damage to otN,rer n' , t ohiro n = em ts( Aisoc ation Property or property within other Units, Buildin�q' ; t end* �inii all be liable to the person or entity responsible for rep�ng the damaged pro' i , rty fior I`I ci is of repair or replacement not covered by insurance; ; one or more of th , s{ in is not occupied at the time the damage is discoverer` Association may en "unit'without prior notice to the " " Owner and take reason" on to mitigate age or prevent its spread. The Association may, but is not o o � repattf--Acle without the prior consent of the Owner. j:._€ 12. USE RESTRICTIONS. The use of the Condominium Property shall be in accordance with the following provisions: 12.1 Units. Each Unit shall be used and occupied as permitted by the applicable zoning laws and regulations and as permitted by this Declaration and any other private restrictive covenants. 12.2 Common Elements. The Common Elements shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the enjoyment of the Units. 12.3 Signs, Advertising. The use and display of all signage shall be subject to applicable county laws and regulations. 12.4 Lawful Use. No unlawful use shall be made of the Condominium Property nor any part of it, and all valid laws, covenants and restrictions, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed. The responsibility of meeting the requirements of governmental bodies for maintenance, DECLARATION OF CONDOMIMUM OF PIPER BLVD. LAND CONDOMIMUM • PAGE 13 OF 26 • • OR 5009 PG 2403 modification or repair of the Condominium Property shall be the same as the responsibility for the maintenance and repair of the property concerned. 12.5 Nuisances. No Owner shall use his or her Unit, or permit it to be used, in any manner which constitutes or causes an unreasonable amount of annoyance or nuisance to the occupant of another Unit, or which would be inconsistent with the maintenance of the highest standards for a first class commercial condominium. 12.6 Parking. All parking spaces (including handicapped parking) required by applicable municipal and county regulations and pertaining to the use or uses of a Unit shall be located entirely within such Unit, unless the Owner thereof is able to obtain an off-site parking lease or easement. 12.7 Outside Areas. All outside areas, including parking areas and the Common Elements (if any) shall be kept clean and free from dirt, cigarette butts and rubbish, and no Unit Owner or other occupanttp -a obstruction or the storage of any merchandise, packing container / " �i oftr materials to be placed or kept in such areas. Such items stt 1 Ilgkc n directly to a dumping facility for disposal or shall be promptly towed to/a atclrage lot at the Owner's " pence. 12.8 Square Fo Unit containing more 13. SALE LEASE.QRS E sale, lease or transfer QfAn' and drrT not required to obtain tt�e" proval of the grantee) required to obt6'" , rtificate of a building within such be no restriction on the >e or transfer their Unit is Owner (or such Owner's ation. . 14. INSURANCE.Iri `e hall be qai6d,'6rid' kept in force at all times in accordance with the following ps Qs fts: 14.1 Unit Owner. Each Unit Owner is responsible for insuring his or her own Unit, and the Building(s), fixtures and personal property therein. 14.2 Required Unit Owner Coverage. Each Unit Owner shall establish and maintain the following insurance coverages and shall have the Association named as an additional insured under each policy: 14.2.1 Property Loss or damage by fire, extended coverage (including windstorm), vandalism and malicious mischief, and other hazards covered by what is commonly known as an `All Risk" property contract, in commercially reasonable amounts. 14.2.2 Liability General premises and liability for bodily injury and property damage, with coverage of at least $2,000,000.00 per occurrence. The Association shall be named as an additional insured on such policy. Notwithstanding any provision herein to the contrary, the Association shall not have any obligation to monitor or otherwise verify that any Owner has procured and/or is maintaining the insurance policies required by this Section 14.2. DECLARA-nON OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 14 OF 26 OR 5009 PG 2404 • 14.3 Association insurance; Duty and Authority to Obtain. The Association is responsible for insuring the Common Elements. The Board of Directors shall obtain and keep in force the insurance coverage which it is required to carry by law and under the Condominium Documents, and may obtain and keep in force any or all additional insurance coverage as it deems necessary. The named insured shall be the Association. To the extent permitted by law, the Association may self insure. Notwithstanding anything to the contrary herein, the Association's insurance responsibility, as required by this Declaration and by Section 718.111(11) of the Condominium Act, shall not include the Buildings, nor any other improvement upon a Unit as the Buildings and other improvements are not part of the Condominium Property. Prior to submitting the Land to this Declaration, the Declarant constructed certain improvements upon Unit 1 and Unit 2. For the purposes of Section 718.111 (1 1)(b)2. of the Condominium Act (as the same may be amended from time to time), the improvements upon Unit 1 and (when built) Unit 2 shall not be deemed "condominium property located inside the units as such property was initially installed, or replacements thereof of like kind and quality and in accordance with the original plans and specifications or, if the original plans and specific' not -available, as they existed at the time the unit was initially conveyed." 14.4 Re uired Asso6iti6W Covera e. The Assciat�on shall maintain adequate insurance covering the off a -E ements as well as atAsation Property, in amounts determined annually bi the Brcf:f Dl�edo`s, ``such in urce to afford the following protection: t 14.4.1 Pro a os �of dar g y ,e Ird, 4xtedded coverage (including 0 windstorm),,, a� li mis*&, ,m other hazards covered by what is coma `)y known as an 'All It*" prbpeo tract, if deemed necessary by the Board.,l ecognized that thejo is rIll own little (if any) property, and rfiay eleci` o'f-insure the same. 14.4.2 Liability. Pr sei­,* 6nkliability for bodily injury and property damage in such limits`661) i 6 th such coverage as are determined by the Board of Directors. 14.4.3 Worker's Compensation. The Association shall carry Worker's Compensation insurance if applicable and required by law. in addition, the Association shall verify that all contracts entered into by the Association with a third party require such third party to furnish evidence of workers compensation coverage, if applicable. 14.5 Optional Association Coverage. The Association may purchase and cant' other such insurance coverage as the Board of Directors may determine from time to time to be in the best interest of the Association and Owners. Director's liability insurance may be obtained as an Association expense. 14.6 Description of Coverage. A summary of the coverage included in the master policies, and copies of a master policies, shall be available for inspection by Unit Owners or their authorized representatives upon request. 14.7 Premiums. Premiums for all insurance obtained and purchased by the Association shall be paid by the Association. The cost of insurance premiums, and other DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM • PAGE 15 OF 26 OR 5009 PG 2405 • • • incidental expenses incurred by the Association in administering and carrying out the provisions of this Section, shall be assessed against and collected from the Unit Owners as a Common Expense. 14.8 Insurance Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association, the Unit Owners and their mortgagees as their interests may appear, and all proceeds shall be payable to the Association. The duty of the Association shall be to receive such proceeds as are paid, and to hold the same in trust, and disburse them for the purposes stated herein and for the benefit of the Owners and their respective mortgagees in the following shares: 14.8.1 Common Elements. Proceeds on account of damage to Common Elements shall be held in as many undivided shares as there are Units, the shares of each Owner being the same as his share in the Common Elements. 14.8.2 Units. Proceeds u {, qage to one or more Units shall be held in undivided shraamount of damage within each damaged Unit a4 -q, w } age of the to -t&�rr age within all Units. 14.8.3 Mortga§ee/Ifa"ri 0rtgagee E shares of the moitga6t- d ihe�Ui no event shill an' proceeds t ` any, m in a orlmad except to tf e„p e�t�iAstk'apc6restoration Qf tyle provided, noilriigagee shall have improvement$hf;ie restored after een issued as to a Unit, the as their interests appear. In Ind application of insurance 0, hold against Unit or Units, !the actual cost of repair or ept as otherwise expressly gate in determining whether 14.9 Distribution of R d� p. � Proceeds _pPJ rdnce policies received by the Association shall be distribute t! `or'JM+ 11WOwners in the following manner: 14.9.1 Cost of Reconstruction or Repair. If the damage for which the proceeds are paid is to be reconstructed or repaired by the Association, the remaining proceeds shall be paid to defray the costs thereof. Any proceeds remaining after defraying costs shall be distributed to the beneficial Owners, remittances to Owners and their mortgagees being paid jointly to them. 15.9.2 Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided herein that the damages for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial Owners, remittances to Owners and their mortgagees being payable jointly to them. 14.10 Association as Agent. The Association is hereby irrevocably appointed as agent for each Owner to adjust all claims arising under insurance policies purchased by the Association for damage or loss to the Condominium Property. 15. RECONSTRUCTION OR REPAIR AFTER CASUALTY. If any part of the Condominium Property is damaged by casualty, whether and how it shall be reconstructed or repaired shall be determined as follows: DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 16 OF 26 OR 5009 PG 2406 15.1 Damage to Units. Where loss or damage occurs within one or more Units, any Association insurance proceeds on account of the loss or damage, less the deductible, shall be distributed to the Owner(s) of the damaged Unit(s) in shares as provided in Section 15 above. The Owner(s) of the damaged Unit(s) shall be responsible for reconstruction and/or repairs, except that upon the failure or refusal of the Owner(s) to timely effect the repairs or reconstruction, the Association may thereafter complete the same as provided herein. 15.2 Damage to the Common Elements. Where loss or damage occurs to the Common Elements, the Association shall be obligated to repair, restore and rebuild the damage caused by the loss, and the following procedures shall apply: 15.2.1 The Board of Directors shall obtain, as soon as reasonably possible under the circumstances, reliable and detailed estimates of the cost of repair and restoration, and shall negotiate and contract for repair and reconstruction. 15.2.2 If the proceeds of'' -__ n for the cost of i, k Association shal}�(o " _ upon dl Assessmenta airast�all Owners in Elements for heefrciency:,, Such by the Owners. )rhe isp4i�lI Amies: for repair anid restwpWs0o�C 15.3 Applicati6n !of MsUraocc monies dis> ut$ d'%r rep`aiwa, d there is a bata in the funds held -i costs of rep restoration, such Owners, excepais ottlerwise provided )le reserves are insufficient to pay of the Common Elements, the f,of the deficiency, levy a special to,, their shares in the Common sess`Tents need not be approved Ihbe added to the funds available 4 be presumed that the first the insurance proceeds. If 4ion after the payment of all 11 be distributed to the .Unit above. 15.4 Equitable Relief. In ttte �bf'�otfe Common Elements which render any Unit unusable for its intende nd A age is not repaired, reconstructed, or rebuilt within a reasonable period of time by the Association, the Owner of the unusable Unit may petition a court for equitable relief, which may include a termination of the Condominium and a partition sale. For the purposes of this provision, it shall be presumed that repair, reconstruction or rebuilding has occurred within a reasonable period of time if work is commenced within six (6) months following the damage or destruction and is completed within twelve (12) months thereafter. 16. CONDEMNATION. 16.1 Deposit of Awards with Association. The taking of all or any part of the Condominium Property by condemnation or eminent domain shall be deemed to be a casualty to the portion taken and the awards for that taking shall be deemed to be proceeds from insurance on account of the casualty. 16.2 Determination Whether to Continue Condominium. If any portion of the Condominium Property is taken by condemnation, eminent domain or is conveyed to the governmental entity in lieu of condemnation, then the Condominium will continue unless all Unit Owners vote to terminate the Condominium. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 17 of 26 • .7 • OR 5009 PG 2407 • 16.3 Disbursement of Funds. If the Condominium is terminated after condemnation, the proceeds of all awards and special Assessments will be deemed to be Condominium Property and shall be owned and distributed in the manner provided for insurance proceeds when the Condominium is terminated after a casualty. If the Condominium is not terminated after condemnation, but the size of the Condominium will be reduced, the Owners of condemned Units, if any, will be made whole. Proceeds of awards and special Assessments shall be used for these purposes and shall be disbursed in the manner provided for disbursements of funds after a casualty. 16.4 Association as Agent. The Association is hereby irrevocably appointed as each Owner's attomey-in-fact for purposes of negotiating or litigating with the condemning authority for the purpose of realizing just compensation. 16.5 Adjustment of Shares in Common Elements. The shares in the Common Elements shall be adjusted to reflect the ch"e in the total square footage of all Units in the condominium. Cot' • ' 16.6 Taking of CommdAa Oe rt ents. Awardsbr dking of Common Elements shall be used to make the reinaW�ri g portion of the Cor;IrRi n dements usable in a manner approved by the Board d Diroctai-977t%ebalangq Pf such'Awards, if any, shall be distributed to the Unit Owners in Xheare "hi they 6yvn the ommon Elements. If a Unit is • mortgaged, the remittance pond mortgagee(s) of the Unit. s ��a 16.7 Amendment a f: &i at' 6. ` n Te men t this-peclaration necessitated by condemnation need be' �*v�d%ed' on fhe tii�ers 16 h6 Units. The consent of lien holders is not required fior such amendment. "� f 17. TERM INATION%'ite-*,Condominium may betr%it�ated in the following manner in addition to the manner provide by`t#ae Conndominiura� 17.1 Agreement. The Condo rrthii ermmated at any time upon the consent of all Unit Owners and mortgagees with recorded mortgage interests. 17.2 General Provisions. Upon termination, the former Owners shall become the owners, as tenants-in-common, of all Condominium and Association Property and the assets of the Association. The shares of such tenants-in-common shall be the same as were their shares of the Common Elements immediately prior to such termination (unless otherwise agreed to in writing by the Owners and Mortgagees). The mortgagee or lienor of a Unit Owner shall have a mortgage or lien solely and exclusively upon the undivided share of such tenant -in -common's interest in and to the lands and other assets of the Association which it may become entitled to receive by reason of such termination. The termination of the Condominium shall be evidenced by a certificate of the Association, executed with the formalities of a deed, and certifying as to the facts effecting the termination. Termination shall become effective when the certificate is recorded in the Public Records of Collier County, Florida. 17.3 New Condominium. The termination of the Condominium does not bar creation of another Condominium affecting all or any portion of the same property. DECLARATION OF CONDOMINIUM OF PIPER BwD. LAND CONDOMINIUM PAGE 18 OF 26 OR 5009 PG 2408 17.4 Partition: Sale. Following termination, the former Condominium Property and Association Property may be partitioned and sold upon the application of any Unit Owner. If following a termination, one Unit Owner agrees to accept an offer for the sale of that Owner's property, all Owners shall be bound to execute deeds and other documents reasonably required to affect the sale. in that event, any action for partition of the Land and improvements thereon shall be held in abeyance pending the sale, and, upon the consummation of the sale, shall be discontinued by all parties thereto. 17.5 Last Board. The termination of the Condominium does not, by itself, terminate the Association. The members of the last Board of Directors and the officers of the Association shall continue to have the powers granted in this Declaration for the purpose of winding up the affairs of the Association. • 17.6 Provisions Survive Termination. The provisions of this Section 18 are covenants running with the land, and shall survive the termination of the Condominium until all matters covered by those provisions have t serf 18. ENFORCEMENT. 18.1 D to COr4, R -'t6-Sue.-..arh Own' r, tis or her tenants, and the Association shall be go*emdd b an�.shall-�-omply�with the', provisions of the Condominium Act, the Condominium gUoc � ons=of the Association. Actions for damages or for in lnc;, Fe,11 =r o l f il`q e�o comply may be brought by the • Association or by a Unite a f i 18.1.1 the 4s ation; y / 18.1.2 an Owni 18.1.3 Anyone who'"occiIOr isr 18.1.4 Any member of the Board of Directors who willfully and knowingly fails to comply with these provisions. 18.2 Waiver of Rights. The failure of the Association or any member to enforce a right, provision, covenant or condition which may be granted by the Condominium Documents shall not constitute a waiver of the right of the Association or member to enforce such right, provision, covenant or condition in the future. A provision of the Condominium Act may not be waived by a Unit Owner if the waiver would adversely affect the rights of the Owner or defeat the purpose of the provision, except that Unit Owners or Directors may waive notice of specific meetings as provided in the Bylaws. Any written instrument or instruction given by a purchaser or Unit Owner to an escrow agent may be relied upon by the escrow agent, whether or not such instruction and the payment of funds thereunder might otherwise constitute a waiver of any provision of the Condominium Act or the Condominium Documents. 18.3 Attorneys' Fees. In any legal proceeding arising out of an alleged failure of a Unit Owner, tenant, guest or the Association to comply with the requirements of the Condominium Act, the Condominium Documents, or the Association's rules and regulations, DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 19 OF 26 • OR 5009 PG 2409 as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such attorneys fees as may be awarded by the court. 18.4 No Election of Remedies. All rights, remedies and privileges granted to the Association or Unit Owners under the law and the Condominium Documents shall be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party from exercising any other rights, remedies, or privileges that may be available. 19. RIGHTS OF MORTGAGEES. 19.1 Approvals. Written consent of the Institutional Mortgagee of a Unit shall be required for any amendment to the Declaration which would decrease the Unit's share of Ownership of the Common Elements, except as otherwise provided in Section 17. 19.2 Notice of Casualty or is �. n _ ifa the event of condemnation, eminent domain proceedings, or substarlttalS j�ge tfl, ct d,, ion of, any Unit or any part of the Common Elements, the reo rd r of any first T, e a on an affected Unit shall be entitled to notice. 19.3 First Mortgade Eorectosur U s oth�wise pf vidgd by taw, if the mortgagee of a first mortgage of rpbor ` tF 'Fardel as a result of foreclosure • of the mortgage, or as the "Spit oa a d`vi tau foreclosure, the mortgagee shall not be liable for such �ba ` oft }�C�_ pensos r Asso�sments attributable to the Condominium Parcel, a able to~thI er jSkAtie parcel, which came due prior to the, mortgagee's,aaq isition of title. If the re uir bo' mortgagee to be liable, the mortgagees liability shaJlelimited to the arra t_t by .taw. Any other person acquiring title shall pay '<6mount owed to the s6o n to record a Claim of Lien against the Unit and procedd,n "-,same manner, ed for the collection of unpaid Assessments. Any unpaid shalof� 'for which such acquirer is exempt from liability becomes a Con io =� e � +e from all Unit Owners, including such acquirer and his successors and assigns. No Owner or acquirer of title to a Unit by foreclosure, or by a deed in lieu of foreclosure, may be excused from the payment of any Assessments coming due during the period of such Ownership. 19.4 Redemption. If proceedings are instituted to foreclose any mortgage or lien on any Unit, the Association, on behalf of one or more Owners and with the permission of the mortgagee, may redeem the mortgage or lien for the amount due thereon and be thereby subrogated to all of the mortgagee's or lienor's rights of action, or the Association may purchase the Unit at the foreclosure sale. Any mortgagee shall have an unrestricted, absolute right to accept title to the Unit in settlement and satisfaction of the mortgage or to foreclose its mortgage in accordance with its terms, and to bid upon the Unit at the foreclosure sale. 19.5 Right to Inspect Books. The Association shall make available to institutional mortgagees requesting same, current copies of the Condominium Documents and the books, records and financial statements of the Association. "Available" shall mean ready for inspection, upon written request, during normal business hours, or under other reasonable circumstances. Photocopies shall be provided at the expense of the person requesting them. isDECLARATION OF CONDOMINIUM OF PIPER BLVD, LAND CONDOMINIUM PAGE 20 OF 26 OR 5009 PG 2410 19.6 Financial Statement. Any institutional mortgagee is entitled, upon written request, to a copy of the financial statement of the Association for the immediately preceding fiscal year. 19.7 Lender's Notices. Upon written request to the Association, any institutional mortgagee shall be entitled to timely written notice of. 19.7.1 Any sixty (60) day or longer delinquency in the payment of Assessments or charges owed by the Owner of any Unit on which it holds a mortgage. 19.7.2 Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. 19.7.3 Any proposed action that requires the consent of a specified percentage of mortgage holders. 20. DECLARANT'S RIGHTtI Notwithstanding , any other provision of this Declaration, prior to, and up,1 (90) days fo�lbv r onveyance of Unit 2 to an Owner other than the Declarant, the f6lkwmg provisions shall apply 20.1 Amendment/of I 'eclara �he Declarant shall have the right to amend the Declaration for any pdrpo4 , t under applicable law, without prior notice to or content ' or1 a'" 4th r hiths tanding the foregoing, the Declarant may not exe�rcis 'ts{ri ynet i ecti.1�%t proposed amendment will materially alter the bol -4,02i a �a nrt t bta tt eQnsent of the Owner of such Unit. An amendment �"o(ded pursuant to t j ec iory�, only be executed by the Declarant,. and shall not -fie the joinder of add, hdr�llr.I ner or Mortgagee nor shall such amendment require tl j( der of the Associatio" F ,, d 20.2 Assignment. All or atoitas; powers and immunities granted or reserved to the Declarant in the o i ocuments may be assigned by the Declarant to any person or entity without the consent of any other Owner or any holder of a mortgage secured by any Unit. In the event of the foreclosure of any mortgage owed by the Declarant, or deed in lieu of such foreclosure, the person first acquiring title to such interest by reason of such foreclosure, or deed in lieu of foreclosure, shall succeed to all rights, powers, privileges and immunities of the Declarant. 21. AMENDMENT OF DECLARATION. All amendments to this Declaration shall be proposed and adopted in the following manner: 21.1 Proposal. Amendments to this Declaration may be proposed by the Board of Directors or by written petition to the Board signed by an Owner. 21.2 Procedure. Upon any amendment or amendments to this Declaration being proposed as provided above, the proposed amendment or amendments shall be submitted to a vote of the members not later than the next annual meeting for which proper notice can still be given. Amendments to subdivide a Unit or alter the size or configuration of a Unit and which require only a vote of the Owners in the Unit(s) to be modified shall be submitted to a vote by the special procedures set forth below and in the Bylaws. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 21 of 26 • • OR S009 PG 2411 • 21.3 Vote Required. Except as otherwise provided by law, or by specific provision of the Condominium Documents, this Declaration may be amended if the proposed amendment is unanimously approved by the Voting Interests. Alternatively, amendments may be adopted without a meeting following the procedure set forth in Section K of Article IV of the Bylaws. 21.4 Certificate; Recording. A copy of each adopted amendment shall be attached to a certificate that the amendment was duty adopted as an amendment to the Declaration, which certificate shall be in the form required by law and shall be executed by the President or Vice President of the Association with the formalities of a deed. The amendment shall be effective when the certificate and copy of the amendment are recorded in the Public Records of Collier County, Florida. 21.5 Enlargement of Common Elements. The Common Elements designated by this Declaration may be enlarged to add real property acquired by the Association through amendment of this Declaration. Th 'a d_�e st be approved by one hundred percent (100%) of the total Voting InterfsoXs�:y such amendment shall divest the Association of title and vest -tfie Owner��.Raming them and without further conveyance, in the same 17*1 wi on as the Percentage46rests. 21.6 Correction 91 • Condominium or in Ott r I the Association may c¢rre. Condominium Act. 21.7 Amendmenfk"rovision Relatina to' any Unit in the Condoh'.10L(n .for sale or lease amendment shall be aWe,, which changes adversely affecting the De' -rights hereur consent. 22. MISCELLANEOUS. or error in this Declaration of ( to ±establish the Condominium, g the procedures set forth in the hong as the Declarant holds ary course of business, no n relating specifically 'to or the Declarant's prior written 22.1 Severability. The invalidity or unenforceability in whole or in part of any covenant or restriction or any section, subsection, sentence, clause, phrase or word or other provision of this Declaration, or any recorded exhibit to this Declaration, shall not effect the remaining portions. 22.2 Applicable Statutes. The validity, application and construction of this Declaration and its recorded exhibits shall be governed by the Laws of Florida, particularly the Florida Condominium Act, as it exists on the date hereof. 22.3 Conflicts. If there is a conflict between any provision of this Declaration and the Condominium Act, the Condominium Act shall control. If there is a conflict between this Declaration and the Association's Articles of Incorporation or Bylaws, the Declaration shall control. 22.4 Interpretation. The Board of Directors is responsible for interpreting the provisions of this Declaration and its exhibits. Such interpretation shall be binding upon all parties unless wholly unreasonable. A written opinion rendered by legal counsel that an • DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 22 OF 26 OR 5009 PG 2412 • interpretation adopted by the Board is not unreasonable shall conclusively establish the validity of such interpretation. 22.5 Exhibits. There is hereby incorporated within this Declaration any materials contained in the exhibits hereto which, under the Condominium Act, are required to be part of the Declaration. 22.6 Singular, Plural and Gender. Whenever the context so requires, the use of the plural shall include the singular and the plural, and the use of any gender shall be deemed to include all genders. 22.7 Headings. The headings used in the Condominium documents are for reference purposes only, and do not constitute substantive matter to be considered in construing the terms and provisions of these documents. 22.8 Series Limitation of Liabi15-hereby given that (i) Lock Up — Evergreen Development Series LLC is opt t`'a�es'Cited liability company such that it establishes separate seriesfiite`d liability interests, as contemplated by Section 18-215(b) of the DeYvre Limited Liability C a. Act (the "Delaware Act"), and that the business of each sere eperated and manag"6,d as, a separate and independent business, and (ii) the dPts,, iabi#ttiml obligationi*d expenses incurred, contracted for or otherwise existing withFespe I t enforceable against the assets of such series only an not gin �th� sse ' ` L It Development Series LLC generally or any 4oth sb ries, r O nl s' otherwise provided in the Limited Liability Company Agreem =&kk reen elp nt Series LLC, none of the debts, liabilities, obligatii°o�n and expenses inched, ponra�td for or otherwise existing with respect to Lock Up' rgreen Developm 6 s d,l :;+generally or any other series thereof shall be enforcealil C inst the assets -of'sU 'Sdde°s ' 22.9 Limitation of Mane 1L. trlitu_.....tt._is��Vie sly understood and agreed by the parties that (a) this document is ci atii14�ed by Wilmington Trust Company, not "matrager of the Declarant, in the exercise of the individually or personally, but solely a5 powers and authority conferred and vested in it, pursuant to the Limited Liability Company Agreement of Lock Up — Evergreen Development Series LLC, a Delaware limited liability company with series, (b) each of the representations, undertakings and agreements herein made on the part of the Declarant is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Declarant, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Declarant or by liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Declarant under this Declaration or any other related documents. (Remainder of page intentionally left blank; signatures appear on following page) DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM • PAGE 23 OF 26 • .7 • OR 5009 PG 2413 IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above -written. Witness #1: Print Name: L...11 Witness #2: AV& ) Print Name: a itA ff o lfi_i STATE OF COUNTY OF LOCK UP - EVERGREEN DEVELOPMENT SERIES LLC, a Delaware limited liability Company By: WILMINGTON TRUST COMPANY, a Delaware trust company, not in its individual capacity but solely as manger of lock -Up E ergreen Development Seriex,- LLC xt N vette L. Howell The foregoing idstruir ' s dge b e i�i 8 2114 b vetteiowe t esi An Wilmington Trust Compan O'belaware trust comp nOt i „';individual capacity but solely as Manager of Lock Up -g een Developmenta a Delaware limited liability company, on behalf of the co r bion and companies.S is personally known to me or who produced € n, as iderltifit"aNfiinr, f Nota Public JACQUELINE SOLONE Notary Public - State of Dela. a; e `ttt t l ll1 /N Print N �� G�VEUNE SO �P. Gp M M!S • �•; (SEAL) s� o• FIRES 7-: MARCH 9, 2015 i ,O C, • �' DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 24 OF 26 OR 5009 PG 2414 JOINDER OF MORTGAGEE The undersigned, being the holder of that certain Mortgage, Security Agreement and Fixture Filing with Assignment of Leases and Rents dated March 1, 2013, and recorded on March 6, 2013 in Official Records Book 4893, Page 0080, and that certain Assignment of Leases and Rents dated March 1, 2013 and recorded March 6, 2013, in Official Records Book 4893, Page 0098, all of the Public Records of Collier County, Florida (collectively, the "Mortgage"), executed by Lock Up — Evergreen Development Series LLC, a Delaware limited liability company, for the applicable series, in favor of The Prudential Insurance Company of America, a New Jersey Corporation, hereby consents to the execution, delivery and recording of the Declaration of Condominium of Piper Blvd. Land Condominium, a commercial land condominium (the "Declaration") and hereby agrees that, with respect to the property submitted to, and described in Exhibit "A" of the Declaration, the lien and encumbrances of the Mortgage shall be, and is hereby, made subject to the terms, conditions and provisions set forth in the Declaration;. IN WITNESS WHEREOF, they first above -written. �-- N 1 r U Witness #17 Print Name: Witness #2. Print Name: STATE OF �x )SSS` --� COUNTY OF ,)tj 61' ) -e, ._. Declaration the day and year trance Company Jersey corporation The foregoing instrument was acj�n Iedggd be red m his day of Y g g 2014, by �Yv. 'v` TIV k C- as i ��kxfof The Prudential Insu nce Company of Am ca, New Jersey "'oration on behalf of the corporation. He/She is personally known to me or who produced identification. I NPuttic�m` t4 ° -�1(SEAL) KA- Print - Pa I;'-!'j_ HODGES DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PACE 25 OF 26 • r� u • OR 5009 PG 2415 • • Index of Exhibits Exhibit 'A' — Legal Description of Condominium Exhibit 'B' — Survey of Land, Legal Descriptions of each Unit Exhibit 'C' — Articles of Incorporation Exhibit 'D* — Bylaws j� ` t� 3 ik'�.-�` t •� � {tom r DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PACE 26 OF 26 OR 5009 PG 2416 Exhibit "A" LEGAL DESCRIPTION; A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF BLOCK B. PALM RIVER ESTATES UNIT No. 4. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 µO PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; 8926'27" WEST. ALONG THE SOUTH LINEr 0 ID BLOCK 8 A fVE NORTH LINE OF PIPER BOULEVARD. A 6 OT WIQE RIGHT—DFL IAY, FOR A DISTANCE OF 514.13 FEET; TH�NCC°' RLTR- NOf;t-TH-Q( OF 310.00 FEET; THENCt 9 8 THE SOUTH LINE O> 81*' ; THENCE RUN SOUTH, 0, '3 AVI 0 THENCE RUN NOR*r,, 6 OF BLOCK B. FOR )l.�SE 2 00'38'55" WEST FOR,',4,`OISTANCE OF 49 89'21'05" EAST FOR � ��`'{�1hSTANCE OF 17 EAST UNE OF SAID BCQ'CK'`,,Q AND THE SAID POINT BEING 275.78ClT,SOUTN OF SAID BLOCK B; THENC� EAST LINE OF SAID BLOCK B. A THE POINT OF BEGINNING. 0',33'33" ��&S� FOR A DISTANCE �9`2'27" 6ASTL PARALLEL WITH � t 12,9.00 FEET; I NCE ,OF 70.00 FEET. A L %'ATH SOUTH LINE RUN NORTH JEST;T�CE NCE RUN NORTH 1.2 L` A POINT ON THE. WEST-, EF CYPRESS WAY, OF "RTHEAST CORNER EAST. ALONG THE ANCE OF 289.78 FEET TO CONTAINING 3.235 ACRES, MORE OR LESS. • 0 OR 5009 PG 2417 EXHIBIT B (Exhibit "B" consists of a total of 9 pages) PIPER BLVD. LAND CONDOMINIUM, A COMMERCIAL LAND CONDOMINIUM Certificate of Surveyor The undersigned, being a surveyor authorized to practice in the State of Florida, pursuant to Section 718.104(4) (e), Florida Statutes, hereby certifies that the attached Exhibit `B" to the Declaration of Condominium, together with the provisions of the Declaration of Condominium describing the condominium property, is an accurate representation of the location and dimensions of the units. Each unit within the Condominium can be determined from these materials. Since the Condominium is a land condominium (and, by the terms of the Declaration to which _ 's yerti$cate is attached, specifically excludes all improvements), there are no m `' t ojruch a certification of substantial completion is or will be requiA- y` /C_.. • Stephen E. Berry Professional Surveyor anc, Itpier Florida Certificate No. 5'9� �;`` NOT VALID WITHOU�,,`4 E SIGNATURE AI ` THE ORIGINAL RAISED; L OF A FLORIDe°� LICENSED SURVEYOR AAPPER DATE SIGNED:M` 0 00 v N d • LOCATION MAP NOT TO SCALE N W e 4 E �s� SCALE: 11' - 300' p�- 1-50 I�300' • • LEGEND ' P.O.B. I LEGAL DESCRIPTION; ., SITE OFFICIAL RECORDS BOOK U PG. i TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGES 69 P.B. BLUEBILL AVE PIPER L.S. LICENSED SURVEYOR BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: IUMOKALEE ROAD LICENSED BUSINESS FLORIDA ADMINISTRATIVE CODE BEGINNING AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER F.I.R,M. c ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PACES 69 AND 70 OF THE PUBLIC RECORDS OF NCVD NATIONAL GEODETIC VERTICAL DATUM 1929 COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 8926'27' WEST, ELEV ELEVATION ALONG THE SOUTH UNE OF SAID BLOCK 0 AND THE NORTH LINE OF ' o PIPER BOULEVARD, A 60 FOOT WIDE RIGHT-OF-WAY, FOR A DISTANCE • S OF 514,13 FEET; THENCE RUN NORTH 00'33'33' WEST FOR A DISTANCE _ w to cn N8921'05"E N 'n E62 � o $ X VAND RBILT BE H ROAD m FDC FIRE DEPARTMENT CONNECTION THENCE RUN SOUTH 00'33'33" EAST FOR A DISTANCE OF 70.00 FEET; BFI THENCE RUN NORTH 8926'27" EAST, PARALLEL WITH THE SOUTH LINE N W e 4 E �s� SCALE: 11' - 300' p�- 1-50 I�300' • • LEGEND ' P.O.B. POINT OF BEGINNING LEGAL DESCRIPTION; O.R. OFFICIAL RECORDS BOOK A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING PG. PAGE TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGES 69 P.B. PLAT BOOK AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, L.S. LICENSED SURVEYOR BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LB F.A.C. LICENSED BUSINESS FLORIDA ADMINISTRATIVE CODE BEGINNING AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER F.I.R,M. f100D INSURANCE RATE MAP ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PACES 69 AND 70 OF THE PUBLIC RECORDS OF NCVD NATIONAL GEODETIC VERTICAL DATUM 1929 COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 8926'27' WEST, ELEV ELEVATION ALONG THE SOUTH UNE OF SAID BLOCK 0 AND THE NORTH LINE OF O FOUND IRON ROD 5/8' (10 AS SHOWN) PIPER BOULEVARD, A 60 FOOT WIDE RIGHT-OF-WAY, FOR A DISTANCE • SET IRON ROD 5/8' LB#6753 OF 514,13 FEET; THENCE RUN NORTH 00'33'33' WEST FOR A DISTANCE _ w to cn N8921'05"E N 'n E62 OF 310.00 FEET; THENCE RUN NORTH 8926'27" EAST, PARALLEL WITH $ SET DRILL HOLE IN CONCRETE THE SOUTH LINE OF BLOCK B, FOR A DISTANCE OF 129.00 FEET; m FDC FIRE DEPARTMENT CONNECTION THENCE RUN SOUTH 00'33'33" EAST FOR A DISTANCE OF 70.00 FEET; BFI THENCE RUN NORTH 8926'27" EAST, PARALLEL WITH THE SOUTH LINE m ,,-"SANITARY vDACKFLOW'PREVENTOR MN-� OF BLOCK B, FOR A DISTANCE OF 213.76 FEET; THENCE RUN NORTH FOR A DISTANCE OF 49.51 FEET; THENCE RUN NORTH (D TELpBONE E. CE'• 00'38'55" WEST THE IC SERVIC'C 89'21'05' EAST FOR A DISTANCE OF 171.25 FEET TO A POINT ON TR UG PAD " EAST LINE OF SAID BLOCK 8 AND THE WEST LINE OF CYPRESS WAY, SAID POINT BEING 275.78 FEET SOUTH OF THE NORTHEAST CORNER ° S',p°� FIR� H• BASIN Q....,,._�... - } OF SAID BLOCK B; THENCE RUN SOUTH 00'35'50" EAST, ALONG THE EAST LINE OF SAID BLOCK B. FOR A DISTANCE OF 289.78 FEET TO O CA1RI THE POINT OF BEGINNING. BLOCK B DETAIL BLOCK C V N89'26'27"E 1354,25 REMAINDER OF BLOCK B PALM RIVER ESTATES UNIT No. 4 P.B, 8, PGS 69-70 PARCEL N89'26'27"E 129.00 0 11110 M 0 ci O M Z — — 589'26'27"W PIPER BOULEVARD 60' RIGHT OF WAY - NOTE: SEE SHEET 2 OF 2 FOR SKETCH OF BOUNDARY SURVEY SHEET 1 OF 2 WA R EY TER 7 WA�E ' CONTAINING 3.235 ACRES, MORE OR LESS 213.76 � O I{ I T NOTES: Ln I DESCRIR,ED FRCPERTY WAS SURVEYED UNDER MY RESPONSIBLE 1.) BEARINGS SHOWN REFER TO THE WEST LINE OF THE PROPERTY coo' in DESCRIBED HEREON AS BEING NDO'33'33"W. 49.51 N 2) THIS PROPERTY 1S SUBJECT TO EASEMENTS, RESERVATIONS OR STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL RESTRICTIONS OF RECORD. t 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 8 r } qq 4.) THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 3 f 1 4K A' 5.) THIS PROPERTY IS LOCATED IN FLOOD TONE AE ELEV 9.0 NGVD 1929, o PER F.I.R.M. COMMUNITY PANEL No. 12021C 019H, DATED MAY 16, 2012, F.A.C. PURSUANT TO SECTION 472.027 FLORIDA STATUTES. 6.) LEGAL DESCRIPTION PROVIDED BY CLIENT. 7.) FOR THE PURPOSE OF THIS SURVEY, ONLY IMPROVEMENTS WITHIN 5 z FEET OF THE BOUNDARY LINE HAVE BEEN LOCATED AND SHOWN. THERE _ w to cn N8921'05"E N 'n E62 ARE ADDITIONAL IMPROVEMENTS INCLUDING BUT NOT LIMITEDTO H I 140: 171.25 0p4,, BUILDINGS, PAVED PARKING AREAS AND DRIVES, CONCRETE WALKS AND o 3"E \\ CURBS. ALONG WITH ABOVE GROUND AND SUBSURFACE UTILITIES THAT HAVE NOT BEEN LOCATED OR SHOWN. I �•ip EXIST AND N89� 26'27"E w CERTIFICATION: OF THE HEREON 213.76 � O 1 HEREBY CERTIFY TIIAT THIS BOUNDARY SURVEY Ln I DESCRIR,ED FRCPERTY WAS SURVEYED UNDER MY RESPONSIBLE N00'38'55"W coo' in CHARGE ON 11/27/11. THIS SURVEY MEETS THE MINIMUM TECHNICAL 49.51 N fn STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL -� p LAND SURVEYORS IN CHAPTER 61C17-6 AND CHAPTER 5J -17.D5, 514.13 N F.A.C. PURSUANT TO SECTION 472.027 FLORIDA STATUTES. —1354.63— — BOUNDARY SURVEY, PALM RIVER PLAT BOOK STEPHEN E. BERRY, STATE OF FLOR A, (.S. j5296) BBLS SURVEYORS k MAPPERS INC. (L.B. #6753) A PORTION OF BLOCK B, THIS INSTRUMENT PREPARED BY E.ESTATES UNIT 4, BBLSPHEN SURVEY RSRRY& MAPP, PLSERS INC. 8, PAGES 69--70 1502-A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239) 597-1315 FIR NO ID N89'26'27"E II Ce ❑ Ce 0 C! O_ CO Z l O WOO 0 D- uo Z J DID zu- Qo w z ce FIR N w OD IUD 129.00 NO ID d 4 wtl co w E a 0 REMAINING StR N89°21'05'E w s PORTION �r 0 co O SCALE: 1' - 60' OF BLOCK 8 PAVEMENT cl) O O0•30' 60' CONCREpUMPSTER P No IID N89 -26-27"E PICONCRETE 213.76 UMPSTER PAp CURB PAVEMENT kSOUTH LINE OF CL BLOCK B FP&L EASEMENT ❑ OR 4366, PG 1549 FIR d�--'------------ -c- N�#I--- NE CORNER OF BLOCK B n 171.25 a J lr8 FIR � { LL O .. w OD IUD , {� 4 wtl co N a A 6 YYP F -c- N�#I--- NE CORNER OF BLOCK B n 171.25 a J lr8 FIR � { LL O • w OD IUD {� {° O O co N a w cr s� FP&L EASEMENT OR 4366, PG 1549 {W (Lo Ito i {° O O i P. 0. B. { V) SDH { W SE CORNER v FP&L EASEMENT BLOCK B { OR 4366, PG 1549 — UTUTY EASEMENT { (PER PLAT) O BD, —514.13 ,n { Wff4TTrWALK- 3000 CONCRETE CURB PAVEMENT — CENTERLINE — — — PAVEMENT NOTE: SEE SHEET 1 OF 2 FORBOUNDARY SURVEYA PORTION OF BLOCK B, THIS INSTRUMENT PREPARED BY LEGAL DESCRIPTI ' NOTES, LEGEND , PALM RIVER ESTATES UNIT 4, BB SSTEP SURVEYOHEN E. RS & MAPPERS RY. PLS Z ANDCERTIFICATION. INC. PLAT BOOK 8PAGES 69-70 1502-A RAIL HEAD BLVD. , SHEET 2 OF 2 NAPLES, FLORIDA 34110 (239) 597-1315 0 0 0 O 0 Ln ad 0 SHEET 1 OF 2 PIPER BLVD. LAND CONDOMINIUM, A COMMERCIAL LAND CONDOMINIUM UNIT 1 LEGAL DESCRIPTION, A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT 4, PLAT BOOK 8, PAGES 69-70 LOCATION MAP NOT To SCALE LEGAL DESCRIPTION, A PORTION OF BLOCK B. PALM RIVER ESTATES UNIT No, 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK B. AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COY1iENCE AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89'26'27" WEST, T f -IALONG THE SOUTH LINE OF SAID BLOCK B AND THE NORTH LINE OF 1 PIPER BOULEVARD. A 60 FOOT WADE RICHT-OF-WAY, FOR A DISTANCE QF 171.00 FEET TO 1W PONT OF BEGINNING; THENCE CONTINUE y TH 89'26'27" WEST, ALONG THE SOUTH LINE OF SAID BLOCK B THE NORTH LINE OF PIPER BOULEVARD, A 60 FOOT WIDE `F -WAY, FOR A DISTANCE OF 343.13 FEET; THENCE RUN gF r {J 000'33'33' WEST FOR A DISTANCE OF 310.00 FEET; THENCE a kaN,,)N TH 89'26'27" EAST, PARALLEL NTH THE SOUTH LINE OF > ukoesFOR A DISTANCE OF 129.00 FEET; THENCE RUN SOUTH 043 i EAST FOR A DISTANCE OF 70.00 FEET; THENCE RUN NORTH dz, 89}26'2, EAST, PARALLEL WITH THE SOUTH UNE OF BLOCK B, FOR A T$ 01 T%MfC OF 213.76 FEET; THENCE RUN SOUTH 00'38'55' EAST FOR v° A ISITAICE OF 240.00 FEET TO 1HE POINT OF BECNNING. PB Ly,' CONTAINS 2.097 ACRES, MORE OR LESS. ! ;`.. k) BEARINGS SHOWN REFER TO THE SOUTH UNE OF BLOCK B. PALM 'RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF i:" ' RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC LL.". p RECORDS OF COLLIER COUNTY, FLORIDA AS BEING SOUTH 8976'27" M WEST. 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4.) SEE. SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION STEPHE�EBV61Y �RIOA, S. 15296) B8LS SURVEYORS & MAPPERS INC. (L.B. 16753) THIS INSTRUMENT PREPARED BY STEPHEN E. BERRY, PLS #5296 BBLS SURVEYORS & MAPPERS INC. 1502—A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239) 597-1315 SITE BLUEDILL AVE PIPER IMMOKALEE ROAD 1� 31 VAN D R 71 ROAD s A { t i l �C LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING PC. PACE P.D. PLAT BOOK L.S. LICENSED SURVEYOR LD LICENSED BUSINESS LEGAL DESCRIPTION, A PORTION OF BLOCK B. PALM RIVER ESTATES UNIT No, 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK B. AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COY1iENCE AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89'26'27" WEST, T f -IALONG THE SOUTH LINE OF SAID BLOCK B AND THE NORTH LINE OF 1 PIPER BOULEVARD. A 60 FOOT WADE RICHT-OF-WAY, FOR A DISTANCE QF 171.00 FEET TO 1W PONT OF BEGINNING; THENCE CONTINUE y TH 89'26'27" WEST, ALONG THE SOUTH LINE OF SAID BLOCK B THE NORTH LINE OF PIPER BOULEVARD, A 60 FOOT WIDE `F -WAY, FOR A DISTANCE OF 343.13 FEET; THENCE RUN gF r {J 000'33'33' WEST FOR A DISTANCE OF 310.00 FEET; THENCE a kaN,,)N TH 89'26'27" EAST, PARALLEL NTH THE SOUTH LINE OF > ukoesFOR A DISTANCE OF 129.00 FEET; THENCE RUN SOUTH 043 i EAST FOR A DISTANCE OF 70.00 FEET; THENCE RUN NORTH dz, 89}26'2, EAST, PARALLEL WITH THE SOUTH UNE OF BLOCK B, FOR A T$ 01 T%MfC OF 213.76 FEET; THENCE RUN SOUTH 00'38'55' EAST FOR v° A ISITAICE OF 240.00 FEET TO 1HE POINT OF BECNNING. PB Ly,' CONTAINS 2.097 ACRES, MORE OR LESS. ! ;`.. k) BEARINGS SHOWN REFER TO THE SOUTH UNE OF BLOCK B. PALM 'RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF i:" ' RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC LL.". p RECORDS OF COLLIER COUNTY, FLORIDA AS BEING SOUTH 8976'27" M WEST. 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4.) SEE. SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION STEPHE�EBV61Y �RIOA, S. 15296) B8LS SURVEYORS & MAPPERS INC. (L.B. 16753) THIS INSTRUMENT PREPARED BY STEPHEN E. BERRY, PLS #5296 BBLS SURVEYORS & MAPPERS INC. 1502—A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239) 597-1315 0 PIPER BLVD. LAND CONDOMINIUM, N A COMMERCIAL LAND CONDOMINIUM NOTE: SEE SHEET 1 OF 2 w E FOR NOTES, LEGEND AND N89"26'27"E 129.00 Q 0 LEGAL DESCRIPTION w s — pj o SCALE: 1' - 60' N89'21'05"E 171.25 'a) o STI I 0' 30' 60' REMAINING PORTION OF BLOCK B N89°26'27"E 213.76 0 O m an0 m U u m I 00 O N ro m N 4fl 0 0 ¢ � O UNIT 2 w (CONTAINS 1.138 ACRE, cli MORE OR LESS) cnF w (CONTAINSih 97 A E MORE! LESS)LAI L' t`A kt "•' ' - ,�f f`'co "oo Lo cl)fco n x �3 ,0 3 0 of ,, " ' EO 1n P.O.C.P0CIFX z `+. _r,r SE CORNER BLOCK B m a o PALM RIVER ESTATES D .. o UNIT 4, SOUTH LINE OF _._'` "' z P.B. 8, PGS 69-70 V BLOCK B P.O.B. S89.26'27"W 343.13 sas zs'27"w 171.00 PIPER BOULEVARD 60' RIGHT OF WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION, THIS INSTRUMENT PREPARED BY A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT 4, do STEPHEN E. BERRY, PLS BELS SURVEYORS MAPPERSRS INC.IN 1502-A RAIL HEAD BLVD. SHEET 2 OF 2 PLAT BOOK 8, PAGES 69-70 NAPLES, FLORIDA 34110 (239) 597-1315 • • N N d N u a SHEET 1 OF 2 • PIPER BLVD. LAND CONDOMINIUM, A COMMERCIAL LAND CONDOMINIUM UNIT 2 LEGAL DESCRIPTION, A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT 4, PLAT BOOK 8, PAGES 69-70 LEGAL DESCRIPTION; LOCATION MAP NOT TO SCALE A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, D T BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SITE BEOW AT THE SOUTHEAST CORNER OF BLOCK B. PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER VLUAP�ER # COUNTY, FLORIDA: THENCE RUN SOUTH 89'26'27' WEST, ALONG THE i OAD s ;ri , SOUTH UNE OF SAID BLOCK B AND THE NORTH LINE OF PIPER BOULEVARD, A 60 FOOT WIDE RIGHT—OF—WAY, FOR A DISTANCE OF .. 1 "171.00 FEET; THENCE RUN NORTH 00'38'55' WEST FOR A DISTANCE 289.51 FEET; THENCE RUN NORTH 89'21'05" EAST FOR A PMIANCE OF 171.25 FEET TO A POINT ON THE EAST LINE OF SAID BLiB AND THE WEST LINE Of CYPRESS WAY, A 60 F00T MADE SNEOFSADENCE RUN SOUTH 00*35'50' ST, ALONG THE BLOCK 13 AND THE WEST LINEAOF CYPRSS WAY, i4 E�i ROAD : F R i , ISTANCE OF 289.78 FEET TO THE POWT OF BEGMNQ PE4CONTAINS 1.138 ACRE, MORE OR LESS. _ �9 { �X r'!SRIVBEARINGS SHOWN REFER TO THE SOUTH UNE OF BLOCK B, PALM F q ER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF e RECORDS OF COLDER COUNTY, CORDED IN PLAT BOOK 8 TFLORDA AS BEING SOUTH 89'26'PACES 69 AND 70 OF THE 47' WEST. LEGEND P.O.B. POINT OF BEGINNING PG. PACE P.B. PLAT BOOK L.S. LICENSED SURVEYOR LB LICENSED BUSINESS 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4.) SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION STEPHEN E. BERRY, STATE OF FLORI A, (L. . 15296) BELS SURVEYORS & MAPPERS INC. (L.O. #6753) THIS INSTRUMENT PREPARED BY STEPHEN E. BERRY, PLS #5296 BBLS SURVEYORS & MAPPERS INC. 1502—A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239) 597-1315 m N a N a a, 0 0 x 0 is PIPER BLVD. LAND CONDOMINIUM, N Ar—COMMERCIAL LAND CONDOMINIUM W b E I N89'26'27"E 129.00 5 ui SCALE: 1' - 60' M o O 0' 30' 60' M p O f` soil REMAINING PORTION OF BLOCK 8 N89'26'27"E 213.76 NOTE: SEE SHEET 1 OF 2 FOR NOTES, LEGEND AND LEGAL DESCRIPTION N89°21'05"E 171.25 m cc r - U co O N coaj m c%j Ll UNIT 2 Z N (CONTAINS 1.138 ACRE, MORE OR LESS) W (CONTAIN 97 ACRE, t "" MORE LESS) s 3 I in00 tn p n a, ,7"s'\ 'r 1� ;n � o �g > to � 0 0 P. 0. B. o w o SE CORNER BLOCK Ba o co ul °ww, ' PALM RIVER ESTATES O SOUTH LINE OF __- • Z P.B. Bu NIT 4 PGS69-70 V BLOCK B S89'26'27"W 589'26'27"W 343.13 171.00 PIPER BOULEVARD 60' RIGHT OF WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION, THIS INSTRUMENT PREPAREDI BY STEPHEN E. BERRY, PLS /{5296 A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT 4, BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. SHEET 2 OF 2 PLAT BOOK 8, PAGES 69-70 NAPLES, FLORIDA 34110 (239) 597-1315 • C7 • • • N W O 4 E REMAINING PORTION N89'26'27"E 129.00 w Q Q OF BLOCK B N89.21'05"E 171.25 coc p p SCALE: 1' - 60• 0 00 o ao 6o N00'38'55"W p 49.51 V) N89'26'27"E 213.76 op m co N Y CA M _ Cn m co Gor (-sem o uNrr z ci N (CONTAINS 1.138 ACRE, N --A MORE OR LESS) a UIT ( CONTAINS97 ACE �-a MORE § s(��p[�a LESS) €`w c4 ti I s r, a o a YJ z En SOUTH LINE OF BLOCK B 343.13 171.00 S89'26'27"W 514.13 _ PIPER BOULEVARD _ - -" — 60• RIGHT OF WAY NOTE: SEE BOUNDARY SURVEY BY THIS PIPER BLVD. LAND CONDOMINIUM, THIS INSTRUMENT PREPARED BY OFFICE FOR SKETCH OF SURVEY, STEPHEN E. BERRY, PILS526 LEGAL DESCRIPTION, IMPROVEMENTS, A COMMERCIAL LAND CONDOMINIUM BBLS SURVEYORS & MAPPERS INC. EASEMENTS, NOTES, LEGEND 502—A RAIL HEAD PLOT PLAN NAPLES' FLORIDA 34110 (239)V597-1315 AND CERTIFICATION. rn 0 0 LAw 0 0 REMAINING PORTION N OF BLOCK B LINE TABLE I W 4 E LINE BEARING DISTANCE N89'26'27"E 129.00 Q Q u NOO*17'06'W 14.77 w L2 N89'46'32"E 27.59 LS s 3 L3 N00'17'06"W 14.77 `�° L2 Q � j `� o , SCALE: r - 50' L4 N89'46'32'E 27.59 -1M -to o DRAINAGE EASEMENT ,M o 1 LS N89'21'05'E 9.35 (Y' J-' N a o (DRY DETENTION AREA) o ^ °' 30' B0 L6 Soo'38'55'E 10.29 L4 \ o N DUMPSTER \ z EASEMENT \ \ 30.00 S89'26'27"W 129.00 _ \ 1 m� Y U O J z o0 UNIT 2 I CONTAINS 1.138 ACRE, 00 " Z m .,..` MORE OR LESS) 'Inc } 0 zx �} o U gyp' i C:.;: "! "I`+ FP&L EASEMENT w (CONTAINS97 ACME OR 4366, PG 1549 � MORE � LESS) H b ?> W T o cn w..� C SOUTH LINE OF �, . •'� °. I V BLOCK B FP&L EASEMENT FP&L EASEMENT OR 4366, PC 1549 UTLITY EASEMENT OR 4366, PG 1549 — — — — (PER PUT) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 30.00 — — PIPER BOULEVARD- - 60' RIGHT OF WAY 30.00 NOTE: SEE BOUNDARY SURVEY BY THIS PIPER BLVD. LAND CONDOMINIUM, THIS INSTRUMENT PREPARED BY STEPHEN E. BERRY, PLS #5296 OFFICE FOR SKETCH OF SURVEY, A COMMERCIAL LAND CONDOMINIUM BELS SURVEYORS & MAPPERS INC. LEGAL DESCRIPTION, IMPROVEMENTS, 1502-A RAIL HEAD BLVD. NOTES, LEGEND AND CERTIFICATION. EASEMENTS NAPLES, FLORIDA 34110 (239) 597-1315 is OR 5009 PG 2426 Exhibit "C" ARTICLES OF INCORPORATION OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. The undersigned incorporator, for the purpose of forming a corporation not-for- profit pursuant to Chapter 617, Florida Statutes, and the laws of the State of Florida, hereby adopts the following Articles of Incorporation (the 'Articles' or 'Articles of Incorporation"). PREAMBLE .. I-. Lock Up - Evergreen Development Series LLC, a Delaware limited liability company ("Declarant") owns certain property in Collier County, Florida, (the "Land") and intends to execute and record a Declaration of Condominiuftl of Piper Blvd. Land Condominiu5- am ercia! Land Condominium (the "Declaration") which will encu rpbe t itr x rid i ' ssociation is being formed as the Association to admir}is�i3eclaratloirt�i perform the duties and exercise the powers purl riL.t� he Declaration, as ' when the Declaration is recorded in the Public Re" or sr er Coun Flonda, %Wh these Articles of fe_.._. _.� , Incorporation attached r -as 2in " ' . All o� "thie defir0ons contained in the Declaration shall apply #o tf 1 I tignd td the Bylaws of the Association. t €E f A 4 4 i=� I -NAME AND)TRE$S ` The name of the ation is PIPER B tND CONDOMINIUM ASSOCIATION, INC., her �Whe rred to as tGm4�ssociation". The initial address of the principal office ` Iiafl>temitial mailing address of the Association is 800 Frontage rtl�ifi f lirtois 60093. ARTICLE 11- PURPOSE The purposes for which the Association is organized are as follows: 1. To operate as a corporation not-for-profit pursuant to Chapter 617, Florida Statutes. 2. To enforce and exercise the duties of the Association as provided in the Declaration. 3. To promote the health, safety, welfare, comfort and economic benefit of the members of the Association. ARTICLE III - POWERS AND DUTIES The Association shall have the following powers and duties: ARTICLES OF INCORPORATION OF PIPER BLVD. LANo CONOOMINIum AssoctATION, INc. PAGE 1 of 7 Y? ry C • .7 • OR 5009 PG 2427 1. All of the common law and statutory powers of a corporation not-for-profit under the laws of the State of Florida. 2. To administer, enforce, carry out and perform all of the acts, functions, rights and duties provided in or contemplated by the Declaration, including but not limited to, the following: A. To own, purchase, sell, mortgage, encumber, lease, administer, manage, operate, maintain, improve, repair and/or replace real and personal property. B. To make and collect Assessments against Owners to defray the costs, expenses and losses incurred or to be incurred by the Association and to use the proceeds thereof in the exercise of the Association's powpts-and-duties.� C. To enforcele +visit5ri5 `t�M13ration, these Articles and the BylaWS. , D. To ra'akeR es%b is Ti anderaf m,reasor blelfules and regulations gov mirtfj th usi: f U , Com%on Elements and other property un er t` i ia{ati n1 i • E. Toig, , a d d', a" ` s, a d o dedicate property owned by °the. } !ic o i; Pc agency, authority or ` i \company for public, i ijity, cjrair ,,and cable television F. To boribiv paoney for the purposes cf carlying out the powers and duties of ss yca ion. ! `e G. To exercise control~over�fions, additions, improvements, or changes in accordance with the terms of the Declaration. K To obtain insurance as provided by the Declaration. I. To employ personnel necessary to perform the obligations, services and duties required of or to be performed by the Association and for proper operation of the properties for which the Association is responsible, or to contract with others for the performance of such obligations, services and/or duties. J. To sue and be sued. ARTICLES IV — MEMBERS The members of the Association shall consist of all of the record Owners of Units. Membership shall be established as to each Unit upon the recording of the Declaration. Upon the transfer of ownership of fee title to, or fee interest in, a Unit, whether by conveyance, devise, judicial decree, foreclosure or otherwise, and upon the recordation amongst the public records of Collier County, Florida, the deed or other • ARTicLEs OF INCORPORATION Of PIPER BLVD. LAND CoNDowisiiuM AssocwnoN. INC. PAGE 2OF7 OR 5009 PG 2428 • instrument establishing the acquisition and designating the Unit affected thereby, the new Owner designated in such deed or other instrument shall thereupon become a member of the Association, and the membership of the prior Owner as to the Unit designated shall be terminated, provided, however that the Association shall not have the responsibility or obligation of recognizing any such change in membership until it has been delivered a true copy of the applicable deed or other instrument, or is otherwise informed of the transfer of ownership of the Unit. Prior to the recording of the Declaration, the incorporator shall be the sole member of the Association. The share of each member in the funds and assets of the Association, and the Common Surplus, and any membership in this Association, cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to the Unit for which that membership is established. On all matters upon which the ,members) p shall be entitled to vote, each Members' Voting Interest shall be a55et if,irrtti#"ecfaration. The Bylaws shall prdy'� for an annual meetiri� the members of the Association and shall make fSr'or i" n for special meetings. The Association shall ,I civ perpef4puap eite'ce} • The name and street a s of the incorporaba Ma# dui" L. Grabinski, Esq., COLEMAN, YOVANOVICH it North, Suite #300, 1 Naples, FL 34103. The property, business and affairs of the Association shall be managed by a Board, which shall consist of not less than three (3) directors, and which shall always be an odd number. The Bylaws may provide for a method of determining the number of directors from time to time. In the absence of a determination as to the number of directors, the Board shall consist of three (3) directors. Directors are not required to be members Association. All of the duties and powers of the Association existing under the Declaration, these Articles and the Bylaws shall be exercised exclusively by the Board, its agents, contractors or employees, subject to approval by the members only when specifically required. Directors shall be elected and removed in the manner provided in the Bylaws. Vacancies on the Board shall be filled in the manner provided by the Bylaws; however any director appointed by the Declarant prior to transition of control of the Association may only be removed by the Declarant, and any vacancy on the Board shall be ARncLEs OF INCORPORAMN OF • PIPER. BLVD. LAND CONDOMINIUM AssociAnoN, INC. PAGE 3 OF 7 • OR 5009 PG 2429 appointed by the Declarant if, at the time such vacancy is to be filled, transition of control of the Association has not occurred. The names and addresses of the initial directors, who shall hold office until their successors are appointed or elected, are as follows: The officers of the • secretary, treasurer and resolution create. The q may provide for the remoi of the officers. The naA designated by the Board a Richard B. Richard B. Hielscher 800 Frontage Road Northfield, IL 60093 Robert A. Soudan 800 Frontage Road Northfield, IL 60093 follows: Jr. VIII - OFFICERS e vice presidents, i time to time by ard. The Bylaws and for the duties it successors are Robert A. Soudan �� Vice Pre n Robert A. Soudan, Jr. ``s►dent and Secretary ARTICLE IX - INDEMNIFICATION The Association shall indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that he is or was a director, employee, officer or agent of the Association, against expenses (including attorneys' fees) judgments, fines and amounts paid in settlement actually and, reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the Association; and with respect to any criminal action or proceeding, if he had no reasonable cause to believe his conduct was unlawful; except, that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for gross negligence or willful misfeasance or malfeasance in the performance of his duties to the Association unless and only to the extent that the court in which the action or suit was brought shall determine, upon application, that despite the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses • ARTICLES of INCORPORATION OF PIPER Bt_vo. LANo CalloawNtuM AssocwTloN, INC. PAGE 4 OF 7 OR 5009 PG 2430 • which the court shall deem proper. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, shall not, in and of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest of the Association, and with respect to any criminal action or proceeding, that he had no reasonable cause to believe that his conduct was unlawful. To the extent that a director, officer, employee or agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to hereinabove, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attomeys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection therewith. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of_the_fMal disposition of such action, suit or proceeding as authorized by the g'oo> d i fii _� ifc case upon receipt of an undertaking by or on behalf of t `d r t cer 0 Ws or agents to repay such unless it shall be determined is entitled to be InIed by the Association as authorized herein. The indemnificatioh prg vidk in s411 not be deemgd exclusive of any other rights to which those seekingli �e titt dz er the laws of the State of Florida, any Bylaws, a reeme t, e f e �eC o se, and as to action taken in an official capacity white h°y` dig spa o, inue�Ita ' er n who has ceased • to be a director, officer, m! r a all it V ko��tp,� benefit of the heirs, executors and administra t�.4 such a person. i JI The Association sha4,4ve the power to pur e,/Maintain insurance on behalf of any person who I�'vkas a director, offi�cefF 9oyee or agent of the Association, or is or was servirigti uest of,..th �o ' tion as a director, officer, employee or agent of another coRcar#rrista joint venture, trust or other enterprise, against any liability asserte`ii-agair>siirrl and incurred by him in any such capacity, as arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of this Article. ARTICLE X - BYLAWS The Bylaws shall be adopted by the Board and may be altered, amended or rescinded by the Declarant, the directors or members in the manner provided by the Bylaws. ARTICLES XI -AMENDMENTS Amendments to these Articles shall be proposed and adopted in the following manner. I. A majority of the Board shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of the members, which may be an annual or a special meeting. 2. Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member entitled to vote thereon ARTICLES OF INCORPORATION OF • PIPER BLvD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 5 OF 7 r� u OR 5009 PG 2431 within the time and in the manner provided in the Bylaws for the giving of notice of a meeting of the members. If the meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting.' 3. At such meeting, a vote of the members entitled to vote thereon shall be c - taken on the proposed amendment. The proposed amendment shall be adopted upon , receiving unanimous approval of the Voting Interest of the Association. 4. Any number of amendments may be submitted to the members and voted a upon by them at any one meeting. 5. if all of the directors and all of the members eligible to vote sign a written statement manifesting their intention that an amendment to these Articles be adopted, then the amendment shall thereby be adopted as though the above requirements had been satisfied. 6. After turnover of coiatr e ss gat% �`, 9 members other than the Declarant, no amendment shaflrige the quatifica' rrs'c membership or in the Voting Interests of members='wi##�A t approval by all of members. No amendment shall be made that is in cooict �witiaat tion. prior to the clgsing of the sale of all Units, no amendment shall in; an v d_v elyy '*ct any ;of the rights, privileges, powers or options herein 'Pro v# f, a Dirclarant, unless the • Declarant shall join in thelex uti6n` f`the m rd4nty iO3c ng, but not limited to, any right of the Declarant toa poi. t recj I's "N ; ^, 1i t» ARTICLES X - INITIAL R TERED OFFICE ANR'' OP ISTERED AGENT ° _X I/.� The initial registered office `t Association shall be^" t oleman, Yovanovich & Koester, P.A., 4001 Tamiami Traiite 300, nda 34103. - { V, ; . The initial registered agent -a `ss Is Matthew L. Grabinski. WHEREFORE, the incorporator, and the initial registered agent have executed these Articles on this 1� day of February, 2014. By executing these Articles, the undersigned registered agent accepts the appointment as registered agent and states that the undersigned is familiar with and accepts the obligations of that position. Matthew L Grabinski • ARTICLEs OF INCORPORATION OF PIPER BLVD. LAND CONDOMINIUM AssocmnoN, INC. PAGE 6 OF 7 OR 5009 PG 2432 STATE OF COUNTY OF Sworn to and subscribed before me this day of February 2014 by Matthew L. Grabinski, who is personally known to me or who produced as identification. Notary Public Having been named Mo sept service of pro s corporation, at the pla desi6nated..in�these Articles ,f I accept the appointments o act h4- his._capa4 i cr�acknowl with and agree to acc Opt tha i ° r the Florida Not For Profit AOt' a I8 Matthew L. Grabinsk . ARTICLES OF INCORPORATION OF PIPER BLVD. LANE) CONDOMINIUM ASSOCIATION, INC. PAGE 7 OF 7 N the above-named poration, I hereby that I am familiar Bred agents under • C, C J • OR 5009 PG 2433 Exhibit "D" BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. 1. GENERAL PROVISIONS. A. Identity. These are the Bylaws of Piper Blvd. Land Condominium Association, Inc., a Florida not-for-profit corporation, hereinafter referred to as the "Association". The Association has been organized for the purposes stated in the Articles and shall have all of the powers provided in these Bylaws, the Articles, the Declaration and any statute or law of the State of Florida, or any other power incident to any of the above powers. B. Principal Office. The principal office of the Association shall be at such place as the Board may determine frofft ' e 0 -'. C. Fiscal Year.Tkiat dear of the Asti; " n shall be the calendar year. J.a D. Seal. Th se of the sociation shall have inscribed upon it the name of the Association, the/ ye 0 to Corporatfo i*d thc, words "Corporation Not for Profit". The seal mayjbe s d r g; e thereof, to be impressed, affixed or otherwise re " rodte n n e� meat executed in the name of the Association.41 i e E. Inspectioeo Books and Recons. The E. and records of the Association shall beo to inspection b alV or their authorized representatives', and a�4��oi ers, insurers , or of any first - mortgage - - encumbering a Unit. Sucti'mce of the Association- a`ri `r iclude current copies of the Declaration, Articles and By a[+ amend hereto any contracts entered into by the Association, and f i s r1 d -end financial statements of the Association. The Association shalt"be reg66d to make available to prospective purchasers of Units current copies of the Declaration, Articles, and Bylaws, and the most recent annual financial statement of the Association. Notwithstanding the foregoing, any inspection of any books or records of the Association will only be permitted upon reasonable notice, during normal business hours or under reasonable circumstances. F. Definitions. Unless the context otherwise requires, all terms used in these Bylaws shall have the same meaning as are attributed to them in the Articles and the Declaration of Condominium of Piper Blvd. Land Condominium, a commercial land condominium. II. MEMBERSHIP IN GENERAL. A. Qualification. Pursuant to the Articles, all of the record Owners of Units shall be members of the Association. Membership for each Unit shall be established upon the recording of the Declaration. Prior to the recording of the Declaration, the incorporator shall be the sole Member of the Association, but its membership shall terminate upon the recording of the Declaration, unless it owns any Units. BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOc1AT1ON, INC. PAGE 1 OF 13 OR 5009 PG 2434 Exhibit "D" B. Changes in Membership. The transfer of the ownership of any Unit, either voluntarily or by operation of law, shall automatically terminate the membership of the prior Owner, and the transferee or new Owner shall automatically become a Member of the Association. It shall be the responsibility of any such transferor and transferee of a Unit to notify the Association of any change in the ownership of any Unit, and the corresponding change in any membership, by delivering to the Association a copy of the deed or other instrument of conveyance which establishes a transfer of ownership. In the absence of such notification, the Association shall not be obligated to recognize any change in membership or ownership of a Unit for purposes of notice, voting, Assessments, or for any other purpose. C. Member Register. The secretary of the Association shall maintain a register in the office of the Association showing the names and addresses of the members of the Association. It shall be the obligation of each Member of the Association to advise the secretary of any change of address of the Member, or of the change of ownership of the Member's Unit, a&-iset- forth- above. Upon the request of the Association, any Member who (Ab.nas,mortgaged) his Unit shaft notify ,• the Association of the name A dress of his wort fie. Any Member who satisfies the mortgage encumberin��fiis,. It shall also notify tfii.sbc�iation thereof, and shalt file a copy of the satisfaction of mpigage.uuith the Associativi Ill. MEMBERSHIP VOTE* A. Voting Rlghj$ ac Ivterr b n g�t gest shall be as set forth in the Declaration. In the everIrraanX �.. +! ore n p j person, or is owned by a person other than an ir{di dual, the votes for suph Un t sh. E04 cast as set forth below, and votes shall not be d15si , e.>f . ;>.;f, B. Majority VOtei ,`d Quorum Require ."The acts approved by a majority of the votes presenf ori prsxa eeting at which a quorum is present shall be binding upon a=►tstand4arvtiefs for all purposes, except where otherwise provided by law, in the Dectara€ ri-rn tfie Articles or in these Bylaws. Unless otherwise so provided, at any regular or special meeting, the presence in person or by proxy of persons entitled to cast twenty-five percent (25%) of the Voting Interests of the Association shall constitute a quorum. C. Determination as to Voting Rights. 1. In the event any Unit is owned by one individual, his right to cast the votes for the Unit shall be established by the record title to his Unit. 2. In the event any Unit is owned by more than one individual or by an entity, the votes for the Unit may be cast at any meeting by any co -Owner of the Unit provided, however, that in the event a dispute arises between the co -Owners as to how the votes for the Unit shall be cast, or in the event the co -Owners are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to cast the votes for the Unit on the matter being voted upon at that meeting, but their membership shall be counted for purposes of determining the existence of a quorum. BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 2 OF 13 • OR 5009 PG 2435 • Exhibit "D" For purposes of this paragraph, the principals or partners of any entity (other than a corporation) owning a Unit shall be deemed co -Owners of the Unit, and the directors and officers of a corporation owning a Unit shall be deemed co -Owners of the Unit. 3. Proxies. Every Member entitled to vote at a meeting of the members, or to express consent or dissent without a meeting, may authorize another person or persons to act on the Members behalf by a proxy signed by such Member or his attorney-in-fact. Any proxy shall be delivered to the secretary of the meeting at or prior to the time designated in the order of business for delivering proxies. Members may not vote by general proxy, but may vote by limited proxy. Limited proxies and general proxies may be used to establish a quorum. Limited proxies may also be used for votes taken to amend the Articles or Bylaws or for any matter that requires or perm a( the members. Any proxy shall be effective Ii: meeting for which originally given and a £ djoumed.`ri,ir±' 9 - s thereof. In no event shall any proo k6 4 lid for a period lon6e� n ninety (90) days after the da,* of ilie-*-St-meeting for which -it wad given. Every proxy shall be re � yx__jr e a the pleasurepf the Member executing i . E e XYna��dl ' rth 4he name of the person roti b�hi cy%" mir` persdn authorized to vote the • pro f vry sh ntiin the date, time and place 6 thk� e P §"n, and if a limited proxy, Set forth those Rema hicl, thel�iXy holder may vote, and th ner in which the v ? ro tc��St. IV. MEMBERSHIP M1' iK*. r'r A. Persons Entitled tottm_favy Unit is owned by more than one person, all co Owners of the Unit"may attend any meeting of the Members. In the event any Unit is owned by a corporation, any director or officer of the corporation may attend any meeting of the members. However, the votes for any Unit shall be cast in accordance with the provisions hereof. Institutional Lenders have the right to attend all Members meetings. B. Place. All meetings of the members shall be held at the principal office of the Association or at such other place and at such time as shall be designated by the Board and stated in the notice of meeting. C. Notices. Written notice, which must include an agenda, stating the place, day and hour of any meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given by first-class mail or personally delivered to each Member entitled to vote at such meeting and shall be posted in a conspicuous place on the Condominium Property, not less than fourteen (14) nor more than sixty (60) days before the date of the meeting, and upon notice to the Unit Owners, the Board shall by duly adopted rule designate one or more specific locations on the Condominium Property upon which all notices of Unit Owner meetings shall be posted. If mailed, such notice shall be deemed to be delivered when deposited in the United • States mail addressed to the Member at his address as it appears in the records of the BYLAws OF PIPER BLVD. LAND CONDOMINIUM AssocwnoN, INC. PACE 3 of 13 OR 5009 PG 2435 Exhibit "D" Association, with postage thereon pre -paid. For the purpose of determining members entitled to notice of, or to vote at, any meeting of the members of the Association, or in order to make a determination of the members for any other purpose, the Board shall be entitled to rely upon the Member register as same exists fourteen (14) days prior to the giving of the notice of any meeting, and the Board shall not be required to take into account any changes in membership occurring after that date but may, in their sole and absolute discretion, do so. Notwithstanding the foregoing, if a Unit is owned by more than one individual or by an entity, only one notice shall be required to be given with respect to the Unit, which may be given to any co -Owner as defined hereinabove of these Bylaws. Notice to any Member or co -Owner shall be sent to the Unit of such Member or co -Owner, unless the Owner of the Unit requests otherwise. D. Waiver of Notice. Whenever any notice is required to be given to any Member under the provisions of the Articles or these Bylaws, or as otherwise provided by law, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time �eite{ein, shall be equivalent to the giving of such notice. Attendance of a Me' ; 6b6 hall constitute a waiver of notice of _R such meeting, except when rtfier objectst�eginning of the meeting to the transaction of any business I catCise the meeting is no' #Wfukty called or convened. E. Annualee} ng.ia` -� annua-riiOting �qr tt�e purposes of electing directors and transacti lg of y res td_G;nce,,each year at a time and place to be determined by Oe log, ig a e t o notice of such meeting. � � �. j F. Special�lgIe�RRtt�e�ngse rflmbers may be called at : -x. any time -by any direct F fete president, or at th'erequ st, ihA'�ting, by any member, or as otherwise provided iy,;)a�r. Such request st te�tt�e`;urpose of the proposed meeting. Business tran d at all special meefi VOe confined to the subjects stated in the notice of�e Notice of any �"meeting shall be given in accordance with paragraph ;v G. Adjournments. Any meetingray fie adjourned or continued by a majority vote of the members present in person or by proxy and entitled to vote, or if no Member entitled to vote is present, then any officer of the Association may adjourn the meeting from time to time. If any meeting is adjourned or continued to another time or place, it shall not be necessary to give any notice of the adjourned meeting, if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and any business may be transacted at the adjourned meeting that might have been transacted at the original meeting. If the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, notice of the adjourned meeting may be given to Members not present at the original meeting, without giving notice to the Members which were present at such meeting. H. Organization. At each meeting of the members, the president, the vice president, or any person chosen by a majority of the members present, in that order, shall act as chairman of the meeting. The secretary, or in his absence or inability to act, any person appointed by the chairman of the meeting, shall act as secretary of the meeting. BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 4 OF 13 • • OR 5009 PG 2437 • • • Exhibit "D" I. Order of Business. The order of business at the annual meetings of the members shall be: 1. Determination of chairman of the meeting; 2. Calling of the roll and certifying of proxies; 3. Proof of notice of meeting or waiver of notice; 4. Reading and disposal of any unapproved minutes; 5. Reports of directors, officers or committees; 6. Nomination and election of inspectors of election; 7. DeterminationjDf-nrT o#directors; 8. Electictrfectors; 9. Unfinisi; d"usiaess: # im 11. J. Minutes\r' book available for insp& the directors, upon reasc retain these minutes for a $sem minutes of all mee by the members t"otice, during n igd,of not less than Z Iers shall be kept in a representatives, and The Association shall K. Actions without a'°M e .; �nj*Oiioi fequired or permitted to be taken at any annual or special meeting o`f the rrie ttb6rs of the Association, may be taken without a meeting, without prior notice, and without a vote if a consent in writing, setting forth the action so taken, shall be signed by the members having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all members entitled to vote thereon were present and voted. Within ten (10) days after obtaining such authorization by written consent, notice shall be given to those members who have not consented in writing. The notice shall fairly summarize the material features of the authorized action. If a Unit is owned by more than one (1) person or by a corporation, the consent for such Unit need only be signed by one (1) person who would be entitled to cast the vote for the Unit as a co -Owner pursuant to these Bylaws. V. DIRECTORS. A. Membership. The affairs of the Association shall be managed by a Board of three (3) directors. B. Appointment of Directors by Members. The director election procedures required by Section 718.112(2)(d)2 of the Florida Condominium Act are hereby waived BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 5 of 13 OR 5009 PG 2438 • Exhibit "D" pursuant to Section 718.112(2)(d)10 of the Florida Condominium Act. Directors shall be appointed to the Board by the Members as follows: 1. The Owner of Unit 1 and Unit 2 shall each appoint a Director ("Appointed Directors)") to serve on the Board. 2. The Appointed Directors shall agree on a third individual ("Independent Director") to serve as a Director on the Board. If the Appointed Directors cannot reach an agreement as to whom shall serve as the Independent Director, either Owner may petition a court to appoint an individual to serve as the Independent Director. 3. A person who has been suspended or removed by the Division of Florida Condominiums, Timeshares, and Mobile Homes (the "Division") under F.S. Chapter 718, or who is delinquent (or whose business entity is delinquent) in the payment of any fee, fi a tor- , or regular assessment provided as provided for in Florida $tatr t� ;Ake c rat�ion, or these Bylaws, is not eligible for Board membersh7!. pVototi who fia's-�ie#nnwicted of any felony in Florida or in a United Statratslrict or Territorial Co orwho has been convicted of any offense in 4noth6i -judsdiction which woWd bye considered a felony if committed in Flon'd l/isr Iligibl6-for-Bbard rn °gibei<ship unless such felon's civil rights hav¢ beknj4Zgore'r s years as of the date such person seeks eiecttoti _ r or vas i aac#ion by the Board is not affected if it is later rete I e tf ` ; ol te finer lberj is ineligible for Board • membership d e"tp ha b bac of'fe ny.� , s ,+ f 7lr - C. Term of r The Appointed Rftitos jerve at the discretion of the Owner who .appoin a hem or until such Ir 9tgrt` Bath or .resignation. The Independent Director shal(`rat the discretion of tt> pointed Directors or until such Director's death, resignation',�`rttDirector, which demand for removal shall be in writing an"I ato d�1Sy called meeting of the Board or Members. D. Organizational Meeting. The Board shall meet at least yearly for the purposes of organization, the election of officers and the transaction of other business at such place and time as shall be fixed by the Directors. E. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the directors. No regular meetings of the Board will be required. F. Special Meetings. Special meetings of the Board may be called by any Director, or by the president, at any time. G. Notice of Meetings. Adequate notice of all meetings, which notice shall specifically incorporate an identification of agenda items, shall be delivered to all Directors and posted conspicuously on the Condominium Property at least forty-eight (48) continuous hours preceding the meeting except in an emergency. Any item not included on the notice may be taken up on an emergency basis by at least a majority plus -one of the members of the Board. Such emergency action shall be noticed and ratified at the next regular meeting of the Board. However, written notice of any meeting BYLAWS OF PIPER BLVD. LAND CONDommuM ASSOCIATION, INC. • PAGE 6 OF 13 OR 5009 PG 2439 • Exhibit "D" at which: (1) nonemergency Special Assessments, or (2) amendments to rules regarding Unit use will be considered shall be mailed, delivered, or electronically transmitted to the Unit Owners and posted conspicuously on the Condominium Property not less than fourteen (14) days prior to the meeting. Evidence of compliance with this fourteen (14) day notice shall be made by an affidavit executed by the person providing the notice and filed among the official records of the Association. Upon notice to the Unit Owners, the Board shall by duly adopted rule designate a specific location on the Condominium Property or Association Property upon which all notices of Board meetings shall be posted. H. Meetings to Adopt Budgets and Assessments. Any meeting at which a proposed annual budget of the Association will be considered by the Board or Unit Owners shall be open to all Unit Owners. At least fourteen (14) days prior to such a meeting, the Board shall hand deliver to each Unit Owner, mail to each Unit Owner at the address last fumished to the Association by the Unit Owner, or electronically transmit to the location fumished by the Unit Qwne fo I urpose a notice of such meeting and a co of the proposed annus �d�AA�i copy p p J b _$met or manager of the Association, or other person providing no fi �meeting'; stle ecute an affidavit evidencing compliance with such not' r irement, and such I tx t shall be filed among the official records of the Association....__......— If a Board adopts'" i any, K- dual budget which requires • Assessments against Unit , e . #, ch ae o dr�d fifteen percent (115%) of Assessments for the pec } in fisgal a lr, < e ea15��hil c�nd ct a special meeting of the Unit Owners to cortsi`�s sI�+tu�',bdio, f th rd Gecelves, within twenty-one (21) days after the ad*� \,of the annual budge" wriken pst for a special meeting from at least ten percetaCA %) of all Voting t st�. er,,special meeting shall be conducted within sixty (6 s after adoption o .�ntr1budget: At least fourteem (14) days prior to such spe I#*ting, the Board sh if a�`deliver to each Unit Owner, or mail to each unit owner ass last, Ju�ri'ikh ' the Association, a notice of the meeting. An officer or mancftbe stiaia , or other person providing notice to such meeting shall execute an (lav+ g compliance with this notice requirement, and such affidavit shall be filed among the official records of the Association. Unit Owners may consider and adopt a substitute budget at the special meeting. A substitute budget is adopted if approved by a majority of all Voting Interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the Board shall take effect as scheduled. Any determination of whether Assessments exceed one hundred fifteen percent (115%) of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the Condominium Property, anticipated expenses of the Association which the Board does not expect to be incurred on a regular or annual basis, or Assessments for betterments to the Condominium Property. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance, unless Members have determined, by a majority vote at a duly called meeting of the Association, to provide no reserves or less reserves than required by this subsection. However, prior to turnover of control of an Association by the Developer to Unit Owners other than a Developer, the Developer may vote to waive the reserves or reduce the funding of reserves for the first • two (2) fiscal years of the Association's operation, beginning with the fiscal year in which BYLAWS OF PIPER BwD. LAND CONDOMIMUM ASSOCIATION, INC. PAGE 7 OF 13 OR 5009 PG 2440 • Exhibit "D" the initial declaration is recorded. After such time reserves may be waived or reduced only upon the vote of a majority of all non -developer Voting Interests voting in person or by limited proxy at a duly called meeting of the Association. 1. Quorum and Manner of Acting. A majority of the directors determined in the manner provided in these Bylaws shall constitute a quorum for the transaction of any business at a meeting of the Board. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number of directors is required by the Declaration, Articles or by applicable law. A director who is present at a meeting of the board shall be deemed to have voted in favor of any action taken, unless he voted against or abstained from voting because of an asserted conflict of interest. The vote or abstention of each director present on each issued voted upon shall be recorded in the minutes. J. Committees. The Board may, by resolution duly adopted, appoint committees. Any committee shall ,have-att ,y."tna_ exercise such powers, duties and functions as may be determined ti t%vBbarft �t} ^ to time, which may include any powers which may be exercjsb Board an tit `ire not prohibited by law from being exercised by a comrfxftte K. Resignation. Anyi,4 for r11ay"resid�n at ar�timo by giving written notice of his resignation to a0thet r� cP "ignation shall take effect at the time specked therein o , iratt'i i tln%+v ch res ttbn i to become effective is not specified therein, $ im dl . 1 r ipt�)agd, Unless otherwise specified • therein, the acceptancf�ura° a of bi to make it effective. L. In utalty deleted. r' M. vacancies. 1. Vacancies -in,;ta ed by the Owner who appointed the departed Directories case of Appointed Directors) and by agreement between the Appointed Directors (in the case of the Independent Director).. 2. In the event the Association fails to fill vacancies on the Board sufficient to constitute a quorum in accordance with these Bylaws; any Owner may apply to the Circuit Court of the County in which the Land is located for the appointment of a receiver to manage the affairs of the Association. At least thirty (30) days prior to applying to the Circuit Court, the Owner shall mail to the Association a notice describing the intended action giving the Association the opportunity to fill the vacancies. If during such time the Association fails to fill the vacancies, the Owner may proceed with the petition. If a receiver is appointed, the Association shall be responsible for the salary of the receiver, court costs and attorney's fees. The receiver shall have all powers and duties of a duly constituted member of the Board, and shall serve until the Association fills vacancies on the Board sufficient to constitute a quorum. A director may join by written concurrence in any action taken at a meeting of the Board but BYLAWS OF PIPER BLvD. LAND CONDOMINtuM ASSOCIATION, INC. • PAGE 8 OF 13 • OR 5009 PG 2441 Exhibit "D" such concurrence may not be used for the purposes of creating a quorum. N. Adjourned Meetings. A majority of the directors present at a meeting, whether or not a quorum exists, may adjourn any meeting of the Board to another place and time. Notice of any such adjourned meeting shall be given to the directors who are not present at the time of the adjournment, and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors. At any adjourned meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice. O. Presiding Officer. The presiding officer of the Board meetings shall be the chairman of the Board if such an officer is elected and if none, the president of the Association shall preside. In the absence of the presiding officer, the directors shall designate one of their members to preside. P. Order of Busines.. � rc r is€ b4ip ss,.at a Board meeting shall be: 2. 3. feacigaft,diy►`vd r�inutes; 4. 5. Efe'tn of officers;° 4 k ( I 6. Unfin�hgdAzusiness; 7. New business, �'r#` 8. Adjournment Q. Minutes of Meetings. The minutes of all meetings of the Board shall be kept in a book available for inspection by the members of the Association, or their authorized representatives, and the directors, upon reasonable notice, during reasonable times. The Association shall retain these minutes for a period of not less than seven (7) years. R. Compensation. The directors shall not be entitled to any compensation for serving as directors unless the members unanimously approve such compensation, provided however, the Association may reimburse any director for expenses incurred on behalf of the Association, without approval of the members. S. Powers and Duties. The directors shall have the right to exercise all of the powers and duties of the Association, express or implied, existing under these Bylaws, the Articles, the Declaration, or as otherwise provided by statute or law. VI. OFFICERS. • BYLAWS OF PIPER BLVD. IANo CONDOMINIUM ASSOCIATION, INC. PAGE 9 O 13 OR 5009 PG 2442 • Exhibit "D" A. Members and Qualifications. The officers of the Association shall include a president, vice president, treasurer and secretary, all of whom shall be elected by the directors and may be removed from office with or without cause by the directors. Any person may hold two or more offices except that the president shall not also be the secretary. The Board may, from time to time, elect such other officers and designate their powers and duties as the Board shall find to be appropriate to manage the affairs of the Association from time to time. Each officer shall hold office until the meeting of the board following the next annual meeting of the members, or until his successor shall have been duly elected and shall have qualified, or until his death, or until he shall have resigned, or until he shall have been removed, as provided in these Bylaws. B. Resignation. Any officer may resign at any time by giving written notice of his resignation to any director or officer. Any such resignation shall take effect at the time specified therein, or if there is not time specified therein, immediately upon its receipt and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make such resignation e#€ev C. Vacancies. � in any'-:-, yhether arising from death, resignation, removal or any i x r cause may be filled`�f tfte unexpired portion of the term of such vacant office, iMike-- ner prescribed ih, these Bylaws for the regular election or appointment,bf suchWise _ -----Ji D. The Pr4sid40f. /Th- - pr1e i"`s aft -6e (- lief,,executive officer of the • Association. He shall havk al of �t.he oWe a �d�'iiubes tr fhi�h are usually vested in the office of president of ` n` be It� tion udi r' but not limited to, the power to appoint comrrlMfes from among the rnnbers froe to time, as be may in his discretion deem appi.ap Ti to to assist in the couctz`of airs of the Association. t E. The VicePreiceht,�The vice presidelaC;r h; in the absence or disability of the president, exercise thb`, aO—pgffarr ti ies of the president. He shall also assist the president gener'blly,-aboLex tl � c?i'other powers and perform such other duties as may be prescribedby tfi ttireetvrs. F. The Secretary. The secretary shall prepare and keep the minutes of all proceedings of the directors and the members. He shall attend to the giving and serving of all notices to the members and directors and other notices required by law. He shall have custody of the seal of the Association and affix the same to instruments requiring a seal when duly executed. He shall keep the records of the Association, except those of the treasurer, and shall perform all other duties incident to the office of secretary of an Association, and as may be required by the directors or the president. G. The Treasurer. The treasurer shall have custody of all property of the Association, including funds, securities, and evidence of indebtedness. He shall keep books of account for the Association in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the Board for examination at reasonable times. He shall submit a Treasurer's Report to the Board at reasonable intervals and shall perform all other duties incident to the office of treasurer. He shall collect all Assessments and shall report to the Board the status of collections as requested. BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. • PAGE 10 OF 13 • OR 5009 PG 2443 Exhibit "D" H. Compensation. The officers shall not be entitled to compensation unless the Board specifically votes to compensate them. However, neither this provision, nor the provision that directors will not be compensated unless otherwise determined by the members, shall preclude the Board from employing a director or an officer as an employee of the Association and compensating such employee, nor shall they preclude the Association from contracting with a director for the management of property subject to the jurisdiction of the Association, or for the provision of services to the Association, and in either such event to pay such director a reasonable fee for such management or provision of services. VII. FINANCES AND ASSESSMENTS. A. Assessment Roll. The Association shall maintain an Assessment roll for each Unit, designating the name and current mailing address of the Owner, the amount of each Assessment against such Owner, the dates and amounts in which the Assessments come due, the amounts "idAhe account of the Owner, and the balance due. �� /'4 ''� B. DepositonesC"c funds of the Aso 1a"i shall be deposited in such banks and depositories as m }r �tae-determined and appr6yed �Y appropriate resolutions of the Board from time to eiimu Winds shaq-bie withdrawn only upon checks and demands for money sIggned cj c=ri�Vl ° other persons as may be designated by the Board. 91d ItyA.6n s bsDeclaration shall be required • of all signatories on an} ac'cu t o�h�Asolc" t 14.._...x` 1 C. Depositlrig o1 Payments. All s cope d "bey the Association from Assessments may be db `ked in single fund ivi ,edriwiorfirore than one fund, as determined by the Board. D. Accounting R'6s�3t: A;Te Association shall maintain accounting records according toatii Vices. The records shall be open to inspection by Owners and Institut n t-kender§ or their authorized representatives, at reasonable times. Within ninety (90) days after the end of the fiscal year, or annually on a date provided in the Bylaws, the Association shall prepare and complete, or contract for the preparation and completion of, a financial report for the preceding fiscal year. Within twenty-one (21) days after the final financial report is completed by the Association or received from the third party, but not later than one hundred twenty (120) days after the end of the fiscal year or other date as provided in the Bylaws, the Association shall mail to each Unit Owner at the address last furnished to the association by the Unit Owner, or hand deliver to each Unit Owner, a copy of the financial report or a notice that a copy of the financial report will be mailed or hand delivered to the Unit Owner, without charge, upon receipt of a written request from the Unit Owner. Since the Association operates fewer than 75 Units, the Association shall only be required to prepare an annual report of cash receipts and expenditures. 2. A report of cash receipts and disbursements must disclose the amount of receipts by accounts and receipt classification in the amount of expenses by accounts and expense • classifications including, but not limited to, the following, as applicable: taxes, insurance BYLAWS OF PIPER BLVD. LAND CONDOMINIUM AssoclATiON, INc. PAGE 11 OF 13 OR 5009 PG 2444 Exhibit "D" costs, building maintenance and repair, expenses for lawn care, expenses for refuse collection and utility services, security, professional and management fees and expenses, administration and salary expenses, and reserves accumulated and expended for capital expenditures, deferred maintenance and any other category which the Association maintains reserves. E. Reserves. Subject to the Developer's right to waive reserves for the first two (2) years of operation, the budget of the Association shall provide for a reserve fund for the periodic maintenance, repair and replacement of the Common Elements and other property which the Association is obligated to maintain. It is acknowledged that, due to the nature of the Land Condominium governed by the Association, there may be little (if any) reserves. Vlll. PARLIAMENTARY RULES. Roberts Rules of Order (latest Edition) shall govem the conduct of the Association meetings when not in conflict with the Declaration, Articles or these Bylaws. IX. AMENDMENTS. ExpW;,as.etf%rwise p�owddti in the following manner: ;/- ' A. Notice. Notice 0. be jecrmattet of a included in the notice' of {�an,� .r,?ee_ a ° ch considered. B. Initiatiorf {cif tarn d aeseAy any director, or any Meek,of the Association. C. Adoption 1. A resol o, adopted i Association. Bylaws may be amended I amendment shall be amendment is to be be proposed either by �oposed amendment shall be by the membership of the 2. Notwithstanding the foregoing, these Bylaws may be amended solely by the Board, upon the unanimous vote of the directors and without the vote or approval of the members, if the purpose of such amendment is solely to conform these Bylaws to the provisions of any applicable state statute including any amendment to any statute hereafter adopted. D. After turnover of control of the Association to members other than the Developer, no amendment shall make any changes in the qualification for membership nor in the Voting Interests of members without approval by all of the members and the joinder of all record owners of mortgages upon the Units. No amendment shall be made that is in conflict with the Declaration or the Articles. E. These bylaws shall not be revised or amended by reference to title or number only. Proposals to amend these bylaws shall contain the full text of the bylaws to be amended. New words shall be inserted in the text underlined, and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather that assist, the understanding of the BYLANS OF PIPER BLVD. LAND CONDOMINtuM ASSOCIATION, INC. PAGE 12 OF 13 • • • • *** OR 5009 PG 2445 *** Exhibit "D" proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of bylaw. See bylaw for present text". Execution and Recording. No modification of, or amendment to, the Bylaws, shall be valid until recorded in the pubic records of the county in which the Condominium is located. X. MISCELLANEOUS. A. Tenses and Genders. The use of any gender or any tenses in these Bylaws shall refer to all genders or to all tenses, wherever the context so requires. B. Partial Invalidity. Should any of the provisions hereof be void or become unenforceable at law or in equity, »the ai ri1 -provisions shall, nevertheless, be and remain in full force and effect. {� ` ` >'.� C. Conflicts. I�t67.r ent of any conflict,'14-De�claration, the Articles and these Bylaws shall govem, in at -order. - y__ D. Captions r C� a '' e ' s a matter of convenience and for reference, and in r b y sire in end oOefin , limit or describe the • scope of these Bylaws r t it te4 f n j pwto vi here E. Waiver df-, flections. The failuk,of toe Boat f or any officers of the Association to comply w i1. terms and provis of t d laxation, the Articles, or these Bylaws which rela e limitations shaIi "i i r' f itself, invalidate the act done or performed. Any suc foiln shall be waived if',1`4s ,66t objected to by a Member of the Association within ten (1�da a#ec.the , j os notified, or becomes aware, of the failure. Furthermore, if sum itr_e general or special meeting, the failure shall be waived as to all memo o received notice of the meeting or appeared and failed to object to such failure at the meeting. The foregoing was adopted as t AssaPresidenit s L day of c r , 2014. tLRi and B. Hielscher, Robert A. Sou an, Jr., cretary (Corporate Seal) • BYLAws OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 13 OF 13 i�234$@j Cr.iUl. MC ROM �p ORDINANCE NO. 06- 34 13 AN ORDINANCE OF THE BOARD OF COUNTY V COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS `.MENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 "C-1 AND C-3" TO "CPUD" COMMERICAL PLANNED UNIT DEVELOPMENT KNOWN AS BRB DEVELOPMENT CPUD FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.2 ACRES, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing BRB Development, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE Ir ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 23, Township 48 South, Range 25 East, Collier County, Florida, is changed from "C -I and C-3" to "CPUD" Commercial Planned Unit Development in accordance with the CPUD Document, attached hereto as Exhibit A, which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 0441, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this a day of —dune. , 2006, ATTEST: DWIGHT E. BROCK, CLERK uty Clerl: ��Tl ai1Q lega suf,Tteienc) iviarM. Student -Stirling Assistant Couniy Attorney i>uni: zuu5-AR-x;6I BOARD OF COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA BY:-rTA-- NK HALAS, NVAN This ordinance filed with the tary o�tate's Office the y and ocknowledgem54 that {Ili received this day of � crit • r� 0 • • U BRB DEVELOPMENT A COMMERCIAL PLANNED UNIT DEVELOPMENT 3.2± Acres Located in Section 23, Township 48 South, Range 25 East, Collier County, Florida PREPARED FOR: BRB DEVELOPMENT, LLC 800 Frontage Road Northfield, 11 60093 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, FI 34134 (239) 947-1144 (239) 947-0375 Fax iM GOODLETTE COLEMAN AND JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 (239) 435-3535 (239) 435-1218 BRB DEVELOPMEN'r CPUD(BCC Rev061 S06)clean.doc EXHIBIT "A" • TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE II SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III COMMERCIAL 3-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4-1 .7 • BRB DEVELOPMENT CPUD(BCC RevG6l506)cican.doc 11 • • • LIST OF EXHIBITS EXHIBIT A CPUD MASTER PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C LEGAL DESCRIPTION EXHIBIT D LOCATION MAP EXHIBIT E FOUNDATION PLANTING DEVIATION EXHIBIT BRB DEVELOPMENT CPUD(BCC RevO61506)ciean.doc I11 • STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the developer, to create a Commercial Planned Unit Development (CPUD) on 3.2± acres of land located in Section 23, Township 48 South, Range 25 East, Collier County, Florida. The name of this Commercial Planned Unit Development shall be BRB Development CPUD. The development of BRB Development CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: The entire 3.2± acres of the subject property is within the Urban Commercial District, Mixed Use Activity Center Subdistrict (Activity Center #1), as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Commercial District, Mixed Use Activity Center Subdistrict, is to concentrate almost all new commercial zoning in locations where traffic impacts can be readily accommodated. The BRB Development CPUD is consistent with • Policies 5.1 and 5.3 of the Future Land Use Element, which require that commercial development is located within appropriately designated areas of the County and that urban sprawl is discouraged by confining urban development to the Urban designated areas of the County. 2. The proposed intensity of development includes a combination of indoor self - storage, general and medical office, and retail commercial uses comparable to those found in the C-3, zoning district. A maximum commercial floor area of 163,000 square feet shall be permitted within the BRB Development CPUD. The BRB Development CPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 4. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, set forth in the Land Development Code (LDC). • BRB DEVELOPMENT CPUD(BCC Rev061506)clean.doc 1V • • • SHORT TITLE This ordinance shall be known and cited as the "BRB DEVELOPMENT COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE". BRB DEVELOPMENT CPUD(BCC Rev061506klean.doc V • SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the BRB Development CPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "C" 1.3 PROPERTY OWNERSHIP Naples Dinner Theatre Associates, LTD cto Sandra Fiske • P.O. Box 4937 Santa Rosa Beach, FL 324594937 Contract Purchaser: BRB Development Company 800 Frontage Road Northfield, IL 60093 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 23, Township 48 South, Range 25 East Collier County, Florida. The site is located with Activity Center #1 on the Future Land Use Map. All adjacent properties lie within the Activity Center boundaries. The site is presently developed, and the building is occupied by the Naples Dinner Theatre. The property abuts Piper Boulevard and Cypress Way East. B. The zoning classification of the subject property at the time of CPUD application is C-1, Commercial Professional and General Office, and C-3, Commercial Intermediate. C. Elevations within the site are approximately 11 feet above MSL. The • property lies within FEMA elevations designated AE 11 and X. BRB DEVELOPMENT CPUD(BCC Rcv061506)c1can.doc 1-1 • • .7 D. The entire site has been altered through prior development, and no native vegetation exists on the property. E. The property is located in the Cocohatchee River Canal Basin of the Collier County Drainage Atlas. 1.5 INTENSITY The acreage of the BRB Development CPUD is approximately 3.2+ acres and a maximum of 163,000 square feet of commercial land uses may be constructed within the CPDD. BRB DEVELOPMENT CPUD(BCC Rev061506)c11ean.doc 1-2 SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the BRB Development CPDD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The BRB Development CPDD will be developed as a commercial project, which may feature a mix of commercial land uses. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Chapters 1, 4 and 10 of the LDC. C. The project is less than 5 acres and therefore, has no minimum open space requirement per Section 4.02.01 of the LDC. TYPE UNITS/SQ. FT. ACREAGE Commercial 2.21± Water management area 0.15± Buffers / other open space 0.84± TOTAL ACRES 3.2± 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the BRB Development CPUD shall be in accordance with the contents of this CPDD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this CPUD Ordinance), and the Growth Management Plan. Where this CPUD Ordinance does not provide developmental standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. Where specific standards are specked in this CPUD, these standards shall prevail over those in the LDC. BRB DEVELOPMENTCPUD(BCC Rev061506)c[wn.doe 2-1 • • • B. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, set forth in the LDC. C. All conditions imposed herein or as represented on the BRB Development Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. D. The subdivision requirements of the LDC, shall apply to the CPDD, except where a deviation is approved as part of this CPUD, or otherwise granted pursuant to the LDC. 2.4 DEVIATIONS FROM LDC A. Building Foundation Planting Areas A deviation from LDC Section 4.06.05.B.5, which requires buildings with a wall height greater than 35 feet to provide a 15 feet wide continuous foundation planting area around a building perimeter, to permit the required foundation plantings (approximately 7,700 sq.ft.) to be displaced • and replanted in planting areas primarily adjacent to the building wall facing Piper Boulevard, with additional landscape material to be installed in other landscaped areas of the project. The vegetative material planted in accordance with this deviation must meet the minimum plant material sizes and standards of Section 4.06.05.B.5.c. This deviation is applicable only for the proposed indoor self storage land use. An exhibit identifying the conceptual location of building foundation planting areas has been provided in support of this deviation request. 2.5 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or the CPUD Master Plan as provided in Chapter 10 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 2.6 COMMON AREA MAINTENANCE Common area maintenance will be provided by the developer or by a property owners' association. For those areas not maintained by the developer, the developer will create property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The developer or the property owners' association, as applicable, • shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems serving the CPUD, in accordance with the provisions of the LDC together with any applicable permits from the South Florida Water Management District. BR$ DEVELOPMENT CPUD(BCC Rev%1506)c1ean.dm 2-2 2.7 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the CPUD. A. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the BRB Development CPUD boundary prior to preliminary subdivision plat and site development plan submittal, when the landscape and irrigation plans are submitted and approved prior to plat construction. B. The required 10 foot wide Type "A" buffer located along the northern property boundary shall be supplemented with a vegetative hedge, fence, or combination thereof, to equal the opacity requirements of a Type "B" buffer. 2.8 DESIGN GUIDELINES AND STANDARDS A. The BRB Development CPUD is a planned community and will be developed under unified control. The developer will establish design guidelines and standards to ensure a high and consistent level of development consistent with the LDC. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the BRB Development CPUD. General permitted uses are those uses which generally serve the development and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth in Section 2.01.03 of the LDC, which include but are not limited to water and sewer lines, telephone and cable services, electric transmission lines and the like. 2. Water management facilities and related structures. 2.10 OPEN SPACE REQUIREMENTS In accordance with the LDC, commercial projects less than 5 acres have no minimum open space requirement. Open space will be provided within the CPUD and shall consist of landscaped areas and water management areas. BRB DEVELOPMENTCPUD(BCC Rev061506)c1ean.dm 2-3 • • • • • C7 2.11 NATIVE VEGETATION REQUIREMENTS No native vegetation exists on-site; therefore, no native preserve areas are required within the BRB Development CPUD. 2.12 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. BRB DEVELOPMENT CPUD(BCC Rev061506)c1ean.dm 2-4 r� SECTION III COMMERCIAL «C„ 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the BRB Development CPUD designated on the Master Plan as "C", Commercial. 3.2 MAXIMUM COMMERCIAL SQUARE FOOTAGE A maximum of 163,000 square feet of commercial land uses may be constructed on lands designated as "C", Commercial on the CPUD Master Plan. A minimum of 100,000 square feet of indoor storage uses(s) must be constructed within the CPUD, and a maximum of 20,000 square feet of other permitted uses may be constructed within the CPUD. 3.3 GENERAL DESCRIPTION • Areas designated as "C,„ on the Master Plan are designed to accommodate a mix of commercial land uses including indoor self storage, general and medical office, and retail commercial generally consistent with the retail commercial uses found in the C-3 Zoning District. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Commercial Land Uses 1. Amusement and recreation services (groups 7911 (excluding discotheques and dance halls) and 7991). 2. Auto rental and services (group, 7515). 3. Business services (groups 7311, 7313, 7322 — 7338, 7361, 7371 — 7383 4. Depository and non -depository institutions (groups 6021 — 6199). 5. Eating places (existing only). The existing Naples Dinner Theater may continue operations through June 1, 2008. 6. Educational services (groups 8231 — 8249 (no exterior instruction of motorized equipment), 8299). • 7. Health services (groups 8011 —8059, 8071 — 8092, and 8099). 8. Holding and other investment offices (groups 6712 — 6799). 9. Insurance carriers, agents, brokers, and services (groups 6311 — 6399, 6411). BRB DEVELOPMENT CPUD(BCC Rev061506)c1ean.dm 3-1 • • • 10. Legal services (group 8111). 11. Museums and art galleries (group 8412). 12. Professional offices, research, and management consulting services (groups 8711 — 8721, 8732 — 8743, 8748). 13. Public administration (groups 9111 — 9222, 9229 — 9661). 14. Real estate agents and managers (groups 6512, 6531 — 6552). 15. Security and commodity dealers (groups 6211 — 6289). 16. Social services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). 17. Travel agencies (group 4724). 18. Veterinary services (group 0742 for household pets only and without any overnight boarding or outside kennels). 19. Warehousing (group 4225 indoor climate controlled self storage with no outdoor storage, no on-site maintenance, assembly, manufacturing activities, and no metal roll -up garage doors). 20. Any other uses that are comparable in nature and as determined by the Board of Zoning Appeals. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses permitted in this District. 3.5 DEVELOPMENT STANDARDS A. The following development standards shall govern development within the BRB Development CPUD Development Area. Minimum yards Front: Twenty-five (25') feet. Side: Twenty (20') feet. Rear: Twenty (20') feet. 2. Maximum height — Three (3) stories not to exceed an actual height of forty-five (45') feet, except that the elevator shaft(s) may be a maximum height of 50'. BRB DEVELOPMENTCPUD(BCC Rev061506)c1ean.doc 3-2 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the BRB Development CPDD. 4.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations at the time of application approval except where specifically noted. B. The CPUD Conceptual Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary/final subdivision plat or site • development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 4.3 ENGINEERING Except as noted herein, all project development will occur consistent with the LDC. 4.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the Project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the LDC, as amended, except as may be provided in this CPUD Document. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system • shall be customers of the County and subject to Ordinance Number 04-31. BRB DEVELOPMENT CPUD(BCC Rev061506)c1ean.dm 4-1 • 4.5 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. An Excavation Permit will be required for the proposed lakes in accordance with the LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The BRB Development CPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report that has been included in the CPUD Rezone application materials. 4.6 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: • A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. • D. Site -related improvements (as apposed to system -related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required BRB DEVELOPMENT CPUD(BCC Rev061506)c1ean.dm 4-2 • improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with County applicable ordinances as they may be amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence • of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and County shall have no responsibility for maintenance of any such facilities. J. If any required tum lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way, shall be provided without cost to the County as a consequence of such improvement. If it is determined that additional right-of-way is necessary for tum lane improvements to Cypress Way East, the developer shall provide right-of- way to Collier County only to the extent necessary to accommodate tum lane improvements on Cypress Way East. K. If, in the sole opinion of the County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of- way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. The project traffic shall be limited to a maximum of 295 peak hour trips for • any combination of uses permitted within the CPDD. BRB DEVELOPMENT CPUD(BCC ReY061506)clean.doc 4-3 • M. If Collier County determines that the existing bridge at Cypress Way East is to remain, the developer shall make a payment of $25,000 to Collier County prior to the issuance of the certificate of occupancy for the indoor self storage facility. 4.7 ENVIRONMENTAL A. This CPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site development plan approval. B. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from the entire property and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. C. All approved agency (SFWMD, ACOE, FFWCC) permits as applicable shall be submitted prior to final site development plan/construction plan • approval. • BRB DEVELOPMENTCPUD(BCC Rev061506)c1ean.doc 4-4 0 0 0 ISSISTC0 JVFFG. FA:FLITY OKI RNI-1 IV C T fmOp 0111, 01, �100 F 0., TING -_—. ........... . IT ll.l I It 01 �01 -01 . . .... F A .. . 1 IC TTP[ A I 0 SCArC PUFr[R,, 7 RES' EFFTI-L -Cr( AVSISUO L14NO $ACLIFY FAULTI FAF—Ly ED RMF -It I. LIETENIJON ARCS 2 A �f T- r,,c, nnc T- Q.GRADY VINOR AND ASSOCIATES, P.A. BRB DEVELOPMENT CPUD -Xifl3lT A MAPtCS D,F4KR TKA"C mr. WWFR;nnxn,.• I,IND FtOFFYra; ri www A%SO IATCS. LTO po *01 '23' (,-,ONCFP!6AL MVTFR PLAN SAMA ROSA Kst�. FL 32A51-931fIF OF OF hI crriccs FFFCR BLVCI MEDWAL C,,,Mf!CFC&L OFFICE FVO TF AR"r-A .[ 'ET' 15 I.,.,DsrApE 8,,rrEq C, "I LAW 9uf R FE sj,,,rtT,5 I,fz O;fH Cr ACK, . .......... . ... 0 0 0 OKI RNI-1 IV C T fmOp 0111, 01, �100 0., TING -_—. ........... . IT ll.l I It 01 �01 -01 . . .... I kAMI WCON't"ILE WIRER 2 A �f T- r,,c, nnc ­, Q.GRADY VINOR AND ASSOCIATES, P.A. BRB DEVELOPMENT CPUD -Xifl3lT A MAPtCS D,F4KR TKA"C mr. WWFR;nnxn,.• I,IND FtOFFYra; ri www A%SO IATCS. LTO po *01 '23' (,-,ONCFP!6AL MVTFR PLAN SAMA ROSA Kst�. FL 32A51-931fIF OF OF 0 0 0 0 ROADWAY usturmT M MT rr x I -M IX, 1`1$ LLLL 111.1 i I I + -4iNN ARD .......... 71 . . .... .... ....... J raj NV ­ DETAIL "A" 71, Z11, naw own7piffs CRADY MINOR AM elm mm"Im - LAND SURVEY IT -lop cmimpup P" nlaa+rocrro no asfvlax .. • BRB DEVELOPMENT CPUD LEGAL DESCRIPTION EXHIBIT "C" FOLIO NUMBERS 65370800001 and 65370720000 A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89°26'27" WEST, ALONG THE SOUTH LINE OF SAID BLOCK B AND THE NORTH LINE OF PIPER BOULEVARD, A 60 FOOT WIDE RIGHT-OF- WAY, FOR A DISTANCE OF 514.13 FEET; THENCE RUN NORTH 00'33'33" WEST FOR A DISTANCE OF 310.00 FEET; THENCE RUN NORTH 89°26'27" EAST, PARALLEL WITH THE SOUTH LINE OF SAID BLOCK B, FOR A DISTANCE OF 129.00 FEET; THENCE RUN SOUTH 00°33'33" EAST FOR A DISTANCE OF 70.00 FEET; THENCE RUN NORTH 89°26'27" EAST, PARALLEL WITH THE SOUTH LINE OF SAID BLOCK B, FOR A DISTANCE OF 213.76 FEET; THENCE RUN NORTH • 00038'55" WEST FOR A DISTANCE OF 49.51 FEET; THENCE RUN NORTH 89021'05" EAST FOR A DISTANCE OF 171.25 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK B AND THE WEST LINE OF CYPRESS WAY, SAID POINT BEING 275.78 FEET SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK B; THENCE RUN SOUTH 00035'50" EAST, ALONG THE EAST LINE OF SAID BLOCK B, FOR A DISTANCE OF 289.78 FEET TO THE POINT OF BEGINNING; CONTAINING 3.235 ACRES, MORE OR LESS. • • • m � z w �Y z F- a - 7 w - G� � 2 � LZ 2 � Q W C a Z d G a] c 2 - .-.. C1%RESS W- i ! 1 1 c 1 f Z j \ f \ 1 4 i • • • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-34 Which was adopted by the Board of County Commissioners on the 20th day of June, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of • County Commissioners of Collier County, Florida, this 26th day of June, 2006. r� DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board of County Commissioners �x By: Ann Jennejohn, Deputy Clerk AFFIDAVIT OF COMPLIANCE Piper Boulevard Medical Office Sign Variance Petition Number - PL20170001467 I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a Sign Variance. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letter, and property owner's which are hereby made a part of this Affidavit of Compliance. Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 21st day of June, 2017 by Sharon Umpenhour as Senior Planning Technician of Q. Grady Minor and Associates, P.A who is personally known to me or who has-predueed— as idenfifieation. (Sign re of Notary ubli (Notary Seal) Joanne Janes otPar p;8�� JOANNE JAMES Printed Name of Notary* My COMMISSION 9 FF =20 EXPIRES: March 14, 2018 • ���'�'arF4o�'r Bonded Tlrcu6udgdNotary 5ervices GradyMinor • Civil Engineers • Land Surveyors • Planners • Landscape Architects June 20, 2017 RE: Piper Boulevard Medical Office Sign Variance Petition Number - PL20170001467 Dear Property Owner: A formal application has been submitted to Collier County seeking a variance from Section 5.06.04.F.1 of the Land Development Code (LDC) by Equity Piper Naples, LLC for the following described property: BRB Development CPUD located on the northwest quadrant of Piper Boulevard and Cypress Way East in Section 23, Township, 48 South, Range 25 East, Collier County, Florida. Equity Piper Naples, LLC is asking the county to approve this application to allow a reduction in the 1,000 -foot separation standard to permit the PUD to have two pole signs approximately 240 • feet apart. The pole sign will comply with all sign copy area, size requirements and setbacks as permitted for non-residential uses in Section 5.06.04 of the LDC. The variance will simply authorize the tenant (physician's office) to have a separate sign identifying the business name of this separate building in the PUD. If you have any questions or comments, you may contact me by e-mail, phone, fax or mail to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Sharon Umpenhour Senior Planning Technician • Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Piper Medical Office Building GradvXllnor 260 130 0 260 Feet Civil Engineers • Land Surveyors • Planners • Landscape Architects N 0 0 • • • -------------- I ------ II I EX. DRY DETENTION I III i, PROPERTY UNE \ I — • — • — • — • — • — .......... —•—•—•—• ..... — —•—• ........ II I � L I I • EX�P� � fe o o e —� � i i, II f I I — — — ' _ I I I L F J L• r UNIT 101 t -I II J I I •, I I I ( II I I --1 I/ I I I PROPER LLINE I I I I� i r J• I r II EX. LOCK-UP STORAGE I I / I � r I I I. ` I ooe e UNIT 1 � I PIPER BOULEVARD EUP SIGN o _ LAND CONDOMINIUM X. LOCK — — — — — — El x _ -" ---- ----- --- // \\ PROPERTY LINE 7 \ -- - — — — — — — — — — — — = — — — — — — — — — = — � — — — — = — — — = =u= _ - — -PIPER BOULEVARD (PUBLIC) - ------------------------------------------------ ® GradyMinor ° °"�""" � � P.A. Bantu 9~,nWft 94194 flvll N;nglneere LandSurveyors I'f9n I,9nd9Enpe architects tum¢u en.�ae. 1199111) �meum@ndn J .....a Pnol MS�x»� L:14.9911.A;aM1 PIPER MEDICAL OFFICE BUILDING MONUMENT SIGN EXHIBIT N i o®. 11x17 SCALE: 1" = 40' SHEET I OF 8 PL3017 0146) 4216/2011 III 62015001249 1 APLES KEEP LLC 061 03-149 WADING :A LL )51062 1931 CONASSFT STREET TRUST ]95860001 4 FNIIIII 67958)51663 A EULLO. STEVEN MICHAEL 0128 A NIS11—P fi]958751169 A MKxAfl85V5AN 6)958]52815 4 ER IEROMF 679587SOSOB A R OFITZCHABLFSTRUSi N21 ISO, ANKROM, SUSAN [OEVITT LIV REV TRUST MES 6]958)530381 A 922 TONEFAM'I,IOr 500130) A 6701 ES ARMSTRONG, FREDERICK & ANNE R 6]9 5 815 90 01 aRRUDA, McNMII 64530000066 AUGHTON, WILLIAM G&VALERIEA UNG, Ull 3015OW321 Ay ESUSU2ANNE 6 BFF? IUAINRI tl311 46690000 1330006 B IR. BILLY 70E&NICKIR 63015000143 8 KIST NEI 6795B753D02BARTON,fRB UxpA 0403 B ASI S BfAN,M CHAELPOM 30.80000 BEAVPRF, LOP] l 67958752 SCE B ]3316WW9 NAMEl NAME4 SI IONNNr[ANI DRIVE 3ZNICH05 STREET 3221 BEN9[IP CT PD BOK 530 O]BOX 3NW AY .NII UNE O xG B,ED[AS EACLLE NM103 1620 CA -EL DRIVE RD BOX 504 70660U1.CKS RUN 7036 TAEPoRBAY OR N%101 - l6 CWEE55 wAVE bei4 153 WADING BIRDOP APT 104 34119 SHEARWFTEI LANE EGALO EIRCLf vpREi WAYS APTB 3309 [OW NS IN 30 H1DOEx RIVER IN 130 CYPR1s5 WAY f K 107 24)PERHAM ST 171 WADI NG BIRD CIRPPT 306 v3os l2p CYPRESS wAVUE R NAMES NAMES LEGPI A CONDOMINIUM UNIT 806 Ft 34110-0000 NAPLES ED LMPSCOTL, MA 0190 -IO34 RAIINIIAI UMI�103 ES FL 1W--1366) POINTE ACONOOMINIUM 1303 DEDHAM, mA402037- BG SPDINLE ACONDOMNIUM E-103 NAPLES, FL 34110- ONDALF CONDOMINIUM OF PALM RIVER, TIE BLDG C-1 HEWITT, NI 07921-0003 OINTF A CONDOMINIUM M-101 NAPLES, EI 3.109 -WW ER's POINTE A CONDOMINIUM A-102 BfNSALfM, PA 19030.-0000 PIPER'S POINTE A COu00MINIUM 1102 NgOIESfL 34110--0000 vPER'S PoINRgCOxoOMNUM M303 LAWRENCE. KS 6606)-1938 APER'EPOINTE A CONDOMINIUM CI05 ITASPRINGS,FL 3413 -OSD4 SH PINES A CONDOMINIUM UNIT D"117-2 NAPLESFt 34 -WW AROIDALITONGOMINIUM OF PALM RIVER, THE BLDG BJ ugpLFS, fI 369-0000 ER'S POI NTE A CONDOMINIUM N lD2 34136-0000 VIPER'S POINTE A CONDOMINIUM P 101 ARE it 34110.WW SKEEPACONOOMINIUM UNIT 901 HAPHE1160000 gCOuOOMINIUM UNN SDO 31110-9221 OEUTE A CONDOMINIUM 1101 NAPLES'4%TREE MEO UI CFNRR ACONoOMINIUM UUIT3W APLES, FI 34 0000 PIPER'S PoINTE A CONDOMINIUM V 102 FL 34 D--1220 NAPLES KEEP A CONDOMINIUM UNIT 208 MLLE, KVl40 GOOD TREE OFITERTBACT"C' UN, iN ]0695 E902 LFCONDOMINIUM OF PALM RIVER, THE BLDG F-5 PLF6 ELF3.110-9223 PLES EEPA IGIDOMINIUMUlIT101 RMINGTON, ME U 0 ER'S POINTE A CONDOMINIUM N 101 NaplE5.FL 34 PIPER'S POINTE4CONOOMNUM B-306 S.fl 34116-i 96 SPOINRACONDOMINIUMV205 NAPLES, IL 36110-1 01 HARONDALE CONDOMINIUM Of PALM EIVEA, THE BIDS a-) ER 5A DOLE RIV, NI 2 01458-202] ERS POINTE A CONDOMIMUM N1 IN E CONDOMINIUM O[ PALM RIVER, THE BLDG G 4 IO�IT SECT TW RANGE 11 M 35 103 18 201 e 203 13 48 35 CI e 01 73 75 302 4B 33 ZS E3 5 8 25 D3 9 e B4 3 dB TO d8 23 S3 B 8 IS W 13 48 102 E3 1 21 S 3 ZS 202' 13 5 ES 1 AS ME 92' 0 101 a8 3 25 MELISSAALEN 67958)52176 BFFBE DEREK BONNPK BEMLEV, ANNIFI ]50043 a 95854564 8 RD, LFONAROMIT&HUGUETR 619 A— B AB DL HOMAYOUN 50099 B JOSEPH BIOANNFI 6201 SWOBaI B 0150W541 0 NDw L.EAR&ENRFTTF 61015 729 eOILIN. STEPHEN 6)958)50445 BOOKER, SARA 6]958)53866 BOTTEBI SR,IOSEHR 62015001605 BRADLEY, IANISC 67958J534A B KAREN 63015001]41 BAZAFAMItY TRUST 73330600M0 BRIDENBfCKER, MARY IEE 6701$000389 BROOKE, MICHAEL D 50160 BRUNfnF. LISA ANN 679587512.0 B NPNAN. ENAPLfSP 6)950]50869 BUCHANAN, THERE. 171SFISI402 ..IN-. i1, PAUL SHAAIGNEL BE[N 116 CYPRESS wAYF AGo TS iAMpRIND RIDGE DR 2110 AEEtlF DRIVE x107 BERGANnNO 206 WEST ST IL09 WADtuG BIRO CIRV306 C/O AN IF HERON WELLNUES CTR 1775 ARLINGTON ST STEI 151 <rPRE53 WAY f103 UCX ST TI1 A CK ST IN MADISON DR IT,NUTAND UR 136 CYPRESS WPYEN50. 381UEBILL AVENUE :810 101 WADING BIRO CP 4101 11550 CYPRESS WAY ERA 1000 RIVER BLVD APT B2Dl v0180%425 122 CYPRESS WAV E APT CI 470115. ST NW 117 WPDING BIRD 01911E IA IN ADING BIRD CIR APT 106 THLFEN ANGSFN 38 NUGD AVE HA BUCHHOI7 TR BUCCHOII FAMILY TRUST 931143RD"" NE O 34110--1350 NAILU.FI 3111 9--2 9 15 PERU. POINTE a[ONOOMINIUM 1302 ES H. 34109--0000 PER'S pO1rvR ACONDO"INIUM w-203 Fw SALEM, MA 01355- 9)59 PER'S vOINR ACONDOMINIUM D-104 NAPlf6fL 34110-9000 VIPER'S PMNR4CONDpMINIUM V... SARASOTA, FL 34239-0000 ER S POINTE ACONDOMINIUM G-306 LES, fL 31130--1 [IFNOAS, THE 4CONOOMINIUM SLOG E3 ATIC"MA D W-3128 VIPER'S POINTEACONDOMINIUM A -IN 411P-1326 ONDONNIAM UNIT 601 lad) 1Z'%FEVA CONDUMIxIUMUNILdo3 NAPLESFL 34330-9328 NAPLES N11 EEP ACONCOMINIUM UNITSM NAP fS, iL 3.108-0000 OINK ACONOOMINIUM LlOi FL 36110-9200 'S ROIxRA CON DOMINIUM T-101 FS EL - 5 PIES KEEP A CONDDMINIVM UNIT 1008 APLES, FL 34 3118 PPA. POINTE A CONDOMINIUM O IDI M, MAIOib42-0 NAPLES NEEP A CONDOMINIUM IN 1107 Es, FL3.110--125�E5 OALECONOUMINIUMOFAPLM RIVER, THE BLDG C3 ESR - EUACOIDUMINILIM UNIT 303 sl 3. 0000 PPERES POINTE A CONDOMIIIUM A IN .A PIPE FL ��9205 PPER'S POINTE A CONOUMINIUM F-106 %. 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ANE CONDOMINIUM OF PALM "P3vU.THE BLDG e3 5 )301500135 N LRfVMICHAEL ARJORIE ANN HANLON 61893RD AVE N OTTAW4, ON CANADAS111 K 3110 8 3-16 3 9 SHARONOALF CONDOMINIUM OF vgHITlM RIVER, THE BLDG G3 15 14 H Si UIU BOURNEMUTN DR N G2 33 6201-1421 H RRDO 11, GREGGAAFL lFO U WHTF'AND RICHMUIELIFOND, AA, 02898-31435 "0 ES KFFPA CONLES KEEP A DOMINIUM UNITM 4 901 613 25 1104 48581N0005 FATTEN,KAREN I FATTENR 2]908 LANCE DR BONTA SPRINGS FL 34135-35)39 ACUNpaSTHE A CONDOMINI Um BLDG O3 ) 2,1 )950600'06 HAIL 35.1 ROBERT& TERRI 90133 NO IN NW API's, MN 55418-107d N50MI 4I0 Of PALMRIVER, THE BLDG B-5 835 BJ51610 H aT61RIIIIEVURUST 113 PALM SUM MIT CIR IOCEEgO NY 13039-8343 l PPEROI POINTE A CONDOM' NUM G IDS 6201-1964]54386 H IIAA HAROLD V HIGGINS IS ..FBI OR ASHUND.MA 01)21--1143 NAPLES KEEP A CONDOMINIUM UNIT 1210 58 LL, FA REBECCA 15 CNgMBOR00RIVE EUOON, NY 1406--0000 NUM v-103 121D 2� IS IS HO2 21 ORINKx CER !4C"AMESSWAVIVE AP1E5, FL 3410 MILE CONDOM UM OF PALM RWEP, THE BIDGDE 48580080W) N O, TIM 1SICYPR1. WAVUST UxITA.E LE5 FL 3 6110-9 3 3 6 ON ORNE FT AL. EARIEE U'NE M TH.M50N STEPHEN A CARNEVALE 141 WADING BIRD CIR APT 101 NAPIES,FL 3411- FPE'I POINTE A CONDOMMNUM G-101 Al 8)51389 PRESS WAY E APT 83 PLES, FL 34110-1259 $MARONDALE CONDOMINIUM OF PALM FIVER, UHF BLDG e3 g'3 3330088660 HOWCROFT,LRaIPHI&SUSANL AVEapr p2 NAPLES34110-1265 SHARONGALI CONDOMINIUM OF PALM RIVER, THE BLDG AS I3 33 95 1 NOWE, GfORGLW&NANCY I ATANSF EFL 303 35 C VER'BUCFI,LFl63z963 0 POINTE ESUTEOSNB LKBB GIA ixE CHR Btk B,S1)5.]eFT,5890fGW1]1.15 fT,549.51 Fi,589 DEGW313.)6ii 1 21 62015021502 HUGHES [HARLESRL 250 KIRTLANO'R NAPLES. FL 34110.-1352331 NAPLES KEEP A CONDOMINIUM UNIT 100] IOU 33 40 IS P1.2017HURD 1467 4/36/201 0/5000583 HUGHES, CHARLES &PGfE 250 NINTGxD DRIVE Fl 36110-0000 PLES KEEP A CONDOMINUM UNIT 105 605 23 15 9330130001 NULSE, $XINLEYM 2ED BAY PT NEAR511 3n103�= ERONDOALECONDOMINUM OE PALM RIVER, THE BLOGA-3 35 5!001 H FW IN. ETEfHAN 118 ADAMS ST DRAM, MA D2 -3610 INTEA CONDOMDIIUM E-106 1795353)BE I[OBAllII lANKIV& GERALDINE INCOBAZZI 6706 W FOREST VIEW LN .IL 60161606 PIPER'S POINTFRCONDOMINI.M A-303 9 61958151745 ESTHER OR 801 TA SPPN1S, L 34134-)960 PLES PCIPA CONDOM xIUM F, x280 80) 3 6 2 015 0 011 6 5 RE"GAxT DEC 38-053 843 98TH AVE u NAPLES, FL 3 -0000 2 48 53530]9 1 RVAOILA KATHLEEN I1AFFER 60 IAIRVIEW CT .IL R0134 -0000 vPEN'I POINTE A CONDOMINIUM 11011 101 9 5 LEVSR PERS 38-057 T355AGAMENTpAVE CHICAGO, IL 60655-2005 S POINTE A CON DOMINIUM V 2. 203 9 015000] IAQUOISRNOREWN NARtES, HE 3110-0000 eLESKfEPACON°OMINIUMUNrt50] 507 3 1S 015000)03 IApUITH, TIMOTHY 136 Cvvg9iwAV FAST#503 A'lFS, FI 31APLES NfF0- 28PA CONDOMINUM UNx 503 901 113 9 5 61015001306 1ANOY. EDWARD 348 CYPRESS WAV E APT] 'ARLES, FL 34111-294AVLFS %FFP ACONDOMIUUM UNx 901 23 00001 1 EDWARFULION REV TRUST C/O WILIIAMAFUITON MERDPIVF RUB.RN, NY 13031--0000 SHARONDALE CONCOMINIUM OF PALM RIVER. THE BLDG F -I F3 23 IS 15 6195352413 IOHu50N, MAPGAR9E YLTAVERNEILI OUTH 66-4142 SVOINTE ACONDOMIrvIUM N206 Oe 9 8 IS 13333360006 101111. LODUNE SUE NESUENEED. TR UST UA_ 110 CYPRESS WAY I APT F6 PES, FL 3< 953 OxOAIE [ONOOMIrvUMOFPALM PIvfP, THE BLDG vb F6 48 IN g HOMETFCH LLC 25TH SUE JONES Lf5 FL 33101-0000 ER-SPOINTEAIGNIEDMINI.—ID4 104 48 61958]54183 KALOGIROU, ANTHONY&NITG ATTSTREET .ORES NEWMARKET, ON AOA "= OINTF A CONDOMINIUMu1Os 105 e 5 62015001345 GNANI, FFTIMI&PADDED 148 CYPRESS WAYE NAPLES, FI 341°-9246 ESIEEE A COENACON CONDOMINIUM MIT 003 903 68 ]5199 KELLY, EVAC MILTOA 0986-5616 FR'SPOINTFACONOOMINIUMX30x 1C 15 3818 K TIMOTYp 1a51WAD UG BIRD CIR 6103 E5, FL134110-9219 G'S POINTE ACONoOMINIUM N�IOI 102 119 152861 K ETH I MERFICK IR FAM♦1157 MRIVG0LV0 ES.11 36110.-0000 APER'SPOINTEACOGONDED1 M305 305 41 11 66 11 4 E'RE.910006 KENEKESIP.IOXx CYPRESS WAYE R'iG R'tfi Fl 341D-1333 SH PINES A CONDOMIrvUM UNIT D-] DI 23 DE.IOAN[ OAKS WAVN103 SF134110�-9215 PVPER'S POINTE A CONDOMI NU M I No 102 5351603 x epTgICK. TOY&aMOfRIY AND AIR fIf GROVE. AR I'._41 PIPER'S POINTE A CONDOMINIUM W-1023,51 A 6 6795815160 6 NUG, IAMESE&ROBGTAA NAGOG HIIL AO ACTON, MA 0 0--3x01 OINTE A CONDOMINUM G 206 5 6 3 015 0 018.9 K NI SUE 151 CYPRESS WAYE APT2 KARL- ES KEEP CONDOMINIUM UNx 1202 3°1 FSFL 411540 N TG&CAROTI LFv1EW CLI 38-ODCO UM UxITICKS 100 35 001019 K GROUNfi NANTONFTWP, MI 480 PKEOfNT III CONDOMINIUM UNIT 7035 035 3 ]51901 N NNI 111. POOGTi OIG MRD OR APT 201 NAPS. FL 3110. 9330 Kf 11 E A CONDOMINIUM 1-301 101 23 61958)52948 NNESLEY..080748 x103 PLES, F136 0-12'. q'S PoINIFACONDOMInIUMN13 3 5 s9s3sdD9 KOEHIER.uG aaDCRAPT:D3 3110-9z.o EP's POINTE Acorv.oMlrvUm T3o3 zD3 i3 ODd6 K SR, U'A FL 3110-9288 SPANISH PINES CONDOMINIUM UNIT 2 NKA BE. B UNIT 2 25 21 6)958]51541 K 110111/110 C10IIG3 SFE 9118 OINTEACO 1N"11%N203 2.Z3 ]16 6 0 3 2 013] K 35 EYPPf55 WAVE APiF PLES, FL 3n 01283 PUESACONDOMINI UM UNx6 NKA eLOG O.UTe 9 16690000302 G ,PAULAN MIT UNION 'O 80%3848 DNADS'11 49501--0000 ENITREE CENTER TRACT" A' OR 1713 PG 1180 2 21 NDRAPI000981 U CAL]ITU RD BOY Y2ING STONE LN '1 34119 341 NAPIES KEEP A CONDOMINIUM UNIT 701 21 62EHIDODE 1 111, BUIIAR&MNL 8LAZUNEG BEIFARDWIL1E,U 0)924--252 EP' SPOINTEA[ONDOMINIUMO-206 06 11 N 6]9535231 GMPRONA,PA ERNESTI &ANGFLAM NRD GROVELANO. MA C-1 D.H.6 eIPG'S POINTE ACDNOOMINIUM M30d 304 17x0041 G AIOSENEST IPH .S FL 31116-0000 TIRONDALE CONDOMUUM OE PALM RIVER THE BLDG f S ES 40 35 UGG 485RD6W°05 LAND" A YI.E.PHB KAREN 151 CYPRESS WAY E BFI of K2P40W14100 E A CONDOMINIUM GB20eB 9 152567 LAAMORE. MARKPOBERT 1111 GE.—ABO. UZK 99 METCALFE ST NI009—AWA.ON OF SPoIxTEACON00MINIUMWl0 201 13 e 6]9589300 L HAROICB KATHLEEN LARSON 3PEACHTREE LANE COVENT 0916-4635 6)958]52605 G FNZO. MI[HELF&[IEUA 13610PIWFSi 41]x0501,0 UNADARYu902rv2 FN'S VOINTE ACONOOMINIUM Lx0d2 106 48 015000208 LGOERS BRIAN VOILES LEADERS 539 FASTNOOD 0Rw8 E1, FI 34110-0000 ELESKEEPR<ONGOMIN KI UNIT 202 102 B 5 6)958)53416 LfxAIEUP,'A.IFTTEC APLES, it 34108--0000 'S POINR A CONDO HIREM P303 2 3 5 8]54069 l RIIR,IOHE" SUSAN] 100WAD NG BIRD [IR APE ZOS NAPLES,F 31110-9 2 0 0 PIPER'S POINTE A CONOOMINIUMT305 105 2 d8 6]958]51)02 EDWIN, ROS PORN C MASONAVI CHIGGO LIL 606 360 PIPER'S eOINTE ACONCOMINUM M-103 303 9 25 ]95891185 LIVIGSTON, EDWARDM DWG BIRO CIN FS E131 O-9305 PIVEN BLVD LAND CONDOMINIUMF-]Ol 111 9 25 6195300001E LOCK -HP EVERGREEN OfVfl0'MFNi N FS LLC 80041 FPONlAGE RD THFlFLD, 11260633--0ppp PIPER BLVD ]AND CONOOMINIUMACOMMFNCIAIGG CONWMINIUM UNIT] 9 9 25 52015000428 UNG N, ROBERT PRETIP I LO ell 633 POMPANO DOVE NAPLES. FI 31110-41°0 FS KFE'ACONOOMIx1UM.NIi 305 9 60800003 l PO00%1100 KILGORE,9 ]5663--1]00 SPANISH PINES A CONDOMINIUM UNIT Od Dd AB 5 6]958]52809 LOPERL1ESttYA&IEANM 165 WADING BtPO CIRCLE UNIT 302NAPIll0 0000 5 O 202 35 395351$80 L [AMEN TRUST 113WADIxGNEDCIRCLENICI ,FL 3310--0410 PER'S KEEP A AC0uDOMINUMW 101 101 3 25 61015004183 IOU RfAL ESTATE LLC FEWENIOIABAR1 255E IG AVE x319 FL 33131--0000 NAPLES KEEPA CONOOMIN1UM UNIT 303 103 15 6958]54661 MACBETH, DOUGLAS I I PHVLLIS E POSE VIRGINIA RD DING, PA 19611 0000 PIPER SPOINTE A CONDOMINIUM41305 105 9 9 35 6]958]52381 MAIOAIR, WAITFRH&NATHLFFu 1010HN DN EW BOSTON, MI 60161-- 3 OINK R[ONOOMINIUM K-106 1i e 6]958)54361 M FTAGSESC CORP 02 COLINA Ci TI RO, FL 33938-0000 90 l 1"1"V-101 5 52015000567 M FREOE ICN&R ANNA 5 138 CYPRESS WAY FAST#490 NAPIER, FL 34110-00°0 041 PIA' LES KOEEPACONDOM1uIVM UNx 606 23 48 2 5384 M CHIONNf RFRANK OS SONAVE EN STAND, NY 1031- PER'S POINTE A CONDOMINIUM W 105 25 14 1111 MARCUS, BRAD&SHELLEv e9 UPEN DRIVE NAPIEi. FL 3d 03-L041 -0 SPANISH PINESA[ONOOMINIUM UNIT BLOGBUNIi3 2303 IS 9 0 15 6]958]533 NOR APFTgAK05 TRUST 65P4 MILLCRFEK Btv0 vDUNGSTOWN`OH 4 13310) SVOINTEACON00M1NUM U-301 3 6201500 1]86 M KINS 1Fv mU5T 31295 HAMMOnO GKE AD EST 4�-0000 R'Lf$ KEEP ACOnDOM1rvIUMUG 3201 3301 d8 8751728 MARSEL pN &'AVG LISTCLANAGE OTTAWA, ON PIPF.11 POINR A GOND—FIDNA M-304 104 23 35 21 9564100009 OLA, GEORGE& MARILYN 341 CYPRESS WAYE BG)HAPHES31110 .D00 13 67%891088 MACAPTY,xOHN D&MARY l0. SS STRAWBERRY LN SCIT TUA`Mq 10 2 066-3 616 PIPER ACONDOMINUM f3011 106 35 893086 M MI&COLOBES N P B MICHAEL I MC CART] 19119 WEITHIOIT MI 3150 x03 G'SPOINTEACONOOMIN EM O-102 202 9 25 ]958)5369 MC R1i YYTR.IOTT01&MARYK MC WETY IN UST UTD 231-3 145 WADING BIRD OR APT 101 APLEl FL 33109x19 eOINTAEC CONDOMINIUM I"1 018 13 21 25 6201500900 MCDANIEL STUART S& LINDA TILE CHESTNUTINNE LYNDHURST,VA 22951--0DOG KEEP ONOOMINUM UNIT 1100 13 560000 M fpglAu0, EPA I KELLY LEAN 116N[VPRESS wAYEIIGI SFL 31110-1251 ARONDAIE CONDOMINIUM OF PALM RIVER. THE BLOC G-3 113 35 ]958]51409 M ESE&VIKTORUA LBLvO F1REYEF0RIOu, MI Oe161--0000 RPERI POINTE A CONDOMINIUM M10d 35 TILA— 1INIUM-04 '0' 6195 7S3921 MCMANUE,THOMASP&THERESA BGGu1N .RIGH APLESFL 314,x13-'1506 NAPLES KEFSEEP A CONDODMINIUNA UNIT 308 9 i5 GYON, .0-01158 2uuEV MCNAUGMON 136 CYPRESS WAY FAPT 0MEN - 25 3953515ZS MCNUItt, DANIELL HN=&ANNE MCNULtt 141WADI GCBIRDCPAPT 301 APlfS. iL 31100 PIPER'S POIxTEACONDOMINIUM 1303 13 e 6)958]5934 M OHNB ANNE WESTPDXBUPv.1MA9011 - 'S POINTE A CONDOMINIUM F 105 15 RPIO FL 331]5-708613 NAPLES KEG4CONOOMINI.M UNIT d0] nB 3 21 1810 1 581100000 M ASUGNLE OS 153 CYPRESS WAYEE APT E103 NAPLES, fL 31110-1218 110E21 DIANA AMEUNA eGIMRDSTNEFTp201 GAITHEPSBURG, MD1203]-000062015M 1647 M vLFi KFEPTA CONDOM NMUM UNxL11033 58)50586 MCTHAEKIAKYTNUST SOTTILE KIRK TRUST 33 DfMAPFSLRVE FI,W 07669 306 PIPER'S POINTFA[ONCOMINIUM L208 Z03 5 6]958]5901 MIGAG, ALFxgNORfF&LGNM 3]13 DEXOOP FOIOWERLMOUND, T% 75032 -TROD SVO1uiEA CO NDOMUUM N�lO2 9 6195351965 M IORIRM 33 WILLISTON RD SAGANICH BCH, MA 02561-2804 'I RD— A CONDOMINIUM 1306 W23 35 61958]50681 M RIGEDR EASLEV, SC 29412-8209 PEP'S PoINTf A CONDOMINIUM 0 102 a8 3 53268 M pvFTTE AA& 153 WADIxG BIRO CIRpI-206 34116-9111 PIPER'S POINTE A CONDOMINIUM I-101 201 13 6x01500139 MILLER, PATRCIAM NE GNf ES. FL 31109--0000 NAPLES KEEP A CONDOMINIUM UNx8.5 9 ZS MILLER, GTR CI AVEAPTI NAPLES , FL 34 6-1205 S IDIP A roNDOMINIUM UNx301 3.1 I3 ]0050 317 1363 M 1LLC 28/00000 GRES OR 11 --4512 PFNFS'OIrvTE ACOxDOMINWM F�306 O5 48 01541103 MINDED, SUZAxNE 31105_ AP LES KEEP A CONDOMINIUM UNIT 106 106 48 0/5001689 M MAMSAEILEEN ISdCVP... WRY E APT APLES FL R6110�9291 NAPLES KEEP4CONCOMINI.MUNx 1101 1104 5 330030000E MttHEII L3568 sKILBOURN AVE 6 ALSIP, IL W 3-3159 NHRNONOWE CONDOM I xIUM OF PALM RIVER. THE OLD. AS p5 9 2 0150009°) MONAH4NMICHAEMAD1E1 6795 HUNTERS RD NAPLES. 109 053] ARfi KEFPPCONDOMINIUM -01x605 605 35 18581380000 MONTCGIPE LEDPARING ' 368 STATER STREET SUITE 300 WA, OH DA 184501 HACIENDAS, THEA CONOOMIuI UM BLDG OA 9 ZS 48500860001 MONTCLAIRE LTD PPTNSHVSH 100-3685GrER STREET OnAWA, ON NADAFK HACIENDAS, THE A[ONOOMINUM BLDG C'S 9 9 53883 M OY, BAPBARAA lCI WADING BIRO CIRClF P101 FEES., 86110--00 0 0 RSPOINTEACONOOMINIUM T-102 03 e 0150416/8 MORE TR 3AME51 AMFSR MOONS REV TRUST IRNETM MOOaE TR IANETM MOOPE REV TRUST ]746 BRISTOL PARK DR Y AER, 16049-8519 NAPLES KEEPFE E,ACONDOMINIUMUNIT419 '2" 68 63035000305 MOSS, GURNI I3x iV%If$$ WAY GST 820) NAELAND 34ISUN POINTL ONDOMUIUMUN 2GE 23 9 25 61958)53)3 MOSS, PETER HOWARD&aEYE NEW BASINGSTOKE MPSHIRE FGGND PG 5 FS POUTEACONDOMIxIUM 8301 1i e 6]9589910 M rIA&A%EL GNILIGREEq$TN3 HAMB.RG GERMANY 322085 UA RS PoINTE A COGOMINI.M%302 9 25 5015 060] M.FL1G` HANS ULeICH EDGE MERICP COHAUS RICH 33 STADTIOHN NY 6303 IP ER'SPoINTEACONDOMINIUM0301 112 �1 a8 48581320009 MUIR, BARBARA CYPRESS WAV EAPT E101 NAPfS, PL 31110-1248 HACIENDAS THE A CONDOMINIUM BLDG E-1 d8 133302— M Dv,CAPOIa APLES iL 31105--1258 SHAIONDALECOu00mINUMOFPALMUVER,FNEBLDGB-1 48 1-2 R:AW, CAROL LLENAPLES, FL 34116 1258 HARONDALECONDOMINIHNIGIMLMRrvER,THEOLDG C3 6958] 54399 MURIEL,WCION&GRMFx 1ADG BIRD CIRCLE FROM LES FL 34110 -0041 PIPERS POINTFA[ONDOMINIUMU304 002 23 i5 6-975— HY. MARY BfiX&IOHNW OAKS WAY 1203 NAPLES, FL 3110:-4141 R'S POINTE A CONDOMINIUM P-202 9 ae 9 620150D 1949 MVGi, BRADLEYA 33D1 [MON LN NAPLES HE 36120-0000 NAPLES KEEP ACONDOMIFUR. UNIT -1 1209 23 25 0 0 0 • • 154562, ./26110 2346 x SSKI OTO& RpSUVASG41 EN4NGBPO GLI IT OAK UNE 1119-000011: 'S 111 INTE A CONDOM I NIUM "I I'S s79se>sleel xagoorcK, rvgxcrlq 'S we aA nos L 3 eTE=cprvppMlrvluM raW 3 a 2sz11a NESHEIWAi ROA wEH1MsoN rnv6uuE AP MDEaxO AVE Al; IF xv uE3reitv10o9oeza opoD �vERS PpNTEAmuooMlxluM E-1o6 1.6 23 19 zs 6]958 =11I WA, IRA NC 10]OWCENTURYDAN STE 101 CONDOMINIUM II 6295875126. x eMls PIR'S POINT'PONTE A 11 DUN 1211 1s 1868 N NOU1, GARY W&MARIE NN BIRD CIA APT 105 CNEIw SO-134aWe 15 P�p 529908CBW02 NYK SEPATRCIA LBRAIOT ST bi NOPWALKL CT 20�6855�LOW ]NTE=CON OMINIUMV,EOt 5 O YPREISRSPWAYf APT 8304 APTS, '1CONDOMINIUM BLDG Bd 3 25 35300WOZ1 OAKTREERSOBFgFTROAMIIV LIMBED Si puEENS AW BONITA SPgINGS, IL _12: 3131-3802 MED CAL CFNRq A[ONDOMINIUM UNR 100 a1 ]3350'10005 O B.RUSi lvNl HN DBRIEN PATRICE OEANN 06RIEN 21325 RUM RIVER ORII NI =NOXI MN 55303-8999 E COxOpMINUM OF PALM RIVER, THE BLW 03 B3 50516 O RNICK, NY 11566- ACON-111 MGI. 6]9587500.] OLSENII�M=RVEEE N 17 WADING BIRD CIA X102 NAP361106-L000 o POINTE 6]958]SZ>86 OlUF5, 5TEPNAME 165 WADING BIROCIR APr2O1 APLES. iL 31 0-9206 S PoNTE A CONAT DOMINIUM M6321 8)50380 ONES`ED"'A E`Cv GIOVAINA TE STE ONES] III 0ALUNTVNEN MONTREAL, QC AIR'S PeNFEACONeOMINNM8305 67958750762 DID TD, LOUIS C& gOGEIWM 2WOOLSIYAIF N4oA H.K IC2 1542 ­809'6 PONTEACONDOMINIUM p�IW )3 2015054388 O 4NFK, SNgAONA .&DIANE PAFifIE 3163 CHAMBERLAIN HILL AO MIDDLETTOW I IMS1 U0 A CONDOMINIUM UNIT9051. PONALNxEFT wqr Ei, NI. 0 IES PoENTE ACONOOMINIUM Ui03 )4660320113 PALEA YCeiMATTHE 105 CYPRESS WAVE APT G NEWMNAPLESAP 857- ACONOOM1NI NP>NKa BLDG BUNR7 e 6]95825316] PALKOVIICMLOOIDA TRUsi SEN-33 SLOVAKIA]8a -513] P== A CONDOMINIUM O-106 49 270 160001 PAPA[HPISTOS, COSTAS&MARVA p eA=nSUvq fARF, NN 03281--5316 =NISH IN"" NFSA CONDOMINIUM VNIi AO Al 085IIS60320001 PA0RXg5ENNOAL MRNIgFNNES 131 [vpRE55WAYEpH FL 34110--1251 Sx PINESACONOOMINIUM UxR Ae 15 80400002 PDI EKENNNTNIAA THE A TE A CONDOMINIUM BLDG B3 NAPLES z5 P ASON, ETNA WNNpEG, MeNAPOgil 236110-1250 FNM ONDOMIxNM B-103 15 27958)500336 ULUSiuE AN PETE' TRUST [YPPF55 waY sT MGI NAZI.1110-0000 HgRONOANE COICOMINIUM OP PALMRIVEP, THE BLOCG1 111 PETER JXUIRNI HILL 1350 DIMOCKU APLES, fI 3614 LW0 E A<ONDOMI NIUM D IW 6155B06AW> PERPENFDAP RATNEgSHIp ;ND IA aLBLVO NE 'S p01xTF A CONDOMINIUM W10. STEVE 140E IB T. AVE SW NAPLES . F1 3a 6-0000 E A CONDOMINIUM SLOG Be 6101500013> P NI AS' G PETERS REV UV TRUST 1002. I RVING El 711 IIST III A LIVONIA, MI a NAPLES KEEPACONDpMIrvIUM UNIT 106 PEES, IL 31NAPLES KEEP A CONDOMINIUM UNIT 601 604 Is 4A �11 9582527/4 P MARK&LINDA PPOSPE[T ST 02 121 NIIAIIIDOMINIUMM10s 8)53800 G 13721 P TONE IR, LOUIS IBS GISKD OA%SWAVAle6 NAPLES, 11 3..110-0000 EA'S POINTE A CON DOM I NI UM R-z04 Is 23 a0 6]95 .N EONS ONSIPA PAUL `1ANT E 185 GRAND OA%SW=Y X106R PPERs POINTE A CONDOMINIUM R-106 3 i5 01958]53040 P x ( -0.1 ON =IN ST SUITF9 RSTOwN, P=019001-00W 'S RD All gCONDOMIx1UM8206 23 ZS 5/251308 PNECN,ApU1lf5D GLOAEAG AG IgRF WADING BIRO CIR pF13 OqE 34116-9205 PEA'S PONT'4CONDOMINIUM f-101 4.21 9 WWII P CPOSSING 1202 LLC SOI GOODLERE ROAD NOATH UNIT KD 100 NAPLES, EI 3.1DI'l 00 Pos51NG A COMMERCIAL CONDOMINIUM100-A 100A DIB 1IDISFNG LLC 7600pIEAEEE PD NAPLES. EL 3. 1.46 PIPER'S CROSSING A COM MFRCIAI CONDOMINIUM X300 304 6790a0W144 IE PIHE ;C0�5R5) 11102 LLC 0]G Tif II AX4100 OER'S[ROSSINGACOMMEPCUL CONDOMIxIUM 100-G 29NG 0920002 P 16HRISIRIE GAIANTE ANHD OAKS AY NZ04 114 CYPRESS NAPLES, FL 3130--�903� 'S POINTE=CONOOMINIUM x-20. 213 IS ]CSNYSTA DOGWOOD AYEXOS PLES, FL 31110 DALE CONDOMINIUM Of PALM RIVER, THE BLDG 15 DS 62950]50306 11 P NILIf, KI 10356- KPONIFACONDeMINNM 0103 111 2,3 RNEIL FOPEST VIEW NIN IC INN NI BK SVI756-217 PIPER'S POINTE A CONDOMINIUM 4201 a 25 8569990020 CU A NAPLESUC 6091SPOINTFBLVO 18GARTH MA1owvN POWYS 1ORFEMVERSF133919-0899] DER SUBDIVISION PARCEL QIP .0 5 0461 DUIR%IA, MAUAI I AUREEN QUIRK REVOCABLE TRUST IW9CAMELOF CIRCLE NAPLES, FL 3x119 -D000 E ACONOOMINIUM Llo3 11 62958]50302 RAAIEEtn CAROIP 112 WADING BIRO CIA APT iOl FL 311]0.-1119 PIPER'S POINTE ACONDOMINIUMp20 E3 25 e7sozw RA uc 3039 Eu¢E WAY ES 1 13 zs NAPLES. Ft 3.u9.-1603 ILMI A CONDOMINIUM 4102 01 OGW121 OEAGAN II[ SILVER FO%DR APLES, FL 3a -_8515 OAK tR EMEDK=L CENTER=roNOOMINIUM UNIT 600 106 233308BWOB NRAGUI, MOUNIA PASSI 1EAITDI A'A124..E SHAAONDALF CONDOMIxNM OF PALM IWIR, THE BLDG DJ 67958253820 RE WITIASI LLC 61 BAY SHE-DR LEWES, •OF 19958-13]0 PER'S POINTCoAN"`OMINIUM A-lOs 5823522 ICH fR, WILfgIfD DORISARILHTEA 19 BUSH Si BERGENHELp, NIN P PIPER S p01NTFACONWMINIUM V30a 660360006 RINGIfV, LISA MAPLE 161 CYPPESS WAVE AVIA X[I 34116-11612012 SPANISH PINES A CONOOMINI UM UNIT G3 20. e 1010009 RIVFAA, LORR=IxE CYPRESS WAVE UNIT fl OLfS. 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W 18 35 61545WI061 SA%iON. BRADEfr SS W=Y':'W s ES C'. HSH All 102 NAPLES, FL NAPLES, FL 4-WW PL KEE p 223 NAPLES KEEP A CONDOMINIUM UNO IW 25 Ii2958pi5W1141 5(HMDT, IOHN WE& LOUISE M WAYNE, Pp '6]10_9616 Eq'S POINTFA<Ow00MINIUMT204 10. 18 35 6)915250788 'CHU"'R`IAN ARTEN1 21224 R05ENGARTfN ECKEL M=Nr 082 ♦ PIPEP'S POINTE AA CONDOMINIUM D�201 00 15 0 _25CHRESES80 EV iRVIL pgClF APLES, FI 341W S KEEP A CONDOMINIUM UNIT1106 13 25 SCOTT, LA M E S &CNFAvIF WNERSGAOVF, L 60516-1522 RS pACOAUCVG:A UM UNIT 501 66]6 62958751154 SAOGNf,MICHELLEL 105 NAPLES,fL 3.110-9204 FAYPOIITE A CONDOMINUM F305 105 63 S8O0p7.5 ALTO, MICHAEL WF NIMANNS BLVD NAPLES KEEP A CONDOMINIUM UNIT 505 23 4B 35 3661 SHAH fANNf MARC IATIgPANZERA 393 SHARWOOO DR MLfS. Rt 3.1165)25 R'S INTEACON08MINIUM q-103T.1 21 11 -SCRIN60 SILVAA, MIGVE III BOKRANO MADISON DP FL 3.110-0000 APLES MOF EPA [ONDOMIMUM UNIT IO) 1921 5 DEI= ATNAUfa BOKRANI 321 lAAELSON DR AS 5 4110-o0W Pq LDNDOMINIDM UxR 1208 6795075030 51QUEIAA ETAL, PABLO A DE 133 WADIxGBIROCIR APT 103 PLES, FL 3411D -9201 TE A CONDOMINIUM I-103 103 DIB 62958153302 SLATER, INGINIAM THOMPICH 19W FORT STREET APT PEPS POIN LITIBI iAPLEON, M3 11 P 3 25 000001 GAPEr&fgANTISEK 131 ESS WAY XFJ PLES PL 4130. j00D0E3 SnARONDAIf LONOOM NIUM Die PALM EVER, THE BLDG EJ E1 3 48 i5 111 23 4 BODI.HM EPIRPZ GEO NenINGXAM Dq FL 311W-DOW NAPLES M", AS ceNOOMINIUM UNR1212 13 15 6201500022. 5 &PATFICIAM ORGE& SUSAN M SMIUNICH PO BOX IN LES RUFFALO. NY 1.205-OIOp MINIUM UNIT 103 3032 13 48 48 21 61. CRED A, 5 PISTOPHEA&MAUREEN 3543HNEC SMNH 1075HIPE CT AMORE RL 32773 ­B000 LESKEEPACONDOMIxIUMUNIT1Wz tD01 48 11 5)059000363 5 gISLOPnER1 MAUREENi FL 3i 73--0000 NAPLES KFEPAC0 COMINIUMUNIT301 3989 SMRH,ROSERT-)p&' NCE51 117 NIGNLAND AVE FORD,PIPERS POINTE A CONDOMINIUM i�3p1 6 009 SMITH. Vq ERNgIIAOATIICIA 241 CYPRESSWAYE ACI gPLES.DDLEFRW3 _ 712 SPANISH PINfSACONDOMINIUM UNIT CJ 63015WIW6 CHERITN'REDG EVRE 152 CYPRESS WAY E AT NAPLES,IL SO 20000 1115 KEEP A CONDOMINIUM UNIT 1202 23 5 752500 SNA I1NT Al ISO EPDX12$ NAPLES, FL 34119-20000 ES KEEP ACONDOMINIUMUxR607 1j 5 SOROCx NIII ELEANOR 49 SNYDER. SANDRA I GOWAPNG FINOLEY, OH .5 .0-WW PIPER'S POINTE A COwDOMINIUM 1105 11 7950251923 119 WADING BIRO CIR APi 2031 33 5 LAND MGMF PD BOK 21680 WE3416- 14112 1 NO 202 13 25 4 5825120 SPITE'ANJUTH THE WATER MGM Vlef 135NOAH RD NORTH SEL NST SVICX, N123W90-1321 SPONT ACONDOMMNNMU.IW 23 8 25 3222 STAN 1111LOCHRfITAN D PATRICIA "IN SIAN5NEID 3 PORT ROYAL CRESCENT Si CATHERINES, ON CANADA U EA POINTE A CONDOMINIUM O-203 6]958)53329 5 MIRIAM 127541=05 UNE PIPE 23 DIA 5 N K1 PIPEP'S POINRACeN00MIxNM P-102 203 z3 15 1305 SFPHENS, HOLIvi W DING BIRD qR APT 103 APLESNFI 3a11669105�00 SPOINTEACONpOMINIUM i�iO3 1012 3 31660080W2 SifPMxS. FHOM45D&RICKVM 9682SWROYAL POINCHIAOR SiARLES, SUCH, FI 34981-0OW SPANISH PINFSACONDOMINIUM UNITE o8 )958]523.2 S ADI s, ANeSTACIA 132 WAD BIRD CIRCLE PiDS roRr 1110-0000 PER'S PONRACONDpMINNME-305 i3 50629 SFR6 AOI5, THOMAS& DIMITRA I0365NOPEll BlDIOPD. NS CANADAR01A 215 POINTE A CONDOMINIUM W-III 105 e 21 6u015WI083 STONEIOSUA MONBIIOUSTRAS5EIS WIFZfRLAND 3WNAPLES KEEP PFPSP ACONDOMINIUM UNIT 3306 1$06 23 <0 5 sWIW> 5 1 IDGECOUHTRVCLUB COMM UNITY ASSOC INC 21W WINDING OAKS WAY BERN FL 3.1W-3023 SOI III UNIT ONE GC IgACT51-11 Lf55 STONE BRIDGE UNIT ROUR LESS ORDER.1.'IN, 003508 DESCN OR 3697 15 3545W0046 5 I GORpeN REV TRUST 515 COBBLE CREEK CT APT 203 4110-1390 ES XFFPACONOOMNIUM UNR 103 1i 121=11: 5 NNFO NRE&Oe BS UMF WNDeVFNUE 34110-DOW KEEP A CONDOMINIUM UNT 60l 15 OTHYG OODD CHIVR NAPLES, )L 13 ZS s, PHESIe R 52 NAP PIE, R`Oe - sn PN'sa CONAC.N11U1 uxrte BLW BUNIie 6795887750348 SIEMPAUCH DAVID I EDWINAAM55ZEMPPUCHTn 121 WADING BIRD CIRCLE X]54 NAPLES, 3110 WW PIPEHI'S POINTE A CONDOMINIUM 8 2D3 BK Z03 13 .e 25 F1.21170OD146 SAIG 4,2620]) 61950)50]66 $ZfMPRDCN, opN01BFOWINAM DIxG 0IR0 CIPX Bi0t vLES, Ft 34130-1250 ER'S POINTEa CONOOMINIUM 8101 ] 13 B 3 6]950]53261 T FLT, HFATHERRBRANDALLH %961 RANGELEY. ME 049]0-OOW POINTE A CONDOMINIUM 0305 205 23 48 6)95.]55113 TAX 1111 STRATEGIES LL[ 65911VI964 oAPT 403 ,FL 34108-]265 R�SPDINR A CONDOMINIUM F-101 101 9 11 fi3015001508 TEGG. TRAGIC OAWNMLOUTH LV 1650 BLOSSOM PD ROCHESTER, xv 11616-3 311 NAPLES KEEP ACONDOMINIUM UNIT 10p3 i WLK4A MISSIOx OP PLES, it 34109-]343 P 'N'206 Al 3 4. 3 UERv,GAFTANA CYPRESS WAY E APT Al APLES, FL 34t1b-1365 3R SHAROxpAtE CONDOPIPER S POINTE A MINIUM Of PALM PAtM RIVER, THE &IDG AI 3 HIGH TOWNSHIP. MI 1 -3939 NAPLES KEEP A CONDOMINIUM UNIT 1001 1001 15 7311='.015 0 010 6 9 THOMAS R& NA L KIRSCH TRUST 164]5 DAWN OP HAZES � 31110-9230 00 PIPE A'S POINTE A CONOOMINIUM I-103 103 33 B 71 2B TH._S.IOSHUAP leg WADIxG BIRD CIA 1.103 OICOMINIVM BLDG D 6 6 d8 0/200006 T MPSON, IOADANA ROCK ROAD KOU1 BLC21R002 E'SP1H 11ACONDOMINIUMD-106 2� 48 5 750885 T AV FLORIDA iPUSt 61NICKA 338 FSREP R 1 3 e8 15 5118] TOS CPRL [OSEx SPNDR4 7051 149 WADING BIRD CAR APT 101 PL ,FLU 34110::9110 FR'S POINR ACONDOMINIUM A191 l3 ]01500186] TAUSI N0152CW5 193]SAN PA CT APLES, FL 3109 0000 NAPLES KFEPACONDOMINIUNA UNO 1205 1505 3 35 48581000002 tURR05, CONCHrtA EDMfE VISBAL vERONICa CARUSO FMIND NRA05IP 151 [vvAE55 WAY 0101 NAPLES, FL 34110- HA<IENOAS,TNEACON00MIUIUM BOD O-1 1 33 0 15 T3331200p05 V 110 CvvRE55 WAY APT Fe 34110-1353 9HARONOaLE CON DOMINIUM OF PALM RNFR, THE BLDG 14 33 ]3330160005 VAN GARY KBANGFLIUO vE APT 01 NAPLES, FL 34110-125] HAPONDALE CONDOMINIUM OF PALM RIVER, THE 110601 13 48 ZS 61958)5036) v OAVIDWBIfANt STERLING, MA DISW-2125 PIPERS POINTE PCONOOMINIUM 0105 IT 23 8 26 6]950]50111 V SONYOEP, KATHfPINFK 51 WADING BIRD CIA APT 104 NA ES, FL 3d136-1350 ONOOMINIUM.Ip121 5001310 VNON""=ELIAR% 18610AKF5 Blv0 APLES. FL 34119-0000 APLRESPEEP A CONDOMINIUM UNIT 902 Cl 2B 33 48 0720003 WADE, MARY LOVISE ]HIGH OPIOGE Ro SANov HOOK, CT 06482-1665 APOIGALE CONDOMINIUM 0I PALM RNFR, THE BLDGCS 103 3 40 15 015001663 WARNER, ELL15ON V TIMOTHY NASH 154 CYPRESS WAYE UNIT 1103 NAPLES, FL 34 -0000 avlES KFEV ACDNDOMINIUM UNIT 1103 3 40 6)958]50513 wEAR.OEBORAHD FORT,11A 0264)-0812 AIPER'S POINTEA<ONDOMINIUM L701 101 1 9 15 6]958]50966 WEBER, C_ N %1A 00TARELLI ]2 NORTHROP PD DGF. CT O55-1]19 OI NTE A CONDOMINIUM f�104 101 13 6 15 SRT51664 W 35351 MUER [V OxGTON HILLS, DI AR131-1026 S- TI ACOu00MINIUM H-103 3 13 6]39]50613 WEGMAN, IAMESOBMEPCE0E51 303131575. CV PIES, FL 3411]-0000 ER'S POINTE A CONDOMINIUM C IGS 30 21 1 48 35 6)956]53]69 WEIRSROBFRTS PPTRICI4GERRItt ONE AVENUE WEST ]SLIP, NV 11295-00W PIPER'S POINTEACONDOMINIUM R202 103 6]958)50063 WELLS: STFVENW 415 CHURCH ST X3115 19-0000 R'S POIurt ACONDOMINIUM A 103 103 25 6850U360UO3 W L,POBIW YPRE9SWAYEXB1 TN 3]3 PA0ENOAS. THE A CONDOMINIUM BLDG 01 )4660760001 W CYPRE$$WAYFAPTC ES,FL 14110. 939. SPANISH PINES A CDNDOMINIUM UNO D-3 C 9 5 ]956]52119 W BLORFFp S150HI1111 WOOD OR PtF3, PL 3419--0000 FR'S POINTEACONOOMINIUM [-101 6 6)95 0)53101 W IS)WAOING BIRO CIR 1206 APLES, FL 34110-9216 PIPER'S POI NTE A CONDOMINIUM O206 13 48 i 6)958]5338. WILSON, ASHLEYYNA 15]WADING BIRO CIRCLE IN -205 APLES, FL 731110-0 0 0 0 PIPER'S POINTE A[ONOOMINIUM C-205 105 9 15 ]53045 W SCHEYTR,TNOMASE lOSFPHINEV WITSCHfvTR iHOMASf WIiSCHfVLry TRUST IOSEPHINE P WITSCHIY UV TRUST 501 HERON BAY —WORTH, 41281-0346 R'S v01NTEACOupOMINIUMIl0i 3 23 25 ]95915241] WOtf, STEVEN 334 MYRTLE AVE ST ISuv, NY 11,95-- 3795--0000 FR'S v01NLF ACONODMINIUM E1pl `D) 33 a8 5 31/00005 _11, STET 1. BPIG1ITE 334KESFYETU 33 TECKNAN SWIT111LAND a493 HARONDALE CONDOMINIUM Of PALM RIVER, TxF AL. FI 23 48 3 6)958]54415 W RITZ&DEBRA WR421Dt0 531WMAPBLE ST CU LU—N 5 5 811-41 311 PIPER'S POINTE A CONDOMINIUM VDIS 105 ]3 18 6]950]50811 W EVEN' 'INS RIDGE BLVD MLLE, l 4 6420 PI PERPER'SPOINTEACONDOMINIUM1203 206 15 50]51085 Z TBEtOA BIRD CAR AT 206 111— NY 396-1700 PIPER OINTE4CONOLMINIUM UIOG L06 S3 18 25 61958711193 ZU9IUCR, WIIIIAM C& ENIS1E S3 wATERMILL WAY ,NY 11961-1]72 'S POINTE ACONoOMINIUM a-306 i3 0 0 0 SIGN POSTING. INSTRUCTIONS • (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of .fifteen (15) calendar days in advance of the fust public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or. the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE. OF FLORIDA COUNTY OF COLLIER • BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpenhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER SV-PL20170001467 - Piper Blvd Medical Office r Q. Grady Minor and Associates, P.A. 3800 Via Del Rey F APPL T OR AGENT STREET OR P.O. BOX v Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 25th day of Aupust , 2017, by Sharon Umpenhour , personally known to me or wbo produced and who did not take an oath. SFRY RU �° ; • ; JOANNE DANES * * My COMMISSION t FF 090824 EXPIRES: March 14, 2018 ��Portl � BardsdbryBudget NoteryServices • My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 r Signa of Notary ublic Joanne Janes Printed Name of Notary Public (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) •A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or. the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER •BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpezlhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER SV-PL20170001467 - Piper Blvd Medical Office Q. Grady Minor and Associates, P.A. 3800 Via Del Rey allF A ­PP L OR YAG STREET OR P.O. BOX Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 25th day of Au ust , Z017, by Sharon Umpenhour , personally known to me or WaProduced 29 i'leatif li MW�I and who 4iWdjd.gl take an oath. W ; A:; JOANNE JAMES * * MY COMMISSION l FF 0906'10 EXPIRES; Maich 14, 2018 �''�orn.�� Bond�dllrvBudpetNoaryServkes My Commission Expires: (Stamp with serial number) Rev. 31.4I2015 Joanne Janes Printed Name of Notary Public ,4N PUBLIC HEARING REQUESTING' A SIGN VARIANCE PETITION#: SV•PL20170001467 HEARD BY THE COLLIER COUNTY HEARING EXAMINER (NIX) PETITION N0. SV -P120170001467 - EQUITY PIPER NAPLES, LLC REQUESTS A SIGN VARIANCE FROM LUC SECTION 5,06,04,FIT TO ALLOW A SIGN SEPARATION OF 240 FEET BETWEEN TWO POLE OR GROUND SIGNS INSTEAD OF 1000 FEET ON A SINGLE PARCEL. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF PIPER BOULEVARD AND CYPRESS WAY EAST IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. HEA DATE: SEPT. 141h, 2017 • 9:00 AM CONTACT: NAY DESELEM, AICP, PRINCIPAL PLANNER PHONE 123912522586 XAYDESELEM@COLLIERGOVNET LOCATION: HEARING EXAMINER'S MEETING ROOM, GROWTH MANAGEMENT BUILDING 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA 34104 a r> i f L,M �s`k 104 C1 C, j Coi 76Y County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT PLANNING & ZONING DIVISION DATE: SEPTEMBER 14, 2017 SUBJECT: BD-PL20170000541, BAUTSCH BOAT DOCK PROPERTY OWNER/AGENT: Owner: Bautsch Family Trust 297 3rd Street Bonita Springs, FL 34134 REQUESTED ACTION: AGENDA ITEM 3-D Agent: Orick Marine Construction 1035 Collier Center Way, Suite 1 Naples, FL 34110 The petitioner seeks approval to allow construction of a boat dock facility, including a boathouse that protrudes 34.46 feet over the permitted maximum protrusion of 20 feet, for a total of 56.46 feet. GEOGRAPHIC LOCATION: The subject site is located at 297 Third Street and is further described as Little Hickory Shores Replat of Unit No. 3, Block F, Lot 9. The folio number is 56000360008 (please see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting approval to construct a boat dock facility whichprposes a dock and boathouse, which extends 34.46 feet beyond the maximum 20 -foot protrusion . BD-PL20170000541 Page 1 of 8 297 3rtl Street; Bonita Springs September 14, 2017 HEX PROJECT LOCATION BONITABEACH RD rc 0 n `v a c m Location Map SITE LOCATION PUD Petition Number: PL20170000541 RSF-4 Zoning Map PUD SURROUNDING LAND USE & ZONING, SUBJECT PARCEL: Single family house with an existing dock, zoned RSF-4 SURROUNDING: North: 3rd Street West ROW and a single family house with a dock, protrudinginto Snook Bay, across which are single-family homes zoned RSF4 East: A single family house, zoned RSF-4; and Little Hickory Bay South: Little Hickory Bay West: A single family house with a boat dock, zoned RSF4 Aerial ofsubjw property ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(I1) of the Land Development Code (LDC), Manatee Protection, is applicable to multi -slip docking facilities with 10 or more slips. The proposed boathouse consists of one boat slip and is therefore not subject to the provisions of this section of the LDC. A submerged resources survey did not indicate any seagrasses. BD-PL20170000541 Page 3 of 8 297 3" Street; Bonita Springs September 14, 2017 HEX 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 order for the HEX to approve this request, it must find that under LDC 3.03.06.H, at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and 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.) Criterion met. The proposed single dock facility is deemed appropriate in relation to the approximately 225 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 applicant, the average water depth at mean low tide is less than 3 feet, insufficient to moor the applicant's vessel. 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. The subject portion of Little Hickory Bay measures between 260 and 675 feet across. The proposed dock facility protrudes 56.46 feet, less than 25 percent (22%) of the narrowest portion of the water body. 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. The dock is proposed to protrude 22 percent of the canal, leaving over 200 feet of the canal as navigable. There will be no additional impact to navigation. BD-PL20170000541 Page 4 of 8 297 P Street; Bonita Springs September 14, 2017 HEX 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. The dock is proposed to maintain 15 -foot setbacks from the riparian lines, allowing navigation of adjacent docked boats. 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 water frontage abuts Little Hickory Bay with a seawall and mangroves. 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. This petition is provides a slip for a single vessel. This provides reasonable, safe access without excessive deck area. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The dock is proposed to moor a 30 -vessel, less than 50 -percent of the 225 - foot linear shoreline. No additional dock area is proposed. 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 view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(1) of the LDC must be demonstrated.) Criterion met. The Submerged Resources Survey indicates no seagrass beds within 200 feet; therefore, there will be no impact to seagrass beds. BD-PL20170000541 Page 5 of 8 297 3`d Street; Bonita Springs September 14, 2017 HEX 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 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 five of the remaining five secondary criteria. Standards for boathouses (LDC Section 5.03.06.F). Boathouses, including any roofed structure built on a dock, shall be reviewed by the Hearing Examiner according to the following criteria, all of which must be met in order for the Hearing Examiner to approve the request: 1. Minimum side setback requirement: 15 feet. Side setbacks are met. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Maximum protrusion into the 260 -foot waterway and overhang are not exceeded. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Maximum height of 15 feet from top of seawall to peak of roof is not exceeded. 4. Maximum number of boathouses or covered structures per site: One. Maximum number (one) of boathouses is not exceeded. 5. All boathouses and covered structures shall be completely open on all 4 sides. Proposed boat house will be open on four sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single- family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. The proposed roof color and material are the same as the principal structure. BD-PL20170000541 Page 6 of 8 297 P Street; Bonita Springs September 14, 2017 HEX 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. The side setbacks are met, causing minimal impact to the neighbor's view shed. Staff analysis indicates that this request meets the boat house criteria APPEAL OF BOAT DOCK FACILITY TO THE BOARD OF COUNTY COMMISSIONERS: As to any boat dock facility 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. Such appeal shall be filed with the Growth Management Department Head within 30 days of the action 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 County Attorney's office reviewed this Staff Report on August 31, 2017. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the HEX approve Petition BD- PL20160000541. BD-PL20170000541 Page 7 of 8 297 3`d Street; Bonita Springs September 14, 2017 HEX PREPARED BY: FRED REI HL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 8 31 17 RAYMON . BELLOWS, ZONING MANAGER DATE ZONING DIVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE PLANNING & ZONING DIVISION BD-PL20170000541 Page 8 of 8 297 P Sheet; Bonita Springs September 14, 2017 HEX • 0 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net C;0)#%T County ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-5724 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 sianed by Addressino personnel prior to ore-apolica0on meeting Dlease 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 toreach Petition type) -BD (Boat Dock Extension) Camivallcircus permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ(Standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA(SDP Amendment) ❑ SON (insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ SIPI (Insubstantial Change to SIP) ❑ SNR (street Name Change) ❑ SNC (Street Name Change — Unplatted) ❑ TOR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) LITT'L E HIegoay 5AoRE5 uurr --, R PLA 6Lt5F LOT R FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) S/ c1r�n a(ytmg S5 T48 R25 STREET ADDRESLS or ADDRESSES (as applicable, if already assigned) LOCATION MAP must be attached showing exact location of projectls8e in relation to nearest public mad right- of-way • SURVEY (copy - needed only for unplafted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (8 applicable) SITE DEVELOPMENT PLAN NUMBER (torexfsting pmJects/sifes only) • SDP - orAR or PL# Colter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliereov.net 2800 NORTH HORSESHOE DRIVE • NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-5724 Projector development names proposed for, or already appearing in, condominium documents (it application; indicate whether proposed or existing) Please Return Approved Checklist By: []mail ❑ Fax ❑ Personally picked up Applicant Name: Aza75C/7 Phone: IV9.656-E Email/Fax: ��r/��jyt�y%�1Q•CM� 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 56000360008 Folio Number Folio Number Folio Number _ Folio Number _ Folio Number Approved by:_ Updated by:_ • IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED Date: 2/17/2017 • IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED ".map C, J E • nttp://maps.colbemppmmereom/webmap/mapprint.npx?title=Baan ] of 1 7/Rnn17 nnc Al PROPERTY LINES EXISTING SEAWALL _ TOP ELEV. = 3.8' +/- MHWL ELEV. = 0.01 NAVO 88 EXISTING BOAT DOCK WITH COVER BOAT LIFT EXISTING CONCRETE DECK MUM, ELEV. _ -0.81 NAVD 88 \ �,7 '1; 1V EXISTING BRICK PAVER WALK EDGE OF MAN.',R\ - x LOT -LINE EXTENSION to earl' � SCALE: 1' Mo BO2,11' x' aon BDn 823' WD - 3.11• MOs ,1.Ot" AO . 1,9J' 40 . 8.48• x TIT x x woo MD 10.49' Bon 8011 MO . 3.52' 'AD - 10.72' ` x - MO % 3.13' x 8017 x 9011 e°� 9.99' 'q �R BOTT YA1 z Ai3x WD - 6, x EOR )f -' Mao -124' x 1061' x .}T ke0R BOTT xMD 10.27' V.D - 10.47 '.J� ��-ww' B e L 4199 xIW - 7� 4�3'xBOB.R �� 221 � 0� 4.hK - 8.05'f1D °z0173.]a' M° 1082' �90T11.26' '864 -.. x MOz1 ry MD �°I.SC'7 �t !fx BO B Igps7 6.20' x dOTT 1w - 9.81 x 80tt �B0tt 0.72' �eOTT MD - _28• AOn bon x0 - 1,.1a' MA . 10.67 •- --tx 'i�r ns 6.12' x,O.Wx am �q an 4IL N!1X01936' x /°a:7j10301( BOB. 2.4 ' VON x / wt :tte.er x Y8°R1.a2' 1 t 11.46' x EOTf 7D • i?8' NO In. x 8011 My B1 i 240°R riD - 11.37 x BOST x BOn x x 710 - 6.15 x son x BOtt wDBO So' N9 .711.70 x wJ- 2.49• M. 11.93, Mo Bore• x xSon xeon MD� x BOR x B6n MFJ . 11.74' MO 11.27' MD . 10.99' 6071 x 115 - 0.42• 6D .072.0.7 x tD� 11,.7]' x x a Bon Moe71i. 02' xo = MEW x = 70.80• x MIT NO �°jj 39. x Bo7r LID - n.sv 9oB:7a66• x Born 60 - 1,.46' x �3'-14'aADDED PROPOSED DOCK. LIFT AND BOATHOUSE (NO - )m)x) - wAMR DEPIN CALOIAAwc FR01A /A.lA BAUTSCH FAMILY TRUST fE PLAN St1RVSY OF LAT 9. HLOCK F. O. 8, RMAT OF UrrL8 RICKORY SHARES f 5. T-- -- Hp 48 BOLITH._ RANOS 26 r" HER &=Le' Pro}ect p: UNHAGE.°rc. X009.. ee Prohnbael aB:i/f661r, plecaeLr, fc 41+d eurMa7veN ►.a cf OdBv 09®11 elNl. 100. 7706 TMml9ml TefB. NzMIMi NAW.. !L ULM �6 y7_91 6.Npa(9 zf A44dgn09x Nw ti aee! 9xe 1® 2664 T7 0)3, 0 0 9 PREPARED FOR: BAUTSCH FAMILY ST DATE OF FIELD SURI83MeDAPZ OBER 2016 AGHOU, BARBER & INC. PROFESSIONAL ENGILANNERS & SURVEYORS AND MAPPERS W D. '6,OU, R.S.M. NO. 5335 DATE ;7 PLAN TH PLAN SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD D SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 2027, FLORIDA STATUTES. THIS STE SURVEYSURVEY 1S NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, A0DIT1ONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTIES VA71i0UT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES IS PROHIBITED BY CHAPTER 54-17 FLORIDA ADMINISTRATIVE CODE. THIS SITE PLAN SURVEY IS CERTIFIED AS TO THE DATE OF FIELD SURVEY, NOT THE SIGNATURE DATE. ABSTRACT NOT REVIEWED GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. P.O.B. = POINT OF BEGINNING. 3. P.O.C. = POINT OF COMMENCEMENT. 4. R.O.W. - RIGHT-OF-WAY. 5. CURVE DIMENSIONS ARE AS FOLLOWS! 6= DELTA, R = RAOIUS, A = ARCH, CH = CHORD, AND CHB - CHORD BEARING. 6. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM , EAST ZONE, NAD 83/90 DATUM AND REFERENCED -0 THE CENTER LINE OF THIRD ST. W„LITTLE HICKORY SHORES LYING IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLDER ;AUNTY, FLORIDA, AS BEING NORTH 68.41.II-EAST. 7. ELEVATIONS ARE BASED ON NAVO 88 DATUM. LEGAL DESCRIPTION LOT 9, BLOCK F. REPLAT OF LITTLE HICHORY SHORES, UNIT NO. 3 ACCORDING TO THE PLAT RECORDED IN PLAT BOOK G. PAGE 2, PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 16158.6 SQUARE FEET OF LAND MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CERTIFICATE BAUTSCH FAMILY TRUST PLAN SURVBI OFw B, BLOCK F. UNIT N0. 9, REPLAT OF LITTLE HICKORY SHORES SWnON 5, TOWNSHIP 48 SOUTH, RANCE 25 FAST (PLAT BOOK 8. PAGE 21 Plates ---I dllsin M Plennen, 8 land aurveyen a z tnWv G* -k- $”" 000. Ta00 TuWW }.. N.aU, Naha, FL 3410 Q.11Aaab at AX%bwU"Aaa Xaa LY OW aad IM WN I'll 14110100800PJCKM4RNECON5 MA-.rM4.qgVJTSCN FAMYY TA LOT 9 SLK F LITRE HCKORY SKORe$ Le,f 11555PS" VLAYWT WU¢S I : I 0 0 0 collier county •COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252.2400 FAX: (239) 252-6358 DETAILS OF VARIANCE REQUEST On a separate sheet attached to the application, please address each of the following details of the requested variance: ❑ Narrative statement of what is being requested and the reason for said request, and the location of request on the site; ❑ Location and extent of encroachment, measured in tenths of feet; 0 When the encroachment was discovered; 0 How the encroachment was discovered; and 0 Building permit numbers of the encroaching structures. SUBMITTAL REQUIREMENTS See Chapter 6 D. of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet: ❑ Completed Application (download current form from County website); ❑ Disclosure of Ownership; ❑ Details of Variance request; • ❑ ❑ Affidavit of Authorization signed and notarized; A signed and sealed copy of the survey identifying the encroachment; and ❑ Electronic Copy (CD) of all documents and forms. (Preferred) 0 Copy of Building Permit and/or Certificate of Occupancy for offending structure(s) if applicable; and ❑ Copy of complete Property Card from Property Appraiser's Office Fee Requirements: ❑ Variance (Administrative): $1,000.00 A portion of this fee is non -reimbursable to coverstaff research time per the adopted Fee Schedule, should the property not meet the requirement for Administrative Variance. As the authorized agent/applicant for this petition, I attest that all of the information indicated an 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 Applicant Date All checks payable to: Board of County Commissioners The completed application, all required submittal materials and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive • Naples, FL 34104 6/1/2017 Page 3 of 3 Comer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (Z39) 252-6358 ADJACENT ZONING AND LAND USE DESCRIPTION OF PROJECT Narrative description of project (Indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Remove and dkpose aching pennited(90-7814) 275 sq ftdock and 312 sq It baelnouse(92-2881) Request a 3646 foot adeneon beyond the minimum 20 feet to accommodate reev, open sided, boalimee, dock am 1 lift for 32'vasael Total over the water shetwas are 548 sq ft dock and Iia with proposed MO sq ft N)WKIuw roof eovoMg. See drawings. SITE INFORMATION 1. Waterway Width: zeo• ft. Measurementfrom ❑ plat © survey ❑ visual estimate ❑ other (specify) _ 2. Total Property Water Frontage: 225.19 ft. 3. Setbacks: Provided' Required: 15 ft, 4. Total Protrusion of Proposed Facility Into Water: 56.48 ft. S. Number and Length of Vessels to use Facility: 1. W ft. 2. _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: 295 3rd ST Wd9.77', 293 3b ST W -52.H', 2716th ST WA9.03', 2Ht 3rd Si Wd1 AT oaa vn At was eco • • 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? 0.4 Acres S. 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 Zoning Land Use N 3rd St W/ROW/RSF-4 Single Family Residence S Waterway/A Little Hickory Bay E RSF-4 Single Family Residence W RSF-4 I Single Family Residence DESCRIPTION OF PROJECT Narrative description of project (Indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Remove and dkpose aching pennited(90-7814) 275 sq ftdock and 312 sq It baelnouse(92-2881) Request a 3646 foot adeneon beyond the minimum 20 feet to accommodate reev, open sided, boalimee, dock am 1 lift for 32'vasael Total over the water shetwas are 548 sq ft dock and Iia with proposed MO sq ft N)WKIuw roof eovoMg. See drawings. SITE INFORMATION 1. Waterway Width: zeo• ft. Measurementfrom ❑ plat © survey ❑ visual estimate ❑ other (specify) _ 2. Total Property Water Frontage: 225.19 ft. 3. Setbacks: Provided' Required: 15 ft, 4. Total Protrusion of Proposed Facility Into Water: 56.48 ft. S. Number and Length of Vessels to use Facility: 1. W ft. 2. _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: 295 3rd ST Wd9.77', 293 3b ST W -52.H', 2716th ST WA9.03', 2Ht 3rd Si Wd1 AT oaa vn At was eco • • 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? 0.4 Acres S. 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 11 • 0 Co er amllty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieraov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: _GD Date and Time: 2,2-j' j734. U_�NNI Assigned Planner: KAL%Q 'zeum 2.ts Engineering Manager (for PPL's and FP's): Proiect Information Project Name: 29 - Y2 Sia. 0 PL#: I+ t)f3ooS41 Property lD #: 5 6,0 o0a Ie 0 00i Current Zoning: 1;46VPO' {Z j E - Lt Project Address: Z, -4 '3'd Sl: 0 city: 150AA4 c'PS`t'ate S Fl zip: 341134 Applicant: Agent Name: %S rJ42 V rot 12 �920-32iS Agent/Firm Address: City: State: _ Zip: Property Owner: 60,Lk. %S nn k � J'r VLA t - Please provide the following, if applicable: I. Total Acreage: • 1-( ar/ /Q ii. Proposed # of Residential Units: ` iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: indicate the COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PLN `2Iffi1IPltff d Collier County Contact Information: Name Review Discipline Phone Email Richard Anderson Environmental Specialist 252-2483 richardandemon@wlliergoy.net ❑ David Anthony Environmental Review 252-2497 dwidanthony@colliergey.net Summer Ara ue Environmental Review 252-6290 summerbrownarague@colliffgov.net ❑ Steve Baluch, P.E. Transportation Planning 252-2361 Ste henBaluch@collier ov.net Laurie Beard Transportation Pathways 252-5782 Lauriebeard@wlliergov.net Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman Count Surve or 252-6885 Marcu$Berman@colliergm.net ❑ Madelin Burster Architectural Review 252-8523 madelinbunster@wllie ov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchln@wiliergm.net ❑ George CaWo Utility Billing 252-5543 georgewscio@collierguy.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidlashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net C1 Eric Fey, P.E. Site Plans Reviewer 252-2434 eridey@collieroov.net Paula Fleishman Impact Fee Administration 252-2924 aula0eishman@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zonin Services 252-2484 nancygundiach@colliergov.net Shar Min on East Naples Fire District 687-5650 shingson@ccfco.org John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 lodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@wlliergoy.net ❑ Ericlohnson, AICP,CFM Zoning Services 252-2931 ericjohnson@wlliergm.net ❑ Marcia Kendall Comprehensive Planning 252-2387 1 momiakendall@wlliergov.net Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergoy.net ❑ Paulo Martins Utilities 2524285 aulomartins@collie ov.net 71 Thomas Mastroberto Fire Safety, 252-7348 Thomasmastroberto@colliergm.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 lackmckenna@colliergov.net cJ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@collie oy.net ❑ Gilbert Moncivair Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergm.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net U Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@wlljergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colIlergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net 11 CJ • • 0 C:4& County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 `.] Brandi Pollard Utility Impact fees 252-62377brandipollard@tallier ov.net Fred Reischl, AICP Zoning Services 252.4211 fredreischl@wlliergov.net -. Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net L Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergoy.net ❑ Michael Sawyer Zoning Services 252.2926 michaelsawyer@colliergm.net ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 wrbyschmidt@coillffgm.net Chris Scott, AICD Planning and Zoning 252-2460 chrimcott@colliergov.net Daniel Smith, AICP Landscape Review 25244312 danielsmith@coillegm.net Ellen Summers Planning and Zonin 252-1032 EllenSummers@colifergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@collierlov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@wlliergov.met ❑ Kris VanLen en Utility Planning 252-5366 krianlengen@willergm.net ❑ Jon Walsh Buildin Review 252-2962 jonathanwaish@wlliergm.net ❑ David Weeks, AICP Future Land Use Consistency 252-2306 davidweeks@collle ov.net ❑ Kirsten Wilkie Environmental Review 252.5518 kimtenwllkie@colliergov.net -' Christine Willoughby Planning and Zoning 252-5748 ChdstineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email 1 r rs��.� WNi -Sip m o Lir" d R.a &.R- 49• in apr r...i�e. Project Type: Pre -Application Meeting Project Description: We are interested in a boathouse and boat dock extension, Existing Application Name: Meeting Type: Pre-Apptication Meeting Preferred Date: February 15, 2017 UnavailableDST Locatio • 29onita Springs, FL, 34134, Parcel Number: 56000360008 Full Name: H Email: HollvCdorickmarine.com Company Name: Greg Orick II Marine Construction 1035 Collier Center Way Suite 1 Naples, FL 34110 Representing: Contact Number: Cell: 239-216-0112 Contact Number: Cell: 239-980-3225 • 5fo•57 11,i �ri Under Florida Law a -mail addresses arc public records If you do not want your e-mail address retcased in responso to a public records request du not send electronic mad to Ups entity. Instead. contact this office by !elephonc or In writing BeasleyRachel Subject: *ocation: Start: End: Recurrence: Meeting Status Organizer: Required Attendees: Oanner-Rachel Beasley Fire District -North Naples PL20170000541(BDE) Conf Room" C" Tue 2/21/2017 10:00 AM Tue 2/21/2017 11:00 AM (none) Accepted CDS-C AcevedoMargarita; AhmadVicky; AlcornChris; Amy Lockhart -Taylor (lockha@collierschools.com); AnthonyDavid; ArnoldMichelle; AshtonHeidi; AuclairClaudine; BaluchStephen; BeardLaurie; BeasleyRachel; BrethauerPaula; BrownAraqueSummer; BrownCraig; BurtchinMark; CascioGeorge; CondominaDanny; CrowleyMichaelle; David Ogilvie; dfey@northcollierfire.com; DumaisMike; FaulknerSue; FeyEric; FleishmanPaula; GarciaShirley; GewirtzStorm; GosselinLiz; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia; JacobLisa; jnageond@sfwmd.gov; JohnsonEric; JourdanJean; KendallMarcia; KurtzGerald; LenbergerSteve; LevyMichael; (martin@sfwmd.gov; LouviereGarrett; MartinezOscar; MastrobertoThomas; McCaughtryMary; McKennaJack; McKuenElly; McLeanMatthew; MoscaMichele; MoxamAnnis; NawrockiStefanie; OrthRichard; PajerCraig; PancakeBill; PattersonAmy; PepinEmily; pjimenez@sfwmd.gov; PochmaraNatalie; ReischlFred; RosenblumBrett; SantabarbaraGino; SawyerMichael; ScottChris; Shar Hingson; ShawinskyPeter; Shawn Hanson; SheaBarbara; SmithCamden; SmithDaniel; StoneScott; StrainMark; SuleckiAlexandra; SummersEllen; SweetChad; TempletonMark; VanLengenKris; WalshJonathan; WeeksDavid; Wickham Flannery; WilloughbyChristine; CrotteauKathynell; RodriguezWanda ************************************************************************ 0 nYarw 'CAI c I RM6d6' a rlRl � 1 PUB „ nmt \ n..r1 a Its HE a a a „ L nCmR Mwr .. uNw milli/ • ^1 / {R � �ANFt2 A ANF1I CI 1, c PUB PUB ....,,, r{' ;:.� a+Rermono "Mmia s . 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COLLIER COUNTY, FLORIDA it I 1 1 {II f L IY XWLO YN1 DOM w $1gF { 1 W1 pN9181 is Co ter County • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ww .colliergov net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 • 0 Page 1 of leouler ii..oumy rroperiy Appraiser Property Summary Parcel No. 56000360008 Site Adr. 297 3RD ST W, BONITA SPRINGS, FL 34134 Name / Address BAUTSCH FAMILY TRUST • 297 3RD ST City BONITA SPRINGS State FL Zip 34134-7324 Map No. Strap No. Section Township Range Acres*Estimate 3AOS 468700 F 93A05 5 48 25 0.4 Legal LITTLE HICKORY SHORES UNIT 3 REPLAT ELK F LOT 9 MMAglil Area • 170 Millage Rates O 'Calculations Sub✓Condo 468700 - LITTLE HICKORY SHORES UNIT 3 REPLAT School Other Total Use Code • 1- SINGLE FAMILY RESIDENTIAL 5.245 5.708 10.953 Latest Sales History 2016 Certified Tax Roll Not all Sales a, a luted due to Confidentiality) 5✓0; ate 0- ',anger Date Book -Page Amount [and Value $1,094.568 12/19/12 4866-3529 so (+) Improved Value $S9* 12/21/95 2131-4 I $0 (_) Market Value $1,676,025 02/03/93 1794-108 $ 0 02/01/93 1794-111 $ 0 (') Save our Home $952,021 05/01/90 11530--99 $650,000 (_) Assessed Value $724,004 (-) Homestead $25,000 (_) School Taxable Value $699.004 (-7 Additional Homestead $25,000 (_) Taxable Value $674,004 IF all values shown above attest 0 this Parcel was created after the Final Tax Roll • http://w.collierappraiser.comlmain_searchlRecorddetail.html?Map=No&FolioNum=56000360008 2/21/2017 tomer a.ounzy rroperzy (appraiser Property Detail Parcel No. 56000360008 Site Adr. 297 3RD ST W, BONFTA SPRINGS, FL 34134 • Name / Address BAUTSCH FAMILY TRUST 297 3RD ST Page I of • IttP://Www.collierappraiser.com/main_ search/Recorddetail.html?Map=No&Foli oNum=56000360008 2/21/2017 City BONITA SPRINGS State FL Zip 34134.7324 Permits Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 1987 COUNTY 87-1242 12/10/87 RESIDENCE 1987 COUNTY 87-2900 POOL 1991 COUNTY 90-7814 DOCK 1992 COUNTY 92.2881 ADDITION 1994 COUNTY 94-7265 01/27/95 ADDITION 2002 COUNTY 0201.2397 05/13/02 SPA, ADDITION 2002 COUNTY 0203.1467 05/13/02 CONCRETE BLOCK WALL, SCREEN ENCLOSURE 2003 COUNTY 0205.0003 05/07/03 ADDITION, OTHER 2003 COUNTY 0211-1438 ROOF 2003 COUNTY 0303-1190 05/07/03 ROOF .3 COUNTY 0303.1388 05/12/03 SCREEN ENCLOSURE 2003 COUNTY 0309-0760 12/09/03 2012 COUNTY 2011010894 06/17/11 ADDITION 2013 COUNTY 10-04512 07/10/12 OTHER Land Building/Extra Features # Cale Code Units # Year Built Description Area Adj Area 10 RESIDENTIAL FF 132.75 10 1987 RESIDENTIAL 4849 6151 20 1988 WOOD DOCK 275 275 30 1992 BOAT HOUSE 312 312 40 2002 CONC BLK SCREEN ENC 2212 2212 50 2002 ALUM SCREEN ENC 3363 3363 60 2002 BRICK DECK 2556 2556 70 2002 SPA 28 28 8o 2002 SWIMMING POOL 360 360 90 1974 SEAWALL 185 185 • IttP://Www.collierappraiser.com/main_ search/Recorddetail.html?Map=No&Foli oNum=56000360008 2/21/2017 Page 1 of 1 flap://maps.coIIierappraiser.com/webniap/outptit2/Collier 2017 sde(}31'1584101001790.jpg 2/21/2017 • • BD-91-17 John M. Benfield, representing James M. Pinkermen 8/15/91 requesting a 4 foot boat dock extension to allow RM for a total protrusion into the waterway of 24 feet to allow a boat dock facility for property located at 570 South Heathwood Drive further described as Lot 1, Block 322, Marco Island, Unit No. 9. CCPC 10/17/91 BD RES # 91-10� FEE $250.00 BD-91-18 Shawn P. Maher of Maher, Spiegel Associates, Inc., EY representing Voyager Condominium, requesting a 9/3/91 7-foot boat dock extension to allow for a 27-foot boat dock facility for property located at 98 Collier Court, Lot 20, Block 338, Marco Beach Unit 10. CPCC 10/17/91 BD RES # 91-11 FEE $250.00 BD-91-19 Wayne Furfey of Custom Dock & repair, representing EY Crows Nest Condo, requesting a 10-foot boat dock 9/20/91 extension to allow for a 30-foot boat dock facility for property located at 881 Panama Court, Lots 3-6, Block 338, Marco Beach Unit 10. CCPC 11/7/91 BD RES# 91-12 FEE $250.00 BD-91-20 Jahn Milne Benfield representing Walter CS Augustiniak, requesting a 15 foot boat dock 10/3/91 extension to allow for a 35 foot boat dock facility for property located at 537 Tigertail Court, further described as Lot 23, Block 365, Unit 11, Marco Island. . CCPC 11/21/91 BD RES # 91-13 FEE $250.00 BD-91-21 T. Bradford Price of Marco Marine Construction, RM representing Herbert T. Monroe, requesting approval 12/2/91 to install four (4) boat lifts (two (2) of which are after-the-fact) for a previously-approved boat dock (extension) for property located at 1100 South Collier Boulevard, further described as Shipp's Landing Condominium. CCPC BD RES # /f) FEE 5250.00 BD-92-1 Ray Petersen of Garland & Garland, Inc., RM representing David Bautsch, requesting a 12-foot 1/17/92 boat dock extension to allow for a 32-foot docking facility (which is after-the-Pact), as well as a roofed structure (boathouse) for property located at 297 Third Street West, Lot 9, Block F, Little Hickory Shores Unit 3 Replat. CCPC BD RES # FEE $250.00 David Bautsch Dock Facility Extension PL20170000541(BDE) Primary Criteria 1. The upland property is a single-family residential zoned lot that per LDC is allowed two slips. Proposed dock consists of 1 slip and lift with an open - sided boathouse, which is appropriate for a single-family dwelling. We are requesting a 36.46 extension from the allowed 20 -foot protrusion. 2. This area of Little Hickory Bay has become extremely shallow since the existing dock was permitted in 1990 (90-7814). The water depths have become insufficient to moor a motorized vessel within their riparian rights without protruding greater than the allowed 20 -feet into waterway. Water depths are too shallow for mooring at mean low tide as shown in bathymetric survey, average water depth at mean low tide is less than 3 -feet. 3. Proposed dock facility does not intrude into marked or charted navigable to channel, thus no adverse impact on navigation is expected. The proposed dock, boathouse and lift have been designed not to impede navigation and is congruent with the other existing docks along this shoreline. 4. Proposed dock facility protrudes a total of 56.46 -feet from shoreline, the overall protrusion is 20.5% of 278.31' of waterway, dock facility maintains more than 75% of navigable waterway open. S. Proposed dock facility location nor design interferes with neighboring docks as shown in county appraiser's aerial view and in fact the proposed facility is consistent with existing facilities along the shoreline. 0 • David Bautsch Dock Facility Extension PL20170000541(BDE) Secondary Criteria 1. The proposed dock facility has old existing seawall, mangrove growth along the shoreline, plus shallow water depths justifies proposed extension of dock into deeper water. 2. Proposed dock facility allows reasonable and safe access to vessel without excessive deck area as shown in site plan survey. 3. Length of vessel is 32' and is less than 50% of property's linear waterfront of 225+ as shown in site plan survey. 4. Proposed dock facility will not have a major impact on waterfront view of neighboring property owners and will be consistent with existing facilities along shoreline as shown in county appraiser's aerial view. S. To our knowledge no sea grass beds are located near proposed dock facility as shown in the results of submerged resource survey conducted by Jeremy Sterk of Earth Tech Environmental, LLC and provided for review. 6. Proposed dock facility consists of 1 boat slip and lift, an open -sided boathouse, thus does not require Manatee Protection Plan as stated in LDC subsection 5.03.06 E.11 or N/A. • David Baustch Dock Facility Extension • PL20170000541(BDE) Boathouse Criteria: 5.03.06.E 1. Side setbacks provided: 31.39 feet on the left (North East) and 133.0 on the right (West). 2. Maximum protrusion into waterway is 56.46 feet or 20.5 percent of the most restricted area of 278.31 feet. 3. Maximum height of boathouse roof will be 15 feet above existing seawall cap as provided on the engineering drawings. 4. The proposed boathouse will be the only structure on the property. 5. All sides will be left open as shown on the engineering drawing. 6. The roof material will be plywood and hurricane straps to specifications and the same color and material as the principal upland structure. 7. The boathouse is located well within the setbacks of the uplands property (as shown on survey) and is in the same proximity as existing boathouse as to minimize the impact on the view of the adjacent neighbors. 0 0680004 COLLO COMY REE Pitta Doc INt #ND i�t WM-3 U037 R£010 i?04 7WOWWWO"Up epim by; Andrew L Krava, Dnolft aft 600 $811 Mad Bay Book -ward Naples, FIWWa 33963 (813) SWI221 00011! PACE 0122 1 i;37771 THIS INDENTURE, Made this � - / s if, say of De W*a, IM. WWOM DAVID J. BAUTSCH, a married man, coined herein by bis wile. DIANE E. BAUTSCH, solely for the purpose of barring and releasing any homestead interest she may have), County of Collier. State of Florida, grantor', and DAVID 1. BAUTSCH, as Trustee" of the DAVID J. BAUTSCH PERSONAL RESIDENCE TRUST ooe dated December --J- / _, 1992, whose post office address is 297 Third Street West, Bonita Springs, State of Florida, 33923, grantee•, whose tax identification number is --0-6110-450 WPPNF.SSETH, That said grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) sad other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,haa.granted, bwpined and sold to the &aid grantee, and grantee's heirs and assigns forever, the folkwios. ed land, situate, lying and being in Collier County, Florida, to wit: Lot 9, Bock F, Replan of UWkNo:- 3, LMTLE HICKORY SHORES, per plat thereof recorded at Plat "§rftP Ibe.Public_Becords of Collier County, Florida. Commonly known as:. 297 Third Street -West, Citybf Bo_ nits Springs, County of Collier, State of Florida, 33923. Subject to covenants,, easements, conditions, restrictions, reservations and encumbrances of record and reW estate. takes. Wad subsequent to the calendar year 1992. The above described property is the homestead of grantor, Real Estate Tax Iderniftcation No. 56 000 36 0008 0 MYERS KRAUSE 6 STEVENS C 0MEPED ATTORNEYS AT LAW BANCKOMDAGEN16R Sum= SBI t PELICAN SAY BOULEVARD NAPLES FLORIDA 333 Received j -2.0. ocumentary Stamp Ta: Received S Class T' Intangible VI Personal Property Ta E. BROCK CLERK Of 61RCUIT COW O.0 1 ?94 009112 PA Raiis�ai�lytrNot'd�tlrte�p A�►warattr dree�ktqO! �BOOK dre id s1+d ofatt peeaont •'�aatee" � `garcon• ase used for sir � ptuat, as oo�et r�oqute+ct. onwm ee hamin is SmmW fids pow+ar and audiotity to protect, oonsem ad to sell or to terra orto anaaenbw, orodwwiae to mmW and dbpmof the teas p gw1y descaibed Wain as set two in ltodds d".th?t . "Mpon die mdIw of the aepisetion of twenty (M yes flrorn die date of ea OWM of this UM ice, or upon his man, Nfdl d or imabWq W act as tauten, DAVID L BUu'TWU dM cow to act as ttudee of said rant and DIANB B. BAUTSCH shall spa as wooeayor i rm M I, aid the aoogmm by the succenw awtee, t►econkd in the Public Reoords of CdNer Cotmty, Florida, where the ad property duallm d above is roared. together with evidwm of the trustoe's destb, rail ation, or inability to act, if spplicable, shag be deemed esuA. p vof dot the parties have co upNed with die rumor trustee pions of the arc iv laid taut. sumdat evidence of the wome's deaa shall consist of a omrdaw oopy of his death owe. Suffichm evidence of the trustee's r+esigradon shad consist of a usigntion, nary �eoaeouted and acknowledged by him. Sufhicieat evidence of a trustee's inal tits► to act shall t of s Nommod physldan's affidavit au6Hddq that the uuuw is incipMe of performing his duties a trustee of the aforosdd trust. The socoessar trnstee shall have the sauna powers ga--ed to the original trustee, as set forth above. IN Wt'MMS WHEREOF, Grantor has -hw punto -Set -grantor's hand and seat the day end year first above written. signed, Bated and delimaii in our-p:emm: (priat aaae) h A-4— .r ly alU-%C 2 FZT�% �,../ + !Q'.- BAMCH • n 1YIp1l� r'd .►.rs 4r, AamCj..� dza1_..., 'meg STATS OF FLORIDA i?94 009113 a Notary Public, the fongoing instrument was acknowledged this day of = 1992, by DAVID 1. BA1iL'SCN and DIANE H. BAU M% who t�Yaee personalty kfim t to me of who 0 have produced a driver license as identificadong and wla did not take as oath. • ti50y Public State of Plorida at Large My Commission HXpires: WfMV yuan SrAts OF FLMIQ ny oL INS. b. :d,% ,j M _ t2 d 5 W ,r fid, typed or damped eaaradb kned risme of Nolm Aeto's"d eoa p:rifted 1n �t�` :�: aecordt of FIOP.I�h f;011ifk ac1CK, CLERK 3 fra i cul e . Northeast PSL Mangroves MLWL (481' NAVD) Seawall (3.80' NAVD) 1 �.I 1w ( ) MHWI 001 NAVD MHWL (0.01' NAVD) Proposed Dock Seawall (3.80' NAVD) 10 548 ftr MLWL Proposed Boatiwuse (-0.81' NAVD) 720 P Cross Section Plane Mangroves GREG ORICK MARINE Name: DavidBautsc6 Approved Signature: a CONSTRUCTION, INC. Address: 2973`^StW (20) 949m5588 Bonita Sgs, FL 34134 Date: 3/9/20179 Approved Date: 5 0 of seawall tap Cross Section of Depth below proposed Boat Lift For PemxllMg PwpmGnW, trot for Co odctian Use 16,000 N. am UR 3" x 8" (rough) M a Cap Timber jyp) 3"x8"(mugA) 2.xBN(mugh) Main s6k"Qyp) kits gyp) 611111111a 1 01 m R R EMisang Grade j _ 1,28'Below—' 2.26'aekwJ -- MLWL MW t,-3.33'8dov JT N' Refund MLWL -- 111 VVL All Piles ro be Wrapped wl-- Rack vrcl from Cap TiMwsto 1' below Buhsbale Pie Penetration —1 MLWL GREG CRICK MARINE CONSTRUCTION, INC, (289) 9495588 Name: David Bautsch Address: 297311StW Bonita Springs, FL 34134 Date: 3/912017 Approved Signature: s Approved Date: h r, MEMORANDUM • DATE: December 22, 2016 TO: Greg Crick Marine Construction 1035 Collier Center Way, Suite I Naples, FL 34110 FROM: Jeremy Sterk RE: 297 3b St W An ecologist from Earth Tech Environmental (ETE) conducted a Submerged Resource Survey (SRS) at the referenced property on December 21, 2016. The purpose of the survey was to evaluate the proposed dock area forthe presence of important submerged resources such as seagrass or hard bottom. The limits of the area surveyed are shown on the attached aerial exhibit The survey was conducted utilizing SCUBA and photographs were taken to document observations. Visibility during the survey was I to 2 feet. Dense Scoevoela toccada is present along the entire frontage of the lot. There is a gentle slope immediately in front of the shoreline that quickly breaks to the deep water of the bay. Bottom material on the slope prior to the deep- water break was predominately sandishell. The bottom of the deep -water channel is silty muck. Both areas were subject to heavy siltation and poor visibility. • The existing dock is providing habitat for a variety of small fish and invertebrates. Mangrove snapper and sheepshead were observed under and around the dock In summary, no submerged resources that would preclude construction of a new dock within the survey area were observed. See attached photographs for site conditions and observations. Feel free to contact me if you have any questions. 0 FARTH TECH ENVIRONMENTAL, LLC 1455 RAIL HEAD BOULEVARD STE. 8, NAPLES, FL 34110 �.etenviron.c 0 L 11 Photo 4. Bottom habitat example. 0 • Fj 0 0 Photo 6. Bottom habitat example. AGENDA ITEM 3-E Co*ier Count STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 28, 2017 SUBJECT: PDI-PL20170000247, SABAL BAY SIGN DEVIATION MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) APPLICANTIAGENT: Applicant - Collier Land Development Inc. 2550 Goodlette Road, North Naples, FL 34103 REQUESTED ACTION: Aizent: Robert J. Mulhere, FAICP, Vice President Hole Montes, Inc. 950 Encore Way Naples, FL 34110 The applicant requests that the Hearing Examiner consider an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD), Ordinance No. 05-59, as amended, to add one new deviation relating to signage along US 41, Tamiami Trail. GEOGRAPHIC LOCATION: The subject 2,425.08+ acre property on the south side of Tamiami Trail East, approximately one quarter mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East, Collier County, Florida. (See Location Map on the following page.) Pal-PL20170000247, Sabal Bay PUD Last revised: 911!17 Page 1 of 9 Hearing Examiner date: 9128117 =m CD D � r N mo X s 3 C:' � o m o N Q 4� C3 � fls to � N � C 0] C O a s� A Davis BLVD 771a oc `a PROJECT LOCATION a � F m Ra kg j2D i Location Map Petition Number: PL20170000247 Zoning Map PURPOSEIDESCRIPTION OF PROJECT: In the narrative statement, the applicant provides the following explanation: Sabal Bay MPUD was approved by the Collier County Commission on November 15, 2005. The PUD as 2, 426.0$ acres in size and allows for up to 1,999 dwelling on 1,585 acres as well as several other non-residential uses, include some 75 acres of commercial development allowing up to 200, 000 square feet of retail, 60, 000 square feet ofoffice and 250 hotel rooms. The commercial development is primarily located along the U.S 41 frontage (Tracts Cal, CO2, and CO3, depicted on the PUD master plan). All of the commercial tracts have been platted (Sabal Bay Commercial Tract), PUD Tract C01 is fully developed Tract CO2 is partially developed. Tract CO3 has one outparcel developed. SABAL BAY MPUD.-- MPUD MASTER PLAN t'�, PF e� commerdal-Tract&Qimg Tmniand Traii�Easi •� RW �a i Excerpt from Master Plan showing commercial tracts The Sabal Bay Mixed Use Planned Unit Development (MPUD) was last amended on March 28, 2012 by Ordinance Number 12-12. That ordinance amended Ordinance Number 05-59 which approved deviations numbers 1-8 from the LDC. Ordinance Number 12-12 approved more deviations, number 9-15. The current proposed insubstantial change amendment seeks to approve what would become Deviation #16. This request, if approved would allow a third directory sign for the PUD that would be located on US 41 at the entrance to the commercial tract identified as CO3. There is currently one directory sign on US -41 and one on Thomasson Drive. LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties near the portion of the PUD affected by the request. Northwest: Other developed portions of the commercial area within the Sabal Bay PUD, with a zoning designation of Sabal Bay MPUD Northeast: US 41 then various retail and office uses within the Lely Resort PUD, with a zoning designation of Lely Resort PUD PDI-PL20170000247, Sabal Bay PLJD Last revised: 911117 Page 3 of 9 Hearing Examiner Date: 9128117 South: Developing areas within the Sabal Bay PUD, all with a zoning designation of Sabal Bay MPUD West: Developing areas within the Sabal Bay PUD, all with a zoning designation of Sabal Bay MPUD Aerial from Property Appraiser website ANALYSIS: Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the PUD, it is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. See Attachment 2 for the complete report from Comprehensive Planning staff. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed change to the PUD documents. Signs are not addressed in the Conservation and Coastal Management Element (CCME); therefore, there is no issue with consistency with that Element of the GMP. PDI-PL20170000247, Sabal Bay PUD Last revised: 911117 Page 4 of 9 Hearing Examiner Date: 9/28117 Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents. Signs are not addressed in the Transportation Element; therefore, there is no issue with consistency. LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the proposed amendment is to add one deviation related to project signage within a commercial portion of the project. There would be no increase to the size of areas used for non- residential uses and no relocation of non-residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic which were not anticipated when the principal uses were originally adopted based upon the Trip Generation Manual published by the Institute of Transportation Engineers. PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 5 of 9 Hearing Examiner Date: 9/28/17 g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff have reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. This project is not a DRI, thus this is not applicable. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. LDC Section 10.02.13.E.2: Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed change does not affect the original analysis and findings for the most recent zoning action in Petition PUDA-PL2011-000047. An excerpt from the staff report prepared for that petition is attached as Attachment 3. Attachment 3 contains the PUD and Rezoning Findings from Petition PUDA-PL2011-000047. PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 6 of 9 Hearing Examiner Date: 9/28/17 DEVIATION DISCUSSION: The petitioner is seeking one deviation from the requirements of the LDC. This deviation is deviation #16 as noted in the Purpose/Description of the Project. The deviation wording is directly extracted from the petitioner's PUD document. The petitioner's rationale and staff analysis/recommendation are provided below. Proposed Deviation #16: Deviation 16 seeks relief from LDC Section 5.06 04.F 3., Directory Signs, which limits multiple - occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, containing 20,000 sf or more of leasable floor area, to a maximum of one directory sign at one entrance on each public street, to allow for one additional directory sign on Tamiami Trail East (U.S. 41) in addition to the two existing directory signs (located on Tamiami Trail East and Thomasson Drive). The second directory sign permitted on the Tamiami Trail East frontage shall be located a minimum of 500 feet to the east of the existing directory sign on Tamiami Trail East. Petitioner's Rationale: The petitioner's agent has provided the following justification and rationale to support the requested deviation: As stated, there are two existing Directory signs; one is located at the project entrance to the Shoppes at Hammock Cove on Thomasson Drive, and one is located at the project entrance to the Shoppes at Hammock Cove on Tamiami Trail East. This request is to allow another pole sign at the second entrance (to serve the next phase of the Shopping Center development, approximately 525 feet to the east on Tamiami Trail East. In hind sight, this request should have been made at time the Sabal Bay MPUD was approved in 2005; however, the need for the additional sign really became clear once the commercial tracts were platted. The Sabal Bay MPUD commercial frontage (on Thomasson and Tamiami Trail combined) contains more than 2,500 linear feet or road frontage. The additional Directory sign is necessary to allow for reasonable signage to support the uses located within this phase of the commercial development. This is a master planned community and the signage will be consistent with the existing sign design and will meet all required dimensional standards of the LDC. The requested sign will enhance the marketability of the parcels located in this phase of the commercial development and will allow easy identification of the businesses within this phase for the public seeking to locate such businesses. Please see additional information in the petitioner's document entitled, "Justification and Narrative -5- 18-17". Staff Analysis and Recommendation: Due to the project's location along Tamiami Trail (US 41), which is a busy arterial roadway, staff agrees that some additional signage may be appropriate. The proposed number and location (See "Justification and Narrative -5-18-17" for the proposed sign location) of the additional sign would appear to further the intent of the sign regulations of the LDC in Section 5.06.01 to: PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 7 of 9 Hearing Examiner Date: 9/28/17 Purpose and intent. The purpose of this sign code is to provide minimum control of signs necessary to promote the health, safety and general welfare of the citizens of Collier County, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that detract from the aesthetic appeal o the county and lead to economic decline and blight by preventitzg si ns from reaching such excessive size and numbers that they obscure one another to the detriment of the county, by assuring good and attractive design that will strengthen the county's appearance and economic base, and by preserving the right of free speech and expression in the display of signs [Underlining added for emphasis]. Zoning and Land Development Review staff recommends APPROVAL finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community" and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM requirement for this petition was waived by the Hearing Examiner. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on September 1, 2017. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20170000247. Attachments: A) Proposed Ordinance Revisions B) Comprehensive Planning Review Memo, dated 8-15-17 C) Excerpt from the Staff Report prepared for PUDZ-PL2011-0000045 D) Email message waiving NIM, dated 6-27-17 PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 8 of 9 Hearing Examiner Date: 9/28/17 PREPARED BY: � 11 /�, 6dlj� KAY 116SELEM, AICP ZONING SERVICES SECTION REVIEWED BY: RAY BffLOWS, MANAGER ZONINrj SERVICES SECTION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION aa /I � DATE -�H( --7 DATE q-1-1 DATE Tentatively scheduled for the November 14, 2Q 17 Board of County Commissioners Meeting PDI-PL20170000247, Sabal Bay PUD Last revised: 8/28/17 Page 9 of 9 Hearing Examiner Date: 9128117 SECTION ONE: AMENDMENT TO SECTION II, PROJECT DEVELOPMENT, SUBSECTION 2.17, SIGNAGE, OF THE MIXED USE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NOS. 2012-12 AND 2005-59, THE SABAL BAY MPUD Section II, Project Development, Subsection 2.17, Signage, of the Mixed Use Planned Unit Development Document, attached to Ordinance Nos. 2012-12 and 2005-59, The Sabal Bay MPUD, and as amended by two insubstantial changes to the PUD (PDIs) approved by Hearing Examiner Decision HEX No. 2015-09 and HEX No. 2014-08, is hereby amended to read as follows: * * * * * * * * * * * * * 2.17 SIGNAGE A. GENERAL * * * * * * * * * * * * * 7. Two (2) pole signs may be permitted along the MPUD frontage on Tamiami Trail East (U.S. 41). The signs shall meet all other ap lip cable requirements set forth in Section 5.06.00 of the LDC except that the signs may be separated by a distance of not less than 525 linear feet as measured along the Tamiami Trail frontage. This constitutes a deviation from LDC Section 5.06.04.7.1, which requires a minimum separation of 1.000 feet * * * * * * * * * * * * * Page 1 of 2 Words underlined are added; words stt+isk thfaugh are deletions HA2017\2017004\WP\PD1\Saba1 Bay MPUD (2-20-2017).docx Attachment A SECTION TWO: AMENDMENT TO EXHIBIT C, LIST OF DEVIATIONS, OF THE MIXED USE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NOS. 2012-12 AND 2005-59, THE SABAL BAY MPUD Exhibit C, List of Deviations, of the Mixed Use Planned Unit Development Document, attached to Ordinance Nos. 2012-12 and 2005-59, The Sabal Bay MPUD, and as amended by two insubstantial changes to the PUD (PDIs) approved by Hearing Examiner Decision HEX No. 2015-09 and HEX No. 2014-08, is hereby amended to read as follows: Exhibit "C", List of Deviations Deviation 16 seeks relief from LDC Section 5.06.04.7.1 which requires a minimum separation of 1,000 feet between pole signs to allow for two (2) pole signs along the MPUD frontage on Tamiami Trail East (U.S. 41). The signs shall meet all other applicable requirements set forth in Section 5.06.00 of the LDC, except that the signs may be separated by a distance of not less than 525 linear feet as measured along the Tamiami Trail frontage Page 2 of 2 Words underlined are added; words strask thfough are deletions H:\2017\2017004\WP\PD1\Saba1 Bay MPUD (2-20-2017).docx �n�er C7 �1 .-Plt;y Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Eric Johnson, AICD, CFM, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner, Comprehensive Planning Date: August 15, 2017 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PDI - PL20170000247 R4 PETITION NAME: Sabal Bay Mixed Use Planned Unit Development (MPUD) with Insubstantial Changes (PDI) (Review 4) REQUEST: To amend Sabal Bay MPUD, approved via Ordinance #05-59, as amended via Ordinance #12- 12, to add one additional deviation regarding signage to allow for more than one Directory Sign along the commercial frontage on Tamiami Trail, for a maximum of two Directory Signs for one PUD on one public road. (The Land Development Code allows only one Directory Sign per public road.) LOCATION: The ±2,416.49 -acre site is located on the southeast side of the intersection of Tamiami Trail East (US 41) and Thomasson Drive, and north and west of the Wentworth Estates PUD; in Section 19, Township 54 South, Range 26 East and Sections 23, 24, 25, 26, and 36, Township 50 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject PUD is designated Urban, Urban Commercial District, Urban Mixed Use Activity Center Subdistrict #17, and Urban Mixed -Use District, Urban Coastal Fringe Subdistrict, and is within the Coastal High Hazard Area as depicted on the Future Land Use Map of the Growth Management Plan. The Activity Center Subdistrict is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. The Sabal Bay MPUD is approved via Ordinance #12-12 for a maximum of 1,999 residential dwelling units and 182,000 square feet of commercial. This petition is for Insubstantial changes to the Planned Unit Development (PDI) to amend the MPUD to add a sign deviation pertaining to the commercial portion of the PUD which is located in the MVAC. No changes to the PUD boundary, or in permitted uses, densities, or intensities are being requested. Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis (in hold). 2800 North Horseshoe Drive, Naples, Fl, 34104 Pagel of 2 Attachment B FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended), (Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.) FLUE Objective 7 and Relevant Policies Due to the minor changes proposed (no changes in permitted uses, densities, or intensities), and since the Sabal Bay MPUD was evaluated for consistency with the Future Land Use Element prior to the adoption of Ordinance #12-12 on March 12, 2012, staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. Based upon the above analysis, the proposed PDI may be deemed consistent with the Future Land Use Element. cc: Mike Bosi, AICP, Director, Zoning Division David Weeks, .4ICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Ray Bellows, Manager, Zoning Services Section PDI-PL2017-0247 Sabal Ba R4.dacx 2800 North Horseshoe Drive, Naples, FL 34104 page 2 of 2 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 FINDINGS OF FACT: PUD Findines: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to approval of the recommended limitation of staff, the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Attachment C Page 1 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Additionally this petition represents an amendment to an approved PUD; no acreage or intensity or density is being added. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application ofsuch regulations. The petitioner is seeking 15 deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of all deviations. Rezone FindinEs: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the Page 2 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP subject to staffs conditions of approval. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes Page 3 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Page 4 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban -designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. Page 5 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. Page 6 of 6 From: StrainMark [mailto:MarkStrain collier ov.net Sent: Tuesday, June 27, 2017 8:34 AM To: Paula McMichael; BeasleyRachel; ReischlFred CC: Bob Mulhere; Stephanie Karol Subject: RE: Sabal Bay PDI - PL20170000247 - NIM In response to the attached insubstantial change waiver request: pursuant to LDC section 10.03.06-H.2 as amended by Ordinance 2014-33, the requirement for a neighborhood informational meeting (NIM) is waived. The change requested is insubstantial and limited in scope with minimal, if any, impact on adjacent properties. Mcwk, 239.252.4446 Under Florida Law. e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, da not send electronic mail to this entity Instead Contact this office by telephone or rn writing. From: Paula McMichael [mailto:PaulaMcMichael@hmeng.com] Sent: Thursday, lune 22, 2017 10:37 AM To: BeasleyRachel <Rachel Beaslev@collier ov.net> Cc: Bob Mulhere <BobMuIhere@hmeng.com>; Strain Mark <MarkStrain collier ov.net>; Stephanie Karol <StephanieKarolehmeng.com> Subject: Sabal. Bay PDI - PL20170000247 - NIM Hi Rachel, We would like to request that the requirement for a Neighborhood Information Meeting be waived for the above -referenced petition, the Sabal Bay Sign PDI. The requested deviation to allow an additional directory sign for the commercial properties along US 41 will have limited impacts on adjacent properties, given that the commercial frontage is approx. 1,600 feet in length along US 41 and the proposed directory sign will match existing signage within the PUD. We responded to the last comment letter from staff yesterday; it is also attached for your reference. Thank you, Paula N. C. McMichael, AICP Associate, Director of Planning Dim HOLE MONTES 950 Encore Way Naples, FL 34110 Direct: (239) 254-2028 Main Line: (239) 254-2000 Facsimile: (239) 254-2099 aulamcmichael limen .com Attachment D DeselemKa From: Patricia Young <payoung3@hotmail.comn Sent: Monday, October 02, 2017 10;24 AM To: DeselemKay Subject: Just what is needed Dear Ms. Desaelem, Thank you for your earlier response. And I just received an official letter in the mail regarding the sign at the Shoppes of Hammock Cove. As a resident of the Isles of Collier Preserve, I think the sign is a definite good addition to the shopping area. As it I now, it appears that Culver's is a separate entity. The new sign will align Culvers with the other stores, and hopefully, we will get some new and attractive business(hotel, bookstore?) to build on that large parcel of land to the east of Culver's. Patricia Young 5074 Andros Drive, Naples 34113 Sent from Mail for Windows 10 CD 8Y County • Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT_CONTAC TINFORMATION;: • Name of Applicant(s): Collier Land Development, Inc. Address: 2550 Goodlette Road North City. Naples State: FL ZIP: 34103 Telephone: 239-434-4049 cell: N/A Fax: N/A E -Mail Address: VPike@CollierEnterprises.com • Name of Agent: Robert J. Where, FAICP, Vice President, Planning Services Folio #: 71750002507 Section: 19 Twp; 50S Range: 26E Firm: Hole Montes, Inc. Address: 950 Encore Way City: Telephone: 239-254-2000 Cell: N/A E -Mail Address: bobmulhere@hmeng.com Naples State: FL ZIP: 34110 Fax: 239-254-2099 6/17/2015 Page 1 of 5 Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliersov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST;INFORIV�gT10N Is the applicant the owner of the subject property? X Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. x❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) Robert D. Corina, President; Patrick L. Utter, VP; Christian Spilker, VP DETAIL OF_ REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY IN,FORMATION';71 PUD NAME: The Sabal Bay MPUD ORDINANCE NUMBER: 2012-12 and 2005-59 FOLIO NUMBER(S): 71750002507 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? 0 • N Yes ❑ No 0 6/17/2015 Page 2 of 5 0 L • Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net If no, please explain: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Has a public hearing been held on this property within the last year? ❑ Yes K No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? If yes, please describe on an attached separate sheet. 6/17/2015 ❑ Yes FE1 No Page 3 of 5 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre Applicatlon:;Meeting and Final Submittal Requirement Checklist for PUD Insubstantial Change':. Chapter 3 G 3;of the Administrative Gode The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final 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 ..aa.... L....j a..., k -+inn Ini•nmnintc ciiismittmic will not hp arrpntPll_ REQUIREMENTS.FOR REVIEW - # OF COPIES: REQUIRED NOT. . REQUIRED Completed Application (download current form from County website) 1 46 x Pre -Application Meeting notes 1 x Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 46 0 ❑ Detail of request ❑ Current Master Plan & 1 Reduced Copy ❑ ❑ Revised Master Plan & 1 Reduced Copy ❑ I FI Revised Text and any exhibits ❑ x❑ PUD document with changes crossed through & underlined ❑ Q PUD document as revised with amended Title Page with Ordinance #f x Warranty Deed -see Plat Li x Legal Description - see Plat Boundary survey, if boundary of original PUD is amended ❑ ❑ If PUD is platted, include plat book pages ❑ List identifying Owner & all parties of corporation 2 x1 El Affidavit of Authorization, signed & notarized 2 x Completed Addressing Checklist 1 x Copy of 8 % in. x 11 in. graphic location map of site - see Plat 1 x Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑ 0 ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIL HEAKING PKULUO: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 0 •CO) eY Ci M4Hty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Q Utilities Engineering: Kris VanLengen ❑ Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers ❑ Naples Airport Authority: Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan Other: City of Naples: Robin Singer, Planning Director =1 Other: FEE REQUIREMENTS (3 PUD Amendment Insubstantial (PDI): $1,500.00 ® Pre -Application Meeting: $500.00 9 Estimated Legal Advertising fee for the Office of the Hearing Examiner: 5MM $1,125 • The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN: Business Center $i, 500 2800 North Horseshoe Drive $1,125 Naples, FL 34104 $ 100 (Fire Rev) • Applicant/Owner Signature Robert J. Where, FAIC, Vice President/Agent Applicant/Owner Name (please print) $2,725 2-21-2017 - 500 (credit) Date $2,225 6/17/2015 Page 5 of 5 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) THESABALBAYMPUD I, PA;UL U • V ti 2_(print name), as V ice P2rc5-�.��''' (title, if applicable) of COLLIER LAND DEVELOPMENT, INC. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0 applicantQcontract purchaserQand 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. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize ROBERT J. MULHERE, FAICP, VICE PRESIDENT, PLANNING SERVICES 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 =Zre tru y a.--1-11 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on VIE61, Z-9 `1 (date) by ly ala,K L• U'tVK- (name of person providing oath or affirmation), as who is personally known tome or who has produced (type of identification) as identification. t\ Q , STAMP/SEAL•^.' Signature of Notary Public j 0 1PGVelerle L. Pike a �' ,Notary Public- state ofFlorida oe Commission #GG 22100 9�oF��°Expires 08/17/2020 , • .: i CP\08-COA-00115\155 REV 3/24/14 0 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coilleraov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: T= Date and Time: Assigned Planner: V0ne1''lam/ J SH Engineering Manager (for PPVs and FP's): Project information Project Name: PL #: Lai Property ID#: -7I2500CiaSQCurrent zoning: - Project Address: City: State: Zip: Applicant: • Agent Name: Agent/Firm Address: 0 Property Owner: Please provide the following, if applicable: 1. Total Acreage: fl. Proposed # of Residential Units: Phone: City: State: Zip: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. if the project is within a Plat, provide the name and AR#/PL#: i s Co er oomnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes P 1 " T r N- -t�.` Alt a . - i"' t ~-- L�7=C�JtI��+�����r *I n • • Go ler County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)ZSZ-2400 FAX (239)252-5724 Please complete the following and email to GMD—Addressing@collier.gov. net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be sighed by Addressing personnel prior to pre -application meeting please allow 3 days for Rrocessin. 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 Section, PETITION TYPE (Indicate type below, complete a separate Addressing. Checklist foreach Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change— Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (:Standard Rezone) 0 OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Section 19, Township 50S, Range 26E See Attached FOLIO (Property ID) NUMBER(s) of above (attach to, orassoclate with, legal description If more than one) 71750002507 STREET ADDRESS or ADDRESSES (as applicable, If already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) CO ger County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; Indicate whether proposed or existing) Please Return Approved Checklist By: g Email ❑ Fax ❑ Personally picked up Applicant Name: Robert J. Mulhere, FAICP, VP/Stephanie Karol, Permitting Coordinator Phone: 239-254-2018 Email/Fax: stephaniekarol@hmeng.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 71750002507 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ "" Date: 1/26/2017 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 0 • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 Pre-Applica ion Meeting Sign -in Sheet PL #: / 70000 ;Lf % Collier County Contact information: Name Review Discipline Phone Email ❑ Chris Alcorn Utility Billing 821-8136 chrisalcorn@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 2S2-2361 StephenBaluch@colIiergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@coiliergov.net ❑ Rachel Beasley Zoning Services 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Mark Burtchin ROW Permitting_252-5165 markburtchin@coijiergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney 2S2-8773 heidiashton@coiliergov.net Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@coiliergov.net ❑ Dale Fey North Naples Fire 597-3222 dalefey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@coiliergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ 5har Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 2S2-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson, AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberVer@colliergov.net ❑ Garrett Louviere Stormwater 252-2526 garrettlouviere@colliergov.net ❑ Paulo Martins Utilities 252-4285 aulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 2S2-2911 jackmckenna@colliergod.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Mondvaiz Utility Impact Fees 252-4215 glibertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@coiliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net. ❑ Jessica Huckeba CAD Technician 252-2315 JessicaHuckeba@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net CO eT County COLLIER COUNTY_ GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 ❑ Bill Pancake North Naples Fire 597-3222 billpancake@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl, Al :P Zoning Services 252-4211 -fredreischl@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Edwin Sanchez Fire Review 252-7517 edwinsanchez@coiliergov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@coliiergov.net ❑ Chris Scott, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 PeterShawinsky@coiliergov.net Daniel Smith, AICP Zoning Services 252-4312 danielsmith@colliergov.net ❑ -Ellen Summers Planning and Zoning 252-1032 EIIenSummers@colliergov.net ScottStone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Chad Sweet Transportation 252-5687 chadsweet@collierogv.net ❑ Mark Templeton Landscape 252-2475 marktempleton@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwaish@colliergov.net ❑ David Weeks, AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwill ie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email � dlr( U27) Caui�� Ep1t�tBcs�s 4�+ 4al �iPi @ v2xCES.� Im 0 J 0 • El Co er minty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 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 final 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 ..rr.... L...A + k vne+inn inPAmniratP tuhmittak will not be acceDted. REQUIREMENTS FOR REVIEW CppiES NOT REQUIRED REQUIRE Completed Application (download current form from County website) 16 Pre -Application Meeting notes 1 Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 ❑ Detail of request Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Revised Text and any exhibits FJ PUD document with changes crossed through & underlined PUD document as revised with amended Title Page.with Ordinance # Warranty Deed Li Legal Description Boundary survey, if boundary of original PUD is amended If PUD is platted, include plat book pages El List identifying Owner & all parties of corporation Affidavit of Authorization. signed & notarized 2 2 Completed Addressing Checklist 1 Copy of 8 %: in. x 11 in. graphic location map of site 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ S,,c b( ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 GARY Colunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www-cQ iersov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director Utilities Engineering: Kris Vaniengen Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers Naples Airport Authori : Ted Soliday Conservancy of SWFL: Nichole. Ryan Other: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS PUD Amendment Insubstantial (PDI): $1,500.00 2- 25 r Of Pre -Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $WS -00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN: Business Center • 2800 North Horseshoe Drive Naples, FL 34104 Applicant/Owner Signature Date Applicant/Owner Name (please print) 6/17/2015 Page 5 of 5 C7 0 • • CA&T County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieraov.net (239) 252-2400 FAX: (239) 252-6358 If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑ No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes If yes, please describe on an attached separate sheet. 6/17/2015 ❑ No Page 3 of 5 JUSTIFICATION AND NARRATIVE PDI -• SABAL BAY MPUD REVISED 5-18-2017 Backizround_: Sabal Bay MPUD was approved by the Collier County Commission on November 15, 2005. The PUD is 2,426-08 acres in size and allows for up to 1,999 dwelling on 1,585 acres as well as several other non- residential uses, include some 75 acres of commercial development allowing up to 200,000 square feet of retail, 60,400 square feet of office and 250 hotel rooms. The commercial development is primarily located along the U.S. 41 frontage (Tracts COI, CO2, and CO3, depicted on the FUD master plan). All of the commercial tracts have been platted (Sabal Bay Commercial Tract). PUD Tract C01 is fully developed. Tract CO2 is partially developed. Tract CO3 has one outparcel developed. SABAL BAY MPUD.,--,,e t ( t 141"Iy uwep 11 MPUD MASTER PLAN �wr�■ ,°�". RGS 7 AL Commercial Tracts along Tam iami Trail East ti u „ at w Requested Insubstantial Change to the PUD PUD Exhibit C provides for deviations from the LDC, including deviations from certain sign regulations (Section 5.06.00), but does not provide for a specific deviation that would allow for more than one Directory Sign along the PUD's commercial frontage on Tamiatni Trail. The LDC defines Directory Sign as follows: Directory sign: A sign located at the entrance to a multiple -occupancy parcel or multiple parcels developed ander a unified plan of development. This sign may be a f •eestanding (pole, monument or grow7d), awning or wall sign. Section 5.06.04.F.3. reads as follows: Directory Signs. Multiple -occupancy parcels or multiple parcels developed under a unified depelopment plats, with a minimum of 8 independent units, and containing 20 ,00 square feet or more of leasable floor area �Il permitted I directory sign at one entrance on each public street. a. The maximum height for directory signs is limited to 20feet. Height shall be measured f►'oin the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign sttucture. I H:U0 F 7120 t 70041WPTDn 1st ResubmittaNustification and Narrative 05-18-17.docx b. Directory signs shall not be closer than 1❑ feet corn line, unless otherwise noted below or as .f the P ro pert3 provided far in section 9.03.07. c. Maximunr allowable sigh area: 100 square feet for directory signs. d A nrininnum 100 square foot landscaping area shall be provided around the base of any directory sign. By definition, a Directory sign may be a pole, monument or ground sign. One Directory sign exists at the entrance to the Shops at Hammock Cove, between PUD Tracts CO2 and CO3, and another Directory sign exists at the Thomasson Drive entrance to the Shoppe at Hammock Cove. This deviation would allow for a third Directory sign to be located on US 41 (Tatniami Trail East) at the entrance to the next phase, as depicted below. Thomasson Drive Entrance Tamiami Trail East Entrance Shoppes at Hammock Cove Shoppes at Hammock Cove The commercial frontage of the Sabal Bay MPUD along Tamiami Trail (U.S. 41) is 1,550+- feet. This PDI seeks to allow for one additional Directory Sign, to be located at the entrance to PUD Commercial Tract CO3. The proposed location is depicted below. The ingress/egress design at this location anticipated one additional Directory sign at this location, similar in size and scale to the two existing Pole Signs (see pictures above), The following language (un-derlined) is proposed to be added to the Sabal Bay PUD, Section 2.17 Justifleation• As stated, there are two existing Directory signs; one is located at the project entrance to the Shoppes at Hammock Cove on Thomasson Drive, and one is located at the project entrance to the Shoppes at Hammock Cove on Tamiami Trail East. This request is to allow another pole sign at the second entrance (to serve the next phase of the Shopping Center development, approximately 525 feet to the east on Tamiami Trail East. In hind sight, this request should have been made at time the Sabal Bay MPUD was approved in 2005; however, the need for the additional sign really became clear once the commercial 2 HA20171201700AWP1i'1 AIA Resubmittalll Afication and Narrative 05-18-17.docx commercial frontage on Thomasson and Tamiami Trail • tracts were platted. The Sabal Bay MPUD c e g combined) contains more than 2,500 linear feet or road frontage. The additional Directory sign is necessary to allow for reasonable signage to support the uses located within this phase of the commercial development. This is a master planned community and the signage will be consistent with the existing sign design and will meet all required dimensional standards of the LDC. The requested sign will enhance the marketability of the parcels located in this phase of the commercial development and will allow easy identification of the businesses within this phase for the public seeking to locate such businesses. • 3 H:\2017\2017004\WP\PDI\lst ResubmittaMustiScation and Narrative 05-18-17.doex LOW EPCIsting y i DIrectory Sign Proposed •t 1 Approx.y'.. �� �8�,} fir• ` . �yN' � '� �x f +'�L� rte. L v V. Approx. 950' X. Approx. 525' f i ' �- 'ry'4 - ' �,{ ti ,f, may! � •...moi f r f �y • HEX NO. 2015 — 09 HEARING EXAMINER DECISION PETITION NO. PDI-PL20140002103 — CDC Land Investments, Inc., Collier Land Development, Inc., and Fifth Third Bank request an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development ("MPUD"), Ordinance No. 05-59, as amended, to increase the maximum total size of office space in the Commercial/Office Tracts C/01 and C/02 from 40,000 to 60,000 square feet, and decrease the maximum total size of retail or other commercial uses in Tracts C/01 and C/02 from 142,000 to 122,000 square feet; and to amend Exhibit A, the MPUD Master Plan, by adding an additional access point for Tract C/Ol: The subject property is located south of Thomasson Drive, south and west of U.S. 41, and north and west of Wentworth PUD, in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416 f acres. DATE OF HEARING: March 12, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: • Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. ANALYSIS: At the Neighborhood Informational Meeting (NIM) two members of the public were in attendance. After the applicant's presentation at the NIM, there were no questions from the public. No members of the public were in attendance at this hearing and no letters of objection have been received. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140002103, filed by R. Bruce Anderson, Esq. of Roetzel & Andress, and Burt L. Saunders, Esq. of Gray Robinson, representing CDC Land Investments, Inc. and Collier Land Development, Inc. and Fifth Third Bank, with respect to the property as described in the Sabal Bay MPUD, Ordinance No. 05-59, as amended, for the following insubstantialchanges: • to increase the maximum total size of office space in the Commercial/Office Tracts C/01 and C/02 from 40,000 to 60,000 square feet; • to decrease the maximum total size of retail or other commercial uses in Tracts C/01 and • C/02 from 142,000 to 122,000 square feet; and • to amend Exhibit A, the MPUD Master Plan, by adding an additional access point for Tract C/O 1. (14 -CPS -01394/1150921/1136 1 of2 Said changes are fully described in the Sabal Bay MPUD amendment and Master Plan attached as Exhibit "A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A — MPUD Amendment and Master Plan LEGAL DESCRIPTION: See Ordinance No. 05-59, as amended, the Sabal Bay MPUD. CONDITIONS: 1. The new access point on Thomasson Lane is not restricted from pursuing a full access as a condition of approval. However, operational conditions assessed at the time of Site Development Plan (SDP) submittal may require a turn lane, and/or preclusion of the left- in/left-out turning movements. In accordance with LDC section 6.06.01.C.1 "nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point." 2. During review of the SDP or subsequent Right -Of -Way (ROW) permit approval, the County may require a performance guarantee, such as a bond or letter of credit, be posted by the applicant in order to provide for closure of the left -in or left -out movements. An operational review may be performed by the County within the first 18 months after issuance of the Certificate of Occupancy. If upon review of the results of the operational review, the County determines it is necessary to close the left -in or left -out movements, the county may call on the performance guarantee in order to pay for the cost of installing the appropriate driveway barriers to preclude left-in/left-out turning movements. 3. The new driveway location must be located such that it provides approximately 125 feet (no more than 10% measured from the centerline of the driveway), in each direction, to the nearest intersection. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL. USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date Marlt Strain, Hearing Examiner Appr ved as ❑ form and legality: Seo A. Stone Assistant County Attorney [14 -CPS -0 139411150921/1136 2 of 2 Section V, entitled "Commercial/Office," of the PUD Document attached to Ordinance 05-59, as amended, the Sabal Bay Mixed Use PUD, is hereby amended as follows: i 5.2 MAXIMUM COMMERCIAUOFFICE SQUARE FEET The 50 t acre Commercial/Office Areas (Tracts C/01, C/02 and C/03), shall be developed with an amount of commercial/office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the C/O1 and C/02 shall not exceed 142,000 122.000 square feet of retail and 40,00 60.000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed-use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and/or subdivision plat review process. Exhibit A, the MPUD Master Plan, of the PUD Document attached to Ordinance 05-59, as amended, the Sabal Bay Mixed LJse PUD, is hereby repealed in its entirety and replaced with Exhibit A, attached hereto and incorporated herein. Words underlined are additions; words stmak tkefth are deletions Revised 1218/2014 Exhibit A to HEX No. 2015-09 Page 1 of 6 FTI x rr w O tD 2 Nm o x h 4m o Amerded Master Plan PLANE FOR SABAL BAY MPUD SECTION 25, AND PORTIONS OF SECTIONS 23, 24, 26. AND 36, TOWNSHIP 50 SOUTH RANGE 25 EAST, AND A PORTION OF SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA I%r A PROJECT OMM BY CDC LAND INVESTMENTS, INC. AND COLLIER LAND DEVELOPMENT, INC. 2= QOODLETIE ROAD NAPLES, FL 3413 PHONE LOCATION MAP SITE MAP WiftftMil/er Exhibit'A' Page 1 of 5 INDEX • 0 10 m x �D UE; k C)o N 0 0 � 0 Amended Master Plan Exhibit'K Page 2 of 5 N O in O co Amended Master Plan Exhibit'A' Page 3 of 5 • • M x m o 0 M x h wo 0 Amended Master Plan ,•tip+� moi`"=-,•; ',/,.:;= . Exhibft 'A' Page 4 of 5 K) 40 IT 40 co Amended Master Plan WMF r*!Cm twF SECT SECTION 57 %S-7 ftWT i IYPCN Exhibit "A" Page 5of5 SECTION -W� 0 0 HEX NO. 2014 - 08 HEARING EXAMINER DECISION PETITION NO. PDT-PL20130002234 — Minto Sabal Bay, LLC, is requesting an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD), Ordinance No. 05-59, as amended, to change the development standards for accessory and principal structure setbacks from lake easements, and to provide for additional signage, including internal project identification flags on light poles within the project. The subject property is located south of Thomasson Drive, south and west of U. S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416+ Acres. DATE OF HEARING: April 10, 2414 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the bearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 14.02.13 E.2 of the Land Development Code has been met and the petition should be approved. DECISION: The Hearing Examiner hereby approves Petition Number FDI-PL20130002234, filed by Chris Van Buskirk of Barraco and Associates, Inc. representing Minto Sabal Bay, LLC, with respect to the property as described in the Sabal Bay MPUD, Ordinance No. 05-59, as amended, for the following insubstantial changes: ■ to revise PUD Section 2.17, Signage, to allow project identification flagpole signs internal to the development; and • to revise PUD Section 3.5, Development Standards, by modifying footnote one to allow both principle and accessory uses and structures a zero foot setback from the lake maintenance easement limit/line. Said changes are fully described in the staff report, and in the Sabal Bay MPUD amendment and Signage Plan and Single Family Lot Detail attached as Exhibit "A". The findings for the original PUD were reaffirmed and included as Exhibit C to the public hearing and accepted as a part of this review. ATTACHMENTS: Exhibit A — MPUD Amendment and Signage Plan and Single Family Lot Detail. LEGAL DESCRIPTION: See Ordinance No. 05-59, as amended, the Sabal Bay MPUD. i of 2 APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date 13 -CPS -01273123 2 of 2 Mar Strain, Hearing Examiner Appy : as to f legality: Scott A. Stone Assistant County Attorney • • • Text Amendment to Ordinance No. 12-12 Section II Project Development 2.17 Signage A. General EXHIBIT "A" Page 1 of 4 All signs shall be in accordance with section 5.06.00 of the LDC except in the following instances. 1. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade. These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the Owners' name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from the Subsection 5.06.02.8.6 of the LDC, which limits such signs to 64 square feet. 2. Two ground signs are permitted for each project entrance (on US 41, Thomasson Drive, Hamilton Avenue and Bayshore Drive), and shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development and the Owners' name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Section 5.06.02 and 5.06.04 which limits such signs to 64 square feet. 3. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit W). The sign face area for such boundary markers shall not exceed 64 square feet in area and EXHIBIT "A" Page 2 of 4 • shall not exceed the height or length of the monument on which It Is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the Owners' name and logo. 4. In the case of commercial development within the RECNC District, which is Internalized within the MPUD, and in consideration of mixed-use and/or neo- traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. S. Traffic signs, such as street signs, stop signs, speed limit signs, Internal directional signs, and the like, shall be designed to reflect a common i architectural theme. The placement and size of such signs shall be in accordance with the LDC, or other applicable County regulations. _ I 6. Proiect.identification flagpoles may be located throughout proiect. internal protect identification flagpoles must be located on light poles shall not exceed 8 square feet ( 34" height 30" width) and must be setback a minimum of 20' from a public right of way. Flagpole sign text and graphical representation may be altered from what is shown on Exhibit 'D". Signage Plan and Single Family Lot Detail. Future development phases will follow similar intensities and freguency as the sign placement represented on Exhibit "D". EXHIBIT "A" Page 3 of 4 Text Amendment to Ordinance No. 12-12 Section III Residential 3.5 Development Standards Table I: Sabal Bay MPUD Development Standards for'RG' Residential Area ACCESSORY STRUCTURES Rear' '1 Setback from lake easements for all aesesswy uses and structures may be 0 feet. Setback from preserve shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. 0 PROJECT IDENTIFICATION FLAGPOLES 34'X 30" (TO BE HUNG ON STREETLIGHT POLES) SINGLE FAMILY LAKE EASEMENT TYPICAL LOT DETAIL zl .r-% see Akmwffy PLAN FOR MN LOCATION C`-1 O In NOTES 0 1. ALL PROJECT IDENTIFICATION FLAGPOLES LOCATED ALONG TAMIAMI TRAIL (LIS 411 SHALL BE LOCATED ONPWIT HIN THE ISLES OF COLLIER PRESERVE PROPERTY AND NOT WITHIN THE {' US 41 RIGHT-OF-WAY. 2. PROJECT IDENTIFICATION FLAGPOLE LOCATIONS ALONG TAMlAMI TRAIL (US41) ARE RESTRICTED TO THE NUMBER AND APPROXIMATE LOCATION SHOWN ON THIS SIGNAGE PLAhi. 3. PROJECT IDENTIFICATION FLAGPOLES AND SIGNAGE SIZE S4AI.L NOT EXCEED THE SIZE AS DEPICTED ON THIS SIGNAGE PLAN - 4. PROJECT IDENTIFICATION FLAGPOLE TEXT AND GRAPHICAL REPRESENTATION MAY BE ALTERED FROM WHAT IS SHOWN ON THIS SiGNAGE PLAN. arraco SIGNAGE PLAN AND SINGLE FAMILY LOT DETAIL �aa.�ocl.mm,><RG ISLES OF COLLIER PRESERVE f ��a EXHIBIT IID" EXHIBIT "A" Page of4 E N�) s W 0 200 400 SCALE IN FEET u�rpn uvom LOGT�I NriMONiiMR p NRNOTN MAR 2 8 2011. By 406 =4 ORDINANCE NO. 12-12 r�T• AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 05-59, THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT, BY AMENDING THE PUD DOCUMENT, EXHIBIT U A, TO PROVIDE FOR: CHANGES IN DEVELOPMENT STANDXADSQg INCLUDING RIGHT OF WAY WIDTHS AND SI1)EW9Q-kS; == ADDITION OF GENERAL PERMITTED USES TO INC)VDE OUTSIDE STORAGE FACILITIES; REMOVAL OF GOLF W3 A'— PERMITTED "PERMITTED USE; ADDITION OF CAR WASH, POST OFWE, _, DOCKS AND ELECTRIC BOATS AS ALLOWABLE USES RECREATION/VILLAGE CENTER TRACT; INCREASE c -`OF PRESERVE BY 45 ACRES; INCREASE IN FLOOR AREA RATIOWOR ADULT LIVING FACILITY AND INCREASE IN HEIG-kfiT; REMOVAL OF AFFORDABLE HOUSING AND REMOVAL OF BALD EAGLE MANAGEMENT PLAN AND GOPHER TORTOISE RELOCATION MANAGEMENT PLAN ON PROPERTY LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U. S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY IN SECTIONS 23, • 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. • 7F- �S WHEREAS, on November 15, 2005, the Board of County Commissioners approved Ordinance No. 05-59 which established the Sabal Bay Mixed Use Planned Unit Development (PUD); and WHEREAS, Margaret Perry of Wilson Miller Stantec and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing CDC Land Investments, Inc. and Collier Land Development, Inc., petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance No. 05-59, the Sabal Bay Mixed Use Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Sabal Bay MPUD/PUDA-PL2011-47 Rev. 3/13/12 Page I oft SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT EXHIBIT A OF • ORDINANCE NO. 05-59 The PUD Document, Exhibit A of Ordinance No. 05-59, is hereby amended and replaced with Exhibit A attached to this ordinance amendment. SECTION TWO: REMOVAL OF APPENDIX A OF THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 Appendix A of the PUD Document, Exhibit A of Ordinance No. 05-59, which contains the Bald Eagle Management Plan, is hereby deleted 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 13 day of , 2012 ATTEST: BOARD OF COUNTY COMMISSIONERS • DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA W. g ^ By: y Clerk FRED W. COYLE, Cha' an • �4�t . _ few Apprc;¢:i and legal sufiit iency: �12. W Steven T. Williams This ordinance filed with the ry of 5 's ffi e t e Assistant County Attorney �ay of __ Mue and ocknowledgernentetd4 that Attachment: Exhibit A -PUD Documentfilld xhi day of!� By"eputy CP\ 11 -CPS -01 105\90 • Sabal Bay MPUDIPUDA-PL2011-47 Rev. 3/13/12 Page 2 of 2 Sabal Bay A MIXED-USE PLANNED UNIT DEVELOPMENT 2,416.8849 +/- Acres Located in Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida PREPARED FOR: CDC Land Investments, Inc. and Collier Land Development, Inc. 2550 Goodlette Road North, #100 Naples, FL 34103 PREPARED BY: Rebe c .fir. M RwFet, i ICP; D �I—icT i,iie. 6610 A411ew Pafk Drive, Suite 20-0 Naples, Fb 3 isWilsonMiller Stantec 3200 Bailey Lane, Suite 200 Naples. FL 34105 • P.A. 4001 TafniaFFA Tmfl?hiefffi, Suite 300 Naples Fr M103 Roetzel and Andress 850 Park Share Drive, Trianon Centre. 3d Floor Naples, FL 34103 EXHIBIT "A" DATE REVIEWED BY CCPC DATE REVIEWED BY BCC ORDINANCE NUMBER AMENDMENT AND/OR REPEAL Words underlined are additions; words stFusk thmugh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 12-15-2011 3-1-3-9019 2012-12 AMEND 200-59 • TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, PROPERTY !1[Sn. RSRP, p, 1-1 GENERAL DESCRIPTION, AND DENSITY SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL/GOLF ("R/F") 3-1 SECTION IV RECREATIONNILLAGE CENTER ("RECNC") 4-1 SECTION V COMMERCIAUOFFICE ("CO") 5-1 SECTION VI PRESERVE ("P") 6-1 SECTION VII PUBLIC FACILITIES ("PF") 7-1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8-1 EXHIBIT A MPUD MASTER PLAN EXHIBIT B LEGAL DESCRIPTION EXHIBIT C APPENDIX A SCHEDULE OF DEVIATIONS BALD EAGLE MANAGEMENT PL.1% i Words underlined are additions; words StFUGk thFough are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 • STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, WC! r,,.,,..,upAties, !He., (WCI),-and CDC Land Investments, Inc., and Collier Land Development, Inc., hereinafter referred to selleefivel} as the develepeOwnersto create a Mixed -Use Planned Unit Development (MPUD) on 2,416.0549 +/- acres of land located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay. The development of Sabal Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the GMP goals, objectives and policies, and with the n„n.e= County Land Development C a (LDC)-, and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe Sub -District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe Sub -District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. a) The proposed residential density of Sabal Bay is 446 0.85 dwelling units (DUs) per acre, 1,999 units/438 -2,350 acres, which excludes the , 1.00 aere East Naples Fire Centre! a Reseue Distiiet site, -,c n, 50 acres of commercial uses, 426.0 , and the 16 acres of recreation/villawe center uses 71,-n-67 aero •of tidal wedamis. This density is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject property is four (4) DUs per acre. Due to the project's location within the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density permitting a maximum density of three (3) dwelling units per acre. b) The maximum combined density and intensity within this PUD shall not exceed the Development of Regional Impact (DRI) thresholds for mixed-use developments, established for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a maximum of. one -hundred and sixty percent (160%) of any combination of the individual DRI thresholds for three or more uses, including residential, office, and retail, and mel uses, and no single use exceeds one -hundred percent (100%) of the DRI threshold for that use. Further, in no case shall commercial uses, inclusive of the existing 87,038 101,894 square feet of existing commercial development, exceed the following: 250 hotel rooms; 200,000 square feet of retail; and, 60,000 square feet of office. c) The undeveloped and developed commercial acreage is consistent with the provisions of the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive. d) Commercial uses within the Recreation/Village Center District are consistent with FLUE Map -11, which identifies existing zoning consistent with the FLUE by Policies 5-9, 5-10, 5- 11, and 5-12. Moreover, the area and allowable uses within the Recreation/Village Center District are consistent with the provisions set forth in Policy 5.1. • ii Words underlined are additions; words std thmugh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047— 3/13/12 3. The Sabal Bay P MPUD is compatible with and complementary to existing and future • surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of the FLUE. 5. The development of the Sabal Bay MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10, of the LDC. Transportation concurrency is partially vested in that the Developer is Owners are entitled to a Certificate of Adequate Public Facilities for transportation concurrency for 1,766 dwelling units, upon compliance with the provisions set forth in the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, and further amended on April 22, 2008 and June 22, 2010 between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. 8. By virtue of compliance with the provisions of Chapter 6, of the LDC, the project will also implement, and further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary • Sewer Sub -Element, and Objective 1.5 of the Recreation and Open Space Element. 9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6.1.1 of the Conservation Coastal Management Element in that native preserves will be incorporated into the project design. 10. The development's commitment regarding the Lely Area Stormwater Improvement Project (Section 8.6(E) of this Document) is consistent with and furthers Policy 1.3.4 of the Drainage Sub -element of the Public Facilities Element in that it improves the existing Lely Canal drainage facility. SHORT TITLE This ordinance shall be known and cited as the "SABAL BAY PUD MIXED-USE PLANNED UNIT DEVELOPMENT ORDINANCE". iii • Words underlined are additions; words stFUGk t#Fough are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 • SECTION I LEGAL DESCRIPTION, OMWERSMP, AND GENERAL DESCRIPTION, AND DENSITY 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownffship of the Sabal Bay MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The subject property referred to within this Document as "project site" and "project area", is comprised of 2,416.8849 +/- acres, and located within Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, and is legally described as: See Exhibit `B" 1.3 GENERAL DESCRIPTION OF PROPERTY • A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The property is generally located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in the western portion of Collier County. B. The zoning classification of the subject property, at the time of the MPUD application is PUD, A - Agriculture, and A -ST — Agriculture Special Treatment Overlay. C. Elevations within the subject property are approximately 8 to 11 feet above MSL. Pef FEMA Finn -Map zPanel No '-12006-x70 581 F12nnc�5g2 F 120060 583 � ozrrtvr�v zrzsvv�rrv-�a�-a� 1200670 584 E, aFA 1200670 605 > doWd ug > s the Sabal Bay prop it leeated-Aidii., AE 8 11 of the FEMA fla imumnee Fate Finished floor elevations within the Sabal Bav development will be set in accordance with the FEMA Flood Elevation or SFWMD ERP in effect at the time of development permitting, whichever is greater. D. A large portion of the subject property contains native vegetation habitats of varying quality. The property also contains a significant amount of jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Subsection 10.02.02(A) of the LDC, and provisions for on-site preservation of higher quality wetlands, interspersed with uplands, are incorporated into the design of the conceptual master plan, and overall water management system. The Saba] • Bay MPUD contains a wide variety of vegetative communities inventoried and 1-1 Words underlined are additions; words StFUGk thFOUgh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 - 3/13/12 mapped in the EIS. The site has been designed to provide for onsite protection of • habitat for listed species. E. The soil types on the subject property include a variety of hydric and non -hydric soils listed in EIS. F. The subject property is located within the Collier- County Water- M&-Agefn D t . HeadeFsen Greek [S/.,ter-she t I ely Main Canal Lely Manor Canal and Miscellaneous Coastal drainage basins. G. A portion of the subject property is located within the City of Naples Water Service District. H. The subject property is partially developed pursuant to the January 7, 2002 Preliminary Development Agreement (PDA) with the State of Florida's Department of Community Affairs to allow development on 83 acres of the property within Collier County. 1.4 DENSITY A. A maximum of 1999 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office (C/O) development; and Village Commercial (REC/VC`, t'a ' �t'"nds, and "'"'�"" • right" of =„nus is approximately 4585 2,350 acres. The gross project density shall be a maximum of 446 0.85 dwelling units per acre. 1-2 • Words underlined are additions; words rAFuGk thFOUgh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3113/12 • • • SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Sabal Bay MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Sabal Bay MPUD will be a mixed-use planned unit development. The MPUD will incorporate residential, gelt; commercial, recreational, and preserve land uses. The northeastern portion of the property along US 41 is located within Activity Center #17 and shall allow for commercial/office uses. There currently exists 87,938 101,894 square feet of retail development within the MPUD authorized to be constructed pursuant to a PDA between Collier Development Corporation and the State of Florida Department of Community Affairs. The other uses shall be distributed throughout the remainder of the MPUD property, as set forth on the MPUD Master Plan (Exhibit A). Access to the property shall be from East Tamiami Trail (US 41), Thomasson Drive, Hamilton Avenue and Bayshore Drive. The project will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. B. The MPUD Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual, residential, commercial, recreational areas, water management features, and tract development areas shall be determined at the time of site development plan (SDP) and/or subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sabal Bay MPUD shall be in accordance with the contents of this MPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect at the time of issuance of any development order to which said regulations authorize the construction of improvements, such as but not limited to subdivision plat, SDP, excavation permit and preliminary work authorization. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 2-1 Words underlined are additions, words StFUsk through are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 B. Unless otherwise defined herein or as necessarily implied by context, the definitions • of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this MPUD shall be subject to the Adequate Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the LDC. At this time, 1,766 residential units are vested for transportation concurrency pursuant to the terms of the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, and amended April 22, 2008 and June 22, 2010, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. In addition, 9-7-,M 101,894 square feet of commercial development exists within the MPUD boundary. D. Unless modified, waived or excepted by this MPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this MPUD. E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Section 10.02.04 and Appendix B) shall apply to the Sabal Bay MPUD, except where an exemption or substitution is set • forth herein or otherwise granted pursuant to Subsection 10.02.02(B) the LDC. G. The Site Development Plans Section of the LDC (10.02.03) shall apply to the Sabal Bay MPUD, except where an exemption is set forth herein or otherwise granted pursuant to Subsection 10.02.03(B) of the LDC. H. Recognizing that the MPUD Master Plan does not designate specific dwelling unit types, the type of dwelling unit which characterizes the initial development of any platted tract or phase of a platted tract shall be carried out throughout the development of that tract or phase. I. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds for a mixed-use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date the MPUD is approved. The project shall be monitored through the PUD monitoring process on an annual basis and during SDP and/or subdivision plat review process, as may be applicable. 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately and/or CDD owned and maintained, except for Thomasson and Xer-ie Drive Cardinal Way, which will be public roads. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or • 2-2 Words underlined are additions; words stFUekthFaUgh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 • excepted by this MPUD or approved during subdivision plat approval. The develeper Owners reserves the right to request substitutions to design standards in accordance with Subsection 10.02.04(A)(3) of the LDC. The develepe Owners retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the develepeF Owners on all internal and privately owned and maintained project roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10 of the LDC with the following substitutions: 1. Streets and access improvements a. Street Right -of -Way Width: At the discretion of the develeper- Owners, the minimum right-of-way width to be utilized for local streets and cul-de- sacs may be fifty feet (50'), a deviation from LDC Subsection 6.06.01(0) that requires rights -of- way for local roads to be at least sixty feet (60'). Drive aisles serving multi -family tracts shall not be required to meet this standard. Additionally, in specific cases where development roadways cross potential wetland or upland preserves, the Owners shall have the ability to reduce the required right-of-way width below the current 50 -foot minimum to a width of no less than 40 feet. b. Dead-end Streets: Cul-de-sacs may exceed a length of one thousand feet • (1,000'), a deviation from LDC Subsection 6.06.01(J) that limits cul-de-sacs to 1,000 feet. c. Reverse Curves: Tangents between reverse curves are not required for any local street design in this MPUD. A deviation from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. d. In specific cases where development roadways cross potential wetland or upland preserves, the Owners shall have the ability to utilize rip -rap backslope treatment with a slope no steeper than 2:1, and for a maximum height of 36 inches for the length of the roadway crossing;, a deviation from Section 4.06.05.j. Owners may utilize structural retaining wall to minimize potential wetland or upland impacts for backfill elevations exceeding 36 inches in height for the length of the roadway crossing. In these specific__ cases, a guard rail system designed to withstand vehicular impact will be provided. • 2-3 Words underlined are additions; words s!FUGk thMugh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047— 3/13/12 IDEWALKS/BIKEPATHS BIKE LANES • 2.5 S , 2.6 2.7 A. Sidewalks: All privately and/or CDD owned roads internal to the Sabal Bay MPUD edw dwa le" reads shall have a minimum six five foot (b 5') wide sidewalk on both sides of the street as illustrated on Exhibit A, or a minimum ten foot (10') wide pathway on one side of the street which may meander in and out of the right-of-way. This constitutes a deviation from LDC Subsection 6.06.02.A which requires arterial and collector roadways to_provide a six foot (6') wide sidewalk on both sides of the street. B. Bike lanes sh9l be pfevided en both sides ef eelleeter- and afterial stFeet—s. C:B. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right-of-way serving the adjacent residential tract. 2. Sidewalks may be located outside platted rights-of-way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount • equal to the encroachment at the point of encroachment. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22-122(aj) of the Collier County Code of Laws and Ordinances maybe reduced subject to the provisions established in Section 22- 122(ai) of the Collier County Code of Laws and Ordinances. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 22-122(e3) of Collier County Code of Laws and Ordinances, and subject to permit approval from the South Florida Water Management District. Removal of fill and rock from the Sabal Bay MPUD shall be administratively permitted to an amount up to ten (10) percent per -lake (20,000 cubic yards maximum), unless the project is issued a commercial excavation permit. FILL STORAGE Fill storage is generally allowed throughout the Sabal Bay MPUD. Fill may be transported and stockpiled within areas that have been disturbed E or farmed. Prior to stockpiling in these locations, the develeper Owners shall notify the Community Develepinent County Manager or his desiammee and shall demonstrate compliance with the following standards: 1. Stockpile maximum slope: 2:1 2. Stockpile maximum height: Thirty Feet (30') • 2-4 Words underlined are additions; words StFUGk l FOUgh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 • 3. Fill storage in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Area Surface Drainage Improvements Project. 4. Soil erosion control shall be provided in accordance Subsection 10.02.02.0 of the LDC. 5. Stockpiles with side slopes greater than 4:1 shall be fenced with childproof fencing. 2.8 USE OF PRIVATE AND/OR CDD RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.9 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES A. Models, sales/rental centers and other uses and structures related to the promotion and sale, resale, and/or rental of real estate andAwtal€/-sports memberships such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to • the requirements of Chapters 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC. Such temporary use permits shall be valid through the life of the project with no extension of the temporary use permit required. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and, where required, associated SDP or site improvement plan (SIP) application(s) for residential models, shall be submitted, and approved pursuant to Chapters 4.05.00, 4.06.00, 5.06.00, and 5.04.04 of the LDC, with applications for the subdivision plat. The location of the model units within a future platted lot shall be depicted on the SDP or SIP, as the case may be. All model units shall be located on lots that will be platted through subsequent development order approvals, and shall comply with all development standards applicable to said lots. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the Sabal Bay MPUD andAw-gel€-aad sports club memberships. The use ef a peftion of the elubhouse as —a temperwy sales f6eility shed! eease when the pr-ejeet is released to the eentrel ef-the 2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER • PLAN 2-5 Words underlined are additions; words StFurk thmugh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 • Changes and amendments may be made to this MPUD Ordinance, MPUD Master Plan as provided in LDC Subsection 10.02.13.E. Minor changes and refinements as described in Section 8.3 C of this Document, may be made by the develepe Owners in connection with any type of development or permit application required by the LDC. 2.11 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a Community Development District (CDD) established pursuant to Chapter 190, Florida Statutes, or by a property owners' association. For those areas not maintained by a CDD, the develepeF Owners will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Sabal Bay MPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered berms: • a. Perimeter: 3:1 b. Internal to project: 3:1 3. Other slope stabilizing materials and landscape features, including natural or manmade rock features and geotextile mats, where necessary, excluding rip rap: 1:1 4. Structural walled berms: vertical B. Fence or wall maximum height: Perimeter fences or walls and fences and walls separating commercial uses in the CO I, CO2 and CO3 areas from residential areas shall be permitted at a height of up to eight feet (8'), as measufed fiem the finished grade e n t_p of a berm of up to four feet (41. This constitutes a deviation from Subsection 5.03.021'.0 of the LDC gFade, of the gretmd at the base of the wall. For- the pufpes of d& the ere%% elevagenrot the nea st-e9fissmgiead. i t-the-iene wall is cvnsiiueted on --a perkneter landseape—beim,— the befm eembinatien shall net be higher- dma 8 feet fiem the firished grade. 2. All other fences or walls shall not exceed a height of six feet (6') as measured from the finished floor elevation of the nearest residential structure. Fences or walls constructed on a landscaped berm shall not exceed • 2-6 • Words underlined are additions; words s#Fusk-Neagh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 • a height of six feet (6), as measured from the top of the berm and the combination of berm and fence shall not exceed eight feet (8'), as measured from existing grade. 3. Entrance features, which are an integral part of security and access control structures such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures, not to exceed 35 feet. C. Pedestrian sidewalks and/or bike paths and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Chapter 4.06.02 of the LDC. Water management systems, and drainage structures, shall be permitted within a required buffer as provided in Subsection 4.06.021)(4) of the LDC. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Policy 5.6 of the FLUE of the Collier County GMP. B. The Saba] Bay MPUD is a planned community and shall be developed under • unified control. The develepeOwners will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sabal Bay MPUD except in the Preserve Area. General permitted uses are those uses which generally serve the develepeF Owners and residents of the Sabal Bay MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Water management facilities and related structures. 2. Irrigation treatment and distribution facilities. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. • 2-7 Words underlined are additions; words stFUsk tom# are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the develeper Owners and develeper's Owners' authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this Document. 9 Outside storage areas for recreational vehicles trailers and similar uses for the use by the project's residents and guests excluding_ boats in the R5 area only. If this use is provided the Owners shall install an eight foot (8') high wall or fence on top of a four foot (4') berm for screening/buffering purposes prior to any storage use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from MPUD boundary: See Table I, Section III, Development Standards. Minimum distance between unrelated structures — Ten feet (10') 4. Maximum height of structures — See Table I, Section III Development Standards. 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of SDP approval. 2.15 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed-use residential projects maintain open space at a minimum of 30% of the entire MPUD. The MPUD Master Plan identifies preserves, 2-8 Words underlined are additions; words cAFuslEthmugh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 • • lakes, recreation tracts, including pelf eeur-se afea;-and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Subsection 4.02.01B of the LDC for mixed-use developments. 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 559.52 537.61 acres (25% of the 2,238.07 2,150.45 +/- acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal 36°6 61% +/- (1,256.24 1,302 acres) of the 2,238.07 2,150.45 +/- acres of native vegetation occurring on site, will fully satisfy the native vegetation requirements of Collier County. No other vegetation relocation or revegetation is required. Of the 2,416.9849 f acres on the project site, 178.01 266.04 f acres are not considered habitats with native vegetation present. Those habitats not included as native vegetation habitats include commercial uses, open water, cleared lands, and agricultural lands. Of the remaining habitat types, exotic plant species coverage was not evaluated according to canopy coverage alone; therefore, these habitats are not excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP. Since the on-site preserve will exceed the • GMP requirement, the applicant has elected not to further evaluate native habitats on-site to exclude them from this requirement. 2.17 SIGNAGE A. GENERAL All signs shall be in accordance with Section 5.06.00 of the LDC except in the following instances. 1. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade. These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the develeper-s Owners' name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from Subsection 5.06.E 02.B.6 of the LDC, which limits such signs to 64 square feet. 2. Two ground signs are permitted for each project entrance (on US 41, Thomasson Drive, Hamilton Avenue and Bayshore Drive), and shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, • insignia or motto of the entire development, and the de�:�rope 'sOwners' 2-9 Words underlined are additions; words Stkir*-thFOUgh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 name and logo and shall be architecturally compatible with the landscape • buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Section 5.06.05 02 and 5.06.04 which limits such signs to 64 square feet. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's Owners' name and logo. 4. In the case of commercial development within the RECNC District, which is internalized within the MPUD, and in consideration of mixed-use and/or neo -traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. Traffic signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, shall be designed to reflect a common architectural theme. The placement and size of such signs shall be in • accordance with the LDC, or other applicable County regulations. 2-10 • Words underlined are additions; words stFusk tfFOUgh are deletions. Sabal Bay MPUD Amendment / PUDA-PL2011-047 — 3/13/12 J is SECTION III RESIDENTIAL GOL F 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as "R/G", Residential/GW. 3.2 MAXIMUM DWELLING UNITS A maximum of 1,999 approved residential dwelling units may be constructed on lands designated "R//G" Residential on the MPUD Master Plan. For purposes of project density, 4 ALF/CCRC units shall constitute 1 golf residential dwelling unit. However, the maximum density on tract R/G8 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R/G," Residential/Ge1€, on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.14 of this Document, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "W', Residential/Gelf, is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP, or subdivision plat approvals, in accordance with Sections 10.02.03 and 10.02.04 of the LDC. Residential/GW tracts are designed to accommodate internal roadways, open spaces, gel€ eeume uses and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Single family attached and detached dwellings, townhomes. 2. Single family and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Multi -family dwellings including apartments. Multi -family buildings height of 50 feet measured as set mid -rise, coach home and garden are limited to a maximum building forth in the LDC Section 1.08.02 3-1 Words underlined are additions; words stFUGk t#reagh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 Definitions "building, zoned height of', except that within tract RG4, • � depicted on Exhibit "A", multi -family buildings shall be permitted up to a height of 10 residential floors over parking, not to exceed a zoned height of 150 feet", and an actual height of 165 feet. 5. Timeshares which shall not be counted as temporary lodging units but which shall be counted as residential dwelling units. 6. Model homes and model home centers including offices for project administration, construction, sales and marketing. 7. Assisted living facilities (ALF) and/or continuing care retirement communities (CCRC) with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store are permitted as ancillary uses. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF or CCRC). No external signage or advertising is permitted in support of these ancillary medical or personal service uses. As ancillary uses, not intended for utilization by the general public, such ancillary medical or personal service uses shall be limited in size and intensity to an amount determined to be necessary to serve the residents of the ALF or CCRC, their guests, and the facility employees. ALF and/or CRRC are prohibited in the R2 -B, R5 and R7 areas as indicated on the MPUD Master Plan. • 8. golf eetime .7 golf eoufse related f ' 1't' eyieeptvAdiin t t D In Q 9-.8. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Community,— ate- gelf-eour -related recreational facilities and structures including clubhouses, health and fitness facilities, restaurants, cocktail lounges, , pools, meeting rooms, community buildings, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests. Community and geld-eeuese relt maintenance facilities, water management facilities, and utility and maintenance structures and staff offices. 3-2 • Words underlined are additions; words stFwGk thmugh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 4. Boardwalks, nature trails shelters viewing piers, viewing_ platforms educational signs, kiosks, elevated paths, and docks or platforms for launching and mooring or storage of non -motorized vessels utilizing movable storage racks. Electric boats are an allowed accessory use. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD Residenti&Getf Area. Standards not specified herein shall be those specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD Ordinance. B. The following standards shall be applicable to the proposed ALF or CCRC use. The ALF or CCRC useis prohibited_ in the R2 -B. R5, and R7 areas depicted on the MPUD Master Plan. Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. 1. Minimum Lot Size: 1 acre. 2. Minimum Yard Requirements: i) Front: 25 feet one-half (1/2) the height of the Principal structure ii) Side: 15 feet one half (1/2) the sum of the height of principal structures, except no setback shall be required from any lake •easement. iii) Rear: 25 feet one-half (1/2) the height of the principal structure, except that no setback shall be required from any lake easement. iv) Setback from U.S. 41 : same as height of the principal structure 3. Floor Area Ratio: 0.43 0.60 FAR. 4. Maximum height: 3 stories evef one level of pafld g not to exceed a zoned height of 30 60 feet and an actual height of 75 feet. 5. Any ALF or CCRC constructed along U.S. 41 will provide a Type C buffer, 20 foot wide, opaque within one Year, with a six-foot wallfence hedge or berm or combination thereof and two staggered rows of trees spaced no more than 30 feet on center along with a single row shrub. Trees shall be 14 feet tall at time of planting and shrubs shall be 24 inches tall at time of planting. C. Site development standards for single family, zero lot line, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi -family standards apply to platted parcel boundaries, unless otherwise specified. D. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. • 3-3 Words underlined are additions; words StFUGk thFOUgh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 TABLE I: SABAL BAY MPUD DEVELOPMENT STANDARDS FOR "RG" RESIDENTIA /GOLF AREA STI FAMILY/ SINGLE 3-4 Words underlined are additions; words StFUGk thsaugh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • • SINGLE TWO TIMESHARE CLUBHOUSE/ SETBACK FAMILY ZERO LOT LINE FAMILY/ FAMILY ATTACHED/ DWELLINGS RECREATION CCRC S' DETACHED DUPLEX TOWNHOME (EXCLUDING BUILDINGS TO US PRINCIPAL STRUCTURES1" 3,500 SF Per Section Minimum Lot Area 5,000 SF 4,000 SF per lot or 1,300 2,600 SF N/A 10,000 SF 3.5 B unit Minimum Lot Width Z 40' 35' 35' per lot or unit 20, N/A N/A N/A 15' or .5 BH, whichever is greater, !a exeeed So feet Per Section Front Yard Setback6 15' 15' 15' 15'flat and a minimum of 75 201 3.5 B feet from the PUD perimeter bound 15' or .5 BH, whichever is greater, Front Yard for Side6 fiat to exesed 5 N/A N/A Entry Garage 10' 10' 10' 10' and a minimum of 75 feet from the PUD perimeter boundary. 15' or .5 BH, whichever is greater, Per Section Rear Yard' 10' 10' 10' 10'151 and a minimum of 75 3.5.B feet from the PUD perimeter boundary. 15' or50%ofBH, whichever is greater to emeeed 50 Per Section Side Yard 6!f 0' or 6' 5' *3 0' or 6 5'*3 0' or 6' S" fiat and a minimum of 75 101 3.5 B feet from the PUD perimeter boundary a FRW&QelfGeerse 0 0 0 0 0 A 0 From Preserve 25' 25' 25' 25' 25' 25' 25' Maximum Heights 35' 35' 35' 35' 50' above FEMA55, elevations'' Per Section 3.5.B Floor Area Minimum 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A N/A " S Minimum Distance 15' or SBH, 15' or .5 SBH, 15' or .5 SBH, Between 44! 10' 44!10' �l4' 1Q' -1-2- 10' .5 a s whichever is greater ' whichever is whichever is a Principal Structures a eatery r ACCESSORY STRUCTURES10'}' Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' 5' 10' 10' From Preserve 10' 10' 10' 10' 10' 10' 10' Minimum Distance Between Accessory 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10" 0' or 10'a 0' or 10' Structures on same tot Minimum Distance Between Accessory 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10'a 0' or 10'4 0' or 10' and Principlegi Structures on same lot Maximum Height SPS SPS SPS SPS 50' SPS W 80' 3-4 Words underlined are additions; words StFUGk thsaugh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • • BH: Building Height — measured as defined in LDC Section 1.08.02 Definitions "building, zoned height of." • SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. SPS: Same as Principal Structure Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. * 1 - Setback from lake easements for all accessory uses and structures may be 0 feet. Setback from preserve areas shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. *2 - Minimum lot width for cul-de-sac lots consistent with the measurement standards established in the LDC. *3 - Zero feet (0). Where the zero foot (0') yard option is utilized, the opposite side of the structure or attached structures shall have a twelve ten foot (1-2 10') side yard. Where zero lot line development is proposed, a conceptual site plan shall be submitted with the application for final subdivision plat approval. The conceptual site plan shall depict the proposed location of dwelling units and the required setbacks. *4 - Distance between principal and accessory structures for multi -family development: Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to Fire District approval at the time of site plan review. In no case shall the distance between principal structures be less than 10 feet or .25 SBH, whichever is greater. A common architectural theme shall be demonstrated during SDP review through submittal of drawings and renderings depicting common signage, common entry design features, common landscape and landscape features, and common architectural building design features. *5 — Building height is measured as set forth in LDC Section 1.08.02 Definitions "building, zoned height of." Actual heigKt of structures in Single Family Detached, Zero Lot Line, Two Family/Duplex and Single Family Attached/Townhome categories shall not exceed forty-five feet (451. Muse Multi-family/timeshare structures within Tracts- R/CA, as depicted on the MPUD Master Plan (Exhibit "A") shall have a maximum height of 10 residential floors over parking, not to exceed 150 feet of zoned height as measured pursuant to LDC Section 1.08.02 Definitions `Buildings, zoned height of ", and a maximum actual height of 165 feet. *6 — Front loading garages shall have a minimum front yard setback 23 feet, as measured from the back of sidewalk. Side loaded garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. • *7 — 50 feet for R/&8. *8 — Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no minimum floor area established for an ALF or CCRC: however, the maximum floor area ratio (FAR) is.45 .60. The ALF/CCRC use is prohibited in the R2 -B. R5. and R7 areas. *9 — Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet. 10 - In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC applicable provisions in effect at the time or permitting. 11,; RV• 'gened!' building heigM shall be utilized. • 3-5 Words underlined are additions; words sough are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 SECTION IV • RECREATIONNILLAGE CENTER 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as RECNC, "Recreation Nillage Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the RECNC Tract is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Section 10.02.03 and Section 10.02.04 of the LDC. The RECNC area shall accommodate a variety of recreational, water management, open space, commercial uses, including temporary lodging establishments, as well as customary accessory uses associated with the permitted principal use, and essential services. The RECNC Subdistrict shall not be subject to the conditions, limitations or restrictions set forth in Chapter 4.07.04 of the LDC. The commercial uses identified within this subdistrict are permitted pursuant to FLUE Map 11 that establishes exempt commercial areas within the boundaries of the MPUD which have been determined to be consistent by policy (FLUE Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed-use project (100 percent for a specific use and 160 • percent of any combination of three or more uses), as those regulations exist on the date this MPUD is approved. The develepe Owners shall provide the County with incremental development information, including the aggregate commercial square footage within the RECNC Tract and within the PUD in total, as required during the annual PUD monitoring process, and through the SDP and/or subdivision plat application submittal process. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Recreational facilities and structures such as, but not limited to, pools, tennis courts, health and fitness facilities, clubhouses, pro shops, meeting rooms, community buildings, playgrounds, and playfields, docks, and electric boats. 2. Commercial banks (Groups 6021-6029 drive-through facilities are prohibited). 3. Real estate agents and managers for property within PUD only (Group 6531). 4-1 • Words underlined are additions; words stMek tkxOUg# are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • 4. Hardware store only - 2,500 square feet, maximum floor area (Group 5251). 5. Variety stores - 2,500 square feet maximum floor area (Group 5331). 6. Miscellaneous general merchandise stores, except catalog showrooms - 2,500 square feet maximum floor area (Group 5399). 7. Grocery stores, 10,000 square feet maximum floor area (Group 5411). 8. Fish, meat, and seafood markets only (Group 5421). 9. Fruit and vegetable markets (Group 5431). 10. Retail bakeries (Group 5461). 11. Coffee stores and health food stores only - 2,500 square feet maximum floor area (Group 5499). 12. Gasoline service stations, except truck stops (Group 5541). 13. Apparel and accessory stores - 2,500 square feet maximum floor area (Groups 5611-5661). 14. Record and prerecorded tape stores (Group 5735). • 15. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive-through facilities (Group 5812). 16. Liquor stores (Group 5921). 17. Gift, novelty, and souvenir shops (Group 5947). 18. Sewing, needlework, and piece goods stores (Group 5949). 19. Florists (Group 5992). 20. Agents for laundries and drycleaners only (Group 7212). 21. Coin-operated laundries and drycleaning (Group 7215). 22. Diaper service, and garment alteration and repair shops only (Group 7219). 23. Beauty shops, except beauty schools and cosmetology schools (Group 7231). 24. Barber shops, except barber colleges (Group 7241). • 4-2 Words underlined are additions; words stFuGk-thFOUgh are deletions. Saba( Bay MPUD Amendment - PUDA-PL2011-047 - 03/13/12 Ifl • 25. Depilatory salon, electrolysis, massage parlor, shopping services for individuals, and tanning salons only (Group 7299). 26. Housekeeping and maid services only (Group 7349). 27. Videotape rental (Group 7841). 28. Physical fitness facilities (Group 7991). 29. Offices and/or clinics of physicians, and offices and/or clinics of dentists. (Groups 8011-8021). 30. Offices and clinics of chiropractors (Group 8041). 31. Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. Within the REC/VC Subdistrict, up to 150 temporary lodging units may be developed. Those temporary lodging units may be developed as typical hotel or motel units or may be developed as independent detached or attached units constructed so as to appear like residential dwelling units of various types (No more then than 250 temporary lodging units shall be permitted within the entire MPUD). • 32. Timeshares which shall not be counted as temporary lodging units but which shall be counted as residential dwelling units. 33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups 5699, 5999), whether accessory to a hotel, motel, clubhouse, or independent. P-34. Open space uses, and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, fishing/observation pier, picnic areas, fitness trails, and shelters. 35. Carwashes (Group 7542) 36 United States Postal Service (Group 43 11 Permitted Accessory Uses and Structures Customary accessory uses or structures incidental to recreation and village center areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4-3 • Words underlined are additions; words stFuGk through are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 2. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Parking facilities and signage b. One caretaker's residence C. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25'). 2. Side Yard: Fifteen feet (15). 3. Rear Yard: Fifteen feet (15'). 4. Proposed structures located adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required 20 - foot lake maintenance easement. 5. Principal and accessory structure setbacks from Preserve Area i) Principal structure: Twenty-five feet (25') ii) Accessory structure: Ten feet (10') B. Exterior lighting shall be arranged in a manner which will protect roadways and • residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50); except clock towers or similar architectural features, which shall be permitted up to seventy-five feet (75'). D. Minimum distance between principal structures - Ten feet (10% or greater, if required by local fire codes in effect at time of development. E. Minimum distance between accessory structures - Ten feet (10'). F. Parking for uses and structures constructed in the RecreationNillage Center: The amount of required parking within this District may be reduced by up to 25% of the applicable LDC parking requirements if it is demonstrated that such a reduction is warranted through the submission of a shared parking analysis, to be submitted with an SDP application. The amount of parking necessary shall be determined utilizing the modal splits and parking demands for various uses recognized by the Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available for more than one use or function, recognizing the required parking spaces will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. • 4-4 Words underlined are additions; words stFurk thmugh are deletions. Sabal Bay MPUD Amendment — PUDA-P12011-047 — 03/13/12 The shared parking analysis methodology will be determined and agreed upon by • the County Transportation Staff and the applicant during the SDP pre -application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Note: Any such reduction approved by staff is a deviation from the requirements set forth in LDC Section 4.05.04. 4-5 • Words underlined are additions; words stFUGkthrough are deletions. Sabal Bay MPUD Amendment — PUDA-Pt2011-047 — 03/13/12 • .�RN Y- 4-5 • Words underlined are additions; words stFUGkthrough are deletions. Sabal Bay MPUD Amendment — PUDA-Pt2011-047 — 03/13/12 • SECTION V COMMERCIAL/OFFICE 5.1 PURPOSE The purpose of this Section is to set forth the development plan for tracts designated as "C/O", Commercial/Office on Exhibit "A", MPUD Master Plan. The general function and purpose of this Tract is to provide the opportunity for diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions to many segments of the population. 5.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 4-5 50 f acre Commercial/Office Areas (Tracts C/01, C/02 and C/03), shall be developed with an amount of commercial/office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the C/O1 and C/02 shall not exceed 142,000 square feet of retail and 40,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed-use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is • approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and/or subdivision plat review process. 5.3 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 I: 1. Establishments primarily engaged in performing soil preparation services, crop services, veterinary services, other animal services, farm labor and management services, and landscape and horticultural services, as outlined under Major Group 07 in the Standard Industrial Classification Manual, only including Industry Number 0742 — veterinary services for animal specialties. 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. • 5-1 Words underlined are additions; words stFuGk thteugh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • 2. Establishments fiunishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. Any retail business as defined in the Standard Industrial Classification Manual for the following categories: a. 523 — Paint glass, and wallpaper stores; b. 525 — Hardware stores; C. 526 — Retail nurseries, lawn and garden supply stores; d. Major Group 53 — General merchandise stores. 4. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 5. Any retail business engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 — Auto and home supply stores, not including any installation facility; b. 554 — Gasoline stations, not including service facilities; C. Group 7542 — Carwashes only. is 6. Any retail business engaged in selling new or used motorboats and other watercraft, marine supplies, and outboard motors as defined under Industry Group 555 in the Standard Industrial Classification Manual. 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 9. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under the Major Group 58 in the Standard Industrial Classification Manual. 10. Any miscellaneous retail business as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group 5-2 is Words underlined are additions; words stFUGk t#F9ugh are deletions. Sabal Bay MPUD Amendment— PUDA-PL2011-047 — 03/13/12 • • Numbers: 596 — non -store retailers; 598 — fuel dealers; and not including retail sale of fireworks. 11. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 12. Within Tract C/03 only, establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 units shall be permitted. (No more than 250 units shall be permitted in total within the RECNC District and Tract C/03). 13. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 — Laundry, cleaning, and garment services, only including Group 7211 — power laundries, family and commercial, Group 7215 — coin-operated laundries and dry-cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722 — Photographic portrait studios; C. 723 — Beauty shops d. 724 — Barber shops; e. 725 — Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 14. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; C. 735 — Miscellaneous equipment rental and leasing, only including Group 7352 — medical equipment, rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — prepackaged software • 5-3 Words underlined are additions; words StFUGk thFOUgh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • 15. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, Photofinishing laboratories. 16. Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public, including Group 7513 — Truck rental and leasing, without drivers; Group 7514 — Passenger car rental; Group 7515 — Passenger car leasing; and Group 7519 — Utility trailer and recreational vehicle rental. 17. Establishments engaged in miscellaneous repair services, only including Group 7631 — Watch, clock, and jewelry repair and Group 7699 — Repair shops and related services, not elsewhere classified. 18. Establishments operating primarily to provide motion picture services as defined under Major Group 78 in the Standard Industrial Classification Manual, only including Group 7832 - Motion picture theaters, except drive-in, and Group 7841 — Videotape rental. 19. Establishments operating primarily to provide amusement and recreation services as defined under Major Group 79 in the Standard Industrial Classification Manual, for the following Groups: • a. 7911 — Dance studios, schools and hails b. 7922 — Theatrical producers (except motion picture) and miscellaneous theatrical services C. 7941 — Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. 7991 — Physical fitness facilities e. 7999 — To include moped rental, motorcycle rental, rental of bicycles, schools and camps -sports instructional, scuba and skin diving instruction, sporting goods rental only. 20. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Groups: a. 801 — Offices and clinics of doctors of medicine; b. 802 — Offices and clinics of dentists; C. 803 — Offices and clinics of doctors of osteopathy; d. 804 — Offices and clinics of other health practitioners. 5-4 • Words underlined are additions; words stens thFOUgh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • 21. Establishments operating primarily to provide medical and dental laboratories as defined under Major Group 807 in the Standard Industrial Classification Manual, for the following Groups: a. Group 8071 — Medical Laboratories; b. Group 8072 — Dental Laboratories, 22. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 23. Establishments primarily engaged in providing library services, only including Group 8231 — Libraries. 24. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 25. Establishments operating primarily to provide engineering, accounting, research, and management for the following Groups: a. 8711 —Engineering services b. 8712 — Architectural services • C. 8713 — Surveying services d. 8721 — Accounting, auditing and bookkeeping services e. 8732 — Commercial economic, sociological, and educational research f. 8741 — Management services g. 8742 — Management consulting services h. 8743 — Public relations services i. 8748 — Business consulting services. 26. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 27. Mixed multi -family residential and commercial uses located within CIO and C/02 Tracts. Residential dwelling units shall be counted toward the maximum 1999 allowable residential dwelling units. A maximum of 390 units shall be permitted within the combined Tracts R/G8, C/O1 and C/02. The commercial space shall be counted toward the maximum allowable square footage as allowed per DRI thresholds. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds, established in chapter 380 of Florida Statutes, for a mixed-use project (100 percent for a specific use and 160 percent of any combination of three or more uses), in effect on the date of approval of this PUD. This • 5-5 Words underlined are additions; words stFUGk thFOUgh are deletions. Saba! Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 shall be monitored through the PUD monitoring process on an annual • basis, and during all SDP and/or subdivision plat submittals. The mixed residential and commercial uses shall be subject to the following criteria: a. An SDP is approved pursuant to Chapter 10 of the LDC that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development shall be limited in hours of operation, size of delivery trucks, and type of equipment; C. The residential uses are designed so that they are compatible with commercial uses; d. Residential dwelling units may be located above principal structures; e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; f. The mixed-commercial/residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses, directing commercial lighting away from residential units, and separating pedestrian and vehicular access ways and parking areas from residential units; and g. The SDP shall incorporate traditional neighborhood design (TND) principles. • B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage 2. One caretaker's residence 3. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4. Docks and electric boats. C. Should market conditions not warrant commercial development within the C/03 Tract, that Tract shall be used for any uses permitted within the R/6 Subdistrict, subject to all development standards set forth in Section III of this MPUD Document. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 square feet. B. Minimum Lot Width: 100 feet 5-6 • Words underlined are additions; words stFUGkthFOUgh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • C. Minimum Yards (Internal): 1. Front Yard: Twenty (20) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. 2. Side Yard: None, or a minimum of five (5) feet, with unobstructed passage from front to rear yard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. 5. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with LDC provision in effect at the time or permitting." D. Minimum Yards and Buffers (External): East Tamiami Trail (US 41): 50 -foot setback, except that canopies for gas stations shall maintain a 30 -foot setback, provided no gas pumps or pump islands are located closer than 30 feet from the East Tamiami Trail right - .of -way. A 20 -foot landscape buffer, in accordance with Section 2.12 of this Document and Section 4.06.00 of the LDC, shall be provided along the entire frontage of US 41. In accordance with Subsection 5.05.05DI of the LDC, should a gasoline service station be developed, a 25 foot wide landscape buffer is required along rights-of-way adjacent to the service station. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with the LDC provisions in effect at the time or permitting. E. Minimum Distance Between Non-attached Structures: Fifteen feet (15') or one- half the sum of the building heights, whichever is greater. F. Maximum Height: Five stories or fifty feet (50'), whichever is greater, except for hotels, which may be developed up to seventy-five feet (75') in height, as measured in accordance with the LDC definition of the term "building, zoned height of". G. Minimum Floor Area: 500 square feet per'principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of 25 square feet and shall not be subject to the setback requirements set forth on Paragraph 5.4 C. above; however, in no instance shall a structure encroach into a required landscape buffer, other • 5-7 Words underlined are additions; words stFUsk-threwh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 H. than those structures1? ermitted to be located within a landscape buffer in • accordance with LDC provision in effect at the time or permitting. I. Off -Street Parking and Loading Requirements: As required by Section 4.05.00 of the LDC in effect at the time of SDP approval. Architectural and Site Design Standards: Commercial development within this District shall conform with the guidelines and standards of Section 5.05.08 of the LDC or variance. Gray, primary and/or secondary colors shall be permitted as a predominant exterior roof colors. This is a deviation from Subsection 5.05.08C. 13.b of the LDC. 5-8 • Words underlined are additions; words stp w* through are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • SECTION VI PRESERVE 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "P", Preserve. 6.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the South Florida Water Management District, United States of America Corps of Engineers and other agencies; however, the acreage shall be generally consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water • used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures 1. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated gel€eart paths, golf eeufse reugh areas and docks or platforms for launching and mooring or storage of non -motorized vessels utilizing movable storage racks. 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures From MPUD or external development tract boundary: Fifteen Feet (15') 2. From internal tract boundary: Ten Feet (10') 3. From lake maintenance easement: Zero Feet (0') • 6-1 Words underlined are additions; words strt+sk thmugh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 4. Maximum Height of Structures: Twenty-five Feet (25'), except for • viewing platforms that may be €ei4y feet {41) seventy-five feet 75') • 6-2 • Words underlined are additions; words sough are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • SECTION VII PUBLIC FACILITY 7.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "PF", Public Facility. The PF district land is set aside for Collier County School Board to build an elementary or middle school and one acre is set aside for fire, rescue and an EMS site. Should the School Board or Fire District decide that it will not need this land, or a portion of it, then this area may be used for any uses permitted within the R/G Subdistrict, subject to all development standards set forth in R/G Subdistrict. 7.2 GENERAL DESCRIPTION Areas designated as "PF", on the Master Plan are designed to accommodate an educational facility, and public safety services and facilities. The approximate acreage of the areas designated as "PF", are indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 7.3 PERMITTED USES AND STRUCTURES • No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Educational facilities, limited to public elementary or middle school. 2. Educational plant, limited to public elementary or middle school. 3. Safety service facilities, limited to fire stations and EMS facilities. B. Accessory Uses Accessory uses customarily associated with the principal permitted uses. 7.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') 2. Side Yard: Fifty feet (50'). 3. Rear Yard: Fifty feet (50'). EB. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. • 7-1 Words underlined are additions; words stFUGk thMWgh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 1. Maximum height of structures — Thirty-five feet (35') • 2. Minimum distance between principal structures - Ten feet (10'), or half the sum of building heights. 3. Minimum distance between accessory structures - Ten feet (10'). 4. Minimum off-street parking: Subject to Chapter 4.05.00 of the LDC. 7-2 • Words underlined are additions; words stFUGk thFOUgh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is CDC Land Investments, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the • monitoring and fulfillment of PUD commitments. 8.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 shall apply to this project, even if the land within the MPUD is not to be platted. The develepeOwners, its their successors and assigns, shall be responsible for the commitments outlined in this Document The developer- Owners, its their successors or assignee, shall follow the Master Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the develepeF Owners is are bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the develepe Owners. Upon assignment or delegation, the develepeF Owners shall be released from responsibility for the commitments. • 8-1 Words underlined are additions; words stFuGk thmugh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • 8.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as subdivision plat or SDP application. Subject to the provisions of Subsection 10.02.13(E) of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The , County Manager or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the develepeOwners, subject to the provisions set forth in LDC Subsection 10.02.13E. 8.4 ENGINEERING A. Except as noted and authorized as a deviation in this PUD Document, all project development will be consistent with provisions of Sections 10.02.04 and 10.02.03 of the LDC. • 8.5 UTILITIES A. All County or City water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04-51, as amended, and other applicable County or City rules and regulations. B. All customers connecting to the water distribution and "sewage collection facilities shall be considered to be customers of the County or the City of Naples, as the case may be, and shall be billed by the County or City in accordance with the County's or City's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Public Works Division, or from the City of Naples Utilities Department, whichever is applicable, in accordance with applicable franchise services boundaries. D. The develepeF Owners shall reserve three requested easements, and associated utility and access easements to connect with a public right-of-way. These sites shall be used for wells (not to exceed 100' by 100' for each site) with a minimum spacing of 500 feet between wells. This conveyance shall occur at the time the 8-2 • Words underlined are additions; words struek thFettgh are deletions. Saba[ Bay MPUD Amendment— PUDA-PL2011-047 — 03/13/12 • SDP, or final subdivision approval for the area within the development phase that contains the easement. E. The develeper- Owners shall provide a 10 foot wide utility easement on the development property along both sides of Bayshore Drive, if determined to be needed by Collier County. 8.6 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. The develepeOwners shall design the water management facilities in accordance with County ordinances, State, and Federal minimum design regulations in effect at the time of submittal of SDPs, or construction plans or plat approvals as the case may be. An analysis ef—predeyelepirscnt pellutaant leading and ,est develepmen4 pollutant leading in o"iieral-aeeer-danee-with development plans or- eenstfuefien plan appr-evals. C. An excavation permit shall be required for the proposed lakes in accordance with • Siubsection 22-122(c) of Ordinance 04-55 of Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. D. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the approved plans is granted. E. This develepeOwners shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The develepe Owners shall adhere to the conditions set forth in the Septenbe 23, 2003 October 14, 2003 (as amended March 27, 2007, April 22, 2008, and October 27, 2009) Eentil3tttien Companion Agreement by and between Collier Land Development, Inc., Collier Development Corporation and Collier County regarding the Lely Area Surface Water Drainage Improvements in order to further the Lely Area Stormwater Improvement Project (LASIP). To further clarify, the applicant's responsibilities are as follows: • 8-3 Words underlined are additions; words stFUsk threes are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • 1) Hamilton Avenue (f.k.a. Fern Street) — the applicant will make provisions in the land plan design to continue to allow the current positive outfall, and provide physical maintenance through the natural flowway portions of the outfall within applicant's property Collier County will be responsible to provide all on-going physical maintenance of the conveyance within the Hamilton Avenue (f.k.a. Fern Street) right-of-way. 2) Avalon Outfall Canal System — the applicant will make provision in the land plan design to continue to allow the current positive outfall of this canal by relocating the canal to the westerly property line in that area (as shown on the MPUD Master Plan), construct a uniform canal section, and place it in an 87 -foot wide drainage easement, to be purchased by Collier County, which is consistent with previous PUD and ERP approvals. Collier County will be responsible to provide all on-going physical maintenance of the conveyance and easement. Owners agree to provide legal access to Collier County for the purposes of providing said maintenance. 8.7 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the jurisdictional wetland boundary in all places and averaging twenty-five (25) feet from the edge of the jurisdictional wetland • boundary. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules. B. na rlan shall be re address treatment ef invasive exetie >fire management, and maifgeamee. G. All eensen,atien areas shall be plaeed under- eensefyafien easements with 13: B. This PUD shall comply with the guidelines of the United States Fish and Wildlife Service USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC), and as applicable, Collier County regulations, for impacts to protected species. vitm-icspevt to the Bald Eagle Ma.:be..._ _.-:,(Restrictions within bald eagle nest pr-tien buffer zones buffer shall be in accordance with the r im; S Seutii--Fie et Multi -Species Reeei ery Dian, uixcMay 1999 .a uabita4 i i iuvs Management Guidelines for- the Bald Eagle ia the Seutheast Region, US 1987, evieept to the degree theA the ske speeifie bald eagle management plan 'Jes for- allewanee er- rest6efiens that var-y &em the USFWS South Fier -id Multi Speeies Reeevery Plan, May 1999 and HabiW Management Guidelines for. bald—Nagle—its the - SetAheast Region, USF—WS 1987 State and Federal 8-4 • Words underlined are additions; words stFUGk-t#reugh are deletions. Saba[ Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • Mana eg ment guidelines and. Open r-eeeipt of teehnieal assistanee ffem the U.S. Fish & Wildlife Sen,iee (USF -WS) and the Rer-ida Fish and Wildlife Cefisen,a4 Gemmission ( ) all r r se reved- ffem the Bald Eagle P fim^. -. *Test Pr-eteetien Zone. may require technical assistance from the USFWS and FFWCC The listed species documented on the property include American alligator, gopher tortoise little blue heron, snowy egret tri -colored heron white ibis bald eagle wood stork Florida panther, and Florida black bear. A Habitat Management Plan for listed species shall be submitted to Environmental Services Staff for review and approval prior to SDP approval. • 8-5 Words underlined are additions; words stFuGk thFeugh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 0311 311 2 • 14C. In accordance with requests from Rookery Bay National Estuarine Research Reserve (RBNERR) the-Develepef Owners agrees to the following: 1. fie—developer -shall establish -a—suf ae ate.. hydrology program, whieh v411 inelude wmual mpet4s ef said meni4er-iag to be shared with The Collier County Lely Area Stormwater Improvement Project (LASIP) Permit requires water qualify monitoring for some period of time at the furthest downstream portion of the Lely Canal. During January 2011 the Owners provided RBNERR a copy of the most recent water quality report for the test locations within the Sabal Bay MPUD. For so long as the LASIP Permit requires water qualily monitoring, the Owners will provide a copy of the annual water quality monitoring report to RBNERR Additional reports may be obtained from SFWMD upon request. 2. The developer Owners shall include a provision in the conservation easement requiring notification to RBNERR and the Censert aney in advance of any changes to the conditions of, and or dedication language set forth in the project's conservation easement. The RBNERR and Eenser aney will be allowed to participate in the discussions of any proposed changes. 3. •rh developer- shall ll the rens J tereview and ,lam `t• t a 1 t a + «t t - that : i l • asress l t t .t ^„a ^ ,^, the a ental in4e r-ity o f the a a r t 1 t^ t to, alit .;thin, 3.4-. xlx`3---vrucrY9—n:xzx:zx:ir;�arV3ivmzrcncu=—ixx:pacnTcv—=frac quality tThe develepeF Owners shall development water quality testing by an independent labor-Aer-y*, tes4ing e sediments at t for .phut i dir t .i 'l ' ,,,. thn e f eenstmetien�e£these „tf 11 l.,nnti., 1 VVY * assess existing ^sa;.v,a„t quality; utilizeg water management Best Management Practices (BMP's) during construction to minimize adverse impacts on water quality during development; eenduefi ig providing post development water quality monitoring and reporting as set forth in Paragraph 8.7.44.C.1. above;. Additionally, the Owners will seek to alb increasging public awareness by educating residents and the homeowners' association; through the use of signage and take-home information, of the potential damage from stormwater pollution on the environment and the importance of protecting aquatic and terrestrial resources within and nearby the RBNERR. Further, the develepe> Owners shall erect signage at various locations along the RBNERR boundary, making residents and guests aware of the location and natural resource importance of the estuarine ecosystem and its management. The developer- shall inelud-e water-managementBest Management —nuccrees—(BMP's)- emth 8-6 • Words underlined are additions; words etFUGk thsUgh are deletions. Sabal Bay MPUD Amendment - PUDA-PL2011-047 - 03/13/12 • BMPs based on minimum of two (2) fr-efn Group A, twe (2) from Greup B, and (1) ffem n.oup r, as . ai4 ,fthe 8FivMD ERP.- The developer will include in the design of the backbone surface water management system, four additional Best Management Practices (BMP's), which includes: 11 extended hydraulic residence time due to increased lake acreage, 2) existing and created wetland areas, incorporated into a treatment train concept, upstream of final discharge; 3) planted filter marshes, incorporated into a treatment train concept, upstream of wetland treatment areas; 4) increased flow path between inflow and outflow through both the planted filter marshes and the wetland treatment areas. These BMP's will be incorporated downstream of the lake system, and prior to final discharge from the system, to provide additional "treatment"or "polishing." Such design will be made part of the development's surface water management plans, to be reviewed and permitted by SFWMD as a part of the ERP application. 4.-5-. The develeper- Owners shall disclose in the homeowner association documents that the following activities may occur on the adjacent RBNERR lands: exotic plant removal and ongoing maintenance; utilization of prescribed burns as a means of habitat management; controlling illegal dumping; management of access within RBNERR • lands, controlling and trapping when necessary, feral, nuisance and domestic animals. 5.6-. The two archeological sites determined to be of prehistoric cultural significance (8cr535 and 8cr 227) shall be preserved and the developer Owners shall coordinate with the Florida Division of Historic Resources to minimize any disturbance to these sites during development and as a result of exotic vegetation removal. 8.8 TRANSPORTATION • 8-7 Words underlined are additions; words stfask throes are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 WA ft ST. I MIX, L.. _MT - • • 8-7 Words underlined are additions; words stfask throes are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 T Nething in any ifb4ight ou4 eendifieii � r a 1 + order- at any aeeess + of egress halls point. ea; ..� 4 right ef ae Neither- shall the a ..Q� nor the 1a i F a right existenee ef a point e k t1, ..F be the basis ZVZ4�Z�lV L1LV , for any fi4ure a,. F nr•t:ee, F r .in.,+a .en ren• .,tet the County V1V VV by the developer-, itssueeesser in title, or assi- L All internal r-eads, adjaeent developments 41, developer w. y su .l fheilities. driveways, alleys, shall be a Collier G «4n TQ+RIQ;f operated shall have idewaIks and main4ained ne respetisibilky and IZtereenneetiens to by an entity efeated by fnaintenanee of T if any required turn lane irapre e ee,t r en the use eF existing County rights I to Collier County ..s a a.,.,ser,,,ee,ee ef sueb imprevement. 8-8 • Words underlined are additions; words stFuek-thFeug# are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 befae by the developer, A. L. The development shall abide by Section 6.02.09 02 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that is leeated rand affects a Transportation Concurrency Exemption Area (TCEA). B. The Owners, their successors or assigns agree that the southwest connection to US -41 across from St. Andrews Boulevard will be at the sole discretion of FDOT and shall align with the existing St. Andrews Boulevard. Upon connection to this signalized intersection the Owners, their successors, or assigns shall assume sole financial responsibility for intersection improvements relating to the use of this intersection by this development This shall include but not be limited to, the following: i. Any increase in the storage capacity of the northwest -bound left turn lane(s) approaching the signal constructed at the time of connection. ii. Design purchase and installation of any physical intersection improvements including a mast arm, signal head(s), pedestrian signal heads, and any signal controller(s) that are necessary to accommodate this developments connection to the signal. iii. County or FDOT's cost(s) for setup and modification of intersection controls including a _mast arm, signal head(s), pedestrian signal heads, and any related signal timing changes that are necessary to accommodate each phase of this development. The Owners their • successors, or assigns agree to reimburse the FDOT or the agency maintaining the traffic _signal within 90 days of the agency's request. iv. Correction of any non -ADA compliant features within the Public Right-of-Wayat all four quadrants of this intersection to become compliant with the then -current Americans with Disabilities Act requirements." • C. The Owners, their successors or assigns, agree that at the St Andrews Boulevard access they will maintain a throat distance of at least 200 feet as measured from the edge of pavement of U.S. 41 to the closest point of M gate or gatehouse. D. The Owners, their successors_ or assigns, agree that the vroiect's main residential access on U.S. 41 may be a signalized intersection if approved by FDOT. The Owners their successors or assigns shall assume sole financial responsibility for intersection improvements relating to the use of this intersection by this development. This shall include. but not be limited to, the following: i. Design, purchase, and, installation of intersection improvements including mast arm(s sinal head(s), pedestrian signal heads, and any signal controller(s) that are necessary to accommodate this development's connection to the signal. ii. Any additional signal timing adjustments directly related to this development's traffic shall also remain the financial responsibility of this development in perpetuity. iii. Design, purchase, and installation of ADA compliant items within the public right-of- 8-9 Words underlined are additions; words StFUGk are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 8.9 ADDITIONAL COMMITMENTS A. Prior to the issuance of the 400`h certificate of occupancy for a single family home, Tthe develeper- Owners, their successors or assigns shall provide a minimum of one playground, for use by residents and their guests, meeting ASTM design guidelines. B. The develeper Owners, their successors or assigns shall install a pathway along the lake where the lake fronts Thomasson Drive and shall provide a minimum of three benches for public use for this portion of lake -frontage at the time development occurs adjacent to the lake. r. ��• �� • r. W-. W-0 • 8-10 • Words underlined are additions; words stFUGk thmugh are deletions. Sabal Bay MPUD Amendment — PUDA-PL2011-047 — 03/13/12 • • PLANS FOR SABAL BAY MPUD SECTION 25, AND POMXW OF SECTIONS 23, 24, 26, AND 36, TOWNIN-r 50 SOUTH, RANG 25 EAST, AND A PORTION OF SECTION 19, TOWN%V 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA A PROJECT OWNM BY CDC LAND INVESTMENTS, INC. AND COWER LAND DEVELOPMENT, INC. 2560 OOODIEM ROAD NAPLES, FL 34103 PHONE LOCATION MAP SITE MAP Wilsomiller M i,Yl�w �IhY.,yY11YY1fOi.IY. Y�lY• I lfiY1. M� dwY` Exbff*A PNP4-°r-#— INDEX TO SHEETS ,,�oEscnPrloN 41o ' LAND USE SUMMARY { r. t< � 4B AgL1Gl %da' me - ,a. rw twa rmrx, EAWA Par.12—O 0 � • ISI i �i I� S EAWA Par.12—O 0 � • 0 F.xbg*A rqp.a— of - ww.u® osis P•�W penw> _ I .Y An Vrl T9 (^h fv ( �1M1 Pml 1•n Ie +.a. TYPICAL LAKr cECT10N I� m''"7 - YI rl SECTION A -A .•++m.� mn nn L nn nn im. I l IMrALEFSIDENTLAL STR ET TbN wn SECTION C -C �. S lu.l v Mn SECTION B -B � •�• � eon .�•, �M � 1 _ - AF SECTION O -O ail I 1� mj (� mq mrl IY m u.ri ru[ f .v ' .r .�. # Im) � � .u'• I • � nv1 gun l mn 1 l �• . ."."" - ---- Y I I v [IM...- - -- -'------------- ----- - -- --Win....: ------ --- - - ------ - �. SECTON FnE SECTION F -F , SABN• BAY 11" Fjdd itA Pap.ji-otr}- • • 0 ALL OF SECTION 25 AND PART OF SECTIONS 23, 24, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND PART OF SECTION 19 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (Containing 2,416.49 Acres t) Sabal Bay P.U.D. Boundary All of Section 25 and part of Sections 23, 24, 26 and 36, Township 50 South, Range 25 East, and part of Section 19 Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows; Beginning at the Northeast Corner of Section 25, Township 50 South, Range 25 East, Collier County, Florida; Thence along the East Line of Said Section 25 South 00°2218" West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00020'37" West 2,685.56 feet to the Southeast Corner of said Section 25; Thence along the East line of Section 36 South 00°19'56" West 1,518.00 feet; Thence North 87°28'51" West 5,326.36 feet; Thence North 00014'25" East 1,254.17 feet to the North West Corner of Said Section 36; Thence along the south line of Section 26 South 89032'22" West 2,696.15 feet; Thence continue along the South line of Said Section South 89029'09" West 2,696.69 feet to the Southwest comer of said Section 26; Thence along the West line of said Section 26 North 00022'46" East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00°22'20" East 2,690.20 feet to the Northwest Comer of Said Section 26; Thence along the West Line of Section 23 North 00°06'06" West 1345.66 feet; Thence continue along the West line of Said Section 23 North 00'07'16" West 693.72 feet; Thence North 89°29'07" East 469.67 feet; Thence North 00°04'49" West 453.06 feet; Thence North 89'30'33" East 916.44 feet; Thence North 00'31'29" West 567.34 feet; Thence North 89027'53" East 300.00 feet; Thence South 00'32'07" East 60.00 feet; Thence North 89'28'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67-69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00'46'37" East 308.52 feet; Thence continue along said West line South 00'40'46" East 673.87 feet to the Northwest Comer of Lot 70, of said Naples Groves and Truck Co's Little Farms No 2; Thence along the North line of Said Lot 70 North 89'27'07" East 1,322.10 feet to the North East Corner of Said Lot 70; Thence along the East line of Said Lot 70 and Lot 71 of said Plat South 00043'14" East 674.00 feet to the Southeast corner of Said Lot 71; Thence along the South line of Said Lot 71 South 89'28'25" West 1,322.26 feet to the Southwest comer of said Lot 71; Thence along the West line of Said Plat South 00'42'15" East 1,347.80 feet; Thence continue along said West line South 00'20'2T' West 1,344.53 feet to the Southwest comer of Lot 79 of said plat; Exhibit B Thence along the South line of Said Lot 79 North 89°31'43" East 1,346.87 feet to the fractional comer of said Section 26 being the Northwest comer of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 00°1929" West 671.99 feet to the Southwest corner of said fractional quarter, Thence along the south line of said fractional Quarter North 89°31'42" East 673.39 feet to the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west line of said Lot 81 South 00°12'23" West 672.16 feet to the Southwest corner of said Lot 81; Thence along the south line of said Lot North 89031'43" East 672.16 feet to the East line of Said Lot and the East line of said Section 26; Thence along the East line of said Section 26 North 00°19'29" East 2,688.11 feet to the Northeast corner of said Section 26; Thence along the East line of said Section 23 North 00042'49" West 1,351.04 feet to the southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No 2. Thence along the South line of said Lot 91 South 89°27'26" West 1,320.61 feet; Thence along the west line of Said Lot 91 North 00°47'37" West 337.27 feet; Thence along the North line of said Lot 91 North 89°30'57" East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00°44'44" West 1,011.86 feet; Thence Continue along said East line North 00°34'32" West 752.45 feet to the Southwest corner of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; Thence along the South line of said Land North 89°31'59" East 1,289.77 feet; Thence along the East line of said Land North 00°42'37" West 1,890.79 feet to the south Right of Way Line of Thomasson Drive (100 Right Of Way); Thence along said Right of Way Line North 89°35'12" East 1399.52 feet; Thence continue along said Right of Way line North 89°35'12" East 2855.89 feet to an intersection with the westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90); Thence along said Right of Way of US41 of South 39°03'59" East 1266.82 feet; Thence continue along said Right of Way South 39°03'59" East 5,465.08 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19, Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88°1329" West 1,636.98 feet; Thence continue along said South line South 88°23'16" West 2,491.52 feet to the POINT OF BEGINNING. Less and excepting there from the waters of Tide Creek located on the west line of Section 23. Subject to easements and restrictions of record. Containing 2,416.49 acres more or less. Bearings are based on the North Line of Section 19 being North 89°42'24"East - Florida State Plane - East Zone 83-90 Adjustment Not valid unless embossed with the Professionals Seal REF. W.O.; N0229-200-502 Date: 11-11-11 pabibit B Page ,a_ of 11 -114f -202693 -VW. 1 -GLAND N0229-200-502 - - 0 • • Exhibit "C" List of Deviations (PREVIOUSLY APPROVED DEVIATIONS 1 — 8 IN ACCORDANCE WITH ORDINANCE 05-59 TO STILL REMAIN IN EFFECT) Deviation 1: LDC Section 6.06.01 (0) and LDC Appendix B, in order to allow 50 feet of right-of-way for local roads rather than the required 60 -foot width (throughout). Deviation 2: LDC Section 6.06.01(J), to allow cul-de sacs in excess of 1,000 feet the MPUD (throughout). Deviation 3: In accord with LDC Section 10.02.04.A.3, Section 2-12 of the Collier County Code of Ordinances, Exhibit "A°, Design Requirements for Subdivisions C.17.j of the Administrative Code for Collier County Construction Standards Manual, formerly LDC Section 3.2.8.4.16.10 (Section lit P. 10 of the proposed Construction Standards Manual) to allow reverse curves without tangents (throughout). Deviation 4: LDC Section 5.03.0213 to allow perimeter fences or walls to be permitted at 8 feet on top of a 4 foot berm, formerly approved as a height of eight feet (8') as measured from the finished grade of the ground at the base of the fence or wall, and modified at staffs request. • Deviation 5: LDC Section 5.06.02.B.6., formerly Section 5.06.04 A. 6. (b.) to allow a maximum of two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each (rather than the combined size permitted in the LDC of 64 square feet) and shall not exceed a height of 6 feet as measured from finished grade. Deviation 6: LDC Sections 5.06.02 and 5.06.04, formerly Chapter 5,06.05 to allow entrance signs up to 120 square feet. Two ground signs shall be permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Chapter 5.06.00, of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the develepees owners' name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. Deviation 7: LDC Section 4.05.04, to allow parking for uses and structures constructed in the Recreation/Village Center to be reduced by up to 25% of the applicable LDC parking requirements, should such a reduction be deemed to be warranted through the development and submission of a shared parking analysis submitted with the SDP application. Parking requirements shall be determined utilizing the modal splits and parking demands for various uses recognized by Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing is List of Deviations —1/19/12 Words underlined are additions; words stFUsk thFOUgh are deletions. the required parking area will vary depending on the multiple functions or uses in close proximity which are unlikely to require the same spaces at the same time. The shared parking analysis methodology shall be determined and agreed upon by the County T-FaRspeftatieA Growth Management Staff and the developef owners during the SDP pre -application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Deviation 8: LDC 5.05.08.C.13.b., formerly Section 5.05.iii.(a) to allow gray primary and/or secondary colors to be permitted as a predominant exterior roof color. See Section 5.4.J. of the MPUD document. NEW DEVIATIONS: Deviation 9 seeks relief from LDC Section 6.06.01 (0) and LDC Appendix B in order to allow, in specific cases where private, internal development roadways cross wetland or upland preserves, the Owners request additional flexibility to reduce the required ROW width below the current 50 -foot minimum to a width of no less than 40 feet. This deviation would allow the Owners to minimize impacts to potential wetland or upland preserves while maintaining accessibility throughout the site. Deviation 10 seeks relief from LDC Section 6.06.02.A which requires arterial and collector roads to provide a six-foot sidewalk on both sides of the street. The applicant requests the ability for all privately and/or CDD owned roadways internal to the Sabal Bay development to provide a minimum five-foot sidewalks on both sides of all streets or • a minimum ten -foot wide pathway on one side of the street which may meander in and out of the riaht of way. Since the development is planned for an internal pathway system, this is a reasonable deviation. Deviation 11 seeks relief from LDC Section 4.06.02 which requires a Type B buffer between single family and multi -family uses. Specifically, the applicant requests that no buffer be required between these uses when a water body separates the two uses. Requiring the installation of a buffer in these areas would inhibit the lake views for both single family and multi -family residences. Deviation 12 seeks relief from LDC Section 4.06.05.J which reauires that rip -rap treatment for those areas that have a slope no steeper than 2:1. but steeper than 3:1. be limited to 30 inches in height, and be limited to 200 square feet sections or solely used in rapid flow water management areas. Specifically, this deviation requests to allow rip -rap treatment along the backslope of certain roadway crossings adjoining preserves on one side or more in order to minimize impacts to potential wetland and upland preserves, as well as allow the use of rip -rap stabilization for elevations up to a height of 36 inches. Approval of this deviation will allow the owners to minimize impacts to potential wetland and upland preserve areas by minimizing the development footprint, subsequently reducing the total amount of wetland impacts required to develop the subiect Protect. Since the suggested roadways will be low -speed, low-volume and limited in length, this is a reasonable deviation. Deviation 13 seeks relief from LDC Section 5.05.04.D.1 which allows a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement 2 List of Deviations —1/19/12 Words underlined are additions; words StFUGk are deletions. • • communities, nursing homes and dwelling that are part of an aging -in-place living environment. Market studies on the desires of people moving into these types of facilities have shown that a larger unit is often desired. In order to offer a competitive product that is marketable to an aging sector, the applicant requests a maximum floor area ration of 0.60 which is similar to other approved continuing care retirement communities in this area. Deviation 14 seeks relief from LDC Sections 5.06.02 and 5.06.04 to allow entrance signs up to 120 square feet. This previously approved deviation is requested to add the entrance signs to be located on Hamilton Avenue as previously approved for the entrances on U.S. 41, Thomasson Drive, and Bayshore Drive. Deviation 15 seeks relief from LDC Section 5.03.02 to allow fences or walls separating commercial uses from residential areas to be permitted at a height of up to eight feet (8') on top of a berm of up to four feet (4') in height. This is needed since much of the land within the MPUD is low-lying and given that appropriate buffering is needed between different land uses. This deviation will benefit the public welfare by allowing for enhanced buffering. • • List of Deviations — 1/19/12 Words underlined are additions; words StFUGk thFOugh are deletions. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012-12 Which was adopted by the Board of County Commissioners on the 13th day of March, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of • County Commissioners of Collier County, Florida, this 20th day of March, 2012. DWIGHT E. BROCK C > r+ Clerk of Courts' FaQ`!ei, t. ctk Ex -officio to; Bdaf County Commi s� oT a;- s •` , 'na By: Ann Jennejohn, Deputy Clerk • WHEREAS, Robert Mulhere of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing WCI Communities, Inc, and CDC Land Investments, Inc., in Petition Number PUDZ-A-2004-AR-6126, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Planned Unit Development (PUD) Zoning District and Agricultural, (A) Zoning District, a portion of which has an agricultural special treatment overlay, to a Mix: d Use Planned Unit Development (MPUD) Zoning District in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate Zoning Atlas Map or Maps, as Page l of 2 59 -Noy am J w `t ORDINANCE NO. 05- N �a�+ ROVEDv AN ORDINANCE OF THE BOARD OF COUNT:. COMMISSIONERS AMENDING ORDINANCE NUMBER ��2s�1fL6LZ���� 2004-41, AS AMENDED, THE COLLIER COUNTY LAND.. DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THI. UNINCORPORATED AREA OF COLLIER COUNT' FLORIDA, BY AMENDING THE APPROPRIATE ZONRN ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, AND AGRICULTURAL (A) ZONING DISTRICT A PORTION OF WHICH HAS AN AGRICULTURAL SPECIAL TREATMENT OVERLAY, TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT, FOR A PROJECT TO BE KNOWN AS THE SABAL BAY MPUD. THE PROPOSED PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT CONSISTING OF A MAXIMUM OF 1,999 VARIED HOUSING TYPE UNITS AND GOLF COURSE, COMMERCIAL USES, RECREATIONNILLAGE CENTER USES, AND PUBLIC FACILITY USES, PRESERVE AREAS AND RIGHTS-OF-WAY. THE SUBJECT PROPERTY IS LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENT -WORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY, IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08± ACRES; THIS ORDINANCE ALSO IS PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86-77, THE CDC PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing WCI Communities, Inc, and CDC Land Investments, Inc., in Petition Number PUDZ-A-2004-AR-6126, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Planned Unit Development (PUD) Zoning District and Agricultural, (A) Zoning District, a portion of which has an agricultural special treatment overlay, to a Mix: d Use Planned Unit Development (MPUD) Zoning District in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate Zoning Atlas Map or Maps, as Page l of 2 • described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 86-77, known as the CDC PUD, adopted on November 10, 1986, by the Board of County Commissioners of Collier County, 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 supermajority vote of the Board of County Commissioners of Collier County, Florida, this /J day of /y%t i' eon, ('/, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ' FRED W. COYLE, CHAIRNKAN Attist +tf; :Clrair�t�'S Agprpyed as to Form and •yLye�gal Sufficiency -'4 Mario a M. Student -Stirling Assistant County Attorney PUDZ-A-2004-ARfi126, Sabal Bay PUD/KD/sp • Page 2 of 2 This ordinance filed with the gscfetary of State's Office the al-Iday ofl. Ih114V1Lv 05 and acknowledgemff��n f that fili received thisc��day oN e By AC. SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. i. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must repiace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (] 0) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED ROBERT J. MULHERE, FAICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL. COVERED IN PETITION NUMBER PDI-PL20170000247 950 ENCORE WAY SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX ROBERT J. MULHERE, FAICP MAPLES, FL 34110 NAME (TYPED OR PRINTED) CITY, STATE ZIP # HOLE MONTES, INC. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 22 day of September 20 17 by ROBERT J . MULHERE personally known to me or who produced as identification and who did/did not take an oath. (] STEPHANIE KARJ9.2220 _ J G@ n: Hotar Public • State o y Signature (Notary Public ■ • Commfaeion I FF 9My Comm. Eyins filar#�N�NoSTEPHANIE KAROL Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 It �•F,',1l'W "v'Zi AR, vz A4 l low, fillCc, J-tz AN INbUb IFVFLAPR LOCATION FOR HEX HURING: GROWTH MANAGEMENT DEPARTMENT, HEARING EXAMINES MEETING ROOM 609 1 r.6'7 _ E.aFlt' 2000 NORTH HOIRSESAOE OPIVE, NAPLES, FLORIDA 34104 LOCATION FOR BCC REWNG! BOAR 0 OF COUNTY CO NN 19 SION E RS' ME ETING SO 09, TH IRD FLOOR COLLI E R COUNTY GOVERNMENT CERTER, 3299 TAWIAMI TRAIL EAST, MPLES, FLORIDA 34IT2 INN T*yi J'q ........ .. . . 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PNS 1 ��\ ' nw 9emumrt w PIEPA9F➢ Ix lPElr< T Ilam r /Isxn ■1Lsan.,PA 9c. amBTmm Elxartns un 1.1rD .vaD ErnE> lAe( self wT wncz carrot coleElr, nmPt 5•to5 .+o9c• r•. m>m ISaxo (ixl aw-•G•D axler rz a wnlPwama µs•� NOTICE; 0 15 ]0 n0 t� LTUP100 SGML T9! PIAT. 5] IlrsOxOm M fA WNRIF iOell O Txf OIILPI 9OICfM OI TIE 9119D0'OED I.VIW DIX'AtD elLL N 110 ICl¢Y1 Nal C)61YSEM0:0 H SUPRNEtED M NT1011Rf M NM OIt[T 01WIi' M gr9rK 1x01 p TIE PUT. Ir11E111G GN'WC ai a9rAl al ]Mf MT M1T�WT BE IgllO M TY PV ams p TIB 00.MI). AGENDA ITEM 3-G PROPERTY OWNER/APPLICANT: Darren and Jill Martens 180 Channel Drive Naples, FL 34108 REOUESTED ACTION: AGENT: Holly Lindsly and Bill Nelson Greg Orick H Marine Construction 27171 Driftwood Drive Bonita Springs, FL 34135 Darren and Jill Martens are requesting approval of a boathouse pursuant to Section 5.03.06.17 of the Collier County Land Development Code (LDC) on a parcel zoned Residential Single -Family (RSF- 3). GEOGRAPHIC LOCATION: The subject site is located at 180 Channel Drive. The site is further described as Lot 22, Block C of Corner's Vanderbilt Beach Estates Unit 1 in Section 29, Township 48 South, Range 25 East, Collier County, Florida (see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to allow the construction of a boat house that would accommodate a 28 -foot long vessel on a 20,000 -lbs. boadift. A building permit (PRBD2017010176001) has been issued to remove the existing boat house it its entirety. BD-PL20170001321 160 Channel Drive Page 1 of 7 September 22, 2017 Co er County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 12, 2017 SUBJECT: 180 CHANNEL DRIVE; BDE-PL20170001321 PROPERTY OWNER/APPLICANT: Darren and Jill Martens 180 Channel Drive Naples, FL 34108 REOUESTED ACTION: AGENT: Holly Lindsly and Bill Nelson Greg Orick H Marine Construction 27171 Driftwood Drive Bonita Springs, FL 34135 Darren and Jill Martens are requesting approval of a boathouse pursuant to Section 5.03.06.17 of the Collier County Land Development Code (LDC) on a parcel zoned Residential Single -Family (RSF- 3). GEOGRAPHIC LOCATION: The subject site is located at 180 Channel Drive. The site is further described as Lot 22, Block C of Corner's Vanderbilt Beach Estates Unit 1 in Section 29, Township 48 South, Range 25 East, Collier County, Florida (see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to allow the construction of a boat house that would accommodate a 28 -foot long vessel on a 20,000 -lbs. boadift. A building permit (PRBD2017010176001) has been issued to remove the existing boat house it its entirety. BD-PL20170001321 160 Channel Drive Page 1 of 7 September 22, 2017 Location Map 1 ° e ° 8 ° ° O II 10 ° OB Q° SITE p Ie (D LOCATION m u Is m m m p °I M e 19 p fi 19 19 Q Petition Number: PL -2017-1321 Zoning Map Lin HwAVE EgmtAVE CwnefsAVE Seabee AVE %aA�B PROJECT G LOCATION 00 ?� CO" SeagdAVE ywAVE OJJ C W Ba WiNAVE / TtadeftdaAVE LagwnAVE BodeAVE I PheAVE WAVE Location Map 1 ° e ° 8 ° ° O II 10 ° OB Q° SITE p Ie (D LOCATION m u Is m m m p °I M e 19 p fi 19 19 Q Petition Number: PL -2017-1321 Zoning Map Lin SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site. North: Right-of-way for Channel Drive, farther north is a single-family home, zoned RSF-3 South: Finger canal off Vanderbilt Lagoon East: Single-family home, zoned RSF-3 West: Single-family home, zoned RSF-3 Aerial (Covnry GIS) BD-PL20170001321 180 Channel Dnve Page 3 of 7 September 22, 2017 ENVIRONMENTAL EVALUATION: Environmental staff reviewed the request to replace a roof (boat house) over a boat dock. Staff reviewed the aerial and confirmed that no seagrass beds exists within 200 feet of the proposed facility. ANALYSIS: All boathouses must meet the standards of LDC Section 5.03.06T., which states that "Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request": Minimum side setback requirement: Fifteen feet. Standard met. The drawing in the applicant's support material labeled Proposed Site Plan shows that the dock and boathouse would be located at least 15 feet from both riparian property lines, which complies with the minimum required by the LDC. BD-PL20170001321 180 Channel Drive Page 4 of 7 September 22, 2017 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Standard met. The drawing in the applicant's support material labeled Survey indicates the waterway is 100 feet wide, which means the dock facility cannot protrude more than 20 feet from the seawall. The handwritten note on the drawing in the applicant's support material labeled Proposed Site Plan indicates the pilings and dock will not extend farther than 20 feet from the seawall. In addition, the note also indicates that roof overhangs will comply with. LDC Section 5.03.06.F.2. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Standard met. The drawing in the applicant's support material labeled Boathouse shows the boathouse would be 15 feet in height, measured from the top of the existing seawall to the highest roof elevation. 4. Maximum number of boathouses or covered structures per site: One. Standard met. One (1) boathouse is proposed. 5. All boathouses and covered structures shall be completely open on all 4 sides. Standard met. The drawing in the applicant's support material labeled Boathouse does not show any side walls. A note on this drawing indicates, "OPEN ALL SIDES." 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Standard met. A note on the drawing in the applicant's support material labeled Boat House indicates "STANDING SEAM METAL ROOF." Staff understands this will match the roof of the principal structure (see Attachment A — Support Material Provided by Staff). 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Standard met. The boathouse is located nearly equidistant from both side property lines and will be compliant with the minimum required setbacks so as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. BD-PL20170001321 180 Channel Drive Page 5 of 7 September 22, 2017 APPEAL OF BOATHOUSE ESTABLISHMENT TO BOARD OF COUNTY COMMISSIONERS: As to any boathouse establishment 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 County Attorney's Office reviewed this staff report on September 18, 2017. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BH- PL20170001321. Attachments: A) Support Material Provided by Staff B) Application & Support Material BD-PL20170001321 180 Channel Drive Page 6 of 7 September 22, 2017 PREPARED BY: 9/V/ ERIC L. JOHNSON, AWP, gCFMPRINCIPALANNER DATE ZONING DIVISION REVIEWED BY: 9 ce 17 RA . BELLOWS, ZONING MANAGER DF TE ZON DMSION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION 13D-PL20170001321 180 Channel Dmre Page 7 of 7 NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the on serves as Inst, Florida; distril said newspapp pies, in said 0 Collier County class mail mai the first publi promised any d Natalie Zollar who on oath says that she tper published at Naples, in Collier County, W copy of the advertising was published in )aily News is a newspaper published at Na- !tofore been continuously published in said each day and has been entered as second da, for a period of one year next preceding further says that he has neither paid nor or refund for the purpose of securing this Customer Ad Number Copy ine P.O.# COLLIER COUNTY HEX 1743999 BDE-PL20170001321 Pub Dates September 8, 2017 r (Signilifture of affiant) u�o�« Sworn to and subscribed before me This September 13, 2017 Wr�..ed.uxm' (Signature of affiant) N on rWr.O .F ..3Fwrr4., An ni Nu1nv„FmpYW��^rp+�e WpkkannywJlkklJ prlhf-06lerr)NMy to—INE%1n9YpAM.,r IYv. t—Dr L.A11, in Ik NN,w k.+mvnY M¢IinREmm.el StlW \wln HgvArcpin, pmmEW610.NyLt YLMIW.�nwn.4kr- AV mre¢NJ pnias art �m'nd m vgev W k bre. .tp mumJv uN In an klme Ih Nevx{ Enweer NY kmrc a pxmercnt pn N Ik �mv�Nma Gp2avi nW rqun vrt v,erWk om uaak pnw ru lk FevnnC Ih 6kmh W e fdWr GunrY CmmF M vmpn.m L4ryrlmvnr. 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Ciloens are inMep i0 atuno a PULiis neam9 On M tan incwe l0 L¢ M1¢Itl m Monday, September 11, 2011 6:00 PM At Immokalee Firs Control Distdm Station 30 502 E New Market Road Immkalee, FL 34142 FINAL DECISION an ine ORPOxE bn ftn,o- no ate 1aML win Ile mztle aMis Neanng. 2017 YIL !� ' � I AY � F yy� �r I p1µ M� B, jAI11 14 d E S7f�� s CUSTOM DOC & LIFT BUILT BY 239,949.5588 1 0h 1, fjYl II f � ' rl r ¢t.y^f Ali yy1i EP , 1 i 1 M'4j�f7-' "P" JohnsonEric From: Bill Nelson <bill@orickmarine.com> Sent: Wednesday, August 30, 2017 2:24 PM To: JohnsonEric Subject: RE: 180 Channel Dr, Roof Material Yes, that was in April I think, he took the picture from the barge, we were backfilling the yard after the seawall cap cured. Thanks, Bill Nelson (239) 216-0112 Greg Orick II Marine Construction, Inc. From: JohnsonEric[mailto:EricJohnson@colliergov.net] Sent: Wednesday, August 30, 20171:35 PM To: Bill Nelson <bill@orickmarine.com> Subject: FW: 180 Channel Dr, Roof Material Thanks, Bill. Is the house in the attached picture, the house at 180 Channel Drive? Respectfully, Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner From: Bill Nelson [mailto:bill(,Dorickmarine.com] Sent: Wednesday, August 30, 2017 11:52 AM To: JohnsonEric <EricJohnson0colliergov net> Subject: 180 Channel Dr, Roof Material Hi Eric, Holly asked me to send this to you for the boathouse roof on Channel Dr. We are going to match this existing metal roof that he has on the house, picture attached from when we did the seawall. Thanks, Bill Nelson (239) 216 — 0112 Greg Crick 11 Marine Construction, Inc. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a I■■a- ■�4 ff�Mml Zq HEX TITLE • PETITION NO. BDE-PL20170001321 — Darren and dill Martens request approval of a boathouse pursuant to Section 5.03.06.F of the Collier County Land Development Code for the benefit of Lot 22, Block C, of Conner's Vanderbilt Beach Estates Unit 1, also described as 180 Channel Drive, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. • • 117 -CPS -01680/1346285/1117 Martens Boathouse / BDE-PL20170001321 6/19/17 Cone y • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergow.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre -application meeting to determined a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre -application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre -application meeting the pre -app fee will be forfeited and will not be credited toward the application fee. In orderfor the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock • Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. • 6/3/2014 Page 1 of 7 Ca ev Giounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 v .calliergov.net (239)252-2400 FAX: (239( 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): 0 DOCK EXTENSION 0 BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by nag DATE PROCESSED APPLICANT INFORMATION Applicant(s): Darren and Jill Martens Address: 180 Channel Drive City: NaplesFL 34108 State: ZIP: Tele phone:586-854-4955 cell: Fax: E -Mail Address: Dmartens@techinduction.com Name of agent: Holly LindslyBill Nelson Firm: Greg Crick II Marine Construction Address: 27171 Driftwood DR City: Bonita Springs State: FI ZIP: 34135 Telephone: 239-949-5588 Cell: 239-980-3225f239-216-0112 Fax: 239-301-2238 E -Mail Address: info@odckmadne.com PROPERTY LOCATION Section/Township/Range:2�78 2 255 property l.D. Number. 27482960000 Subdivision: CONNERS VANDERBILT BCH EST #1 Unit: 1 Lot: 22 Block: C Address/ General Location of Subject Property: 180 CHANNEL DR NAPLES, FL 34108 L • 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-�wty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.cGillergov.net (239) 252-2400 FAX: 1239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N CHANNEL DR/ROW/RSF-3 SINGLE FAMILY RESIDENCE S WATERWAY/RSF-S CANAUSINGLE FAMILY RESIDENCE E RSF-3/WATERWAY/RSF-3 SINGLE FAMILY RESIDENCEICANAL W GULF SHORE DR/ROW/RSF-3 SINGLE FAMILY RESIDENCE DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): INSTALLA 25' %40 BOATHDUBE OVEREXISTING PERMITTED DOCK (PRBD20170101Mp). BOATHONSE IS TORE OPElI ON ALL SIDES_ I SITE INFORMATION • 1. Waterway Width: 1m ft. Measurement from ❑ plat X survey ❑ visual estimate ❑ Other (specify)_ 2. Total Property Water Frontage: 80 ft. 3. Setbacks: Provided: Required:is ft. 4. Total Protrusion of Proposed Facility into Water: 20 ft. S. Number and Length of Vessels to use Facility: 1. 28 ft. 2._ft. 3.—Ft. 6. List any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway of each: 187 Bayview gvv,21.3at 176 Bayview A-20.258 156 Chinn& U -20.10R, 139 Bayrigw Av�20.13fl. Z60 Cliannd Dr - 20.25R 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? o.zz Acres S. 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 Q No If yes, please provide copies. 6/3/2014 Page 3 of 7 Com y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX; (239( 252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 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.) 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 petitioners application is unable to launch or moor at mean low tide (MLT). (The petitioners 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.) 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.) 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.) S. 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.) 6/3/2014 Page 4 of 7 9 11 • Com • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRITERIA I. 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.) 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.) 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.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.061 must be demonstrated.) • 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must he demonstrated.) • 6/3/2014 Page 5 of 7 Conn.^ w y COLLIER COUNTY GOVERNMENT 2000 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension Q Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting. and rime or 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 NOT REQUIRED Completed Application (download current form from County website) 6 Signed and Sealed Survey ❑ ❑ ❑ Chart of Site Waterway 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 facility; 6 ❑ ❑ • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour ofthe property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization signed and notarized 1 ❑ ❑ Completed Addressing Checklist 1 ❑ ❑ Electronic copy of ail required documents *Please advise: The Office of the Hearing Examiner requires all materials 1 ❑ ❑ to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 6 of 7 E is Com y • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 • • PLANNERS— INDICATE IFTHE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVI EWERS: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review: See Pre -Application Executive Director Meetin Sign -In Sheet Addressing: Annis Moxam Graphics: Madam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Hlstodcal Review ❑ Comprehensive Planning: See Pre -Application Meeting Sign -In Sheet ❑ Immokalee Water/Sewer District. Conservancy of SWFL: Nichole R an Parks and Recreation: Vickyqhmad County Attorneys Office: Heidi Ashton-Ocko Transportation Pamwa s: Stacey Reny ❑ Emergency Management: Dan Summers; arW/or ❑ School District (Residential Components): Amy EMS: Artie Ba Heartlock ❑ Engineering: Alison Bradford I fie° I I I Transportation Planning, John Pod¢erwinsky ❑ I Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: G Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 ❑ 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 informatip may result in the delay of processing this petition. til S a -i Signature of Pe [ioneror Agen Date 6/3/2014 Page 7 of 7 • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) ?I aC>I -7C�oo 133.1 I, Qt f Ell MAY-FeY\S (print name), as pu.�rtcY (title, if applicable) of rye. DR. (company,If a livable), swear or affirm under oath, that I am the (choose one) ownerQapplicantEDcontract purchaserand 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. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property vrill be transferred, Conveyed, sold or subdivided subject to the conditions and restrictions imposeM�d yyy the approved action. 5. well authorize i�DW t, Ur�d61L2 to act as ourlmy representative in any matters regarding thi etition including 1 through 2 above. 'Notes: • If the applicant is a Corporation, then if is usually executed by the Corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (LC.), 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. is 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, 1 declare that I have read the foregoing Affidavit of Authorization and that the facts at true. _.Signature Date STATE OF FLORIDA COUNTY OF COLLIER The �Ming instrument was sworn to (or affinned) and subscribed before me on S (date) by d�crr }G+r,S (name of person providing oath or affirmation), as btZr14e-r who k�small 1WHIM W m^. or who hw produced (type of identification) as identification. Q,(/ STAMPISE,NL Signet "t Notary A—ub c [=(44M NELSON n • Ff 20]130 ieaian Eapiree OS, 2019 CPiWCon-0911slXi REV3/24/14 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) FLao!'I000 (3aj TT Y¢n'7 (print name), as O L-0 -e r (tide, rf +'�l'�¢TT>a.- (company, Na plicable), swear or affirm am the (choose one) owner�applicantF-contract purchaserlland that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposeQ byy j{he a roved 81c�oon. 5. Well authorize (-}hl l4 LI t� lU to act as ourlmy representative in any matters regarding this petition inclyding 1 through 2 above. 'Notes: • If the applicant is a corporation, then d 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 behaff of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner^ of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts, stated in it are tru / Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on $- �� / if (date) by r 6� lA-i ay +ens name of providing ( person rovirod oath or affirmation), as o1.Jtur who is personallyknown b me or who prod Iced (type of identification) as identification. •�rJ/� STRMP/SEAL 019MMIM of Notar Public w=LL1AN'E.,LS.ONN1 Jdres CM00LOA-00115Jss REV W2M14 • • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PLaa I'? CCp 3a1 v., A - r (pont name), as G2itinot' able) of (title, if oath, that I am the (choose one) owner a (company, ff Mlioeble), swear or affirm Q' pplicantnconbact purchaser( land that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed �Yat�he appjgvad action. E Well authorize N7t �� T'or. , to act as our/my representative in any matters regarding this pebbon including i through 2 above. `Notes: • Hthe applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • N the applicant is a Limited Liability Company (L.LC.) or Limited Company (L. C.), then the documents should typically be signed by the Companys "Managing Member. • If the applicant is a partnership, then typically a partner can sign on behalf of thepartnership. • If the applicant is a limited partnership, then the genera/ partner must sign antl n 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 applicants status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated _in_Iiatrl ge Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on •'-(•c.r-4 5--- 8-11 (tion), aby s net' O W (name of person providing oath or affirmation), as who is personally knower to _y_ has produced (type of identification) as identification. STAMP/SRAL Sign :erre oi'riojary Public HOLLY LINpS"t lJ ag fit=; Notary sank - State Dt FloriOa ' Cammkai0n x FF 969598 F MY Co... ExDiva Jun 29. 2020 • •°`��D•'` Bonded lbr ugh National Wary Assn. • CPeBCOA-001151155 REVS 4 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) PL aol�oc� 13a..� as OLOrYr (title, if fcomoanv. If aoolicable1 swear or affirm under oath, that I am the (choose 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. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed bpy�Zjsh„�e appro�9ed @conn. 5. Well authorize V1 arm e.1S A/'1 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. pros. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (LC.), 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 1 have read the foregoing Affidavit of Authorization and that the facts stated in it are true. . 0AYrf S/ x) STATE OF FLORIDA COUNTY OF COLLIER The foregoi-n1� instrument was swom to (or affirmed) and subscribed before me on S- B -1% (date) by / r �I �Gt'✓1enS (name of person providing oath or affirmation), as of or who is personally known tome or who has produced (type of identification) as identification. ` n` siANV/sF.u- Signature of Nota ublie ••Y xouv uxosLv n � Nolely PuNlk - 91a1e of Fonda Commission k FF 9fi9fi9fi My Comm, txpims Jun 29, 2020 fianAeN INrou9N NaliRlal Nmuy Assn. • cmav-con.e¢umsu REVS /14 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROMITHMANAGEMENTDIVISION NAPLES, FLORIDA 34204 www.collhtolma.net (239)252-2400 FAX (239)292-924 LEGAL DESCRIPTION of subject pm antyor properties (Copy oTlengthy dascriptum maybe attached) Conym-g'< VAdp-cRear geH Es -r- Pylr1 gzel- y FOLIO (Property ID) NUMBER(,) cf above (attach b, ormosoome, with, legal desaiption i/rr1ore man one) •92Y?-2q,,,xm S29 T49 R25 STREET ADDRESS orADDRESSES (as applicable, daLea ty"egned) /frn i!'nno/ ZWzy A/'o/PS FL df//o8" • LOCATN)N MAP must be attachetl showing exao loratlon of prolecVeae m relatlon to nearestpudk mad right- of-way • SURVEY(mpy - needed onIyf. umosied properties) PROPOSED PROJECT NAME (dapplkable) N/A PROPOSED STREET NAMES f6aoo6oahlel BITE DEVELOPMENT PLAN NUMBER (forexisfir prommisearmeordy) SDP or ARm PLR ADDRESSING CHECKLIST Please complete Ne following and email to GMD-Addressing@colliergov net or fax to the Operations Department at 239-252-5724 or submit in parson to the Addressing Department st the above address.Eon must W signed bAddressision belabored PH. to pre,spoficatio. dw plem allow 3 does for Prosepaidin . Not all items will apply to every project Items in bold type are required FOLIO NUMBERS MUST BE PROVIDED. Forms other Man 6 months will require additional review and approval by the Addressing Department PETITION TYPE (Indicate type below, complete a sepamm Addressing Checklist ror each Patton type) ❑ §L (Blas&g Permit) ❑ SDP (Sita Development Plan) BD( Bare Dock Extension) 0 SOPA(SDPAmendmant) 0 CamivaVCacus Permit 0 SON(Inaubstantial Change to SDP) 0 CU(Comditimmi Use) 0 SIP(Sita Improvement Plan) 0 EXP(Excavation Permit) 0 SIR(Imsubstential Change to SIP) 0 FP (Fine Plat 0 SNR(Stsmt Name Chang.) ❑ LLA (Lot Line Adjustment) 0 SNC (Street Name Change - Unplaaad) ❑ PNC(Projeot Name Cbange) 0 TOR(Trander o Development Rights) 0 PPL( Plans B Plat Review) 0 VA (Variance) HPSP (Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) PUDRezone 0 VRSFP(Vegetation Removal N She FIN Peread 0 RZ(Standard Rezone) 0 OTHER LEGAL DESCRIPTION of subject pm antyor properties (Copy oTlengthy dascriptum maybe attached) Conym-g'< VAdp-cRear geH Es -r- Pylr1 gzel- y FOLIO (Property ID) NUMBER(,) cf above (attach b, ormosoome, with, legal desaiption i/rr1ore man one) •92Y?-2q,,,xm S29 T49 R25 STREET ADDRESS orADDRESSES (as applicable, daLea ty"egned) /frn i!'nno/ ZWzy A/'o/PS FL df//o8" • LOCATN)N MAP must be attachetl showing exao loratlon of prolecVeae m relatlon to nearestpudk mad right- of-way • SURVEY(mpy - needed onIyf. umosied properties) PROPOSED PROJECT NAME (dapplkable) N/A PROPOSED STREET NAMES f6aoo6oahlel BITE DEVELOPMENT PLAN NUMBER (forexisfir prommisearmeordy) SDP or ARm PLR c� `y GROWTNMANAGEMENTDNISION NAPLES, FLORIDA 343a4�u^Y • w .sulliereaY.net (239)252-2400 FAX (239)252-5]24 Project or dewlapment names proposed for, or already appearing in, condominium documents (if application; indicate isheMer proposed or existing) Please Return Approved Checklist8y: p�Email ❑ Fax ❑ Persenallypltlmdd u�p Applicefa Name: �pl YGI15 �Gle4 0r/�k�[ Mi1/'iA� LBIISf Phone: %yC/' 6S5— Emaill inA/04", /i16I/ne 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 27482960000 Folio Number Follo Number Folio Number Folio Number Folio Number ApproYed IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • 0 I 1 6 Phot Map I oft hnp/lmapa.CollierappMiserCeeMapprincMp itl�ManeakonenImLANDSCAPE@gape., 3001 edaIUU* Prcye'hAwaxr 40 Na h rGm re�aM<NaWrbmmnlhEWD�D�tlrykimVSGrRraupbaaklnlTrelbiropianW pppayppnppgpare poktlbNebM1kionbwa. ahmmmm en 411201 7 10:11 AM wa 22. BLOCK C" CONNEVS IAEOEBBMT BEACH ESTATES UM NO, t Bow w.c wB¢. l e M a e a a --z a O evwEx uurtos ' �— - exaseaasea _ PROPOSED STTE PLAN MEL HATTON=�z,-g-.-s. 1 XI— :1112 R IJpO %IIPVS199S dC��' 0 F- 1 L J r, 1 LJ n u -W GREG ORICK MARINE I Name: Darren Martens CONSTRUCTION, INC, (20 905 Address: Date: 180 Channel Dr Naples, FL 311MW 34108 Approved Signature: ]AI Approved Date: d' Co eY county • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierRov.net Assigned Planner: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meeting Notes Petition Type 1J UV' Date and Time: —. _l- ---f-- ! 3,0 Engineering Manager (for PPL's and FP's): t Project information Project Name: ` 0 PL #: 210 11- Ov 0 k3 21 Property ID #: 2- T y. Z -J 6 y0 D Eurrent Zoning: l !w 1 3 Project Address: State: _ ' Zip: Applicant: is Agent Name: • Agent/Firm Address: Property Owner: Phone: City: State: Zip: Please provide the following, if applicable: N ,1Z L Total Acreage: ii. Proposed # of Residential Units: ji iii.Proposed Commercial Square Fo: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 4/26/2017 Page 1 1 of 5 C0*e7 Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes f o-0 -C O u *-w q`V� cv, S 1,44, P � dwn `F CA -0 Updated 4/26/2017 Page 1 2 of 5 • • • a Updated 4/26/2017 Page 1 2 of 5 • • • • • • Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Collier County Contact Information: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch@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 Scott Stone Assistant County Attorney 252-5740 Scottstone@colliergov.net ❑ Dale Fey North Collier Fire Safety dalefey@colliergov.net ❑ Eric Fey, P.E. Utility Plan Review 252-2434 ericfey@colliergov.net ❑ Impact Fee Administration ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ElAlicia Humphries Right -Of -Way Permitting 252-2326 aliciahumphries@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Greater Naples 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 ❑ Michele Mosca, AICP Impact Fee Administration 252-2466 michelemosca@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ElMariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net ❑ Bill Pancake North Collier Fire Safety 252-2310 billpancake@colliergov.net ❑ Laurie Beard PUD Monitoring 252-5782 lauriebeard@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net Updated 4/26/2017 Page 14 of 5 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum, P.E. Stormwater Plan Review 252-290 brettrosenblum@colliergov.net Richard Orth Stormwater Plan Review 252-5092 richardorth@colliergov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 petershawinsky@colliergov.net ❑ Eric Johnson, AICP, CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Kris Vanlengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwaish@colliergov.net ❑ David Weeks, AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 christinewilloughby@colliergov.net Camden Smith Zoning Services/ Operations Analyst 252-1042 camdensmith@colliergov.net Patty Kulak Zoning Services / Planning Tech 252-1035 patriciakulak@colliergov.net ❑ John DeBlasiis Zoning Services /Planning Tech 252-1050 johndeblasis@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email rr ate Updated 4/26/2017 Page 1 5 of 5 • • • • • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Fina) SUbMMW:Aequiretnbrit Checklist for- El Dock Extension ❑ Boathouse.,'- Chapter oathouse.Chapter 3 B. of the.Adrtjlnistraid�r Code - - .- -••• uu1mS use rie-Hppncauon 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 Completed Application (download current form from County website) Signed and Sealed Survey Chart of Site Waterway 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 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 Completed Addressing -Checklist Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. "F IREQUIRED I NOT COPIES - REQUIRED 0 1 1 1 I d I ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 6 of 7 Co► e- G�ou y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑Environmental Review: See Pre -Application Meeting Sign -In Sheet KI Addressing: Annis Moxam Graphics: Mariam Ocheltree 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 County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways: Stacey Revay ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Heartlock ❑ ❑ Engineering: Alison Bradford Other: ❑ Transportation Planning: John Podczerwinsky Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: ❑ Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 ❑ 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 6/3/2014 Date Page 7 of 7 • • fEast PJL GREG ORICK MARINE Name: Darren Martens Approved Signature: t Address: 180 Channel Dr CONSTRUCTION, INC,\`aples, FL 34108 p a M (239) 9'495588 Date: 3/30/2017 Approved N 1 2 y r i - vraP�aa eoauwu � - -_ u 1900 ftr i 22 20Mi2u 25' 19' B*LR r I i GREG ORICK MARINE Name: Darren Martens Approved Signature: t Address: 180 Channel Dr CONSTRUCTION, INC,\`aples, FL 34108 p a M (239) 9'495588 Date: 3/30/2017 Approved N I God W000 FILr5 .6 CCA T"ATZC� ra WOOD Flat, G CCA IR"ATED �YflirAo OPEN ALL 51rIE5 x PLAN VIEW 2PLY2. 10#2 5yr. ry 80 fZ) �t`LS'd GALV TI"Ku. 6005 PER PC6TL (TYfl(AQ ROOF PLAN flTAh0ItJG 5P -W METAL PIOC�F �tR 12) LAY R5 CW 300 FftT OP 9W BEif AUtEP,IFaG DITUMINDU5 UPOEPlAYMENT 32 METAL P0,)r ,51 Pff ELEVATION pppo51Tt NQf 51MILAF?� 5CALE: s 34*- 1',OP tXl5T, 5EAWALL CAP 4 & NAVD 5TANDING SEAM METAL O 'of OVER 12) LAYIP op DEPLAYMENT 12 F 5IMP51"N H4 @ EACH 2,:4 #2 SYP, Pr CP055' TIE5 @ EACH 0,MR, I IET 5VTV ROIfWITH MARINE S�t-ATMING. ATTACH IWIIH eld OALV RING 5HANKfD NAIL5 @ V O , FDGE5 t 12' O.C. 51iffET CfNIEP-', EACH RAPTOR GALVI DRIP 5Trip pr-lC2,I8 #2 bYr, Pt FA50A 2 PLY 2 , 10 02 5yp, FT. et"t ATTACHED WITH 5&d rAW- U. OPEN ALL 51 DE5 PER flclsl ('YPICAL) II II 11 II I1 II L Doer BY II II II II II II it 11 II II II II II IC II II It II AfPP-'CyAMAtf e0TTOM LINE PlLf5 TO W MIN. 2xr #2 VM. FT DAU>tAL 5KACIIIG ATTACH MTK (2) 1.2' j . 5' tr4 GAV4, LAG ft%', EACK VID, �ICACa r�. 2+d BAXTER A f 5CIA VXK 5Y OPEN ALL i 2,4 P�T. AN4 OUTLOOKER5 -Z-111" I 1 2.4 P.T. FRAME WALL a 2-1- O.C. I SECTION 29 1 DOC -K BY OTHEP-5 -1 (7d WOOD PTIX5 2 5 CCA TREATED M'P!CAL,I WIND LOAD SUMMARY III sm wm WSW In "A PAY"M IU MAN (WWM) IM tATEKW I CrOMW CAT KXM oomwmm U - Vmm a mm WROKAL F!I[S71NY DOWWOM "/A am im Tw wm ■ ROOF PLAN flTAh0ItJG 5P -W METAL PIOC�F �tR 12) LAY R5 CW 300 FftT OP 9W BEif AUtEP,IFaG DITUMINDU5 UPOEPlAYMENT 32 METAL P0,)r ,51 Pff ELEVATION pppo51Tt NQf 51MILAF?� 5CALE: s 34*- 1',OP tXl5T, 5EAWALL CAP 4 & NAVD 5TANDING SEAM METAL O 'of OVER 12) LAYIP op DEPLAYMENT 12 F 5IMP51"N H4 @ EACH 2,:4 #2 SYP, Pr CP055' TIE5 @ EACH 0,MR, I IET 5VTV ROIfWITH MARINE S�t-ATMING. ATTACH IWIIH eld OALV RING 5HANKfD NAIL5 @ V O , FDGE5 t 12' O.C. 51iffET CfNIEP-', EACH RAPTOR GALVI DRIP 5Trip pr-lC2,I8 #2 bYr, Pt FA50A 2 PLY 2 , 10 02 5yp, FT. et"t ATTACHED WITH 5&d rAW- U. OPEN ALL 51 DE5 PER flclsl ('YPICAL) II II 11 II I1 II L Doer BY II II II II II II it 11 II II II II II IC II II It II AfPP-'CyAMAtf e0TTOM LINE PlLf5 TO W MIN. 2xr #2 VM. FT DAU>tAL 5KACIIIG ATTACH MTK (2) 1.2' j . 5' tr4 GAV4, LAG ft%', EACK VID, �ICACa r�. 2+d BAXTER A f 5CIA VXK 5Y OPEN ALL i 2,4 P�T. AN4 OUTLOOKER5 -Z-111" I 1 2.4 P.T. FRAME WALL a 2-1- O.C. I SECTION 29 1 DOC -K BY OTHEP-5 -1 (7d WOOD PTIX5 2 5 CCA TREATED M'P!CAL,I WIND LOAD SUMMARY WM MW NDW Ir sm wm WSW In "A PAY"M IU MAN (WWM) IM tATEKW I CrOMW CAT KXM oomwmm U - Vmm a mm WROKAL F!I[S71NY DOWWOM "/A am im Tw wm DOCK WIT"5TVm 1c, 0'c: 5y ATTAC" WIT" I i�d rALV 5MW rAbLE END5 WITH "'cP5 :omt,4� N50 I $v EXTErlop T. I 4 WALL TOP BOTTOM 51"I"TING ATTAC.4ED Wj ;,.a rlLAV COMMO" a I!, C TO ALL MtM"K5 II k ENP ELEVATION ioPP051TE EMD SIMILAR) tnABI E ENp f7ETAIL ALL SIMPSON CONNECTORS SHALL BE 8 MAX TRIPPLE ZINC COATED OR ALL STEEL. I m I 0 0 0 a� • m IAT 22. BLOCK "C" CONNER'S VANDMMMT BEACH ESTATES UNIT NO. 1 eW dim aw«EL oR NMl6. noww7 iim oy u'Rw_ 4 Q 1u4� �m l , 1N11NwR"-1 51�w✓++-' Tr Pl.1.Tal�.ft 6WcREc O K u MARINE CONSTRUCIgN DARKEN MARTENS S IYO w .R6— - e..cs— DF SL g /) eM ae qun.c \\�h L 63 c,& F IEGL OESCP�Pnox a a ". MEL HATTON ". T,ANm snaysr l mc. gas asm eases ae®. emru mns .u®�. awa SrrE PLAN 0 PL20170001321 REV 3 � v°-\ p.4. !.AW - LOT 22. BEACH ESTATES UNIT No�ERB7LT (ileo � Da �. ll m ) Mf l AA, � t #� lima uue INE CousiRi N t,l wb Wn PROPOSED SITE PLAN MEL HATTONM - yb••� uNn smm� �. we Fw wr wxe P� w®.. e�w Pt 20170001321 REV 3 • • 0 • 0 0 LAT 22, BLOCK ER*S EACH FETA NO DI NO* (J�Bn CWV1'EL URN£, NP%fS. r=m) ASvm �� E a N �pGW 6 c s.a GREG ORICK U Ny yo1 l!—�kl MgRINE OON� OMREN 1�4RiQl5 6Y`is _ _®_ m _ PROPOSED SITE PLAN MEL HATTON. [.ANO SU VEYORS. INC. 5 /m ux oua � �m-ewco®4 ru®� PL 20170001321 REV D u • COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRBD2017010176001 PERMIT TYPE: MR ISSUED: BY: APPLIED DATE: 01-17-17 MASTER #: COA: JOB ADDRESS: 180 Channel DR JOB DESCRIPTION: REMOVED FAILING BOATHOUSE IN ITS ENTIRETY JOB PHONE: & DOCK / REPLACE AT LATER DATE / REVISION TO SHOW CONSTRUCTION PLANS 180 CHANNEL DR SUBDIVISION #: FLOOD MAP: FOLIO #: 27482960000 OWNER INFORMATION: MARTENS, DARREN M & JILL M 63020 INDIAN HILLS DR WASHINGTON , MI 48095 - FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: $5,000.00 BLOCK: ZONE: ELEVATION: SECTION -TOWNSHIP -RANGE• 29-48-25 APPROVAL DATE 0 1 -24-17 CONTRACTOR INFORMATION: GREG ORICK II MARINE CONSTRUCTION, INC 27171 DRIFTWOOD DR BONITA SPRINGS, FL 34135 - CERTIFICATE # c -,.8%i TOTAL RES SOFT: 350 PHONE: TOTAL COMM SOFT- 0 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: WATER: CONTACT NAME: CONTACT PHONE: LOT. Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional Stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental tities such as water management districts, state agencies, or federal agencies. en WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH IS YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. httpJ/www.00ll iemppmiser.com/Main_Search/RecordDmii.html?Fol... Collier County Property Appraiser Property Summary iyW He. l':6:3vD)BL 3ile Fac '. c. IH6VnIC 0¢ Nmrc/Mama ^�mrus. oaRREN M=.FUM .3Bze irvwary Nxss o. zw res aMy. o m..m zs un nzz i&i�e0.9n0 '4kuR14�» cy w.:»�ncoN sm. M. wow. svm w. .w� 2016 Certified Tax Roll legN CONNEP'3 VPNYEPKIIi WNEST UMRI BIX c n M eaa` �N f �1�0060 smx.mo z33zw canxsxf vPNOERanr Bcxrs •� S I,N3.Vl »-rae.• .. excu seMxv REvrvSrvH.s farm Sales History NIPS sxmB mnona ss�.3�� sr. NSB .., BticMvae ww. BVSV�; S.aLYaa .. WMNI;n S RJW MM1)Af i30)-340! SM Wd r . re eur mme W/IBry: 636.}319 60 f�wp �" Pmmea Vduo fg ... »eemNe i-; .Kltlanel wmmua zw res aMy. o m..m zs un nzz i&i�e0.9n0 '4kuR14�» zaPoi am. ra 2016 Certified Tax Roll s :,SN,fw S IIf E03 f �1�0060 S I,N3.Vl NIPS sxmB • • 1 Of 1 1/92017 7:47 AM Details http://www.miliemppmisercom/Main_ Search/RecordDetail.hW?FoL.. wen wvsra, ij raeu. a.,,g.aaaa,e • ozoee<nwn,,,,ay �, waoewr a.ro , a.,;a sxwa,a ..rm„noum cx�xn a,w xo. z;aaxemma s m,.:.. noa • is I oft 1/92017 7:48 AM r Ease ' on w,n SeaVA GREG ORICK MARINE Name: Darren Martens Approved Signature: CONSTRUCTION, INC, Address: ISO Channel Dr (239) 9495588 Date: I ap1017L 34108 Approved Dae; 1 0 1 0 4 GREG ORICK MARINE CONSTRUCTION, INC, (239) 949.5588 Name: Darren Martens Address: 180 Channel Dr Naples, FL 34108 Date: 111212017 Approved Signature: Approved Date: A Po N 74pg U0� E c � N wr« SETBACK 1JUIREMEN1 y R SIDE �S' i z FRONT q ac REAR O`{ m ys N (SAW) c iz E61 21 ) A N O O omswg w�i.w ol�.,�MPpC�� 8000 lft)_/ _ m M, o.6nm q! GREG ORICK II MARINE CONSTRUCTION DARREN MARTENS � \6 '�g �v�rcan »r mc. Amm 4 ..WPIERWPY� 0 LOT 22, BEACH NUNIT D1RBILT iecMo ESTATES NO. (#180 CHANNEL DRIVE, NAPLES, FLORIDA.) (60 "rah: Vit_ Po N 74pg U0� E c � N wr« SETBACK 1JUIREMEN1 y R SIDE �S' i z FRONT q ac REAR O`{ m ys N (SAW) c iz E61 21 ) A N O O omswg w�i.w ol�.,�MPpC�� 8000 lft)_/ _ m M, o.6nm q! GREG ORICK II MARINE CONSTRUCTION DARREN MARTENS � \6 '�g �v�rcan »r mc. Amm 4 ..WPIERWPY� 0 I Wood Piling r— Decking i Stinger ! r foist r_ 2.61 10 1410%ortoReftA p Typical Dock Construction Pilings -9"+ Diameter, 2.5 CCR Marine Pressure Treated Southern Yelbw Pine (SYP) with Vinyl Pile Wrap stringers - 3" x 8' ,60 CCA Pressure Treated SYP Joists • 2" x 9' .60 CCA Pressure Treated 5YP past sparing • N" Max on Center) Cap Timbers - 3" x 8'.60 CCA Pressure Treated SYP Decking- 2' x 6' .21 CA Pressure Treated z1 Dense SSS or Optionor Composite Decking, Hardware - 518" diameter NDG Bolts minimum or Stainless Steel upgrade Deck Fasterners -16d SS Ringshank Nail a =10 SS Deck Screws optional FOR OVER Pr 5 YEARS GREG ORICK MARINE CONSTRUCTION, INC. Typical Dock Construction (239) 949.5588 1 0 6 • Holly Lindsly From: Greg Crick Marine Construction Sent Wednesday, February 1, 2017 8:14 AM To: Holly Lindsly Subject: FW: FDEP ERP Self -Certification Receipt Attachments: dl2a5e22742dfOf572bc57c6b65355ad.pdf, e36128bb9e83dc4edle5ecledc8ff.pdf; AquaticVegetationGuidelines 1 01.pdf; SeaTurtleAndSawfishConditions_7 01.pdf; f387e63d9le7d6abb59c7944e6lc333d.pdf • From: no-reply@dep.state.fl.us [maiho:no-reply@dep.state.fl.usj Sent: Wednesday, February 1, 2017 7:55 AM To: Greg Orick Marine Construction <mfo@orickmarine.com> Cc: ROSERT.8.BARRON@USACE.ARMY.MIL; ERP.SELFCERTS@dep.state.fl.us; NMFS.SER.PROGRAMMATICREVIEW@NOAA.GOV; FDEP-SP@USACE.ARMY.MIL; MARIE.VIDRINE@dep.state.fl.us Subject: FDEP ERP Self- Certification Receipt 02/01/2017 Florida Department of Rick Scott Governor Environmental Protection Carlos Lopez-Cantera Bob Martinez Center Lt. Governor 2600 Blair Stone Road Tallahassee, Ronda 32399-2400 Jonathan P. Steverson Secretary Receipt for Submission SELF CERTIFICATION FOR A PROJECT AT A PRIVATE, SINGLE-FAMILY RESIDENCE Self Certification File No.: 0350894001EE File Name: 180 Channel Dr Naples, FL 34108 - Self -Certification Modify With Boat Litt (General) Dear Greg L. Crick Il: On, 02/012017, you used the Florida Department of Environmental Protection's electronic Self Certification Process to certify compliance with the terms and conditions of the Federal State •Programmatic General Permit (SPGP) Self Certification Process for a pmject at private, single-family residence located at: LAT - Degrees: 26 Minutes: 15 Seconds: 50.2502 • LONG - Degrees: -81 Minutes: 49 Seconds: 20.8922 SITE ADDRESS: 180 Channel Dr Naples, FL 34108 COUNTY: Collier For: Darren Martens 63020 Indian Hills DR Washington, MI 48095 You have certified that the project you propose to construct at the above location meets all the conditions of the Self -Certification Process. A project that is built in conformance to those conditions (attached for reference) will: Qualify for a regulatory exemption under Section 403.813(i)(b) of the Florida Statutes (F.S.) and Chapter 62-330, Florida Administrative Code (F.A.C.). As such, it is exempt from the need to obtain a DEP Environmental Resource Permit.: Qualify for Consent by Rule or Letter of Consent (as applicable) under Chapter 253, F.S. and Chapter 18-21, F.A.C. (and Chapter 258, F.S. and Chapter 18-20, F.A.C., if applicable), when the project is located on submerged lands owned by the State of Florida.; Your Self -Certification is based solely on the information you provided under this process, and applies only to the statutes and rules in effect when your certification was completed. The certification is effective only for the specific project proposed, and only if the project is constructed; operated, and maintained in conformance with all the terms, conditions; and limitations stated in the Self -Certification Process. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may i result in a permit being required. You have acknowledged that this Self Certification will automatically expire if: 1. Construction of the project is not completed within one year from the self -certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. Receipt of this Self -Certification constitutes authorization to use sovereignty/state-owned submerged lands, as required by rule 18-21.005, F.A.C. The authorization must be visibly posted during all construction activities. In waters that are accessible to manatees, obtain information on your mandatory Manatee Protection sign by clicking here. FEDERAL STATE PROGRAMMATIC GENERAL PERMIT (SPGP) 0 • You have certified that the project you propose to construct at the above location meets all the conditions of the SPGP Self -Certification Process and will be built in conformance to those conditions (attached for reference). Your proposed activity as certified is in compliance with the SPGP program. U.S. Army Corps of Engineers (Corps) Specific conditions apply to your project, attached. No further permitting for this activity is required by the Corps. In the event of the transfer of ownership of the property by sale or by any other means, when the structures or work authorized by this SPGP Self -Certification are stilt in existence at the time the property is transferred, the terms and conditions of this SPGP Self -Certification will continue to be binding on the new owner(s)of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this SPGP Self -Certification and the associated responsibilities associated with compliance with its terms and conditions, the attached transfer of SPGP Self -Certification request must be completed and submitted to the Department at the time of transfer of ownership. The address is given below on the attached transfer form. This SPGP Self -Certification is based solely on the information you provided under this process, and applies only to the statutes and rules in effect when your certification was completed. You have recognized that your certification is effective only for the specific project proposed, and provided the project is constructed, operated, and maintained in conformance with all the terms, conditions, and limitations stated in the SPGP Self -Certification Process. This Self -Certification will not apply if any substantial modifications are made to the project. You agree to contact the Department for review of any plans to construct additional structures or to modify the project, as changes may result in a permit being required. You have acknowledged that this Self -Certification will automatically expire if. 1. construction of the project is not completed by midnight, July 25, 2021, unless construction commenced or a contract to construct was executed before July 25, 2021, in which case the time limit for completing the work authorized by the SPGP ends at midnight, July 25, 2022. However, in no case can construction continue for more than one year beyond the Self -Certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self -Certification are not followed, or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self -Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. If you have any questions; please contact your local Department District Office. Contact information can be found at: http://wcvw.dep.state.fl.us/water/wetlands/docs/sler eontacts.pdf. For further information, contact the Corps directly at: http://www.saj.usace.army.miYMissions/Regulatory.aspx. When referring to your project, please use the SPGP Self -Certification file number listed above. Authority for review - an agreement with the U.S. Army Corps of Engineers entitled Coordination Agreement between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. ADDITIONAL INFORMATION This Self -Certification Process does not relieve you from the responsibility of obtaining other permits or authorizations from other agencies (federal, state, Water Management District, or local) that may be required for the project. Failure to obtain all applicable authorizations prior to construction of the project may result in enforcement. 0 If you have any problems with the attached documents, please call the ERP Coordinator at (850) 245-8495 or • by e -mailing us at ERP eAppskdea.stawfLus. Sincerely, Florida Department of Environmental Protection Attachments: FDEP Terms and Conditions SPGP Terms and Conditions SPGP Transfer Letter Aquatic Vegetation Guidelines Sea Turtle And Sawfish Conditions 0 I0 of l !/92017 7:47 AM http://www.coll ierappraiseccomMlain_Search/RecordDetail.hhnt?FoI... Collier County Property Appraiser Property Summary • grex No. 2. rtNmoc None/Afbea MA WR[N M-«,uLM 63pEOINDIW WrLLS pq uM rasXDUTDY sole 3n zq a:o55 Mav xn T 5¢Ycr, .'meMP gang. =/'=5 w1xu. Auu'i rima 2332W C223A29 2y � a22 bgtl (DµIFA { vANDEROIIT BCX gi WI! I RISC LO3 R 3u4KmJv i. m [ xRs vnxoreeli rcirr �^ vR�4r4..� AbW DMer W [otleer 51X41£fAMILy Rf51DE.Yl1A4� Taml Sys 6200 11.(53 2016 Certified Tax Roo wmn' xtgo3 sl..z3. s -um ••• .: ImIXowJ YeWe gN313D e:: Stl 5135503 L2VY: Md II.6.:166 r rvaM K/1l/05 3]4304 X5i 25A ,.: SmwXeme 51.514SY W/18/91 S�q� 16 I]9T,.N Oz 52p6.03I 1 1 S0 -1 MomN4V 5209•' s z.1m r � AYaIY„N mm�dd >ma.v„I.,. 5a.0A0 •r'°"'—^--' wl.rm,o..l.„r,..m>I.,.. own.o,, sz+asst I0 of l !/92017 7:47 AM Martens Boathouse Criteria PL 20170001321 Boathouse Criteria: 5.03.0£.F 1. Side setbacks provided: 16 feet on the left (West) and 15 feet on right (East). 2. Maximum protrusion into waterway is 20 feet or 20 percent of the 100 feet of waterway. 3. Maximum height of boathouse roof will be 15 feet above existing seawall cap as provided on the engineering drawings. 4. The proposed boathouse will be the only structure on the property besides the upland structure. S. All sides will be left open as shown on the engineering drawing. The boathouse overhang is 27' also shown in the boathouse drawing. 6. The roof material will be plywood and hurricane straps to specifications and the same color and material as the principal upland structure. 7. The boathouse is located well within the setbacks of the uplands property(as shown on survey) and is in the same location as previous boathouse as to minimize the impact on the view of the adjacent neighbors. 0 AGENDA ITEM 3_H Cottie-r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 12, 2017 SUBJECT: BDE-PL20170000565, GAYNOR BOAT DOCK EXTENSION PROPERTY OWNER: Jill B. Gaynor 75 Pelican Street West Naples, FL 34113 REQUESTED ACTION: AGENT: Jeff Rogers Turrell, Hall & Associates, Inc, 3584 Exchange Ave, Naples, FL 34104 The petitioner is requesting a 56 -foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, as described in Section 5.03.06 of the Land Development Code (LDC) which will allow construction of a boat docking facility protruding a total of 76 feet into a waterway that is approximately 1,500 feet wide per the petitioner, based upon aerial photos. GEOGRAPHIC LOCATION: The subject property is located at 75 Pelican Street West, further described as Folio Number: 52344120005 of the Public records of Collier County, FL, in Section 31, Township 51 South, Range 26 East. Collier County, Florida. (See location map on the following page.) BD-PL2017-0000565; 75 Pelican Street W Last revised: 9125117 Page 1 of 9 HEX Hearing 10/12/17 Capri BUID PROJECT LOCATION Pelican ST VV Location Map Zoning Map Neill PURPOSEIDESCRIPTION OF PROJECT: The petitioner (according to the application) is proposing to keep the existing dock and boat lift, but replace an existing kayak lift with a traditional 4 pile deck over lift. The proposed jet ski lift is 12 feet by 14 feet and has been designed for two jet skis. This petition, if approved will ".. . keep the dock in the same footprint and just replace one of the two existing boat lifts..." This will also include the additional 6 -foot protrusion from the previously approved BD -90-11. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is developed with a single-family house with a zoning designation of RSF-4. SURROUNDING: North: Capri Pass, a waterway, with a zoning designation of A -ST South: Single-family house, with a zoning designation of RSF-4 East: Single-family house, with a zoning designation of RSF-4 West: Pelican Street West, then a mixture of residential uses, with a zoning designation of RMF -12 ENVIRONMENTAL EVALUATION: The subject property has an existing shoreline of rip -rap rocks. A submerged resource survey provided by the applicant found no seagrasses or significant submerged resources. The provisions of the Collier County Manatee Protection Plan apply to multi -slip dock facilities with ten (10) slips or more and to all commercial marina facilities, and aside from one location within the county, do not apply to individual docks located behind individual residences. BD-PL2017-0000565; 75 Pelican Street W Last revised: 9125117 Page 3 of 9 HEX Hearing 10/12/17 Therefore, the provisions of the Collier County Manatee Protection Plan do not apply to this facility. Stipulation: A Special Treatment permit will be required to be obtained prior to approval of the building permit. STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria. The HEX must determine that at least four of the five primary criteria and four of the six secondary criteria have been met pursuant to LDC Section 5.03.06.H, to approve this request. Staff has reviewed this petition in accordance with LDC Section 5.03.06 and finds the following: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The agent offered the following for consideration: The subject property is zoned for a single family residential unit which warrants no more than 2 slips per the CC -LDC. The proposed project consists of replacing one of the 2 existing lifts with a new 4 pile traditional boatlift as well as including the additional 6 -feet of protrusion from the previously approved BDE. There is also a davit swing lift attached to the existing dock which is not a traditional boatlift nor slip due to the vessel being placed over the deck area. Criterion met. The proposed dock facility is deemed appropriate in relation to the approximately 59 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.) The agent offered the following analysis: The reason for the original BDE was driven by water depths and limited shoreline area inside the required setbacks. This BDE request is to remove and install anew 4 pile decked BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 4 of 9 HEX Hearing 10/12/17 over boatliftas well as to include the additional 6 -feet ofprotrusion due to the existing dockextendingoutpastthepreviouslyapproved50 foot extension (B-9(1-11). Criterion met. Staff concurs with the agent's analysis. 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. The dock is proposed to protrude 76 feet into an approximately 1,500 -foot wide waterway, using an insignificant portion of the waterway. Navigation thru the waterway should not be impeded. 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. The dock is proposed to protrude 76 feet into the canal, which is 5 percent of the waterway, leaving 95 percent of the canal as navigable water. There will be negligible impact to navigation. 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. The dock is proposed to maintain the minimum required setbacks from the riparian lines, allowing navigation of adjacent docked boats. 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.) The agent offered the following analysis: The subject property location and shape in relation to adjacent properties has a very limited riparian area to design/construct a docking facility that can accommodate two boatlifts. Additionally, the shoreline consist of a large rip -rap area which extends landward of the property line. Due to this condition the access walkway portion of the dock needs to protrude further out into the waterway in order to decrease the access walkway's slop [sic] and reach adequate water depths. BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 5 of 9 HEX Hearing 10/12/17 Criterion met. As noted above, this lot has an unusual configuration where the landward area meets the water (see excerpt below). Rip rap extends as well. METAL LIFT fr1^p.] 2-1, 4.2' -w LIrF [TVA.] alarram OF M.L.W. LINE W V RAP ELEV. _ - I'a, (&LEV. • -I.5, MOT ACJ TO MLW) :IrI �- x 3" NO ID R) I'33'63"W 93' (M) --~ ADJACENT WOOD DOCK 15.3' SWING LIFT ,—(TYP. ) (IMPROVEMENTS NOT SHOWN) rt m� LOT 109 NOTE: UQUNUAKY LWE I$ T11E M -M -W. LFNU SLEV, r O -S' t[]P pt• RIpRAf+ f PiLiV,� 7A' NOT AC7J. TO MLWI I A, came 9F1 WALL �• '—" -40 FrR 112' N89" 1 91001 (NO fp 0) 3''5.07' (P) Ni88'44'05'W 34.69'(M) LOT 108 OF LAND FIR 'F12" S89'09.24^E FIRIC 5113• (Nso rrs #) 69.06' (M) (# 25 4> S89'1 9'00"E 70.00• (D) I I� iQ Excerpt from the petitioner's survey (NTS) 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 BD-PL2017-0000555; 75 Pelican Street W Last revised: 9125117 Page 6 of 9 HEX Hearing 14/12/17 WOab .1� N89-19'00" W FIR 112^ �— Q. 1' 70.00' (D) (NO ID N) Ne9'30'37"W MOT (M) UR 800FC 3464. POS 761-762 CO�LIPR Gt?UNI-Y- FL (IMPROVEMENTS NOT SHOWN) rt m� LOT 109 NOTE: UQUNUAKY LWE I$ T11E M -M -W. LFNU SLEV, r O -S' t[]P pt• RIpRAf+ f PiLiV,� 7A' NOT AC7J. TO MLWI I A, came 9F1 WALL �• '—" -40 FrR 112' N89" 1 91001 (NO fp 0) 3''5.07' (P) Ni88'44'05'W 34.69'(M) LOT 108 OF LAND FIR 'F12" S89'09.24^E FIRIC 5113• (Nso rrs #) 69.06' (M) (# 25 4> S89'1 9'00"E 70.00• (D) I I� iQ Excerpt from the petitioner's survey (NTS) 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 BD-PL2017-0000555; 75 Pelican Street W Last revised: 9125117 Page 6 of 9 HEX Hearing 14/12/17 area not directly related to these functions. (The facility should not use excessive deck area.) The agent offered the following for consideration: The existing docking facility consist of 609 square feet of decking which was previously approved by BD -90-11. The proposed project consists of replacing one of the two existing boatlifts as well as to include the additional 6 -feet ofprotrusion from the previously approved BDE. The new boatlift will be a decked over boatlift which will increase the total overwater structure by 168 square feet bringing the total deck area up to 777 square feet. This style of boatlift allows for safe access to PWC and or kayaks by providing additional decking area. Criterion met. Staff concurs. This petition provides reasonable, safe access without excessive deck area. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. The dock is proposed to moor a 30 -foot vessel, which exceeds 50% of the 59 -foot length of the water frontage. 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 view shed of neighboring properties should not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. The Submerged Resources Survey indicates no seagrass beds within 200 feet; therefore, there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a single-family lot and is not subject to the provisions of the Manatee Protection Plan. BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 7 of 9 HEX Hearing 10/12/17 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. Therefore, this petition meets the criteria for approval. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the CCPC takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of Zoning Appeals. Such appeal shall be filed with the Growth Management Department Head within 30 days of the action 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 County Attorney Office has reviewed the staff report on September 25, 2017. RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BDE-PL2017-0000565, with the condition that an ST permit must be sought and approved prior to the issuance of any permits to construct the boat dock. Attachments: Application & Support Documents BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 8 of 9 HEX Hearing 10/12/17 PREPARED BY: Z 9 KAY D ELEM, AICP, PRINCIPAL PLANNER DAT ZONING SERVICES SECTION REVIEWED BY: 9 1? r 7 —/2-11, RAY BBVLOWS, MANAGER DATE ZONING SERVICES SECTION 9'- Z a> MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/18117 Page 9 ❑f 9 HEX Hearing 10/12/17 .5er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE OWE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.05 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre -application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre -application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre -application meeting the pre -app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing, Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 2/2$/2017 Page 1 of 7 • 0 • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LOC Section 5.03.05 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check ane): ■❑ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Jill B. Gaynor Address: 75 Pelican St. W city. Naples state: FL QIP; 34113 Telephone: Cell: Fax: E -Mail Address: lohngaynor@prempack.Com Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave City: Naples State: FL QIP; 34104 Telephone: 239-643-0165 Cell: 239-784-0081 Fax: 239-643-6632 E -Mail Address: Jeff@THANaples.com PROPERTY LOCATION Section/Township/Range: 31151 S / 26E property I.D. Number: 52344'120005 Subdivision: Isles of Capri Unit: 1 Lot: 109 Block: Address/ General Location of Subject Property: 75 W Pelican St., Naples FL Current Zoning and Land use of Subject Property: RS F-4 2/28/2017 Page 2 of 7 Ae-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Replace an existing kayak l t with a traditional 4 pile decked over boat lift. The proposed boat lift is 12'x 14' and has been designed for 2 jet skis. The existing dock protrudes out 76 -feet from the Sop of rip -rap, which as proposed will not change. This BDE request is to keep the dock in the same footprint and just replace one of the two existing boat lifts as well as to include the additional 6 -feet from the previously approved BD -90-11 SITE INFORMATION 1. Waterway Width: 1500 ft. Measurement from ❑ plat ❑ survey ❑ visual estimate Q other (specify) Aerial 2. Total Property Water Frontage: 59 ft. 3. Setbacks: Provided: 7.5 ft. Required: 7.5 ft. 4. Total Protrusion of Proposed Facility into Water: 76 ft. S. Number and Length of Vessels to use Facility: 1. 30 ft. 2. ft. 3. ft. G. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are adjacent existing docking facilities which all protrude greater than the allowed 20 -feet protrusion into the subject waterway. As designed the dock is consistent with others an the same waterway as shown on the attached exhibits sheet 7 of 7. 2/28/2017 Page 3 of 7 • • 0 Zoning Land Use N A -ST Capri Pass S RMF -12 Miss Residential E RSF-4 Residential Single -Family W RSF-4 Residential Single -Family DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Replace an existing kayak l t with a traditional 4 pile decked over boat lift. The proposed boat lift is 12'x 14' and has been designed for 2 jet skis. The existing dock protrudes out 76 -feet from the Sop of rip -rap, which as proposed will not change. This BDE request is to keep the dock in the same footprint and just replace one of the two existing boat lifts as well as to include the additional 6 -feet from the previously approved BD -90-11 SITE INFORMATION 1. Waterway Width: 1500 ft. Measurement from ❑ plat ❑ survey ❑ visual estimate Q other (specify) Aerial 2. Total Property Water Frontage: 59 ft. 3. Setbacks: Provided: 7.5 ft. Required: 7.5 ft. 4. Total Protrusion of Proposed Facility into Water: 76 ft. S. Number and Length of Vessels to use Facility: 1. 30 ft. 2. ft. 3. ft. G. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are adjacent existing docking facilities which all protrude greater than the allowed 20 -feet protrusion into the subject waterway. As designed the dock is consistent with others an the same waterway as shown on the attached exhibits sheet 7 of 7. 2/28/2017 Page 3 of 7 • • 0 • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net .Cgter County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 site of the petitioned property? 0.18 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 K No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 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.) 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.) 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.) 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.) 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.) 2/28/2017 Page 4 of 7 Clv er Gl maty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (234) 252-6358 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.) 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.) 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.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.05 1 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 2/78/2017 Page 5 of 7 0 i • 0 • 0 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net 1239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ■❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code i ne Tonowing Sunmittal 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 NOT COPIES#OFREQUIRED REQUIRED Completed Application (download current form from County website) 6 Signed and Sealed Survey ❑ ❑ ❑ Chart of Site Waterway LJ Li Li 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 6 ❑ ❑ 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 ❑ ❑ Comp leted Ad d ressing Checklist ; ❑ ❑ Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials 1 ❑ ❑ 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. 2/28/2017 Page 6 of 7 AT-4"Co�;Oun�ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT 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: FEE REQUIREMENTS: © Boat Dock Extension Petition: $1,500.00 0 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. 0 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. 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. JJ1 — Sin re of P itioner or Agent 2/28/2017 {P /5-/ -2 D to Page 7 of 7 • UPDATED PRIMARY CRITERIA I] • PRIMARYCRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 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 subject property is zoned for a single family residential unit which warrants no more than 2 slips per the CC -LDC. The proposed project consists of replacing one of the 2 existing lifts with a new 4 pile traditional boatlift as well as including the additional 6 -feet of protrusion from the previously approved BDE. There is also a davit swing lift attached to the existing dock which is not a traditional boatlift nor slip due to the vessel being placed over the deck area. 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.) See attached survey/drawings illustrating the existing docking facility and associated slips which were approved by the previous BDE. The reason for the original BDE was driven by water depths and limited shoreline area inside the required setbacks. This BDE request is to remove and install a new 4 pile decked over boatlift as well as to include the additional 6 -feet of protrusion due to the existing dock extending out past the previously approved 50 -foot extension (BD -90-11). 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.) The existing docking facility was previously approved through the Collier County BDE variance process (BD -90-11). However during this BDE request it was determined the existing dock protrudes further out into the waterway than what is was approved by BD -90-11. Therefore we are also requesting for the additional 6 - feet of protrusion in order to have the existing dock compliant. 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 is 1,500 -feet wide. The existing dock protrusion is 76 -feet which is just a little over 5% width of the waterway. 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 existing docking facility currently does not meet the required side yard setback of 7.5 -feet. The proposed boatlift footprint will be within the required 7.5 -foot setback, which will prevent interference with any existing or future neighboring docking facility. I* 0 UPDATED SECONDARY CRITERIA 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.) The subject property location and shape in relation to adjacent properties has a very limited riparian area to design/construct a docking facility that can accommodate two boatlifts. Additionally the shoreline consist of a large rip -rap area which extends landward of the property line. Due to this condition the access walkway portion of the dock needs to protrude further out into the waterway in order to decrease the access walkway's slop and reach adequate water depths. 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 existing docking facility consist of 609 square feet of decking which was previously approved by BD -90-11. The proposed project consists of replacing one of the two existing boatlifts as well as to include the additional 6 -feet of protrusion from the previously approved BDE. The new boatlift will be a decked over boatlift which will increase the total overwater structure by 168 square feet bringing the total deck area up to 777 square feet. This style of boatlift allows for safe access to PWC and or kayaks by providing additional decking area. 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.) The existing docking facility has been designed to moor one vessel at least 30 -feet in length and 2 personal watercrafts (PWC) on the proposed decked over boatlift. Therefore this criteria is not met. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) As proposed the dock has been designed within the designated setbacks and is consistent with others on this waterway. Therefore no new impacts to neighboring property views of the waterway will result from the proposed project. 171 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) There are no seagrass beds present on the property nor the neighboring properties within 200' of the existing dock structure 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.I I must be demonstrated.) The proposed work is a single family dock facility and therefore not subject to Manatee Protection Requirements • 0 AFFIDAVIT OF AUTHORIZATION r • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) � 00Q �e S I, :�-i l l o (print name), as (title, if applicable) of f(company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant=contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposgby the approved action. 5. Well authorize fc z i , [f 4 �ssr ,� i,(- - to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. *Notes. - * 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, thea the general partner must sign and be identified as the "general partner" of the named partnership. a 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 eclare that I have read the foregoing Affidavit of Authorization and that th cts stated i are tr _ nnat�sru Da e STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on .513( (date) by (name of person providing oath or affirmation), as CJ n e who is personally known to me or who has produced L - t C (type of identification) as identification. iicfz STAMPISEAL Signature of Notary Publil ti'"' " 4 LEE M. RUSSELL R z My COMMISSION # FF 032412 `s FEXPIRES: October 30, 2017 a SRF }4, Bonded Thru Notary Public Underwriters CP108-LOA-001151155 REV 3124114 COWER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiiiergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 752-5724 LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Isles of Capri NO 1 LOT 109, LESS WLY 5FT S31 T51 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if mom than ane) 52344120005 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 75 Pelican Street West, Naples, FL 34193 ■ LOCATION MAP must be attached showing exact location of projeWshe In relation to nearest public road right- of-way ightof-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Gavnor Boat -lift PROPOSED PROJECT NAME (if applicable) Gavnor Boat -lift PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing prgfectslsifes only) SDP_- or AR or PL # • ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must bo �igDAW Addressing Dersonnel prior to pre-app,Jicatiog,Mogna, please allow 3 darts for proceseing. 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 Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Camlval/Clrcus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Impmvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Isles of Capri NO 1 LOT 109, LESS WLY 5FT S31 T51 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if mom than ane) 52344120005 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 75 Pelican Street West, Naples, FL 34193 ■ LOCATION MAP must be attached showing exact location of projeWshe In relation to nearest public road right- of-way ightof-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Gavnor Boat -lift PROPOSED PROJECT NAME (if applicable) Gavnor Boat -lift PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing prgfectslsifes only) SDP_- or AR or PL # • CAur " Comity COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergoy.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 [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 Applicant Name: Jeff Rogers Phone: 239-643-0166 ❑ Fax ❑ Personally picked up EmalifFax: Jeff@thanaples.com Signature on Addressing Checklist does not constitute Project andfor Street Name 0 approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 52344120005 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by, (f �L^° Date: 2/8/2017 Updated key: Date: • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED PRE -APPLICATION MEETING NOTES -S�a �Qftnty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Assigned Planner: 2:. A clll-a -jeas ilJt Engineering Manager (for PPL's and FP's): I Project Name: S ca/yN PL#: -Lo I-1 0C) 05-to'y" Property ID #: 523 L14 12 O O OSCurrent zoning: FS Project Address: y 94,U COL S t6 0 City:: I� State: F L Zip: l Applicant: L -x r 1(41—C `" 1 A -u Q' TVC" g t-) C-A Agent Name: _ t R 0 e. eK S Phone: 215 - % 4 3 r 01 (o (o Agent/Firm Address: I S�,� G.•�C/%G►�nf�. nState: FL Zip: '3111410 Property Owner: � Please provide the following, if applicable: i. Total Acreage: ll. Proposed # of Residential Units: a� p ill. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this projec please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: IMML Co . er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierizov.net (239) 252-2400 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 A Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch, P.E. Transportation Planning 252-2361 StephenBaIuch@colIiergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing -Asst. County Attorney 252-8773 heidiashton@colliergov.net ElSue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey, P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net 9� Eric Johnson, AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net • 0 • • • s C.v . M riHty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Brandi Pollard Utility Impact fees 252-6237 brandipolIard@colIiergov.net ❑ Fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith, AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EIIenSummers@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 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email .500 " �coumty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierg v.net (239) 252-2400 • • Residential Boat Dock Extension Checklist Submerged Resources Survey Checklist 1. Is there an overlay? ST overlay needs an ST permit (much of Isle of Capri & Keewaydin has an ST toOverlay over the water) 2. Seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph. (LDC 5.03.06 I) Provide a submerged resources survey from an Environmental Consultant done between P530 3. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds. (LDC 5.03.06 J.) P530 4. Provide complete answers to Secondary Criteria #5 & #6. (Use Misc in CV) 5. Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized. (LDC 5.03.06 J.4) P530 6. The dock shall be field adjusted to minimize impacts to mangroves. (LDC 5.03.06 I.2) Remove this checklist item — look at LDC? P530 7. Provide a clearing plan for removal of any vegetation related to the boat dock. This is simply an information exhibit being requested. (Use Misc in CV) 0 8. Are there any draft restrictions? Look at the MPP. (Use Misc in CV) Keewaydin: BDE not required for Keewaydin Most always need an ST permit related to a Building Permit— water and land have ST Overlay Seagrass: Light penetration is needed to survive, usually in more shallow areas Submerged Resources Survey: - Read thoroughly - Check location description for street & waterway (if given) - Check to see if it was uploaded to CV - Indicate in CV "Comments box" if one was done & if it was uploaded to CV *****SEE SUGGESTED FORMAT OF SUBMERGED RESOURCES SURVEY ON NEXT PAGE***** J�n 6almz -�- 75 QeAcayiS1 kk,6� &0 DO eco GUL --.._...._­.--- -_—INDIC SUBDIVISION INDEX unuE P.B. Pg. nuu.1 AMpR roR n RAlw R�� 3 a^ mRrAs�ea�w"> IRC COUNTY OF COWER, RORIDA. AOCPTED JUNE 22. 20 CNAIR.. ATTEST CLERK 0 0 0 BeasleyRachel Subject: PL20170000565(BDE) • Location: Conf Room "C" Start: Tue 2/21/2017 1:30 PM End: Tue 2/21/2017 2:30 PM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: AcevedoMargarita; AhmadVicky; AlcornChris; Amy Lockhart -Taylor (lockha@collierschools.com); AnthonyDavid; ArnoldMichelle; AshtonHeidi; AuclairClaudine; BaluchStephen; Beard Laurie; BeasleyRachel; BrethauerPaula; BrownAraqueSummer; BrownCraig; BurtchinMark; CascioGeorge; CondominaDanny; CrowleyMichaelle; David Ogilvie; dfey@northcollierfire.com; DumaisMike; FaulknerSue; FeyEric; FleishmanPaula; GarciaShirley; GewirtzStorm; GosselinLiz; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia; JacobLisa; jnageond@sfwmd.gov; JohnsonEric; JourdanJean; KendallMarcia; KurtzGerald; LenbergerSteve; LevyMichael; Imartin@sfwmd.gov; LouviereGarrett; MartinezOscar; MastrobertoThomas; McCaughtryMary; McKennaJack; McKuenElly; McLeanMatthew; MoscaMichele; MoxamAnnis; NawrockiStefanie; OrthRichard; PajerCraig; PancakeBill; PattersonAmy; PepinEmily; pjimenez@sfwmd.gov; Poch mara Natalie; ReischlFred; RosenblumBrett; SantabarbaraGino; SawyerMichael; ScottChris; Shar Hingson; ShawinskyPeter; Shawn Hanson; SheaBarbara; SmithCamden; SmithDaniel; StoneScott; StrainMark; SuleckiAlexandra; SummersEllen; SweetChad; TempletonMark; VanLengenKris; WalshJonathan; WeeksDavid; Wickham Flannery; WilloughbyChristine; CrotteauKathynell; RodriguezWanda; Jeff Rogers; lee@thanaples.com 0 Planner -Rachel Beasley Fire District —Isle of Capri -Greater Naples Fire ***************************************************** Project Type: Pre -Application Meeting Project Description:BDE Existing Application Name : Meeting Type: Pre -Application Meeting Preferred Date: February 15, 2017 Unavailable Date: Location: 75 pelican St W Naples, FI 34113 Parcel Number: 52344120005 Full Name: Jeff Rogers Email: ieff@thanaples.com , lee@thanaples.com Company Name: Turrell, Hall & Associates, Inc 3584 Exchange Ave Naples, FI 34140 Representing: Owner: Gaynor Contact Number: Work:239-643-0166 • • Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. l,oiiier t ounxy YroperLy Hppraiser Property Summary Parcel No. 52344120005 Site Adr. ! 75 PELICAN ST W, NAPLES, FL 34113 Name / Address GAYNOR, JILL B 3509 WATERLEAF COURT City a LOUISVILLE State KY Zip 40207 Page 1 of Map No. Strap No. Section Township Range Acres *Estimated s 6B31 ; 426400 10961331 31 51 26 0.18 _.._ ..... ._. Legal ;ISLES OF CAPRI NO 1 LOT 109, LESS WLY 5FT Millage Area ! 91 Millage Rates* *Calculations Sub./Condo ! 426400 - ISLES OF CAPRI UNIT 1 School Other r Total Use Code 611 - SINGLE FAMILY RESIDENTIAL 5.245 6.258 ' 11.503 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) .m_ _ ...... ..._....w. ..- tti_... ...., .....___....... .. .,. �. ___ Date Book Page Amount Land Value $ 504,000 04/09/15 5140 2968 $ 3,200,000 i -._ . __.--- _ _ _ _ _.. a .._ . _ ........ _. (+) Improved Value $ 660,062 03/02/04 3511 416 ? $.25,000 .. _ (—) Market Value 03/16/99 2523-2532 $340,000 _ ....__.._ ..___ __ $ 1 164,,062, 01/01/90 1498-885 3 $ 145,000 ( ) Assessed Value ( $ 1,164,06215 02/01/86 1178-507 $ 0 (_) School Taxable Value $ 1,164,062! (_) Taxable Value $ 1,164,062 If all Values shown above equal 0 this parcel was created after the Final Tax Roll • itp://www.collierappraiser.com/main_searchlRecorddetail.html?Map=No&FolioNum=52344120005 2/21/201 Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 1990 COUNTY 90-2123 09/11/90 RESIDENCE 1999 ; COUNTY 1999110071 DOCK 1999 COUNTY 9905-1556 ADDITION _.... 2003 ..__._. _ ._..___ COUNTY __.__.. _ __ ....._ 0305-1744 _.___ _ _ ____ 04/06/04 .... RESIDENCE, DEMOLITION 2005 j COUNTY 0401-2301 05/04/04 SEA WALL 2007 COUNTY 0305-1749 05/25/06 RESIDENCE __. __. 2007 I COUNTY 0501-0455 04/20/06 ! -- ----------- --- 2007 1 COUNTY 0509-4353 05/25/06 POOL POOL Land Buildin /Extra Features # Calc Code Units # Year Built Description _ p_ -- Area 10 _. _ RESIDENTIAL FF ...... _. 70 ..___ 10 ... ... ..... 2006 RESIDENTIAL _ .. 2754 1 _ _ _.. 6237 20 2006 SWIMMING POOL 560 1 560 30 2006 SPA 28 j 28 40 2006 BRICK DECK --_.. _ 956 956 . ..... _ 50 .......... ...... 2006W .. ...._... DECK . 330 .... 330 60 ......... 2006WOOD _._ DOCK 571 571 70 2004 SEAWALL 75 75 ttp://www.collierappraiser.com/main_searchlRecorddetail.html?Map=No&FolioNum=52344120005 2/21/201 BD -90-9 (EY) Quin P. Hasse, President of the Board of 6/14/90 Stevens Landing Condominium Association, requesting a 50 foot boat dock extension to allow for a 110 foot boat dock facility for property located at 50-300 Stevens Landing Drive, known as Stevens Landings Condominium. CCPC 8/2/90 RES 90-8 FEE $250.00 BD -90-10 (CB) Tripp, Day and Maher Associates, Inc., 7/19/90 representing Les Bowen, requesting an 7 foot boat dock extension to allow for a 27 foot boatd dock facility for property located at 1371 Caxambas Court, Lot 23, Block 414, Marco Beach Unit 13. CCPC 9/6/90 RES 90-10 FEE $250.00 • is Ronald W. Morgan Construction, representing Ralph & Carolyn Shockey, requesting a 50 foot boat dock extension to allow for a 70 foot boat dock facility in order to achieve adequate water depth (3.0' at MLW) for property located at 75 W. Pelican Street, Lot 109, Isles of Capri #1. CCPC 9/6/90 RES 90-11 FEE $250.00 BD -90-12 (RM) Wayne Furfey of Ronald W. Morgan, Inc., 11/14/90 representing Donald M. Sehleifer and Dina Schleifer, requesting a 5 foot boat dock extension to allow for a 25 foot boat dock facility and lift for property located at 495 Thorpe Court, Lot 5, Block 378, Marco Beach Unit 12. CCPC 1/3/91 RES 90-12 FEE $250.00 BD -90-13 (CB) John C. Thiel and Karen A. Thiel, requesting a 11/27/90 62' boat dock extension to allow 36' of additional dock to be added to an existing 46' dock for a total protrusion of 82' from the property line for property located at 11 Pelican Street East, Lot 39, Isles of Capri No. 1. CCPC 1/17/91 RES 91-1 FEE $250.00 BD -90-4 (CB) Ronald W. Morgan Construction, representing 4/26/90 Ralph & Carolyn Shockey, requesting a 50 foot boat dock extension to allow for a 70 foot boat dock facility in order to achieve adequate water depth (3.0' at MLW) for property located at 75 W. Pelican Street, Lot 109, Isles of Capri #1. CCPC 6/21/90 RES 90-5 FEE $250.00 BD -90-5 (EY) Tripp, Day and Maher Associates, Inc., 5/22/90 representing William Feikert, requesting a 10 foot boat dock extension to allow for a 30 foot boat dock facility for property located at 175 Hilo Street, Lot 407, Isles of Capri #2. CCPC 7/19/90 RES 90-6 FEE $250.00 BD -90-6 (CB) Marco Marine Cosntruction, representing 5/30/90 Plantation Condo, requesting a 16 foot boat dock extension to allow for a 36 foot boat dock facility in order to extend out over the existing rip rap revetment along the shore for property located at 1000 South Collier Blvd., Lot 1, Block 587, Marco Beach Unit 21. CCPC 7/19/90 RES Denied FEE $250.00 BD -90-7 (EY) Ronald W. Morgan, representing Le Club 6/4/90 Caxambas, Inc., requesting a 12 foot boat dock extension to allow a 32 foot boat dock facility for property located at 920 Collier Court, Marco Island, Lots 17, 18 & 19, block 338, Unit 10, Marco Beach Subdivision. CCPC 9/6/90 RES 90-9 FEE $250.00 BD -90-8 (CB) Richard Mayer of Naples Dock and Lift Systems, 6/13/90 Inc., representing Judy and Inge Johnstone, requesting a 1 foot boat dock extension to allow for a 21 foot boat dock faciliity for property located at 354 Oak Avenue, Lot 10, Block I, Connor's Vanderbilt Beach Estates Unit 2. CCPC 8/2/90 RES 90-7 FEE $250.00 Gaynor Dock Submerged Resource Survey April 41h, 2017 GAYNOR DOCK ADDITION � 75 PELICAN ST. W NAPLES, FL 34113 SUBMERGED RESOURCE SURVEY APRm 4TH, 2017 • PREPARED BY: >,*W- TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLEs, FL 34104 0 Gaynor Dock Submerged Resource Survey April 4'h, 2017 is 1.0 INTRODUCTION The Gaynor residence is located at 75 Pelican St. W and can be identified by parcel #52344120005. The property is bound to the East and West by single family residences, to the South by several tennis courts, and to the north by Capri Pass. The property is located at Section 6, Township 52, and Range 26. The landward portion of the property currently contains a single family residence. The seaward portion of the property contains a privately owned dock that extends into state owned submerged land. Turrell, Hall & Associates was contracted to provide environmental permitting services pertaining to the proposed dock addition, which includes completion of a Submerged Resource Survey (SRS). This survey will provide planning and assistance to both the owner(s) and government agencies reviewing the proposed project. The proposed project consists of replacing the current Jet Ski lift with a platform lift. The existing dock will not be altered in any other way. The SRS survey was conducted on March 31' of 2017. Surface conditions consisted of cloudy skies, light to moderate winds out of the north east, and an air temperature of 80° F. The tide was at mid-level upon arrival to the site, allowing for observance of some of the bottom lands from the dock. However, winds, tidal currents, and boat activity both contributed to choppy waves in the pass and high turbidity in the water column, causing reduced visibility. Low tide at the project site occurred at 8:33 A.M. (0.79 ft.) and high tide occurred at 2:32 P.M. (2.3 ft.). The water temperature was 73' F. • 2.0 OBJECTIVE • The objective of the submerged resource survey was to identify and locate any existing submerged resources within 200' of the proposed project. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit in order to verify the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site (or the lack there of), estimated the percent coverage, and delineated the approximate limits of any submerged resources observed. Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). 2 Gaynor Dock Submerged Resource Survey April 4'b, 2017 3.0 METHODOLOGY • Turrell, Hall & Associates biologists intentionally designed the methodology of the Submerged Resource Survey to cover the entire property shoreline for the proposed dock installation. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The survey area was evaluated systematically by following the established transects, spaced approximately 10 -feet apart as shown on the attached exhibit. The existing dock provided a reference point for easily identifiable land markers such as dock pilings which assisted in maintaining position within each transect. 4.0 RESULTS The substrate found within the surveyed area consists of 1 distinct classification: sand with a high • volume of shell debris. This substrate was found throughout the entire surveyed area. The shoreline consists of rip -rap rocks supporting a variety of fish as well as sessile and motile invertebrates such as barnacles and mud crabs. Some of the rip -rap rocks carried historic fragments or remains of oysters, but no live individuals were observed. Algae was observed covering parts of the submerged rip -rap but was not observed in the underlying substrate. The majority of the project site was devoid of vegetative growth, presumably because of a combination of shallow depths, high wave action and volatile tidal currents. Such conditions also create highly turbid waters, reducing penetration of the water column by sunlight. A list of observed species can be seen below in Table 1. Table 1 — Observed fish species Common Name Scientific Name Striped Mullet Mugil cephalus Shee shead Archosargus probatocephalus Crevalle Jack Caranx hippos Barnacle Am hibalanus spp. Mud Crab Pano ius herbstii 0 0 5.0 CONCLUSIONS • F_] L Gaynor Dock Submerged Resource Survey April 4'h, 2017 The submerged resource survey conducted at the project site yielded few findings at best. Barnacles, mud crabs, and historic indicators of oysters could be seen on the rip -rap and pilings. Algae was observed on parts of the rip -rap, but nowhere else around the project site. Seagrasses were not observed anywhere near the project site. All fish species were observed swimming in and around the existing docking facility. Negative impacts to submerged resources are not expected with the proposed project. 4 UPDATED BDE EXHIBITS • 0 • <> LATITUDE: N 25' S& 38.364" <> LONGITUDE: w ar aa' 11.448" COUNTY AERIAL Tell, Hall & Associates, Inc. G AY IV O R B AT L l F T � ¢ �„ � 07-2-17 .R � NOTES Murine & Environmental Consulting 35$4 Exchange Ave. Nspim. F. 34104-3732 LOCATION CRAP ; B3W: ft*0rdWaw*&= rmm. (234) 64W66 F= J2391643-932 SECTION -31 TOWNSHIP- 51 5 RA 4GE- 25E EXISTING - - u LIFT TO REMAIN ARIA.h1 2a 40 ' SGS?N FEET x EXISTING -' p DOCK TO 1 z REMAIN m RIPAR.AN L! � _ SICK EXISTING BOTT0M n OF RiPRAP (ELEV 1.5 NAVD 88) Y { NAVIDU /-/ Jsr Iv H Yk+L - ki 3' 4 EXISTING LIFT TO BE REMOVED MISTING TOP 1PRAP (E1_EV f l �•yy- 3.4 NAVD 88 #ifw=-' .-iii-►•• i `t - . RIPARIAN LINE SETBACK f ` "'� PROP RIPARIAN EINE •r1 r _ :w.►'� 5 ,, .•,r�.��..w TING PLAND NOTES: THESE ORP.YNNOS ARE FOR PERMRTING PURPOSES ONLY kF.':i ARE NOT INTENIDEO FOR CONSTRUCTION USE ALL DATUM S„HOY.N HEREON FS REFERENCED TO MLW - _ SURVEY COURTESY GF. "C01JRT GREGORY SURVEYU40INC.- { SI I E 31113 _Il ADDRESS: ` -•. APPUCAC OM&DDSHORELINE{APPX LF} sem. '- E%ISTWOOwERIPATER STRUOTL,RE QkMX SF) 509 75 PELICAN ST W VMTH CW%ATERvAY LOM TOIARW(AP": ism NAPLES- FL 34143 T10"iDAi W&wgrnvn)= ata' urnv .a.3r Tunr,11, 1lAssoc1�t�,5, Ing, DESg3JEO JR RAIJ OSM 17 R AMMPROTS UWAI NOTE C3 .,� N O F� B QAT L 1 FT COW: RK{ ar ,T JR Marine & Envirormiental Consulting JOB T ,eae _ 3584ExchaageAve. Napim FL 34104-3732 EXISTING AE�& WITH DIMENSIONS SFWETNo_ w�m f7169t :A168�R, Plww. [234] 643-0166 Fu: (239) 643-6632 SECT1OK-31 TOWNSHIP-51S GE- 26 E E)CiSTING LIFT TO • _ - - S' REMAIN +a 24 ria -12ox---FtlPARIAN _ gEXISTING DOCK TG 7 5 X -100- REMAIN� x -14.9 = iQ x -8-8 x-1� RIPARI.AN LINE t ," x -T.5 9 -7.9 ' t x X{ EXISTING BOTTOM a.� x y{� OF RIPRAP {ELEV _ X -6.4 = -1.5 NAVD 88} x MLVVI_ _ {-}1.5 x -3.3 R A\ QQ MHVVL = 4.3' X -1 5-*NAVD88 k N EXISTING - - - -g LIFT TO BE -2.4 G TOP REMOVED x -2.3 i x 5: t=.:� `�`, IPRAP (ELEV .4 NAVD 88 x,: .�� RIPARIAN LINE x -1-o ��#. rte• ..-��?- �` SETBACK x -1.2 .�.. PROP �t RIPARIAN .•- : LIME •�+'',7� XISTING PLAND NOTES: K THESE DRAVNNGS ARE FOR 9EftIRTTNG PURPOSES ONLY AND �'�• �° ..a�� AEE NCT INTENDED FOR CONSTRUCTLOH USE. ALL MTUM SHOWN HEREON IS REFERENCED TO VM SURWY CAURTESY pE "COURT GREGORY SURVEYING INC." y ry+ - •• SURVEYDATED- 3 -IS -17 SFPE ADDRESS: APPUCAN7 CwraED SHORELINE M"K LF): sra EXISTING OVERWATER STRUCTURE (APPX SF;- M 75 PELICAN ST W . VIVTKOFWVERWAY.Iu WTO MFM (APM. Isaw MAPLES, FL 34113 •N TIDAL DATUM: +.Ii. MAwY- s sr I►nv AVL = war Turrell, Hall & Assocats, Inc. �� z R41J �,7 REV NOTE Marine & Environmental ConsultingGAY N Q R B GAT L 1 F,E��L7 3594 Exchange Ave. Naples, FL 34104-373EX AERIAL WITH DEPTHS SHEETTJw HU OFOrB 5 Email: MKw(x32)643-9166 Fax: (23T 643.6632 SECT1QNt-31 TQWNSHIP-51S RANGr=-26E I EXISTING DOCK & UFT TO REMAIL FLIP LIN I'S1Yfii'4Ff17V - ,� LINE MLVVL = -}1.5' _ SETBACK NAVD88 MHWL = 0.3' —1 N AVD88 76' PROTRUSION k li] 00. 5F V05 --- PR114. OPOSED -_ � JET SKI LIFT PLATFORM�ir' ,. EXISTING ! , - DOCK TO s REMAIN! - J' RIPARIAN LINE RIPARIAN SETBACK LIVE EXIST$NG BOTTOM f "} OF RIPRAP (ELEV ,,`• _ -1.5 NAVD 88) Turrell, Hall & Associates, Inc. GAY N G R B C) ^—F L 11= T !j Maxine & Envirommental Consulting 3584 Exchange Ave. Naples. FL 34104-3732 PROPOSED S! ITH DIMENSIONS om Phone: (214) 6434166 Fax: (234) 643-6632 L= +s:ew X EXISTRWT RiPPAR �E SITE ADDRESS: 75 PELIGAN ST W MAPLES.. FL 34113 NOTES: THESE DRA4HNGS ARE FOR PPRMLTLIYG PU'RPL`SES ONLY AND ARE NOT LHTENDW4FMCONSTRUCTiON USE. ALt MTUM SROM WREON IS REFERENCED TO MLW SURVEY COURTESY OF- -COURT GREGORY SURVEYNGIHC- SURVEY DATED- ifs-fT AQPlJCANT OWN"—SHORELINE (APPY LF)- 5" "STWG OVERWOLTER STRUCTURE 1APM SPF &m WOTH OF WATERWAY. MHW TO NNW APPY} 16Do' T-fDAL DATUM- » ?dLW(NAvD)= 4.89' +� MMN{NAvu)= .E.T7 - PROPOSED OVERWATER STRUCTURE (APPX SFJ: 16a TOTAL OVERWATER STRUCTURE HLPPX SF) TFT TOTAL PROTRUSION FROM TOP OF R?PRAP: 78' lOB NO u 15w" 669- SWXT No. 6 of 96 - 15---1 1- - - 9ECTION-31 T0Wt4SHIP-515 NGE-26E RIPARIAN ` a - LINE: _ i- 5/ Ko RIP RI F 5 LIFE MLVIJL= 1.a' Ka: SETBAC] C s a fo zo a NAVD88 . r c _ _ EXISTING NIHWL = 0.3 DOCK 8: LIFT NAVE7$8 TO REMAIN e aVr m PROPERTY LTE Al "r �-- EXISTING TOP OF .i RIPRAP (ELEV ` I {r WL 34NAVO881 - ,x±`= 'rx a o }r — r l�NR• ! i'}t SITE ADDRESS: 75 PELICAN! ST W + NAPLES, FL 34113 Ar - f PROPOSED `#lr= I TIN JET SKI LIFT r EXISTING-= PLATFORM ` 4� ❑OC T,iO _ F _ - - - -'�_ .. NOTES. rT'HEESS'.EpRAWNGS ASRE FOR PERMWFING PURPOSES ONLY ANO REM AI i jj : • ` ARE Nor INTENOEO FOR cmNSTRUCTION USE. ALL DATUM SHUAN HEREON LS REFERENCED TO MLYY SURVEY COURTESY OF "COURT CAEGMY W WB' o INC.' _ - y SURVE``ORTEG 2."A7 RIPARIAN �r Y - r , APPLICANT O+ANEO SWRELIFE(AM LF) 6111 EXISTING OVERWATER STRUCTURE [APPX SF}_ 699 LINE RIPARIAN VL1pTH OF WATERVMY. WM TO MHW (APPx): 15(0• T v aAT SETBACK LINE EXISTING BOTTOM (NAV O}a WW{NAwr- «9.sa OF RIPRAP (ELEV ' �PROPMED OVERyWkTER STRUCTURE(kPPX GF) 1141 F rOTAL OVERWATER S*RUCTURE WWX SF] T" -1.5 NAV D 88) TOTAL PROTRUSION FROM rOP OF RPRAP T4' 09SCNED JR BMJ 9F3�-17 R REV MOTES Turrell, Hall & Associates, Inc. .Y IV R B QAT LIFT DRAWN 9v RW 4NJ or.x�,7 .,a REV M* -E 1 Marine & Environmental Consulting CREATED -,a J 3584ExOangeAw. Naples,FL34104-3132 PRO SITE WITH DEPTHS S�lElNC a�5 Ergil:lill<aW11jk=ia1C5.Wn Phone:W9j643A166 Fax! (239)643-632 SECTION -31 TOWNSHIP -515 F2AfJGE-25E 12' I I i! 1 I I I ' Ct�MHW (++0.30' NAVD) _ t�MLW( 1.50' NAVD) PROPOSED JET SKI LIFT PLATFORM 8' EXISTING DOCK al I CI in w tT!1l, Hall eSe�nvim3584 cl�artgeAve. Ttap=hone: mq3 643-0166 Fax: {Z391643 �b32 GAYNC)FR BOATLIFT C i a 2 � SrALP 9NTrBIr NOTES: • THESE DRAV^NGS ARE FOR PERUTMNG PURPOSES ONLY 44D ARE NOT IN7ENDEDFOR CONSTRUCT[9N USE + ALL DAT+JM SKOMH IEAEON ISREFER�,_NCFD TO MLW + SURVEY COURTESY OF 'COUR7 GREGORY SURVEYING WC!. • SURVEY DATED 7-5 -17 • AF"ANT OMED SMRELINE [APPX LF} 19.1 EXISTMiC OVERWATER STRUCTURE W -PX Sq "s WOTi1 OF VuATER WAY, MFRN TO MHW iAPP*. 1609' TIDAL DATUM' MLWINAW�-- AA(r M)qw("Vtri= was 7PROPOSED 011E ATER STRUCTURE W -PX SF)• 168 1AL OVERVlATER STRUCTLPRE (APPX SF) 777 TOTAL PROTRUSION FROM TDP OF RIPR,gP 71, F LiEi $E0710N-31 70M Z"lP-t515 '440WANC3E-26E 0 T 2.0 JVA3 m IN 7111 76 PROTLISION FROM TOP OF RIPRAP EXISTING EXISTING EXISTING LIFT DOCK — -� RIPRAP -, I �f • + • • • .x ♦ { \/\\/\\/\/�f \/\/\/�/\/\\/\\/\ �� \\/\/\\f'�\/\ / ^, /\\x N j \\j\moi T tyre Hall &Associates, enc. G AY N(D R B O AT L I F T Marine & Envira�ental Cvosulting 35M E�tchamge Ave. Naples, FL 341(14-3732 CROSS SECTION BB Email: wu@t mll-aasocnlessam PWw. (234) 643-0166 Fax: {234) 643-%32 NOTES: THESE ORAYAN6S ARE Fggt PERMITTING PURPOSES ONLY A.No ARE NPT INTENDED FOR WNSTRUCTION USE ALL DATUM SHOWN HEREON IS REFERENCES TO MLW SURVEY COURTESY OF -+COURT OREGORYRURVEY1kG TRC- �• $MVEY DATED.��p 3.16.77 AIE APPLCANTCP D SHORELINE (A PX LFT: I" EICISTWG OVERWATER STRUCTURE IA.PP%SF} 679 WN)TH OF VATERMY. MHW YO i~ IAPPX). 1377' TIDAL OATUY MLWe4AVDr -1-6d' �- YHW RtAM= w.W PROPOSED CNE14WATER STRUCTURE (APPK SF): 148 • TOTAL OVERWATER STRUCTURE CAPPX $P1 777 T07AL PROTRUSION FRC*0 TOP OF RIPRAP 7v SECTION -31 TC>WNSHIP-915 RANGE -26E Emai6: �-- TRANSECT LINE X -11. I X -91 t X -9: �87X 55 ?G 4.6 f��l� L'Ipr�tFyiIVE X X� Y X X -Ira. L 4 X -2.3 X X - •F. 'ski. s . Q Xp 7 RIPARIAN X D9 LiNE X-1.2 .._. %. • :� t�.�fiR.181 ,A SETE ADDRESS: IVY1 r LLti7. T -L J-♦ I I J R 5� - '- vi r, za 40 sc srr �r r< _ k � >.3P Is Turrell, Hall ir Assflal s, Inc. C3 AY IV C) R F3 C) A r L- I F -' Marine 8e Environmental CoCnst�ltirtg 3584 Exchange Ave, Naples. FL34104-3732SUBMERGED RESOURCE SURVEIL r11 Phone: (239) W -01m Fax: (239) 643.6612 NOTES: THESE DRAWRGSARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE- . ALL DATUM SWYM HEREOF! IS REFEREW-ED TO LOLW SURVEY COVRTESY OF, 'COURT GREGORY SURVEYM INC.- .. SUR4EYOATED. 1-16-17 • LPPI,"N1r OVOWD SHORELINE 1APPX LFj: 6YY ,:XS STINGOVERWATER STRUCTURE (APPX SM 6Da WIDTH OF YBATERNW Y. W11W TO MHN 1APPX): 1 Sw 'IDA- DATLW .. UUdSNAVD•- -a,W MHN PJAVD)= +13AW Im :REATFO OEk- 13 - K06 HO- 73 -� SHEET NO: 58 N OC 89 5 SECTfiON-31 TC)WNSHIP- S1 S RANGE- 26E PREVIOUSLY APPROVED 9 0 s Development Services Department ' j Community Development Division I Colder County Government 2800 North Horseshoe Drive I Naples, Fl, 33942-6917 Phone:81316434MM y PLANNING SERVICES f vt AND a October 10, 1990 Mr. Ronald W. Morgan Ronald W. Morgan Construction P. O. Box 15 Marco Island, Florida 33967 REFERENCE: BD -90--11, 75 W. Pelican St. Isles of Capri Dear Mr. Morgan: On Tuesday, September 6, 1990, the Ccdlier County Planning Commission heard and approved BD -90-11. A copy OE Resolution No. 90-11 is enclosed approving this use. If you have any questions, please do not hesitate to contact me. very tr uiXygurss.. _... xwn Kenneth W. Baga_nski Planning Servi&_s Manager KWB/nb/4626 cc: Ralph & Carolyn Shockey Sam Colding, Property Appraiser Stephanie Smith, Project Reveiw File Enclosure RESOLUTION NO. 90- 11 • RELATING TO PETITION NUMBER BD -90-11 FOR AN EXTENSION OF A BOAT DOCK ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of a 50 foot extension to a boat docking facility in a RSF-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 8.46 of the zoning Ordinance of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that the petition filed by Ronald W. Morgan Construction Company, representing Ralph & Carolyn Shockey with respect to the property hereinafter described as: Lot 109, less the westerly 8 feet thereof, Isles of Capri No. 1, as recorded in Plat Book 3, Page 41, Public Records, Collier County, Florida. 1. All docks, or mooring pilings, whichever protrudes the greater into the water, regardless of length shall have reflectors and house numbers four (4) inches minimum size installed at the outermost end on both sides. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number BD -90-11 be recorded in the minutes of this Commission and filed with the County Clerk's Office. Planning Commissioner Mr. Tracy offered the foregoing Resolution and moved for its adoption, seconded by Planning Commissioner Mr. Young and upon roll call the vote was: AYES: Mr. Link, Mr. Hunt, Mr. Tracy, Mr. Keyes, Mr. Smuder, Mr. Young NAYS: ABSENT AND NOT VOTING: • ABSTENTION: Done this 6th day of September , 1990. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA A. 71 ATTEST: -- R. FREDERICK KEYES, CHAIRMAN - FRANK W. BRUTT, AICP Y EXECUTIVE SECRETARY COMMUNITY DEVELOPMENT ADMINISTRATOR APPRO D AS TO FORM AND LEGAL SUFFICIENCY: I O'l A � MCM MARJO IE M. ESTURL ASSISTANT COUNTY ATTORN y SWORN TO AND SUBSCRIBED BEFORE ME THIS _t ; DAY OF 1990. NO f &WAYi 0' RCWVA =IUD il� lWt�ecot'�i11a^jti'..4 f"P klja, 2:!. 4 M COMMISSION EXPIRES BD -90-11 RESOLUTION nli/A7An AGREEMENT I, Wayne Furfey of Ronald W. Morgan Construction Company, as owner or authorized agent for Petition BD -90-11, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on, September 6, 1990. a. All docks, or mooring pilings, whichever protrudes the greater into the water, regardless of length, shall have reflectors and house numbers four (4) inches minimum size installed at the outermost end, on both sides. PETITIONER O i 1c+,.�.s.. REPRESENTATIVE FOR CPC SWORN TO AND SUBSCRIBED BEFORE ME THIS l© DAY OF C�P�� , 1990. 6EAL ' NOTARY PUBLIC STATE OF FLORIDA MY dommISSION NY COMISSION EXP. AUG.15.1994 EXPIRES., SOM THP.0 GENERAL IMS. UND. BD -90-11 Agreement Sheet 4414 PC r • 0 0 r y AGENDA ITEM 3-B • MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: MAY 8, 1990 RE: PETITION NO: BD -90-4 AGENT/APPLIC=T: Agent: Wayne Furfey Morgan Construction P.O. Box 15 Marco Island, Florida 33969 Owner: Ralph & Carolyn Shockey 75 West Pelican Street Isles of Capri, Florida 33962 1. GEOGRAPBI¢ LOCATION: The subject property is located at 75 West Pelican Street, on Johnson Bay and further described as Lot 109, less the westerly 8 feet thereof Isles of Capri No. 1 (see location map on following page). 2. REQUESTED ACTION: Petitioner is requesting a 50 foot boat dock extension to allow for a total protrusion into the water way of 70 feet. 3. PORPOSL,(pSSCRIPTION OF PROJECT: r Petitioner wishes to build a 70 foot dock in order to reach adequate water depth of 3 feet. 4. SURROUNDING LAND USE AND ZONING: Existing: RSF-4 Surrounding: North - Johnson Bay East - RSF-4 South - RMF -12 West - RSF-4 0 • `�� ... -a..� :r:�.era.: - rYi_ ';i .• .-:w{.11.''i�C'�i''i__^ti,?i• •,j.':�':: �, •'r r..l::�..•�f '� � .:.. 4 _ ... _ " • try' - .. _Rr -�w�: .- - .' '-. �. '' - er •i• .tits �•�.i _;Mw_.. • �•� ••�' OM1•'".int ti : �.. rt�8��� • M:Tz. "v.ii•K'• - .. f�'ti _j�� . .•fes. �. ' , - {I�Yii • �f'*:•. .. sz, Vii: r r 1t • . - '•' - �;v� + -� t. ISLES x���. •x � ' `:'� i <: � '�'• � �;, "` � - NOW IR, • - - � � ' O� CAPRI • . • ��'' • �;• ..�.' �, � . - ,Z�r '_.� =`._ C -' �{a' ;_ `' : ��". '�i$}�+.. '.�� • `L`.�. sem' .• ���Y��.Ji . ••._ 0, • Yi . �t�.•oWc!►wc :. irv•� / •�" � , • ;e� � �-:. � �� '• .t: �.t':.r�►:' ,r ;.w - '• 2r'.- - e �; � ter• - .•-. '�*:...= �'� � �' ' ��. Y •}: {„us, �nEiwu� .air__. � ::° � �' •: - � .; �-'.�;•�?G� .. - '1 � ;� /• 'r�= �. t • =010" "" :� � ' �.:IdjOr• � 4.i{� •..r:?ti - -. `.r.. _� Ate' .F�'r I�.e�..,- °� .... .y '�' ),• 1S` : rY � .. •''. Pam .2 It ARM A • � { � �� SM magnum yes � j " � �� , - • '. a'v,�"+.• Q ! 111 M ' + , � i 'ii ARCpumpm S t.K SISMAU 000007 Gulf;, C''�• • i Y t, 17ni'�i.�W/i'• q: '4''i ``. ..•, ow •i0m O :i•4••��-�.�+Sr �y. �I� � ,� •• �'.•. �y _'r •. 'Y' y,, Lc'4s'n'- lOp�p{E uHv fir' • w .�'� •^_: - e•' i••Ka.` �e'r: ��rwti:. �.'. •.. , •�S'P~�,,�• : ?J,l•' •--yyy ••s:�•. • •�1.. :-- ."w Y+Y -yyPt ief, ilirpru �n 7 T� :.- t3 .l iioiw0; '•;�•'' - :_." .'r�"..�r�-•;•:.�-g• �,.�• ��1eia� _•,�� E ''!fig' � ��'_ &. - I SCALE OF AGLES 5. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by Environmental Services and found to have no environmental concerns. 6. ANALYSIS: a. Number of boat houses or docks to be located on subject property in relation to water front property available? One boat dock extending a maximum of 70 feet into the waterway will be located on subject property. The subject property has 67 feet of water frontage. b. Water depth where boat dock is to be located and distance to navigable channel? Information submitted by the petitioner indicates the water depth will be 3.0 feet at MLW. There is a 500 ft. distance between the proposed dock and the navigable channel C. Nature and speed of water current? Water currents in this area are tidal in nature. d. Land contours of property on which dock is to be located? The property slopes gradually from the seawall downward to the center of the channel. e. Effect boat dock will have on safety of users of navigable channel? The proposed boat dock facility is located along Johnson Bay and will extend a maximum of 70 feet from the seawall. Johnson Bay is a wide expansive bay, ;therefore this boat dock should have no adverse effect on the safety of users of the bay. f. The location length, protrusion and design of dock facilities on adjacent properties? Lots ,110-117. - There is a dock on the property line between Lots 1110 and 0111 five feet wide running 71'-101' from property line into the bay. Lot 1108 - There is a dock five feet wide running 81'-9" from property line into the bay, a minimum of 19 feet will separate this dock from the proposed dock. 2 g; The impact the extension will have upon the view of the waterway by adjacent water front property owners? Since Johnson Bay is a 1,700 ft. wide body of water, there should be no impact upon the view of the waterway by adjacent water front property owners. h. The size of the vessel intended to be moored at the dock facility? At the present time the petitioner does not own a vessel. However this petition is predicated on achieving adequate water depth (3.0 feet at MLW). i. Natural waterbodies only: existing benthic organisms in the vicinity of the proposed extension? Environmental. staff has found no environmental concerns in the vicinity of the proposed dock. 7. STAFF RECOMM$NDATION: Based on the above findings, staff recommends that the CCPC approve Petition BD -90-4, subject to the following stipulation: That all docks; or mooring pilings, whichever protrudes the greater into the water, regardless of length shall have reflectors and house numbers 4 inches minimum size installed at the outer most end, on both side. PREPARED BY: qo CHAHRAM BADAMTCHIAN DATE PLANNER II REVIEWHY• KENNETH W. AGINS DATE' PLANNING SERVICE MANAGER FRANK W. BRUIT, AICP DATE COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR 3 • • Petition Number: BD -90-4 Staff Report for June 21, 1990 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: R. FREDERICK KEYES, CHAIRMAN BD -90-4 STAFF REPORT and 0 07 73 - PLEASE READ REVERSE SIDE -BEFORE CO..-PLETING THIS PETITION. • BOAT HORSE AND DOCK LENGTH EXTENSION PE?I?ION - PETITION N0.10,B 9'0 DATE: A 12 s �� -1-� ' . PETITIONER'S NAME : _ �� .t�f1 �..� l`1 r� -•e..� - . . PETITI01'ER' S ADDRESS: .p _ r TELEPHONE : ,_ .j Gk 14 a 1..1arc 1 �d cly PROPERTY Oh'NER' S NAME: _ sS,t>- u ... PROPERTY"OWNER'S ADDRESS : - _"I'�--- i.7.��1�. Ij- 33`tG 2 --TELEPHONE: 4111 .LEGAL DESCRIPTION OF SUBJECT PROPERTY: N E . - - PRESENT ZONING: F ! PRESENT USE: _,•• s, . Pt -Ir- 90-;tiz3 GROUNDS UPON WHICH PETITIONER RELIES FOR THE GRANTING OF THE'EXTENSION: -'.(Use additional •paper if necessary) . FILING FEE $250:00 1 REC. BY: . • ;SIG OF PETITIO R CCP L o I z 17 3 NOTE: THIS PETITION ?LUST BE ACCOMPANIED BY A PLOT PLAN SHOWING THE -DATA AND INFOMHATION P•EQUIRED IN 1., ON BACK SIDE OF•THIS PAGE— A LEGAL SIZE iiANILA FOLDER. ALL PLANS HUST BE FOLDED TO FIT -IN ---- TOR TOR OFFICE USE ONLY ���� ^^""^•." ''^� " .'';APProva1� Date of Public }fearing: YES NO Conditions of Approval: _ '`r'Cs4�f+�t'ie5+1 �Av 9. ou- APR.2 L 1950 13L—gown :I.— • • 9 • ' I wATE0.WAY lq NL7re, NE16HsDRS 'PAP.W.IMG, BOA'3 0&1 • iN1$ L.Q% DoT 109 S. eRl- 1g' - 00" E. PELICAN STREET 3 1 W co 0 o Z J S 0- 0 ECC V wW APR 26 M srA'IF. of F1nnuzl MRM 11R CXXALI t) 1, Dennis H. Portella, Sr. , a Registered Lard Surveyor in the State of Florida, hereby :rrIIfy to I , its suanesscir atxl assigns, 14UBES a TUCKER, ATTY., Q1ICAQD TITLZ INSURANCE COMPANY, and to. RAL+PU SIIOCM that the forecsoing plat represents a I•rue euxl currect survey of the following described premises: LOT 1091 TABS THE WESIMMY 8 PW Il ii1tii m, ISUM of CAPRI NO. 1 as retbrded in Plat Book 3 Page 41 Public Records, Collier County, Florida, 01st the survey depicted hereon was made under .ray direction and nieets Use Minimusn Teciudcal SIaidnrcis as •fir Chapter 21191 F.A.C. 9b the gest of wy knowledge there -are nd encroocim lt_. nlher than �dwn, no boundary line disputes, easemessts or claims of easements. No tltip geatch Inas been made by the surveyor. Dwriugs conform to Plat Book 3, Page 41 Flevati*xns are N.G.V.D. Imes in flan BM Street mklress_Az _75._pelican Street, Naples, EL Praperl•y IW -in flood tone AE Ion -year flncxl elevation is 7.0 �P1 PAM FOR BOUNDARY SUPFEY C:11RIS'I EMER REALTY, INC. 1'Oi;l'-Ri7WE ASSiX_1ATSS, INC. P.O. BOX L0065OObS ' NAI`1E5, FL 33941 Dermis H. Portella, Sr. • PIJSI 450419CME; V _ 20' DATI;s JANUARY 3, 1990 - r GENE APR 2 6 19%. .. D 0 c • . e J APR 2 E, 1990 ABD -9©..4 r. AF, FIDAVIT I� Sror.� � sap tha I am the owne o£ th�o�. and d. gfirst listdepose f ciereinandwhihshesubjectmattex Of the proposed hearing; that all the answers to the questions in ties application, and all sketches, data, and other supplementary matter attached to and made a part of this application. are honest and true to the best of my lmowledge and belief. I understand this application must be completed and accurate before a hearing can. be advertised. •I further permit the undersigned to act as my representative in any matters regarding this Petition. ASIGM OWNER 'iirf./ SIGNATURE OF AGENT SWORN TO MM SUBSCRIBED BEFORE ME TRIS DAY OF NOTARY PURLM, b"i9(1'k Up "'y CO% -MISSION" EXPIRES; iNovoML61N�_a1909, � r� r RESOLUTION NO. 90 - RELATING TO PETITION NUMBER BD -90-4 FOR AN EXTENSION OF A BOAT DOCK ON PROPER'L'Y HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred oS all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Comprehensive zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of a 50 foot extension to a boat docking facility in a RSF-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 8.46 of the Zoning Ordinance of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY the Collier County planning Commission of Collier county, Florida, that the petition filed by Ronald W. Morgan Construction Company, representing Ralph & Carolyn Shockey with respect to the property hereinafter described as: Lot 109, less the westerly 8 feet thereof, Isles of Capri No. 1, as recorded in Plat Book 3, Page 41, Public Records, Collier County, Florida. be and the same hereby is approved for an extension of a boat dock in the RSF-4 zoning district wherein said property is located, subject to the following conditions: t C] • • • • 1. All docks, or mooring pilings, whichever protrudes the greater into the water, regardless of length shall have reflectors and house numbers four (4) inches minimum size installed at the outermost and on both sides. BE IT FURTHER RESOLVED that this Resolution relating to Petition vumbilx -BD-904 b#: r1K0i P4*id in aommi srthoil ufsy Cs*'.<af�[Arse:. lans�ijyg C s�1 t or offered the foregoing Resolution and moved for its adoption, Seconded by Planning Commissioner and upon roll call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this ATTEST: day of , 1990. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA R. FREDERICK KEYES, CHAIR.�A.iT FRANK W. BRUIT, AICP EXECUTIVE SECRETARY COMMUNITY DEVELOPMENT ADMINISTRATOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORJE M. STUDENT ASSISTANT COUNTY ATTORNEY SWORN TO AND SUBSCRIBED BEFORE ME THIS NOTARY PUBLIC COMMISSION EXPIRES BD -90-4 RESOLUTION nb/3477 DAY OF , 1990. •. _s R.' xd N- , y `.."r - 7V ,+ �. ...:'4.r 1. All docks, or mooring pilings, whichever protrudes the greater into the water, regardless of length shall have reflectors and house numbers four (4) inches minimum size installed at the outermost and on both sides. BE IT FURTHER RESOLVED that this Resolution relating to Petition vumbilx -BD-904 b#: r1K0i P4*id in aommi srthoil ufsy Cs*'.<af�[Arse:. lans�ijyg C s�1 t or offered the foregoing Resolution and moved for its adoption, Seconded by Planning Commissioner and upon roll call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this ATTEST: day of , 1990. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA R. FREDERICK KEYES, CHAIR.�A.iT FRANK W. BRUIT, AICP EXECUTIVE SECRETARY COMMUNITY DEVELOPMENT ADMINISTRATOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORJE M. STUDENT ASSISTANT COUNTY ATTORNEY SWORN TO AND SUBSCRIBED BEFORE ME THIS NOTARY PUBLIC COMMISSION EXPIRES BD -90-4 RESOLUTION nb/3477 DAY OF , 1990. 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(^S� ,w N q 11 c m F S Z m r_RefaOn\YI1lu&II Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 12, 2017 SUBJECT: PDI-PL20170002630; BUCKLEY PUD OWNER/APPLICANT: AGENT: Pulte Home Company, LLC Lindsay F. Robin, MPA 24311 Walden Center Dr. #300 Waldrop Engineering, P.A. Bonita Springs, FL 34134 28100 Bonita Grande Dr. #305 Note: Five fee simple lots are owned by individual homeowners Bonita Springs, FL 34135 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to the Buckley PUD by reducing the minimum lot area of the single-family detached dwelling units from 5,400 square feet to 5,000 square feet and by reducing the minimum lot width from 45 feet to 40 feet. GEOGRAPHIC LOCATION: The subject property is located at the northwest quadrant of the intersection of Airport -Pulling Road (CR 31) and Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (see location map onfollowingpage) PDI-PL20170002630 Buckley PUD Page 1 of 8 August23,2017 D9 C c� "G wg V "0 VN 0 m C F 9 C 0 ftdeblt Ch RD PRORCT D LOCATION s � � u Location Map Petition Number: PL20170002630 P®3 Zoning Map PURPOSE AND DESCRIPTION OF PROJECT: In 2005, the property was rezoned from Rural Agricultural (A) to Mixed Use Planned Unit Development (MPUD) pursuant to Ordinance 2005-05 allowing for a maximum of 251 dwelling units, 74,230 square feet of retail, and 97,070 square feet of office space. In 2014, the property was rezoned from MPUD to MPUD pursuant to Ordinance 14-24 allowing for a maximum of 239 multi -family residential units, and a maximum of 162,750 square feet of retail, office and service uses. A companion Growth Management Plan (GMP) Amendment was approved with Ordinance 14-23, which modified the underlying Buckley Mixed Use District removing the office and retail caps, providing for a conversion ratio for non-residential and residential uses, and further limiting commercial uses, and vertically integrated mixed-use development within the project. In 2016, there was a PUD amendment via Ordinance 16-10 allowing for single family detached and two- family/duplex dwellings as permitted uses, development regulations, various deviation additions and modifications, and revised developer commitments. On July 18, 2017, the petitioner applied for this insubstantial change to the Buckley MPUD to modify the residential development standards for single family detached dwellings by reducing the minimum lot area from 5,400 square feet to 5,000 square feet and reducing the minimum lot width from 45 feet to 40 feet, which the petitioner claims will allow for a wider size range of single family detached dwellings. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property: North: Adult Congregate Living Facility/Adult Living Facility/Skilled Nursing facility (HarborChase of Naples), zoned Brighton Gardens Planned Unit Development (PUD). East: Right-of-way for Airport -Pulling Road; then farther east is a canal; still farther east is developed residential (Lakeside of Naples), zoned PUD and a church (St. Katherine's Greek Orthodox Church), zoned Rural Agricultural (A) with a Conditional Use (CU) for a church. South: Collier County Library Headquarters, zoned A with a CU for a governmental facility. West: Single-family residential (Emerald Lakes), zoned Emerald Lakes PUD at a density of 3.54 dwelling units per acre. PDI-PL20170002630 Buckley PUD Page 3 of 8 August 23, 2017 IANEE Ij1� r'v3 Pub . w Ee?.Y0. POO Pub mime. L ,,'Cy««tee sE Y �;ouy LIIH yr'r &, 4I1 n n o- "RAY, 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? There would be no increase to the size of areas used for non-residential uses and no relocation of non-residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. L Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. PDI-PL20170002630 Buckley PUD Page 5 of 8 August 23, 2017 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Staff from Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and Transportation Planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The project is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? (Rezone Findings are attached to this Staff Report as Attachment "A".) No, the proposed changes do not affect the original analysis and findings for the original application. DEVIATION DISCUSSION: No deviations are being requested as part of this application. PDI-PL20170002630 Buckley PUD Page 6 of 8 August 23, 2017 NEIGHBORHOOD INFORMATION MEETING (NIM): NIM was waived via email correspondence from HEX Examiner Mark Strain on August 31, 2017. (Attachment B) COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on September 19, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20170002630. Attachments: A) Support Material Provided by Staff B) Application and Support Material PDI-PL20170002630 Buckley PUD Page 7 of 8 August 23, 2017 PREPARED BY: TINTOTHY MNN, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 119 17 RA=M V. BELLOWS, ZONING MANAGER DATE ZONDi [VISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION PDI-PL20170002630 Buckley PUD Page 8 of 8 August 23, 2017 Growth Management Department Zoning Division/Comprehensive Planning Section MEMORANDUM To: Tim Finn, Principal Planner Zoning Services Section, Zoning Division From: Sue Faulkner, Principal Planner Comprehensive Planning Section, Zoning Division Date: August 18, 2017 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PDI-PL20170002630 Rev: 1 PETITION NAME: Buckley MPUD REQUEST: To amend Buckley MPUD (Mixed Use Planned Unit Development), approved via Ordinance #05-5 (subsequently repealed), as amended via Ordinance #16-10, to modify Exhibit `B' Residential Development Standards - Table 1 with two Insubstantial Changes to the Planned Unit Development (PDI): • Single-family detached to reduce the minimum lot area from 5,400 square feet to 5,000 -square feet • Single-family detached to reduce the minimum lot width from 45 feet to 40 feet LOCATION: The subject site, comprising +21.7 acres, is located on the west side of Airport -Pulling Road (CR 31) and +330 feet north of Orange Blossom Drive, immediately north of the Collier County Regional Library; in Section 2, Township 49 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is designated Urban, Urban Mixed Use District, Buckley Mixed Use Subdistrict, on the Future Land Use Map of the Collier County Growth Management Plan (GMP). In the Future Land Use Element (FLUE) of the GMP, this Subdistrict reads, "The intent of this Subdistrict, which comprises 21.7 acres, is to allow for limited retail, office and residential uses while allowing for the development of a mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this Subdistrict is intended to promote convenience and intermediate commercial development to serve existing and future residential development in the immediate area. This Subdistrict will serve to reduce existing trip lengths for convenience and intermediate commercial services. Commercial uses for the purpose of this section are limited to those permitted and conditional uses allowed in the C-1, C-2 and C-3 Zoning Districts except as noted below. The development of this Subdistrict will be governed by the following criteria." The site is zoned Buckley MPUD (Mixed Use Planned Unit Development) consistent with the Subdistrict. This petition does not seek to increase the number of DUs - currently approved at 239 DUs — nor add or make changes to commercial uses or intensities. Two insignificant changes are proposed: reduce the minimum lot area and reduce the minimum lot width. These modifications to the development standards will allow for a larger variety of single-family detached product types. 2800 North Horseshoe Dr., Naples, FL 34104 Page 1 of 2 Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis (in bold). FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of their review of the petition in its entirety.] FLUE Objective 7 and Relevant Policies: Given the nature of this petition and the minor changes proposed (no changes in permitted uses, densities, or intensities), staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. These policies were recently evaluated during staff's consistency review of the Buckley Planned Unit Development Amendment (PUDA) petition, approved April 12, 2016. CONCLUSION Based upon the above analysis, the proposed PDI may be deemed consistent with the Future Land Use Element of the Growth Management Plan. PETITION ON CITYVIEW cc: Mike Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Ray Bellows, Manager, Zoning Services Section PDI-PL2017-2630 Buckley R1.docx 2800 North Horseshoe Dr., Naples, FL 34104 Page 2 of 2 FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. PUD FINDINGS: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed option of allowing single-family and two-family/duplex dwellings would be compatible with the approved uses and existing development in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such Areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to obtain platting and/or site development approval Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the Growth Management Plan (GMP) Consistency portion of this Staff Report (or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Analysis Section of this Staff Report, staff is of the opinion the proposed project will be compatible with the surrounding area. Both Master Plans show a Type "C" Buffer would be created along the west property line. Landscape Buffers (of varying types dependent on which Master Plan is utilized) would be installed along the north, south, and east property lines as well. The MPUD would also contain common themes related to architecture, signage, lighting, and landscaping as identified in the Developer Commitments (Exhibit F) of the PUD Document. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. According to a note on the Exhibit C — Master Plan for Single-family and Two- family/Duplex, the project would provide 13.03 acres or 60% of the 21.72 -acre site as open space. This open space includes areas such as lakes, buffers, pervious area within the rights-of-way and on individual lots, and other open space. Therefore, the amount of open space set aside for this project meets the minimum requirement of the LDC. Also, the maximum lot coverage for all buildings is capped at 35% for the total project as per General Note #1 in the Developer Commitments (Exhibit F) of the PUD Document. If this amendment is approved, usable open space would be further addressed at the time of Site Development Plan (SDP) or plat (PPL) review, whichever is applicable. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or PPL), at which time a new TIS will be required to demonstrate turning movements for all site access points. The applicant has committed to pay their proportionate share of intersection improvements to the intersection of Airport - Pulling Road and Orange Blossom Drive which is currently under study by the County. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. No changes are proposed to the MPUD boundary. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or to desirable modifications of such, regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking two amend one (1) existing deviation and requesting six (6) new deviations. Staff supports the proposed amendment to Deviation #1 and most of the new deviations (i.e., #3, #5, #6, #7, and #8), with the exception of Deviation #4. Staff does not support this deviation based on the applicant's lack of compelling justification for it. Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of this and the other deviations. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GrowthManagement Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. Staff determined the proposed residential land uses in connection with this amendment are appropriate for this area of the County. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This amendment would not change the MPUD zoning of the subject property. The petitioner is requesting to add single-family and two-family residential land uses to the existing MPUD. Adding these types of dwellings would be akin to creating a PUD (or an RPUD). The abutting land to the west is zoned PUD and developed with single-family homes. The adjacent land to the east is zoned PUD and developed with residential uses. Therefore, approval of this amendment would not create a district unrelated to adjacent or nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries of the MPUD would not be altered by this proposed amendment. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff does not anticipate the new uses would adversely impact living conditions in the neighboring community. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation commitments contained in the PUD ordinance, which includes provisions to address public safety. 8. Whether the proposed change will create a drainage problem; The proposed change will not create a drainage problem as the applicant will be required to submit a SFWMD permit =and all required stormwater documentation to County staff to be evaluated during the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; It is not anticipated that this amendment would significantly reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The abutting and adjacent lands are already developed. Longview Center, which is currently vacant land located in close proximity to the subject property, was previously approved for mixed-use development (commercial and residential). Staff does not anticipate the proposed amendment at the subject site would be a deterrent to the improvement of the vacant Longview. Center to the southeast or any other adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property may still be developed within the parameters of the current PUD Document; however, there are no substantial reasons to prohibit the inclusion of the requested residential uses. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff s opinion the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan (SDP) or platting approval process (PPL), whichever is applicable, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by county staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. The concurrency review for adequate public facilities is determined at the time of an SDP or PPL, whichever Master Plan is applicable. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. COLLIER COUNTY Growth Management Department September 27, 2017 Dear Property Owner This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet (urban areas) or 1,000 feet (rural areas) of the following described property, Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., on October 12th, 2017, in the Hearing Examiners meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PDI-PL20170002630—PETITION NO. PDI-PL20170002630—PULTE HOME COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD, ORDINANCE NO. 14-24, AS AMENDED, TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT -PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL, CONSISTING OF 21.71 ACRES. You are invited to appear and be heard at the public hearing. You may also submit your comments in writing. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEX AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE HEX SHALL BE SUBMITTED TO THE COUNTY STAFF MEMBER NOTED BELOW A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HEX WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. Any person who decides to appeal a decision of the Collier County 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact the staff member noted below at (239}2524312 to set up an appointment if you wish to review the file. Sincerely, . iffwi Sinn Timothy Finn Principal Planner ❑ PROOF O.K. BY. ❑ O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY • SUBMIT CORRECTIONS ONLINE ADVERTISER: COLLIER COUNTY HEX PROOF CREATED AT: 9/22/2017 12:02 PM SALES PERSON: Ivonne Gori PROOF DUE: - PUBLICATION: ND-DAILY NEXT RUN DATE: 09/27/17 ND-1763523.INDD SIZE: 3 col X 9.25 in BUCKLEY MPUD SON ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 NIM WAIVER EMAIL • 0 Lindsay Robin From: StrainMark <MarkStrain@colliergov.net> Sent: Thursday, August 31, 2017 7:12 AM To: Alexis Crespo Cc: 'Richard Yovanovich'; 'Mike Hueniken; Jeremy H. Arnold; FinnTimothy; Lindsay Robin Subject: RE: Buckley PDI (PL2017-2630) NIM Waiver Request In response to the subject insubstantial change waiver request: pursuant to LDC section 10.03.06.H.2 as amended by Ordinance 2014-33, the requirement for a neighborhood informational meeting (NIM) is waived. The change requested is insubstantial and limited in scope with minimal, if any, impact on adjacent properties. Mark 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Alexis Crespo [mailto:Alexis.Crespo@waldropengineering.com] Sent: Wednesday, August 30, 2017 3:31 PM To: StrainMark • Cc: 'Richard Yovanovich' ; 'Mike Hueniken' ; Jeremy H. Arnold; FinnTimothy ; Lindsay Robin Subject: RE: Buckley PDI (PL2017-2630) NIM Waiver Request Good Afternoon, Attached please find correspondence sent to new owners within the Buckley MPUD notifying them of the pending PDI. These were sent out via certified mail today (receipts also attached). Please note of the five (5) recipients, only Mr. Lennox has closed on his home at present time. All other purchases are pending, and we anticipate the closing will occur before the PDI goes to the BCC in November. If you need anything further, please let me know. Thanks, Alexis V. Crespo, AICP, LEED AP Vice President of Planning 6 ' MR ENGINEERING �9�� AftHftdnM Direct: E:tPxisciEwaldropenaineerina.com I C: (239) 850-8525 Office: P: (239) 405-7777 1 F: (239) 405-7899 • www.waldrooeneineerinit.com BUCKLEY MPUD 41NINSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 SIGN POST AFFIDAVIT SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE TIIE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Lindsay Robin WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEI, COVERED IN PETITION NUMBER PL 0170002630 28100 Bonita Grande Dr. #305 4"eF ANT OR-AGEN11 STREET OR P.O. BOX Lindsay Robin NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Bonita Springs, FL 34135 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this ZSM day of 5VFW04FW12 , 20�1-1 by LAJD5ft &)6I1j , personally known to and who did/did not take an oath. KIMBERLY BAILEY ' Notary Publk - State of Ronda • Comm1sslonN00074407 My Comm. Expres May 7,1011 Horded itrough Natlond Notary Assn. My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Signature of Notary Public 1 Vl,dgk,emy5tI'eLt'y Printed Name of Notary Public identification L' • • • C • 1,04kvillil In a2 BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 PDI APPLICATION 0 • • • CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieritov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 — 2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Pulte Home Company, LLC Address: 24311 Walden Center Dr. #300 City: Bonita Sprinngs State: FL Telephone: 239-495-4833 Cell: 561-906-7967 Fax: N/A E -Mail Address: mike.hueniken@pultegroup.com Name of Agent: Lindsay Robin ZIP: 34134 Folio #: See attached Folio list Section: 2 Twp: 49 S Range: 25 E Firm: Waldrop Engineering, P.A. Address: 28100 Bonita Grande Dr. #305 City: Bonita Springs State: FL ZIP: 34135 Telephone: 239-405-7777 Cell: 561-704-7633 Fax: 239-405-7899 E -Mail Address: lindsay.robin@waldropengineering.com 02/24/2017 Page 1 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? Q Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ® 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ® 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. El6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) • name and address below: (If space is inadequate, attach on separate page) See attached List of Identifying Property Owners DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Buckley MPUD FOLIO NUMBER(S): See attached Folio list. ORDINANCE NUMBER: 16-10 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? G/]Yes ❑ No • 02/24/2017 Page 2 of 5 • 0 Co ev County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net If no, please explain: N/A 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Has a public hearing been held on this property within the last year? If yes, in whose name? Pulte Home Corporation Has any portion of the PUD been ❑ SOLD and/or ❑./ DEVELOPED? 21 Yes ❑ No Are any changes proposed for the area sold and/or developed? QYes ❑ No If yes, please describe on an attached separate sheet. Approximately 4 lots have been developed pursuant to PPL2015-0002371 02/24/2017 Page 3 of 5 Co r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 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 final 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 acceoted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED NOT Completed Application (download current form from County website) 16 Pre -Application Meeting notes Waived. See Email from Ray Bellows 1 x Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 ® ❑ Detail of request X Current Master Plan & 1 Reduced Copy ❑ Revised Master Plan & 1 Reduced Copy ❑ ❑ X Revised Text and any exhibits X PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # x Warranty Deed X Legal Description Boundary survey, if boundary of original PUD is amended x If PUD is platted, include plat book pages X 1 List identifying Owner & all parties of corporation 2 77— Affidavit of Authorization, signed & notarized 2 Completed Addressing Checklist 1 X 1 17— Copy of 8 Y2 in. x 11 in. graphic location map of site 1 Ll Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ Q ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 02/24/2017 Page 4 of 5 • • COLLIER COUNTY GOVERNMENT Coter County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coliieraov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ® School District (Residential Components): Amy Lockheart E] Bayshore/Gateway Triangle Redevelopment: Executive Director X Utilities Engineering: Eric Fey Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers Naples Airport Authority: Ted Soliday Conservancy of SWFL: Nichole Ryan Other: City of Naples: Robin Singer, Planning Director = Other: FEE REQUIREMENTS El PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 R1 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set . forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. 0 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. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive �. Naples, FL 34104 7/17/2017 Agent/Owner Si a ure Date Lindsay Robin Applicant/Owner Name (please print) 02/24/2017 Page 5 of 5 BUCKLEY MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 PRE -APPLICATION WAIVER EMAIL FROM RAY BELLOWS • • Lindsay Robin From: BellowsRay <RayBellows@colliergov.net> Sent: Wednesday, July 12, 2017 2:29 PM To: Lindsay Robin; Alexis Crespo Cc: JohnsonEric; ScottChris; SernaBritoAlma; DeBlasiisJohn Subject: FW: Pre -App Waiver Request - Buckley PDI Attachments: Ordinance 2016-10.pdf Hi Lindsay, The pre -app can be waived since Eric worked on the last amendment to this PUD and is knowledgeable of the development standards. However, I recommend that Eric call you (telephone pre -app) in order to get a better understanding of the reason the change is necessary. He can also check with Chris Scott due to his involvement with the recent permitting issues. Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Co ['der<__O" .ty 0 From: Lindsay Robin [mailto:Lindsay.Robin@waldropengineering.com] Sent: Wednesday, July 12, 2017 9:34 AM To: BellowsRay <RayBellows@colliergov.net> Cc: Alexis Crespo <Alexis.Crespo @wa Id rope nginee ri ng.com>; Jeremy H. Arnold <Jeremy.Arnold@waldropengineering.com> Subject: Pre -App Waiver Request - Buckley PDI Hi Ray, We have been asked to file a PDI to allow for the following changes to the above reference MPUD. I've attached the ordinance for your reference. Due to the straight forward and limited nature of the request, we were hoping to waive the pre -application meeting. Can you review and let us know if we need to meet in advance of submittal? • Reduce the minimum lot width for single-family detached from 45 feet to 40 feet on the Residential Development Standards Table; and • Reduce the minimum lot area for single-family detached from 5,400 square feet to 5,000 square feet on the Residential Development Standards Table. Thanks very much for your consideration. Let us know if you have any questions. Lindsay F. Robin, MPA Project Planner 0 ENGINEERING CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE Direct: E:lindsay.robinL8waldroneneineering.com Office: P: (239) 405-7777 1 F: (239) 405-7899 www.waldroL)engineerinit.com NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering, P.A., you are agreeing to the following: This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold harmless Waldrop Engineering, P.A. for any defects or errors in this file/data Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. is • v 40Mmytil I u ' T ' BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 COVER LETTER/PROJECT NARRATIVE 0 • July 18, 2017 Mr. Ray Bellows Zoning & Land Development Review Department Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Buckley (MPUD) Insubstantial Change to a Planned Unit Development (PDI) Dear Mr. Bellows: Enclosed for your review is an application for an Insubstantial Change to a PUD in regards to the Buckley MPUD (Mixed Use Planned Development), a 21.7+/- acre project located 'A mile north of the intersection of Airport Pulling Road and Orange Blossom Drive in unincorporated Collier County. The Applicant is requesting two modifications: 1) to modify the residential development standards for single-family detached dwellings to reduce minimum lot area, and 2) to modify the residential development standards for single-family detached dwellings to allow for a reduced minimum lot width. BACKGROUND/EXISTING CONDITIONS The Property was originally rezoned in 2005 from Rural Agricultural (A) to Mixed Use Planned Unit Development (MPUD) pursuant to Ordinance 2005-05 to allow for a maximum of 251 dwelling units, 74,230 square feet of retail, and 97,070 square feet of office space. In 2014, the Property was rezoned from MPUD to MPUD pursuant to Ordinance 14-24 to allow for a maximum of 239 multi -family residential units, and a maximum of 162,750 square feet of retail, office and service uses. A companion Growth Management Plan Amendment was approved per Ordinance 14-23, which modified the underlying Buckley Mixed Use District to remove the office and retail caps, provide for a conversion ratio for non-residential and residential uses, and further limit commercial uses and vertically integrated mixed-use development within the project. In 2016, the Property was rezoned from MPUD to MPUD pursuant to Ordinance 16-10 to allow for single-family detached and two-family/duplex dwellings as permitted uses and development regulations, various deviation additions and modifications and revised developer commitments. Buckley MPUD — PDI Cover Letter/Request Narrative Page 1 of 5 • 0 REQUEST The Applicant is requesting Staff's approval of an insubstantial change to the Buckley MPUD to allow for the following modifications to Exhibit B, Development Standards, Table 1 Residential Development Standards, approved per Ordinance No. 16-10: Modify Exhibit B, Development Standards Table 1 Residential Development Standards, for single-family detached to reduce the minimum lot area from 5,400 square feet to 5,000 square feet; and Modify Exhibit B, Development Standards Table 1 Residential Development Standards, for single-family detached to reduce the minimum lot width from 45' to 40'. The modified development standards will allow for a larger variety of single-family detached product types within the Buckley MPUD development, which is currently being developed with all single- family detached uses pursuant to PL2015000237. Due to the consistently changing real estate market and the uncertainty of the future market, the Applicant is requesting the proposed modifications to the development standards to allow for more than one single-family detached product type. The proposed modifications will apply only to the single-family detached dwelling types, and are not proposed for any other residential dwelling types approved per Ord. No. 16-10. The proposed modifications will allow the introduction of new product types to the development, which will provide more residential opportunities for the general public. No other changes are being requested through this application. The PUD will provide the required buffers and setbacks as outlined in the approved zoning ordinance. Furthermore, this request will not negatively impact the safety of the future residents living within the Buckley MPUD. From a compatibility standpoint, the proposed reduced lot width and lot area will remain compatible with the surrounding uses and the general area. To the north of the Buckley MPUD is an Assisted Living Facility use, to the south is a public library, and to the east is Airport Pulling Road, an arterial roadway. These land uses will not be negatively impacted by the proposed change in lot width an area. Emerald Lakes is the only residential community abutting the project, and it is located directly to the west. The proposed modifications will have not negatively impact the single-family uses in the Emerald Lakes PUD, as the proposed lots are buffered from the existing residential community through landscape buffers, a lake within the Buckley site, and Mill Pond Circle, a roadway internal to Emerald Lakes community. The Emerald Lakes PUD is also comprised of multi -family uses, which are far closer to the Emerald Lakes single-family uses than the proposed single-family residential in the Buckley MPUD. Furthermore, the general area of the project location on Airport Pulling Road is characterized by a mix of multi -family, single-family, civic, and commercial uses. The general area is not characterized by large -lot residential communities. The proposed modifications will not impact the project's compatibility to the surrounding area. These modifications, while minor, will allow Pulte to provide a wider variety of single-family detached products ranging in sizes, which ultimately reaches a larger market. The reductions allow Buckley MPUD - PDI Cover Letter/Request Narrative Page 2 of 5 the flexibility to develop more cost-effective homes that are more affordable for a variety of • consumer groups who need and desire such options. The surrounding general area is comprised of a range of residential uses including single-family detached and multi -family. In lieu of townhomes or multi -family, the reduced lot width and lot area provide cost-effective single-family options. Similar PUD's have been approved with a 40' minimum lot size for single-family detached. One example of a recent PUD approval is the County Barn Road RPUD, which was approved in June per Ordinance No. 17-31. The RPUD allows for single-family detached residential dwelling units to provide a minimum lot area of 4,000 square feet and a minimum lot width of 40'. Other examples that include 40' minimum lot sizes for single-family detached uses include the Will Run RPUD, Ordinance No. 14-35, and the Hacienda Lakes MPUD, Ordinance No. 1 1-41. JUSTIFICATION/COMPLIANCE WITH LDC §10.02.13.E: The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E as follows: a. A proposed change in the boundary of the PUD; No, the request will not impact the existing PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; 0 No, the request will not increase the approved density or intensity, or the height of proposed buildings. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No, the request will not result in a decrease of preserve, conservation, recreation, or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No, the requests do not impact the size of non-residential areas or proposed to relocate such areas within the PUD boundary. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; E Buckley MPUD - PDI Cover Letter/Request Narrative Page 3 of 5 No, the request will not result in an impact to the development in teens of traffic and public facilities. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No, the request will not generate a higher level of vehicular traffic. No change in land use activities is being requested. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for stormwater retention or increase stormwater discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request will not modify any existing uses that would impact any surrounding land uses or that would be incompatible. • i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; • No, the request does not impact the project's compliance with the Growth Management Plan. The request is limited to modifying single-family detached development standards for reduced minimum lot area and minimum lot width. The request fully meets the intent of the LLC. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or No, the request does not require a determination that the change will result in a substantial deviation. As noted above, the request will not increase density/intensity, traffic generation, non-residential land uses, or decrease environmental areas. The request does not meet any of the criterion outlined in f. S. 380.06(19J(eJ2. Buckley MPUD - PDI Cover Letter/Request Narrative Page 4 of 5 k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13 No, the request is not o substantia/ modification to the PUD, and may be processed as a PD/ pursuant to the LDC and Administrative Code. CONCLUSION: In summary, the proposed Insubstantial Change will allow modifications to the residential development standards for single-family detached uses in the Buckley MPUD to support the Applicant's development program. The proposed modifications are a direct response to the market, and will allow for a larger variety of single-family detached product types. The MPUD will remain consistent with the LDC and Growth Management Plan (GMP). The following items are enclosed for your review: 1. A check in the amount of $3,125 for the application fees; 2. One (1) copy of the completed PDI Application; 3. One (1) copy of the Pre -Application Waiver E-mail from Ray Bellows; 4. One (1) copy of the Cover Letter/Project Narrative detailing the purpose of the request; 5. One (1) copy of the Current Master Plan; 6. One (1) copy of the Revised Exhibit B, Development Standards, Table 1, Residential • Development Standards; 7. One (1) copy of the Recorded Warranty Deed; 8. One (1) copy of the List of Folio Numbers including Legal Descriptions; 9. One (1) copy of the Boundary Survey; 10. One (1) copy of the Affidavit of Authorization; 1 l .One (1) copy of the List Identifying Owner/Authority To Sign; 12.One (1) copy of the approved Addressing Checklist; 13. One (1) copy of amended Title Page with Ordinance #; and 14. One (1) copy of the Location Map (8.5"X1 1 "). Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777 or lindsay.robin(aOwaldropengineering.com. Sincerely, WALDROP ENG/NEER/NG, P.A. 91-P&Wt Lindsay F. Robin, MPA Project Planner Enclosures cc: Mike Hueniken, Pulte Home Corporation Buckley MPUD - PDI Cover Letter/Request Narrative Page 5 of 5 • almEvivirl 11111112 BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 CURRENT RPUD MASTER PLAN • 456-01 Buckley MPUD\Dr&wmq*-ExhjbitsA56-01-E05 MPUD Master Pian\Current Plans?45601E0502.dw9 I -JI I I I I I PLAN REVISIONS 10/05115 REVSEO PER COUNTY COMMENTS 12/11/15 RE\ASEO PER COUNTY COMMENTS 1227/15 REVISED PER COUNTY COMMENTS i' x Seg L 20 G, ti I Ty i PLAN REVISIONS 10/05115 REVSEO PER COUNTY COMMENTS 12/11/15 RE\ASEO PER COUNTY COMMENTS 1227/15 REVISED PER COUNTY COMMENTS i' 20 G, ti - c s BUCKLEY MPUD EXHIBIT"C"- MASTER PLAN (SINGLE FAMILY AND TWO FAMILY 1 DUPLEX RESIDENTIAL ONLY) I AN m 0 0 is 17.00 N% OTHEAOPEN SPACEIREC 1.61 T% ttITµAAEA 11tt 7ppA Fi W ® i LAND USE SUMMARY LEGEND CATEGORY ACREAGE PERCENTAGECb z TOTUACREACE LANE 16J 1N9 UNE ] ms BUFFERS 3J0 15% RIGHT-OF-WAY 311 15% LAIM AWNAL �a yy�y RESIDENTIAL LOTEERLAPENi1 RESIDENTIAL LOT OVERLAP <N W 4m N •..... • • • REWIAEDNNM LOCATION �C %. m .3 E INGAESSIEGRESS T t3 m GENERAL NOTES W REC RECREATION TRACT i d: i. THE PUN AND ACREMESMECONCEPTUAL IN MATURE AND SUBJECT TO MINOR MODIFICATIONSAT THE TIME OF SDPiPPL i 1 THE MPUD IS NOT SUBJECT TO NATIVE VEGETATION PRESERVATION STANDARDS DUE TO THE ABSENCE OF ONSRE NATt4EVEGETAIIQY E 3. CURRENT USE OF LAND IBVACANP cc Ut A. THE MAXIMUM NUMBER OF DNEWNGUNITS IS 179 UNITS ATADENSITY OF II ? W DAELLING UNITS PER ACRE. tl 4 S. AMINIMUM OF 60% OPEN SPACE OR 1303 ACRESWLL BE PROVIDED IN THE PUD i BOUNDARY m m 6. PUTTED RESIDENTIAL LOTS MAY OVERLAP THE LANE MN VIE NANCE EASEMENT 5 UPi010 FEET IN SHADED AREA i S e S a �i 0 n 3 1fI WVAi4 W4M 1 17.00 N% OTHEAOPEN SPACEIREC 1.61 T% ttITµAAEA 11tt 7ppA 171,111 Ill 107 Ila EBUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 REVISED PUD DOCUMENT • 0 7 • EXHIBIT B DEVELOPMENT STANDARDS Table 1 below sets forth the development standards for Residential land uses within the proposed Mixed - Use Planned Unit Development (MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision Plat. TABLE RESIDENTIAL DEVELOPMENT STANDARDS Buckley WUD PDI SbikeHxeugh text is deleted Last Revised: August 15, 2017 underline text is added RECREATIONSINGLE- TOWN- MULTI- TWO - HOUSE' FAMILY FACILITIES & FAMILY FAMILY/ RECREATION DWELLINGSx MAINTENANCE DETACHED DUPLEX FACILITIES STRUCTURES FOR MASTER PLAN FOR COMMERCIAL, FOR MASTER PLAN FOR SINGLE-FAMILY MIXED USE OR MULTI -FAMILY ONLY AND TWO-FAMILY/DUPLEX RESIDENTIAL ONLY MINIMUM 3,000 N/A N/A 5,400-= 3,500 N/A LOT AREA square feet square feet square feet MINIMUM 30 feet N/A N/A 43 IQ feet 35 feet N/A LOT WIDTH MINIMUM N/A FLOOR AREA 1,200 1,000 N/A 1,200 750 OF UNITS square feet square fat square feet square feet PUD SETBACK REQUIRE ENTS MINIMUM BUILDING SETBACK 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet (FROMAIRPORT- PULLING ROAD MINIMUM BUILDING SETBACK 20 feet 20 feet 20 feet 20 feet 20 feet (FROM NORTH 20 feet BOUNDARY& SOUTH BOUNDARY MINIMUM BUILDING SETBACK'- 100 feet 100 feet 100 feet 100 feet 25 feet 25 feet (FROM WEST BOUNDARY) LAKES 0 feet from 0 feet from the 0 fat from the LME 0 feet from 0 feet from 0 feet from the the LME LME the LME the LME LME MINIMUM YARD REQUIREMENTS Front:• 4,5 Principal Structure 20 feet20 feet N/A 20 feet 20 feet 20 feel Accessory Structure 20 feel 20 feet 20 feet SPS SPS SPS Buckley WUD PDI SbikeHxeugh text is deleted Last Revised: August 15, 2017 underline text is added Dumpsters and dumpster enclosures shall not encroach into the 100 foot setback from the Western MPUD boundary. Buckley MPUD PDI StrikethFaugh text is deleted Last Revised: August 15, 2017 Underline text is added • • • RECREATION TOWN- MULTI- FACILITIES & SINGLE- TWO- RECREATION HOUSE FAMILY MAINTENANCE FAMILY FAMILY/ FACILITIES DWELLINGS STRUCTURES DETACHED DUPLEX FOR COMMERCIAL, MIXED USE OR FOR SINGLE-FAMILY AND TWO-FAMILY MULTI -FAMILY ONLY /DUPLEX RESIDENTIAL ONLY Side: Principal Structure 20 feet '/z of the SBH N/A 5 feet 5 feet 5 feet Accessory 10 feet 10 feet 10 feet SPS SPS SPS Structure Rear: Principal Structure 10 feet '/z of the BH N/A 10 feet',' 10 feet3.8 10 feet Accessory 10 feet 10 feet 10 feet 5 feet3,8 5 feet',' 5 feet Structure Minimum Distance Between Structures: 10 feet `/z of the SBH N/A 10 feet 0 or 10 feet 10 feet Principal Structure 10 feet 10 feet 0 feet 10 feet 0 or 10 feet 0 feet Accessory Structure MAXIMUM HEIGHT' Zoned: Principal Structure 3 -stories 3 -stories not to not to exceed 45 feet N/A 35 feet 35 feet 35 feet exceed 45 Accessory feet 25 feet 25 feet SPS SPS SPS Structure 25 feet Actual: Principal Structure 50 feet 50 feet N/A 40 feet 40 feet 40 feet Accessory 32 feet 32 feet 32 feet SPS SPS SPS Structure Dumpsters and dumpster enclosures shall not encroach into the 100 foot setback from the Western MPUD boundary. Buckley MPUD PDI StrikethFaugh text is deleted Last Revised: August 15, 2017 Underline text is added • • • • 2. Garages and carports shall be 10 feet from principal structures if detached. There will be a minimum of a 23 foot setback from the back of a sidewalk to front load garages. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway/vehicular access to the residence shall provide a 10' setback. 3. Where a home site is adjacent to a landscape buffer easement or lake maintenance easement under the Master Concept Plan for Single -Family and Two-Family/Duplex Residential Only, and it is a separately platted tract, the principal and accessory structure setback on the platted residential lot may be reduced to 0 feet where it abuts the easement/tract. Where the LME is not a separate platted tract, in the shaded area shown on the "Master Concept Plan for Single -Family and Two-Family/Duplex Residential Only", the platted residential lot may overlap the LME up to 10 feet. The minimum principal and accessory structure setback for these lots shall be a minimum of 10 feet, as measured from the rear lot line. In no case shall principal or accessory structures be permitted in the LME. 4. If the parcel is directly accessed by a public or private road right-of-way, setback is measured from the adjacent right of way line per LDC. Sidewalks shall be located in the right-of-way. 5. If the parcel is directly accessed by a private driveway, setback is measured from the back of curb (if curbed) or edge -of -pavement (if not curbed). This would apply to multi -family development tracts that do not have platted rights-of-way. • 6. Multi -family or townhouse buildings within 150' of the west property line shall not have west facing balconies. • 7. No building shall exceed three stories in height and 45 feet (actual height) and under building parking is prohibited. 8. In order to support a canopy tree with a minimum 20 -foot crown spread as required in LDC Section 4.06.05, a portion of the required 20 -foot canopy may protrude into a lake maintenance easement, landscape buffer easement, or the adjacent lot(s), provided the homeowners association documents submitted at the time of PPL demonstrate common maintenance of all landscaping internal to the development, including trees on privately owned lots. BH= Building Height SBH= Sum of Building Heights LME— Lake Maintenance Easement SPS= Same As Principal Structure Buckley MPUD PD1 Wilk kreugh text is deleted Last Revised: August 15, 2017 1ladediae text is added loam, BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 PROOF OF SUCCESSOR • • r� u Prepared by and return to: Scott Clements Area General Counsel Pulte Hone Company, LLC 2301 Lucien Way. Suite 155 Maitland, Florida 32751 AFFIDAVIT STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Scott M. Clements, who upon being duly swum, deposes and says: 1. He is over the age of eighteen (18) years and has Personal knowledge of the facts stated herein. 2. He is Area General Counsel, Vice President, and Assistant Secretary of Pulte Home Company, LLC, a Michigan limited lability company (the 'LLCM. successes by conversion of Pulte Home Corporation, a Michgan corporation, which has never been dissolved. 3. The Individuals identified below have been duty authorized to execute documents on behalf of the LLC in accordance with the Signing Power Resolutions adopted by the LLC as of January 1, 2017, currently in effrect and attached hereto in pertinent part as Exhibit 'A' (the 'Signing Powers Resotutionj, and such documents, property executed by Me individuals Identified below, on behalf of the LLC are binding upon the LLC: Peter Keane Area President (Florida) Brian Yonslay Area Vice President — Finance (Florida) Rich McCormick Division President (Southwest Florida) • Anthony L Schutt Daniel Bryce Langan Vice President — Finance (Southwest Florida) Vice President— Finance and Treasurer Michael Woolary Vice Presitlent— Land Acquisition (Southwest Florida) Mike Husniken Oireclor—Land Development (Southwest Florida) Scott Brooks, Director — Land Development (Southwest Florida) Keith Stewart Vrce President — Construction Operations (Southwest Florida) Joshua Graeve Vice President — Saba (Southwest Florida); and Assistant Secretary (North Florida. West Florida, Southeast Florida, and Southwest Florida) Scott Clements Vice President and Assistant Secretary Michael Blake Lapesky Assistant Secretary (North Florida, Wast Florida, Southeast Florida. and Southwest Florida) Craig Russo Assistant Secretary (North Florida, West Florida, Southeast Florida, and Southwest Florida) Mark Edward HoRerberth Assistant Secretary (North Florida, West Florida, Southeast Florida, and Southwest Florida) Michael Agins General Sakes Manager (Southwest Florida) and Assistant Secretary (North Florida, Wast Florida, Southeast Florida, and Southwest Florida) Justin Woad General Sales Manager (Southwest Florida) Brian Phillipa General Sales Manager (Soulhwest Florida) George Zalucki General Sales Manager (Southwest Florida) Dave Aches Assistant Secrelary (North Florida, West Florida, Southeast Florida, and Southwest Florida) Additionally and spedfimly, Mary Nocera and Laura Ray, in their respective capacities as Closing/Homebuyer Coordinators, and Michael Agins, Justin Wood, Brian Phillips, and George Zalucki, in their respective capaciles as General Sales Managers, have been duly authorized to execute (i) contracts for the sale of residential homes or lots to consumers (not to another business), and (l) deeds of conveyance and all other documents that are relevant a Incident to the solo and dosing of residential homes or lots to consumers (not to another business), including any modgage-related documents, such as buydown agreements or other relevant documents, on behalf of the LLC, and such documents. properly executed by such intlividuals an behalf of the LLC, are binding upon the LLC. Any above-described documents properly executed prior to the data of Ihis Affidavit by Nicola Fraitss, as Sales Accounting Manager andlor Laura Ray as Administrative Manager, on behalf of the LLC. are and will remain binding upon the LLC. • 4. The Signing Powers Resolution, Paragraph C., RESOLUTIONS. I-V, VII, and VIII, identifies certain titles in the Division Specific Signing Power sections, which Cities are clarified and shall correspond as set forth below: A. Omission of the words "Gulf Coast,' "North Florida," "West Florida," "Florida; 'Southeast Florida" or "Southwest Florida" after an officer's name does not constitute improper, incomplete or incorrect execution and does not affect or limit the authority of the otherwise duty authorized officer in any way; B. Division VP/Director of Finance shall mean either a Division -level (i.e., Southwest Florida -level) Vice President — Finance or a Director of Finance; C. Division VP/Director of Land Development/Acquisition shall mean either a Division -level (i.e., a Southwest Florida -level) Vice President — Land Development or Vice President — Land Acquisition; or either a Director of Land Development or a Director of land Acquisition; D. Division VP/Director of Construction Operations shall also mean either a Division -level (i.e., Southwest Florida -level) Vice President — Construction Operations or a Director of Construction Operations; E. Division/Project Controller shall also mean either Division Controller or Project Controller; F. Division VP of Sales shall also mean Vice President — Sales. 5. The LLC is not now and has never been a debtor in a bankruptcy proceeding during the existence of the LLC. This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and pursuant to the provisions of Section 1389.045, Florida Statutes. Scott M. Clements Sworn to and subscribed before me this day of r 2017, by Scoff M. Clements, Area General Counsel, Vice President, and Assistant SeWetary of PulHome Company, LLC, a Michigan limited liability company, on behalf of the LLC, who is personally known to me. Pri t Ily V. Costantino NoftreubI14State of Florida Comfsslon o.: FFS42099 Com ' i Expires: 01/23/2020 ^X KELLY V. COSTANTINO X Com, dsslon 9 FF 942099 Exl*w January 23, 2420 ',WHORLOAOOAC 0u"'SERL*WCosurowTormAALO"tSWF PHC 041717 (IuH) doe • 0 F, LA EXHIBIT A SIGNING POWER RESOLUTIONS • • �w,anvHOOwwvnsEn�.yncon.wrormnta�im'ur�wR.Mc wn...... CERTIFIED RESOLUTIONS OF THE BOARD OF DIRECTORS OF PULTE HOME COMPANY, LLC I, Scott M. Clements, herby certify that I am a duly elected and acting Assistant Secretary of PULTE HOME COMPANY, LLC, a limited liability company authorized and existing under the laws of the State of Michigan; that attached is a true cagy of the resolutions adopted by the Board of Directors of the limited liability company to be effective January 1, 2017; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Organization or Operating Agreement of said limited liability company. IN WITNESS WHEREOF, I have here unto set my hand this 30d day of January, 2017. Scott M. Clements, Assistant Secretary STATE OF FLORIDA f COUNTY OF ORANGE On January 3, 2017, before me, Kelly V. Costantino, a Notary Public in and for said State, personally appeared Scott M. Clements, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Kelly ostantino, Notary Public Orang unty, Florida My Commission Expires: 01/23/2020 KMY V. COSTM4TINO a Coa 1 FF 442099 e0w hooray 23,20 ►.+a rer tnr u: r.... eeasm r • 0 EXHIBIT A PULTE HOME COMPANY, LLC SIGNING POWER RESOLUTIONS A. DEFINITIONS. As used in these resolutions: "sienina cower' means the power and authority to execute and deliver an agreement, Inswmem or other document. "General Signing Powet' means signing power miming to the ordinary course of business of PULTE HOME COMPANY, LLC (the "5.4,0pgly") generally, without restriction to a particular Division or project, both in the Company's own capacity and in any instances where it is the managing partner or managing member ofa Joint venture (the "Pgllg4Gthlg'9. "Division Smifie Slaving Power" means signing pow" miming only to the ordinary mune of business of a Division over which the officer, manager, or employee in question has management responsibility, both in the Company's own capacity and as managing partner or managing member of the PaMershlp. E. PURPOS& The purpose of these resolutions is to establish the signing power of certain employees ofthe Company, both in the Company's own capacity and as managing partner or managing member of the • Partnership. Copies of these resolutions may be delivered to tklc companies and other parties who require evidence of the signing power of an employee. No =play" of the Company may subdelegam his or her signing power except as expressly provided In these resolutions by use of the words: "Other title(s) or persons) designated In writing by ...". C. RESOLUTIONS. RESOLVED, that the following officers, managers, or employees of the Company shall have the General Signing Power or the Division Specific Signing Prover, as indicated in the chars below: 0 EXHIIJIT A t. M717777"TUMI 1. General Dmmlopment Applications, tentative and final subdivision plats and maps, development agreements, land development agreements, amenity contractor agreements and all other documents that are relevant or incident to the development of real property in which the Company or the Partnership has any interest, other than documents contemplated in part VI below: GenervISlgningPower DlvlslonSpecifrrSigning Power Chairman of the Board Area President Chief Executive OfcerArea VP Finance President Area VP Land Executive Vice PresidentIDcvelopmen!/ASuisition Division President Senior Vice President Division VP/Director Finance Vice President Division VWDirector of Land Nouse Construction Aareaments. Contractor agreements, construction agreements, contracts, purchase orders, pricing schedules, scopes of worts and all other documents that are relevant or incident to the construction of residential homes and amenities thereto in which the Company or the Partnership has any interest, other than documents contemplated in tha paragraph tmmediatel above this one: General Signing Power Division Specific Signing Power Chairman of the Hoard Area President Chief Executive Officer Area VP Finance Prestdant Area VO Constnrction Operations Executive Vice President Area Purchasing Director Senior Vice President Division President Vice President Division VP/Director Finance Division VP/Dh-ctor of Consttucdon 0-11cmdaris Division Purchasing Storm Water 1Vbdaeemeot II. Notices of intent, notices of termination, stone water pollution prevention plans, reports, certifications or other documentation that Is relevant or incident to storm water Page 2 of 7 0 . EXHIBIT A 0 mwugcmcnt and erosion control in the development of rent property and/or construction of barna in which dere Conestay or the Permership has my interest amera signing Pawn Sale and Closlux of Residential Hama or Lob 111. Contracts for the sale of res(dendal homes or lots to consumers (nos to another bminess). General signing Poet Division Specific signing Power Chairman of the Board Ara President TO Executive Officer Ara VP Finance President Division President Executive Via President Division VP/Dimcw Firianee Senior Vice President Division Controller Vice President Division VP ofSdes General Sales Manager Closing/Hamebuyer Caordi alor — Any orthe following employees of either Pulte Mortgage LLC: Via .j President, Branch ManagermW _ Assistant Secretary .:y Any of1he following employees or either Sun City Title Agency, Inc. or PGP Title, Inc. or PGP Title of Florida, Inc.: Vice President, Escrow Manager, Escrow Supervisor Director -Closing Services, and Tick Officer Page 3 of 7 EXHIBIT A Other tide(s) or person(s) designated In writing by either the Area President or Area VP Finance IV. Deeds of conveyance and all other documents that are relevant or incident to the sale and closing of residential homes or lots to consumen (not to another businessh including any mortttage-related documents, such as buydown agreements or other relevant documents. General Slaving Power Divislov SpedJic Signing Chairman of the Board Power Chairmart of the Board Area President Chief Executive Officer Area VP Finance President Division President Executive Vice President Division VP/Director Finance Senior Vice President Division Controller T Vice President Division VP of Sales General Sales Manager Closing/Homebuyer Coordinator Any of the following employees of either Puhe Mortgage LLC: Vice President and Branch Manager Any of the following employees of either Sun City Title Agency, Inc. or POP Title, Inc. or PGP Title of Florida, Inc.: Vice President, Escrow Manager, Escrow Supervisor, Director -Closing Services, and Title Officer Other title(s) or person(s) designated in writing by either the Area President or Area VP Finance Qosiae of The Purdme and Sale of Real Property V. Contracts, deeds and all other closing documents for the purchase or sale of real property (ok r Ihm the sale and closing of residential homes or lots to consumers). General Signing Power Division Speck Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Page 4 of 7 L� • EXHIBIT A Executive Vice President Division President Senior Vin President Division VP/Director ofFina ce and General Counselother titles) or prsan(s) Division VP of Land designated in writing by DcvelopmenUAcquisido, rasobr6onis) ofthe Board of Directors Real Property Fina char ad Land Beaking Transactions VI. Documents related to any of the following real property financings and land banking transactions: a. Traditional Einancinp. Loan agreements, security agreements, promissory noes, deeds of trust and all other documents that art relevant or incident to the financing of the purchase and/or development of real property. b. Special Taxinu District Financing. Loan agreements, security agreements, promissory notes, deeds oftmst and all other documents under which the Company or the Partnership is a party that we relevant or incident to a Special Taxing District Financing (defend below), other than documents contemplated in Guarantees end Environmental Indemnities. "Soecul Taxing District Finacin¢" moans a financing through the issuance ofbords by a • community development district, community facilities district, municipal utility district, county or municipal improvement district, tut incremental district or other similar special purpose unit of local government. c Ousmntees and Environmental Indemnities. Guarantees of payment or perfomance of the obligation of another en ity (whether in the form of a payment guaranty, Indemnity or rather dacumeno, maintenance a remargining guarantees and environmemal indemnities in connection with development financing. d. Land Banking Transections. Assignments of contracts to purchase real property, options to purchase rel property, development agreements end other documents evidencing arrangements with en intermediary, such as a land banker, to purchase or develop real property. CenorvlS/gnlrrg Power Division SPactfic Signing Power Chief Financial OiScer of The publicly traded ultimate parent Treasurer of the publicly traded ultimate at Page 5 of 7 EXHIBIT A • VU. Documents necessary to obtain licenses and department of real estate public reports or similar documents in California and otherstates (such as, without limitation, Arizona and Nevada). General Signing Power Division Spedflc Signing Chairman of the Board Power Chairman of the Board Area President Ch of Executive Officer Area VP Finance President Area VP Land Executive Vice President Division President Senior Vice President Division VP/Director of Finance Vice President Division VP/Director Sales Division VP of Construction Operations Area VP/Division VP/Director Land Acquisition/Development VIII. Restrictive covenants, conditions, restrictions, easements and other similar rights or • restrictions, commonly known as CC&Rs, affecting real property or improvements on nil property, and documents relating to CC&Rs, such as the organizational documents for the related homeowners' or property owners' association. General signing Power Division Speck Signing Power Chairman of the Board Area President Chief Executive OfficerArea VP Finance President Arca VP Land Executive Vice President Division President Senior Vice President Division VP/Director Finance Vice President lAcquisition/Devclopment Division VP/Director Land RESOLVED FURTHER, that all lawful acts specifically described in the Immediately preceding resolution, undertaken prior to the adoption of these resolutions, in the Company's own capacity or as managing partner or managing member of the Partnership, are hereby tali 4 confirmed and adopted by the Company. Page 6 of • EXHIBIT A RESOLVED FURTHER, Net any Signing Power Resolutions or Powers or Anomey end Grants of Agency previously issued or adopted by the Company are hereby terminated, revoked and superseded in their entirety by Nese resolutions. Effective as of January I, 2017. 0 Page 7 of 7 111.011]3 BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 SUNBIZ PULTE HOME COMPANY, LLC 0 Detail by Entity Name QMMV n a ailk 1 Qdm�I cxamn nxm os I mexev oag.xam rrmoe r Detail by Entity Name Foreign Limited Liability Company PULTE HOME COMPANY, LLC Milne Informed, Document Number M170D0000009 FEI/EIN Number 38-1595089 Data Filed 01/03/2017 State MI Stews ACTIVE Last Event LC AMENDMENT Event Date Filed 05/17/2017 Event Effective Data NONE Princloal Address 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Mailing Address 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Reah9wed Agent Name B Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE. FL 32301-2525 Aulbiwind Pereonlsl Detail Name A Address Idle MGRS COOK. STEVEN M 3350 PEACHTREE ROAD NORTHEAST SUITE 150 SUITE 150 ATLANTA, GA 30326 Title P DUGIAS, RICHARD J, JR Page 1 of 6 on�s�ox o, coaPoxxnexs http://search.sunbiz.org/lnquiry/CorporationSemhlSearchResultDctail?inquirytype=Entity... 8/22/2017 Detail by Entity Name 3350 PEACHTREE RD, NE SUITE 150 ATLANTA, GA 30326 Title CFO/EVP O'SHAUGHNESSY, ROBERT T 3350 PEACHTREE RD NE SUITE 150 ATLANTA, GA 30326 Title VP/T ROBINSON, BRUCE E 3350 PEACHTREE RD NE SUITE 150 ATLANTA, GA 30326 Title VP. ASST. SECRETARY CLEMENTS, SCOTT 2301 LUCIEN WAY SUITE 155 MAITLAND, FL 32751 Title MGR. VP HILL, KIMBERLY M 3350 PEACHTREE ROAD, NE SUITE 150 ATLANTA, GA 30326 Title VP, TREASURER LANGEN, D. BRYCE 3350 PEACHTREE ROAD, NE SUITE 150 ATLANTA, GA 30326 Title ASTS CONLON, KELLYMARIE M 3350 PEACHTREE ROAD, NE SUITE 150 ATLANTA, GA 30326 Title ASST. SECRETARY IRWIN, ROSS 3350 PEACHTREE ROAD, NE SUITE 150 ATLANTA, GA 30326 Page 2 of b http: //search. sunbiz.orglInquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... 8/22/2017 9 • • Detail by Entity Name • TBb ASST. SECRETARY VOILES. CHANDLER 3350 PEACHTREE ROAD NE SUITE 150 ATLANTA, GA 30326 Title ASTS DRYDEN, LEAH 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 TNe ASST. SECRETARY AGINS, MICHAEL 24311 WALDEN CENTER DRIVE SUITE 300 BONITA SPRINGS, FL 34134 Title ASST. SECRETARY GRAEVE, JOSHUA S 24311 WALDEN CENTER DRIVE • SUITE 300 BONITA SPRINGS, FL 34134 Ttle ASST. SECRETARY HOFFERSERTH, MARK EDWARD 2662 SOUTH FALKENBURG ROAD RIVERVIEW, FL 33578 Title ASST. SECRETARY RUSSO, CRAIG 4901 VINELAND ROAD SUITE 500 ORLANDO, FL 32811 Title ASTS LAPINSKY, MICHAEL BLAKE 4400 PGA BLVD STE 700 PALM BEACH GARDENS, FL 33410 Title MGRNP • HILL, KIMBERLY M Page 3 of 6 http://search.smbiz.orglInquiry/CorpomtionSearchISe=hResultDetail?inquiry"y Entity... 8/22/2017 Detail by Entity Name 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title P OSSOWSKI, JAMES L 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title VPT LANGEN, D. BRYCE 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title VP/ASSISTANT SECRETARY CLEMENTS, SCOTT 2301 LUCIEN WAY SUITE 155 MAITLAND, FL 32751 Title S PADESKY MATUREN, ELLEN 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title ASSISTANT TREASURER RIVES, GREGORY S 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title ASSISTANT SECRETARY CONLON, KELLYMARIE M 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title ASSISTANT SECRETARY IRWIN, ROSS 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Page 4 of 6 http://search.sunbiz. org/Inquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... 8/22/2017 • L_J r Detail by Entity Name Page 5 of 6 bttp://search.sunbiz.org4nquiry/CorpomtionSearch/SearchResultDetail?inquirytype=Entity... 8/22/2017 Title ASSISTANT SECRETARY VOILES, CHANDLER 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title ASSISTANT SEC AND QUALIFYING BROKER AGINS, MICHAEL 24311 WALDEN CENTER DRIVE SUITE 300 BONITA SPRINGS, FL 34134 Title ASSISTANT SEC AND QUALIFYING BROKER GRAEVE, JOSHUA G 24311 WALDEN CENTER DRIVE SUITE 300 BONITA SPRINGS, FL 34134 Title ASSISTANT SEC AND QUALIFYING BROKER HOFFERBERTH, MARK EDWARD 2662 SOUTH FALKENBURG ROAD RIVERVIEW, FL 33518 Tide ASST. SECRETARY AND QUALIFING BROKER IAPINSKY, BLAKE 4400 PGA BLVD SUITE 100 PALM BEACH GARDENS, FL 33410 Title ASSISTANT SEC AND QUALIFYING BROKER RUSSO, CRAIG 4801 VINELAND ROAD SUITE 500 ORLANDO, FL 32811 Tiee ASST. SECRETARY ACHEE, DAVID 24311 WALDEN CENTER DR. SUITE 300 BONITA SPRINGS, FL 34134 Annual Reoens . No Annual Reports Filed Document Image Page 5 of 6 bttp://search.sunbiz.org4nquiry/CorpomtionSearch/SearchResultDetail?inquirytype=Entity... 8/22/2017 Detail by Entity Name OSl1View image in PDF format 43i1W417__S_ hmar>c1muM View image in PDF format 7] 4a":�1311.7�.- 4.92>4!ndmennt� View image in PDF format Rtii (117_-L_C,�m.,,d-'-q View image in PDF format QtgMpy�- FgrM Lmjftg j View Image in PpF format Page 6 of 6 • • http://search. sunbiz. org/Inquiry/CorporationSearchIScarchResultDetai 1?inquirytype=Entity... 8/22/2017 OJAI G BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 RECORDED WARRANTY DEED • • INSTR 5405939 OR 5394 PG 3971 RECORDED 5/17/2017 8:19 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $35,868.00 REC $35.50 CONS $5,124,000.00 PREPARED BY AND AFTER RECORDING. RETURN TO: Richard G. Cherry, Esquire Cherry, Edgar & Smith, P.A. 8409 N. Military Trail, Suite 123 Palm Beach Gardens, FL 33410 PCN#: 00238120008 $5,124,000.00 SPECIAL_ T ' g DEED ,: i THIS SPECIAL WA WiD, made o� ~ 2017, between AIRPORT PULLING ORANGE BLOS O $ tr LC, a Florida limite labty company (hereinafter called ("Grantor"), whose addresF/'is 756 AiipcSri.RoaCij-N, Na es, 1~lorida 34109, and PULTE (�, a'�Michigaa edlia ility'mpa s 24?" n �'f 1300 � a i il T� :tom HOME COMPANY, LLe9 (hereinafter called the "Grantee"), whose address '1 Bonita Springs, FL 34134. That Grantor, for and' -All- onsideration of the f=Te4WIars ($10.00) and other good and valuable consideration, to\�_Jn`hand paid, the recti r'i�¢f is hereby acknowledged, by these presents do grant, bargalk tieqj��4 alien, remise, r l se�„f`convey and confirm unto the Grantee, its successors and assignsAn pdreel of land lying and being in the County of Collier, State of Florida, moicribed on Exhibit "A" attached hereto and made a part hereof (the "Property"). TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for the year 2017 and thereafter. TO HAVE AND TO HOLD the above-described Property, with the appurtenances, unto said Grantee, its successors and assigns, in fee simple forever. And Grantor does specially warrant the title to said Property subject to the matters referred to above and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. RAPulteVBuckley Nursery Phase 2\CLOSING DOCUMENTS\Special Warranty Deed vldoc r� 0 OR 5394 M 3972 • IN WITNESS WHEREOF, Grantor has caused these presents to be duly authorized in its name and by those thereunto duly authorized as of the day and year first above written. WITNESSES: Ptim Name: O PrintP __ V % — L • STATE OF NEW YORK �f} COUNTY OF ERIE ri �J AIRPORT PULLING ORANGE BLOSSOM, LLC, a Florida limited liability company Cly yJ , �., F ores McGuire, Manager i~ The foregoing instrument w owledged before of May, 2017, by F. James McGuire, Manager of AIRP ULLING ORA M. LLC, a Florida limited liability company, who Q onally kn .(t me, or has produced r. ,-1 as identification. My Commission Expires: -4(.20 (2Ot8 Notary Public L(� Printed Name of Notary 2 [Notary Seal] CATHERINE k IANCryKOWSKI Harty Pudlo, ets4 or Now Yak Registration IO1 P�®902008 OWFF*d In Ens County Msbn EsPitss MM 28.2018 OR 5394 PG 3973 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY A PARCEL OF LAND BEING ALL OF LOTS 1 THROUGH 32, A PORTION OF LOT 33 AND A PORTION OF TRACT "R", BUCKLEY PARCEL, AS RECORDED IN PLAT BOOK 61 AT PAGES 38 THROUGH 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF BUCKLEY PARCEL, AS RECORDED IN PLAT BOOK 61 AT PAGES 38 THROUGH 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID BUCKLEY PARCEL, SOUTH 00°20'21" EAST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID NORTH LINE OF BUCKLEY PARCEL, SOUTH 89°39'39" WEST, A DISTANCE OF 28.86 FEET TO THE NORTHEAST -CORNER OF LOT 12 AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY BOUN S3 2; SOUTH 00°20'21" EAST, A DISTANCE OF 126.00 FEET TO THE SOUTHEAS -If S��RND AN INTERSECTION WITH THE NORTHERLY BOUNDARY OF T ��,, BIRCHMORE Si jj ENCE ALONG SAID NORTHERLY BOUNDARY OF TRACT R, NORTV '39" EAST, A DISTANN., F I .89 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY TRA 'R";'IEI�E ALONG SAID EASTERLY BOUNDARY OF TRACT "R", SQ(UTW02° AST -A NCE ( 45.' 3 FEET TO THE SOUTHERLY SIDE OF TRACT "R', BIRCHN OR#' T SECTED BY THE DIVISION LINE BETWEEN THE SOUTHI�RLV E T S*ET AND THE NORTHERLY LINE OF TRACT "OS I", AS! SH O S PILIONG SAID LAST MENTIONED DIVISION LINE SOUTH 89°34?9..' A l F 5 T�Q�"' POINT; THENCE THROUGH TRACT "OSI" AND ALONG�Y B F L . 1;OUGH 11 OF SAID BUCKLEY PARCEL, SOUTH 02°33'26" EA I ISTANCE OF 527.31 T TOO T ; 61JTHEASTERLY CORNER OF LOT 1; THENCE ALONG THE ERLY BOUNDAR SI . 1, SOUTH 8726'34" WEST, A DISTANCE OF 126.00 FEET TO T THWEST CORNER OT 1, SAID POINT ALSO BEING AN INTERSECTION WITH THE E BOUNDARY 9 ,CT "R", WILTON DRIVE; THENCE ALONG SAID EASTERLY BOUNDAR I° R TMO IVE AND ALONG THE WESTERLY BOUNDARY OF LOTS 1 THROUGH 7, N 1� 2 A DISTANCE OF 325.40 FEET; THENCE SOUTH 87°26'34" WEST, A DISTANCE OF 45, T6 -AN INTERSECTION WITH THE WESTERLY BOUNDARY OF SAID TRACT "R", WILTON DRIVE AND TO A POINT ON THE EASTERLY BOUNDARY OF LOT 26; THENCE ALONG SAID WESTERLY BOUNDARY OF TRACT "R", WILTON DRIVE, AND THE EASTERLY BOUNDARY OF LOTS 26 THROUGH 33, SOUTH 02°33'26" EAST, A DISTANCE OF 325.40 FEET; THENCE THROUGH LOT 33, SOUTH 87°26'34" WEST, A DISTANCE OF 126.00 FEET TO AN INTERSECTION WITH THE WESTERLY BOUNDARY OF LOTS 33 THROUGH 26; THENCE ALONG SAID WESTERLY BOUNDARY OF LOTS 33 THROUGH 26, NORTH 02°33'26" WEST, A DISTANCE OF 345.46 FEET TO THE SOUTHEAST CORNER OF TRACT "OS3"; THENCE ALONG THE SOUTHERLY BOUNDARY OF TRACT "OS3", SOUTH 87°26'34" WEST, A DISTANCE OF 38.06 FEET TO THE SOUTHEAST CORNER OF LOT 22; THENCE ALONG THE SOUTHERLY BOUNDARY OF LOTS 22 AND 21, SOUTH 87°25'53" WEST, A DISTANCE OF 90.40 FEET TO THE SOUTHWEST CORNER OF SAID LOT 21; THENCE ALONG THE WESTERLY BOUNDARY OF LOT 21, NORTH 02°34'07" WEST, A DISTANCE OF 152.80 FEET TO THE NORTHWEST CORNER OF LOT 21 AND AN INTERSECTION WITH AN EASTERLY BOUNDARY OF TRACT "OSI"; THENCE THROUGH TRACT "OSI", NORTH 02°54'23" WEST, A DISTANCE OF 75.37 FEET TO THE SOUTHWEST CORNER OF LOT 20; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 20, NORTH 00°20'21" WEST, A DISTANCE OF 141.22 FEET TO THE NORTHWEST CORNER OF SAID LOT 20; THENCE ALONG THE NORTHERLY BOUNDARY OF LOTS 20 THROUGH 12, NORTH 89-3939" EAST, A DISTANCE OF 415.80 FEET TO THE NORTHEAST CORNER OF SAID LOT 12 AND THE POINT OF BEGINNING. PARCEL CONTAINS 5.52 ACRES, OR 240,636 SQUARE FEET, MORE OR LESS. of 0 '— OR 5394 P 3974 ..e THE FOREGOING PROPERTY BEING ONE AND THE SAME PROPERTY ALSO DESCRIBED AS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 2; THENCE ALONG THE EAST LINE OF SAID SECTION, SOU'T'H 02°3326' EAST, A DISTANCE OF 1,589.73 FEET; THENCE DEPARTING SAID EAST LINE, SOUTH 89°39'39" WEST, A DISTANCE OF 153.96 FEET; THENCE SOUTH 00°20'21" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING THENCE SOUTH 00°20'21" EAST, A DISTANCE OF 126.00 FEET; THENCE NORTH 89%9'39" EAST, A DISTANCE OF 14.69 FEET; THENCE SOUTH 02°3326" EAST, A DISTANCE OF 45.03 FEET; THENCE SOUTH 89°3739" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 0233'26" EAST, A DISTANCE OF 527.31 FEET; THENCE SOUTH 87°26'34" WEST, A DISTANCE OF 126.00 FEET; THENCE NORTH 02°3326" WEST, A DISTANCE OF 325.40 FEET; THENCE SOUTH 87°2654" WEST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 02°33'26" EAST, A DISTANCE OF 325.40 FEET; THENCE SOUTH 87°26'34" WEST, A DISTANCE OF 126.00 FEET; THENCE NORTH 02°33'26" WEST, A DISTANCE OF 345.46 FEET; THENCE SOUTH 87°26'34" WEST, A DISTANCE OF 38.06 FEET; THENCE SOUTH 87°25'53" WEST, A DISTANCE OF 90.40 FEET; THENCE NORTH 02°34'07" WEST, A DISTANCE OF 152.80 FEET; THENCE NORTH 02"5423" WEST, A DISTANCE OF 75.37 PEST; THENCE NORTH 00°2021" WEST, A FEET; THENCE NORTH 89°3739" EAST, A DISTANCE OF 415.80 FEET TOT �. ARCEL CONTAINS 5.52 ACRES, OR 240,636 SQUARE FEET, MORE OR L . j • 0 MALM1111fil 111 llifig BUCKLEY MPUD IFIENGINEERING NIT INSUBSTANTIAL CHANGE TO A PLANNED U DEVELOPMENT (PDI) PDI-PL20170002630 LEGAL DESCRIPTION 0 Ll • BUCKLEY MPUD FOLIO LIST FOLIO OWNER LEGAL 24993500020 PULTE HOME CORP BUCKLEY PARCEL THE PORTION OF TRACT OS -1 DESC IN OR 5275 PG 2500 24993500583 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 20 24993500567 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 19 24993500541 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 18 24993500525 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 17 24993500509 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 16 24993500486 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 15 24993500460 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 14 24993500444 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 13 24993500428 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT T2-- 24993500185 PULTE HOME COMPANY LLC BUCKLEY PARCEL TRACT R LESS THE PORTION OF TR RAS DESC IN OR 5275 PG 2500 24993500606 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 21 24993500622 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 22 24993500088 PULTE HOME COMPANY LLC BUCKLEY PARCEL TRACT OS -3 24993500648 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 23 24993500664 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 24 24993500680 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 25 24993500703 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 26 24993500729 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 27 24993500745 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 28 24993500761 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 29 24993500787 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 30 24993500800 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 31 24993500826 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 32 24993500842 PULTE HOME COMPANY LLC - BUCKLEY PARCEL LOT 33 LESS THE PORTION OF LOT 33 DESC IN OR 5275 PG 2500 24993500127 PULTE HOME CORP BUCKLEY PARCEL TRACT OS -5 24993500143 PULTE HOME CORP BUCKLEY PARCEL TRACT L- 1 24993500884 PULTE HOME CORP BUCKLEY PARCEL LOT 34 24993500907 PULTE HOME CORP BUCKLEY PARCEL LOT 35 24993500169 PULTE HOME CORP BUCKLEY PARCEL THE PORTION OF TRACT R AS U r� L DESC IN OR 5275 PG 2500 24993500923 PULTE HOME CORP BUCKLEY PARCEL LOT 36 24993500949 PULTE HOME CORP BUCKLEY PARCEL LOT 37 24993500965 PULTE HOME CORP BUCKLEY PARCEL LOT 38 24993500981 PULTE HOME CORP BUCKLEY PARCEL LOT 39 24993501003 PULTE HOME CORP BUCKLEY PARCEL LOT 40 24993501029 PULTE HOME CORP BUCKLEY PARCEL LOT 41 24993501045 PULTE HOME CORP BUCKLEY PARCEL LOT 42 24993501061 PULTE HOME CORP BUCKLEY PARCEL LOT 43 24993501087 PULTE HOME CORP BUCKLEY PARCEL LOT 44 24993501 100 PULTE HOME CORP BUCKLEY PARCEL LOT 45 24993501 126 PULTE HOME CORP BUCKLEY PARCEL LOT 46 24993501 142 PULTE HOME CORP BUCKLEY PARCEL LOT 47 24993501 168 PULTE HOME CORP BUCKLEY PARCEL LOT 48 24993501 184 PULTE HOME CORP BUCKLEY PARCEL LOT 49 24993501207 PULTE HOME CORP BUCKLEY PARCEL LOT 50 24993501223 PULTE HOME CORP BUCKLEY PARCEL LOT 51 24993501249 PULTE HOME CORP BUCKLEY PARCEL LOT 52 24993500062 PULTE HOME CORP BUCKLEY PARCEL TRACT OS -2 24993501281 PULTE HOME CORP BUCKLEY PARCEL LOT 54 24993501265 PULTE HOME CORP BUCKLEY PARCEL LOT 53 24993500101 PULTE HOME CORP BUCKLEY PARCEL TRACT OS -4 24993501304 PULTE HOME CORP BUCKLEY PARCEL LOT 55 24993501320 PULTE HOME CORP BUCKLEY PARCEL LOT 56 24993501346 PULTE HOME CORP BUCKLEY PARCEL LOT 57 24993501362 PULTE HOME CORP BUCKLEY PARCEL LOT 58 24993501388 PULTE HOME CORP BUCKLEY PARCEL LOT 59 24993501401 PULTE HOME CORP BUCKLEY PARCEL LOT 60 24993501427 PULTE HOME CORP BUCKLEY PARCEL LOT 61 24993501443 PULTE HOME CORP BUCKLEY PARCEL LOT 62 24993501469 PULTE HOME CORP BUCKLEY PARCEL LOT 63 24993501485 PULTE HOME CORP BUCKLEY PARCEL LOT 64 24993501508 PULTE HOME CORP BUCKLEY PARCEL LOT 65 24993501524 PULTE HOME CORP BUCKLEY PARCEL LOT 66 24993501540 PULTE HOME CORP BUCKLEY PARCEL LOT 67 24993501566 PULTE HOME CORP BUCKLEY PARCEL LOT 68 24993501582 PULTE HOME CORP BUCKLEY PARCEL LOT 69 24993501605 PULTE HOME CORP BUCKLEY PARCEL LOT 70 24993501621 PULTE HOME CORP BUCKLEY PARCEL LOT 71 24993501647 PULTE HOME CORP BUCKLEY PARCEL LOT 72 24993501663 PULTE HOME CORP BUCKLEY PARCEL LOT 73 24993501689 PULTE HOME CORP BUCKLEY PARCEL LOT 74 U r� L 0 0 C, J 24993501702 PULTE HOME CORP BUCKLEY PARCEL LOT 75 24993501728 PULTE HOME CORP BUCKLEY PARCEL LOT 76 24993501744 PULTE HOME CORP BUCKLEY PARCEL LOT 77 24993501760 PULTE HOME CORP BUCKLEY PARCEL LOT 78 24993501786 PULTE HOME CORP BUCKLEY PARCEL LOT 79 24993501809 PULTE HOME CORP BUCKLEY PARCEL LOT 80 24993501825 PULTE HOME CORP BUCKLEY PARCEL LOT 81 24993501841 PULTE HOME CORP BUCKLEY PARCEL LOT 82 24993500208 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 1 24993500224 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 2 24993500240 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 3 24993500266 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 4 24993500282 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 5 24993500305 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 6 24993500321 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 7 24993500347 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 8 24993500363 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 9 24993500389 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 10 24993500402 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 11 24993500046 PULTE HOME COMPANY LLC BUCKLEY PARCEL TRACT OS -1 LESS THE PORTION OF TR OS -1 DESC IN OR 5275 PG 2500 BUCKLEY MPUD • INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 AFFIDAVIT OF AUTHORIZATION 0 • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUNBERS(S) 1, 'Y"'""`^"°^ (print name), as aWm a oa n, (thle, If applicable) of nese,. cw ac (company, Ifa liicable), swear or affirm under oath, that I am the (choose one) ownerQappQ licantcontract purchaserand that: t. 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. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action. 5. Wed authorize 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. pre, or V. pies. • If the applicant is a Limited Liability Company (LLC.) or Limited Company (L.C.), then the documents should typically be signed by the Company's 'Managing Member" • lithe 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. • • it the applicant is a trust, Nen 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 penaltiesofppee,�rJdury, I declare that 1 have read the foregoing Affidavit of Authorization and that facts Itrue. mxrzon Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 2Z I %) (date) by M"IIW.L IiLrEAt vcU (name of person providing oath or aKrmabon), as DIV. LHui/, r)--.LKLrpMFX who is personally known to me orwh aa-predueed (type of identification) as identification. aTAIANSEAL Signature of Notary P a x_IB a1 nN ,- DTMQ7 gpyml6G �]HO] 12=12 M'�'NamYXOVI•un CM, OMW11S155 UValiill6 Wilivil 111 lf E� BUCKLEY MPUD NGINEERI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 ADDRESSING CHECKLIST • • E Collier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieracv.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 Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be sioned by Addressing personnel prior to ore-aoolication meeting lease allow 3 days for pmcesslnp. 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 Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist foreach Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ GO (Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (She Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIP[ (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) • ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑f OTHER Insubstantial Change to PUD (PDI) LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) See attached. 2 T49 R2 FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if mom than one) See attached. STREET ADDRESS or ADDRESSES (as applicable, lfalready assigned) Located on Airport Pulling Road north of Orange Blossom Or. • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (mpy - needed only for unplatted properties) CURRENT PROJECT NAME (d applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) . N/A SITE DEVELOPMENT PLAN NUMBER (forexisting pmjects(sites only) SDP ---or AR or PL# Rev. W?01 r Page 1 of 2 Coyer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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) N/A Please Return Approved Checklist By: F!] Email ❑ Fax ❑ Personally picked up Applicant Name: Lindsay F. Robin Phone: 239-405-7777 Email/Fax:Iindsay.robin@waldropengineering.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number See Attached Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: �`� Date: 7/13/2017 Updated by: Date: Rev. 6/9/2017 Page 2 of 2 • *JAI ENGINEERING G BUCKLEY MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 INSUBSTANTIAL CHANGE TO PUD DOCUMENT FOR CAO • 0 Buckley MPUD Amend Ordinance 16-10 AMENDMENT TO EXHIBIT B, DEVELOPMENT STANDARDS TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 16-10, BUCKLEY MPUD. The "Table 1 Residential Development Standards," labeled as Exhibit B of the PUD Document attached to Ordinance No. 16-10, the Buckley MPUD, is hereby amended. LJ 0 CJ 41A'ENGINEERING BUCKLEY MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 LOCATION MAP 171 PROJECT LOCATION MAP NO SCALE • • 1 �J alENGINEERING BUCKLEY MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 CERTIFIED LETTER J 0 INI ENGINEERING PLANNING CALL ENG04EERING LANDSCAPE ARCRTECTURE August 30, 2017 Bruno Brouet 3283 Twilight Lane, Apt. 5601 Naples, FL 34109 Re: Buckley PDI — PL -2017-2630 (Avery Square) Dear Bruno: Tampa Odando Swasola 28100 Bonito Gronde Dr, Suite 305. Bonito Sprite, Fl 34135 p. 8239) 405-7777 f, (239) 405.7899 The Avery Square development is within the Buckley PUD which sets forth the permitted uses and development standards for the development. Pulte Home Company, LLC has applied for an insubstantial change to the Buckley PUD Development Standards. Enclosed for your information, is a strike through and underline version of the Development Standards Table within the Buckley PUD identifying the proposed changes. The proposed changes permit the minimum lot width to be reduced from forty-five feet (45) to forty feet (40) and the minimum lot size to be reduced from 5,400 square feet to 5,000 square feet. The insubstantial change will be considered by the Collier County Hearing Examiner at a public hearing on October 12, 2017 in the Hearing Examiners Meeting Room in the Growth Management Building at 2800 N. Horseshoe Drive, Naples, FL 34104. The Board of County Commissioners will receive the Hearing Examiners decision and either ratify or not ratify the Hearing Examiner's position at a regularly scheduled Board of County Commissioner's meeting scheduled for November 14, 2017 in the Commission Chambers at 3299 Tamiami Trail East, Naples, FL 34112. The meeting is held on the third floor. The Collier County Planner for this Petition is Timothy Finn. If you have any questions or comments regarding the proposed changes to the Buckley PUD, you can either contact the County Planner or me. My direct number is (239) 850-8525. Mr. Finn's phone number is (239) 252- 4312. Sincerely, WALDROP ENGINEERING, P.A. XA10 Alexis V. Crespo, AICP Vice President of Planning Enclosures Page 1 of 1 • • 0 • • EXHIBIT B DEVELOPMENT STANDARDS Table I below sets forth the development standards for Residential land uses within the proposed Mixed - Use Planned Unit Development (MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision Plat. TABLE RESIDENTIAL DEVELOPMENT STANDARDS Buckley MPUD PD1 gniketkrengh text is deleted Last Revised: August 15, 2017 Underline text is added TOWN- MULTI- RECREATION SINGLE- TW0. HOUSE° FAMILY FACILITIES& FAMILY FAMILY/ RECREATION DWELLINGS° MAINTENANCE DETACHED DUPLEX FACILITIES. STRUCTURES FOR MASTER PLAN FOR COMMERCIAL, FOR MASTER PLAN FOR SINGLE-FAMILY MIXED USE OR MULTI -FAMILY ONLY AND TWO-FAMILY/DUPLEX RESIDENTIAL ONLY MINIMUM 3,000 N/A N/A 54W= 3,500 N/A LOT AREA square feet square feet square feet MINIMUM 30 feet N/A N/A 4S d_t! feet 35 feet N/A LOT WIDTH MINIMUM N/A FLOOR AREA 1,200 1,000 N/A 1,200 750 OF UNITS square feet square fee[ square feet square feet PUD SETBACK RE UIREMENTS MINIMUM BUILDING SETBACK 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet (FROMA/RPORT- PULLING ROAD MINIMUM BUILDING SETBACK 20 feet 20 feet 20 feet 20 feet 20 feet (FROM NORTH 20 feet BOUNDARY& SOUTH BOUNDARY MINIMUM BUILDING SETBACK! (FROM WEST 100 feet 100 feet 100 feet 25 feet 25 feet 100 feet BOUNDARY) LAKES 0 feet from 0 feet from the 0 feet from the LME 0 feet from 0 feet from 0 feet from the the LME LME the LME the LME LME MINIMUM YARD RE UIREMENTS Front:2,a,5 Principal Structure 20 feet 20 feet N/A 20 feet 20 feet 20 feet Accessory Structure 20 feet 20 feet 20 feet SPS SPS SPS Buckley MPUD PD1 gniketkrengh text is deleted Last Revised: August 15, 2017 Underline text is added • • Dumpsters and dumpster enclosures shall not encroach into the 100 foot setback from the Western MPUD boundary. • Buckley MPUD PDI S4ikethreeg# text is deleted Last Revised: August 15, 2017 Underline text is added RECREATION TOWN- MULTI- FACILITIES & SINGLE- TWO- RECREATION HOUSE FAMILY MAINTENANCE FAMILY FAMILY/ FACILITIES DWELLINGS STRUCTURES DETACHED DUPLEX FOR COMMERCIAL, MIXED USE OR FOR SINGLE-FAMILY AND TWO-FAMILY MULTI -FAMILY ONLY /DUPLEX RESIDENTIAL ONLY Side: Principal Structure 20 feet `/z of the SBH N/A 5 feet 5 feet 5 feet Accessory 10 feet 10 feet 10 feet SPS SPS SPS Structure Rear: Principal Structure 10 feet `/z of the BH N/A 10 feet3,8 10 feet3.8 10 feet Accessory 10 feet 10 feet 10 feet 5 feet3.8 5 feet3.8 5 feet Structure Minimum Distance Between Structures: 10 feet `/z of the SBH N/A 10 feet 0 or 10 feet 10 feet Principal Structure 10 feet 10 feet 0 feet 10 feet 0 or 10 feet 0 feet Accessory Structure MAXIMUM HEIGHT Zoned: Principal Structure 3 -stories 3 -stories not to not to exceed 45 feet N/A 35 feet 35 feet 35 feet exceed 45 Accessory feet 25 feet 25 feet SPS SPS SPS Structure 25 feet Actual: Principal Structure 50 feet 50 feet N/A 40 feet 40 feet 40 feet Accessory 32 feet 32 feet 32 feet SPS SPS SPS Structure • Dumpsters and dumpster enclosures shall not encroach into the 100 foot setback from the Western MPUD boundary. • Buckley MPUD PDI S4ikethreeg# text is deleted Last Revised: August 15, 2017 Underline text is added • 2. Garages and carports shall be 10 feet from principal structures if detached. There will be a minimum of a 23 foot setback from the back of a sidewalk to front load garages. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway/vehicular access to the residence shall provide a 10' setback. 3. Where a home site is adjacent to a landscape buffer easement or lake maintenance easement under the Master Concept Plan for Single -Family and Two-Family/Duplex Residential Only, and it is a separately platted tract, the principal and accessory structure setback on the platted residential lot maybe reduced to 0 feet where it abuts the easement/tract Wherethe LME is not a separate platted tract, in the shaded area shown on the "Master Concept Plan for Single -Family and Two-Family/Duplex Residential Only", the platted residential lot may overlap the LME up to 10 feet. The minimum principal and accessory structure setback for these lots shall be a minimum of 10 feet, as measured from the rear lot line. In no case shall principal or accessory structures be permitted in the LME. 4. If the parcel is directly accessed by a public or private road right-of-way, setback is measured from the adjacent right of way line per LDC. Sidewalks shall be located in the right-of-way. 5. If the parcel is directly accessed by a private driveway, setback is measured from the back of curb (if curbed) or edge -of -pavement (if not curbed). This would apply to multi -family development tracts that do not have platted rights-of-way. • 6. Multi -family or townhouse buildings within 150' of the west property line shall not have west facing balconies. • 7. No building shall exceed three stories in height and 45 feet (actual height) and under building parking is prohibited. 8. In order to support a canopy tree with a minimum 20 -foot crown spread as required in LDC Section 4.06.05, a portion of the required 20 -foot canopy may protrude into a lake maintenance easement, landscape buffer easement, or the adjacent lot(s), provided the homeowners association documents submitted at the time of PPL demonstrate common maintenance of all landscaping internal to the development, including trees on privately owned lots. BH= Building Height SBH= Sum of Building Heights LME= Lake Maintenance Easement SPS= Same As Principal Structure k # * # s Buckley MPUD PD1 Sviketgreugh text is deleted Last Revised: August 15, 2017 Undarliac text is added U.S. Postal Service"' CERTIFIED MAILL'RECEIPT Domestic Mail Only Fcr d rx tnEc r. rtiorl. 7,;l our r ;t5.rt, at .', U f)'� t..m . PS Form 3800, Aprii 21)16 -.SN See Reverse for Inslructioos 10 U.S. Postal Service"' CERTIFIED MAILI RECEIPT Domestic Mail Only For C.ellve-v lntcsrlrs7ifi�ra, visit our website at www .usps.Cori '. PS Form 3800, April 2015 PSN �V, §::a' Sme Reverse for Instructions U.S. Postal Service'" CERTIFIED MAIL" RECEIPT Domestic trait Only am For rl'iv, ^/ information, visit our website a', rww usps.corn . PS Form 380% April 2015 PSN -,53c-oa °?-c -:;=' See Reverse for Instructions U.S. Postal Service CERTIFIED MAIL' RECEIPT Domestic A9ail orq Fr d.f3ve,ry f;t'ctrrxAi ,r1, vit,t 11 v o t [isi.. r, a; PS Pnra7 3800, Ap, 120: ; �, _.. : Q::--,,, i� ; la4r t ,rr:. U.S. Postal Service"' CERTIFIED MAIL" RECEIPT Dorn,+stic Malt Drily For d �ihrery inf rzfus'icn, visit Our PS Form 3800, April 2015 N r s? Sc- Rev -se for Irtstructrons U.S. Postal Service'" CERTIFIED MAIL' RECEIPT Domestic Mail Only For deltvrjry inforrr,atuon, visit our website at www.uspacom . PS Form 3800, April 2015 Fl�%':3c 0 j-1 `1::1i See Reverse to, Instructions