Agenda 12/16/2008 Item # 7B
Agenda Item No. 78
December 16, 2008
Page 1 of 62
EXECUTIVE SUMMARY
V A-2006-AR-11064: VI Ltd, Limited Partnership, represented by Richard Yovanovich of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. requesting three variances from
the requirements of the Residential Tourist (RT) zoning district and the Vanderbilt Beach
Residential Tourist Overlay District (VBRTO) to allow for a proposed trellis structure. The
requested variances are as follows: 1) A variance of 25 feet 4 inches from the required
Building Separation Distance calculated as half the sum of the two buildings (50 feet 4
inches) between the trellis and the principal residential structure to allow a 25-foot
separation; 2) A variance of 20 feet from the minimum required 30-foot front yard setback
for the trellis to the north property line to allow a 10-foot setback; and 3) A variance of 2.5
feet 4 inches from the required Building Separation Distance calculated as half the sum of
the two buildings (12.5 feet 4 inches) between the trellis and the proposed public restroom
building along the northern property line (Bluebill Avenue) to allow a 10-foot separation.
The subject property, consisting of 4.96," acres, is located at 11125 Gulf Shore Drive, on the
Southwest corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48
South, Range 25 East, Collier County, Florida. (Companion to CU-2006-AR-11046)
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application for three proposed
variances as noted above to permit a trellis that does not meet setback standards of the applicable
zoning districts and overlay requirements and ensure the project is in harmony with all the
applicable codes and regulations in order to ensure that the community's interests are maintained,
CONSIDERATIONS:
The subject property was the site of the Vanderbilt Inn which is currently being redeveloped as
the Moraya Bay Beach Towers, This project consists of an II-story residential building over two
levels of parking. A Site Development Plan (SDP-2004-AR-6141) was approved on November
27, 2005, allowing 72 dwelling units in one structure, The Board of County Commissioners and
Van-Dev Inc, and Vanderbilt Beach Association, Ltd. entered into a settlement agreement which
included a provision to limit the maximum building height to 90 feet (zoned height) and
increased the side yard setback to 52 feet.
-
As originally proposed, the petitioners had agreed to construct a separate building from the
Moraya Bay Beach Tower structure that would house both a private club and restroom facilities
for the Collier County Parks and Recreation Department serving the public using the beach
access at this location, The restrooms were to be open to the public, while the club as noted was
to be private, The private club is the subject of a companion petition seeking Conditional Use
(CU) approval (for a private club) in petition number CU-2006-AR-lI046. In response to
concerns raised at the first of two Neighborhood Information Meetings (NIM) held to meet the
requirements of the conditional use process, the petitioners revised the scope of the project to
incorporate the private club within the confines of the Moraya Bay Beach Tower structure rather
than housing the club in its own separate structure. Consequently, the County Parks staff was
VA-2006-AR,11064. MORAYA BAY BEACH CLUB
Executive Summary for November 18, 2008
Page 1 of 4
Agenda Item No. 76
December 16, 2008
Page 2 of 62
required to relocate the restroom facilities in a separate structure as it cannot be incOlporated into
the privately owned Moraya Bay Beach Tower, As such Parks and Recreation has withdrawn as
a co-applicant.
The petitioners have decided to place the County restroom facilities within the Bluebill Avenue
right-of-way (county owned) with a slight encroachment onto the Moraya Bay Beach property,
The restroom facility is the subject of another Conditional Use petition (CU-2008-AR-13201)
which was presented to the BZA on October 28, 2008, While not part of this variance
application, the proposed restroom facility, as shown on the attached site plans, will encroach
approximately 4,8"= feet into the Moraya Bay Beach property along the north/south shared
boundary and approximately 4.5 feet along the east/west boundary, This encroachment is being
addressed as part of the conditional use process for the restroom facilities which requires this
facility to be located at the farthest point from the right-of-way of Gulf Shore Drive and abutting
the Moraya Bay Beach property line to allow for maximum vehicle maneuverability,
The petitioner wishes to place a decorative trellis to separate the Moraya Bay Beach Tower from
the Parks and Recreation restroom facility as well as to better define the beach access, Since the
trellis is deemed to be a structure, it is required to meet the required setbacks and building
separation distances. The location of the trellis and its relationship to other structures and
property lines has resulted in the need for the three proposed variances as follows: The first
variance requests a reduced building separation distance between the residential tower building
and the trellis from the required 50 feet 4 inches, to allow a 25-foot reduction, The second
variance seeks a reduced front yard setback from the required 30 feet, to allow a 10- foot setback
along the north property line, The third variance seeks a reduced building separation distance
between the trellis and the proposed public restroom building from the required 12,10 feet, to
allow a 10-foot separation distance, The petitioners "Details of Setbacks Requiring Variance"
exhibit shows the three variances,
FISCAL IMPACT:
Approval of this Variance petition would have no fiscal impact on Collier County,
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is located within the Urban
designated area (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the
countywide Future Land Use Map (FLUM), and is within the Coastal High Hazard Area. This
designation allows: residential development at a density of three dwelling units per acre, unless
density bonuses are awarded. Further, this property is identified on the Consistent by Policy
Maps, part of the FLUM series, as "improved property," As such, via Future Land Use Element
(FLUE) Policy 5.9, this site is allowed to develop or redevelop in accordance with the existing
RT zoning, Conditional uses, such as private clubs intended solely for the use of the owners and
their guests as is proposed in this petition's companion request, are allowed. The GMP does not
address individual Variance requests but focuses on the larger issue of the actual use, therefore
the variances requested are not specifically addressed in the GMP. Approval of this Variance
would not affect or change the requirements ofthe GMP.
VA-2006-AR-l1064, MORA YA BA Y BEACH CLUB
Executive Summary for November 18, 2008
Page 2 of 4
Agenda Item No. 78
December 16, 2008
Page 3 of 62
AFFORDABLE HOUSING IMPACT:
Approval of this Variance would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this Variance.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition as they do not normally hear Variance petitions.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition V A-2006-AR-ll064 on September 18, 2008, and by a vote of 6 to 1
recommended to forward this petition to the Board of Zoning Appeals (BZA) with a
recommendation of approval subject to the following condition:
The variances granted are limited to what is depicted and limited and more particularly
described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya
Bay Beach Tower Conceptual Site Plan" last revised June 18,2008 and "Moraya Bay
Beach Tower Detail of Setbacks for Variance Request," last revised June 23, 2008.
Commissioner Kolflat voted against approval stating in his opinion, based upon the testimony
and evidence provided, this petition was not in compliance with items A, C and D of LDC
Section 9.04.03 Criteria for Variances. Because the CCPC approval recommendation was not
unanimous this petition cannot be placed on the Summary Agenda,
LEGAL CONSIDERATIONS:
Petitioner is requesting three variances as described herein. The granting of such variances is
permitted under LDC 99,04,02,
The attached staff report and recommendations of the Planning Commission are advisory only
and are not binding on you. Decisions regarding variances are quasi-judicial, and all testimony
given must be under oath, The Petitioner has the burden to prove that the proposed variance is
consistent with all the criteria set forth below, and you may question Petitioner, or staff, to
satisfY yourself that the necessary criteria have been satisfied, Should you consider denying the
variance, to assure that your decision is not later found to be arbitrary, discriminatory or
unreasonable, the denial must be based upon competent, substantial evidence that the proposal
does not meet one or more of the listed criteria below. Approval of this request requires three
affirmative votes of the Board.
In granting any variance, the Board of Zoning Appeals may prescribe the following:
I, Appropriate conditions and safeguards in conformity with the zoning code or other
applicable county ordinances, Violation of such conditions and safeguards, when made a part of
the terms under which the variance is granted, shall be deemed a violation of the zoning code,
2, A reasonable time limit within which the action for which the variance required shall
be begun or completed or both,
VA-2006-AR,II064, MORAYA BAY BEACH CLUB
Executive Summary for November 18, 2008
Page 3 of 4
Agenda Item No, 78
December 16, 2008
Page 4 of 62
Criteria for Variances
1, There are special conditions and circumstances existing which are peculiar to the
location, size, and characteristics of the land, structure, or building involved,
2, There are special conditions and circumstances which do not result from the action of
the applicant, such as pre-existing conditions relative to the property which is the subject of the
variance request.
3. A literal interpretation of the provisions of the LDC work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
4. The variance, if granted, will be the minimum variance that will make possible the
reasonable use of the land, building, or structure and which promote standards of health, safety,
or welfare,
5, Granting the variance requested will not confer on the petitioner any special privilege
that is denied by these zoning regulations to other lands, buildings, or structures in the same
zoning district.
6, Granting the variance will be in h81mony with the intent and purpose of the LDC, and
not be injurious to the neighborhood, or othelWise detrimental to the public welfare.
7, There are natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc.
8, Granting the variance will be consistent with the GMP.
This item is quasi-judicial and as such requires ex parte disclosures, A majority vote is necessary
for Board action, The proposed Resolution was prepared by the County Attorney's Office and is
legally sufficient for Board action. - HF AC
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals (BZA) approve the three proposed
variances as described above subject to staffs and the cepc condition of approval as follows:
The variances granted are limited to what is depicted and limited and more particularly
described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya
Bay Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay
Beach Tower Detail of Setbacks for Variance Request," last revised June 23, 2008,
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
VA,2006-AR-II064, MORA YA BAY BEACH CLCB
Executive Summary for November 18, 2008
Page 4 of 4
Item Number:
Item Summary:
Meeting Date:
Page] of2
Agenda Item No. 78
December 16, 2008
Page 5 of 62
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7B
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members: VA~2006-AR~11064: VI Ltd, Limited Partnership, represented by
Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A.
requesting three variances from the requirements of the Residential Tourist (RT) zoning
district and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO) to allow for a
proposed trellis structure. The requested variances are as follows: 1) A variance of 25 feet 4
inches from the required Building Separation Distance calculated as half the sum of the two
buildings (50 feet 4 inches) between the trellis and the principal residential structure to allow
a 25-foot separation; 2) A variance of 20 feet from the minimum required 30-foot front yard
setback for the trellis to the north property line to allow a 1 O-foot setback: and 3) A variance
of 2.5 feet 4 inches from the required Building Separation Distance calculated as half the
sum of the two buildings (12.5 feet 4 inches) between the trellis and the proposed public
restroom building along the northern property line (Bluebill Avenue) to allow a 10-foot
separation. The subject property, consisting of 4_96 acres, is located at 11125 Gulf Shore
Drive, on the Southwest corner of Gulf Shore Drive and Bluebill Avenue, in Section 29,
Township 48 South, Range 25 East, Collier County, Florida. (Companion to CU-2006-AR-
11046) CTS
1211612008 900:00 AM
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
9122120089:33:15 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
11112120084:05 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
11113/20088:34 AM
Approved By
Norm E. Feder, Alep
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
11113120082:39 PM
Approved By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
11113/20084:00 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
11/13120084:21 PM
Approved By
file:! IC:IAgenda T estlExportl] ] 8-Decernber''1020] 6, %202008107. %20BOARD%200F%20..,
] 2/1 0/2008
Page 2 of2
Agenda Item No. 78
December 16, 2008
Page 6 of 62
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
11130120084:49 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
County Attorney Office
Date
County Attorney
12111200811:50AM
Approved By
OMS Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
1212120083:24 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office.of Management & Budget
Date
1212/20085:18 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1215120088:24 PM
file:! /C:\Agenda T est\Export\ 118-Decem ber%20 16,%202008\07, %20BOARD%200F%20..,
12/1 0/2008
AGE~,"l!!!w9t(;l. 7B
'LJecember 16, 2008
Page 7 of 62
Co1N:r County
~1~
- -. --
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENViRONMENTAL SERVICES DIVISION
HEARING: SEPTEMBER 18, 2008
SUBJECT: PETITION V A-2006-AR-Il 064, MORAY ABA Y BEACH CLUB
(COMPANION TO CU-2006-AR-l1046 and CU-2008-AR-13201)
PROPERTY OWNER/AGENT:
Owner(s): VI Ltd. Limited Partnership
800 Laurel Oak Dr" # 301
Naples, FL 34108
Collier County Parks & Recreation Department
3300 Santa Barbara Boulevard
Naples, FL 34116
Agent: Mr. Richard D. Yovanovich
Good!ette, Coleman, Johnson Yovanovich & Koester, P.A,
4001 Tamiami Trail N. Suite 300
Naples, FL 34103
REOUESTED ACTION:
To have the Collier County Planning Commission (CCPe) consider an application for three
proposed variances from the requirements of the Residential Tourist (RT) zoning district and the
Vanderbilt Beach Residential Tourist Overlay District (VBRTO) as follows: I) A variance of25
feet 4 inches from the required Building Separation Distance calculated as half the sum of the
two buildings (50 feet 4 inches) between the trellis and the principal residential structure to allow
a 25 foot separation; 2) A variance of 20 feet from the minimum required 30 foot front yard
setback for the trellis to the north property line to allow a 10 foot setback; and 3) A variance of
2.5 feet 4 inches from the required Building Separation Distance calculated as half the sum of the
two buildings (12,5 feet 4 inches) between the trellis and the proposed public restroom building
along the northern property line (Bluebill Avenue) to allow a 10 foot separation.
GEOGRAPHIC LOCATION:
The subject property, consisting of 4,96'" acres, is located at 11125 Gulf Shore Drive, on the
Southwest corner of Gulf Shore Drive and Bluebill A venue, in Section 29, Township 48 South,
Range 25 East, Collier County, Florida, (See location map on the following page)
Moraya Bay, VA-2006-AR-11 064
September 18, 2008 CCPC
Page 1 ofa
Agenda Item No. 7B
December 16, 2008
Page 8 of 62
PURPOSE/DESCRIPTION OF REOUEST:
The subject property was the site of the Vanderbilt Inn, The site is being redeveloped as the
Moraya Bay Beach Towers, an ll-story building over two levels of parking. The Site
Development Plan (SDP) was approved on November 27, 2005 in SDP-2004-AR-6141,
allowing 72 dwelling units in one structure. The Board of County Commissioner and Van-Dev
Inc, and Vanderbilt Beach Association, Ltd. entered into a settlement agreement which included
a provision to limit the maximum building height to 90 feet (zoned height) and increase the side
yard setbacks to 52 feet.
As originally proposed, the petitioners had agreed to construct a separate building from the
Moraya Bay Beach Tower structure that would house both a private club and restroom facilities
for the Collier County Parks and Recreation Department. The restrooms were to be open to the
public, while the club as noted was to be private,
The private club is the subject of a companion petition seeking Conditional Use (CD) approval
(for a private club) in petition number CU-2006-AR-1 ] 046, In response to concerns raised at the
first of two Neighborhood Information Meetings (NIM) held to meet the requirements of the
conditional use process, the petitioners revised the scope of the project to incorporate the private
club within the confines of the Moraya Bay Beach Tower structure rather than housing the club
in its own separate structure. Consequently, the County Parks staff "illS required to relocate the
restroom facilities in a separate structure as it cannot be incorporated into the privately owned
Moraya Bay Beach Tower.
The petitioners have decided to place the County restroom facilities within the county right-of-
way of Bluebill A venue for the most part with a slight encroachment onto the Moraya Bay Beach
property, The restroom facility is the subject of the other companion petition, CU-2008-AR-
13201. The restroom structure, as shown on the attached site plans, will encroach approximately
4.H feet into the Moraya Bay Beach property along the north/south shared boundary and
approximately 4.5 feet along the east/west boundary. The structure has been proposed to be
located at the farthest point from the right-of-way of Gulf Shore Drive, and abutting the Moraya
Bay Beach property line to allow for maximum vehicle maneuverability.
The petitioner wishes to place a decorative trellis to separate the Moraya Bay Beach Tower
residents from the Parks and Recreation restroom facility (as shown on the drawings on the next
page). The trellis is viewed as a structure and as such it is required to meet building setbacks and
separation distances, The trellis and its relationship to other structures and property lines
therefore create the need for the variances.
The petitioner is seeking approval of three variances, The first variance requests a reduced
building separation distance between the residential tower building and the trellis from the
required 50 feet 4 inches, to allow a 25 foot reduction. The second variance seeks a reduced
front yard setback from the required 30 feet, to allow a 10-foot setback along the north property
line, The third variance seeks a reduced building separation distance between the trellis and the
proposed public restroom building from the required 12.5 feet 4 inches, to allow a 10 foot
separation distance. The petitioners "Details of Setbacks Requiring Variance" exhibit shows the
three variances,
Moraya Bay. VA-2006-AR-11064
September 18, 2008 cCPC
Page2of8
Agenda Item No, 7B
December 16, 2008
Page 9 of 62
V~wLOOK.WllI EAfIT
/>OO...".._""""'-'....OHJ..r/
BLUEBILL AVENUE BEACH
M1CH^lL ItEOD
"~~~J;m:.\P^;:
_~...~ """,.~~:r~
0C'r'INn~._
--....---..----.
.- --,..- ..-.......--
VI.IWL.Ootl:''''liI war
_""'_"'C:Ol.>l'l'DI<L'I'l
DC'TD.....&tlDt#
BL.UEBIL.L AVENUE BEACH
M.ICHM1. REDD
~~ri~~~1~J~;;~0~
Moraya Bay, VA-2006-AR-11064
September 18, 2008 cepe
Page 3 of 6
Agenda Item No. 78
December 16, 2008
Page 10 of 62
Excerpt from and Enlargement of "View Looking West"
SURROUNDING LAND USE & WNING:
North:
East:
Delnor-Wiggins Pass State Park, zoned CON-ST
Gulf Shore Drive, then Vanderbilt Landings, developed high nse residential
structures, with a zoning designation of RMF-16
Vanderbilt Gulfside Condominiums, developed high rise residential structures, with
a zoning designation of RMF-l 6
Gulf of Mexico
South:
West:
AERIAL MAP
SUBJECT
PROPERTY
Moraya Bay, VA-2006-AR-11064
September 18, 2008 cCPC
Page 4 of 8
Agenda Item No. 7B
December 16, 2008
Page 11 of 62
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located within the Urban designated area (Urban - Mixed Use District,
Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM),
and is within the Coastal High Hazard Area. This designation allows: residential development at
a density of three dwelling units per acre, unless density bonuses are awarded, Further, this
property is identified on the Consistent by Policy Maps, part of the FLUM series, as "improved
property." As such, via Future Land Use Element (FLUE) Policy 5,9, this site is allowed to
develop or redevelop in accordance with the existing RT zoning. Conditional uses, such as
private clubs intended solely for the use of the owners and their guests as is proposed in this
petition's companion request, are allowed. The GMP does not address individual Variance
requests but focuses on the larger issue of the actual use, therefore the variances requested are
not specifically addressed in the GMP,
ANALYSIS:
Section 9,04,01 of the Land Development Code (LDC) gives the Board of Zoning Appeals
(BZA) the authority to grant Variances, The Collier County Planning Commission (CCPC) is
advisory to the BZA and utilizes the provisions of Section 9.04,03 A. through H" in bold font
below, as general guidelines to assist in making a recommendation of approval or denial. Staff
has analyzed this petition relative to these provisions, and offers the following responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
, location, size aud characteristics of the land, structure or building involved?
Yes, As previously noted, the subject site's ovmer is a party to a settlement agreement. A
provision of that settlement agreement required the property owner to grant a 20-foot wide
public beach access along the property's northern boundary, To augment that beach
access, county Parks and Recreation Department staff has determined that this area is also
an appropriate location for public restroom facilities to serve the patrons who may use that
beach access, The restroom facility is to be constructed within the Bluebill Avenue right-
of-way at the extreme western boundary of that right-of-way, along the shared property
boundary of the right-of-way and the Moraya Bay Beach property (see site plan),
The petitioner wishes to shield the Moraya Bay Beach users from the restroom facility by
installing a trellis between the tower and the restroom facilities, As noted previously, the
trellis does not meet separation distance requirements from the tower or from the proposed
restroom facilities, and it does not meet minimum setback distances from the property line
thus variances are being requested.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which is the
subject of the Variance request?
No.
Moraya Bay, VA-2006-AR-11064
September 18. 2008 cCPC
Page 5 of 8
Agenda Item No. 7B
December 16, 2008
Page 12 of 62
c. Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
Yes, Since the Moraya Bay developer has decided to put the private club within the
residential tower building instead of a placing it in a separate structure, the county no
longer has the opportunity to co-locate the restroom with the private club structure. This
creates a "practical difficulty" for the County, The county did not obtain additional lands
upon which to construct the restroom facilities believing that the facilities would be
accommodated within the planned private club, Therefore the county is left with a 20 foot
access easement but no land within which to place the restrooms, Therefore the restrooms
are being constructed in the right-of-way. Ultimately the public, who would beneflt from
the construction of the restrooms, would have to endure the "practical difficulty" if the
restroom could not be constructed as proposed.
d. Will the Variance, if granted, be thc minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
No, the variance is not the minimum variance for "reasonable use of the land, . ," because
the subject of the variance is a trellis, which is not a required structure, The trellis is an
aesthetic feature that the petitioner wishes to construct, but the trellis is not a crucial
element to allow "reasonable use of the land, building or structure," It is an anleni1y that is
proposed to enhance the project. Without the trellis, variances would not be required.
Yes, the variance "will promote standards of health safety and welfare." Providing public
restroom facilities for public park users should lessen the occurrences of persons using
private property that is not designed for said purposes, It is important to realize that the
variances are needed because the restroom facilities have been sited at the terminus of the
public right-of-way to allow the maximum area for vehicle maneuverability as depicted on
the "Bluebill Beach View Looking West" exhibit (page 4 of the staff report), Because the
public will benet1t from the restrooms that are to be constructed, approval of these
variances will "promote standards of health, safety and welfare,"
e. Will granting the Variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning
district?
Yes. A Variance by det1nition confers some dimensional relief from the zoning regulations
specit1c to a site,
f. Will granting the Variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
Yes, The proposed Variances will not directly affect any other property owners because the
area within which the variances would be effective are either internal, as in the case of the
building separation distance variances or, adjacent to a county right-of-way or easement, as
Moraya Bay, VA-2006-AR-11064
September 18, 2008 ccpc
Page 6 of 8
Agenda Item No. 7B
December 16, 2008
Page 13 of 62
is the case with the setback reduction variance. The property to the north is part of the
Delnor-Wiggins State Park entrance, and provides several parking spaces (see aerial
photo), The settlement agreement calls for a redesign of the entrance feature into a cui-de-
sac; the existing parking spaces will be sacrificed in that design. The existing parking
spaces do not meet current code requirements anyway because the parking spaces are not
part of a parking lot and allow vehicles to back out directly into the entranceway, That
design is prohibited by the LDC,
g. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
Yes, the subject site is located along the Gulf of Mexico and the right-of-way of Bluebill
Avenue. The restroom facilities will be an amenity to beach users.
h. Will granting the Variance be consistent with the Growth Management Plan (GMP)?
Approval of this Variance petition will not affect or change the requirements of the Growth
Management Plan. Unless part of a specific GMP Subdistrict with explicit design
guidelines, the GMP generally only addresses uses in determining GMP consistency, not
site design features.
ENvmONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not normally hear Variance petitions, Since the subject variance does not impact
any preserve area, the EAC did not hear this petition.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition V A-
2006-AR-ll064 to the Board of Zoning Appeals (BZA) with a recommendation of approval
subject to the following condition:
The variances granted are limited to what is depicted and limited and more particularly
described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya
Bay Beach Tower Conceptual Site Plan" last revised June 18,2008 and "Moraya Bay
Beach Tower Detail of Set hacks for Variance Request," last revised June 23, 2008.
Moraya Bay, VA-2006-AR-11064
September 18, 2008 cCPC
Page 7 of 8
Agenda Item No. 78
December 16, 2008
Page 14 of 62
PREPARED BY:
(~~
KA:Y SELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
g-(-t)c;
DATE
REVIEWED BY:
'8-7-08
DATE
ND V, BELLOWS, ZONING MANAGER
DEP TMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
~Lf17, ~ .9/JI/()?'
S(fSAN MORRA Y-ISTENES, AICP, DIRECTOR 'DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
It::- 7. w:l-L:.-
!\fAltfOIUE M, STUDelff-S'ffRLINe- $ku'''T.w:II:'''''1
MANAGING ASSISTANT COUNTY ATTORNEY
~ '/'5-08
DATE
APPROVED BY:
'~h~. rllf'\. J,3.. 0$-1'3-06
J(j EPR K, SC ITT, M~TRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Mwk p~
MARK: P. STRAIN, CHAIRMAN
4-r?--c'K
DATE
Staff report for 1he September 4, 2008 Collier County Planning Commission Meeting
Tentatively scheduled for the September 23, 2008 Board of County Commissioners Meeting,
. Attachment: Conceptual Site Plan
Moraya Bay, VA-2006-AR-11064
September 18, 2008ccpc
Page 8 018
~
@ <
e ~
<
" ~ w
Cl~ 2 "
mOON ~ ~
r--O<O ::::Jil .
~-~o c..~ "
-'" i
"'~ 0....
c~ Q)
Q)~", <(
~~ro z
'" ED- o .... ~
'OQ) w'
Cu o-!;;o a:
Q)Q) ;;;0 ~ OJ
~o 0 1
J
0, C)
'I
! Z
-
!;~~ z
0
0 N
u~:u 10
!I
'e
I >,
"
F ....'
~ a:
~
t; 0
- 0
x
~ w
~
~
0
"
5
=lli'~ I ~
i I
>- .
~ ! l
z "
=> , ~ 'I
0 ,
u i~ ,.
"ie'
, , .
"
il
o~o~ "Nmnd.l~OdWI~
Ie< .~.,,)
, "I'.
,. I'l!
~~ .,ii ~ i~~l i
i~~~g;u Ol~~;r;~~~
;:,J "'..u ~i'i '"
h;r; ,,'f
\Lill
~~:
l.!~" <.
l ii
1
O~
O_lll,I'lOOO:'lJlQ'<00,
('"..~.O! "....Anno. ~~....~
~~
TA",..",-rR""
(u.S.-II
1! ,Ii
~
,
i
'.-
~.;\! ..
l!
iiii'!
lI'
!
I
~~
"
.i
.,
H..
!l'
GULF
OF
MEXICO
..I
'"
o
a:
<<
'"
o
o
N
<<
>
"
z
o
~
0-
W
C.
0....
<(
~
z
o
I-
<(
U
o
.....J
Agenda Item No. 78
December 16, 2008
Page 16 of 62
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(I
,,' 0,.',. "
... .
..........................................
..97.
~,i~'r:;~1' ", ..:;,'
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)403-2400 FAX (239)643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
VA-2006-AR-11064 REV: 4
MORAYA BAY BEACH CLUB
PROJECT 2006030063
DATE: 6/18/08 DUE: 7/2/08
Above 10 be completed by staff
I~-
'" . ,_. . . . ,,-,.. .. , .' , = ~ ..
NAME OF APPLlCANT(S) VI LTD. LIMITED PARTNERSHIP
ADDRESS 800 LAUREL OAK DRIVE #300 CITY NAPLES
TELEPHONE #239-566-2800 CELL #
E-MAIL ADDRESS,
STATE....E.!... ZIP 34108
FAX # 239-566-3840
NAME OF CO-APPLICANT COLLIER COUNTY PARKS AND RECREATION
ADDRESS 3300 SANTA BARBARA BLVD. CITY NAPLES STATE FL ZIP 34116
TELEPHONE #239-353-0404
~(g~n~~ n
MAY 1 4 2008 U
NAME OF AGENT RICHARD YOVANOVICH GOODL IE COLEMAN & JOHNS
ADDRESS 4001 TAMIAMI TRAIL N #300 CITY NAPLE5 STATE .E!...-.-ZIP 341
TELEPHONE # 239435-3535 CELL # FAX # 239435-12
E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
~".,.~. - . ",.yg"'-~-=--=--'-'--"~.'~" ",~""..~" ""'~' .",~.,.
. '. W' - . ., '. ,,,~I.."A'CSQG''''''''l)1lI . '1' ", ,... J "''l!' .0:; . ~. "'.~~ '1i'.".",..~
',',:..._ .^",,~. ~Jt. ,,_., ..if- ~~"'''- '~~'~~~_r."" ,~'!l..~".~~,,'M:-->i')'i,.,_...'..'..~>. .;l(;"",..:i:1>'~l,n.._.'.".d'S',;,'~"", ',.:-'-,"+"',.
Agenda Item No. 78
December 16, 2008
Page 17 of 62
Complete the following for all Associatlon(s} affiliated with this petition. Provide additional
sheets If necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION,
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION,
MAIliNG ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION,
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
'MAILlNG ADDRESS
CITY
STATE
ZIP
~~
Legal Description of Subject Property:
Section/Township/Range -'l!L/~
Subdivision: Baker Carroll Point. Unit 2
25E Property 1.0.#: 22870200005
Lot: 6 & N. 100' of 5 Block: A
Metes & Bounds Description: See allached Leanl description and survev
Acreage 4.96
Address of Subject Property (If different from Petitioner's address):
11125 Gulf Shore Drive, SW comer of Gulf Shore Drive and Bluebill Ave,
Agenda Item No. 78
December 16, 2008
Page 18 of 62
[~~~
Zoning
Land Use
N CON-ST & RMF-16
S RMF-16
E RMF-16
W NIA
Delno....Wiaain. Pas. State Park & Vanderbilt Towers
Vanderbilt Gulfside
Vanderbilt Landinas
Gulf of Mexico
Minimum Yard Reauirements for Subiect ProDertv:
Front: 50% of the buildina heiaht. but not less than 30 feet
Side: 50% of the buildinG heiaht. but not less than 15 feet
Rear: 0
Corner Lot: Yes ~ No 0
Waterfront Lol: Yes ~ Nc> 0
~...,.. O"d.~~.""'"
. . ' ,'~ ' '. . . I . .
,. , " .. _. ',' '
Provide a detailed explanation of the request including whal structures are existing and what is
proposed; the amount of encroachment proposed using numbers, i.e. reduce fronl setback from 25' to
18'; when property owner purchased property; when existing principal structure was buill (include
building permit number (s) if possible); why encroachment is necessary; how existing encroachment
came to be; etc.
For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations,
including any dredging and filling.
A proposed elevated public restroom facility is located along the subject north property line and
within a public right-of-way (i,e. Bluebill Avenue). The County Parks and Recreation Department
is the co-applicant in this regard. The applicant has agreed to allow an encroachment into the
subject property to facilitate the. construction of the restroom facility as to minimize the
encumbrance into the Defnor-Wiggins Pass State Park access as well as the public access
easement to the Gulf of Mexico. The public restroom facility structure is elevated above the
FEMA required floor elevation. There are not specific requirements for calculating required yards
within a County right-of-way, however, the RT zoning calls for a front yard dimension based on
50% of the building height, but not less than 30 feet. As per the attached plan the building has
been located with zero side yards but is located approximately 150 feet from Gulf Shore Drive.
The proposed location of the restroom facility allows for approximately a 1 2' buffer from the
drive lanes of Bluebill Avenue, This buffer will be used for landscaping as well as provide safe
access around all sides of the building.
The placement of the public restroom facility structure at the north property line technically
creates the need to vary the space between the building on the subject property and the
restroom facility building to the north. The space between these buildings for a limited parallel
relationship is 53.1 feet, whereas the lDC requires 52.5 feet.
Summary of Variances:
Public Restroom Building location: os shown on plan
Agenda Item No. 7B
December 16, 2008
Page 19 of 62
1. Are there special conditions and circumstances existing which are peculiar to the location, size
and characteristics of the land, structure, or building involved.
In siting the public restroom facility building as not to impede the drive lanes to Delnor
Wiggins Park and the public drop off area, a portion of the building straddles the property
line. Public opposition to a detached private club which would have accommodated the public
restrooms on the subject property resulted in a revision to companion conditional use
application that moved detached private club lacility to a location within the principal
structure leaving the public restroom facility requirement to be met in self contained building.
Since moving the club inside the residential building removed the ability to accommodate the
public restrooms, the County is required to accomplish this goal on its own property although
the applicant for the canditional use is prepared to accommodate the location of the public
facilities by allowing encroachment on to the subject property as shown on the site plan. The
property has an unusual configuration in the form of a jog in the mutual property line which
allows for the restrooms to be tucked away from the travel-way. Although, the majority of the
building is located on the adjacent property, a variance is required because existing public
space cannot accommodate the public facility without the variance from front ya rds. The
distance between the residential building and the restroom meet the one half the sum of their
heights as per the VBRTO requirement in section 2,03,07.1.6.1. Were it not for this
accommodation the requested variance would no longer be required.
2. Are there special conditions and circumstances which do not result from the action of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance
req uest.
The only pre-existing conditions that create circumstances and special conditions that make
necessary the variance being requested is the limited beach frontage with available public
facilities. The ability to enjoin in a public/private partnership to accommodate such facilities
which are scarce along the coast provides opportunity that may otherwise not exist.
While special conditions typically refer to physical properties, the subject application does
hove a public purpose special condition that cannot be ignored. The public restroom building
serves a public purpose by affording restroom facilities to the public at large. The developer,
furthermore, has contributed financially to off-set the cost of providing the public restrooms to
serve beach uses as well as a public beach access easement. Collier County Parks and
Recreation Department Is the beneficiary 01 this donation and they are in support of this
variance. It should further be pointed out that this is the only way public restrooms can be
made available in this area and if the County were to attempt to do it on their own they
would require similar variances and associated approvals. There is a substantial public
benefit to be derived from the approval of this variance both in terms of providing beach
aCcess and essential public restrooms at no cost to Collier County.
3. Will a literal interpretation of the provisions of this %oning code work an unnecessary and undue
hardship on the applicant or create difficulties on the applicant
The public benefit conferred on the County by the provision of public facilities that support
and enhance the use of the Gulf of Mexico beaches, at no cost to Collier County, far outweigh
the Importance of literal interpretations of the land Development Code when they do not
Agenda Item No. 7B
December 16, 2008
Page 20 of 62
place an undue hardship or create practical difficulties on the applicant. Additionally, the
buildings have unencumbered access to emergency vehicles.
4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use
of the land, building or structure and which promote standards of health, safely or welfare.
The variance, if granted, will be the minimum variance required to make possible the
reasonable use of the land, building or structures and promote standards of health, safety or
welfare. As advised above, the reduced front yard does not impact any other property other
than the residential site. The impact on the yard can not be seen from the road or the
neighbors nor does it constrain any access from fire protection or emergency access. The
public restroom building has mOre than sufficient access to fire suppression vehicles via Bluebill
extension.
What the minimum required variance does is allow the building to be physically separated by
a maximum distance to mitigate the location within the Bluebill right-of-way yet our of the
area of the travel lanes. The minimum required variance also has a public benefit aspect to It
that far outweighs abridging the front yards rule that is a community standard as opposed to
one driven by concerns for public health, safety and welfare. It should be appreciated that
the County's goal for public restroom facilities cannot be achieved without this variance being
granted and it is highly unlikely that the County on its own initiative would solve this goal in
any other manner,
5. Will granting the variance requested confer on the petitioner any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning district.
Granting the variance In the context involved in this application does not confer any special
privilege that is denied by these zoning regulations, Rather the beneficiary of any privilege
is really conferred on the public of large because the applicant is trying to accommodate a
public goal.
6, Will granting the variance be in harmony with the intent and purpose of this zoning code, and not
be injurious to the neighborhood, or otherwise delrimentalto the public welfare.
The granting of this variance will have no adverse impact on adjacent land or buildings. The
public restroom facility building is located on the north side of the property adjacent to a
State Park, To the extent that it is not detrimental to the interests of other private property, it
can hardly be said to be injurious to the neighborhood, or otherwise detrimental to the public
welfare. Indeed the relationship that this project brings to a public purpose enhances the
public welfare goal, Relative to on-site related impacts and implicit public health safety and
welfare, the public safety issue has amply been addressed. Public health and welfare goals
may have some intrinsic relationship to sunlight penetration, circulation af light and air and
issue of privacy, It should be noted that the nine storey residential structure sits on two levels
of parking. Essentially, windows to residential units are some 25 feet above grade or almost
to the roaf level of the public restroom building. That being the case, the buildings proximity
will have no effect af sunlight penetration to residential units facing the public restroom
building and likewise with circulation of light and air.
7, Are there natural conditions or physically induced conditions that ameliorate the goals and
obiectives of the regulation suc;h as natural preserves, lakes, golf course, etc.
Agenda Item No. 78
December 16, 2008
Page 21 of 62
There is a physically induced goal that creates the need for the variance. That goal is based
on the need to produce a public restroom facility for the public use at the beach and this
cannot be an integrai part of the principal residential building for obvious reasons.
Additionally there are other physical and natural conditions that ameliorate some of the
reasons for space between buildings relationship. Two of the sides of the public restroom
building face lands that in perpetuity will be open space; a third faces Gulf Shore
Drive/Bluebill Avenue. We point this out to confirm that in the molter of light penetration,
circulation of light and air and privacy, the public restroom building enjoys natural and'
physical conditions that eliminate the concern over the front yard encroachment.
8, Will granting the variance be consistent with the growth management plan?
There is nothing in the Growth Management plan that definitively deals with dimensional
standards relative to the placement of buildings on a particular site in its broad application,
Certain special districts do have standards this is not one of them. We suggest that the
granting of this variance will be consistent with the goals, objectives and policies of the
Growth Management Plan
Agenda Item No. 76
December 16, 2008
Page 22 of 62
AFFIDAVIT
We/I, James V, Mudd being first duly sworn, depose and say that we/I am/are fhe owners
of the property described herein and which is the subiect matler of the proposed hearing; that
all the answers to the questions in this application, including fhe disclosure of interest
Information, all sketches, data, and other supplementary matfer attached to and made a part
of this application, are honest and frue to the best of our knowledge and belief, We/I
understand that fhe information requested on this application must be complete and accurate
and fhat fhe content of this form, whether computer generated or County printed shall not be
altered. Public hearings will not be advertised until this application is deemed complete, and
all required information has been submilted.
As property owner We/I further authorize Karen Bishop of PMS, Ine of Names to act as
our/my representative in any molters regarding the Conditional Use Pefifion for the Public
Facilities near Moraya Bay,.
/....---, ~A' /' /"
// L.~V?~
-liJ.te: c~;t;f rrr~if r Co/lier Cotl/l1ture of Property Owner
..JA11'I>:..'S V. J11", b b.
Typed or Printed Name of Owner Typed or Printed Nome of Owner
The foregoing instrument was acknowledged before me this IS 4:.; day oiic1 ~
2008, by If. J. who is personally known to me 0 as p uced
as identification.
e of Notary Public - Sfate of
Florida)
5 tote of Florida
County of Collier
~I<~V PIIm_ '
.....0 ....;"l"t- MARY E. BECK
.-~. . * ~y COMM~SlOlU DO 765201
. EXPIRES: ApJi/22, 2012
"'''''''''''~ _TluvBL<IgIlN"'~8tMooa
(Print, Type, or Stamp Commissioned
Nome of Notary Public)
Agenda Item No. 78
December 16, 2008
Page 23 of 62
(i).:).~
1'. ,.
, 1,1 ~ ' "
AFFIDAVIT
We/I, VI LTD. Limited Parlnersnit> being first duly sworn, depose and say thaf we/10m/ore
Ine owners of the prc>pedy described herein and which is the subject matlcr of the proposed
hearing,. thtrf c;}f the cm.swers to the questions in this oppJicofio'1r including the disclosure of
inte,.est information, all sketches, data, and other wpplementary matter ottor:hed +0 and
made a port of this application, are honest and tru~ to the best 0/ our knowledge ond belief,
We/I understand that the in/ormotion requested on this application must be oomplete and
accurote and thai fhe content of this form, whether compuler generated or County printed
shoft not be altered. Publ;c hearings wifl oed be adverTised until this oppticotion i.s de-r-n1f.d
complete, cmd all requlYeo mtormatlOn nos oeen SUOtrlS1Teo.
As property owner We/I fur/her authorize Good/etle Coleman 8. Johtl1ion, Yovar>Q.v.1ch_&
[ges'er~ PA to od os otlr / my ropresentofive in any motters regarding this Varionce Petition
for the public facilities ond Moreya Boy.
Signa/ure of Property Owner
~~
r '
Signatlire of Prc>perty Owner
..52-\ \;Y\CAr & 'Si=". (n"c.1.. e.
Typed or Printed Nome 0/ Owner
Typed or Printed Nome of Owner
The foregoing illstrument wos ack~owledged before me this .7........ day of .\\ "'j\}') +-
2008, by &~r2 '5j=". (0"(/,,( e-who is personally known I_o_!!,e or hos produced
IV II+-- as identi{;cOtio~, .--..' - "
~}lL. ,,/t 11, v~~/)
Slote of Florjda / Ti{;~ture of No/cry Public. Slale of
~--"'J -.
"J I,'
Iii"\:
~....I
NotaryPubl~ Stilt. ofFlo1\<la
Mlch.U. M Qu.vedo
My CommisslOll DD535362
E,plre, 04/1912010
rint, Type,. or Sfamp Commissioned
vorne of Notary Public)
2'd
?Rn8;QP""
OUT Sf.-J,1
dpp"~ Rn to ~ny
,'<' .~.
-
Agenda Item No. 78
December 16, 2008
Page 24 of 62
(j)
AFFIDAVIT
Well, VI Ltd. Limited Partnershio being first duly sworn, depose and say
that well amlare the owners of the property described herein and which
is the subject matter of the proposed hearing; that all the answers to the
questions in this application, including the disclosure of interest
information, all sketches, data, and other supplementary matter attached
to and made a part of this application, are honest and true to the best of
our knowledge and belief. Well understand that the information
requested on this application must be complete and accurate and that the
content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application
is deemed complete, and all required information has been submitted.
As property owner Well further authorize Karen Bishoo of PMS. Inc of
Naoles to act as ourlmy representative in any matters regarding
this Var::ance Petition Moraya Bay.
Signature of
f1J(.frer: 5C-I-q ,jJiVi'S1ofS; J.nC.
Property Owner / /
/rf/~,' viCe.. {fCSldmf of +I'lL t:Jenerm
__~Sg~_:h"S\Y2-'c.~
,
Typed or Printed Name of Owner
Owner
Typed or Printed Name of
Agenda Item No. 7B
December 16, 2008
Page 25 of 62
The foregoing instrument was acknowledged before me this _o.Zl'L_ day
3 b 1<: _~<u \'>. x \ - -- , h'
of ___'.l-,~___, 2008, y __I.~-'i.k..._"!O~_~.Y...'>C..\?~ 0 IS persQ,nally
known to me or has produced ____}djil____________as Identification,
/Y}k~M,~
(Signature of Notary Public - State of
_Florida)
l1'Diic State ot Honda
~o\ll!'j? ,do -',------------------------
Miellon" M Quev 5362 '
MjCommiS"onD~5' lPrtnt, Type, or Stamp
expireS 041'~120'
State of Florida
County of Collier
Commissioned
r-",,~
f.A .
;"~'J
~Qf~
Name of Notary Public)
Agenda Item No. 7B
December 16, 2008
Page 26 of 62
From: Jennifer Castillo [jennifercastiIlo@pmsnaples,com]
Sent: Wednesday, June 18,20084:20 PM
To: DeselemKay; Richard Yovanovich; Karen Bishop
Subject: RE: Moraya Bay petition AR 11 046
Kay,
Below is the information requested for both the Variance (AR#1l064) and the
Conditional Use (AR#11046) regarding the Disclosure:
SC & G Investors, Inc.: Owned 51% by Anthony Soave (510 shares), 24,5% by Richard F.
Corace (245 shares) and 24.5% by Gerald F. Griffin II (245 shares). Officers of this entity are:
Keith A. Sharpe, President, Secretary and director; Richard F Corace, VP, Treasurer and
director; Gerald F. Griffin II, VP and director.
VGC II. LLC: Owned 50/50 by Gerald F. Griffin II and Richard F. Corace; Keith A. Sharpe is
managing member.
Trident Development Associates: MANAGERS:Trident Investments Management Company, Inc.
MEMBERS AND PERCENTAGE OF OWNERSHIP:Trust under Indenture dated 6/25197,
between Anthony L. Soave, as Donor, Yale Levin, as Trustee and Angelique Soave as the
beneficiary 49%
Trust under Indenture dated 8125/97, between Anthony L. Soave, as Donpr, Yale Levin. as
Trustee and Andrea Soave as the beneficiary 49%
Anthony Soave 1 %
Trident Investments Management Company, Inc. 1 %
Manaqer of Trident Development Associates Limited Liability Company is Trident Inyestments
Manaqement Company. Inc. Itc:s stats are as follows:
Officers: President: Anthony Soave
Exec, Vice President: Yale Levin
Exec. Vice President: Michael L. Piesko
Vice President: Michael D, Hollerbach
Vice President: Kathleen B, McCann
Agenda Item No. 76
December 16, 2008
Page 27 of 62
Vice President: Edward R. Schonberg
Secretary: Bryant M. Frank
Treasurer: Richard T, Brockhaus
Directors: Yale Levin; Kathleen B, McCann; Michael L, Piesko; Anthony Soave
Autorized Capital: 60,000 shares - common stock
Total Shares Issued: 10,000 shares
Sharholders and percentage of ownership: Anthony Soave 100% 10,000 shares
Let me know if you need any more additional info,
Jennifer
From: DeselemKay [mailto:KayDeselem@colliergov,net]
Sent: Wednesday, June 18, 2008 12:19 PM
To: Richard Yovanovlch; Karen Bishop; Jennifer Castillo
Subject: Moraya Bay petition AR 11046
Importance: High
Disclosure documents are undergoing closer scrutiny now and based upon that. I re-reviewed the
11046 CU petition. You have listed the following GenerallLimited Partnerships for the CU
petition, You need to provide supplemental information for ALL the entities listed such that you
provide names of persons involved and the amount of shares, and the names of officers for
corporations. I need this information before Friday of this week so it can be included in the
packets to the CCPC for the upcoming hearing,
SC & G Investors Inc. 1%
Trident Development Assoc. 49.5%
VGC II, LLC
49.5%
Without this information It is very possible that the petition could be continued by the
cepc,
Kay Deselem. AICP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples. f'L 34104
Phone: 239.252,2931
www,sWlbiz,org - Department of State
Agenda Itef\<L&'0.17'!!f 2
..,"-" "'"
Home
Contact Us
E.Flflng Services
Document Searches
Forms
Help
Previous on List Nell1.Q!1J.J!?t
RetYl]J,TQ .~ist
No Events
No Name History
I. .E,~tit'N,!meSel'rcD.. .J
Detail by Entity Name
Florida Limited Liability Company
VGC II, LLC
Filing Infonnation
Document Number L05000080021
FEI Number 203345185
Date Filed 08/12/2005
State FL
Status ACTIVE
Principal Address
800 LAUREL OAK DRIVE, STE. 300
NAPLES FL 34108
Mailing Address
800 LAUREL OAK DRIVE, STE. 300
NAPLES FL 34108
Registered Agent Name & Address
GRANT, RICHARD C ESQ
5551 RIDGEWOOD DRIVE. STE. 501
NAPLES FL 34108 US
Manager/Member Detail
Name & Address
Tille MGRM
SHARPE. KEITH A
800 LAUREL OAK DR STE 300
NAPLES FL 34108
Annual Reports
Report Year Filed Date
2006 06/08/2006
2007 02/14/2007
2008 01/25/2008
Document Images
01/2.5/;:>008,- ANNUAL RE;pORT
02./1412007 -: ANNUAL Rr=PORT
06/0a/2006 -,.ANNUAL REPQRT
I. .. Vie""imag"Jn PDFfQrrna! J
r . View image in PDF format. ]
L View image in f'DFformat J
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_ doc_number=' L05000080021 &inq... 6/18/2008
www,sunbiz.org- Department of State
Oal:1;?J2.0Qfi :-:fIQridli!~.imjt"q 1.,i,(lP'!1.i!,,~ [. . Yi",^,!l!1ag,,!ryf[)F.fo.rm~t
I Note: This is not official record. See documents if question or conflict. I
]
"-mV[OJlIU!.nJ..i!!t ~."l!tQ!tl",jll1:
g"'lymIo.l",l".t
No Events
No Name History
Home Contact us Document SGilrches E-Filfng Services Forms Help
Copynght and Prlvacv Policies
Copyrlgllt (t":> 2007 State of Florida, Department of State.
Agenda Itel,'W.fUb2m2
December 16, 2008
Page 29 of 62
[ ,E:l1tity Nal11" S""rcl) J
http://www ,sunbiz,org/scripts/cordet.exe?action=DETFIL&inq_ doc..number=L05000080021 &inq, ,. 6/18/2008
2008 LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L050000B0021
Entity Name: VGC II, LLC
Agenda Item No. 78
FILE[Pecember 16, 2008
Jan 25, 2008 Page 30 of 62
Secretary of State
Current Principal Place of Business:
New Principal Place of Business:
800 LAUREL OAK DRIVE, STE. 300
NAPLES, FL 34108
Current Mailing Address:
New Mailing Address:
800 LAUREL OAK DRIVE, STE, 300
NAPLES, FL 34108
FEr Number: 20-3345185
Fer Number Applied For ( )
FEl NumbBr Not Applicable ( )
Certificate of Status Desired (X)
Name and Address of Current Registered Agent:
Name and Address of New Registered Agent:
GRANT, RICHARD C ESQ
5551 RIDGEWOOD DRIVE, STE. 501
NAPLES, FL 34108 US
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:
Electronic Signature of Registered Agent
MANAG1NG MErr'lBERS/MANAGERS:
Date
ADDITIONS/CHANGES:
TiUe:
Name:
Address:
Clty-St-Zlp:
MGRM ( ) Delete
SHARPE, KEITH A
800 LAuREL OAK OR STE 300
NAPLES,FL 34108
Title:
Name:
Address;
Clty.SI-Zlp:
( ) Change ( ) Addition
I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida
Statutes. I further certify that the information indicated on this 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 ofthe limited liability company
or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statutes.
SIGNATURE: KEiTH A SHARPE MGR 01/25/2008
Electronic Signature of Signing Managing Member, Manager, or Authorized Representative I Date
www,sunbiz.org - Department of State
Agenda It.f~J. j\!2
Home
Contact U.
E~Fi1ing Services
Document Searches
Forms
Help
Previous on List Next on List
No Events No Name History
Return To List
L~~iJY. ~~Tl1!l,~~g:I1....,J
Detail by Entity Name
Florida Profit Corporation
sc & G INVESTORS, INC.
Filing Information
Document Number P05000099089
FEI Number 203282678
Date Filed 07/14/2005
State FL
Status ACTIVE
Principal Address
800 LAUREL OAK DR., SUITE 300
NAPLES FL 34108
Mailing Address
800 LAUREL OAK DR., SUITE 300
NAPLES FL 34108
Registered Agent Name & Address
ATHAN, G. HELEN
5551 RIDGEWOOD DR., SUITE 501
NAPLES FL 34108 US
Officer/Director Detail
Name & Address
Title PSD
SHARPE, KEITH A
800 LAUREL OAK DR., SUITE 300
NAPLES FL 34108
Title vrD
CORACE, RICHARD F
800 LAUREL OAK DR., SUITE 300
NAPLES FL 34108
Hie VD
GRIFFIN, GERALD F II
800 LAUREL OAK DR., SUITE 300
.- NAPLES FL 34108
Annual Reports
Report Year Filed Date
2006 04/17/2006
http://vvww.sunbiz,org/scripts/cordet.exe?action=DETFIL&inq_ doc _ number=P05000099089&inq ,., 6/18/2008
www,sunbiz.org- Department of State
2007 02/14/2007
2008 04/28/2008
Document Images
04128/2008" ANNlJAL RE;PORT L.
Q2!.H12Q,OI::.E\NNJ.lAL.RE;PQfU I........
Q4!1712QQe-::.ANNlJAL RE;PORT L
QILH!zQO~.",)).Qm,!!..ij9P[Qfll [ .
View image In PDF formal
,'.,_,,,',',_'__....u;,.., ,....,. ... '_"_"'h.._""~_,'_ ..
Yie~ il]laQ<? ifJPDf forl]lal
Vi't~~mage in PDfforl]lat
Vie""il]lage Ir PDF!orlT)at
Previous on List Next on List
Note: This is not official record. See documents If question or conflict.
_._.' ....._-.~..,~~,~~.,,~.__. ~~,~',..~~.._. "-'~ '. . _,'"__"'''_''v_ ...~'." ....~,..^"...'...~
No Events
No Name History
Retu m To List
J
]
J
J
I-Iome Contact us Oocument Searches. E-Fmng Services Forms Help
COPYright and Privacy Policies
Copyrigllt @ 2007 St03te of Flolidd, DepiHtrnent of St:'lte.
Agenda )t~~2M2
December 16, 2008
Page 32 of 62
. ~nYtYJ':J.~!l1e,;?!'i!(SIJ.." ]
http://\\'WW,sunbiz,org/scriptslcordet,exe?action=D ETFIL&inq_ doc _ numbeFP05000099089&inq ". 6/18/2008
2008 FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P05000099089
'ntity Name: SC & G INVESTORS, INC.
Agenda Item No. 76
FILEDJecember 16, 2008
Apr 28, 2008 Page 33 of 62
Secretary of state
Current Principal Place of Business:
800 LAUREL OAK DR., SUITE 300
NAPLES, FL 34108
New Principal Place of Business:
Current Mailing Address:
New Mailing Address:
800 LAUREL OAK DR., SUITE 300
NAPLES, FL 34108
FEI Number: 20.3282618
FEr Number Applied For ( )
FEI Number Not Applicable ( )
Certificate. of Status Desired (X)
Name and Address of Current Registered Agent:
ATHAN, G. HELEN
5551 RIDGEWOOD DR., SUITE 501
NAPLES, FL 34108 US
Name and Address of New Registered Agent:
The above named entity submits this statement for the purpose of changing its registered office or registered egent, or both, .
In the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Election Campaign Financing Trust Fund Contribution ( ).
Date
OFFICERS AND DIRECTORS:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
'itle:
Jarne:
Address:
City-st-Zip:
PSD ( ) Delete
SHARPE. KEITH A
600 LAUREL OAK OR., SUITE 300
NAPLES, FL 34108
Title:
Name:
Address:
Clty-5t-Zip:
( ) Change ( ) Addition
Title:
Name:
Address:
City-S1-Zip:
\fTD ( ) Delete
CORACE, RICHARD F
800 lAUREL OAK DR.. SUITE 300
NAPLES,FL 34108
Title:
Name;
Address:
City-51-Zip:
( ) Change ( ) Addition
T1Ue:
Name:
Address:
City-St-Zip:
vo ( ) Delete
GRIFFIN, GERALD F "
BOO LAUREL OAK DR., SUITE 300
NAPlES,FL 34108
Title:
Name:
Address:
Clty-St-Zip;
( ) Change ( ) Addition
I hereby certify that the information supplied with this filing does not qualify for the exemptiDn stated In Chapter 119, Florida
Statutes. I further 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 ao officer or director of tile corporation or
'he receiver or trustee empowered 10 execute this report as required by Chapter 607, Florida StaMes; and that my name appears
1bove, or on an attachment with an address, with all other like empowered.
SIGNATURE: KEITHASHARPE
Electronic Signature of Signing Officer or Director
PSD
04/28/2008
Date
~
v
This Warranty Deed Prepared By:
Richard D. Yovanovich, Esq,
GOODLETTE, COLEMAN & JOHNSON, P A
4001 Tamlami Trail North, Suite 300
Naples, FL34103
2071,OO3lpMU!"
Agenda Item No. 78
December 16, 2008
3849121 OR: 4047 p~~ef1~62
RitoRowtllOmtlAL lICORDS "~f'C01Ll8R 'COUin; PI.
06/02{2006 at 11:01AK ~WIGR! I, HROCK, CLIRI
COHS 11661000.00
RlC UI 3\.58
DOC'.10 501669.00
COPliS '1.00
Retn:
GOODI.!!'i COLlMAI IT At
1001 TAKIAllI 'Ii . /300
K!!lJS n. 34103
~ WARRANTY DEED
THIS WARRANTY DEED, is made this I~ day of .J.we, 2006, between
Y AN-OEV, INC., a Florida corporation, and VANDERBilT-BEACH ASSOCIATES LIMITED
PARTNERSHIP, a Florida limited partnership, collectively the Grantor, and VI
PARTNERSHIP, LTD., a Florida limited partnership, Grantee, whose post office address is
800 Laurel Oak Drive, Suite 300, Naples, FL 34108,
The Grantor, in consideration ofthe sum ofTEN AND NO/100 DOLLARS ($10,QO) and other
good and valuable considerations to s . , hand paid by the Grantee, the receipt of
which is hereby acknowledged, Vl1 ' ed and sold to said Grantee and
Grantee's successors and assi er, the foil e ribed property, situated, lying and
being in Collier County, Flori, it:
E-<
S;
00
"-
taxes for the year of closing and
~ other use restrictions imposed by
governmental authority; (c) outstanding , as and mineral interest(s}, of record; (d)
covenants, restrictions, reservations and easements of record or common to the subdivision.
And said Grantor does hereby fully warrant the title to said property, and will defend the same
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has executed and delivered this warranty deed the day and
year first above written,
\'A-2006-AUR-11 064
PROJECT #2006030062
DATE: 113107
CAROLINA\' AURA
WarrantyOeed
Paga No.1 013
Agenda Item No. 78
OR: 404f~cGr~i~\ ~?~~
~u.~e
Signature of I ness #1
';(.'~.,A ~. "I D~ .....Il.... 4..
Print Name of Witness #1
VAN.DEV, INC., a Florida corporation
By:
~ '-7;b. c:>
J Ne~d, SecretarylTrelU:urer
'c..(
Signature of Witness #2
Utr;c..;... Dt!SI-~h..Y)o
Print Name of Witness #2
(CORP. SEAL)
STATE OF FLORIDA
COUNTY OF COLLIER
We:rranty Deed
Page No.2 of 3
Agenda Item No. 7B
December 16, 2008
OR: 4047 PGr~&.6~f62
~~f.~
?--.t.~ ~. -y 0" c.r-.~'~
Print Name of Witness #1
~
Signature of Witness #2
4{-\-r;c-:o.. )e~ fdl'lo
Print Name of Witness #2
VANDERBILT.BEACH ASSOCIATES
LIMITED PARTNERSHIP, a Florida limited
partnership
By: TIMEMED LABELING SYSTEMS, INC.,
an lIIinois corporation, General Partner
(CORP, SEAL)
BY~' ""77- - C)
r eract'. President -
tI~.~ PA1!llW. A. DE STEfANO
i'! '" MY CIJMMISSION 100 220980
~} l..~ EXPIRI:S:h"'62007
"'114if.'W _n.,"";;;:";_
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing inst
2006, by Jerry Nerad,
corporation, and as Gene
Partnership, a Florida IImi
Notary Public, State of Florida
My Commission Expires:
Warranty Deed
PageNo.3of3
Agenda Ite";' No. 7B
December 16, 2008
*** OR: 4047 PG:asMi Otl1
<_.
Exhibit A
Lot 6, and the North 100.00 feel of Lot 5, Block A, BAKER CARROLL POINT, Unit No.2 as recorded in Plat Book 8, Page
62, of the Public Records of Collier County, Florida, being more particularly described as follow",
Beginning at the Northeast comer of said Lot 6, run South 14' 49'20" East 362.09 feet along the We't right of way line of Gulf
Shore Drive: thence North 89' 52'20" We't 580 feet more or less, to !he Mean High Waler Line of the Gulf of Mexico; thence
Northerly 400 feet, more or less, along said Mean High Water Line to the North line of Section 29, Town.hip 48 South, Range
25 n,~ thence South 89' 52'20" not, 365 feet, more or less, along ,aid Section line to Ihe West right of way line of State Road
S-846, tilence South 14' 49'20" E, 41.40 feet along said We't right of way line; thcncc South 89' 52'20' East, 217.29 reet along
the South right afway line of said State road to the Point of Beginning.
PROJECT: Vandetbillln.n Beach Access
Tax Prepertt 10 #: 22870200005
flJ
'()
~,.
3733239 OR: 39~e~;,n~'0~~
nCORllID in O!llCIAL nCORllS of toLLIll"ClIilrifl, 'f1. 62
11/15/2005 at. 01: 11Pl DIIG1'l J. BRIlCl, mIX .
-.-----.,. '-mtn-'''-3!.\Q
DOC".71 ,71
COfIBS 1.00
I'rtPfred b"
Elleft T. Chadwel" Es~\t!
Office of the C...Rt, Attorney
3301 Elst T..I..I Trill
Maples, fl&rld< 34112
(9-\1) 774-8400
~etn:
nAL BStA'll SlRUCIS
mUOfPICI
AT'l1: tIlot
PUBLIC BEACH USE AND ACCesS EASEMENT
THIS PUBLIC BEACH USE AND ACCESS EASEMENT is made and entered into
this L'Ll:!.. day of ~___ /." .. 2005, by VAN-DEV, INe,. a Florida
corporation, and VAND BILT BEACH ASSOCIATES LIMITED PARTNERSHIP. a
Florida limited partnership. both entitles having the~ principal place of business at
11000 Gulf Shore Drive North. Naples. Flo<ida 34108 (collectively "OWNER") in favor of
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY, a political subdivision of the State of
Florida, ("COUNTY"), whose address Is 3301 Tamiami TraM East, Naples, Florida
34112. its successors and/or assigns.
VAN-DEV, INC." Florida corporation
.~~ ~
By: . 17 c.r ..fA
Marilyn Opelka, 0
dl~~
I
Witness 12 4t"~ (,/.' tf),
.€:u.-
Printed Name of Witness #2
TlUS COIIVEYAHCE ACCIPTED IV Tll[
BOARD OF COOHTy C.....
COlLIER COUNT "",'USSICHEIlS.
PUIlSUAHr TO ~~OIUDA.
DATED, 4/JII,I2.nn..... m.. NO. /LA
V A-2006-AR-II064
PROJECT #2006030062
DATE: 1/3/07
CAROLINA VALERA
~en~11;Wt No. 7B
OR' 3929 l'U'~e t1J16,2008
. age 39 of 62
...
-------.,.-, ..-....-.....-...,
/
VANDERBILT -BEACH ASSOCIATES
LIMITED PARTNERSHIP, a FloriOa
nmaed partnership
~
~" ~<, C)
e Nerad, a~ General Partner -
PrinledNam.~
~~ -
Wlln...#2 ~~ /.-; O'~f:u...
Printed Name- of Wilness tf2
STATE OF o. n - . "0
, COUNTY OF Q .,., k2...--
The foregoing Public Beach Use
before me this ~ day of
on behalf of VAN,OEV, INC..
who has ProdUC't!
ess Easement was acknowledged
5 by Maril}'n Opelka, as CFO
ersonally known to me or
(affix nolarial seal)
1.:./17/ toft,
, f
STATE OF
COUNTY OF (2"" ~
The foregoing Public Beach Use end Access Easement was acknowledged
before me this ~ day of i@~ J. D A _ . 2005 by Jell)' Nerad, as General
Partner, on behalf of VANDE ILT BEACH ASSOCIATES LIMITED PARTNERSHIP. a
I Florida limited partnership, who is pe<sonally known to me or who has produced
Cfu"......rr' " 00;;, h..,,~.iJe)ientiflcat1on.
(affix notarial seat)
.. .R n. ~ OG~'^ on ,'--...0 L. .....r>p'v
(Signatu e of Notary PUblic)
{){.J."'\.'-.U,s. A.. ~\)y
(Print Name of Nolal)' Public)
NOTARY PUBLIC
Sertal/Commission #:
My Commission Expires: " II 7/ D ~
OFFICIAL SEAL
PHYWS A HARDY
. ~TARY FIJIIUC. ar4'1l: OF u_
.,. QOt1.-r-K)\I~:OSfl'1lO6
~'~1lS to,fft~tgll Sl/ff!r.inn,'
L... -0J.. /"; oZ,~
'.... ,."t ~ Attorn;;' ...
Ellen T. ~1l J
g?ffiIan "A"
xU
Agenda Item No. 78
December 16, 2008
OR: 3929 PG: P~~20 fJt\t2
.
~*"
.
~...... (
. - w ... ""
--..,
------
\
P.D.C.
--.
a
~
'ii ~
.
. "-
! ...
'"
. '"
~
~
r
a
: MJt UlC4B WMl .....
~
! UNETABlE
I ...... ..-.
Ll N!n%'2O"W
L.2. Nl4'41I'2(J'"W
U lont1TW
L" Sl~'4G':r.Q"t
~
i
1m.".
'0'"
"'.70
,.,...
41.40
P.D.C.
P,O,S,
W3
LEGENO:
"DINT cw:- COUIIEHca1!:Ht'
POINT Of" BtclMNHC
REACH ACctSS
tAstwENT
Morrs:
I.J llEARtHCS SHOIN HERtlJ( /1M. II.SlD DH
BAKER-CMRaJ. PaMT lHf No. 2.. PLAT 1l00K .. PAGE: 81.
CCUJER alUN'N. hllRCOA.
%.) 1l('S. PROPDOY IS 5UB.Ect tv EI.silIiEN1S.
RESERVAlIONS OR At$1R1CllOtf$ or RECORD.
J.) OlMtHSItwS SHOWIN HERalC ME IN nn WJ OEClWIlLS
-,
ii
~
i
~ SHEET20F2
SKETCH TO ACCOMPANY LEGAL DESCt1IPTION
4.) AU. ~ SHOIliN eN THIS lMU\Wffl; urc.
"""""""
THIS IS NOT A SURVEY
,.,
~
'"
::;
b
...
I :s
~'"
~ I;
n
~
OJ
~
o
'"
~
~
A PORTION OF LOT 6 , BLOCK A
BAKER CARROLL POINT, UNIT No.2,
PLAT BOOK 8, PAGE 62,
COLLIER COUNTY, FLORIDA
BatS SURVEYORS & NAPPERS '/'Ie;.
If)IJ2.A RAil HEAO BlrD.
NAPLES, FlORIDA :H110 tz,)g) Sg7.t315
~
o
OR:
Agenda Item No. 78
December 16, 2008
3929 PG:P!&2i1 of 62
EXHIBIT "A" '.
BBLS
SURVEYORS & MAPPERS INC.
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239) 597-1315
FAX: (239) 597-5207
LEGAL DESCRIPTION
A PORTION OF LOT 6, BLOCK A, BAKER.-CARROLL POlNT. UNIT NO, 2, PLAT BOOK
8, PAGE 62, COLLIER COUN1Y, FLORIDA BEING MORE P ARTICULARL Y
DESCRlBED AS FOLLOWS:
COMMENCE AT THE NOR
N,89"52'20"W, ALONG THE N
217.29 FEET TO TIlE POIN
DESCRlBED, TIffiNCE N,8 52'
N.W49'20"W., A DISTAN E 2.
333.85 FEET TO A POlNT ON
EROSION CONIROL L
EROSION CONIROL L
NORTHERLY LINE OF S
NORTHERLY LINE, A DIS
SAID NORTHERLY LINE,
BEGINNING.
0~
:CARROLL POlNT UNIT No, 2,
RIDA.
TIllS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS
OF RECORD.
{;;(
BREIT A BISHOP, TE OF FLORIDA, (L.S, #4760)
BBLS SURVEYORS & MAPPERS JNC., (L.B, #6753)
Zll'ROIECTS\20041O<29 VANDERBILT lNN SPNURVEy\04 129 BEACIi ACCESS EASEMEfoIT 09 29 OS.LWP
PROOFED BV:~. . AdA
SHEET 1 OF 2
Agenda Item No. 78
December 16, 2008
Page 42 of 62
~
i
o
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
.-
~
~
~
~
~
~
~
'"
~
"
.
tfJI.-
--
--
--
Fr.l.<lCfl'IllItE
-
-'
---
--
COLLIER COUNTY'
-"-
~~,
N
*cI
W?'\.E
S
Cl
Cl
<l::
is
.------."~.,.--_.I=:. -.--- -----" -
OJ
'"
~
::;
19
I
Coo..."
r=1
l,,__.J
,\
I'
-~..,-
l3
19
75
S{)
:1
, .
"..1
GULF OF
MEXICO
LOCATION MAP
G:\ptt)jects\80B\80B75\Cond_Use\RellOO\8007S-{:03.dwg, 12/7/2006 12:52:31 PM, Acrobat PDFWrlter (f.!mporary)9167_p$
V A-2006-AR-ll064
PROJECT #2006030062
DATE: 1/3/07
CAROLINA VALERA
Mar 01 06 11,02a
F~b 29 06 12:4Sp
Colller Co. HUUKcS~lnu
~"'tl-b~:j-:Jo(C-t
f'...L
P . ~genda Item No. 7B
December 16, 2008
62
PI1S Ine
4359082
r a, e 4 3 of
. ---_..
-,,_.-.
A.DDRESSING CHECKLlSt
McIt~ complc:l.c t1~e roUowins;.!!S! $t1bm1t to 1he AddcessinC Se~Q(l. !of" Ite-i\e.w. 'Not an ilc:m.-> ....it! aDtltv to- every ntoicd.. htnl.s in ~'d tYAA
~tre reaui~
I. l.ev.1 dC$trip'~" of subject property or propc;nies !~ vf ~r.(Jry description may be aflachr:iI}
~D?o~,: 2R~S~d- ,~'t'K r'75)'/p oJ- Ii) {Wi ~MS~
2. Folio (l'rOI'C~m) nUlU~f above (attm:h (0, or (IS$f)cic>J. wirh, legal dcscriplion if mclr'e than ~)
.:J'd 10;:>' S
3. St"'C<add=or~ ~ ~'61"lfol';J;dy ~ ~~",j
I1r'JiX) , 7lJ.t e _ "r-; ltd..d..v....!J
4, Lcx:ati... ...... dlowiot CXACt ~[ioo orproje<llsiloln rololio. to nca=t!"'blio [Q>d, n~~.of,wo.y(""och)
5, Copy Or""""'1 (NJ'EDt;!) ONLY FOIt UNl'U TIED PROPEP..nF"s)
&. pr~~m~f!!t-er~
7. "JAsW S\ttct. (if appli bf~)
C, S.taDevo'!J'f':7; T4'tumb<:< (FOR F-Xll;TING I'ROIECTSIS1TES om. Y)
SOP :ae. - .'
9, l'dlti<>. Tn><- (Complctc .._ ~ Chcddist rot ~a<:b _ Typ<)
Cl SOP (Site Devclo;;.mcnt PIm) o PI'L (pk'Uls &.l'lat Review)
o SOFA (SDP Amendment) o PSI' (prelimiruuy SnbdPii:ilon 1'101)
o SDPI (SOP 11lSUbstontial Chaqge) o FP (f'mal Plat)
o SIP (SiIC Improvemenl Plan) D UA (Lot :UI\C AdjllStmcnl)
o SlPl (SIP Tnsubst:mtial Chang~) Cl BL (Bl3sting Permit)
Cl SNR (Sl.=l Nw:n<: Change) DROW (Righ,t-of.Wayl'crmit)
o VellOlatioolExotic (Vel;. Remo~ =~t~ o EXP (lli<c;JVation Permit)
~ Use Petition (V:tti:mcc. @diriQn"l U . IJ VRSFP (Veg. Removal &. Site Fin Permlt)
BC>31 Doclc &t~ Rczonll, PUD rezone. $,)
o OlbC'l'. U=ibc:
10. I'n>jcd oc d""'~Opmonrvtr~. rrr"~'l'~~d\l<11'~ dlS'J"'" (ihpplioa1>k:: indJc>.lc wlrlh<<
prop=dor..lStioe) ,"Lnn Ie, n .
11_ JlI=CheclCOnc: 1lf~1c~is~()bcFaxcd Back 0 peo;SOn:1l1Y~ L- . .
12, A(>pliuntNa....c, f.fl'f I . 1h;,If\c.. l'hone4~"'>n '-E,<';'..CfD8';}-.-
13, Sit:J.l<l%U'" on I<d<lr=ing Cheddist does not constitnte Prl>j<<>t ;mdfO'r S1ro::l N.nlC approvallll1d is $ubjcc:1. to
furthCT review by the Addressing Section.
FOR STAFF USE ONLY
Pri,naryNumber S"'S~:'6
Ad<lrcS$ Numb<:>: 5 '33Z3
Address Number jln~4 m .!J'fOrt1 '03-0 ;-0("
J\.ddr:e::c.~ Nurn.ber I\pp~Qvcd by Oat..
Al'~ - 1" J;\lFUl<rt)KL ttf-:AK1J"l ~ tl l< :-"~...l'tllAkc) ,u':-'.mW cJl,uuj
V A-2006-AR-ll064
PROJECT #2006030062
DATE: 1/3/07
CAROLINA VALERA
COLLIER COUNTY GOVERNMENT.
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
"-S
,\ 0
1J'--\
Agenda Item No. 78
December 16, 2008
Page 44 of 62
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-
"
(i)
V'\-2006-AJR-II064
PROJECT #2006030062
0,\ TE: 113/07
CAJROLINA VALERA
CONDITIONAL USE PETITION
I
PRE-APPLICATION MEETING NOTES
& SUBMITTAL CHECKLIST
O'.iPf
Date: ~''2/3..~' Time: I :/6 Planner: ~fvk Y$ ^
Project Name: _~'l~ 'f"A'I- ~ C1..tJgfb~
Project Addr!Location:_~01-\o *'
Z2.1l"'2oz0000":;
Applicanf Name: ~n1 "?...s.w-or- C~ "1."'C)hone:
Firm: 7M.5 'INc...
Type of Petition:
CJ
Current Zoning:
-e:I
Owner Name:
Owner Address:
Phone:
Meeting Attendeesl (attach Sign In Sheet)
SUBMITTAL REQUIREMENTS:
~ 20 copies of Application, completed
i-B--(1 asrlitie!'Lst set if leeatcd-ffi...lhc Bal~II""I~/G.Ale'.va'l iri(u~sle Rede.,,~I...p,..ep.1, ^r~8) \
[;;3/ .One (1) Addressing Checklist signed by Addressing Dept
~ 20 copies of Pre. application meeting notes.
~ 20 copies of Conceptual Site Plan 24" X 36" plus (one 8 V, X 11 copy)
~
o
G?"
g
Two (2) Copies of Deed(s)
Completed Owner/Agent Affidavits, Notarized
Four (4) Environmental Impact Statement (EIS), or waiver, t,(,tz>>-n;::,..J
Five (5) Aerial Photographs (taken within the previous 12 months)
Statement of ut~lity provisions (with all required attaChments & skeiches)
,..... ~ t.JJIT.r~)
Agenda Item No. 78
December 16, 2008
~./ Page 45 of 62
L.!1 " Seven (7) Traffic Impact Statement (TIS), or waiver
~ Four (4) Hi,torical and Archeological Survey, or waiver
t.!:j Copies of State and/or Federal Permits
G:r' Four (4) Architectural Rendering of Proposed Structure(s)
~ Electonic copy of all documents and plans (CDROM or Diskette)
~ letter of no abjectIon from the United States Postal Service, Contcict Robert M.
Skebe at (239) 435.21 22.
Gr' Pre.application Fee $500.00 (Applitations submitted 9 months or more after the dale of the
last pre-app meeting shall not be credited towards application fees and a new pre-
applitation meeting will be required,)
~ $4,000.00*
!J::V $1 50,00
l!!J . $300.00
~ $729.00
Ltl $363.00
B'" $2,500,00
ApplicatIon Fee
Fire Code Review
Comprehensive Planning Consistency Review
Estimated legal AdvertisIng Fee - CCPC Meeting
Estimated legal Adverthing Fee - BCe Meeting'
(any over- or under-payment will be reconciled upon receIpt of
Invoice from Naple, Daily New,).
EIS Review, if required
*$1500,00 if filed in conjunction
with a rezone petition
OTHER REQUIREMENTS:
o
o
o
n
NOTES:
.9.:m." ( eE:<\ 1::.::eP
-A::....,HI') / r
/..J, .../'/'.............1- f2-/U& "'''$ '''H-.,
.
C. V r-. -r 1'" . ~ C 1.,,1,. t rfl.<,/
mvJ1hiYlC/ '5PawM;{ {) -jJ.,p - Cf',S/ a-:, 0...
W~ ' ~.;:;
\.~ to. 03.051?tb/ic.:INFotMRrto.0 r1>C~S'~ 1Je€rH~t2l1oo't>
lhVPo/?Mkr1 0 N J.rr'bCf'-J 1M) f- REur TED fj trnc.1 N D:/Iw\fEe::rJ IS I f.SU-
c."....,. pl"........"'?-.
c. N..v \. .I~).
"Ht!~ -'~v-e1+~"'"
k> t./>C. cJe~i H~O )
(hrll 'a/lt'/ ./ liP
,
Owner/Agent Signature
Date
2
~
a
di)
'Q1j
~
=
~
e'~
-w
=s
t
~.
'<
~
""'
~
~
~
~.
~
7:..,
~
Z
t..'1
~.
rn
~
ell
.)
ell
~
...... -
. . C
ell
@e> E
0..
. Z 0
~~ ~
>
.:: ell
Q
"
c
0
....
oIS
OJ
c
';:
0
N
...
0
- VI
C VI
ell ell
.s ~
"
~ "
tl <(
0..
CD '-
Q 0
- :E
.l.
~
t"-
III
~
~
w
Z
Z
Ul <( ~
~ ..... <l>
0.. .J:1
Z Q E
}:~ w ::>
Z Z
.., Cl ell
0 VI C
0:: VI 0
"- <( ..I;
c.
....
.t:
";:
.m;. ...
r.~!..; ~
X~tBi1,.':
;J~' z-
~_;)~i;:~:. O:s
.:~"'::.. I' VI. . ......
/~,:,:;" - '"'"
>0:
is ~
>- 0
...
Z
::J
o
U
VI
VI
w
12
Q
Q
<(
....
~
:E
.1J
ffi
'a:\
.~
::J
Z
w
Z
o
:E
D.
w
:E
<(
z
,
'"
o
':r
'Z
~
e'
Ji~
C!
(;;
al
~
~
;a
-0
3l
'S:
~
iii
"
E
.9
"-
Q.
&;
0::
~
~
:;
SJ
o
IX
W
~
::;:)
:z
w
:a
o
:E
~
l-
e.
w
o
~
z~
Obi:
~~
>Ui;.
~ 1..0'
Q 0,
>-
I-
Z
~
8
.".
~
'-::!
0>
,,:
I!!
'"
!:2
!!1
co
'i:i
"
"'
'S:
I!!
o
o
'0
~
:c
(f)
z
z
C)
u;
'"
E
,g
'"
a.
1
a..
'E
~
"
~
C)
w
~
<(
z
Agenda Item No. 7B
December 16. 2008
Page 48 of 62
COLLIER COUNTY GOVERNMENT
(:.,nic'fCOUlUl'.~lor1d1.
TRANSPORTATION PLANNING DEPARTMENT
TRANSPORTATION SERVICES orVIS ION
2885 SOUTH HORSESHOE DRIVE
NAPLES, FL 34104
(239) 252-8192
FAX: (239) 252-9370
April 17, 2008
Kay Deselem, AICP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Dear Kay:
This letter serves as the Department of Transportation's approval of the Collier County
Park Department public restroom facility to be located within the Bluebill Avenue right-
of-way, We note that the final design of this area will maintain the current drive aisle
utilized for entry to the Delnor- Wiggins State Park as well as provide a permanent turn-
around that will be utilized for beach access and the existing traffic control issue at the
state park.. Therefore, we are in support of the Conditional Use & Variance applications
specifically related to the public facility location at the terminus of Bluebill Avenue.
~~
Nick Casalanguida
Director, Transportation Planning
CC: . Norman Feder
.'
Agenda Item No. 7B
December 16, 2008
Page 49 of 62
SETTLEMEN:f AGREEMENT
This Settlement Agreement ("Agreement'~ is made and entered into this 14'h day of June,
2005 by and between !he Board of County Commissioners of Collier County, Florida, (the
"County") and Van-Dev, Inc. and Vanderbilt Beach Assoc" Ltd" ("Van-Dev '~,
WITNESSETH:
WHEREAS, on January 7, 2004, the County amended !he Collier County Land
Development Code ("LDC") by adopting the Vanderbilt Beach Residential Tourist Overlay
District ("VBRTO"), which reduced the maximum zoned height of new construction in the
District from 100 feet and removed a conditional use of an additional 25 feet, thus limiting the
height to 75 feet; and
WHEREAS, Van-De v is !he owner ofreal'l)l'Opurt)' with ill the VBRTO, and presented a
claim to the County pursuant to !j70,OOI, Fla. Stat., the Bert J. Harris, Jr" Private Properly Rights
Protection Act ("the Bert Hanis Act'~, based on !he reduction of maximum zoned height allowed
in the VBRTO; and
WHEREAS, pursuant to !i70.001(4Xc)ofthe Bert Harris Act, within 180 days after
receiving the claim the Board of County Commissioners met on June 14, 2005 at a public
meeting and approved the making of a written settlement offer to Van-Dev; and
WHEREAS, the settlement offer protects !he public interests served by the LDC and the
VI:lRTO by increasing view corridors, light and air movement and decreasing canyonization; by
encouraging redevelopment sensitive to existing scale, compatibility, and sense of place; by
providillg recreational facilities; and by developing, utilizing and protecting natural resources;
and
WHEREAS, the settlement offer provides the appropriate relief necessary to prevent the
VBRTO from inordinately burdening the real property belonging to Van-Dev; and
WHEREAS, Van-Dev accepted the settlement offer;
NOW THEREFORE. in consideration of the mutual covenants set forth in this
Agreement, the sufficiency of which is acknowledged, and wi!h the intent to be legally bound,
the County and Van-Dev mutually agree to the following:
lof4
.
Agenda Item No. 7B
December 16, 2008
Page 50 of 62
I. The maximum height limitation for buildings in the Vanderbilt Beach Residential Tourist
Overlay District ("VBRTO") shall be adjusted for the subject property from 75 feet of zoned
height to 90 feet of zoned height. Side yard setbacks shall remain at 50 feet for the parking
structure, and shall increase from 50 feet to 52 feet fur the remainder of the building over
parking, Front and rear yard setbacks shall be as permitted by the VBRTO.
2. Within 30 days of the execution of this settlement agreement by all parties, the property
owner(s) shall grant to the County, by a recorded easement in a form reasonably acceptable to
counsel for the County, a 20-foot wide easement for public beach access along the property's
northem boundary, as conceptually depicted on the not-to-scale plan attached hereto as Exhibit
"~tI
3, Within 30 days oflhe execution of this settlement agreement by all parties, the property
owner(s) shall grant to the County, by a recorded easement in a form reasonably acceptable to
counsel fur the County, an additional easement of I 0 feet extending westward from the Coun1y's
right-of-way along the property's northem boundary, as conceptually depicted on the not-to-
scale plan attached hereto as Exhibit" A;"
4, The property owner(s) shall grant to the County, by a recorded easement. in a form
reasonably acceptahle to counsel for the County, an additional easement along the property's
northern boundary to accommodate a two-lane vehicular turnaround, as conceptually depicted on
the not. to-scale plan attached hereto as Exhibit "A." The property owner(s) shall convey this
easement to the County as soon as the exact location and dimensions of the easement are
determined during the Site. Development Plan approval process.
5, Within 30 days of the execution ofthis settlement agreement by all parties, the property
owner(s) shall contribute to the County five hundred thousand dollars ($500,000.00) towards
improvement of beach access amenities related to the deeded easements;
6. The property owner(s) shall provide the County with a release of all claims whieh the
property owner(s) or succesBor(s) in interest have or could have pursuant to Chapter 70.001,
Florida Statutes, arising from the application upon the subject property of the Vanderbilt Beach
20f4
Agenda Item No. 78
December 16, 2008
Page 51 of 62
Residential Tourist Overlay DistriC1, enacted by the County putsuant to Ordinance No, 04-01.
The fully executed release shall be provided to the County on the first business day after the 30th
day following the County's issuance of a building permit, unless a court of competent
jurisdiction has, prior to the expiration of the 30-day period, enjoined the construction pennitted
by this Settlement Agreement upon the subject property based on a determination that this
Settlement Agreement is invalid or ineffective, [fthe injunction is ultimately dissolved and the
Settlement Agreement is upheld, the property owner(s) shall provide the County with a release,
If a lawsuit challenging the validity or effectiveness of the Settlement Agreement is filed,
whether before or after the property owner(s) provide a release to the County, the property
owner(s) and the CO\Ulty shall cooperate in defending this Settlement Agreement, with each
party bearing its own attorney's fees and costs. If, after the exhaustion of all appeals, the
Settlement Agreement is found to be invalid or ineffective, the County shall transfer back to the
property owner(s) the three easements and $500,000.00 described in paragraphs 2, 3, 4 and 5
above. However, once the property owner(s) have provided the County with the release, the
release shall be binding and effective upon the parties thereto. regardless of whether an
injunction is entered subsequently, or the Settlement Agreement is ultimately found to be invalid
or ineffective.
7, The rights, burdens and benefits of this Settlement Agreement as well as the rights of the
landowner under the Bert Hams Act Claim filed by. it that resulted in this Settlement Agreement,
shall inure to the benefit of and be enforceable by, any and all future and successor owners oftbe
property ifand to the extent it is conveyed or sold by the present property owner while this
Settlement Agreement remains effective.
8. The County, to the extent possible, and consistent with existing policies, will expedite the
review of the SDP and building permit applications submitted by the landowner(s) ortha
purchaser of the landowner(s)' property,
9, The County and Van-Dev acknowledge that this Settlement Agreement is the product of
mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is
30f4
Agenda Item No. 78
December 16. 2008
Page 52 of 62
to be construed against any party either based upon a claim that the party drafted the ambiguous
language or that the language was intended to favor one party or the other,
IN WITNESS WHEREOF, the County and Van-Dev have executed this Agreement as
evidenced in the' following signatUre blocks:
..' \",\U" CiJ..,,; .,.. .
. ~">........,,,."ljl '.,.
ATTE""" --. . eo'
~jl.... ~ ;,~..... ..r. '
Dwr~ ld:irock, CLER!'
. ""C" .; c..: ~
BY:'~~.
Arent, 8' ~'Ch. tl'lllll' S
~1M!'t#~0Il11'
'If;ed Name
n f" .sc~ If">. c)r ,....
P~ame
'~. '() "2.
S~ed Name
. .-L...,...J.. \::::.."Ic-t......OJ'..k
Printed Name
BOARD OF COUNTY COMMISSIONERS
OF COlLIER COUNTY, ~
By: '-:A..J.. W.
Fred W. Coyle, CHAlRM
VAN-DEV, INC,
1'-
Signed Name
13('"" 5,. ~ .,... cIC.......-
~ame
;c,'C ~
S!gned Name
~'\..\..e~r.A >l..i1.iv.......Il-.l,d,...
Printed Name
VANDERBILT BEACH ASSOC" LTD.
BY'-~ ~ ~
Nam :'\'...)0 ^-~~
Title t)UL.A' ,
A:;;/k~~~
Michael W, Pettit, Chief Assistant County Attorney
40f4
Agenda Item No. 76
(: ,.
I
I.
-, - ~...
Page 53 of 62
.' . . .
~
,
~l "
I !lr~ '
f.L.-~
--- - . !~ /
---- I~':
f i
~ II
I ,
~ i:
i
I ~I
~ ~'\I1
.t 'N.
/JJ
'i'll __~ _ ----
~ ?I'-'''''''
:r ~ _--~ ~~~
~. .
=---- \ t
I~i
~~~
~h
II
."--
::z
-
l
"
&
~
"'"
t
~~
-
.
.
fJ1ID)1 r' BL-UE.Bll-J..... PARK ~ rmmT1il,
u.mrJ c,ow...1ER CCUNT'f R>-.!'1J<:SAND ~EAT\ON Hf:I:I:i:l:l:]J
~
c \ \ \ .,;".,
e+ ,^O '=' 41" '"""I
Agenda Item No. 78
December 16, 2008
Page 55 of 62
-
r'- '\
AP ARTMENT 203, VANDERBILT GULFSIDE 2
10851 GULF SHORE DRIVE, NAPLES, FLORIDA 34108
Ms Kay Deselem AICP
Principal Planner
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples Florida 34108
24 April 2007-04-24
Dear Ms Deslem,
Proposal by V.I. Partners Ltd and Collier County Parkes and Recreation to
make an application for Conditional Use Permit, Flood Damage Prevention and
Setback Variance for a 5.14 Acre parcel located on the SW corner of Gulf Shore
Drive and Bluebill Avenue at 11125 Gulf Shore Drive.
:'\
We attended the public meeting on 23 April 2007 with regard to the above
application and wish to register our opposition to the above application for the
following reasons:
I, The proposed use of the parcel (for a private club and 6 public toilets) will cause
even grcatcr traffic congestion at this location than exists already, It is already
extermely difficult for local residents to access their property in season and the
private club house and public toilets will only make this worse,
2, The presence of a club house at this location will severely restrict the public use of
the beach,
3. By granting the application for a set back variance of approximately 25 feet the
Collier County Community Development Services will be setting a precedent for all
developers in the County who apply to locate private clubs or other buildings on the
propCIties that have been approved for condominium use only.
We also wish to protest the arrangement that V.l. Partners have with the County
Commission for a "Fast Track" hearing of this application, This would severely
restrict the opportunity for residents to voice their opinions at the hearing as many
will be away from their residences during the summer and early fall. We request that
the hearing be defered until late fall ( late November learly December)
~..-
Yours truly _
;::>g .4~<-~.-._.~
Jack PoznanskY;;-nd Dulcie POZllansky
~L~:e fro ~~~
RECEIVED
APR 2 7 2007
ZONING DEPARTMENT
Agenda Item No. 78
December 16, 2008
Page 56 of 62
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER
V A-2006-AR- 11064 REQUESTING V ARlANCES FOR A TRELLIS
STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6, OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A
PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING
DISTRICT AND THE V ANDERBIL T BEACH RESIDENTIAL
TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: 1)
BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS
AND. THE PRINCIPAL RESIDENTIAL STRUCTURE FROM THE
REQillRED Y, THE SUM OF THE TWO BUILDINGS TO ALLOW A 25
FOOT SEPARATION DISTANCE (A REDUCTION OF 25 FEET 4
INCHES); fu"ID 2) FRONT YARD (RIGHT-OF-WAY): FROM THE
MINIMUM REQUIRED 30-FOOT FRONT YARD SETBACK FOR THE
TRELLIS TO THE NORTH PROPERTY LINE, TO ALLOW A 10 FOOT
SETBACK (A REDUCTION OF 20 FEET); AND 3) BUILDING
SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE
PROPOSED PUBLIC RESTROOM BUILDING ALONG THE EASTERN
PROPERTY LIl\'E (ALONG BLUEBILL AVENUE) STRUCTURE
FROM THE REQUIRED Y, THE SUM OF THE TWO Bun.DINGS TO
ALLOW A IO FOOT SEPARATION DISTANCE (A REDUCTION OF
2.5 FEET 4 INCHES) FOR A PROPERTY IN THE RESIDENTIAL
TOURIST (RT) ZONING DISTRICT AND THE V ANDERBIL T BEACH
RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), LOCATED
AT 11125 GULF SHORE DRIVE ON SOUTHWEST CORNER OF GULF
SHORE DRIVE AND BLUEBILL A VENUE 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 Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area
hereby affected, has held a public hearing after notice as in said regulations made and provided, and has
considered the advisability to allow variances for a trellis structure as specified in section 2,03,07.L.6, of
the collier county land development code (LDC) for a property in the residential tourist (RT) zoning district
Revised 8104108 - V A.2006.AR-l 1064 (HFAC)
Page I of3
Agenda Item No, 78
December 16, 2008
Page 57 of 62
and the Vanderbilt beach residential tourist overlay district (VBRTO), as follows: I) building separation
distance: between the trellis and the principal residential structure from the required y" the sum of the two
buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front yard (right-of-
way): from the.minimum required 30-foot front yard setback for the trellis to the north property line, to
allow a 10 foot setback (a reduction of20 feet); and 3) building separation distance: between the trellis and
the proposed public restroom building along the eastern property line (along bluebill avenue) structure from
the required V, the sum of the two buildings to allow a 10 foot separation distance (a reduction of2,5 feet 4
inches) for a property in the Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential
Tourist Overlay District (VBRTO), as shown on the attached site plans, Exhibit "A," for the property
hereinafter described in Exhibit "B," and has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 9,04.00 of the 7.oning Regulations of said Land Development Code for the
unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered all matters presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The Petition V A-2004.AR-ll064 filed by Richard Yovanovich of Goodlette, Coleman, Johnson,
Y ovanovich & Koester, P.A. representing VI Ltd. Limited Partnership, successor by merger to VI
Partnership Ltd. and the Collier County Parks and Recreation Department, with respect to the property
hereinafter described in Exhibit "B" be and the same hereby is approved for I) building separation
distance: between the trellis and the principal residential structure from the required y" the sum of the two
buildings to allow a 25 foot separation distance (a reduction of25 feet 4 inches); and 2) front yard (right-of-
way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to
allow a 10 foot setback (a reduction of 20 feet); and 3) building separation distance: between the trellis and
the proposed public restroom building along the eastern property line (along bluebill avenue) structure from
the required V, the sum of the two buildings to allow a 10 foot separation distance (a reduction of 2.5 feet 4
Revised 8104/08 - V A-2006-AR-ll 064 (HF AC)
Page 2 of3
Agenda Item No. 78
December 16, 2008
Page 58 of 62
inches) for a property in the Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential
Tourist Overlay District (VBRTO) as shown on the attached site plans, Exhibit" A," wherein said property
is located, subject to the conditions shown in Exhibit "C."
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2006-AR-
11064 be recorded in the minutes of this Board,
This Resolution adopted after motion, second and majority vote,
Done this
day of
,2008.
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
TOM HENNING, Chairman
Approved as to form
and legal sufficiency:
@
Heidi Ashton-Cicko
Assistant COlmty Attorney
Attachments:
Exhibit A: Site Plans
Exhibit B: Legal Description
Exhibit C: Conditions of Approval
Revised 8/04/08 - VA-2006-AR-l1064 (HFAC)
Page3 of 3
mOON
r--O<D
.0_
-NO
'0)
~'"
iD......a.>
~",Ol
-.<:>CIl
mEa.
'0",
,,<.)
Q)",
-'!o
~
-. - I
_""_ItlI'l1IlO_IWKW ,.....-.. ~ 3~'""'w:SQ)~./j';?~~
,. -,-) , .fr~.1 ""'..-
~A_""""__ - .~, ...--...
_~U1'llPoao_ , JlMlDllpllJg_M1S8,{BJOf/
. ......,..t , -
-~--- ..~ , -- WR'-m ($1) __ --.-
_"''''''''''''n>__fII_ - $.....,. . ~~~~ OX<1"'S~eo~u'~ ~~
- . - . _w_ ... an~~ OfI11 ~;; IIIII..101,{ea
-
, _ ~'I -t:..~ ass~u~^ i
,
'" ~.'i. /
~*~. .j~ ~'
/,:"'j:!~ / lfp.
i I 'ifil~ ~\ '
!:: / ~'rll ( \- 1
t! I / . I IJI I ------.-
ii : / J -- ....---~-~
ii ! / -!/I---:'-~~' ~~:;;;~:::.:-~...::::
!ji!l\ ~I//---_-~~\' -:::~ <
I II \' . ...... ,.-(" ------ -,-" ----.:.-.... - . - #
\ :'" . ..:-.-- ,-' ~"'~:,:-:;:.'" '
\ 1':<"'" -~- ---- ---:':>.. ..-.
'\ ;) I 1/ ~----./ ---.-'-:----::::::;::..=:..~;:-.-...-----. ,-_:", ."-
,_/: ll\II:!'~-~-- _~:::::.::.::..:::;...6~ --..-..,- -
!-.-,..,......' ,'-:::::::?:;:..~..-:.-"\'.... '-"':J-- - .
/ i ,~~-:,/~-:./-
, '.. ,', -~-' .~..~-_.....-. ...---
~); I: -"}._--- I:;;:::;::
"I; -;...---:-~~
/ I; I -ll
/ U ili r'.I'<:"~j I il I
._.J I' :X'& ~'l"\ '.oj ,-
ii, I: !lll111h" I ,".
II. I <il' Ii" d. I ~ ;;,,~\",
.. .1, :11! ,11 Ib"-l;Lj III n,! I I, "~~{;
I ;' 111,1 I ;'! I <il'!~!!l I ,I
1-" . ,:' i '~': ~~!i; IU i I~
....--;7 I., I!' is: I ~ I
; 'j17.r., ":' I: 0"': i I'
,J;-1 ......, . I
:../It''l$ ~.Il .'.'. I;. I'! I
II I Irfn!. '. I" -!
1// / ! ;jh
1/ / I I "" .: ---..---
, /!..., ~.I ~ . , - !,......., li ~qJ}i
/ I i'l III ' n !l'~lllli
:~~ ~ II jll! ~ .ll
3lL-t:t' Iii t'- ! " I~ J Ii I l'~.~li
. !.- II )H'
, I >:;.:::.: I " ~ ~ ,/
'I: I II! ,,~"~. tI ,/
.. f I ./ --- II -1
< ~lJ"1/"-"-.-_n7/ I, r--T~ I
'~:t #'! I .1.' !l~ ~ tI ..-
,/.'tA I i I ll~ jiil ~!I; ) ~I ,.-';- ;;-;~::::..-
;,~* : I ~Ii l .1- j-~~:::=,.:.;'~ -_:.-- -
-.' I i ~ I ~jj~ ,- --<;':':::::'-=:-~i-~~~' ~.:. - - - ---
I ! if'; 1,--,,-. '::.>--~.:-.:..-~ - - -""-----
{-,-r if _--- ~--- -- -- \
_-,-,~.'" c-+ -f":":::': ,. -/------ qr. ill! !j'II"~l
__ _ ." ~__ ~ ~~ ~ Jf J I'"
. '. _-- . .1. Ii; ,,!'h
!~ ____--/-- ,,;\ It j; III ll.l'itl
! _/- , II IHni
~J.O I- aBed
'rIl!Q!4X3
~
> DO
~~ ~
'"
u ~
'" "
u~..
..;:g
~.,o
~~~
;;;~~~
~~t~
~Oll:;';';
<og~
>:S~Q
__...."'"'._,"__~""'-_,__...........
alOON
.....0"'
0_
ON 0
Z .0
E;e CD
Q) ~ Q)
_Q)0l
-.0'"
'" ED-
"OQ)
"u
Q)Q)
~o
~
~>-
<<';];
-, "-
~a
c:;....
"'"
\
~
...
~
::}
'0
'"
lu "
:..
() !'J
<: ~
~
0:::
~
(:)
CO> <:
''-' " '.~
t;, ---
?; 2 .< 0:::
'" '0078 1f3MOJ is
~ ---
OJ sn 731f.1 ~ ~
~ "
>I~JVEl.13S ,>;C; ~ 8
e -Co
~ e
~
Q. "
, e ~ Ct:
Q.
~ =e ~
~ " S2
0 ~
< Cl.
<>
~'Oi .2 2
~g ~ ~ ()
"'" ~
~ ~
ill ~
"' "'
. v. ,
; J--.:::
'\ lu
CJ)
"
~ ~
'- ()
,. .~ ::,
;:; ,.
- '. ....
, !Q
,- . g- ~ ... --J
... E5' ;' --- "
; I:s co
; ,-. liJ.;j " -;; ~
~ Y)'"
;:;- ; ,~. lu ~~ ~
~ , .... t-
cj ,.
, CJ
" eo U ""
<iJ ::r: p
.' U<'li:l
, <t~
,- .,-
<Sj ",,"0
\Q~a
o;><~
'i :: 000
~ '<;'0
~~"''''
.<tE-
'"' ;>< ~
Exhibit A 5~~ioi
Page 2 of 2 ~o~~
~~~i:l
~
ili
~
~
'"
~
ili
~
~
ill
~
8:
~l)f""f'!l'1'w.aOS".5\.'Ceoot!lil/g~lo.:s.!iaroll\roi.all\lI'ln->"JO':l\5Cll!l8\\lOll\~=l\"
Agenda Item No, 78
December 16;"200
Page 61 of 62
LEGAL DESCRIPTION
("SCHEDULE A" CHICAGQ'TITLE INSURANCE COMPANY. COMMITI.lENT No,
240408575, DATED 11/08/04.) .
LOT 5, AND lHE NORlH 100,00 FEET OF LOT 5, BLOCK A, BAKER CARROLL
POINT, UNIT NO, 2 AS RECORDED IN PLAT 600K 8, PAGE 52, OF lHE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOllOWS: "
BEGINNING AT lHE NORTHEAST CORNER or SAID HiT 6, RtfN SOUTH 14'49'20.
EAST 352,09 FEET ALONG THE WEST RIGHT OF WAY LINE or GULF SHORE .
DRIVE lHENCE NORTH 69'52'20" WEST 560 FEET MORE. OR LESS, TO THE MEAN
HIGH WATER LINE or lHE GtfLF OF MEXICO; THENCE .NORTHERL Y 400 FEET, ...,
MORE OR LESS, ALONG SAID MEAN HIGH WATER LINE TO THE NORTH LINE OF
SECTION 29 TOWNSHIP 48 SOUTH, RANGE 25 EAST, lHENCE SOUlH 891;2'20' .
. EAST. J65 FEET. MORE OR LESS, ALONG SAlt> SECTION lIHE TO THE WEST .
RIGHT OF WAY LINE OF STATE ROAD S-B46, THENCE SOU1!-f 14'49'20" E. 41.40.
FEET ALONG SAID WEST RIGHT OF WAY LINE: THENCE SOUlH 89'52'20" EAST,
217,29 FEET ALONG lHE SOUTH RIGHT OF WA,Y LINE OF SAID STATE ROAD TO
THE POINT OF BEGINNING. '. .
.-
PER "EXHIBIT B, SECTION 2", CHICAGO 'mLi, INSURANCE COMPANY.
COMMITMENT No, 240408575, DATED tl/OB/04., lHE PROPERTY SURVEYED
HEREON IS SUBJECT TO THE FOLLOWING MATTERS or RECORD:'
['il INDICATES EXCEPTIoN NUMBER
['5J MATTERS SHOWN ON THE PLAT OF BAKER-CARROLL POINT UNIT NO, 2, A
SUBDIVISION RECORDED IN PLAT BOOK 8.. PAGE 62, PUBLIC RECORDS OF
COlliER COUNTY, FLORIDA. (OEPICTED HEREON): . . '
('6J LICENSE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 1724, PAGE .
14, PUBLIC RECORDS OF COLLIER COtfNTY, FLORIDA. (NOT POSSIBLE TO PLOT)
['7J LICENSE AGREEMENT RECORDED IN OFflCIAL RECORDS BOOK 1724, PAGE
21, PUBLIC R~CORD5 OF COLLIER COUNTY, FLORIDA, (NOT POSSIBLE TO PLOT)
['8J LICENSE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 1724, PAGE
28, PUBLIC RECORDS OF COLliER COUNTY, FLORIDA, (NOT POSSIBLE TO PLOT)
['9J TEMPORARY BEACH R.ESTORATION EASEMENT GRANTED TO COLLIER
COUNTY BY INSTRUMENT RECOROEt> IN OFFICIAL RECOROS BOOK 2089, PAGE
1560, PUBLIC RECORDS, OF COLLIER COUNTY, FLORIDA: (NOT POSSIBLE TO
~~ . .
['10J TEMPORARY BEACH RESTORATION EASEMENT GRANTED TO COLlIER
COUNTY BY INSTRUMENT RECORDED IN OFFICIAL RECORDS' BOOK 3634, PAGE
1560, PtfBLIC RECOROS OF COLLIER COUNTY, fLORIOA, (/'lOT POSSJ8LE TO
PLOT)
('15J COASTAL CONSTRUCTION SETBACK LINE, CREATED' PURSUANT TO FLORIOA
STATUTE 16U)53, AS SHOWN IN COASTAL SET8ACl< LINE BOOK 1. PAGES I .'
THROUGH 69, PUBLIC RECOROS OF' COLLIER COUNTY, FLORIOA, (DEPICTED .
HEREON)
('t6] LEASE BETWEEN VANDERBILT BEACH ASSOCIATION, LTD, AND AMERIVEND'
CORPORATION DATED JANUARY 7, 1996 AS DISCLOSED BY THAT MEMORANDUM
OF LEASE RECORDEO IN OFFICIAl RECORDS BOOK 2390, PAGE 3197, PUBLIC.
RECORDS Of COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT)
EXHIBIT B
Agenda Item No. 7B
December 16, 2008
Page 62 of 62
CONDITIONS OF APPROVAL
V A-2006-AR-l1064
The foregoing variance petition approval is subject to the following condition:
The variances granted are limited to ",>hat is depicted and limited and more particularly
described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay
Beach Tower Conceptual Site Plan" last revised June 18,2008 and "Moraya Bay Beach
Tower Detail of Setbacks for Variance Request," last revised June 23, 2008,
Revised 7/28/08
EXHIBIT C