HEX Agenda 10/28/2021Collier County Hearing Examiner Page 1 Printed 10/20/2021
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
October 28, 2021
9: 00 AM
Andrew W. J. Dickman, Esq., AICP
Hearing Examiner
Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing
Examiner. Persons Wishing to have written or graphic materials included in the hearing report
packets must have that material submitted to County staff at Thomas.Clarke@CollierCountyFL.gov
10 days prior to the Hearing. All materials used during presentation at the hearing will become a
permanent part of the record.
Any person who decides to appeal a decision of the Hearing Examiner will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County
Commissioners.
Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public
comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days.
Persons wishing to receive a copy of the decision by mail may supply County staff with their name,
address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an
electronic copy of the decision may supply their email address.
October 2021
Collier County Hearing Examiner Page 2 Printed 10/20/2021
1. Pledge of Allegiance
2. Review of Agenda
3. Advertised Public Hearing
A. PETITION NO. VA-PL20200000998 – Request for variances associated with post-
hurricane reconstruction of Walker’s Coon Key Marina, specifically for four variances
from dimensional requirements of Section 4.02.01 of the Land Development Code for the
General Commercial (C-4) Zoning District: [a] from the required building separation of 40
feet between the existing Ship Store Building and existing Boat Storage Building #2 to allow
separation of 15 feet; [b] from the required building separation of 59 feet between the
existing Boat Storage Building #2 and existing Boat Storage Building #3 to allow separation
of 34 feet; [c] from the required separation of 59 feet for existing Boat Storage Building #3
and proposed reconstruction of Boat Storage Building #4 to allow separation of 50 feet; and
[d] variance from the required side setback of 25 feet to allow a side setback of 6 feet for
proposed reconstruction of Boat Storage Building #4. The request is for property located at
604 Palm Avenue in Goodland in Section 18, Township 52 South, Range 27 East, Collier
County, Florida. [Coordinator: Ray Bellows, AICP, Zoning Manager] Commissioner
District 1
B. PETITION NO. DR-PL20180002114 – Request for approval of a site plan with deviations
pursuant to LDC Section 10.02.03.F with eight total deviations, including one deviation
from LDC Section 4.06.02.C.1 to remove the 10 foot wide Type A buffer along the western
property line due to existing rip-rap and docks, three deviations from LDC Section
4.06.02.C.2, to reduce the 15-foot Type B buffer and reduce the number of plantings along
the eastern property line, and to reduce the plantings along the northern property line;
three deviations from LDC Sections 4.06.03.B, to allow trees to be more than 50 feet from
the parking stall, allow trees required in parking islands to be located elsewhere on the site,
and allow no terminal landscape islands at the ends of some rows of parking; and one
deviation from LDC Section 4.06.05.C.1 to reduce the foundation plantings for Building 1 to
one façade; for the redevelopment of the Walker’s Coon Key Marina consisting of 1.68±
acres, located at 604 Palm Avenue in Goodland in Section 18, Township 52 South, Range 27
East, Collier County, Florida. [Coordinator: Ray Bellows, AICP, Zoning Manager]
Commissioner District 1
October 2021
Collier County Hearing Examiner Page 3 Printed 10/20/2021
C. PETITION NO. DR-PL20210001068, Petitioners, Yaima and Roylan Reyes, request
approval of a site plan with deviations pursuant to LDC Section 4.02.26.E and seek two
deviations, one deviation from LDC Section 4.02.26.B.16.a, which requires parking lots to
be located to the sides or rear of buildings, to allow for an extension of the current parking
lot to the front of the building and playground to the back; one deviation from LDC Section
4.02.26.B.8.a, which requires a minimum five-foot-wide planting strip with shrubs and trees
to be provided along the perimeter of any lot line for a non-residential use adjacent to lands
outside the Golden Gate Parkway Overlay District (GGPOD) and zoned for single-family
residential dwellings, to allow for no planting strip along a portion of the northern property
line where an existing fence and playground area have been permitted and constructed for
the redevelopment of a child daycare center consisting of 0.76± acres, also described as
5269/5275 Golden Gate Parkway, located on the northern side of Golden Gate Parkway,
approximately 1,700 feet east of Santa Barbara Boulevard, in Section 28, Township 49
South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal
Planner] Commission District 3
D. PETITION NO. PDI - PL20200002125 Germain Toyota - Request for insubstantial change
to the Germain Toyota Commercial Planned Unit Development (CPUD), Ordinance
Number 08-60, to add a deviation from LDC Section 5.06.04.F.4 to increase the number of
on-premises signs from one sign to two signs, with the additional sign not exceeding 150
square feet. The subject property is approximately 13.1 acres located at 13327 and 13315
Tamiami Trail North, approximately 1,000 feet south of Wiggins Pass Road, in Section 16,
Township 48 South, Range 25 East, Collier County, Florida. . [Coordinator: Ray Bellows,
AICP, Zoning Manager] Commission District 2
E. PETITION NO. VA-PL20210000098 - Request for a variance from Section 5.03.06.E.5 of
the Land Development Code to reduce the required side yard/riparian setback for dock
facilities on lots with water frontage of 60 feet or greater from 15 feet to 5 feet for a lot with
113± feet of water frontage located within the residential component of the Lely Barefoot
Beach Planned Unit Development, Ordinance No. 77-48, as amended, at 219 Malibu Cove
and further described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48
South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner]
Commission District 2
F. PETITION NO. BDE-PL20210000039 - Request for a 43-foot boat dock extension over the
maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County
Land Development Code for waterways greater than 100 feet in width, for a total
protrusion of 63 feet into a waterway that is 325± feet wide, to accommodate a new docking
facility with two boat lifts, one for a 43-foot vessel and the other to be decked over to be
used for kayak and paddleboard access, for property located at 219 Malibu Cove and
further described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South,
Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner]
Commission District 2
G. PETITION NO. VA PL20190001162 - Request for after-the-fact variances to allow a pool
that encroaches 4.35 feet and spa that encroaches 1.45 feet into the required 30-foot western
side yard setback; and to allow an accessory garage that encroaches 22.4 feet into the
required 75-foot rear yard setback; and to allow the carport encroaching 6.45 feet into the
required 30-foot eastern side yard setback; and to allow the home encroaching 0.1 foot into
the required 30-foot western side yard setback as provided for in Land Development Code
Section 4.02.01 for the Estates (E) zoning district. The subject property is 2035 Golden
Gate Boulevard West, in Section 6, Township 49 South, Range 27 East, Collier County,
Florida. [Coordinator: Ray Bellows, AICP, Zoning Manager] Commissioner District 5
October 2021
Collier County Hearing Examiner Page 4 Printed 10/20/2021
4. Other Business
5. Public Comments
6. Adjourn
10/28/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Item Summary: PETITION NO. VA-PL20200000998 – Request for variances associated with
post-hurricane reconstruction of Walker’s Coon Key Marina, specifically for four variances from
dimensional requirements of Section 4.02.01 of the Land Development Code for the General Commercial
(C-4) Zoning District: [a] from the required building separation of 40 feet between the existing Ship Store
Building and existing Boat Storage Building #2 to allow separation of 15 feet; [b] from the required
building separation of 59 feet between the existing Boat Storage Building #2 and existing Boat Storage
Building #3 to allow separation of 34 feet; [c] from the required separation of 59 feet for existing Boat
Storage Building #3 and proposed reconstruction of Boat Storage Building #4 to allow separation of 50
feet; and [d] variance from the required side setback of 25 feet to allow a side setback of 6 feet for
proposed reconstruction of Boat Storage Building #4. The request is for property located at 604 Palm
Avenue in Goodland in Section 18, Township 52 South, Range 27 East, Collier County, Florida.
[Coordinator: Ray Bellows, AICP, Zoning Manager] Commissioner District 1
Meeting Date: 10/28/2021
Prepared by:
Title: – Zoning
Name: Laura DeJohn
10/13/2021 11:28 AM
Submitted by:
Title: – Zoning
Name: Mike Bosi
10/13/2021 11:28 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 10/13/2021 8:56 PM
Zoning Mike Bosi Zoning Director Review Completed 10/14/2021 8:14 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/18/2021 10:08 PM
Zoning Ray Bellows Review Item Completed 10/19/2021 5:44 PM
Zoning Mike Bosi Review Item Skipped 10/14/2021 8:15 AM
Hearing Examiner Andrew Dickman Meeting Pending 10/28/2021 9:00 AM
3.A
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VA-PL20200000998; WALKER’S COON KEY MARINA VARIANCE Page 1 of 9
October 20, 2021
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 28, 2021
SUBJECT: VA-PL20200000998; WALKER’S COON KEY MARINA VARIANCE
Companion to DR-PL20180002114; SITE PLAN W/ DEVIATIONS-
REDEVELOPMENT WALKER’S COON KEY MARINA
_____________________________________________________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner/Applicant: Agent:
W R Real Estate LLP Gina Green, P.E.
785 Bald Eagle Dr. Gina R. Green, P.A.
Marco Island, FL 34145 3310 1st Avenue NW
Naples, FL 34120
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider an application for variances
associated with post-hurricane reconstruction of Walker’s Coon Key Marina, specifically for four
variances from dimensional requirements of Section 4.02.01 of the Land Development Code for
the General Commercial (C-4) Zoning District: [a] from the required building separation of 40 feet
between the existing Ship Store Building and existing Boat Storage Building #2 to allow
separation of 15 feet; [b] from the required building separation of 59 feet between the existing
Boat Storage Building #2 and existing Boat Storage Building #3 to allow separation of 34 feet; [c]
from the required separation of 59 feet for existing Boat Storage Building #3 and proposed
reconstruction of Boat Storage Building #4 to allow separation of 50 feet; and [d] variance from
the required side setback of 25 feet to allow a side setback of 6 feet for proposed reconstruction of
Boat Storage Building #4.
GEOGRAPHIC LOCATION:
The subject site consists of 1.68± acres located at 604 Palm Avenue in Goodland in Section 18,
Township 52 South, Range 27 East, Collier County, Florida (see location map, page 2).
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3.A.aPacket Pg. 7Attachment: 10-12-2021-Staff Report Walker-Coon-Key-Marina-VA (20341 : PL20200000998 VA Walker's
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October 20, 2021
PURPOSE/DESCRIPTION OF PROJECT:
Walker’s Coon Key Marina is an existing marina on 1.68+ acres located at 604 Palm Avenue on
the south side of Goodland. The site is in the Mixed-Use District/Urban Coastal Fringe
Subdistrict on the Future Land Use Map and is zoned C-4 (General Commercial) with Goodland
Zoning Overlay (GZO). The site is on a peninsula with water on three sides and a neighboring
residential condominium on the eastern side.
The property was developed per an approved Site Development Plan (SDP Number 89-159)
displayed below (also provided in Attachment C). This SDP included dry boat storage buildings
identified as Buildings #2, #3, and #4, wet slips, and a restaurant, now the ships store (identified
as Building #1) with parking. At the time, marinas were permitted in the C-4 zoning district; the
side yard requirement was none, or five feet with unobstructed passage from front to rear yard;
and waterfront setbacks were none for marinas. See Attachment B for Land Development Code
applicable standards per Ordinance 82-2.
SDP 89-159
Buildings on the site suffered damage by Hurricane Wilma in 2005 and Hurricane Irma in 2017.
Bldg.
#1
Bldg.
#2
Bldg.
#3 Bldg.
#4
Bldg.
#4
addition
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Post-hurricane reconstruction has included demolition and reconstruction of the ships store
(Building #1), parking, and boat storage Buildings #2 and #3, authorized under SDPA-2008-AR-
13409, with additional work authorized via SDPI-PL2009002522 and SDPI-PL20180002423.
See Attachment C for the SDP documents. A companion Site Plan with Deviations for
Redevelopment request (PL20180002114) seeks relief from current landscaping standards
because the passing of time has rendered site features and landscaping conditions
nonconforming.
As part of the reconstruction efforts, buildings were reconstructed consistent with the building
placement and footprints as originally approved by SDP 89-159. Boat storage Buildings #2 and
#3 were built back taller than originally constructed due to the current boat storage market for
larger boats with fixed canopies that cannot be retracted or folded for storage. Thus, the boat
storage racks require greater vertical separation to store the same number of boats. Building #2
and Building #3 were permitted (Building Permits PRBD2018042749201 and
PRBD2018042749701) and constructed at heights of 59 feet. The taller buildings meet the
current applicable maximum height of 75 feet in the C-4 zoning district, but the separation of
structures does not comply with the requirement of one-half the sum of the building heights.
The petitioner requests three variances for the substandard building separation that is existing
between Building #1 (ships store) and Building #2; existing between Building #2 and Building
#3; and proposed between Building #3 and proposed reconstruction of Building #4.
Reconstruction of Building #4 and addition to Building #4 is proposed in the location approved
by original SDP Number 89-159. This results in a six-foot setback, which was allowable per
applicable standards in 1989, from the east property line adjacent to the residential
condominiums Coon Key Pass Fishing Village. The petitioner intends to reconstruct the boat
storage at a height if 59 feet, taller than the original building height. Boat Storage Building #4
stored 62 boats in its original configuration and the new building is proposed to store 60 boats.
A variance is sought to allow this reconstruction with a substandard side yard setback of six feet
where the current LDC requires 25 feet. The petitioner states the encroachment is necessary to
maintain the 50-foot separation from Boat Storage Building #3 for the maneuverability of the
forklift used to transport the boats from the building to the dock for use by the customers.
Variance
Request
Subject of request
Dimensional requirement per
LDC 4.02.01 (C-4)
Requested dimension
a
Building separation
Building #1 – #2
The greater of ½ the sum of
building heights or 15’
21’ + 59’ = 80’ / 2 = min. 45’
15’
(existing)
b
Building separation
Building #2 – #3
The greater of ½ the sum of
building heights or 15’
59’ + 59’ = 118’ / 2 = min. 59’
34’
(existing)
c
Building separation
Building #3 - #4
The greater of ½ the sum of
building heights or 15’
59’ + 59’ = 118’ / 2 = min. 59’
50’
(Building #4 not yet
constructed)
d
Side yard setback
Building #4
25’
6’
(Building #4 not yet
constructed)
3.A.a
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October 20, 2021
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property, which is an existing marina zoned C-4 with
Goodland Zoning Overlay (C-4/GZO):
North: Waterway beyond which is single-family residential, zoned Village Residential
with Goodland Overlay (VR/GZO)
South: Waterway zoned Conservation with Area of Critical State Concern Special
Treatment Overlay (CON- ACSC/ST)
East: Coon Key Pass Fishing Village Condo residences, zoned C-4 with Goodland
Overlay (C-4/GZO)
West: Waterway beyond which is Goodland Boat Park recreational facility, zoned
Village Residential with Goodland Overlay (VR/GZO) and Conditional Use
approval
STAFF ANALYSIS:
The decision to grant a Variance is based on the criteria in LDC Section 9.04.03. The applicant
has provided their responses to the criteria, which is provided in italics, followed by the Zoning
Division’s assessment.
Subject Site
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a. Are there special conditions and circumstances existing, which are peculiar to the
location, size, and characteristics of the land, structure or building involved?
The site was permitted and developed under the January 1982 LDC standards. The
development standards for this zoning district were less restrictive in that version of the LDC
compared to the current LDC. The existing side setback of 6 feet needs to be maintained for
the functional aspect of the site. The 50 feet between the storage buildings is at a minimum
for maneuverability of the forklift to launch the boats into the water. Any reduction to this
area will deem it non‐ functional. The 1982 LDC required a minimum 15’ separation
between structures with no correlation to the height of the building.
Staff agrees that special circumstances apply to the site in that is has existed as a marina
since the 1980s. Boat storage Buildings #2 and #3 have been reconstructed in a taller
condition resulting in substandard separation between buildings. The proposed
reconstruction of Building #4 would comply with separation standards if the height of the
Building #4 addition is reduced to 41 feet, or if the footprint of the Building #4 addition is
reduced by 9 feet to achieve a separation of 59 feet from Building #3.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which are the
subject of the Variance request?
The storage buildings on the site were destroyed by Hurricanes Wilma and Irma. The
building is proposed to be located in the same location as the previous building.
Staff agrees that natural disasters impacted the property beyond the applicant’s control, and
the pre-existing and permitted footprint of Building #4 within 6 feet of the eastern property
line was a pre-existing condition. However, the reconstruction of buildings taller than
previously constructed yielding a substandard budling separation is within the applicant’s
control.
c. Will a literal interpretation of the provisions of this zoning code work an unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
A literal interpretation will create a monetary hardship on the applicant if the building
cannot be constructed as proposed. The number of boats stored would be greatly reduced
which would make the site monetarily infeasible. Maintaining a 25-foot setback on the
easterly property line will create a practical hardship for the forklift to maneuver the boats
from the buildings to the water for launch.
Staff does recognize that applying a 25-foot setback along the eastern property line causes
hardship and practical difficulties for the applicant given that the six-foot setback along the
eastern property was a pre-existing condition and the passage of time and changes to the
Land Development Code have rendered the six-foot setback nonconforming. Also, the
requirement to meet the current applicable building separation standards for the existing
buildings (Buildings #1, 2, and 3) would be a significant impact to the applicant. However,
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the reconstruction of buildings taller than previously constructed yielding a substandard
budling separation is within the applicant’s control and the proposed reconstruction of
Building #4 would comply with separation standards if the height of the Building #4
addition is reduced to 41 feet, or if the footprint of the Building #4 addition is reduced by 9
feet to achieve a separation of 59 feet from Building #3.
d. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety, and welfare?
If this variance is granted, it is the minimum variance needed to maintain the functional use
of the land. Any side setback greater than 6 feet will render the site unusable for this boat
storage use and make the business financially infeasible.
Staff agrees that the variance if granted will be the minimum required to allow for the site to
function considering the existing buildings. The proposed reconstruction of Building #4
would comply with separation standards if the height of the Building #4 addition is reduced
to 41 feet, or if the footprint of the Building #4 addition is reduced by 9 feet to achi eve a
separation of 59 feet from Building #3.
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?
The need for this variance was created by a natural disaster (Hurricanes Wilma & Irma) that
render this site and business destroyed. Granting this variance will allow this site to be
reconstructed and operate as it did before the natural disaster. The County Commissioners
allow for this type of relief to all business that are destroyed or damaged by natural
disasters. Therefore, the granting will not confer any special privileges.
The granting of the variance does convey a unique privilege upon the property, but based
upon the circumstances of two natural disasters, in combination of the changing of
applicable development standards of the LDC, staff finds granting of the variance to
accommodate pre-existing conditions as justifiable. However, the proposed reconstruction
of Building #4 would not require a variance from separation standards if the height of the
Building #4 addition is reduced to 41 feet, or if the footprint of the Building #4 addition is
reduced by 9 feet to achieve a separation of 59 feet from Building #3.
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?
The need for boat storage facilities are a necessity in Collier County. The County is deficient
in marina and storage facilities compared to the demands for boat storage. This facility has
been a storage facility for over 30 years and this community has relied upon its existence. It
is harmonious with the intent of this code as this is a commercially zoned property. The
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buildings are separated from Residentially zoned properties by waterways that provide
access to this facility and the residential lots. It is not injurious to the neighborhood or the
public welfare. It provides a needed recreational element to allow people to access and
enjoy our coastal waters without the inconvenience of driving long distances to other marina
facilities located in the County.
Granting of the variance for the six-foot setback along the eastern property is in recognition
that this setback was a pre-existing condition and the passage of time and changes to the
Land Development Code have rendered the six-foot setback nonconforming. Granting of
this variance is in harmony with the intent and purpose of LDC provisions allowing relief for
redevelopment in such circumstances. The LDC does not recognize height as a circumstance
for which relief by deviation can be granted. The building back of the boat storage buildings
taller than they previously existed can be considered impactful to neighboring views. The
taller buildings however comply with the current LDC standards establishing maximum
height of 75 feet in the C-4 zoning district; yet the taller buildings render the site
noncompliant with applicable building separation standards. The proposed reconstruction of
Building #4 would comply with separation standards if the height of the Building #4 addition
is reduced to 41 feet, or if the footprint of the Building #4 addition is reduced by 9 feet to
achieve a separation of 59 feet from Building #3.
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.?
Other than the easterly property line, this facility is separated from other development by
waterways that allow for water access to this property and those properties on t he opposite
banks.
The property’s location at the end of a peninsula with water on three sides is a unique
condition, however the objectives of regulations that are subject to requested variances
(building separation and setback) are not ameliorated by these physical characteristics.
h. Will granting the Variance be consistent with the GMP?
Since the use of this land as a Marina and Storage facility is an existing use, the grantin g of
the variance is consistent with the Growth Management Plan.
The GMP is silent to the issuance of a variance application and therefore the granting of the
variance will not be inconsistent with the GMP.
SUMMARY FINDINGS:
The subject site has unique circumstances: development was approved by original site
development plan in 1990, two natural disasters have impacted the site, and applicable
development standards of the LDC have changed over time. Reconstruction of the property as it
existed before the natural disasters is allowable, and this has been underway. The applicant puts
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October 20, 2021
forth that reconstruction of the buildings in a taller condition is demanded by the changes in
market conditions and modern product designs, which is an inevitable reality over a 40+ year
timeframe. The nonconforming side yard setback of six feet is a pre-existing condition that has
been rendered nonconforming by the passing of time, and the LDC affords the applicant the
ability to redevelop with the pre-existing condition of the six-foot side yard setback. The taller
building heights are allowable per the currently effective maximum building height in the LDC,
yet not at heights that render the resulting building separation substandard.
Staff can support that variances are warranted for the six-foot side yard setback that were
approved in accordance with standards that pre-date the current standard, and for the buildings
that have been constructed at substandard separations; however, the proposed reconstruction of
Building #4 at a height that yields a substandard separation, exacerbating the nonconforming
conditions on the site is not warranted. Therefore, staff recommends denial of variance request
[c] from the required separation of 59 feet for existing Boat Storage Building #3 and proposed
reconstruction of Boat Storage Building #4. The applicant would comply with separation
standards if the height of the Building #4 addition is reduced to 41 feet, or if the footprint of the
Building #4 addition is reduced by 9 feet to achieve a separation of 59 feet from Building #3.
PUBLIC NOTICE:
The applicant sent a notification letter dated July 29, 2021, to property owners within 150 feet of
the subject site. The notice letter mailing included the Goodland Civic Association, Inc.
Notice about the October 28, 2021, Hearing Examiner hearing was provided by newspaper
advertisement, mailed notice to owners within 500 feet of the site, and posting of a public notice
sign on the site at least 15 days prior to the hearing.
RECOMMENDATION:
Staff recommends that the Hearing Examiner (HEX) approve three of the four requested
variances and deny variance request [c] from the required separation of 59 feet for existing Boat
Storage Building #3 and proposed reconstruction of Boat Storage Building #4.
Attachments:
A) Variance Site Plan
B) Ordinance 82-2 (1982 LDC excerpts)
C) SDPA to 2008-AR-13409, SDPI-09-2522, SDPI-18-2423 dated 8/26/19;
SDPA-2008-AR-13409 dated 6/22/09; SDP-89-159 dated 1/28/90
D) Survey
E) Applicant’s Backup Material
3.A.a
Packet Pg. 14 Attachment: 10-12-2021-Staff Report Walker-Coon-Key-Marina-VA (20341 : PL20200000998 VA Walker's Coon Key Marina)
3.A.b
Packet Pg. 15 Attachment: ATTACHMENT A - Variance Site Plan (20341 : PL20200000998 VA Walker's Coon Key Marina)
3.A.c
Packet Pg. 16 Attachment: Attachment B - Ord 82-2 1982 LDC Code (20341 : PL20200000998 VA Walker's Coon Key Marina)
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3.A.dPacket Pg. 23Attachment: Attachment C SDPA documents (20341 : PL20200000998 VA Walker's Coon Key Marina)
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10/28/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.B
Item Summary: PETITION NO. DR-PL20180002114 – Request for approval of a site plan with
deviations pursuant to LDC Section 10.02.03.F with eight total deviations, including one deviation from
LDC Section 4.06.02.C.1 to remove the 10 foot wide Type A buffer along the western property line due
to existing rip-rap and docks, three deviations from LDC Section 4.06.02.C.2, to reduce the 15-foot Type
B buffer and reduce the number of plantings along the eastern property line, and to reduce the plantings
along the northern property line; three deviations from LDC Sections 4.06.03.B, to allow trees to be more
than 50 feet from the parking stall, allow trees required in parking islands to be located else where on the
site, and allow no terminal landscape islands at the ends of some rows of parking; and one deviation from
LDC Section 4.06.05.C.1 to reduce the foundation plantings for Building 1 to one façade; for the
redevelopment of the Walker’s Coon Key Marina consisting of 1.68± acres, located at 604 Palm Avenue
in Goodland in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator:
Ray Bellows, AICP, Zoning Manager] Commissioner District 1
Meeting Date: 10/28/2021
Prepared by:
Title: – Zoning
Name: Laura DeJohn
10/12/2021 5:54 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
10/12/2021 5:54 PM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 10/13/2021 8:37 AM
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 10/14/2021 2:20 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/18/2021 10:10 PM
Zoning Ray Bellows Review Item Completed 10/19/2021 5:44 PM
Zoning Diane Lynch Review Item Skipped 10/18/2021 10:10 PM
Hearing Examiner Andrew Dickman Meeting Pending 10/28/2021 9:00 AM
3.B
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DR-PL20180002114; Walker’s Coon Key Marina Page 1 of 12
Revised: October 12, 2021
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 28, 2021
SUBJECT: DR-PL20180002114; SITE PLAN W/ DEVIATIONS-REDEVELOPMENT
WALKER’S COON KEY MARINA
Companion to VA-PL20200000998; WALKER’S COON KEY MARINA
VARIANCE
_____________________________________________________________________________________________________________________
PROPERTY OWNERS/APPLICANT/AGENT:
Owner/Applicant: Agent:
WR Real Estate LLP
785 Bald Eagle Drive
Marco Island, FL 34145
Gina R. Green, P.E.
Gina R. Green, P.A.
3310 1st Avenue NW
Naples, FL 34120
REQUESTED ACTION:
The applicant requests that the Hearing Examiner consider an application for approval of a site
plan with deviations pursuant to LDC Section 10.02.03.F with eight total deviations, including:
one deviation from LDC Section 4.06.02.C.1 to remove the 10-foot wide Type A buffer along the
western property line due to existing rip-rap and docks; three deviations from LDC Section
4.06.02.C.2, to reduce the 15-foot Type B buffer and reduce the number of plantings along the
eastern property line, and to reduce the plantings along the northern property line; three deviations
from LDC Sections 4.06.03.B, to allow trees to be more than 50 feet from the parking stall, allow
trees required in parking islands to be located elsewhere on the site, and allow no terminal
landscape islands at the ends of some rows of parking; and one deviation from LDC Section
4.06.05.C.1 to reduce the foundation plantings for Building 1 to one façade; for the redevelopment
of the Walker’s Coon Key Marina.
GEOGRAPHIC LOCATION:
The subject site consists of 1.68± acres located at 604 Palm Avenue in Goodland in Section 18,
Township 52 South, Range 27 East, Collier County, Florida (see location map, page 2).
3.B.a
Packet Pg. 159 Attachment: 10-12-21 - DR - Walkers Coon Key Staff Report (20340 : PL20180002114 DR Walker's Coon Key Marina)
DR-PL20180002114; Walker’s Coon Key Marina Page 2 of 12
Revised: October 12, 2021
3.B.aPacket Pg. 160Attachment: 10-12-21 - DR - Walkers Coon Key Staff Report (20340 : PL20180002114 DR Walker's Coon
DR-PL20180002114; Walker’s Coon Key Marina Page 3 of 12
Revised: October 12, 2021
PURPOSE/DESCRIPTION OF PROJECT:
Walker’s Coon Key Marina is an existing marina on 1.68+ acres located at 604 Palm Avenue on
the south side of Goodland. The site is in the Mixed-Use District/Urban Coastal Fringe Subdistrict
on the Future Land Use Map and is zoned C-4 (General Commercial) with Goodland Zoning
Overlay (GZO). The site is on a peninsula with water on three sides and a neighboring residential
condominium on the eastern side.
Permitting records for the property date back to 1971. Site development permitting was originally
processed under Site Development Plan (SDP) Number 89-159. This SDP included dry boat
storage buildings identified as Buildings #2, #3, and #4, wet slips, and a restaurant, now the ships
store (identified as Building #1) with parking. At the time, marinas were permitted in the C-4
zoning district; the side yard requirement was none, or five feet with unobstructed passage from
front to rear yard; and waterfront setbacks were none for marinas. Landscaping standards were
applicable to vehicular use areas, and a landscape buffer was required adjacent to the residential
condominium which were built in 1983. The buffer requirement at the time was a 10-foot-wide
buffer planted to be 80% opaque between 3 and 8 feet in height, or a buffer of 5 feet wide with a
six-foot-high opaque structure was allowed as a substitute. Below is the plan from SDP 89-159,
also provided in Attachment D.
SDP 89-159
Bldg.
#1
Bldg.
#2
Bldg.
#3 Bldg.
#4
Bldg.
#4
addition
3.B.a
Packet Pg. 161 Attachment: 10-12-21 - DR - Walkers Coon Key Staff Report (20340 : PL20180002114 DR Walker's Coon Key Marina)
DR-PL20180002114; Walker’s Coon Key Marina Page 4 of 12
Revised: October 12, 2021
Following Hurricane Wilma in 2005, redevelopment of this site including demolition and
reconstruction of the ships store (Building #1), parking, and boat storage Buildings #2 and #3, was
authorized under SDPA-2008-AR-13409. Additional work occurred via SDPI-PL2009002522.
Following Hurricane Irma (2017), improvements were permitted under SDPI-PL20180002423.
See Attachment D for the SDP documents. The referenced reconstruction efforts did not include
boat storage Building #4. As a separate matter, a companion application has been submitted by
the applicant (PL20200000998) for Variances from dimensional requirements associated with
reconstruction of the Buildings #1, 2, and 3 and proposed reconstruction of Building #4.
Through the Site Plan with Deviations process, a means is provided for a redevelopment project
to seek dimensional deviations, excluding height, architectural deviations, and deviations from site
features, such as but not limited to, landscaping, parking, and buffers, from the standards
established in the LDC when the passing of time has rendered certain existing buildings, structures
or site features nonconforming.
The post-hurricane reconstruction activity has resulted in new parking, landscaping, and water
management, rebuilding of the ships store (Building #1) and rebuilding of Buildings #2 and #3.
There is a reduction in the total number of boats stored in the new buildings from 130 spaces to
122 spaces. There is no increase to the impervious area of the site. All existing improvements will
remain as constructed.
The following eight deviations are requested for the redevelopment of the subject site that has
occurred, to address landscaping conditions that do not meet the current applicable LDC standards:
1A. (Eastern buffer width) Deviation from LDC Section 4.06.02.C.2, to reduce the 15-foot Type
“B” buffer along the eastern property line
1B. (Buffer along access road) Deviation from LDC Section 4.06.02.C.2, to reduce the 15-foot
Type “B” buffer along the west edge and east edge of the access road
2. (Eastern buffer plantings) Deviation from LDC Section 4.06.02.C.2, to reduce the number of
plantings along the eastern property line
3. (Parking lot trees) Deviation from LDC Section 4.06.03.B, to allow trees required in parking
islands to be located elsewhere on the site
4. (Parking lot trees) Deviation from LDC Section 4.06.03.B, to allow trees to be more than 50
feet from the parking stall
5. (Parking lot trees) Deviation from LDC Section 4.06.03.B, to allow no terminal landscape
islands at the ends of some rows of parking
6. (Vehicular use area landscaping) Deviation from LDC Section 4.06.03.B. to allow reduced
interior landscaping areas
7. (Building foundation plantings) Deviation from LDC Section 4.06.05.C.1 to reduce the
foundation plantings for Building #1 to one façade
3.B.a
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SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property, which is an existing marina zoned C-4 with
Goodland Zoning Overlay (C-4/GZO):
North: Waterway beyond which is single-family residential, zoned Village Residential
with Goodland Overlay (VR/GZO)
South: Waterway zoned Conservation with Area of Critical State Concern Special
Treatment Overlay (CON- ACSC/ST)
East: Coon Key Pass Fishing Village Condo residences, zoned C-4 with Goodland
Overlay (C-4/GZO)
West: Waterway beyond which is Goodland Boat Park recreational facility, zoned
Village Residential with Goodland Overlay (VR/GZO) and Conditional Use
approval
DEVIATIONS ANALYSIS:
The petitioner is seeking eight (8) deviations from the requirements of the Land Development
Code (LDC). The requested deviations are listed here with the staff analysis and recommendation.
Deviation 1A seeks relief from Section 4.06.02.C.2 of the LDC, which requires a 15-foot-wide
Type “B” Landscape Buffer, to instead reduce it to a 6-foot-wide Type “B” Landscape Buffer
between the Boat Storage Building (Building #4) and the eastern property line.
Subject Site
3.B.a
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Petitioner’s Justification: The Walker Marina was developed subject to Collier County
Ordinance 82-2; Section 8.37.a, which required a 10-foot landscape buffer adjacent to
residential use. The original approval documentation is SDP-89-159 and SDP-2008-
13409. The SDP documents show that Boat Storage Building #4 was approved with a 6-
foot-wide landscape buffer. The applicant’s justification is that changes in the LDC over
time and previous SDP approvals would allow them to re-construct proposed buildings in
their previously approved locations.
The previous structures were destroyed by Hurricanes Wilma and Irma. The proposed
eastern side yard buffer consists of an existing Areca palm hedge that straddles the
property line and it continue to provide the 80% opacity screening required by the LDC.
A combination of Green Buttonwood trees and shrubs are proposed to infill the section of
missing Arecas to satisfy the 80% opacity within one year.
Staff Analysis and Recommendation: Landscaping, Environmental, and Engineering
Stormwater staff have evaluated the proposed deviation to the site plan and found no issue
with consistency provided the applicant maintains vegetation that is equivalent to Type
“B” planting requirements with effective screening that is 80% opaque up to six feet in
height. Zoning and Development Review staff recommends APPROVAL of this
deviation on condition that the applicant maintains vegetation that is equivalent to Type
“B” planting requirements with effective screening that is 80% opaque at least six feet in
height.
Deviation 1B seeks relief from Section 4.06.02.C.2 of the LDC, which requires a 15-foot-wide
Type “B” Landscape Buffer, to instead allow for no buffer to the North where the access road is
contiguous with the Eastern property line and no buffer along the West edge of the access road
where it is adjacent to the waterway.
Petitioner’s Justification: The Walker Marina was developed subject to Collier County
Ordinance 82-2. The original approval documentation is SDP-89-159 and SDP-2008-
13409. The applicant’s justification is that changes in the LDC over time and previous
SDP approvals would allow them to re-construct proposed buildings in their previously
approved locations.
The previous structures were destroyed by Hurricanes Wilma and Irma. The proposed
side yard buffer consists of an existing Areca palm hedge that straddles the property line
and it continue to provide the 80% opacity screening required by the LDC. A combination
of Green Buttonwood trees and shrubs are proposed to infill the section of missing Arecas
to satisfy the 80% opacity within one year.
Staff Analysis and Recommendation: Landscaping, Environmental, and Engineering
Stormwater staff have evaluated the proposed deviation to the site plan and found no
detrimental effect if this deviation request is approved to maintain the 25-foot-wide access
road without installing the currently required buffers in the area along the access road
where the property has a pre-existing constrained condition. Zoning and Development
Review staff recommends APPROVAL of this deviation.
3.B.a
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Deviation 2 seeks relief from Section 4.06.02 C.2. of the LDC which requires trees spaced no
more than 25 feet on center, to instead permit varying spacing due to existing site restrictions along
the eastern property line. There will be a minimum of ten trees and six ten-gallon shrubs. If gaps
in the areca buffer occur in the future, trees, and shrubs to meet the Type “B” buffer planting
requirement are to be planted to fill the gaps and provide 80% opacity within one year of planting.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.37.a, which required a 10-foot landscape buffer. However, the
LDC did not have spacing requirements for plantings. The original approval
documentation is SDP-89-159 and SDP-2008-13409. The SDP documents have limited
detail related to landscaping, but the Areca Palm hedge is existing. The applicant’s
justification is that changes in the LDC over time and previous SDP approvals would allow
them to use the existing hedge, which is non-native. All other required plantings for opacity
would be 100% native.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation
request is approved. Landscaping, Environmental, and Engineering Stormwater staff have
evaluated the proposed deviation to the site plan and found no issue with consistency.
Therefore, Zoning and Development Review staff recommends APPROVAL of this
deviation on condition that there will be a minimum of ten trees and six ten-gallon shrubs,
and if gaps in the areca buffer occur in the future, trees, and shrubs to meet the Type “B”
buffer planting requirement are to be planted to fill the gaps and provide 80% opacity at
least six feet in height within one year of planting.
Deviation 3 seeks relief from Section 4.06.03 B.3. of the LDC which requires a terminal island
with a tree at the end of a row of parking, to instead allow some required terminal island trees to
be located elsewhere on site where site conditions and marina use operations have prevented the
creation of a terminal island. The relocated terminal island trees will be located as shown on the
Deviation Site Plan.
Petitioners Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30.e, which did not have specific requirements for vehicular
areas. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents do not show vehicular landscaping details. The applicant’s justification is
that changes in the LDC over time and previous SDP approvals would allow them to re-
construct parking areas in their previously approved configuration. To permit greater
maneuvering space and flexibility for large equipment to access the boat storage area, the
two existing parking islands that flank the entrance to the boat storage area were identified
with paint rather than planting islands.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation
request is approved. Landscaping, Environmental, and Engineering Stormwater staff have
evaluated the proposed deviation to the site plan and found no issue with consistency.
Because the required terminal island trees are being relocated onsite, the deviation is
justified as meeting public purposes to a degree at least equivalent to literal application of
3.B.a
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regulations per LDC section 10.02.13.B.5.h. Therefore, Zoning and Development Review
staff recommends APPROVAL of this deviation.
Deviation 4 seeks relief from Section 4.06.03 B.2. of the LDC which requires a tree no farther
than 50 feet from a parking stall, to instead allow some required trees to be more than 50 feet from
a parking stall due to site conditions and turning radii of equipment integral with the marina
operation.
Petitioners Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30.e, which did not have specific requirements for vehicular
areas. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents show that Boat Storage Building 4 was approved with a 6-foot setback.
The applicant’s justification is that changes in the LDC over time and previous SDP
approvals would allow them to re-construct parking areas in their previously approved
configuration. To permit greater maneuvering space and flexibility for large equipment to
access the boat storage area, trees would be located farther than 50 feet from some parking
stalls.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation
request is approved. Landscaping, Environmental, and Engineering Stormwater staff have
evaluated the proposed deviation to the site plan and found no issue with consistency.
Because the required terminal island trees are being relocated onsite, the deviation is
justified as meeting public purposes to a degree at least equivalent to literal application of
regulations per LDC section 10.02.13.B.5.h. Therefore, Zoning and Development Review
staff recommends APPROVAL of this deviation.
Deviation 5 seeks relief from Section 4.06.03 B.3. of the LDC which requires a row of parking
spaces to have a Terminal Landscape Islands, to instead allow some required Terminal Landscape
Islands to be paver bricks with no landscaping where site conditions and marina use operations
have prevented the creation of a terminal island.
Petitioners Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30.e, which did not have specific requirements for vehicular
areas. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents do not show vehicular landscaping details. The applicant’s justification is
that changes in the LDC over time and previous SDP approvals would allow them to re-
construct parking areas in their previously approved configuration and where it is
applicable, to permit removal of terminal landscape islands and replace them with brick
pavers where marina operations prevent the creation of terminal landscape islands.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation
request is approved. Landscaping, Environmental, and Engineering Stormwater staff have
evaluated the proposed deviation to the site plan and found no issue with consistency.
Because the required terminal island trees are being relocated onsite, the deviation is
justified as meeting public purposes to a degree at least equivalent to literal application of
regulations per LDC section 10.02.13.B.5.h. Therefore, Zoning and Development Review
staff recommends APPROVAL of this deviation.
3.B.a
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Deviation 6 seeks relief from Section 4.06.03 B.1 of the LDC which requires at least ten percent
of the amount of vehicular use area onsite to be devoted to interior landscaping areas, to instead
permit five-point nine percent (5.9%) of the amount of vehicular use area to be devoted to interior
landscaping areas due to existing site restrictions.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30.e, which did not have specific requirements for vehicular
areas. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents do not show vehicular landscaping details. The applicant’s justification is
that changes in the LDC over time and previous SDP approvals would allow them to re-
construct parking areas in their previously approved configuration. Where it is applicable,
to reduce the amount of vehicular use area devoted to interior landscape from 10% to
5.9%.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved. Landscaping, Environmental, and Engineering Stormwater staff have evaluated the
proposed deviation to the site plan and found no issue with consistency and the result of granting
the deviation will be generally equivalent to the conditions on the site that were previously
permitted. Therefore, Zoning and Development Review staff recommends APPROVAL of this
deviation.
Deviation 7 seeks relief from Section 4.06.05.C.1 of the LDC, which requires foundation planting
landscaping on at least three building facades and along at least 30 percent of each facade, to
instead allow for the Ship’s Store (Building #1) only one façade for foundation plantings on the
eastern facade and all required foundation plantings shall be located on this one façade.
Petitioners Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30, which did not have specific requirements for foundation
planting. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents do not show foundation plantings. The applicant’s justification is that
changes in the LDC over time and previous SDP approvals would allow them to re-
construct buildings in their previously approved configuration without foundation
plantings except on Building 1 where all foundation plantings will be located on the eastern
façade.
Staff Analysis and Recommendation: The applicant is requesting to reconstruct buildings
that existed before building foundation plantings were required. Due to the existing
conditions of the site which prevent the applicant from being able to meet many of the
current landscape requirements, staff recommends approval, finding that, in compliance
with LDC section 10.02.13.A.3, the element may be waived without detrimental effect on
the health, safety and welfare of the community.
STAFF ANALYSIS:
Staff has reviewed the requested against the established criteria for Site Plans with Deviations
3.B.a
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under LDC Section 10.02.03.F.7 and provide the analysis below.
a. Land uses and densities within the development shall be consistent with the permitted and
approved conditional uses in the zoning district.
The marina is a permitted use in the C-4 district zoning district.
b. The proposed development is consistent with the Growth Management Plan.
Staff finds that the proposed development is a water dependent and water related use that has
existed on the site per Land Development Code standards applicable through Ordinance 82-2, and
approval of the requested deviations will result in conditions that remain consistent with GMP
FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. The
petition is also consistent with the Conservation and Coastal Management Element (CCME) and
Policy 5.1 of the Transportation Element of the Growth Management Plan. Therefore, staff
recommends that this petition be deemed consistent with the GMP.
c. The development shall have a beneficial effect both upon the area in which it is proposed
to be established and upon the unincorporated area as a whole.
The proposed deviations will not change the permitted land uses and densities within the
development area. Water related and water dependent uses are generally considered beneficial for
the surrounding neighborhood and upon the unincorporated area of Collier County.
d. The total land area within the development and the area devoted to each functional
portion of the development shall be adequate to serve its intended purpose.
The proposed deviations are intended to acknowledge the land area within the development and
the area devoted to each functional portion as previously approved should continue, because this
has proven adequate to serve the purpose.
e. Streets, utilities, drainage facilities, recreation areas, sizes, and yards, architectural
features, vehicular parking and loading facilities, sight distances, landscaping, and buffers
shall be appropriate for the particular use involved.
The proposed deviations are intended to acknowledge the referenced features of the site as
previously approved should continue, because this has proven appropriate for the use.
f. Visual character of the project shall be equal or better in quality than that required by the
development standards for the zoning district. The visual character of the project shall be
better in quality than the existing project before redevelopment and after it was first
permitted.
The project involves reconstruction of buildings impacted by hurricanes. Buildings #1, #2, and #3
have been built back. The boat storage buildings were built back taller than originally constructed,
within the maximum height of 75 feet associated with the C-4 zoning district. The refurbishment
of the site has improved visual characteristics of the project, while the taller boat storage buildings
3.B.a
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can be considered impactful to neighboring views. As a separate matter, a companion application
has been submitted by the applicant (PL20200000998) for Variances from dimensional
requirements associated with reconstruction of the Buildings #1, 2, and 3 and proposed
reconstruction of Building #4. The aspects of the project related to the requested landscaping
related deviations that are the subject of this petition will result in equal or greater visual character
as previously existed on the site.
g. Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
At time of the Site Development Plan Amendment and Building Permit processing, the proposed
development improvement is subject to reliable and continuing maintenance requirements as well
as standard confirmation and authorization of common ownership(s).
h. Deviations shall be clearly delineated in the petition and shall be the minimum required
to achieve the goals of the project and comply with these standards.
Staff finds that the deviations are clearly delineated and are the minimum required to achieve the
goals of the marina reconstruction project.
i. The petitioner has provided enhancements to the development.
The act of reconstructing demolished buildings provides an enhancement to the development.
j. Approval of the deviation(s) will not have an adverse effect on adjacent properties.
Staff has described the existing land use pattern in the “Surrounding Land Use and Zoning” portion
of this report. Further, based on the information provided in the application the proposed
deviations are requested to allow for buffering, landscaping, and vehicular parking area conditions
as previously authorized by past approvals. Thus, the granting of these deviations will result in
updated conditions that are consistent with past conditions, not adversely affecting adjacent
properties.
Landscape Review: Due to existing conditions that do not allow for many of the current landscape
standards to be met, the application is seeking deviations from landscape standards as discussed
above. Due to the existing conditions of the site which prevent the applicant from being able to
meet many of the current landscape requirements, staff recommends approval, finding that the
petitioner has demonstrated that the element may be waived without detrimental effect on the
health, safety and welfare of the community, and the petitioner as demonstrated that the deviation
is justified as meeting public purposes to a degree at least equivalent to literal application of such
regulations.
Environmental Review: Environmental Planning staff has reviewed this petition. Preservation of
native vegetation is not required since the property has been developed and does not contain native
vegetation or listed species. This project does not require Environmental Advisory Council (EAC)
review, as this project did not meet the EAC scope of land development project reviews as
identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances.
3.B.a
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PUBLIC NOTICE:
Notice about the October 28, 2021 Hearing Examiner hearing was provided by newspaper
advertisement, mailed notice to owners within 500 feet of the site, and posting of a public notice
sign on the site at least 15 days prior to the hearing.
RECOMMENDATION:
Zoning Division staff recommends the Hearing Examiner approve petition DR-PL20180002114
Walker’s Coon Key Marina as proposed.
Attachments:
A) Deviations Site Plan
B) Landscape Plan
C) Ordinance 82-2 (1982 LDC excerpts)
D) SDPA to 2008-AR-13409, SDPI-09-2522, SDPI-18-2423 dated 8/26/19;
SDPA-2008-AR-13409 dated 6/22/09; SDP-89-159 dated 1/28/90
E) Survey
F) Applicant’s Backup Material
3.B.a
Packet Pg. 170 Attachment: 10-12-21 - DR - Walkers Coon Key Staff Report (20340 : PL20180002114 DR Walker's Coon Key Marina)
3.B.bPacket Pg. 171Attachment: ATTACHMENT A - DEVIATIONS SITE PLAN (20340 : PL20180002114 DR Walker's Coon Key
3.B.bPacket Pg. 172Attachment: ATTACHMENT A - DEVIATIONS SITE PLAN (20340 : PL20180002114 DR Walker's Coon Key
"B" BUFFER-15' WIDE"B" BUFFER -15' WIDEEX.COCO PLUM HEDGE TO REMAINC-4VRGC-4-GZO43DLEEx. Areca PalmEX. SEAGRAPE AND MANGROVE326 sfPNBahia GrassEX. MANGROVES TO REMAINW A T E R W A YE
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.Appox.Septic"B" BUFFER139.11+@1 tree/25' = 6 Trees1 Provided.Ex. pavement and seawall precludes additionalinstallation. None ProvidedB L U E H I L L C R E E KRip-RapRip-RapStepsConcStepsConcEX. PVC & Wood DockEX. PVC & Wood DockEX. PVC & Wood DockC2PARKINGEX. BICYCLEHC PARKINGHC PARKING EX.BACKFLOWBuilding 4 Addition (New)Building 4 Existing(Prior to Hurricane Irma)ERL4Golden CreeperEX. PYGMY DATE TO REMAINBuilding 2 Existing(Prior to Hurricane Irma)Building 3 Existing(Prior to Hurricane Irma)Building 1 Existing(Prior to Hurricane Irma)±5' Wide Rip RapEX. RETENTION AREAMU-022CE2Green Buttonwood6CEGreen Buttonwood - Shrub Form9ERLGolden Creeper15ERLGolden CreeperERL14Golden Creeper14ERLGolden Creeper1CE2Green Buttonwood1QVLive OakQV1Live Oak1QVLive Oak1QVLive Oak1BSGumbo Limbo2CE2Green ButtonwoodCR30Red Tip CocoplumZAF24CoontieTD20Half-a-hatchee GrassCR16Red Tip Cocoplum1,793 sfPNBahia Grass17TDHalf-a-hatchee Grass12CRRed Tip CocoplumAR3Red Maple1CE2Green ButtonwoodCE22Green Buttonwood3MBSouthern MagnoliaCO2Satinleaf50ISSchillings Holly19TDHalf-a-hatchee Grass842 sfSFFloritam Sod4ARRed Maple15.0
'TD11Bald Cypress2COSatinleafM-1011TD1Bald Cypress (CANOPY TREE)EX.COCONUT TO REMAINDENOTES FOUNDATION TREESDENOTES VEHICULAR USE TREESDENOTES BUFFER TREES(2 Relocated parking island trees)CE23Green ButtonwoodCE22Green Buttonwood (CANOPY TREES)*EXISTING IRRIGATION SYSTEM WILL BE REPAIRED AND/OR RETROFITTED AS NECESSARYTO PROVIDE 100% COVERAGE & SEPARATION OF HIGH AND LOW WATER USE. BAHIA SOD NOT TO BE IRRIGATED.Ex. Rip Rap and Stone to Remain1BSEEx. Gumbo LimboSITE DIMENSIONS PROVIDED BY OTHERS ASSUMED TO BE CORRECT.Date:NorthScale:L-1THIS PLAN REMAINS THE PROPERTY OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC. THIS PLAN CAN NOT BE USED IN FULL OR IN PART WITHOUT THE WRITTEN APPROVAL OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC.LC2600464ISAACSONLANDSCAPEARCHITECTURE G R O U P239-353-3505dan@IsaacsonGroup.com293 MONTEREY DRIVENAPLES, FL 34119Daniel R. Isaacson, RLALA #00015121"=20'10/27/18SDPA LANDSCAPE/IRRIGATION PLAN FOR:
WALKERS COON KEY MARINABASE INFORMATION PROVIDED BY GINA GREEN P.E. AND SQUARE'S LANDCAPING INC. - SDPA-2008-AR-13409Rev: 1/29/2019 604 PALM AVENUERev: 3/25/2019Rev: 4/8/2019Rev: 6/21/2019Rev: 7/13/20193.B.cPacket Pg. 173Attachment: Attachment B Landscape Plan (20340 : PL20180002114 DR Walker's Coon Key Marina)
SPECIFICATIONSNOTESAll Plants shall be Florida No.1 or better.Contractor shall be familiar w/ Collier County Land Dev. CodeContractor shall verify all quantities indicated at time of bid.All contractors working on the project shall be licensed and fully insured as required.The Contractor is responsible for replacement of all dead plant materials that occurs during the warrantee period.Tress and palm staking shall be removed between 6 and 12 months by the Contractor.WARRANTEE:*All trees and palms shall be warranted for one year from final acceptance.*Shrubs shall be warranted for six months from final acceptance.*Sod and annuals shall be warranted for three months from final acceptance.Contractor is responsible to fertilize all new trees, palms, shrubs, and ground covers with low release fertilizerw/minors at installation.The Contractor shall be responsible for providing a complete and operable system for the irrigation of all newlandscape plantings on site. Plans and specifications may not indicate all items necessary for the proper irrigationof the project. This shall not relieve the contractor of his responsibility to furnish labor, materials and equipmentrequired for a complete and proper system.The Contractor shall be responsible for adjusting head location, type, size, and any other system components tocomply with the requirements of the landscape planting as installed. Such adjustments shall be made whenauthorized in writing by owner. Such adjustments will be compensated at the prices indicated in the proposal.Contractors shall personally examine the site and fully acquaint themselves with all of the existing conditions inorder that no misunderstanding may afterwards arise to the character or as to the extent of the work to be doneand, likewise, in order to advised and acquaint themselves with all precautions to be taken in order to avoid injuryto person or property.PLANTING MATERIAL: The contractor shall make every possible effort to avoid existing plant material that has beentagged for preservation. Where such material falls in the path of trenching, the Contractor shall reroute the pipeor hand trench as necessary, to protect the designated plant material. Any damage caused by the contractor tonewly introduced plant material or sod shall be restored to its original condition prior to final acceptance.Total Site AreaPavement AreaBuilding Area73,181 sf45,564 sf18,209 sfTrees Required x 100%(Sections 4.06.05 C.4)TREES AND SHRUBSb. Shrubs 100% Nativea. Trees < 100%> 10', 1.75" Cal., 4' spd.65VII.Native Trees Provided (Include one existing tree)Native Trees Required3565Tree Species Required5Type "A" - Minimum Width = 10 ft.Type "B" - Minimum Width = 15ft. 80% Opaque within one year - 6' tall. May include a fence.L.F. / 30 =(Section 4.06.02 & Table 2.4)(Pavement Area)Based on 1 tree / 3000 sf of pervious lot area - 9,408 sfMINIMUM NUMBER OF CANOPY TREES REQUIREDLANDSCAPE CALCULATIONS PERIMETER BUFFERING (Alternatives "A,B,C")RIGHT-OF-WAY LANDSCAPING(Alternative "D")VEHICULAR USE AREA (Section 4.06.03 B.1)(Perimeter L.F.)(Perimeter L.F.)L.F. / 25(Perimeter ofSite adjacent to R.O.W.II.NA833+III.NAI.10% x(Required)(# Trees Required)NAxx33/ 30 =L.F.Treesxx(# Trees Required)(# Trees Required)33TreesTreesNA4,556.4Landscape Area)(Required InteriorS.F. =45,564S.F. (# Trees Provided)(# Trees Provided)NA(Including 1 ex. tree)(Provided)33(# Trees Provided)12L.F. x 25%. x 10'BUILDING PERIMETER PLANTINGS - Building 1(Based on 4.06.05.B.4)(Building Perimeter)IV.226(SF Foundation Plantings Req.) 565 SF( Provided)565 SF(# Trees Required)S.F./300 =2(# Trees Provided)2565(SF Foundation Plantings Req.) (Section 4.06.02 C.4)(# Trees Provided)4,556.4Landscape Area)(Required InteriorS.F. / 250 =18182,687Landscape Area)(Provided InteriorS.F. xxTrees(# Trees Required)18Pervious Area9,408 sfTree Stakes are to be removed between 6-12 monthsTree Staking DetailConstruct Saucer to retainBackfill MixRemove Burlap from topof Rootballby the Owner.Diamater of Hole is to2 Pieces of Rubber HoseMulchbe 50% larger thandiamater of root ball14 Gauge GalvanizedStake: 2 x 2 PT Pinewire and twisted*ALL NEW PLANTINGS ARE TO BE 100% NATIVE *EXISTING IRRIGATION SYSTEM WILL BE REPAIRED AND/OR RETROFITTED AS NECESSARY*INVASIVE PLANTS SHALL BE REMOVED AND MAINTAINED IN PERPETUITY.Tree Availability/Substitution and Future Replacements: If specified trees are unavailable or need to be replaced in the future, the following varieties of treesmay be used as substitutions, or interchanged, for the trees listed above: Green or Silver Buttonwood,Satin Leaf, Pigeon Plum, Geiger, Gumbo Limbo, Live Oak, Red Maple, Southern Magnolia and BaldCypress. Trees species specified in SDPA-2008-AR-13409 may aslo be replaced with the trees listedabove. All trees are to be Code minimum at planting.Shrub-Groundcover replacements in the future may be any 100% native variety that grows in SW Florida.Shrub-Groundcover Availability/Substitution and Future Replacements: TO PROVIDE 100% COVERAGE & SEPARATION OF HIGH AND LOW WATER USE. BAHIA SOD NOT TO BE IRRIGATED.PLANT SCHEDULEMULCHSYMBOLDESCRIPTIONQTYDETAIL2" CRUSHED SEASHELL.890 SFSYMBOLDESCRIPTIONQTYDETAIL3" SHREDDED COCO BROWN MULCH.20.13 CYM-101MU-02REFERENCE NOTES SCHEDULE*MULCH NOT TO CONTAIN MORE THAN 25% CYPRESS.TREESQTYBOTANICAL / COMMON NAMECONTSIZESPEC.AR7ACER RUBRUM / RED MAPLE25 GAL1.75"CAL10`-12` OA., 4` SPREADBS1BURSERA SIMARUBA / GUMBO LIMBO25 GAL1.75"CAL10`-12` OA., 4` SPREADCE213CONOCARPUS ERECTUS / GREEN BUTTONWOOD25 GAL1.75"CAL10`-12` OA., 4` SPREADCO4CHRYSOPHYLLUM OLIVIFORME / SATINLEAF25 GAL1.75"CAL10`-12` OA., 4` SPREADMB3MAGNOLIA GRANDIFLORA `D.D. BLANCHARD` TM / SOUTHERN MAGNOLIA25 GAL1.75"CAL10`-12` OA., 4` SPREADQV4QUERCUS VIRGINIANA / LIVE OAK25 GAL1.75"CAL10`-12` OA., 4` SPREADTD12TAXODIUM DISTICHUM / BALD CYPRESS25 GAL1.75"CAL10`-12` OA., 4` SPREADEXISTINGQTYBOTANICAL / COMMON NAMECONTSIZESPEC.BSE1BURSERA SIMARUBA / EX. GUMBO LIMBOTO REMAINDLE43DYPSIS LUTESCENS / EX. ARECA PALMTO REMAINSHAREDSHRUBSQTYBOTANICAL / COMMON NAMECONTSIZESPEC./SPACINGCE6CONOCARPUS ERECTUS / GREEN BUTTONWOOD - SHRUB FORM10 GAL5` OA, 3` SPREAD4` OCCR58CHRYSOBALANUS ICACO `RED TIP` / RED TIP COCOPLUM3 GAL18" -24" OA3` OCIS50ILEX VOMITORIA `SCHILLINGS` / SCHILLINGS HOLLY3 GAL12"-14" OA2` OCTD56TRIPSACUM X DACTYLOIDES / HALF-A-HATCHEE GRASS3 GAL15"-18" OA3` OCZAF24ZAMIA PUMILA / COONTIE3 GAL15"-18" OA3` OCGROUND COVERSQTYBOTANICAL / COMMON NAMECONTSIZESPACINGERL56ERNODEA LITTORALIS / GOLDEN CREEPER1 GAL12"-15" OA3` OCSODQTYBOTANICAL / COMMON NAMECONTSIZESPACINGPN2,119 SFPASPALUM NOTATUM / BAHIA GRASSSODPALETTESF842 SFSTENOTAPHRUM SECUNDATUM / FLORITAM SODSODPALETTE(9.5% of pervious)Rev: 1/29/2019 SITE DIMENSIONS PROVIDED BY OTHERS ASSUMED TO BE CORRECT.Date:NorthScale:L-2THIS PLAN REMAINS THE PROPERTY OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC. THIS PLAN CAN NOT BE USED IN FULL OR IN PART WITHOUT THE WRITTEN APPROVAL OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC.LC2600464ISAACSONLANDSCAPEARCHITECTURE G R O U P239-353-3505dan@IsaacsonGroup.com293 MONTEREY DRIVENAPLES, FL 34119Daniel R. Isaacson, RLALA #0001512N.T.S10/27/2018SDPA LANDSCAPE/IRRIGATION- SITE DATA AND DETAILS
WALKERS COON KEY MARINABASE INFORMATION PROVIDED BY GINA GREEN P.E AND SQUARE'S LANDCAPING INC. - SDPA-2008-AR-13409Rev: 3/25/2019 Rev: 4/8/2019 Rev: 6/21/2019 Rev: 7/13/2019 3.B.cPacket Pg. 174Attachment: Attachment B Landscape Plan (20340 : PL20180002114 DR Walker's Coon Key Marina)
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3.B.ePacket Pg. 182Attachment: Attachment D SDPA documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
7/25/2017 Page 1 of 4
SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT
LDC Section 10.02.03 F
Ch. 6 I of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: __________________________________________
Address: _____________________________City: ____________ State: _____ ZIP: __________
Telephone: ___________________ Cell: ____________________ Fax: ____________________
E-Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: ___________________________City: ________________ State: ______ ZIP: _______
Telephone: ___________________ Cell: ____________________ Fax: ____________________
E-Mail Address: ________________________________________________________________
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND
ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
CORRESPONDING SDP, SDPA, SIP INFORMATION
This application shall be submitted in conjunction with one of the following: site
development plan, site development plan amendment, or site improvement plan.
PROJECT NAME/PL# IF KNOWN:_____________________________________________
PLANNER/PROJECT MANAGER, IF KNOWN:____________________________________
DATE OF SUBMITTAL:______________________________________________________
To be completed by staff
W R REAL ESTATE LLP
Gina R. Green, P.E.
785 BALD EAGLE DR
MARCO ISLAND FL 34145
239-642-6764 239-825-6065
JWALKER@WALKERSMARINA.COM
Gina R. Green, P.E.
Gina R. Green, P.A.
3310 1st Ave NW Naples FL 34120
239-348-0500 239-229-6238 866-720-4823
ggreeneng@aol.com
Walkers Coon Key Marina
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Packet Pg. 191 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
7/25/2017 Page 2 of 4
INFORMATION REGARDING DEVIATION REQUESTS
A site plan with deviations for redevelopment provides a means for a redevelopment project to seek
dimensional deviations (excluding height), architectural deviations, and deviations from site features,
such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC
when the passing of time has rendered certain existing buildings, structures, or site features
nonconforming.
A site plan with deviations may be requested for the redevelopment of a site which meets the criteria
for a site development plan, site development plan amendment or a site improvement plan as
established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with
LDC section 10.02.03.
In accordance with LDC section 10.02.03 F, “redevelopment” shall mean the renovation, restoration, or
remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing
buildings, structures or infrastructure were legally built and installed.
DEVITATION REQUESTS
The application must address the follow requirements. Please attach the required narratives and
explanations.
1. A narrative of the redevelopment project and how it is consistent with the standards for approval,
LDC section 10.02.03 F.7.
2. Description of each requested deviation and justification for each request. Requested deviations shall
be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be
identified.
3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan
and explanation provided.
4. Deviation Request types:
Zoning Deviation Requests - Check all that may be impacted by the request.
Dimensional standards (excluding height)
Parking
Architectural
Landscape / Buffers
Other site features: ______________________________________________
Engineering Deviation Requests - Check all that may be impacted by the request.
Stormwater
Pathways
Transportation Planning
Other site features: _________________________________________________
✔
✔
✔
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
7/25/2017 Page 3 of 4
Chapter 8 of the Administrative Code requires that the applicant must remove their public
hearing advertising sign(s) after final action is taken by the Board of County Commissioners.
Based on the Board's final action on this item, please remove all public hearing advertising
sign(s) immediately.
Pre-Application Meeting and Final Submittal Requirement Checklist for: Deviations
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT
REQUIRED
Completed Site Development Plan with Deviations for
Redevelopment Application. 1
Completed SDP/SDPA/SIP application and all associated
materials, including all site plan documents. 1
Copy for the Pre-Application Notes, if not submitted with
SDP/SDPA/SIP 1
Affidavit of Authorization, signed and notarized 1
Property Ownership Disclosure Form 1
Electronic copy of all documents and plans
*Please be advised: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
x Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
x Please contact the project manager to confirm the number of additional copies required.
✔
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
7/25/2017 Page 4 of 4
FEE REQUIREMENTS
Pre-Application Meeting: $500.00
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
Site Development Plan for Redevelopment: $1,000.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and the permit fee shall be submitted to:
Growth Management Department
Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
__________________________________ ____________________
Applicant Signature Date
__________________________________
Printed Name
Gina R. Green, P.E.Digitally signed by Gina R. Green,
P.E.
Date: 2018.11.20 10:56:55 -05'00'
Gina R. Green, P.E.
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PROFESSIONAL CIVIL
ENGINEER
Intake Team
Collier County—Growth Management Division
2800 North Horseshoe Drive
Naples, Florida 34104
RE: Walker Coon Key Marina - 604 Palm Avenue, Goodland, FL
Site Plan w/ Deviations to 2008-AR-13409, SDPI-PL2009002522 & SDPI-PL20180002423
To Whom It May Concern:
Please accept this letter as a request for review and approval for a Site Plan w/ Deviations for the Walker’s Coon Key Marina to
add the northern portion of Building #4 that was destroyed in Hurricane Wilma and reconstruct the balance Building #4 that was
destroyed in Hurricane Irma at its original location which is 6’ from the east property line. This Site Plan with Deviations has a
companion item for an SDPA to allow the reconstruction of the added portion along with the replacement of the balance of Building
#4 to be located in its existing location of 6’ from the east property line.
This marina sustained substantial damage to the boat storage structures and the docks during Hurricane Irma. The site was already
redeveloped with new parking, landscaping and water management in 2009 when the ships store was reconstructed. These site im-
provements will remain. There is a reduction in the number of boats that will be stored in the new buildings from 130 spaces to 122
spaces. There is no increase to the impervious area of the site. All existing improvements will remain as constructed. Minor repairs
due to Hurricane Irma will be repaired during the building reconstruction.
This application will be electronically submitted and will include the following items:
December 3, 2018
1. Site Plan w/Deviations Application
2. Cover letter/project description
3. Addressing Checklist
4. Pre-app notes
5. Email from Ray Bellow regarding the S pre-app meeting
6. Site plan w/ Deviations Plans, signed & sealed
7. Affidavit of Authorization
8. Disclosure of Interest Form
9. SDPA package as a supplement
Please call me if you have any questions or need additional information.
Sincerely,
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division
at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by
Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
TDR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 1
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
SURVEY (copy - needed only for unplatted properties)
CURRENT PROJECT NAME (if applicable)
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Division.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED 2
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
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WALKER COON KEY MARINA
STANDARDS FOR APPROVAL
7. Standards for approval. The petition shall be reviewed for consistency with the following
standards:
a. Land uses and densities within the development shall be consistent with the
permitted and approved conditional uses in the zoning district.
The land uses and densities within the development will not change from the existing
approved uses that were present on the site prior to Hurricanes Wilma & Irma. The boat
storage buildings were approved and constructed under SDP 89-159. The destruction of
the north end of building #4 during Hurricane Wilma was omitted in error as a future
reconstruction when the Ship’s Store was reconstructed under SDPA 2008-AR13409.
This submittal will reinstate this storage area into the site.
b. The proposed development is consistent with the Growth Management Plan.
The site is an existing development, not a proposed development. The existing buildings
were destroyed by Hurricane’s Wilma and Irma. The new structures are within the same
footprint as the structures that were destroyed, and the new structures will not contain as
many dry slips as the existing structures contained. This reconstruction is consistent with
the Growth Management Plan.
c. The development shall have a beneficial effect both upon the area in which it is
proposed to be established and upon the unincorporated area as a whole.
This facility is beneficial to the Goodland area because it provides jobs for this small
fishing village. It also provides a place for boat storage with water access that draws
people outside this small community to this small fishing village to visit the local
restaurants and retail shops. This adds to the economy of the local area and also
provides tax dollars to Collier County for the land and its commercial use.
d. The total land area within the development and the area devoted to each functional
portion of the development shall be adequate to serve its intended purpose.
This is an existing business that has been located on this site since the late 1980’s. This
petition is for the reconstruction of the facility that was damaged by Hurricane’s Wilma &
Irma.
e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural
features, vehicular parking and loading facilities, sight distances, landscaping and buffers
shall be appropriate for the particular use involved.
The use is existing, and this petition will reconstruct all components that were damaged
by the Hurricane’s Wilma & Irma. All of these components were existing and will be
replaced and/or repaired with this reconstruction.
f. Visual character of the project shall be equal or better in quality than that required by
the development standards for the zoning district. The visual character of the project
shall be better in quality than the existing project before redevelopment and after it was
first permitted.
The use is existing, and this petition will reconstruct all components that were damaged
by the Hurricane’s Wilma & Irma. All of these components were existing and will be
replaced and/or repaired with this reconstruction and will be equal or better in quality than
what was previously approved and constructed.
g. Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
The site will be owned and maintained by WR Real Estate LLP in its entirety. Ongoing
maintenance will continue once the reconstruction is complete.
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Packet Pg. 220 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
h. Deviations shall be clearly delineated in the petition and shall be the minimum required
to achieve the goals of the project and comply with these standards.
Due to the revisions to the LDC from the inception of this project in the late 1980’s to
present day, the codes have changed that are in conflict with the original LDC Standards.
Deviations from the present-day codes have been kept to the minimum for the
reconstruction of the site. The deviations requested are primarily side yard setbacks,
distance between structures and landscape requirements. The deviation requests will not
encumber the property any more than the existing development. The new structures and
landscaping will enhance the site and the community.
i. The petitioner has provided enhancements to the development.
The site will be enhanced with new landscaping and replacement of dead or damaged
landscaping from Hurricane’s Wilma & Irma.
j. Approval of the deviation will not have an adverse effect on adjacent properties.
The approval of the deviations will not adversely affect the adjacent properties. All
structures will be placed in the same locations as the existing buildings and will not
provide any encumbrances that are closer to the adjacent properties that what was
existing prior to the Hurricane destruction.
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Packet Pg. 221 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
Site Plan w/ Deviations w/ Justifications
Summary for
Walker’s Coon Key Marina
Section 18, Township 52 South, Range 27 East
Collier County, Florida
August 24, 2018
Revised: April 5, 2019
Revised: July 12, 2019
Revised: August 26, 2019
Revised: October 30, 2019
Prepared for:
WR Real Estate LLP
785 Bald Eagle Drive
Marco Island, FL 34145
Prepared By:
Gina R. Green, P.E.
3310 1st Avenue NW
Naples, FL 34120
(239) 348-0500
(866) 720-4823
ggreeneng@aol.com
Approved By:
_____________________________
Gina R. Green, P.E.
FL Reg. 46608
Date:________________________
DocuSign Envelope ID: DCAAD7CC-0201-4F2B-BAEE-925801A895A8
11/4/2019
3.B.i
Packet Pg. 222 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
Site Plan w/ Deviations w/ Justifications
Summary
Walker’s Coon Key Marina
Requested Deviations – Nine (9) total
Proposed Deviation #1 from Section 4.06.02.C.2 of the LDC, which requires a 15’ wide
Type “B” Landscape Buffer, to instead reduce it to a 6’ Type “B” Landscape Buffer
between the Boat Storage Building (Building 4) and the eastern property line and to allow
for no buffer to the North where the access road is contiguous with the Eastern property
line and no buffer along the West edge of the access road where it is adjacent to the
waterway.
Proposed Deviation #2 from Section 4.06.02 C.2. of the LDC which requires trees
spaced no more than 25 feet on center, to instead permit varying spacing due to existing
site restrictions along the eastern property line. There will be a minimum of 10 trees and
6 ten-gallon shrubs. If gaps in the areca buffer occur in the future, trees and shrubs to
meet the Type ‘B’ buffer planting requirement are to be planted to fill the gaps and
provide 80% opacity within 1 year of planting.
Proposed Deviation #3 from Section 4.06.03 B.3. of the LDC which requires a terminal
island with a tree at the end of a row of parking, to instead allow some required terminal
island trees to be located elsewhere on site where site conditions and marina use
operations have prevented the creation of a terminal island. The relocated terminal island
trees will be located as shown on the Deviation Site Plan.
Proposed Deviation #4 from Section 4.06.03 B.2. of the LDC which requires a tree no
farther than 50’ from a parking stall, to instead allow some required trees to be more than
50’ from a parking stall due to site conditions and turning radii of equipment integral
with the marina operation.
Proposed Deviation #5 from Section 4.06.03 B.3. of the LDC which requires a row of
parking spaces to have a Terminal Landscape Islands, to instead allow some required
Terminal Landscape Islands to be paver bricks with no landscaping where site conditions
and marina use operations have prevented the creation of a terminal island.
Proposed Deviation #6 from Section 4.06.03 B.1 of the LDC which requires at least ten
percent of the amount of vehicular use area onsite to be devoted to interior landscaping
areas, to instead permit five point nine percent (5.9%)of the amount of vehicular use area
to be devoted to interior landscaping areas due to existing site restrictions.
DocuSign Envelope ID: DCAAD7CC-0201-4F2B-BAEE-925801A895A8
3.B.i
Packet Pg. 223 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
Proposed Deviation #7 from Section 4.06.05.C.1 of the LDC, which requires foundation
planting landscaping on at least 3 building facades and along at least 30 percent of each
facade, to instead allow for the Ship’s Store (Building #1) only one façade for foundation
plantings on the eastern facade and all required foundation plantings shall be located on
this one façade.
Proposed Deviation #8 from Section 4.02.01.A of the LDC, which requires a 25’ side
yard setback, to instead allow a 6’ side yard setback for the Boat Storage Building
(Building #4).
Proposed Deviation #9 from Section 4.02.01 A. Table 2. of the LDC which requires the
minimum distance between buildings of 50% of the sum of the heights of the buildings,
but not less than 15’ to instead be reduced to a minimum of 15’ only for all buildings.
DocuSign Envelope ID: DCAAD7CC-0201-4F2B-BAEE-925801A895A8
3.B.i
Packet Pg. 224 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
Site Plan w/ Deviations w/ Justifications
Summary for
Walker’s Coon Key Marina
Section 18, Township 52 South, Range 27 East
Collier County, Florida
August 24, 2018
Revised: April 5, 2019
Revised: July 12, 2019
Revised: August 26, 2019
Justifications added: September 27, 2019
Revised: October 30, 2019
Prepared for:
WR Real Estate LLP
785 Bald Eagle Drive
Marco Island, FL 34145
Prepared By:
Gina R. Green, P.E.
3310 1st Avenue NW
Naples, FL 34120
(239) 348-0500
(866) 720-4823
ggreeneng@aol.com
Approved By:
_____________________________
Gina R. Green, P.E.
FL Reg. 46608
Date:________________________
DocuSign Envelope ID: DCAAD7CC-0201-4F2B-BAEE-925801A895A8
11/4/2019
3.B.i
Packet Pg. 225 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
Site Plan w/ Deviations w/ Justifications
Summary
Walker’s Coon Key Marina
Requested Deviations – Nine (9) total
Proposed Deviation #1 from Section 4.06.02.C.2 of the LDC, which requires a 15’ wide
Type “B” Landscape Buffer, to instead reduce it to a 6’ Type “B” Landscape Buffer
between the Boat Storage Building (Building 4) and the eastern property line and to allow
for no buffer to the North where the access road is contiguous with the Eastern property
line and no buffer along the West edge of the access road where it is adjacent to the
waterway.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.37.a, which required a 10-foot landscape buffer. The original
approval documentation is SDP-89-159 and SDP-2008-13409. The SDP documents show
that Boat Storage Building 4 was approved with a 6-foot wide landscape buffer. The
applicant’s justification is that changes in the LDC over time and previous SDP
approvals would allow them to re-construct proposed buildings in their previously
approved locations. The previous structures were destroyed by Hurricanes Wilma and
Irma. The proposed side yard buffer consists of an existing Areca palm hedge that
straddles the property line and it continue to provide the 80% opacity screening required
by the LDC. A combination of Green Buttonwood trees and shrubs are proposed to infill
the section of missing Arecas to satisfy the 80% opacity within one year.
Proposed Deviation #2 from Section 4.06.02 C.2. of the LDC which requires trees
spaced no more than 25 feet on center, to instead permit varying spacing due to existing
site restrictions along the eastern property line. There will be a minimum of 10 trees and
6 ten-gallon shrubs. If gaps in the areca buffer occur in the future, trees and shrubs to
meet the Type ‘B’ buffer planting requirement are to be planted to fill the gaps and
provide 80% opacity within 1 year of planting.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.37.a, which required a 10-foot landscape buffer. However, the
LDC did not have spacing requirements for plantings. The original approval
documentation is SDP-89-159 and SDP-2008-13409. The SDP documents have limited
detail related to landscaping, but the Areca Palm hedge is existing. The applicant’s
justification is that changes in the LDC over time and previous SDP approvals would
allow them to use the existing hedge, which is non-native. All other required plantings for
opacity would be 100% native.
DocuSign Envelope ID: DCAAD7CC-0201-4F2B-BAEE-925801A895A8
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Packet Pg. 226 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
Proposed Deviation #3 from Section 4.06.03 B.3. of the LDC which requires a terminal
island with a tree at the end of a row of parking, to instead allow some required terminal
island trees to be located elsewhere on site where site conditions and marina use
operations have prevented the creation of a terminal island. The relocated terminal island
trees will be located as shown on the Deviation Site Plan.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30.e, which did not have specific requirements for vehicular
areas. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents do not show vehicular landscaping details. The applicant’s justification
is that changes in the LDC over time and previous SDP approvals would allow them to
re-construct parking areas in their previously approved configuration. To permit greater
maneuvering space and flexibility for large equipment to access the boat storage area,
the two existing parking islands that flank the entrance to the boat storage area were
identified with paint rather than planting islands.
Proposed Deviation #4 from Section 4.06.03 B.2. of the LDC which requires a tree no
farther than 50’ from a parking stall, to instead allow some required trees to be more than
50’ from a parking stall due to site conditions and turning radii of equipment integral
with the marina operation.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30.e, which did not have specific requirements for vehicular
areas. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents show that Boat Storage Building 4 was approved with a 6-foot setback.
The applicant’s justification is that changes in the LDC over time and previous SDP
approvals would allow them to re-construct parking areas in their previously approved
configuration. To permit greater maneuvering space and flexibility for large equipment
to access the boat storage area, trees would be located farther than 50 feet from some
parking stalls.
Proposed Deviation #5 from Section 4.06.03 B.3. of the LDC which requires a row of
parking spaces to have a Terminal Landscape Islands, to instead allow some required
Terminal Landscape Islands to be paver bricks with no landscaping where site conditions
and marina use operations have prevented the creation of a terminal island.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30.e, which did not have specific requirements for vehicular
areas. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents do not show vehicular landscaping details. The applicant’s justification
is that changes in the LDC over time and previous SDP approvals would allow them to
re-construct parking areas in their previously approved configuration. Where it is
applicable, to permit removal of terminal landscape islands and replace them with brick
pavers where marina operations prevent the creation of terminal landscape islands.
DocuSign Envelope ID: DCAAD7CC-0201-4F2B-BAEE-925801A895A8
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Packet Pg. 227 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
Proposed Deviation #6 from Section 4.06.03 B.1 of the LDC which requires at least ten
percent of the amount of vehicular use area onsite to be devoted to interior landscaping
areas, to instead permit five point nine percent (5.9%)of the amount of vehicular use area
to be devoted to interior landscaping areas due to existing site restrictions.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 8.30.e, which did not have specific requirements for vehicular
areas. The original approval documentation is SDP-89-159 and SDP-2008-13409. The
SDP documents do not show vehicular landscaping details. The applicant’s justification
is that changes in the LDC over time and previous SDP approvals would allow them to
re-construct parking areas in their previously approved configuration. Where it is
applicable, to reduce the amount of vehicular use area devoted to interior landscape
from 10% to 5.9%.
Proposed Deviation #7 from Section 4.06.05.C.1 of the LDC, which requires foundation
planting landscaping on at least 3 building facades and along at least 30 percent of each
facade, to instead allow for the Ship’s Store (Building #1) only one façade for foundation
plantings on the eastern facade and all required foundation plantings shall be located on
this one façade.
Petitioner’s Justification: Petitioner’s Justification: The Walker Marina was developed
under Collier County Ordinance 82-2; Section 8.30, which did not have specific
requirements for vehicular areas. The original approval documentation is SDP-89-159
and SDP-2008-13409. The SDP documents do not show foundation plantings. The
applicant’s justification is that changes in the LDC over time and previous SDP
approvals would allow them to re-construct buildings in their previously approved
configuration without foundation plantings except on Building 1 where all foundation
plantings will be located on the eastern façade.
Proposed Deviation #8 from Section 4.02.01.A of the LDC, which requires a 25’ side
yard setback, to instead allow a 6’ side yard setback for the Boat Storage Building
(Building #4).
Petitioner’s Justification: Petitioner’s Justification: The Walker Marina was developed
under Collier County Ordinance 82-2; Section 7.23.C.3, with specific development
standards for setbacks, which were 0.0 feet or 5 feet. The original approval
documentation is SDP-89-159 and SDP-2008-13409. The SDP documents show that Boat
Storage Building 4 was approved with a 6-foot side setback. The applicant’s justification
is that changes in the LDC over time and previous SDP approvals would allow them to
re-construct buildings in their previously approved configurations, including Building 4.
DocuSign Envelope ID: DCAAD7CC-0201-4F2B-BAEE-925801A895A8
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Packet Pg. 228 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
Proposed Deviation #9 from Section 4.02.01 A. Table 2. of the LDC which requires the
minimum distance between buildings of 50% of the sum of the heights of the buildings,
but not less than 15’ to instead be reduced to a minimum of 15’ only for all buildings.
Petitioner’s Justification: The Walker Marina was developed under Collier County
Ordinance 82-2; Section 7.23.C.7, with specific development standards for distance
between structures, which was same for the side yard (0.0 feet or 5 feet). The original
approval documentation is SDP-89-159 and SDP-2008-13409. The SDP documents do
not show specific dimensions for distance between structures. The applicant’s
justification is that changes in the LDC over time and previous SDP approvals would
allow them to re-construct buildings in their previously approved configurations,
including reducing the minimum distance between buildings to 15 feet for all buildings.
DocuSign Envelope ID: DCAAD7CC-0201-4F2B-BAEE-925801A895A8
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Packet Pg. 229 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
GINA R. GREEN, P.A.
PROFESSIONAL CIVIL
ENGINEER
Phone: 239-348-0500
Mobile: 239-229-6238
Fax: 866-720-4823
Email: ggreeneng@aol.com
3310 1st Avenue NW
Naples, Florida 34120
Intake Team
Collier County—Growth Management Division
2800 North Horseshoe Drive
Naples, Florida 34104
RE: Walker Coon Key Marina - 604 Palm Avenue, Goodland, FL
Site Plan w/ Deviations DR-PL20180002114
To Whom It May Concern:
Per a meeting between Mark Templeton, Heidi Ashton-Cicko and myself, the deviations requested have been revised per their cor-
rections and the site plan has been updated per their recommendations and the deviation requests are on sheet 2 of 2 of the plans pre-
pared for the petition. The following items are included in the resubmittal:
1. Site plan w/ Deviations Plans, signed & sealed (8x11 & 24x36)
2. Response to staff comments
3. Requested Deviation report
Please call me if you have any questions or need additional information.
August 27, 2019
Sincerely,
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EX. COCO PLUM HEDGE4' TALL - ALLOW TO GROW TO6' TALL.EX. MANGROVE HEDGENO IRRIGATIONEX. RAIN SENSOREX. CLOCK"B" BUFFER436.67' +@1 tree/25' = 17 TreesExisting driveway to property lineonly allows the installation of10 trees.Total: 10 Trees"B" BUFFER256.78+@ 1 tree/25' = 10 Trees(Rip rap embankment precludes install
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.Appox.Septic"B" BUFFER139.11+@1 tree/25' = 6 Trees1 Provided.Ex. pavement and seawall precludes additionalinstallation. None ProvidedB L
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KRip-RapRip-RapStepsConcStepsConcEX. PVC & Wood DockEX. PVC & Wood DockEX. PVC & Wood DockC2PARKINGEX. BICYCLEHC PARKINGHC PARKING EX.BACKFLOW15.00"B" BUFFER-15' WIDE"B" BUFFER -15' WIDEM-101EX.COCO PLUM HEDGE TO REMAINC-4VRGC-4-GZO43DLEEx. Areca PalmEX. SEAGRAPE ANDMANGROVESEX. MANGROVES TO REMAINEX. PYGMY DATE TO REMAIN2CE2Green Buttonwood1CE2Green Buttonwood1QVLive OakQV1Live Oak1QVLive Oak1QVLive Oak2CE2Green Buttonwood1CE2Green Buttonwood3MBSouthern Magnolia15.0
'15' WIDE BUFFER REQUIRED - DEVIATIONREQUESTED FOR THE 6'+ WIDE BUFFERPROVIDED BETWEEN THE REPLACEMENT,METAL BUILDINGS AND PROPERTY LINE.DEVIATION REQUESTED TO INCLUDE THESHARED, EXISTING, 20'+ TALL ARECAPALMS AND THE PROPOSED GREENBUTTONWOODS, TO FILL GAP IN ARECAS,AS THE BUFFER PLANTING. THESEPLANTINGS WILL MEET OR EXCEED THEREQUIREMENTS OF 6' HEIGHT AND 80%OPACITY IN ONE YEAR AS INTENDED BYTHE ORDINANCE.1BSGumbo LimboCE22Green Buttonwood2COSatinleafCE23Green Buttonwood1TD1Bald CypressDENOTES FOUNDATION PLANTING AREADENOTES VEHICULAR USE AREADENOTES FOUNDATION TREESDENOTES VEHICULAR USE TREESDENOTES BUFFER TREES±5' Wide Rip RapEX. RETENTION AREABuilding 4 Addition (New)Building 4 Existing(Prior to Hurricane Irma)Building 2 Existing(Prior to Hurricane Irma)Building 3 Existing(Prior to Hurricane Irma)Building 1 Existing(Prior to Hurricane Irma)CE22Green Buttonwood (CANOPY TREES)CO2Satinleaf1TD1Bald Cypress (CANOPY TREE)SHARED ARECA BUFFERSHARED ARECA BUFFERAR3Red MapleEX.COCONUT TO REMAIN(Relocated parking island trees)4ARRed MapleEx. Stone and Rip Rap to Remain1BSEEx. Gumbo Limbo(2 Relocated parking island trees)*ALL NEW PLANTINGS ARE TO BE 100% NATIVE *INVASIVE PLANTS SHALL BE REMOVED AND MAINTAINED IN PERPETUITY.*MULCH WILL NOT CONTAIN MORE THAN 25% CYPRESS.Tree Availability/Substitution and Future Replacements: If specified trees are unavailable or need to be replaced in the future, the following varieties of treesmay be used as substitutions, or interchanged for, the trees listed above: Green or Silver Buttonwood,Satin Leaf, Pigeon Plum, Geiger, Gumbo Limbo, Live Oak, Red Maple, Southern Magnolia and BaldCypress. Trees species specified in SDPA-2008-AR-13409 may aslo be replaced with the trees listedabove. All trees are to be Code minimum at planting.Shrub-Groundcover replacements in the future may be any 100% native variety that grows in SW Florida.Shrub-Groundcover Availability/Substitution and Future Replacements: *EXISTING IRRIGATION SYSTEM WILL BE REPAIRED AND/OR RETROFITTED AS NECESSARYTO PROVIDE 100% COVERAGE & SEPARATION OF HIGH AND LOW WATER USE. BAHIA SOD NOT TO BE IRRIGATED.MULCHSYMBOLDESCRIPTIONQTYDETAIL2" CRUSHED SEASHELL.890 SFSYMBOLDESCRIPTIONQTYDETAIL3" SHREDDED COCO BROWN MULCH. 20.13 CYM-101MU-02REFERENCE NOTES SCHEDULEPLANT SCHEDULE - DEVIATIONTREESQTYBOTANICAL NAME / COMMON NAMECONTSIZESPEC.AR 7 ACER RUBRUM / RED MAPLE25 GAL 1.75"CAL 10`-12` OA., 4` SPREADBS 1 BURSERA SIMARUBA / GUMBO LIMBO25 GAL 1.75"CAL 10`-12` OA., 4` SPREADCE2 13 CONOCARPUS ERECTUS / GREEN BUTTONWOOD25 GAL 1.75"CAL 10`-12` OA., 4` SPREADCO 4 CHRYSOPHYLLUM OLIVIFORME / SATINLEAF25 GAL 1.75"CAL 10`-12` OA., 4` SPREADMB 3 MAGNOLIA GRANDIFLORA `D.D. BLANCHARD` TM / SOUTHERN MAGNOLIA 25 GAL 1.75"CAL 10`-12` OA., 4` SPREADQV 4 QUERCUS VIRGINIANA / LIVE OAK25 GAL 1.75"CAL 10`-12` OA., 4` SPREADTD1 2 TAXODIUM DISTICHUM / BALD CYPRESS25 GAL 1.75"CAL 10`-12` OA., 4` SPREADEXISTINGQTYBOTANICAL NAME / COMMON NAMECONTSIZESPEC.BSE 1 BURSERA SIMARUBA / EX. GUMBO LIMBOTO REMAINDLE 43 DYPSIS LUTESCENS / EX. ARECA PALMTO REMAINSHARED(9.5% of pervious)Total Site AreaPavement AreaBuilding Area73,181 sf45,564 sf18,209Trees Required x 100%(Sections 4.06.05 C.4)TREES AND SHRUBSb. Shrubs 100% Nativea. Trees < 100%> 10', 1.75" Cal., 4' spd.65VII.Native Trees Provided (Include one existing tree)Native Trees Required3565Tree Species Required5Type "A" - Minimum Width = 10 ft.Type "B" - Minimum Width = 15ft. 80% Opaque within one year - 6' tall. May include a fence.L.F. / 30 =(Section 4.06.02 & Table 2.4)(Pavement Area)Based on 1 tree / 3000 sf of pervious lot area - 9,408 sfMINIMUM NUMBER OF CANOPY TREES REQUIREDLANDSCAPE CALCULATIONS PERIMETER BUFFERING (Alternatives "A,B,C")RIGHT-OF-WAY LANDSCAPING(Alternative "D")VEHICULAR USE AREA (Section 4.06.03 B.1)(Perimeter L.F.)(Perimeter L.F.)L.F. / 25(Perimeter ofSite adjacent to R.O.W.II.NA833+III.NAI.10% x(Required)(# Trees Required)NAxx33/ 30 =L.F.Treesxx(# Trees Required)(# Trees Required)33TreesTrees NA4,556.4Landscape Area)(Required InteriorS.F. =45,564S.F. (# Trees Provided)(# Trees Provided)NA(Including 1 ex. tree)(Provided)33(# Trees Provided)12L.F. x 25%. x 10'BUILDING PERIMETER PLANTINGS - Building 1(Based on 4.06.05.B.4)(Building Perimeter)IV.226(SF Foundation Plantings Req.) 565 SF( Provided)565 SF(# Trees Required)S.F./300 =2(# Trees Provided)2565(SF Foundation Plantings Req.) (Section 4.06.02 C.4)(# Trees Provided)4,556.4Landscape Area)(Required InteriorS.F. / 250 =18182,687Landscape Area)(Provided InteriorS.F. xxTrees(# Trees Required)18SPECIFICATIONSNOTESAll Plants shall be Florida No.1 or better.Contractor shall be familiar w/ Collier County Land Dev. CodeContractor shall verify all quantities indicated at time of bid.All contractors working on the project shall be licensed and fully insured as required.The Contractor is responsible for replacement of all dead plant materials that occurs during the warrantee period.Tress and palm staking shall be removed between 6 and 12 months by the Contractor.WARRANTEE:*All trees and palms shall be warranted for one year from final acceptance.*Shrubs shall be warranted for six months from final acceptance.*Sod and annuals shall be warranted for three months from final acceptance.Contractor is responsible to fertilize all new trees, palms, shrubs, and ground covers with low release fertilizerw/minors at installation.The Contractor shall be responsible for providing a complete and operable system for the irrigation of all newlandscape plantings on site. Plans and specifications may not indicate all items necessary for the proper irrigationof the project. This shall not relieve the contractor of his responsibility to furnish labor, materials and equipmentrequired for a complete and proper system.The Contractor shall be responsible for adjusting head location, type, size, and any other system components tocomply with the requirements of the landscape planting as installed. Such adjustments shall be made whenauthorized in writing by owner. Such adjustments will be compensated at the prices indicated in the proposal.Contractors shall personally examine the site and fully acquaint themselves with all of the existing conditions inorder that no misunderstanding may afterwards arise to the character or as to the extent of the work to be doneand, likewise, in order to advised and acquaint themselves with all precautions to be taken in order to avoid injuryto person or property.PLANTING MATERIAL: The contractor shall make every possible effort to avoid existing plant material that has beentagged for preservation. Where such material falls in the path of trenching, the Contractor shall reroute the pipeor hand trench as necessary, to protect the designated plant material. Any damage caused by the contractor tonewly introduced plant material or sod shall be restored to its original condition prior to final acceptance.WaterN.T.S.2 Pieces of Rubber Hose14 Gauge Galvanizedwire and twistedDiamater of Hole is to3" Mulchbe 50% larger thandiamater of root ballStake: 2 x 2 PT PineTree Staking DetailRemove Burlap from topof Rootballby the Owner.Construct Saucer to retainBackfill MixTree Stakes are to be removed between 6-12 monthsSITE DIMENSIONS PROVIDED BY OTHERS ASSUMED TO BE CORRECT.Date:NorthScale:D-1THIS PLAN REMAINS THE PROPERTY OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC. THIS PLAN CAN NOT BE USED IN FULL OR IN PART WITHOUT THE WRITTEN APPROVAL OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC.LC2600464ISAACSONLANDSCAPEARCHITECTURE G R O U P239-353-3505dan@IsaacsonGroup.com293 MONTEREY DRIVENAPLES, FL 34119Daniel R. Isaacson, RLALA #00015121"=20'8/18/2018LANDSCAPE PLAN WITH DEVIATION FOR:
WALKERS COON KEY MARINABASE INFORMATION PROVIDED BY GINA GREEN P.E.Rev: 1/31/2019604 PALM AVENUERev: 3/25/2019Rev: 4/8/2019Rev: 6/21/2019Rev: 7/13/20193.B.iPacket Pg. 233Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
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Packet Pg. 246 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
(CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT)
A zoning signs) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar
days in advance of the first public hearing and said signs) must be maintained by the petitioner or the petitioner's agent through
the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not
be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative
Code, Chapter 8 E.
1. The signs) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or
easement.
2. The signs) must be securely affixed by nails, staples, or other means to a wood frame or to a wood pane] and then fastened
securely to a post, or other structure. The sign may not be affixed to a tree or other foliage.
3. The petitioner ox the petitioner's agent must maintain the signs) in place, and readable condition until the requested action
has been heard and a final decision rendered. If the signs) is destroyed, lost, or rendered unreadable, the petitioner or the
petitioner's agent must replace the signs
NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE
RETURNED N4 LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE
ASSIGNED PLANNER.
AFFIDAVIT OF POSTING NOTICE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Gina R. Green, P.E.
WHO ON OATH SAYS THAT HE/~I~~IF,JHAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER
PL20200000998 & 20180002114
3310 1st Avenue NW
SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX
Gina R. Green, P.E. Naples, FL 34120
NAME (TYPED OR PRINTED)CITY, STATE ZIP
STATE OF FLORIDA
COUNTY OF COLLIER
`cam
The foregoing instrument was sworn to and subscribed before me this ~Z~" day of — ~, 20Z-~, by
Gina R. Green, P.E. ,personally known to me or who produced
and who did/did not take an oath. ~
_--
Notary Public State of Fbrida Signahue of Notary Pu lic
~ ~ Anita M. Senicola
~a ~~My Commission GG 918753 /
Expires 10/02/2023 ~
~rinted Name of Notary Public
M y Commission Expires:
(Stamp with serial number)
as identification
Rev. 3/4/2015
DocuSign Envelope ID: 9BBA3626-3D72-407F-8AA5-D964FACA60CD
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 3/2/17 Page 1 of 9
Application:
Site Development Plan (SDP)
Site Development Plan Amendment (SDPA)
LDC Section 10.02.03 and other provisions of the LDC
Chapter 4 of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Owner: _____________________________________________________________________________________
Address: _______________________________________ City: ____________________ State: _________ ZIP: _________
Telephone: _________________________ Cell: ___________________________ Fax: ____________________________
E-Mail Address: _____________________________________________________________________________________
Name of Agent/Applicant: ______________________________________________ Firm: ___________________________
Address: _______________________________________ City: ____________________ State: _________ ZIP: _________
Telephone: _________________________ Cell: ___________________________ Fax: ____________________________
E-Mail Address: _____________________________________________________________________________________
PROPERTY INFORMATION
Project Name: ________________________________________________________________________________________
Original SDP # or AR/PL # (if applicable): __________________________________________________________________
Location of Subject Property (proximity to closest major intersection or road): ___________________________________
____________________________________________________________________________________________________
Section/Township/Range: ________ /________ /________ Property I.D. #: ______________________________________
Subdivision: ________________________________________ Unit: __________Lot: ____________ Block: ___________
Total Area of Project: # Units _________________ Density _______________ Non- Residential Sq Ft _____________
Current Zoning Designation: __________________________
Zoning Approval(s): List the case number(s), ordinance and/or Resolution Number(s) of any Zoning, Conditional use,
Variance, Administrative Parking Reduction, HEX, or other applicable zoning actions, requested or approved for the
property._____________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
For Staff Use
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Packet Pg. 249 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 3/2/17 Page 2 of 9
DESCRIPTION OF PROPOSED PROJECT OR AMENDMENT
On a separate sheet attached to the application, provide a cover letter describing in detail the proposed
project or proposed changes, including any discussions with the assigned planner that may be pertinent to the
review of the application, and the sheet numbers of the plans affected by the change if applicable.
ADJACENT ZONING & LAND USE
Zoning Land Use
N
S
E
W
Pre-Application Meeting and Submittal Requirement Checklist for:
Site Development Plan (SDP) or Site Development Plan Amendment (SDPA)
Chapter 4 of the Administrative Code
The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of
application submittal. See Chapter 4 of the Administrative Code for submittal requirements. Incomplete
submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
STANDARD REQUIREMENTS:
Completed Application (download current form from the County website) 1
Cover Letter explaining the project 1
Completed Addressing Checklist 1
Pre-application meeting notes 1
Site Development Plan (SDP or SDPA) (signed & sealed) including cover sheet 6
PUD Monitoring Schedule 1
PUD monitoring report 1
PUD Ordinance and Development Commitment Information, as applicable
(digital only) 1
Affidavit of Authorization & Evidence of Authority 1
Boundary and Topographic Survey (less than 6 months old) 6
Opinion of Title or property owner statement/Affidavit 1
Recorded Deed or contract for sale (non-recorded deeds or Property
Appraiser print-outs will not be accepted) 1
Fee Calculation Worksheet & Review fees, signed 1
Copy of Site Development Plans (DWG or DFX format) on CDROM disc in State
Plane NAD83 feet Florida Ease Coordinates 1
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Packet Pg. 250 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 3/2/17 Page 3 of 9
ARCHITECTURAL OR NON-ARCHITECTURAL REVIEW: # OF
COPIES REQUIRED NOT
REQUIRED
For projects subject to Architectural Review:
Architectural plans must be 1/8” scale minimum (signed & sealed), including:
Every Façade of each building must be shown on Architectural plans
Building cross sections or typical wall sections
Dumpster details: height, material and color
Light pole details or cut sheet: height, material and color
Color paint chips and roof color paint chips or samples
Floor plans and building elevations
One color rendering of proposed building
This project qualifies for a separate “Alternative Architectural Design”
submittal per 5.05.08.F. Additional fees ($500.00) and submittal application is
required.
6
For projects NOT subject to Architectural Review:
For projects not requiring architectural review: Floor plans and elevations
with dimensions. This information, showing floor area by use, is intended
only to determine that the use is compatible with the zoning, establish
parking requirements, and show building height measurements meeting
Code. Full architectural or construction drawings are not needed.
6
COA:
Completed Certificate of Adequate Public Facilities Application, including the
application fee and estimated Transportation Impact Fee calculations. 2
FIRE:
Location of existing and proposed fire hydrants 2
Fire Flow tests from Fire Department (no more than 6 months old) 2
Information in the Standard Building Code, type of construction, total square
footage under roof, occupancy/use, fire sprinkler data, PLEASE
INCLUDE THIS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF
THE SITE PLANS
2
ENVIRONMENTAL:
Environmental Data Requirements 1
Conservation easement including signed and sealed legal description and
boundary survey for preserve – include protective language, sketch and
description in construction plans; contact review staff for current version
1
Listed Species Survey; less than 12 months old. Include copies of previous
surveys 1
Preserve Management Plan – provided on the site plan
1
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Packet Pg. 251 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 3/2/17 Page 4 of 9
TRANSPORTATION: # OF
COPIES REQUIRED NOT
REQUIRED
Transportation Impact Study or waiver (with applicable fees) 2
STORMWATER:
Engineer’s Report, signed & sealed, with assumptions and explanations, by a
Florida registered professional engineer containing the following:
Completed calculations used to design the facilities, including but not
limited to all water, sewer, road, water management systems, and all
accessory facilities, public or private;
Drainage calculations including 10 year 1 day; 25 year 3 day;
100 year 3 day storm routings
Detailed hydraulic grade line pipe design calculations utilized to design
the stormwater management facilities for the subdivision or
development;
Geo-technical report with soil boring results
Engineering Review Checklist, signed and sealed by the applicant’s
professional Engineer;
Engineer’s Opinion of probable cost (Paving, grading, Drainage)
Status of all other required permits including copies of information
and data submitted to the appropriate permitting agencies.
1
UTILITIES:
If within Collier County Public Utilities Service Area- Engineer’s Report, signed
& sealed, containing the following:
Estimated cost of utilities construction, Water & Sewer calculations
Sewer Hydraulics
Lift station hydraulics to first downstream master station
Lift station buoyancy calculations
Chloramine Dissipation Report
Detailed hydraulic design calculations utilized to design the water
and sewer facilities regulated by the County.
1
Water and/or Sewer availability letter 1
DEP utility installation permits (water/sewer) 1
Water Meter Sizing Form 1
LIGHTING:
Lighting Plans, signed and sealed by a professional Engineer licensed to
practice in the State of Florida or the utility provider 6
LANDSCAPE & IRRIGATION:
Landscape & Irrigation Plans, signed and sealed by a landscape architect
registered in the State of Florida
6
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Packet Pg. 252 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 3/2/17 Page 5 of 9
SCHOOL CONCURRENCY: # OF
COPIES REQUIRED NOT
REQUIRED
Estimated School Impact Analysis Application – residential projects only
(download the School Impact Analysis Application from website)
School Concurrency - If the proposed project includes a residential
component, you are required to contact the School District of Collier County
at 239-377-0267 to discuss school concurrency requirements.
1
OTHER:
Electronic copies of all documents and plans in PDF Format and a CD of plans
in CAD Format 1
OTHER COLLIER COUNTY PERMITS
(IF REQUIRED THEY MUST BE SEPARATE APPLICATIONS)
Right-of-Way permit application (County/FDOT)
Blasting Permit (BLST)
Early Work Authorization (EWA)
Excavation Permit (EX)
Vegetation Removal and Site Filling Permit (VRSFP)
OTHER AGENCIES PERMITS (MAY BE REQUIRED):
Permits: All Federal, State and local permits, including but not limited to the
following, shall be submitted prior to construction and before the pre-
construction meeting. If approved by the County Manager or designee, an
applicant may submit Federal, State and local agency permits at the pre-
construction meeting.
• SFWMD Permit, Permit Modification, or waiver, including staff report
exhibits;
• DEP utility installation permits, water/sewer;
• Right-of-Way Permit; and
• US Army Corps of Engineers permit and exhibit, if applicable.
1
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Packet Pg. 253 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
GINA R. GREEN, P.A.
PROFESSIONAL
CIVIL ENGINEER
Phone: 239-348-0500
Mobile: 239-229-6238
Fax: 866-720-4823
Email: ggreeneng@aol.com
3310 1st Avenue NW
Naples, Florida 34120
Intake Team
Collier County—Growth Management Division
2800 North Horseshoe Drive
Naples, Florida 34104
RE: Walker Coon Key Marina - 604 Palm Avenue, Goodland, FL
Site Development Plan Amendment to 2008-AR-13409, SDPI-PL2009002522 & SDPI-PL20180002423
To Whom It May Concern:
Please accept this letter as a request for review and approval for a Site Development Plan Amendment for the Walker’s Coon
Key Marina to add the northern portion of Building #4 that was destroyed in Hurricane Wilma back into the SDP plans which was
omitted in the SDP 2008 AR-13409 application for the Ship’s Store. All of the remaining boat storage buildings were destroyed in
Hurricane Irma. This SDPA has a companion item for a Site Plan with Deviations to allow the reconstruction of the added portion
along with the replacement of the balance of Building #4 to be located in its existing location of 6’ from the east property line.
This marina sustained substantial damage to the boat storage structures and the docks during Hurricane Irma. The site was already
redeveloped with new parking, landscaping and water management in 2009 when the ships store was reconstructed. These site im-
provements will remain. There is a reduction in the number of boats that will be stored in the new buildings from 130 spaces to 122
spaces. There is no increase to the impervious area of the site. All existing improvements will remain as constructed. Minor repairs
due to Hurricane Irma will be repaired during the building reconstruction.
This application will be electronically submitted and will include the following items:
November 20, 2018
1. SDPA Application
2. Cover letter/project description
3. Addressing Checklist
4. Pre-app notes
5. Email from Chris Scott regarding the SDPA pre-app meeting
6. SDPA Plans, signed & sealed
7. Affidavit of Authorization
8. Boundary & Topographic Survey
9. Survey Affidavit
10. Deed
11. Fee Calculation Worksheet & Review Fees, signed/EOPC– Engineering Site Plan
12. Email to GIS CAD file in State plane NAD83 Feet Florida East Coordinates
13. Architectural Floor Plan & Section View of Storage Building
14. Location of Fire Hydrants & Building Info on Cover Page (in SDPA Plans)
15. Engineer’s Report
16. Landscape & Irrigation Plans
Please call me if you have any questions or need additional information.
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Packet Pg. 254 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
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See attached.
46372720001
604 Palm Ave, Goodland., FL
Walker Hideaway Marina Coon Key
2008-AR13409
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Packet Pg. 255 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
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Approved by: Date:
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IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
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Gina R. Green, P.A.
239-348-0500 ggreeneng@aol.com
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Packet Pg. 256 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
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Packet Pg. 262 Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 3/2/17 Page 7 of 9
Fee Calculation Worksheet
Site Development Plan (SDP) Review Fees Site Development Plan
Amendment (SDPA) Review Fees
Residential only: Base fee of $5,000.00, plus $100.00
per residential structure, and $40.00 per dwelling unit.
Number of Buildings:
Number of D/U:
$
Residential only: Base fee of $2,500.00, plus $100.00
per residential structure, and $40.00 per dwelling unit.
Number of Buildings:
Number of D/U:
$
Non-residential only: Base fee of $5,000.00, plus
$200.00 per non-residential structure, and $0.10
per sq.ft.
Number of Buildings:
Total Square Footage:
$
Non-residential only: Base fee of $2,500.00, plus
$200.00 per non-residential structure, and $0.10
per sq.ft.
Number of Buildings:
Total Square Footage:
$
When a building consists of both residential and non-
residential (commercial, retail, office) uses, the
following fees will apply:
• $5,000.00 Base fee for SDP
• $200.00 per structure
• $40.00 per residential dwelling unit
$0.10 per square foot of non-residential floor area except
for parking garage structures shall be calculated at
$0.05 per gross square foot of floor area (sq.ft.
x$0.10) (sq. ft. x$0.05)$
When a building consists of both residential and non-
residential (commercial, retail, office) uses, the
following fees will apply:
• $2,500.00 Base fee for SDPA
• $200.00 per structure
• $40.00 per residential dwelling unit
$0.10 per square foot of non-residential floor area except for
parking garage structures shall be calculated at $0.05 per
gross square foot of floor area (sq.ft. x$0.10) (sq.
ft. x$0.05)$
Fire Review: $200.00
Fire Review: $150.00
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 3/2/17 Page 8 of 9
Utility Plan Review and Inspections:
Construction Document Review: 0.75% of probable water and/or sewer construction costs
Cost Estimate $ $
Construction Inspection: 2.25% of probable water and/or sewer construction costs (due prior to
pre-con meeting)
Cost Estimate $ $
Engineering Site Plan Review:
Construction Document Review: 0.75% of probable Paving, Grading, Drainage, Lighting, Code
Minimum Landscaping, and any other appurtenant cost of construction.
Cost Estimate $ $
Construction Inspection: 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum
Landscaping, and any other appurtenant cost of construction (due prior to pre-con meeting)
Cost Estimate $ $
Traffic Impact Study Review:
Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting*
*Additional Fees to be determined at Methodology Meeting $
Minor Study Review: $750.00 $
Major Study Review: $1,500.00 $
Utilities:
Utility Modeling and Analysis fee: $1,000.00 (only applies if zoned PUD or DRI) $
Environmental:
Site Clearing Permit: $250.00 for the first acre or fraction of an acre and $50.00 for each additional
acre or fraction of an acre ($3,000.00 maximum) # of acres $
Listed or Protected Species Review, when an EIS is not required: $1,000.00 $
Conservation Easement Review: $300.00 application fee plus the following additional site fee:
• $200.00 for CE acres less than 5 acres;
• $400.00 for CE acres between 5 and 10 acres;
• $600.00 for CE area greater than 10 acres and less than 20 acres;
• $800.00 for CE areas between 20 and 50 acres; and
• An additional $200.00 for every 40 acres of CE over 50 acres. # of acres $
Other:
COA Review: $200.00 plus $25.00 per residential dwelling unit, or $25.00 per 1,000 sq. ft.
Commercial ($5,000.00 maximum).
School Concurrency Review, if required: $
* Mitigation Fees, if applicable, to be determined by the School District in coordination with the
County
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 3/2/17 Page 9 of 9
Other Fee, if applicable: ______________________ $
________________________ $
Fee Subtotal $
Pre-application fee credit, if applicable $
Total Fees Required: $
______________________________________________ _________________
Applicant/Agent Signature Date
All checks payable to: Board of County Commissioners
The completed application, all required submittal materials and fees shall be submitted to:
Growth Management Department/ Development Services
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
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WALKER'S COON KEY MARINAENGINEER'S OPINION PROBABLE COST11/20/2018Botanical/CommonCont SizeSpec. QTYUnit CostTotalCONOCARPUS ERECTUS / GREEN BUTTONWOOD25 GAL1.75"CAL10` HT., 4` SPREAD6 250.00$ 1,500.00$ ILEX CASSINE / DAHOON HOLLY30 GAL1.75"CAL10` HT., 4` SPREAD1 275.00$ 275.00$ TAXODIUM DISTICHUM / BALD CYPRESS25 GAL1.75"CAL10` HT., 4` SPREAD3 250.00$ 750.00$ CONOCARPUS ERECTUS / GREEN BUTTONWOOD10 GAL4`‐5` OA6 50.00$ 300.00$ CHRYSOBALANUS ICACO `RED TIP` / RED TIP COCOPLUM 3 GAL18" ‐24" OA32 10.00$ 320.00$ MUHLENBERGIA CAPILLARIS / PINK MUHLY3 GAL15"‐18" OA21 10.00$ 210.00$ HELIANTHUS DEBILIS / DUNE SUNFLOWER2.5" POT24" OC7 5.00$ 35.00$ PASPALUM NOTATUM / BAHIA GRASSSODPALETTE2325 0.35$ 813.75$ 2" Crushed Seashell925 SF1.00$ 925.00$ 3" SHREDDED COCO BROWN MULCH OR OTHER5.4 CY75.00$ 405.00$ TOTAL5,533.75$ Prepared by: Dan Isaacson, LSAPage 1 OF 13.B.iPacket Pg. 266Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon
Engineer’s Report
WALKER’S COON KEY MARINA
604 Palm Avenue
Goodland, FL 34140
Section 18, Township 52 South, Range 27 East
Collier County, Florida
Date: November 20, 2018
Prepared for:
WR REAL ESTATE LLP
785 Bald Eagle Drive
Marco Island, FL 34145
Prepared By:
Gina R. Green, P.E.
3310 1st Avenue NW
Naples, FL 34120
(239) 348-0500
(866) 720-4823
ggreeneng@aol.com
Approved By:
_____________________________
Gina R. Green, P.E.
FL Reg. 46608
Date:________________________
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Engineer’s Report Contents
1.Project Description
2.Water Distribution System Design Criteria
3.Sewer Collection System Design Criteria
a. Pump Station Analysis Report
4.Drainage Culvert Sizing & Water Management Report
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Engineer’s Report
Walker’s Coon Key Marina
1. Project Description
Walker’s Coon Key Marina is a 1.681 AC commercial project located in Section 18,
Township 52 South, Range 27 East. The project lies on the south side of Palm Avenue at
the end of Palm Avenue. The project takes access from the Palm Avenue cul-de-sac.
There is an existing entry to the property from this right-of-way and will remain. The site
is existing and was permitted under the following applications with Collier County: SDP
89-159, SDPA-2008-AR-13409, SDPI-PL2009002522 & SDPI20180002423.
The project parcel is 1.681 acres. The zoning classification for the parcel is C-4 GZO
(Commercial with Goodland Zoning Overlay). The site has been a marina for
approximately 30 years. The present owner purchased the marina in 2003. The ships
store was demolished and reconstructed in 2008 under SDPA-20080AR-13409. The two
SDPI applications was to convert the parking area to paver brick and construction of new
docks. There were 3 storage buildings that were existing and had a capacity to store 130
boats. The site was damaged by Hurricane Wilma in 2005, which damaged the north
portion of Building #4 which required demolition of this portion of the structure. The
remaining storage buildings were destroyed in Hurricane Irma in 2017. The ship’s store
had minor damage but only needed repairs. Buildings #2 & #3 have already been issued
permits under the Hurricane Reconstruction Ordinance. Building #4 has the issue that
when it was originally approved, there was no required setback or buffer easement along
the east property line. Since their original construction, the codes have been changed and
this property line now requires a 15 foot landscape buffer along this property line due to
the residential use on the C-4 GZO zoned property to the east. The existing buildings
were constructed at a 6’ setback from this east property line. A Site Plan with Deviations
to allow for these buildings to be reconstructed at the 6’ setback is a companion submittal
with the SDPA. This companion application will address this reduction to the buffer and
landscaping needed to meet the buffer requirements. A landscape buffer exists in this
area that has buffered this use from the residential use for many years. Most of this
buffer is existing and will be revegetated to meet present day codes.
The utilities, Ship’s Store, parking areas and docks will remain as permitted and/or
constructed. There will be no improvements to these existing improvements other than
minor repairs to items damaged in Hurricane Irma.
The proposed storage buildings will be constructed to allow for larger boats, which
reduces the total capacity of storage from 130 spaces to 122 spaces. This will reduce the
average trips per day of the site and creates less impact to the roadways and essential
services.
This SDPA is required due to the omission of the northern end of Building #4 that was
damaged in Hurricane Wilma. The SPDA-2008-AR-13409 omitted this portion of the
building when the ship’s store was reconstructed.
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2.Water Distribution System Design Criteria
The water distribution will be provided by Collier County Water Sewer District. The
potable water and fire protection will be provided by an existing 4” PVC water main that
obtains its service from the existing water main in the Palm Avenue right-of-way. The
commercial building will not require a fire sprinkler system. The site has access to an
existing fire hydrant located on its eastern side of the entry road to the marina. The site is
served by an existing 1” potable meter & service line. The irrigation system will be
provided by a 2” irrigation meter. The existing potable water meter is located at the entry
to the site on the east side of the roadway.
No changes are proposed for the site therefore these meters will remain and no
improvements are required.
The existing fire hydrant that has served this property will remain. All of the new storage
buildings will be constructed in the same locations as the damaged buildings, therefore
this hydrant is sufficient to meet the fire requirements of this site.
3.Sewer Collection System Design Criteria
The sewer collection and treatment system for this site is a private septic system and will
remain as permitted and constructed. None of the storage buildings require any sewer
service, therefore this system is adequate for the site.
4. Drainage Culvert Sizing & Water Management Report
The site has permitted existing water management retention areas. These areas will
remain as constructed. Since the replacement of the storage buildings are within the foot
print of the prior buildings there is no additional impervious area proposed for the site
therefore no additional impact is proposed to the existing system.
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"B" BUFFER-15' WIDE"B" BUFFER -15' WIDEEX.COCO PLUM HEDGE TO REMAINC-4VRGC-4-GZO43DLEEx. Areca PalmEX. SEAGRAPE AND MANGROVE326 sfPNBahia GrassEX. MANGROVES TO REMAINW A T E R W A YE
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KRip-RapRip-RapStepsConcStepsConcEX. PVC & Wood DockEX. PVC & Wood DockEX. PVC & Wood DockC2PARKINGEX. BICYCLEHC PARKINGHC PARKING EX.BACKFLOWBuilding 4 Addition (New)Building 4 Existing(Prior to Hurricane Irma)ERL4Golden CreeperEX. PYGMY DATE TO REMAINBuilding 2 Existing(Prior to Hurricane Irma)Building 3 Existing(Prior to Hurricane Irma)Building 1 Existing(Prior to Hurricane Irma)±5' Wide Rip RapEX. RETENTION AREAMU-022CE2Green Buttonwood6CEGreen Buttonwood - Shrub Form9ERLGolden Creeper15ERLGolden CreeperERL14Golden Creeper14ERLGolden Creeper1CE2Green Buttonwood1QVLive OakQV1Live Oak1QVLive Oak1QVLive Oak1BSGumbo Limbo2CE2Green ButtonwoodCR30Red Tip CocoplumZAF24CoontieTD20Half-a-hatchee GrassCR16Red Tip Cocoplum1,793 sfPNBahia Grass17TDHalf-a-hatchee Grass12CRRed Tip CocoplumAR3Red Maple1CE2Green ButtonwoodCE22Green Buttonwood3MBSouthern MagnoliaCO2Satinleaf50ISSchillings Holly19TDHalf-a-hatchee Grass842 sfSFFloritam Sod4ARRed Maple15.0
'TD11Bald Cypress2COSatinleafM-1011TD1Bald Cypress (CANOPY TREE)EX.COCONUT TO REMAINDENOTES FOUNDATION TREESDENOTES VEHICULAR USE TREESDENOTES BUFFER TREES(2 Relocated parking island trees)CE23Green ButtonwoodCE22Green Buttonwood (CANOPY TREES)*EXISTING IRRIGATION SYSTEM WILL BE REPAIRED AND/OR RETROFITTED AS NECESSARYTO PROVIDE 100% COVERAGE & SEPARATION OF HIGH AND LOW WATER USE. BAHIA SOD NOT TO BE IRRIGATED.Ex. Rip Rap and Stone to Remain1BSEEx. Gumbo LimboSITE DIMENSIONS PROVIDED BY OTHERS ASSUMED TO BE CORRECT.Date:NorthScale:L-1THIS PLAN REMAINS THE PROPERTY OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC. THIS PLAN CAN NOT BE USED IN FULL OR IN PART WITHOUT THE WRITTEN APPROVAL OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC.LC2600464ISAACSONLANDSCAPEARCHITECTURE G R O U P239-353-3505dan@IsaacsonGroup.com293 MONTEREY DRIVENAPLES, FL 34119Daniel R. Isaacson, RLALA #00015121"=20'10/27/18SDPA LANDSCAPE/IRRIGATION PLAN FOR:
WALKERS COON KEY MARINABASE INFORMATION PROVIDED BY GINA GREEN P.E. AND SQUARE'S LANDCAPING INC. - SDPA-2008-AR-13409Rev: 1/29/2019 604 PALM AVENUERev: 3/25/2019Rev: 4/8/2019Rev: 6/21/2019Rev: 7/13/20193.B.iPacket Pg. 292Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
SPECIFICATIONSNOTESAll Plants shall be Florida No.1 or better.Contractor shall be familiar w/ Collier County Land Dev. CodeContractor shall verify all quantities indicated at time of bid.All contractors working on the project shall be licensed and fully insured as required.The Contractor is responsible for replacement of all dead plant materials that occurs during the warrantee period.Tress and palm staking shall be removed between 6 and 12 months by the Contractor.WARRANTEE:*All trees and palms shall be warranted for one year from final acceptance.*Shrubs shall be warranted for six months from final acceptance.*Sod and annuals shall be warranted for three months from final acceptance.Contractor is responsible to fertilize all new trees, palms, shrubs, and ground covers with low release fertilizerw/minors at installation.The Contractor shall be responsible for providing a complete and operable system for the irrigation of all newlandscape plantings on site. Plans and specifications may not indicate all items necessary for the proper irrigationof the project. This shall not relieve the contractor of his responsibility to furnish labor, materials and equipmentrequired for a complete and proper system.The Contractor shall be responsible for adjusting head location, type, size, and any other system components tocomply with the requirements of the landscape planting as installed. Such adjustments shall be made whenauthorized in writing by owner. Such adjustments will be compensated at the prices indicated in the proposal.Contractors shall personally examine the site and fully acquaint themselves with all of the existing conditions inorder that no misunderstanding may afterwards arise to the character or as to the extent of the work to be doneand, likewise, in order to advised and acquaint themselves with all precautions to be taken in order to avoid injuryto person or property.PLANTING MATERIAL: The contractor shall make every possible effort to avoid existing plant material that has beentagged for preservation. Where such material falls in the path of trenching, the Contractor shall reroute the pipeor hand trench as necessary, to protect the designated plant material. Any damage caused by the contractor tonewly introduced plant material or sod shall be restored to its original condition prior to final acceptance.Total Site AreaPavement AreaBuilding Area73,181 sf45,564 sf18,209 sfTrees Required x 100%(Sections 4.06.05 C.4)TREES AND SHRUBSb. Shrubs 100% Nativea. Trees < 100%> 10', 1.75" Cal., 4' spd.65VII.Native Trees Provided (Include one existing tree)Native Trees Required3565Tree Species Required5Type "A" - Minimum Width = 10 ft.Type "B" - Minimum Width = 15ft. 80% Opaque within one year - 6' tall. May include a fence.L.F. / 30 =(Section 4.06.02 & Table 2.4)(Pavement Area)Based on 1 tree / 3000 sf of pervious lot area - 9,408 sfMINIMUM NUMBER OF CANOPY TREES REQUIREDLANDSCAPE CALCULATIONS PERIMETER BUFFERING (Alternatives "A,B,C")RIGHT-OF-WAY LANDSCAPING(Alternative "D")VEHICULAR USE AREA (Section 4.06.03 B.1)(Perimeter L.F.)(Perimeter L.F.)L.F. / 25(Perimeter ofSite adjacent to R.O.W.II.NA833+III.NAI.10% x(Required)(# Trees Required)NAxx33/ 30 =L.F.Treesxx(# Trees Required)(# Trees Required)33TreesTreesNA4,556.4Landscape Area)(Required InteriorS.F. =45,564S.F. (# Trees Provided)(# Trees Provided)NA(Including 1 ex. tree)(Provided)33(# Trees Provided)12L.F. x 25%. x 10'BUILDING PERIMETER PLANTINGS - Building 1(Based on 4.06.05.B.4)(Building Perimeter)IV.226(SF Foundation Plantings Req.) 565 SF( Provided)565 SF(# Trees Required)S.F./300 =2(# Trees Provided)2565(SF Foundation Plantings Req.) (Section 4.06.02 C.4)(# Trees Provided)4,556.4Landscape Area)(Required InteriorS.F. / 250 =18182,687Landscape Area)(Provided InteriorS.F. xxTrees(# Trees Required)18Pervious Area9,408 sfTree Stakes are to be removed between 6-12 monthsTree Staking DetailConstruct Saucer to retainBackfill MixRemove Burlap from topof Rootballby the Owner.Diamater of Hole is to2 Pieces of Rubber HoseMulchbe 50% larger thandiamater of root ball14 Gauge GalvanizedStake: 2 x 2 PT Pinewire and twisted*ALL NEW PLANTINGS ARE TO BE 100% NATIVE *EXISTING IRRIGATION SYSTEM WILL BE REPAIRED AND/OR RETROFITTED AS NECESSARY*INVASIVE PLANTS SHALL BE REMOVED AND MAINTAINED IN PERPETUITY.Tree Availability/Substitution and Future Replacements: If specified trees are unavailable or need to be replaced in the future, the following varieties of treesmay be used as substitutions, or interchanged, for the trees listed above: Green or Silver Buttonwood,Satin Leaf, Pigeon Plum, Geiger, Gumbo Limbo, Live Oak, Red Maple, Southern Magnolia and BaldCypress. Trees species specified in SDPA-2008-AR-13409 may aslo be replaced with the trees listedabove. All trees are to be Code minimum at planting.Shrub-Groundcover replacements in the future may be any 100% native variety that grows in SW Florida.Shrub-Groundcover Availability/Substitution and Future Replacements: TO PROVIDE 100% COVERAGE & SEPARATION OF HIGH AND LOW WATER USE. BAHIA SOD NOT TO BE IRRIGATED.PLANT SCHEDULEMULCHSYMBOLDESCRIPTIONQTYDETAIL2" CRUSHED SEASHELL.890 SFSYMBOLDESCRIPTIONQTYDETAIL3" SHREDDED COCO BROWN MULCH. 20.13 CYM-101MU-02REFERENCE NOTES SCHEDULE*MULCH NOT TO CONTAIN MORE THAN 25% CYPRESS.TREESQTYBOTANICAL / COMMON NAMECONTSIZESPEC.AR7ACER RUBRUM / RED MAPLE25 GAL 1.75"CAL10`-12` OA., 4` SPREADBS1BURSERA SIMARUBA / GUMBO LIMBO25 GAL 1.75"CAL10`-12` OA., 4` SPREADCE213 CONOCARPUS ERECTUS / GREEN BUTTONWOOD25 GAL 1.75"CAL10`-12` OA., 4` SPREADCO4CHRYSOPHYLLUM OLIVIFORME / SATINLEAF25 GAL 1.75"CAL10`-12` OA., 4` SPREADMB3MAGNOLIA GRANDIFLORA `D.D. BLANCHARD` TM / SOUTHERN MAGNOLIA 25 GAL 1.75"CAL10`-12` OA., 4` SPREADQV4QUERCUS VIRGINIANA / LIVE OAK25 GAL 1.75"CAL10`-12` OA., 4` SPREADTD12TAXODIUM DISTICHUM / BALD CYPRESS25 GAL 1.75"CAL10`-12` OA., 4` SPREADEXISTINGQTYBOTANICAL / COMMON NAMECONTSIZESPEC.BSE1BURSERA SIMARUBA / EX. GUMBO LIMBOTO REMAINDLE43 DYPSIS LUTESCENS / EX. ARECA PALMTO REMAINSHAREDSHRUBSQTYBOTANICAL / COMMON NAMECONTSIZESPEC./SPACINGCE6CONOCARPUS ERECTUS / GREEN BUTTONWOOD - SHRUB FORM10 GAL 5` OA, 3` SPREAD 4` OCCR58 CHRYSOBALANUS ICACO `RED TIP` / RED TIP COCOPLUM3 GAL 18" -24" OA 3` OCIS50 ILEX VOMITORIA `SCHILLINGS` / SCHILLINGS HOLLY3 GAL 12"-14" OA2` OCTD56 TRIPSACUM X DACTYLOIDES / HALF-A-HATCHEE GRASS3 GAL 15"-18" OA3` OCZAF24 ZAMIA PUMILA / COONTIE3 GAL 15"-18" OA3` OCGROUND COVERSQTYBOTANICAL / COMMON NAMECONTSIZESPACINGERL56 ERNODEA LITTORALIS / GOLDEN CREEPER1 GAL 12"-15" OA3` OCSODQTYBOTANICAL / COMMON NAMECONTSIZESPACINGPN2,119 SF PASPALUM NOTATUM / BAHIA GRASSSODPALETTESF842 SF STENOTAPHRUM SECUNDATUM / FLORITAM SODSODPALETTE(9.5% of pervious)Rev: 1/29/2019 SITE DIMENSIONS PROVIDED BY OTHERS ASSUMED TO BE CORRECT.Date:NorthScale:L-2THIS PLAN REMAINS THE PROPERTY OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC. THIS PLAN CAN NOT BE USED IN FULL OR IN PART WITHOUT THE WRITTEN APPROVAL OF ISAACSON LANDSCAPE ARCHITECTURE GROUP, INC.LC2600464ISAACSONLANDSCAPEARCHITECTURE G R O U P239-353-3505dan@IsaacsonGroup.com293 MONTEREY DRIVENAPLES, FL 34119Daniel R. Isaacson, RLALA #0001512N.T.S10/27/2018SDPA LANDSCAPE/IRRIGATION- SITE DATA AND DETAILS
WALKERS COON KEY MARINABASE INFORMATION PROVIDED BY GINA GREEN P.E AND SQUARE'S LANDCAPING INC. - SDPA-2008-AR-13409Rev: 3/25/2019 Rev: 4/8/2019 Rev: 6/21/2019 Rev: 7/13/2019 3.B.iPacket Pg. 293Attachment: Attachment F - Applicants Back up documents (20340 : PL20180002114 DR Walker's Coon Key Marina)
10/28/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.C
Item Summary: PETITION NO. DR-PL20210001068, Petitioners, Yaima and Roylan Reyes,
request approval of a site plan with deviations pursuant to LDC Section 4.02.26.E and seek two
deviations, one deviation from LDC Section 4.02.26.B.16.a, which requires parking lots to be located to
the sides or rear of buildings, to allow for an extension of the current parking lot to the front of the
building and playground to the back; one deviation from LDC Section 4.02.26.B.8.a, which requires a
minimum five-foot-wide planting strip with shrubs and trees to be provided along the perimeter of any lot
line for a non-residential use adjacent to lands outside the Golden Gate Parkway Overlay District
(GGPOD) and zoned for single-family residential dwellings, to allow for no planting strip along a portion
of the northern property line where an existing fence and playground area have been permitted and
constructed for the redevelopment of a child daycare center consisting of 0.76± acres, also described as
5269/5275 Golden Gate Parkway, located on the northern side of Golden Gate Parkway, approximately
1,700 feet east of Santa Barbara Boulevard, in Section 28, Township 49 South, Range 26 East, Collier
County, Florida. [Coordinator: Timothy Finn, Principal Planner] Commission District 3
Meeting Date: 10/28/2021
Prepared by:
Title: – Zoning
Name: Tim Finn
10/08/2021 4:26 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
10/08/2021 4:26 PM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 10/08/2021 4:48 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 10/09/2021 6:41 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/12/2021 8:47 AM
Zoning Ray Bellows Review Item Completed 10/12/2021 1:34 PM
Zoning Diane Lynch Review Item Skipped 10/12/2021 8:47 AM
Hearing Examiner Andrew Dickman Meeting Pending 10/28/2021 9:00 AM
3.C
Packet Pg. 294
Here We Grow Daycare - DR-PL20210001068 Page 1 of 8
Revised: October 4, 2021
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 28, 2021
SUBJECT: HERE WE GROW DAYCARE, SITE PLAN WITH DEVIATIONS,
DR-PL20210001068
______________________________________________________________________________
PROPERTY OWNER/AGENT:
Applicant/Owner: Agent:
Roylan & Yaima Reyes, Managers Patrick Vanesse, AICP
S & R Brothers Investments, LLC RWA, Inc.
5269 Golden Gate Parkway 6610 Willow Park Drive, Suite 200
Naples, FL 34116 Naples, FL 34109
REQUESTED ACTION:
The applicant requests that the Collier County Hearing Examiner consider an application for Site
Plan with Deviations for Redevelopment (DR) for a redevelopment project for Here We Grow
Daycare. To better facilitate this redevelopment project, the petitioner requests approval of a site
plan with deviations pursuant to LDC Section 4.02.26.E and seek two deviations, one deviation
from LDC Section 4.02.26.B.16.a, which requires parking lots to be located to the sides or rear of
buildings, to allow for an extension of the current parking lot to the front of the building and
playground to the back; one deviation from LDC Section 4.02.26.B.8.a, which requires a minimum
five-foot-wide planting strip with shrubs and trees to be provided along the perimeter of any l ot
line for a non-residential use adjacent to lands outside the Golden Gate Parkway Overlay District
(GGPOD) and zoned for single-family residential dwellings, to allow for no planting strip along a
portion of the northern property line where an existing fence and playground area have been
permitted and constructed for the redevelopment of a child daycare center consisting of 0.76±
acres.
3.C.a
Packet Pg. 295 Attachment: Staff Report - Here We Grow Daycare (19991 : Here We Grow Daycare (DR))
Here We Grow Daycare - DR-PL20210001068 Page 2 of 8
Revised: October 4, 2021
GEOGRAPHIC LOCATION:
The subject property is described as 5269/5275 Golden Gate Parkway, located on the northern side
of Golden Gate Parkway, approximately 1,700 feet east of Santa Barbara Boulevard, in Section
28, Township 49 South, Range 26 East, Collier County, Florida (See location map page 3).
PURPOSE AND DESCRIPTION OF PROJECT:
In March 2021, S & R Brothers Investments submitted a Site Development Plan SDP-
PL20190001903 for the extension of the front parking lot and a playground into the western
neighboring vacant property. (See Attachment B - Site Development Plan – PL20190001903) In
review of the SDP, it was found that this project needed deviation requests for projects in the
GGPOD as the property owner requested to continue the extension of the front parking lot into
the western property thereby continuing the property’s current configuration. The existing daycare
currently provides parking in the front of the property and a playground to the rear of the property,
as shown on Sheet 3 – Aerial, Existing Conditions and Demolition Plan (See Attachment B) in
Site Development Plan PL20190001903.
The Golden Gate Parkway Overlay Districts recently adopted ordinance (Attachment C -
Ordinance 2021-14) requires parking to be located either to the side or the rear of the property per
LDC Section 4.02.26.B.16.a. The property owner/applicant is seeking approval of an SDP to allow
for the continued extension of the existing parking lot so that the extended parking area would
remain towards the front of the property and the playground situated at the rear. (See Attachment
A) However, LDC Section 4.02.26.B.16.a, requires parking to be located either to the side or the
rear of the property. Therefore, a deviation is necessary to achieve this extended continuation of
the front parking lot into the western property. Moreover, the applicant/owner is also requesting a
second deviation as an approved fence as illustrated directly to the north of the existing playground
(See Attachment A) does not allow for any room for an external landscaping buffer. As such, this
required plantings associated with this specific area of the property will be relocated to other
portions of the buffers at other locations of the property.
As stated, the existing day care is requesting to extend the front parking lot into the western neighboring
property with the playground to be located in the rear of the property. Due to the introduction of the
GGPOD standards memorialized via Ordinance 2021-14, the portions of the site the applicant wishes
to maintain does not meet GGPOD provisions. The applicants deviation requests for projects in the
GGPOD is detailed in the deviation section below. A summary is provided here.
1. Allow for an extension of the current parking lot to the front of the building and playground
to the back.
2. Allow for no planting strip along a portion of the northern property line where an existing
fence and playground area have been permitted and constructed. Additionally, the plantings
required within this portion of the property will be provided as an addition to the buffer
areas provided for this project.
3.C.a
Packet Pg. 296 Attachment: Staff Report - Here We Grow Daycare (19991 : Here We Grow Daycare (DR))
Here We Grow Daycare - DR-PL20210001068 Page 3 of 8
Revised: October 4, 2021
3.C.aPacket Pg. 297Attachment: Staff Report - Here We Grow Daycare (19991 : Here We Grow Daycare (DR))
Here We Grow Daycare - DR-PL20210001068 Page 4 of 8
Revised: October 4, 2021
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property, which is currently developed with Here We
Grow Day Care and is zoned Residential Multi-Family-12 (RMF-12) District within the Golden
Gate Parkway Overlay District – Downtown District (GGPOD-DT):
North: Developed single family residential, with a current zoning designation of Residential
Multi-Family-6 (RMF-6) District
East: Developed commercial, with a current zoning designation of Parkway Promenade
(PUD) within the Golden Gate Parkway Overlay District – Downtown District (GGPOD-DT)
South: Developed commercial, with a current zoning designation of Founders Plaza (PUD)
within the Golden Gate Parkway Overlay District – Downtown District (GGPOD-DT)
West: Undeveloped land, with a current zoning designation of Residential Multi-Family-12
(RMF-12) District within the Golden Gate Parkway Overlay District – Downtown District
(GGPOD-DT)
Source: RWA Engineering
3.C.a
Packet Pg. 298 Attachment: Staff Report - Here We Grow Daycare (19991 : Here We Grow Daycare (DR))
Here We Grow Daycare - DR-PL20210001068 Page 5 of 8
Revised: October 4, 2021
APPLICANT’S JUSTIFICATIONS FOR REQUESTED DEVIATIONS:
The petitioner is seeking two (2) deviations from the requirements of the Land Development Code
(LDC). The deviations are listed below with staff analysis and recommendations.
Proposed Deviation #1: (Parking Lot)
“Deviation 1 seeks relief from LDC 4.02.26.B.16.a., which requires parking lots to be located to
the sides or rear of buildings, to allow for an extension of the current parking lot to the front of the
building and playground to the back.”
Petitioner’s Justification: The proposed deviation will allow the extension of an existing parking
lot next door that is adjacent to the street and represents a use that is compatible with adjacent
land uses. This deviation allows for an efficient site layout, a logical circulation patter and the
playground extension to conform with the existing one. The proposed layout will keep the children
away from the vehicular traffic from the road and parking lot area.
The “minimum amount necessary criterion” does not apply in this case because the improvements
requested (i.e., additional parking and extended playgrounds) meet county requirements. The issue
is related to the proposed location on the property. A deviation which allows for an extension of
the current parking in the front and playground located in the rear is the minimum allowance
necessary to provide a properly functioning site and safe configuration for the children attending
the daycare.
Unlike a deviation to a development standard such as a setback or building height requirement,
we are asking for a deviation that would allow for the location of the extended parking lot in a
more logical and functional fashion. Providing for parking on the front of the site allows for a safe
environment needed for the children – in the area of the property where the existing playground
is located, as opposed to having them congregate close vehicular traffic on the abutting the right-
of-way. This request will allow the playground to be located far enough from the street to provide
a safe environment for the children, while allowing for the parking lot to be extended in a
contiguous and logical manner. The applicant will also provide landscaping in the form of a hedge
row on the front property line facing the right-of-way. This newly constructed landscaping strip,
in combination with an upgraded paved parking area and upgraded playground facility, will bring
provide property improvements consistent with the GGOPD’s intent, while improving aesthetics
along Golden Gate Parkway, softening the pedestrian interface, and creating a safer and more
enjoyable public realm.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved. Zoning staff has evaluated the proposed deviation to the site plan and found no issue
with consistency. Therefore, Zoning and Development Review staff recommends APPROVAL
of this deviation.
3.C.a
Packet Pg. 299 Attachment: Staff Report - Here We Grow Daycare (19991 : Here We Grow Daycare (DR))
Here We Grow Daycare - DR-PL20210001068 Page 6 of 8
Revised: October 4, 2021
Proposed Deviation #2: (Planting Strip)
“Deviation 2 seeks relief from LDC Sec. 4.02.26.B.8.a., which requires a minimum five-foot-wide
planting strip with shrubs and trees to be provided along the perimeter of any lot line for a non-
residential use adjacent to lands outside the GGPOD and zoned for single-family residential
dwellings, to allow for no planting strip along a portion of the northern property line where an
existing fence and playground area have been permitted and constructed. Additionally, the
plantings required within this portion of the property will be provided as an addition to the buffer
areas provided for this project.”
Petitioner’s Justification: The proposed deviation will meet the intent of the buffer regulations in
that a fence will be in place to provide proper separation between uses. Additionally, the plantings
required within this portion of the property will be provided as an addition to the buffer areas
provided for this project.
The proposed provides for the reasonable use of the existing fence located on the property which
had been permitted by staff (Permit # PRBD2017103706701). The approval of this fence located
to the back of the property line does not allow for any room for an external landscaping buffer to
be provided on the property. The issue will be addressed through providing the required plantings
associated with this portion to other portions of the buffers located on the property.
As previously stated, the deviation request will be mitigated for by providing the required buffer
plantings associated with this portion of the property within other buffers areas located on the
property.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved. Landscape Review staff has evaluated the proposed deviation to the site plan and found
no issue with consistency. Therefore, Zoning and Development Review staff recommends
APPROVAL of this deviation.
STAFF ANALYSIS:
Staff has reviewed the deviation requests for projects in the GGPOD under LDC Section
4.02.26.E.4 and provide the below analysis.
a. Whether the proposed deviation is compatible with adjacent land uses and achieves the
requirements and/or intent of the regulations as closely as is practicable.
The proposed deviations will not change the permitted land uses and densities within the
development. Staff is of the opinion that the proposed improvements will have beneficial effect
for the surrounding neighborhood and unincorporated Collier County for this currently developed
property.
3.C.a
Packet Pg. 300 Attachment: Staff Report - Here We Grow Daycare (19991 : Here We Grow Daycare (DR))
Here We Grow Daycare - DR-PL20210001068 Page 7 of 8
Revised: October 4, 2021
b. Whether the proposed deviation is the minimum amount necessary to allow for
reasonable use of the property and/or address the issue necessitating the deviation request.
Staff finds that the deviations are clearly delineated and is the minimum required to achieve the
goals of the child day care redevelopment project.
c. Whether the reduced or increased standard requested by the deviation is mitigated for,
either on the subject site or by providing a public benefit on the subject site. Examples of
such on-site mitigation include but are not limited to: increasing setbacks from the adjacent
road right-of-way when proposing to deviate from sign size limitations; increasing
plantings or planting sizes or installing a fence or wall where a reduced buffer width is
proposed; providing public pedestrian and/or bicycle pathway ease ments or other similar
mobility improvements including transit enhancements; providing public parking;
providing beautification in the public realm, including street trees, street furniture,
lighting and other similar public benefits.
Providing for parking on the front of the site allows for a safe environment needed for the children
in the area of the property where the existing playground is located, as opposed to having them
congregate close vehicular traffic on the abutting the right-of-way. This request will allow the
playground to be located far enough from the street to provide a safe environment for the children,
while allowing for the parking lot to be extended in a contiguous and logical manner. The applicant
will also provide landscaping in the form of a hedge row on the front property line facing the right-
of-way. This newly constructed landscaping strip, in combination with an upgraded paved parking
area and upgraded playground facility, will bring provide property improvements consistent with
the GGOPD’s intent. Moreover, the request will be mitigated for by providing the required buffer
plantings associated with this portion of the property within other buffers areas located on the
property.
Landscape Review: As mentioned in the Staff Analysis and Recommendation for deviation 2, staff
sees no detrimental effects resulting from the approval of deviation 2 given that the site has existed
with no buffer in this area for several years. The applicant is committing to re-allocate the buffer
plantings that would be required in the area of the deviation elsewhere on the site. As a result, there
will be no net loss of required trees and shrubs on the site.
Environmental Review: Environmental Planning staff has reviewed this petition. Preservation of
native vegetation is not required since the property has been developed and does not contain native
vegetation or listed species. This project does not require Environmental Advisory Council (EAC)
review, as this project did not meet the EAC scope of land development project reviews as identified
in Section 2-1193 of the Collier County Codes of Laws and Ordinances.
Conservation and Coastal Management Element (CCME): Environmental review staff has
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The project site is not required to set aside a preserve area.
3.C.a
Packet Pg. 301 Attachment: Staff Report - Here We Grow Daycare (19991 : Here We Grow Daycare (DR))
Here We Grow Daycare - DR-PL20210001068 Page 8 of 8
Revised: October 4, 2021
STAFF RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve Here We Grow Daycare,
Site Plan with Deviations, DR-PL20210001068, with the following condition:
1. The Here We Grow Daycare, Site Plan with Deviations, shall be limited to that which is
depicted on the “Here We Grow, Exhibit – Site Plan with Deviations, dated June 2021,” prepared
by RWA Engineering.
Attachments: A. Here We Grow, Exhibit – Site Plan with Deviations, dated June 2021
B. Site Development Plan – PL20190001903
C. Ordinance 2021-14
D. Application/Backup Materials
3.C.a
Packet Pg. 302 Attachment: Staff Report - Here We Grow Daycare (19991 : Here We Grow Daycare (DR))
GOLDEN GATE PKWY1PROPOSEDPLAYGROUNDEXISTING HERE WEGROW DAYCAREPROPERTY BOUNDARYPROPOSED DRYDETENTION AREA1PROPOSEDPARKINGEXISTINGPLAYGROUNDEXISTINGPARKINGPROPOSED 6' HIGH WALL/ FENCEEXISTING FENCE6' PUE & DE5' PERIMETER PLANTINGAREA PER GGPOD4.02.26-8(b) (MEETS &EXCEEDS PERIMETERBUFFER REQUIREMENT)5' PERIMETER BUFFER PERGGPOD 4.02.26-8(a)NO PERIMETER BUFFERREQUIRED PER GGPOD4.02.26-8(a)NO PERIMETER BUFFERREQUIRED PER GGPOD4.02.26-8(a)DUMPSTER ACCESSPAD & ENCLOSUREPROPOSED 3' GATEEX. 6' SIDEWALKEX. 6' SIDEWALK18'24'18'9'9'9.4'5' CONCRETE SIDEWALK(TYP.)6'x6' BICYCLE RACK PAD6' PUE& DE6' PUE& DEPROPOSED FENCEPROPOSED 6' HIGH WALL/ FENCEEXISTING CONCRETEPAD18'23.1'5'12'9'R.O.W. LINER.O.W. LINER1-1 SIGN W/24" STOP BARCONCRETE SIDEWALK FROM EXISTINGPAVEMENT TO BUILDING (TYP.)STANDARDCROSSWALK PERFDOT INDEX 711-0015' PERIMETER PLANTINGAREA PER GGPOD 4.02.26-8(b)5' PERIMETER PLANTING AREAPER GGPOD 4.02.26-8(b)5' PERIMETER PLANTINGAREA PER GGPOD4.02.26-8(b)5' PERIMETER BUFFER PERGGPOD 4.02.26-8(a)25' PERIMETER BUFFER PERGGPOD 4.02.26-8(a)6' PUE & DERGE:TWP:SEC:DATE:TITLE:
CLIENT:
PROJECT:OFPROJECT NO.:SHEET NUMBER:DESIGNED:DRAWN:DATEREVISION#DRAWN 0September 9, 2021 1:14 PM K:\2019\190145.00.02 Here We Grow Daycare Admin Deviation\0002 Admin. Deviation Application Preperation\CAD Exhibits\MCP\1901450002 MCP.dwgHERE WE GROW
YAIMA AND ROYLAN REYES
11190145.00.02JUN.,20212849S26ERWADLP51020EXHIBIT - SITE PLAN WITH DEVIATIONS
6610 Willow Park Drive, Suite 200 / Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 / LB6952LEGEND#-PROPERTY BOUNDARY-PROJECT INGRESS/EGRESS-R/W-PROPOSED FENCE-EXISTING FENCE-DEVIATION LOCATIONSDEVIATION #1: SEEKS RELIEF FROM LDC SEC. 4.02.26 B.16.a., WHICH REQUIRES PARKING LOTS TO BE LOCATED TO THE SIDES OR REAR OF BUILDINGS,TO ALLOW FOR AN EXTENSION OF THE CURRENT PARKING LOT TO THE FRONT OF THE BUILDING AND PLAYGROUND TO THE BACK.DEVIATION #2:SEEKS RELIEF FROM LDC SEC. 4.02.26.B.8.a., WHICH REQUIRES A MINIMUM FIVE-FOOT-WIDE PLANTING STRIP WITH SHRUBS ANDTREES TO BE PROVIDED ALONG THE PERIMETER OF ANY LOT LINE FOR A NON-RESIDENTIAL USE ADJACENT TO LANDS OUTSIDE THE GGPODAND ZONED FOR SINGLE-FAMILY RESIDENTIAL DWELLINGS, TO ALLOW FOR NO PLANTING STRIP ALONG A PORTION OF THE NORTHERNPROPERTY LINE WHERE AN EXISTING FENCE AND PLAYGROUND AREA HAVE BEEN PERMITTED AND CONSTRUCTED. THE PLANTINGS REQUIREDWITHIN THIS PORTION OF THE PROPERTY WILL BE PROVIDED AS AN ADDITION TO THE BUFFER AREAS PROVIDED FOR THIS PROJECT.SCHEDULE OF DEVIATIONS:123.C.bPacket Pg. 303Attachment: Attachment A - Here We Grow, Exhibit - Site Plan with Deviations, dated June 2021 (19991 : Here We Grow Daycare (DR))
TYPE "D"TYPE "F"
TYPE "D"
TYPE "F"
INDEX OF SHEETS
1. COVER
2. GENERAL NOTES AND DETAILS
3. AERIAL, EXISTING CONDITIONS AND DEMOLITION PLAN
4. MASTER SITE, PAVING AND SIGNAGE PLAN
5. MASTER GRADING, DRAINAGE AND CROSS SECTIONS PLAN
6. EROSION CONTROL PLAN
S
W
N
E
LOCATION MAP
N.T.S.
LOCATED IN COLLIER COUNTY, FLORIDA
PART OF SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST
HERE WE GROW DAYCARE
S
W
N
E
VICINITY MAP
N.T.S.
LEGAL DESCRIPTION
LOT 22, BLOCK 219, TOGETHER WITH THE SOUTHERLY 10 FEET OF THE 20 FOOT ALLEYWAY LYING NORTH AND ADJACENT TO SUBJECT
PROPERTY, AS VACATED UNDER RESOLUTION NO. 95-639 RECORDED IN OFFICIAL RECORDS BOOK 2126, PAGE 1968, GOLDEN GATE,
UNIT 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, AT PAGES 124 THROUGH 134, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
LOT 23, BLOCK 219, TOGETHER WITH THE SOUTHERLY 10 FEET OF THE 20 FOOT ALLEYWAY LYING NORTH AND ADJACENT TO SUBJECT
PROPERTY, AS VACATED UNDER RESOLUTION NO. 95-639 RECORDED IN OFFICIAL RECORDS BOOK 2126, PAGE 1968, GOLDEN GATE,
UNIT 6, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
SITE DEVELOPMENT PLAN FOR
PROPERTY INFORMATION
S&R BROTHERS INVESTMENTS LLC
5269 GOLDEN GATE PARKWAY
NAPLES, FL 34116
ROYLAN & YAIMA REYES
5180 17TH AVE SW
NAPLES, FL 34116
COMMUNITY NUMBER: 120067
PANEL: 0412 SUFFIX: H
EFFECTIVE DATE: 05/16/2012
FLOOD ZONE: X
RMF-12
OVERLAY DISTRICT- GGPPOCO
5269 / 5275 GOLDEN GATE PARKWAY
NAPLES, FL 34116
36319720003
36319760005
SITE ADDRESS PARCEL NUMBERS
ZONINGFLOOD ZONE
PROPERTY OWNER J.R.ENGINEERINGEVANSPROJECT
SITE
PROJECT
SITE J.R.ENGINEERINGEVANSHERE WE GROW DAYCAREPROJECT #:
SHEET:
00532-02# DATE REVISIONS1ST SUBMITTAL (JAN-2020)DATUM NOTE:
ALL ELEVATIONS REFERENCE NAVD88 VERTICAL DATUM.
APPROXIMATE CONVERSION FOR PROJECT AREA: NAVD88 + 1.27' = NGVD29
ANY DATUM CONVERSIONS SHOULD BE CONFIRMED BY A LICENSED
SURVEYOR PRIOR TO USE.J.R. EVANS ENGINEERING, P.A.9351 CORKSCREW ROAD, SUITE 102ESTERO, FLORIDA 33928PHONE: (239) 405-9148FAX: (239) 288-2537WWW.JREVANSENGINEERING.COMJOSHUA R. EVANS, P.E.
FL. LICENSE No. 57436
FL. COA # 29226
Q:\LAND 2017\532. HERE WE GROW DAYCARE\00532-01 ENGINEERING SERVICES-HERE WE GROW\00-AUTOCAD\00532-02 SDPI PARKING LOT\CURRENT PLANS\0053202-PLAN SET.DWG 2/19/2021 1:58 PM1COVERSANTA BARBARA BLVDSAINT JOHN NEWMAN
CATHOLIC HIGH
SCHOOL GOLDEN GATE PARKWAY
53RD ST
SWSANTA BARBARA BLVDGOLDEN
GATE PA
RK
WAY
GOLDEN GATE
COMMUNITY PARK
GOLDEN
GATE PA
RK
WAY
28TH PL
S
W28TH AV
E
S
W27TH PL
S
W
5
4
T
H
S
T
SW
3.C.c
Packet Pg. 304 Attachment: Attachment B - Site Development Plan - PL20190001903 (19991 : Here We Grow Daycare (DR))
J.R.ENGINEERINGEVANSHERE WE GROW DAYCAREPROJECT #:
SHEET:
00532-02# DATE REVISIONS1ST SUBMITTAL (JAN-2020)DATUM NOTE:
ALL ELEVATIONS REFERENCE NAVD88 VERTICAL DATUM.
APPROXIMATE CONVERSION FOR PROJECT AREA: NAVD88 + 1.27' = NGVD29
ANY DATUM CONVERSIONS SHOULD BE CONFIRMED BY A LICENSED
SURVEYOR PRIOR TO USE.J.R. EVANS ENGINEERING, P.A.9351 CORKSCREW ROAD, SUITE 102ESTERO, FLORIDA 33928PHONE: (239) 405-9148FAX: (239) 288-2537WWW.JREVANSENGINEERING.COMJOSHUA R. EVANS, P.E.
FL. LICENSE No. 57436
FL. COA # 29226
Q:\LAND 2017\532. HERE WE GROW DAYCARE\00532-01 ENGINEERING SERVICES-HERE WE GROW\00-AUTOCAD\00532-02 SDPI PARKING LOT\CURRENT PLANS\0053202-PLAN SET.DWG 2/19/2021 1:58 PM2GENERAL NOTES AND DETAILS1. THE APPROVAL OF THESE CONSTRUCTION PLANS DOES NOT AUTHORIZE CONSTRUCTION OF REQUIRED
IMPROVEMENTS WHICH ARE INCONSISTENT WITH THE EASEMENT OF RECORD.
2. PROPERTY OWNER SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ONSITE FACILITIES.
3. PER LDC 3.05.08, ALL PROHIBITED EXOTIC VEGETATION SHALL BE REMOVED FROM THE SITE AND IT SHALL BE
MAINTAINED FREE OF EXOTICS IN PERPETUITY.
4. ALL COST AND EXPENSES OF ANY AND ALL REPAIRS, REPLACEMENTS, MAINTENANCE AND RESTORATIONS OF ABOVE
GROUND IMPROVEMENTS PERMITTED WITHIN A CUE SHALL BE THE SOLE FINANCIAL RESPONSIBILITY OF THE
GRANTOR, ITS SUCCESSORS OR ASSIGNS.
5. ALL ONSITE POTABLE WATER, NON-POTABLE IRRIGATION WATER AND WASTEWATER SYSTEM IS OWNED AND
MAINTAINED BY THE PROPERTY OWNER.
6. ALL REQUIRED INSPECTIONS REQUIRE A 48 HOUR NOTICE.
7. ALL PROPOSED UTILITIES SHALL HAVE A MINIMUM HORIZONTAL SEPARATION OF 5' FROM ANY STRUCTURES,
SERVICES, GUTTERS/CURBS & FENCE POSTS AND A MINIMUM OF 10' SETBACK FROM THE BUILDING.
NOTES
1. ALL REINFORCING STEEL SHALL HAVE A MINIMUM TWO INCHES OF COVER.
2. ALL CONCRETE SHALL HAVE A COMPRESSIVE STRENGTH OF 3,000 PSI IN 28 DAYS.
3. PRECAST STRUCTURE WALLS SHALL BE 6" THICK (MIN.)
4. CAST-IN-PLACE STRUCTURE WALLS SHALL BE 8" THICK (MIN.)
5. SEE FDOT STANDARD INDEX 425-010, TABLES 3 AND 4 FOR MINIMUM STRUCTURE SIZES.
54"
48"
36"
42"
30"
6.0 FT
5.5 FT
4.0 FT / 5.0 FT (SEE NOTE 2)
3.5 FT / 4.0 FT (SEE NOTE 1)
5.0 FT
15"
18"
24"
3.5 FT
3.5 FT
3.5 FT
MINIMUM OUTSIDE DIMENSIONS
FOR DRAINAGE STRUCTURES
MINIMUM
STRUCTURE
WIDTH
PIPE SIZE
DRAINAGE STRUCTURE TABLE
TYPE OF
STRUCTURE CASTINGREFERENCE
CURB INLET TOP - TYPE 5
W/ TYPE J OR P BOTTOM
CURB INLET TOP - TYPE 6
W/ TYPE J OR P BOTTOM
CURB INLET TOP - TYPE 9
W/ TYPE J OR P BOTTOM
CURB INLET TOP - TYPE 9 MODIFIED
W/ TYPE J OR P BOTTOM
FLARED END*
GRATE INLET
JUNCTION BOX
FDOT INDEX 425-010, 425-021
FDOT INDEX 430-020
SEE DETAIL
SEE DETAIL
USF 5160 - 6310 OR APPROVED EQUAL
USF 5130 - 6016, NEENAH R-3067-L,
OR APPROVED EQUAL
USF 5130-6168 OR APPROVED
EQUAL
NONE
USF 4170 - 6245 OR APPROVED
EQUAL
USF 125 OR APPROVED EQUAL
THROAT INLET SEE DETAIL USF 1260 OR APPROVED EQUAL
VALLEY GUTTER INLET SEE DETAIL
USF 5106-6149 (2 GRATES)
USF 5107-6154 (3 GRATES)
OR APPROVED EQUAL
FDOT INDEX 425-010, 425-021
FDOT INDEX 425-010, 425-024
FDOT INDEX 425-010, 425-024
USF 5160 - 6310 OR APPROVED
EQUAL
MODIFIED GRATE INLET
W/ SIDE SLOTS SEE DETAIL RECTANGULAR CAST IRON GRATE,
SIZED TO FIT. USF 6210 OR
APPROVED EQUAL FOR MIN. 2' x 3'
STRUCTURE
PIPE LENGTH AND SLOPE SHALL BE FIELD ADJUSTED TO HAVE FLARED END MATCH FLUSH WITH LAKE BANK.
GENERAL STRUCTURE DESIGN NOTES:
MAXIMUM PIPE SKEW FOR PRECAST ROUND OPENINGS
6"
PIPE SIZE
MAXIMUM
SKEW ANGLE
WALL
THICKNESS
8"
18"
19°
21°
24" 30" 36" 42" 48" 54" 60" 66" 72" 78" 84"
17°
20°
16°
18°
16°
17°
15°
17°
14°
16°
14°
15°
13°
15°
13°
14°
13°
14°
12°
13°
12°
13°
NOTES:
THESE VALUES ARE BASED ON 2" CLEARANCE FOR PRECAST STRUCTURES. LARGER
SKEWS ARE POSSIBLE FOR CAST-IN-PLACE STRUCTURES OR ELLIPTICAL PIPE
OPENINGS WHEN APPROVED BY THE ENGINEER.
1) IF 30" PIPES ARE IN ADJACENT WALLS AND INVERT
DIFFERENCE IS LESS THAN 36" USE 4.0' STRUCTURE SIZE.
2) IF 36" PIPES ARE IN ADJACENT WALLS AND INVERT
DIFFERENCE IS LESS THAN 36" USE 5.0' STRUCTURE SIZE.
PLAN
28" x 28"
VARIES, SEE TABLE
SECTION A-A
4"8"RCP
VARIES, SEE TABLEA
RCP
RCP
RCP
A
NOTES:
1. ALL REINFORCING STEEL SHALL HAVE TWO INCHES (2") MINIMUM COVER
2. ALL CONCRETE SHALL HAVE A COMPRESSIVE STRENGTH OF 3,000 PSI @ 28 DAYS
3. REFER TO "MINIMUM DIMENSIONS FOR DRAINAGE STRUCTURES" TABLE
GRATE ELEVATION AS
REFERENCED ON PLAN
BRICK W/ MORTAR OR
PRECAST CONCRETE
ADJUSTMENT RINGS
(MINIMUM OF TWO RINGS)
#5 BARS @ 6"
O.C. EACH WAY
#5 BARS @ 8"
O.C. EACH WAY
#5 BARS @ 8"
O.C. EACH WAY
USF # 4170 FRAME
AND 6245 GRATE VARIES6" PRECAST,
8" C-I-P
6" PRECAST,
8" C-I-P
6" MIN.
GRATE INLET DETAIL
NTS
CONTROL STRUCTURE (TYPE "C" INLET) DETAIL (CS-1)
N.T.S.
DESIGN NOTES:
PLAN
A AB
BSECTION A-A
SECTION B-B
GRATE ELEV = 11.15 FT-NAVD
INVERT
ELEV
1. ALL REINFORCING STEEL AS SHOWN
SHALL HAVE TWO INCHES (2") MINIMUM
COVER.
2. ALL CONCRETE SHALL HAVE A
COMPRESSIVE STRENGTH OF 3,000 PSI
@ 28 DAYS.
5'-1"4'-1"3"
MIN
3"
MINRCP
RCP RCP
6"MINRETICULATE GRATE
(REFERENCE FDOT INDEX 232)
6"
#4 BARS
@ 12" CTRS
#4 BARS
@ 12" CTRS
#4 BARS
@ 12" CTRS
#4 BARS
@ 12" CTRS
WEIR EL = 9.95 FT-NAVD
INVERT EL = 5.95 FT-NAVD 18'5'9'12'
2' (TYP.)
NOTES:
1. ACCESSIBLE PARKING SPACES AND ACCESS AISLES SHALL BE LEVEL WITH
SURFACE SLOPES NOT EXCEEDING 1:50 (2%) IN ALL DIRECTIONS PER ADA
STANDARDS FOR ACCESSIBLE DESIGN SECTION 4.6.
2% MAX
TYPICAL PARKING SPACE DETAIL
NTS
PRECAST CONCRETE WHEEL STOP
(SEE TYPICAL DETAIL)
HANDICAPPED PARKING SIGN
(REFERENCE FDOT INDEX 700-102) WITH
ADDITIONAL SIGN STATING "$250 FINE"CONCRETE SIDEWALK
6" WHITE STRIPE
3 - 6" WHITE CHEVRONS
EQUALLY SPACED PER
AISLE.
6" WHITE
STRIPE
6" BLUE
STRIPE
2"4"2"6'
3 4" DIA. HOLE (2 REQ'D.)
(2) #4 BARS, (5'-6" LONG)
2"
8"
(2)-#5 BARS, (18" LONG)
12" R. (TYP.)
4"
12"2"
3,000 PSI CONCRETE
AFTER 28 DAYS
TYPICAL PRECAST CONCRETE WHEEL STOP
NTS
WIDTH PER PLAN
BROOM FINISH
ROUND EDGE (TYP)1.5% TYP. (2% MAX.)
NOTES:
1. SIDEWALK SHALL BE CONSTRUCTED IN CONFORMANCE WITH F.D.O.T. STANDARD INDEX
522-001 AND STANDARD SPECIFICATION 522 AND CORRESPONDING STANDARDS.
2. COMPACT FILL AREAS TO MINIMUM 95% OF AASHTO T99 DENSITY.
3. SIDEWALK SHALL HAVE CONTRACTION JOINTS SPACED EQUALLY TO THE SIDEWALK WIDTH
AND HAVE EXPANSION JOINTS EVERY 120' MAXIMUM.
4. CONCRETE SHALL HAVE A COMPRESSIVE STRENGTH OF 3000 PSI IN 28 DAYS.
5. SIDEWALKS SHALL HAVE A MAXIMUM RUNNING SLOPE OF 1:20 (5%) AND A MAXIMUM CROSS
SLOPE OF 1:50 (2%) PER 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN SECTION 403.3
6. CURB RAMPS SHALL BE CONSTRUCTED IN CONFORMANCE WITH ADA STANDARDS FOR
ACCESSIBLE DESIGN SECTION 406 AND F.D.O.T. STANDARD INDEX 522-002.
TYPICAL CONCRETE SIDEWALK DETAIL
NTS
6" LIMEROCK BASE
12" STABILIZED SUBGRADE
LIMEROCK & SUBGRADE NOTES:
1. 6" LIMEROCK BASE, PRIMED AND COMPACTED TO 98% OF
MAX. DENSITY (DETERMINED BY AASHTO T-180)
2. 12" STABILIZED SUBGRADE (MIN. LBR 40)
3. STABILIZED SUBGRADE TO EXTEND 1 FOOT BEYOND
EDGE OF PAVEMENT AND BACK OF CURB
4. WHEN NO CURB IS PROPOSED LIMEROCK TO EXTEND 6
INCHES BEYOND EDGE OF PAVEMENT
TYPICAL PAVING SECTION
NTS
1-1/2" ASPHALT (TYPE S-III)
PLACED IN TWO (2) 3/4" LIFTS-OPTIONAL
STABILIZED SUBGRADE
LIMEROCK BASE
ASPHALTIC CONCRETE
CONC. SIDEWALK
COMPACTED
FILL
1'
8"6"2"
R
10"THICKEN EDGE SIDEWALK DETAIL
NTS
TYPE "D"TYPE "F"
6"6"12"18"8"R2"6"1'-6"
2'-0"
8"12"6"6"R2"R34"R3"SAME SLOPE AS
ADJACENT
PAVEMENT
712" STD.
(6" MIN.)
CONCRETE CURB NOTES:
1. CONCRETE SHALL HAVE A COMPRESSIVE STRENGTH OF
3,000 P.S.I. IN 28 DAYS UNLESS OTHERWISE NOTED.
2. CURB SHALL BE CONSTRUCTED IN CONFORMANCE WITH
F.D.O.T. INDEX 300
3. CURB SHALL HAVE EXPANSION JOINTS INSTALLED AT ALL
INLETS AND EVERY ±500'.
CURB AND GUTTER DETAILS
NTS
6"
3" CIRCULAR
ORIFACE6"MIN3.C.c
Packet Pg. 305 Attachment: Attachment B - Site Development Plan - PL20190001903 (19991 : Here We Grow Daycare (DR))
W
GOLDEN GATE PARKWAY
(130' R.O.W.)
EXISTING HERE WE
GROW DAYCARE
(TO REMAIN)
PARCEL
BOUNDARY
(TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
EXISTING WOOD
POWER POLE
(TO REMAIN)
EXISTING WOOD
POWER POLE
(TO REMAIN)
EXISTING CONCRETE
LIGHT POLE
(TO REMAIN)
EXISTING WATER
METER
(TO REMAIN)
± 4,433 SF EXISTING
ASPHALT (TO BE
MILLED AND OVERLAYED)
± 380 SF EXISTING
ASPHALT AND CONCRETE
(TO BE REMOVED)
± 146 SF EXISTING ASPHALT
(TO BE REMOVED)
± 140 SF EXISTING ASPHALT
(TO BE REMOVED)
28 LF VINYL FENCE
(TO BE REMOVED)
± 53 SF EXISTING CONCRETE
(TO BE REMOVED)
EXISTING 2" IPS
POLYTUBE FORCE MAIN
(TO REMAIN)
EXISTING 4" PVC
FORCE MAIN
(TO REMAIN)
EXISTING 4" PVC
FORCE MAIN
(TO REMAIN)
± 90 SF EXISTING ASPHALT SIDEWALK
(TO BE REMOVED AND REPLACED)
EXISTING 4" PVC
FORCE MAIN
(TO REMAIN)
W12.0812.0611.9211.9911.9711.8911.9811.7711.5811.6511.4311.2511.4311.7811.8412.2312.2211.7211.6311.4911.2311.1311.3511.5311.9211.4611.1010.9610.8211.2010.3710.3610.719.6110.4610.3710.7010.7110.8810.9711.0010.7910.9911.9310.5610.6010.219.9410.1010.1210.1810.6810.7110.1810.2312.5510.1810.059.9411.4511.8911.8810.7110.699.789.8110.5111.3810.93FIRE LANE FIRE LANE FIRE LANE FIRE LANE
GOLDEN GATE PARKWAY
(130' R.O.W.)
EXISTING HERE WE
GROW DAYCARE
(FFE = 12.77)
EXISTING
PLAYGROUND
EXISTING WOOD
POWER POLE
PARCEL
BOUNDARY
(TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
EXISTING WOOD
POWER POLE
EXISTING WOOD
POWER POLE
6.0' P.U.E. & D.E.
EXISTING ASPHALT PARKING
FOR HERE WE GROW CHILD
DEVELOPMENT CENTER
EXISTING CULVERT
EXISTING CULVERT
EXISTING PRIVATE
GRINDER STATION
EXISTING CLEANOUT
EXISTING CLEANOUT EXISTING 6" PVC
SEWER LATERAL
EXISTING 2" IPS
POLYTUBE FORCE MAIN
EXISTING 4" PVC
FORCE MAIN
EXISTING 4" PVC
FORCE MAIN EXISTING 4" PVC
FORCE MAIN
EXISTING 6'
ASPHALT SIDEWALK
EXISTING CONCRETE
LIGHT POLE
EXISTING WATER
METER
EXISTING 5'
CONCRETE SIDEWALK
EXISTING
FENCE
PARCEL 2PARCEL 1EXISTING
FENCE
PARCEL
BOUNDARY (TYP.)
EXISTING 6" PVC
SEWER LATERAL
6.0' P.U.E. & D.E.6.0' P.U.E. & D.E.10.0' VACATED ALLEY(RESOLUTION NO. 95-639,O.R.B. 2126, PAGE 1968)6.0' P.U.E. & D.E.R.O.W. LINE
R.O.W. LINE 6.0' P.U.E. & D.E.10.0' VACATED ALLEY(RESOLUTION NO. 95-639,O.R.B. 2126, PAGE 1968)6.0' P.U.E. & D.E.6.0' P.U.E. & D.E.
EXISTING 6'
ASPHALT SIDEWALK
EXISTING 6'
ASPHALT SIDEWALK
EXISTING
FENCE
EXISTING
CONCRETE PAD
EXISTING FIRE LANE
STRIPING
EXISTING CONCRETE
PARKING STOP
EXISTING PARKING'
STRIPING
EXISTING
CONCRETE PAD
11.15J.R.ENGINEERINGEVANSHERE WE GROW DAYCAREPROJECT #:
SHEET:
00532-02# DATE REVISIONS1ST SUBMITTAL (JAN-2020)DATUM NOTE:
ALL ELEVATIONS REFERENCE NAVD88 VERTICAL DATUM.
APPROXIMATE CONVERSION FOR PROJECT AREA: NAVD88 + 1.27' = NGVD29
ANY DATUM CONVERSIONS SHOULD BE CONFIRMED BY A LICENSED
SURVEYOR PRIOR TO USE.J.R. EVANS ENGINEERING, P.A.9351 CORKSCREW ROAD, SUITE 102ESTERO, FLORIDA 33928PHONE: (239) 405-9148FAX: (239) 288-2537WWW.JREVANSENGINEERING.COMJOSHUA R. EVANS, P.E.
FL. LICENSE No. 57436
FL. COA # 29226
Q:\LAND 2017\532. HERE WE GROW DAYCARE\00532-01 ENGINEERING SERVICES-HERE WE GROW\00-AUTOCAD\00532-02 SDPI PARKING LOT\CURRENT PLANS\0053202-PLAN SET.DWG 2/19/2021 1:58 PM3AERIAL, EXISTING CONDITIONS AND DEMOLITION PLANN
AERIAL AND EXISTING CONDITIONS DEMOLITION PLAN
0
SCALE: 1" =
10' 20'40'
20'
N
0
SCALE: 1" =
10' 20'40'
20'
LEGEND
EXISTING SHRUBS, GRASS AND TREES TO BE CLEARED
AND GRUBBED
MILL AND OVERLAY
EXISTING PAVEMENT / CONCRETE TO BE REMOVED
LEGEND
EXISTING BUILDING
EXISTING ASPHALT
ASPHALT SIDEWALK TO BE REMOVED AND REPLACED
3.C.c
Packet Pg. 306 Attachment: Attachment B - Site Development Plan - PL20190001903 (19991 : Here We Grow Daycare (DR))
W
GOLDEN GATE PARKWAY
(130' R.O.W.)10.0' VACATED ALLEY(RESOLUTION NO. 95-639,O.R.B. 2126, PAGE 1968R.O.W. LINE
R.O.W. LINE
EXISTING 6'
ASPHALT SIDEWALK
EXISTING 6'
ASPHALT SIDEWALK10.0' VACATED ALLEY(RESOLUTION NO. 95-639,O.R.B. 2126, PAGE 1968EXISTING
FENCE (TYP.)
6.0' P.U.E. & D.E.6.0' P.U.E. & D.E.EXISTING
CONCRETE PAD
PARCEL
BOUNDARY
(TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
EXISTING HERE WE
GROW DAYCARE
(FFE = 12.77)
EXISTING
PLAYGROUND
PROPOSED
PLAYGROUND
PROPOSED DRY
RETENTION
R25.0'
R3.0'R3.0'
R25.0'
R15.0'
R3.0'
R5.0'
R5.0'
R5.0'
R5.0'
R5.0'18.0'(TYP.)24.0'(TYP.)18.0'(TYP.)9.0'
(TYP.)
10.0'
12.0'18.0'(TYP.)9.0'
(TYP.)
12.0'
(TYP.)
5.0'23.1'(TYP.)B B
A
C
STANDARD CROSSWALK
PER FDOT INDEX 711-001
CONCRETE SIDEWALK FROM
EXISTING PAVEMENT TO BUILDING(TYP.)
5' CONCRETE SIDEWALK
(TYP.)
12.0'6.0'PROPOSED FENCE
(BY OTHERS)
PROPOSED WALL
(BY OTHERS)
7
10
6
DUMPSTER PAD
(SEE DETAIL SHEET ?)
EXISTING 6'
ASPHALT SIDEWALK
EXISTING PEDESTRIAN
CROSSWALKEXISTING PEDESTRIAN
CROSSWALK
OPTIONAL MONUMENT
SIGNAGE
(BY OTHERS)
TYPE "D" CURB
(TYP.)
TYPE "D" CURB
(TYP.)
TYPE "D" CURB
(TYP.)
TYPE "D" CURB
(TYP.)
DUMPSTER ENCLOSURE
14.5'39.4'TYPE "D" CURB
(TYP.)
R2.0'
DETECTABLE WARNING
PER FDOT INDEX 522-002
(TYP.)
C
2
9.0'
(TYP.)5' THICKENED EDGE
CONCRETE SIDEWALK (TYP.)
A
C
6.0' P.U.E. & D.E.6.0' P.U.E. & D.E.6.0' P.U.E. & D.E.6.0' P.U.E. & D.E.6.0' P.U.E. & D.E.
15.0' LANDSCAPE BUFFER 15.0' LANDSCAPE BUFFER15.0' LANDSCAPE BUFFER15.0' LANDSCAPE BUFFER
5.0' LANDSCAPE BUFFER5.0' LANDSCAPE BUFFERC
D
CIRCULATION ARROW (TYP.)
(DO NOT STRIPE)
CIRCULATION ARROW (TYP.)
(DO NOT STRIPE)
± 90 SF EXISTING ASPHALT SIDEWALK
(TO BE REMOVED AND REPLACED)
6' X 6' BICYCLE RACK PAD
(BY OTHERS)
R1-1 SIGN W/
24" STOP BAR
E
EXISTING PARKING SUMMARY
USE PARKING RATIO REQUIRED PARKING PROVIDED PARKING
DAY CARE 1 SPACE PER STAFF &
1 SPACE FOR EVERY 10 STUDENT
20 TOTAL PARKING SPACES
(INCLUDING 1 HANDICAP SPACE)9 TOTAL PARKING SPACES
- ASSUMING 8 STAFF & 112 STUDENTS.
SETBACKS
MINIMUM SETBACK REQUIRED (FEET) PROVIDED (FEET)
REAR (FEET)30 40.7
SIDE (FEET)15 13 / 14.5
FRONT - PUBLIC (FEET)30 53.4
- NO LOADING SPACES REQUIRED OR PROVIDED.
NOTES:
EXISTING BICYCLE PARKING SUMMARY
USE PARKING RATIO REQUIRED PARKING PROVIDED PARKING
DAY CARE 5% OF VEHICLE PARKING SPACES 2 SPACES 0 SPACES
PARCEL 1
CATEGORY ACREAGE PERCENTAGE
BUILDING 0.00 0
IMPERVIOUS 0.15 39.47
PERVIOUS 0.23 60.53
TOTAL 0.38 100
PROPOSED LAND USE SUMMARY
PARCEL 2
ACREAGE PERCENTAGE
0.08 21.05
0.21 55.26
0.09 23.69
0.38 100.00
PROJECT
ACREAGE PERCENTAGE
0.08 10.52
0.36 47.37
0.32 42.11
0.76 100.00
PROPOSED PARKING SUMMARY
USE PARKING RATIO REQUIRED PARKING PROVIDED PARKING
DAY CARE 1 SPACE PER STAFF &
1 SPACE FOR EVERY 10 STUDENT
20 TOTAL PARKING SPACES
(INCLUDING 1 HANDICAP SPACE)
25 TOTAL PARKING SPACES
(INCLUDING 2 HANDICAPPED SPACES)J.R.ENGINEERINGEVANSHERE WE GROW DAYCAREPROJECT #:
SHEET:
00532-02# DATE REVISIONS1ST SUBMITTAL (JAN-2020)DATUM NOTE:
ALL ELEVATIONS REFERENCE NAVD88 VERTICAL DATUM.
APPROXIMATE CONVERSION FOR PROJECT AREA: NAVD88 + 1.27' = NGVD29
ANY DATUM CONVERSIONS SHOULD BE CONFIRMED BY A LICENSED
SURVEYOR PRIOR TO USE.J.R. EVANS ENGINEERING, P.A.9351 CORKSCREW ROAD, SUITE 102ESTERO, FLORIDA 33928PHONE: (239) 405-9148FAX: (239) 288-2537WWW.JREVANSENGINEERING.COMJOSHUA R. EVANS, P.E.
FL. LICENSE No. 57436
FL. COA # 29226
Q:\LAND 2017\532. HERE WE GROW DAYCARE\00532-01 ENGINEERING SERVICES-HERE WE GROW\00-AUTOCAD\00532-02 SDPI PARKING LOT\CURRENT PLANS\0053202-PLAN SET.DWG 2/19/2021 1:58 PM4MASTER SITE, PAVING AND SIGNAGE PLANN
PROPOSED BICYCLE PARKING SUMMARY
USE PARKING RATIO REQUIRED PARKING PROVIDED PARKING
DAY CARE 5% OF VEHICLE PARKING SPACES 2 SPACES 2 SPACES
SIGNAGE
30" x 30" STOP SIGN (R1-1) WITH
24" SOLID WHITE STOP BAR
DETAILS REFERENCED M.U.T.C.D. & F.D.O.T. DESIGN STANDARDS
F.D.O.T. DESIGN STANDARDS
INDEX # 711-001 - PAVEMENT MARKINGS
INDEX # 700-102 - SPECIAL SIGN DETAILS
M.U.T.C.D.
SECTION 2B.05 - STOP SIGN (R1-1)
SECTION 2C.50 - PEDESTRIAN CROSSING SIGN (W11-2)
SECTION 2B.37 - DO NOT ENTER SIGN (R5-1)
SECTION 2B.40 - ONE WAY SIGN (R6-2)
STOP PARKING BY
DISABLED
PERMIT
ONLY
FDOT INDEX # 700-102
(FTP20-06)
HANDICAP PARKING SIGN
(W11-2)
(PEDESTRIAN CROSSING)
A B C
(R5-1)
(DO NOT ENTER)
D
PARCEL 1
CATEGORY ACREAGE PERCENTAGE
BUILDING 0.00 0.00
IMPERVIOUS 0.00 0.00
PERVIOUS 0.00 0.00
TOTAL 0.00 0.00
EXISTING LAND USE SUMMARY
PARCEL 2
ACREAGE PERCENTAGE
0.08 21.05
0.12 31.58
0.18 47.37
0.38 100.00
PROJECT
ACREAGE PERCENTAGE
0.08 10.53
0.12 15.79
0.56 73.68
0.76 100.00
0
SCALE: 1" =
10' 20'40'
20'
(R6-2)
(DO NOT ENTER)
E
3.C.c
Packet Pg. 307 Attachment: Attachment B - Site Development Plan - PL20190001903 (19991 : Here We Grow Daycare (DR))
W12.0812.0611.9211.9911.9711.8911.9811.7711.5811.6511.4311.2511.4311.7811.8412.2312.2211.7211.6311.4911.2311.1311.3511.5311.9211.4611.1010.9610.8211.2010.3710.3610.719.6110.4610.3710.7010.7110.8810.9711.0010.7910.9911.9310.5610.6010.219.9410.1010.1210.1810.6810.7110.1810.2312.5510.1810.059.9411.4511.8911.8810.7110.699.789.8110.5111.3810.93GOLDEN GATE PARKWAY
(130' R.O.W.)6.0' P.U.E. & D.E.PARCEL
BOUNDARY
(TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
EXISTING HERE WE
GROW DAYCARE
(FFE = 12.77)
EXISTING
PLAYGROUND
PROPOSED
PLAYGROUND
PROPOSED DRY
RETENTION
STR #2
GRATE INLET
GRATE: 9.65
INV SE: 5.95
STR #CS1
MODIFIED TYPE "C" INLET
GRATE: 11.15
INV SE: 5.45
*SEE DETAIL ON SHEET 2
STR #3
TYPE 9 INLET
GRATE: 10.45
INV NE: 6.20
STR #1
TYPE "C" INLET
GRATE: 9.90
INV NW: 6.10
89 LF 24" RCP
@0.10%
EXISTING CULVERT
EXISTING CULVERT
MATCH EXISTING
PAVEMENT
MATCH EXISTING PAVEMENT
11.00
11.15
11.00
11.15
11.15
11.0512.12
12.20
11.10
11.02
11.15
11.15
11.00
11.02
11.20
11.35
11.40
11.45 11.45
11.50
11.25
11.10
11.35
11.20 11.3512.00 12.00
11.40
11.35
EXISTING 4" FORCE MAIN
12.07 12.12
11.25 11.35
12.12
12.20
11.20
11.20 12.00
12.00
FEMA ZONE "AH"
FEMA ZONE "X"
SHADED
FEMA ZONE "X"
FEMA ZONE "X"
SHADED
FEMA ZONE "X"
FEMA ZONE "AH"
FEMA FLOOD LINE
(TYP.)
FEMA FLOOD LINE
(TYP.)
EXISTING GRINDER
PUMP STATION
EXISTING 4" FORCE MAIN
EXISTING CONCRETE
PORCH
EXISTING VINYL
FENCE
SURFACE WATER
MANAGEMENT BASIN
BOUNDARY LINE (TYP.)
SURFACE WATER
MANAGEMENT BASIN
BOUNDARY LINE (TYP.)
MATCH EXISTING SIDEWALK
11.3011.20
77 LF 18" RCP
@0.45%
INSTALL 14 LF 10" HDPE CASING
AROUND EXISTING 4" FORCE MAIN
5.0' LANDSCAPE
BUFFER
TYPE "D" CURB
(MAX OF 6" OF "D" CURB CAN BE EXPOSED IF NECESSARY)
PL
SHW = 5.60 NAVD
SECTION A-A
NTS
VARIES
4.9' TO 5.5'
HERE WE GROW DAYCAREGOLDEN GATE PARKWAY
(130' R.O.W.)
ELEV VARIES 10.75' - 10.90'
MATCH EXISTING GRADE
ELEV = 10.1'±
EX. 6'
S/W
14.0'
EXISTING SWALE
TYPE "D" CURB
PL
SHW = 5.60 NAVD
SECTION B-B
NTS
DRIVE AISLE
HERE WE GROW DAYCARE
ELEV VARIES 11.20' - 11.45'
MATCH EXISTING GRADE
ELEV = 10.8'±
PL
SHW = 5.60 NAVD
SECTION C-C
NTS
HERE WE GROW DAYCARE5281 GOLDEN GATE PARKWAY
4:1 MAX
MATCH EXISTING GRADE
ELEV = 11.9±
PERIMETER BERM
(4:1 MAX SIDE SLOPES)
5.0'6.0'
TOP OF RETENTION AREA
ELEV = 11.15'
RETENTION AREA
BOTTOM OF RETENTION AREA
ELEV = 9.65'
6.0'
P.U.E.
& D.E.
PL
SHW = 5.60 NAVD
SECTION D-D
NTS
HERE WE GROW DAYCARE5424 28TH AVE SW &
5430 28TH AVE SW
MATCH EXISTING GRADE
ELEV = 12.1±
PERIMETER BERM
(4:1 MAX SIDE SLOPES)
5.0'6.0'
TOP OF RETENTION AREA
ELEV = 11.15'
RETENTION AREA
BOTTOM OF RETENTION AREA
ELEV = 9.65'
SHW = 5.60 NAVD
SECTION E-E
NTS
4:1 MAX
6.0'
TOP OF RETENTION AREA
ELEV = 11.15'
RETENTION AREA
BOTTOM OF RETENTION AREA
ELEV = 9.65'2% MAX
5.0'
S/W
18.0'
PARKING STALL
PARKING STOP (TYP.)
ELEV = 11.35'
PARKING STOP (TYP.)
1.4'1.2'
ELEV = 11.50'
0.5'2.0'
0.5'2.0'
1.0'
15.0'
LANDSCAPE BUFFER
18.0'
PARKING STALL
15.0'
LANDSCAPE BUFFER
3:1 MAX
10.0'
VACATED ALLEY
(RESOLUTION
NO. 95-639,
O.R.B. 2126,
PAGE 1968)
6.0'
P.U.E.
& D.E.
15.0'
LANDSCAPE BUFFER
4:1 MAX
6.0'
P.U.E.
& D.E.
4:1 MAX
6.0'
P.U.E.
& D.E.
2.0'
5281 GOLDEN GATE PARKWAY
J.R.ENGINEERINGEVANSHERE WE GROW DAYCAREPROJECT #:
SHEET:
00532-02# DATE REVISIONS1ST SUBMITTAL (JAN-2020)DATUM NOTE:
ALL ELEVATIONS REFERENCE NAVD88 VERTICAL DATUM.
APPROXIMATE CONVERSION FOR PROJECT AREA: NAVD88 + 1.27' = NGVD29
ANY DATUM CONVERSIONS SHOULD BE CONFIRMED BY A LICENSED
SURVEYOR PRIOR TO USE.J.R. EVANS ENGINEERING, P.A.9351 CORKSCREW ROAD, SUITE 102ESTERO, FLORIDA 33928PHONE: (239) 405-9148FAX: (239) 288-2537WWW.JREVANSENGINEERING.COMJOSHUA R. EVANS, P.E.
FL. LICENSE No. 57436
FL. COA # 29226
Q:\LAND 2017\532. HERE WE GROW DAYCARE\00532-01 ENGINEERING SERVICES-HERE WE GROW\00-AUTOCAD\00532-02 SDPI PARKING LOT\CURRENT PLANS\0053202-PLAN SET.DWG 2/19/2021 2:07 PM5MASTER GRADING, DRAINAGEAND CROSS SECTIONS PLANN
0
SCALE: 1" =
10' 20'40'
20'
A
A
BB
CC
D
D
E
E
SURFACE WATER MANAGEMENT SUMMARY
10-YEAR, 1-DAY STORM
RAINFALL (IN)6.90
PEAK STAGE (FT-NAVD)10.36
25-YEAR, 3-DAY STORM
11.20
0.11
RAINFALL (IN)
ALLOWABLE DISCHARGE (CFS)
0.22DESIGN DISCHARGE (CFS)
11.15PEAK STAGE (FT-NAVD)
11.15MINIMUM BERM ELEVATION (FT-NAVD)
100-YEAR, 3-DAY STORM
14.30RAINFALL (IN)
11.97PEAK STAGE (FT-NAVD)
GOLDEN GATE PARKWAY
(130' R.O.W.)
SURFACE WATER MANAGEMENT
SYSTEM BASIN MAP
SCALE: 1" = 40'
BASIN 1
3.C.c
Packet Pg. 308 Attachment: Attachment B - Site Development Plan - PL20190001903 (19991 : Here We Grow Daycare (DR))
GOLDEN GATE PARKWAY
(130' R.O.W.)
PARCEL
BOUNDARY
(TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
PARCEL
BOUNDARY (TYP.)
EXISTING HERE WE
GROW DAYCARE
(FFE = 12.77)
EXISTING
PLAYGROUND
PROPOSED
PLAYGROUND
PROPOSED DRY
RETENTION J.R.ENGINEERINGEVANSHERE WE GROW DAYCAREPROJECT #:
SHEET:
00532-02# DATE REVISIONS1ST SUBMITTAL (JAN-2020)DATUM NOTE:
ALL ELEVATIONS REFERENCE NAVD88 VERTICAL DATUM.
APPROXIMATE CONVERSION FOR PROJECT AREA: NAVD88 + 1.27' = NGVD29
ANY DATUM CONVERSIONS SHOULD BE CONFIRMED BY A LICENSED
SURVEYOR PRIOR TO USE.J.R. EVANS ENGINEERING, P.A.9351 CORKSCREW ROAD, SUITE 102ESTERO, FLORIDA 33928PHONE: (239) 405-9148FAX: (239) 288-2537WWW.JREVANSENGINEERING.COMJOSHUA R. EVANS, P.E.
FL. LICENSE No. 57436
FL. COA # 29226
Q:\LAND 2017\532. HERE WE GROW DAYCARE\00532-01 ENGINEERING SERVICES-HERE WE GROW\00-AUTOCAD\00532-02 SDPI PARKING LOT\CURRENT PLANS\0053202-PLAN SET.DWG 2/19/2021 1:58 PM6EROSION CONTROL PLANN
STORM WATER POLLUTION PREVENTION NOTES
GENERAL REQUIREMENTS
1. INSTALL EROSION CONTROL DEVICES AROUND THE PROJECT BOUNDARY AND AS NEEDED
TO PREVENT SOIL FROM LEAVING THE SITE.
2. EROSION CONTROL DEVICES WILL BE BUILT TO PREVENT SOIL FROM LEAVING THE SITE AND
SHALL BE INSTALLED PRIOR TO ANY SITE GRUBBING AND/OR DEMOLITION.
3. STABILIZE ALL PERIMETER BERMS AND SLOPES TO PROTECT AGAINST EROSION.
4. WRAP INLET GRATES WITH FILTER FABRIC UNTIL THE DRAINAGE AREA TO EACH INLET IS
STABILIZED WITH EITHER PAVEMENT OR SOD
5. MAINTAIN SILT FENCE, GEO BALES, FILTER FABRIC, AND ALL OTHER EROSION CONTROL
DEVICES UNTIL STABILIZATION IS ESTABLISHED TO PREVENT SOIL FROM LEAVING THE SITE.
6. INSTALL ALL EROSION CONTROL DEVICES AS PER F.D.O.T. DESIGN STANDARD
7. IF WIND EROSION BECOMES SIGNIFICANT DURING CONSTRUCTION, STABILIZE THE
AFFECTED AREA BY WETTING OR OTHER ACCEPTABLE METHODS.
8. REMOVE ALL SILTATION ACCUMULATIONS GREATER THAN THE LESSER OF 12 INCHES OR
ONE-HALF THE DEPTH OF THE SILTATION CONTROL DEVICE.
9. REMOVE SILTATION ACCUMULATIONS IN ANY DRAINAGE PIPE AFFECTED BY CONSTRUCTION
ACTIVITIES ON THE SITE PRIOR TO COMPLETION OF CONSTRUCTION.
10. MAINTAIN ALL BERM ELEVATIONS DURING CONSTRUCTION.
11. LOCATIONS OF EROSION CONTROL DEVICES MAY BE ADJUSTED DUE TO FIELD CONDITIONS.
12. DETAILS REPRESENT TYPICAL MEASURES FOR THE SITUATION DEPICTED. BASED ON SITE
CONDITIONS ALL DETAILS MAY NOT BE APPLICABLE TO THE PROJECT. USE APPROPRIATE
DETAIL FOR SITUATION ENCOUNTERED ON SITE.
13. BARRIERS ARE TO BE HIGHLY VISIBLE WITH BRIGHTLY COLORED ALL-WEATHER MESH
MATERIAL OR EQUIVALENT, AND THE STAKES SHALL BE NO MORE THAN 10' APART.
14. PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITY, APPROPRIATE EROSION CONTROL
DEVICES SHALL BE INSTALLED TO CONTROL AND REDUCE SOIL EROSION AND SEDIMENT
TRANSPORT TO OFF-SITE ARES. THE CONTRACTOR SHALL MAINTAIN THESE DEVICES
THROUGHOUT THE DURATION OF CONSTRUCTION. ALL DEVICES SHALL REMAIN IN PLACE
UNTIL THE SURROUNDING AREAS ARE ESTABLISHED.
15. THE FOLLOWING MINIMUM REQUIREMENTS ARE RECOMMENDED:
(REFERENCE FLORIDA DEVELOPMENT MANUAL, FDEP, PPS 6-301 TO 6-500
A) BMP 1.01 - TEMPORARY GRAVEL CONSTRUCTION ENTRANCE.
B) BMP 1.05 - GEO BALE BARRIER
C) BMP 1.06 - SILT FENCE
D) BMP 1.08 - STORM INLET DRAIN PROTECTION
16. APPROPRIATE INLET PROTECTION TO PREVENT EROSION IS REQUIRED FOR ALL INLETS
THROUGHOUT SITE CONSTRUCTION.
WORK WITHIN PUBLIC RIGHTS-OF-WAY
17. SLOPES 4:1 TO 3:1 SHALL BE STABILIZED WITH STABILIZED SOD
18. SLOPES STEEPER THAN 3:1 SHALL BE STABILIZED WITH RIP-RAP, AS SHOWN ON THE PLANS.
19. SLOPES SHALL BE STABILIZED IMMEDIATELY UPON FINISH GRADING.
20. STORMWATER BMP'S FOR A GIVEN WORK ZONE MAY BE REMOVED IMMEDIATELY FOLLOWING
FINAL STABILIZATION.
6' O
.
C
.
2. EXCAVATE A 4"x4" TRENCH
UPSLOPE ALONG THE LINE OF
THE STAKES.
4. BACKFILL AND COMPACT
THE EXCAVATED SOIL.
1. SET THE STAKES.
TYPICAL SILT FENCE DETAIL
NTS
3. STAPLE FILTER MATERIAL
TO STAKES AND EXTEND IT
INTO THE TRENCH.
CATCH BASIN PROTECTION DETAIL
NTS
GRAVEL FILTER BAGS
FILTER FABRIC TO BE PLACED
UNDER CATCH BASIN GRATE
SILT FENCE (TYP.)
SILT FENCE (TYP.)
SILT FENCE (TYP.)
0
SCALE: 1" =
10' 20'40'
20'
3.C.c
Packet Pg. 309 Attachment: Attachment B - Site Development Plan - PL20190001903 (19991 : Here We Grow Daycare (DR))
ORDINANCE NO. 2021 - 14
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE AND ZONING ATLAS, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO
CREATE THE GOLDEN GATE PARKWAY OVERLAY DISTRICT
GGPOD) AND ELIMINATE THE GOLDEN GATE PARKWAY
PROFESSIONAL OFFICE COMMERCIAL OVERLAY (GGPPOCO) AND
THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY
DISTRICT (GGDCCO), AND ESTABLISH USES, BOUNDARIES AND
DESIGN STANDARDS, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE
GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 -
ABBREVIATIONS; CHAPTER TWO - ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS AND
SECTION 2.05.01 - DENSITY STANDARDS AND HOUSING TYPES;
CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING SECTION 4.02.26 - DESIGN STANDARDS FOR THE
GOLDEN GATE PARKWAY OVERLAY DISTRICT (GGPOD) WHICH
WILL REPLACE THE GOLDEN GATE PARKWAY PROFESSIONAL
OFFICE COMMERCIAL OVERLAY DISTRICT (GGPPOCO)-SPECIAL
CONDITIONS FOR THE PROPERTIES ABUTTING GOLDEN GATE
PARKWAY EAST OF SANTA BARBARA BOULEVARD AS
REFERENCED IN THE GOLDEN GATE PARKWAY PROFESSIONAL
OFFICE COMMERCIAL DISTRICT MAP (MAP 2) OF THE GOLDEN
GATE AREA MASTER PLAN, AND INCLUDING SECTION 4.02.37 -
DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE
DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT
GGDCCO), SECTION 4.02.38-SPECIFIC DESIGN CRITERIA FOR
MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING
DISTRICTS, SECTION 4.05.02 - DESIGN STANDARDS; CHAPTER
FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.04
GROUP HOUSING AND SECTION 5.05.08 ARCHITECTURAL AND
SITE DESIGN STANDARDS; AND CHAPTER 10 - APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SECTION 10.03.06 - PUBLIC NOTICE AND REQUIRED HEARINGS
FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
Page 1 of 42
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3.C.d
Packet Pg. 310 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on October 8, 2020, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on February 23, 2021 and March 9, 2021, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
Page 2 of 42
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3.C.d
Packet Pg. 311 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
SECTION TWO:FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1.Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3.Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4.Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5.Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6.On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7.Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8.Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9.Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
Page 3 of 42
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3.C.d
Packet Pg. 312 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.01 Abbreviations
Page 4 of 42
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3.C.d
Packet Pg. 313 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
GGAMP Golden Gate Area Master Plan
GGPOD Golden Gate Parkway Overlay District
GGPOD-AC Golden Gate Parkway Overlay District-Activity Center subdistrict
GGPOD-DT Golden Gate Parkway Overlay District-Downtown subdistrict
GMP Collier County Growth Management Plan
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
F. Golden Gate Parkway Overlay District (GGPOD)
1.Purpose and intent. The purpose and intent of these provisions is to implement
the goals, objectives, and policies of the GGAMP, specifically the Golden Gate
City Sub-Element. These provisions shall also be utilized in concert with the
County's Golden Gate City Economic Development Zone, Ordinance 2018-56.
2.Applicability.
a.The use regulations of this LDC section and the design standards of LDC
section 4.02.26, shall apply to all properties as shown in Illustration 1 of
LDC section 2.03.07 F.4.b.
b.Property owners within the GGPOD may establish uses, densities, and
intensities in accordance with the underlying zoning classification or the
GGPOD. The design standards of the GGPOD pursuant to LDC Section
4.02.26 shall apply.
c. Any PUD established prior to [the effective date of this ordinance,'
including amendments or boundary changes, may elect to utilize the use
regulations and design standards of the GGPOD. Any PUD proposed
after [the effective date of this ordinancel shall apply the provisions of the
GGPOD, unless a deviation is approved in accordance with LDC Section
10.02.13 A.3.
d.Where a property or a PUD is partially located within the boundary of the
GGPOD, the provisions of the GGPOD shall only be available to that
portion of the property located within the GGPOD.
e.Conditional Uses approved prior to [the effective date of this ordinance'
that include design standards inconsistent with the provisions of the
Page 5 of 42
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3.C.d
Packet Pg. 314 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
GGPOD may elect to utilize the provisions of the GGPOD without the
review of the CU as required by LDC section 10.02.08 G.4.
3.Definitions. The following definitions shall apply to the GGPOD:
Mixed use: A single development project with a residential component and a
nonresidential component. The mix of uses may be arranged horizontally
separate buildings with a common development plan) or vertically (in the same
building), or some combination of both. Examples include but are not limited to
the following:
Vertical mixed use
Horizontal mixed use
4.Establishment of subdistricts.
a.Purpose and Intent.
The Mixed Use Activity Center Subdistrict (GGPOD-AC). This
subdistrict is intended to be mixed-use (commercial, residential,
institutional) in character. The concept is designed to concentrate
new and existing commercial zoning in locations where traffic
impacts can be readily accommodated, to avoid strip and
disorganized patterns of commercial development, and to create
focal points within the community. The standard for intensity of
commercial uses are uses allowed in the C-1 through C-5 zoning
districts but with certain exceptions. In addition, uses that are
specifically intended to support economic development in Golden
Gate City are also allowed.
ii.Downtown Center Commercial Subdistrict (GGPOD-DT). This
subdistrict is to encourage redevelopment along Golden Gate
Parkway in order to improve the physical appearance of the area
and create a vibrant and viable downtown subdistrict within
Golden Gate City. Emphasis shall be placed on the creation of a
pedestrian-oriented boulevard. The provisions of this subdistrict
are intended to ensure harmonious development of commercial
and mixed use buildings at a pedestrian scale that are compatible
with residential development within and outside of the subdistrict.
The subdistrict allows the aggregation of properties in order to
promote flexibility in site design. The types of uses permitted
within this subdistrict are retail, office, personal services,
institutional, and residential. Non-residential development is
Page 6 of 42
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3.C.d
Packet Pg. 315 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
intended to serve the needs of residents within the subdistrict,
surrounding neighborhoods, and passerby.
b.Boundaries of GGPOD and subdistricts. The boundaries of the GGPOD
and subdistricts are identified in Illustration 1 below:
j
f'` tai^=
F:
Golden Gate Parkway Overlay District y
7,t c t`fi
Downtown Center Commercialrc+s!Subdistrict(OOPOD-DT
a 1
i
r
c Pitvp 9 Ti 7-,-
t'i`' ,')
t Mixed Us* Lill-.i
tj +Activity Center
od
1
1- Subdistrict
Q
tlij _. i
a ''
b
t 4,Rcoui
µ
Do rntown`Canter
Y.
i, c,' -.` a'
1 Commercial Subdistrict> 0'
r '(00P00-D7)
i- i.
7
I
r
t 1
t.y
LEGEND
Mgt P1.14D rir GrSAD MAPPING sFcrgN 0 500 1,000 2,000 Feet
44, t"""7 Goiwn4m P+rkrmy
u+tUwn.wrtnrtMir+r otPNt,MeHI
1,_..+. . 1 1 N .__4 1 ICJ OM rtq nNirkti
wit asmw
map to be added)
Illustration 1 - GGPOD with subdistricts
5.Table of Uses.
a.The Table of Uses identifies uses as permitted uses (P) or conditional
uses (CU). Conditional uses shall require approval in accordance with
the procedures set forth in LDC section 10.08.00.
b.Table 1.
Use Category Mixed Use Downtown
Activity Center
Center Commercial
Subdistrict Subdistrict
Page 7 of 42
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3.C.d
Packet Pg. 316 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
GGPOD- (GGPOD-
AC)1 DT)1
Residential Uses
1 Artist village. P P
al Dwelling, Multi-Family, including townhouses. P P
Live-work units.P P
Any use listed as permitted in the underlying P P
zoning.
Any use listed as a conditional use in the CU CU
underlying zoning district.
Commercial Uses2
11 Any use listed as permitted in the underlying P P
zoning district.
Any use listed as a conditional use in the C C
underlying zoning district.
21 Any use listed as a permitted use in any of the C- P P
1, C-2, or C-3 zoning districts, without size
limitations.
41 Any use listed as a conditional use in any of the P CU4
C-1, C-2, or C-3 zoning districts, without size
limitations.
Any use listed as a permitted use in the C-4 or C- P
5 zoning districts.
61 Any use listed as a conditional use in the C-4 or CU4
C-5 zoning districts.
fl Hotels and motels (7011, 7021, and 7041). P P
Economic Development Uses2'3
11 Aircraft and parts (3721-3728). P
21 Beverages (2082-2087). P
21 Communications equipment (3661-3669). P_
4 Computer and office equipment (3571-3579).P
5.1 Construction, mining, and materials handling P
3531, 3534-3537).
ql Dental laboratories (8072). P
11 Drugs (2833-2836). P
al Electrical industrial apparatus (3621-3629). P
al Electric lighting and wiring equipment (3641- P
3646, 3648).
10) Electric transmission and distribution equipment P
3612-3613).
11) Electronic components and accessories (3671- P
3679).
12) Engines and turbines (3511-3519). P
13) Farm machinery and equipment (3523-3524). P
14) Furniture and fixtures, not elsewhere classified P
2599).
15) General industrial machinery and equipment P
3561, 3563, 3565-3569).
16) Household appliances, not elsewhere classified P
Page 8 of 42
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3.C.d
Packet Pg. 317 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
3639).
17) Household audio and video equipment, and P
audio (3651-3652).
18) Jewelers' findings and materials, and lapidary P
work (3915).
19) Laboratory apparatus and analytical, optical, P
measuring, and controlling instruments (3821-
3829).
20) Manufacturing industries, not elsewhere P
classified (3999).
21) Metalworking machinery and equipment (3546 P
and 3548).
22) Miscellaneous electrical machinery, equipment, P
and supplies (3691-3692, 3695-3699).
23) Miscellaneous industrial and commercial (3593- P
3599).
24) Ophthalmic goods (3851). P
25) Photographic equipment and supplies (3861). P
26) Refrigeration and service industry machinery P
3581-3582, 3586-3589).
27) Search, detection, navigation, guidance, P
aeronautical, and nautical systems and
instruments (3812).
28) Special industry machinery, except metalworking
3552-3559).
29) Surgical, medical, and dental instruments and P
supplies (3841-3845).
30) Transportation equipment, not elsewhere P
classified (3799).
31) Watches, clocks, clockwork operated devices, P
and parts (3873).
32) Any other Economic Development use which is P
comparable in nature with the list of permitted
uses contained herein and consistent with the
purpose and intent statement of the GGPOD as
determined by the Hearing Examiner or Board of
Zoning Appeals, pursuant to LDC section
10.02.06.
Notes:
See LDC section 2.03.07 F.6. for specific prohibitions in the
GGPOD.
2 See LDC section 4.02.26 B.14. for pollution control standards.
3 See LDC section 4.02.26 C. for design standards specific to
Economic Development uses.
4 Vertical mixed use developments shall be permitted uses.
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6.Prohibited uses. These uses are prohibited, except that uses existing as of
effective date of Ordinancel may continue to operate as a permitted use until the
use ceases for a period of one year. This section does not apply to the uses
allowed in the underlying zoning district.
a.Prohibited uses in the GGPOD-AC and GGPOD-DT.
Ancillary plants.
ii.Animal specialty services, except veterinary (0752, with outdoor
kenneling).
iii. Automobile dealers (5511 and 5599).
iv. Automobile parking (7521), tow-in parking lots only.
v.Automotive services (7549).
vi. Automotive repair services (7532-7539).
vii. Boat dealers (5551).
viii. Building construction (1521-1542).
ix. Car washes (7542).
x.Carpentry and floor work contractors (1751-1752).
xi. Communication towers.
xii. Concrete work (1771).
xiii. Correctional institutions (9223).
xiv. Electrical contractors (1731).
xv. Equipment Rental and Leasing, Not Elsewhere Classified (7359 —
airplane rental and leasing; industrial truck rental and leasing; oil
field equipment rental and leasing; oil well drilling equipment rental
and leasing; and toilets, portable: rental and leasing only).
xvi. Farm product raw materials (5153-5150).
xvii. Fuel dealers (5983-5989).
xviii. Gasoline service stations (5541).
xix. Glass and glazing work (1793).
xx. Golf courses, public (7992).
xxi. Heating and air-conditioning contractors (1711).
xxii. Heavy construction equipment rental and leasing (7353).
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xxiii. Installation or erection of building equipment contractors (1796).
xxiv. Local trucking without storage (4212).
xxv. Marinas (4493 and 4499).
xxvi. Masonry, stonework, tile setting and plastering contractors (1741-
1743).
xxvii. Mobile home dealers (5271).
xxviii. Motion picture theatres, drive-in (7833).
xxix. Motor freight transportation and warehousing (4225).
xxx. Motor vehicle dealers, new and used (5511, 5521).
xxxi. Motorcycle dealers (5571).
xxxii. Outdoor storage yards.
xxxiii. Packing Services (4783).
xxxiv. Painting and paper hanging (1721).
xxxv. Passenger car leasing (7515).
xxxvi. Passenger car rental (7514).
xxxvii. Plumbing contractors (1711).
xxxviii. Recreational vehicle dealers (5561).
xxxix. Roofing, siding and sheet metal work contractors (1761).
xl. Special trade contractors, not elsewhere classified (1799).
xli. Structural steel erection contractors (1791).
xlii. Taxicabs (4121).
xliii. Truck rental and leasing, without drivers (7513).
xliv. Veterinary services (0741 & 0742, with outdoor kenneling).
xlv. Utility trailer and recreational vehicle rental (7519).
b. Additional prohibitions for the GGPOD-DT only.
No automatic food and drink vending machines located outside of
a building.
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ii.Enameling, painting, or plating as a principal use is prohibited;
however, these are permitted if accessory to an artist or craft
studio.
iii. Prisons, detention facilities, halfway houses, soup kitchens,
homeless shelters, and single-room occupancy hotels, which are
dormitory-style hotels with shared bathrooms and public space.
E. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO).
1.The provisions of the "GGPPOCO" district are intended to provide Golden Gate
districts.
2.These regulations apply to properties north and south of Golden Gate Parkway,
a.Permitted Uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Architectural services (8712).
5. Auditing (8721).
6.Banks and credit Unions (6021 6062).
7.Bookkeeping services (8721).
8.Business associations (8611).
9.Business consulting services (8718).
11. Commercial art and graphic design (7336).
12. Commercial photography (7335).
13. Computer programming services (7371).
14. Computer programming, processing, data preparation, information
7371, 7374 7376, 7379).
15. Credit reporting services (7323).
16. Direct mail advertising services (7331).
17. Eating places (5812 except carry out restaurants; contract
feeding; dinner theaters; drive in and drive through restaurants;
saridwich"shaps),
18. Employment Agencies (7361).
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19. Engi veering services (871 1
21. Holding and other investment offices (6712-6799).
22. Insurance carrier, agents and brokers (6311 6399, 6111).
23. Legal cervices (8111).
21. Loan brokers (6163).
25. Management services (8741-8712).
26. Mortgage bankers and loan correspondents (6162).
27. Museums and art galleries (8412).
28. Personal credit institutions (6141).
29. Photographic studios, portrait (7221).
30. Professional Membership organizations (8621).
31. Public administration (9111-9199, 9229, 9311, 9411-9451,
9511 9532, 9611 9661).
32. Public relations services (8743).
33. Radio, television and publishers advertising representatives
7313).
31. Real estate (6512 6511, 6519, 6531 6553).
35. Research, development, and testing services (8732).
services (6211 6289).
38. Surveying services (8713).
naration services• (7291
410. Travel agencies (1724).
411. Veterinary services (0742, excluding outside kenneling).
412. Any other commercial use which is comparable in nature with the
list of permitted uses, and consistent with the purpose and intent
statement of the overlay, as determined by the Hearing Examiner
or CCPC, pursuant to LDC section 10.02.06 K.
b. Accessory Uses.
1.Uses and structures that arc acccs .ory and incidental to the
permitted uses.
O. Reserved.
Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate
the Golden Gate Area Master Plan and as contained herein.
1. Applicability. These regulations apply to properties in Golden Gate City lying
Place / to the nortl l
A5th Street SW to the •vest nd Al ct Street SW and
e
the west nd4, tgtStreet SW to the-east. These properties are more preciselyram-Q,T
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the Golden Gate Area Master Plan and as depicted on the applicable official
allowed in the „nderlying zoning districts
2.Purposo and Intont. The purpose and intent of this overlay district (sec
herein in order to improve the physical appearance of the area and create a
Estates. Emphasis shall be placed on the
overlay district are intended to promote resident business ownership. The
provisions of this overlay district arc intended to ensure
gs at a pedestrian
overlay
3.Aggregation of Properties. This overlay district encourages the aggregation of
properties in order to promote flexibility in site design. The types of uses
sere the needs—ef—;es dents—within theoverlay district surrounding
4.Permitted uses.
a.Residential uses: As permitted by right in the existing residential zoning
dictrists, except as otherwise prohibited by this overlay, when:
1.In an existing owner occupied structure.
2.In an existing non-owner occupied structure, until such time as
b.Residential within a mixed use building
c.Commercial uses:
1. Accounting services (8721).
2. Adjustment and collection services (7322).
3. Advertising Agencies (7311).
4. Apparel & accessory stores (5611 5699).
floor.
6. Auto and home supply stores (5531).
7.Barber shops (7211).
8.Beauty shops (7231).
9.Building cleaning and maintenance services (73,19).
10. Business associations (8611).
11. Business consulting services (8748).
12. Business services miscellaneous (7397).
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13. Business repair service.
11. Carpet and upholstery cleaning (7217).
15. Commercial art and graphic design (7336).
16. Commercial photography (7335).
17. Computer programming, data processing, rental, leasing, repair
and other services (7371 7379).
18. Computer and computer software stores (5731).
19. Credit reporting services (7323).
20. Department stores (5311).
21. Direct mail advertising services (7331).
22. Disinfecting and pest control services (7312).
23. Drug stores (5912), limited to 5,000 square feet per floor.
24. Eating establishments and places (5812 except commercial use
employing drive up, drive in, or drive through delivery of goods
and/or services).
25. Electrical and electronic repair shop (7629).
26. Employment agencies (7361).
27. Engineering services (8711), limited to 5,000 square feet per floor.
28. Equipment rental and leasing (7359), not including heavy
29. Essential services, see sec. 2.01.03; except that law enforcement,
fire, and emergency medical services uses are limited to
30. Food stores (groups 5111 5199).
31. Funeral service and crematories (7261).
32. General merchandise stores (5331 5399).
33. Glass stores (5231).
31. Hardware stores (5251).
35. Health services, offices and clinics (8011 8049).
36. Home furniture and furnishing stores (5712 5719).
37. Home health care services (8082).
38. Household appliance stores (5722).
39. Insurance carriers, agents and brokers (6311 6399, 6411).
10. Labor unions (8631).
11. Landscape architects, consulting and planning (0781), limited to
5,000 square feet per floor.
12. Large Appliance Repair Service (7623).
13. Laundry and drycleaners agents, garment pressing, linen supply,
cleaning services (7212, 7213, 7219); no coin operated laundries
or drycleaners.
411. Legal services (8111).
45. Libraries (8231).
16. Management services (8711, 8712).
17. Medical equipment rental and leasing (7352).
18. Membership organizations miscellaneous (8699).
19. Museums and art galleries (8112).
50. Musical instrument stores (5736).
51. Outdoor advertising services (7312).
52. Paint stores (5231).
described as a small area accessible to the general public that
often includes plantings, fountains, seating areas, and other
similar passive open space features.
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5'l. R es lines miss cc n 779 babysittinn b heal
clothing and costume rental, dating service, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical
55. Personnel supply services (7363, except labor pools).
56. Photocopying and duplicating services (7331).
57. Photofinishing laboratories (7384).
58. Photographic studios, portrait (7221).
59. Physical fitness facilities (7991).
60. Political organizations (8651).
61. Professional membership organizations (8621).
62. Public relations services (87143).
63. Radio, television and consumer electronics stores (5731).
64. Radio, television and publishers advertising representatives
7313).
65. Record and prerecorded tape stores (5735).
66. Real estate (6512, 6531, 6541).
67. Retail miscellaneous (5921 5963 and 5992 5999, excluding
lion for store pawn shuns retail Firearm and ammo nition_sales\
limited to 5,000 square feet per floor.
68. Retail nurseries, lawn and garden supply stores (5261).
69. Schools vocational (8213-8299).
70. Secretarial and court reporting services (7338).
71. Security and commodity brokers, dealers, exchanges, and
cervices (6211 6289).
72. Shoe repair shops or shoeshine parlors (7251).
73. Surveying services (8713), limited to 5,000 square feet per floor.
7'I. Tax return preparation services (7291).
75. United States Postal Service (4311, except major distribution
center).
76. Videotape Rental (7841), limited to 1,800 square feet of gross
floor area.
77. Wallpaper stores (5231).
78. Watch, clock and jewelry repair(7631).
below.
a.Caretaker's residence, accessory to commercial and mixed use projects
oY-
b.Enameling, painting, or plating, accessory to an artist's studio or craft
fly.
c.Play areas and playgrounds.
d.Recreational facilities.
6.Conditional uses. Conditional uses within the GGDCCO include the uses listed
below, subject to the standards and procedures established in section 10.08.00.
a. Auctioncering Services, auction rooms and houses (5999, 7389); limited
to 5,000 square feet per floor.
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b.Community centers.
c.Dance studios, schools, and halls (7911).
d.Food stores (5411 5,199), over 5,000 square feet.
c.Motion picture theaters (7832).
f.Outdoor dining areas, not directly abutting the Golden Gate Parkway
7 Prohibi Prohibited uses within the G ^ e u ec. listed
rQTr., e esr,-,vrrtvrc a—Q'v'Q--•- r ,,-r,d BGb-i}s l{e-th Q-ca rQrGQ
below :
a.New residential only structures.
b. Any commercial use employing drive up, drive-in or drive-through delivery
of goods or services.
c.Sexually oriented businesses (Code of Laws 22 1- 1-eroe -
permitted if secondary to an artist's or craft studio.
c.Singlc room occupancy hotels, prisons, detention facilities, halfway
houses, soup kitchens or homeless shelters.
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND
HOUSING TYPES
Section 2.05.01, Density Standards and Housing Types, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.05.01 Density Standards and Housing Types
A. Where residential uses are allowable, the following density standards and housing type
criteria shall apply.
Housing Type: Single- Duplex Townhouse Multifamily Mobile Cluster Guest Caretaker Timeshare Recreational Maximum
Zoning District: family Home House Units vehicles' Density2'"
number
allowed) units per
gross acre)
GGDCCO Per the
GMP
andleF4he
GGPOD g
zoning
distrist
SUBSECTION 3.D. AMENDMENTS TO SECTION 4.02.26 DESIGN STANDARDS FOR THE
GOLDEN GATE PARKWAY OVERLAY DISTRICT (GGPOD)
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Section 4.02.26, Design Standards for the Golden Gate Parkway Overlay District (GGPOD), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.26 Design Standards For The Golden Gate Parkway Overlay District (GGPOD)
A. General.
1.Unless otherwise specified, the standards contained in this section shall be
applicable to all development, except for single-family dwellings (detached) and
two-family dwellings on residentially-zoned lots, group housing, public schools,
and any use listed as a prohibited use pursuant to LDC section 2.03.07 F.6.a.
These excepted uses shall comply with the dimensional standards for principal
and accessory uses in the underlying zoning district and all other applicable
standards of the LDC.
2.The provisions of LDC section 4.02.38 shall not apply to properties in the
GGPOD.
3.LDC provisions of LDC section 5.03.02 H. shall not apply to properties in the
GGPOD.
4.The provisions of LDC section 5.05.07 shall not apply to townhouse development
in the GGPOD.
5.The provisions of LDC section 5.05.08 shall not apply to "vertical mixed use"
projects in the GGPOD, except for the following standards:
a.LDC section 5.05.08 D.B. (overhead doors);
b.LDC section 5.05.08 D.15. (neon tubing);
c.LDC section 5.05.08 E.B. (parking structures), which shall be in
accordance with LDC section 4.02.26 B.9.
d.LDC section 5.05.08 F.3. (pedestrian pathways);
e.LDC section 5.05.08 F.4. (service function areas and facilities);
f. LDC section 5.05.08 F.6. (drive-through facilities location and buffering
standards); and
q.LDC section 5.05.08 F.7. (lighting).
B. Architectural, building, and site design standards.
1.Table 1. Dimensional Requirements in the GGPOD.
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Residential Use
Non-Residential Use
and Mixed Use
Townhouse: 2,000
Min. Lot Area (square feet) per unit);10,000
Multi-Family: 10,000
Min. Lot Width (linear feet)
Townhouse: 20
100
Multi-Family: 100
Max. Floor Area Ratio N/A 0.90 (hotels only)
Min. Floor Area (square feet
Efficiency: 450
per unit)
1 Bedroom: 600 N/A
2+ Bedroom: 750
Max. Building Coverage (%) 100
Required Yards
Min. Front Yard (feet) 0'2
Max. Front Yard (feet) 15
Min. Side Yard (feet) 01
Min. Rear Yard (feet) 5
Max. Zoned Height (feet)
GGPOD-AC
Townhouse: 45
75
Multi-Family: 75
Townhouse: 453 sGGPOD-DT Multi-Family: 60
60
Notes:
No building, appurtenance, or site design element listed in LDC
section 4.02.01 D., or any outdoor seating areas shall project
beyond the property line or be placed into a right-of-way.
2 All projects providing a front yard setback greater than zero feet
must accommodate pedestrians, bicyclists, or be designed with
combination of planting, seating, or hardscaped areas.
3 Or in conformance with the maximum height allowed by the
underlying zoning district, whichever is greater.
2.Terminating vistas. Buildings or projects that terminate a vista at the end or
turning point of any street or pedestrian path shall include design features to
emphasize the importance of the view. Examples of design features include but
are not limited to tower elements, porte-cocheres, and cupolas.
3.Blank walls. Building wall areas must be interrupted with a minimum of an
opening or relief work every 120 square feet, measured both horizontally and
vertically. Examples of relief work may include but not be limited to stucco
reveals, foam decorative banding, planted trellises, or other design treatments.
4.Roof material. Asphalt shingles are prohibited.
5.Exterior building facade materials. Corrugated or metal panels are limited to no
more than 33 percent of exterior building facades (not applicable to roofs).
6. Architectural massing. Transitional massing elements specified in LDC section
5.05.08 D.3. shall be provided on proposed buildings in the GGPOD that are
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twice the height or more of adjacent residential development located external to
the GGPOD or twice the height or more of the maximum height allowed on
adjacent residentially-zoned properties that are external to the GGPOD.
7.Streetscape design of buildings. The standards contained herein are
applicable to all properties fronting on existing rights-of-way that are 60 feet in
width or greater or on new streets of any width platted after f the adoption date of
this ordinance) pursuant to LDC section 4.02.26 D.
a.Design features at intersections. Buildings located at the intersection
of two or more arterial, collector, or new streets platted after fthe adoption
of this ordinance) shall include design features to emphasize their location
as gateways and transition points within the community. Examples of
required design features include but are not limited to tower elements,
public plazas, or courtyards.
b.Windows. The ground floor of non-residential buildings shall have at
least 60 percent of its facade designed with windows to provide visual
interest for pedestrians and to serve as a deterrent to crime.
c.Building entrances. Buildings located along public or private streets
must be designed with main entrances for pedestrians clearly defined and
oriented to the street.
8.Landscape. Landscaping and buffering shall be provided in accordance with
LDC section 4.06.00 at time of SDP or PPL, except as follows:
a.Buffers. No landscape buffer shall be required along the perimeter of any
lot line, except where such lot consists of a nonresidential use and is
adjacent to lands located outside the GGPOD and zoned for single-family
residential dwellings. In this instance, a minimum five-foot wide planting
strip with shrubs and trees shall be required. Shrubs shall be no less
than five feet in height and spaced a maximum of four feet on-center at
the time of planting. Trees shall be a minimum of 10 feet in height, four
feet in spread, 1-3/4-inch caliper, and spaced a maximum of one per 25
linear feet. These landscape buffers may be interrupted to provide for
pedestrian access only.
b.Parking lots, vehicular use area, and service function areas. Landscaping
for off-street parking lots, vehicular use areas, and service function areas
shall be designed in accordance with LDC section 4.06.03, except for the
following_
Interior of parking lot.
a) A maximum of 30 percent of the landscape islands may
have a minimum width of five feet inside planting area.
b) Plantings within parking lots shall be a maximum of 25
percent turf grass. The balance shall be shrubs or
groundcover in planting areas appropriate to the design.
ii.Perimeter of parking lot, vehicular use area, or service function
area. The perimeter shall have a five-foot wide perimeter planting
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area, exclusive of curbing. The perimeter planting area shall be
designed in accordance with the following:
a) Trees a minimum of 10 feet in height, four feet in spread,
1-3/4-inch caliper, and spaced a maximum of one per 25
linear feet.
b) Shrubs arranged in a staggered pattern with a minimum
size of three gallons, spaced no more than three feet on-
center at the time of planting to provide year-round
screening. Where the perimeter planting area abuts lands
outside the GGPOD and zoned for single-family
residential, the shrubs shall be no less than five feet in
height and spaced four feet on-center at the time of
planting.
c)Perimeter planting strips may be interrupted to provide for
driveway openings or for pedestrian access points.
c.Building foundation plantings.
Buildings, including parking structures with ground floor
commercial or residential along the front facade, shall be required
to have foundation plantings designed in accordance with LDC
section 4.06.05, except for as follows:
a) The minimum required planting area shall be the
equivalent of 10 percent of the gross ground floor area of
the building.
b) As an alternative to providing a continuous building
foundation planting width, the planting areas shall be
located within 25 feet of the building edge in the form of
landscaped courtyards and seating area landscaping.
c)It is unnecessary to provide foundation plantings along
facades where the building is setback less than five feet
from the property line; however, the minimum size of the
required planting area shall still be required and re-
allocated elsewhere on-site.
d) None of the required foundation plantings shall be located
within perimeter buffers or within parking lot, vehicular use,
or service function areas.
ii.Stand-alone parking structures and parking structures designed
without ground floor retail or residential uses along the front
facade shall provide foundation landscaping in accordance with
LDC section 4.06.05 C., except that the minimum width of the
planting bed shall be 10 feet.
9.Signage. The sign standards of LDC sections 5.06.02 and 5.06.04 shall apply to
all mixed use and non-residential projects within the GGPOD. In addition, the
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following provisions shall apply to all wall, awning, ground, blade, and menu
signs for all nonresidential and mixed use projects:
a.Signs on awnings can be combined and calculated with wall signs, to the
extent that signs on walls and awnings shall not exceed the maximum
square footage allowed for wall signs.
b.Graphic elements, logos, mosaic tiles, or names created in flooring
immediately outside the front entrance with a maximum size of six square
feet are allowed.
c.Non-illuminated plaques shall be allowed subject to the following:
Each business may mount a maximum of two plaques at their
front entrance with each plaque restricted to a maximum of two
square feet. Plaques must be flush or pin-mounted on the
storefront or facade.
ii.A plague with a maximum size of two square feet may be
mounted at the exit door of each business. The purpose of this
plaque is to identify the business name or address for emergency
response or for the delivery of goods.
d.A wall sign not to exceed three square feet is allowed in connection with a
walk-up or take-out window. This sign shall not count toward the
maximum size or number allowed for wall signs.
10. Open space.
a.In order to promote a vibrant, walkable, urban community, the GGPOD
public open space standards are intended to concentrate open space in
structured, functional, and usable spaces that are nodes along connected
pedestrian paths or corridors that are accessible to the public.
b.The standards of LDC section 4.02.01 B. shall apply, except that a
minimum of 15 percent of the gross area shall be devoted to useable
open space as follows:
Residential developments on parcels 2.5 acres or greater; or
ii.Commercial, Economic Development, and mixed use projects on
five acres or greater.
c.Usable open space, as defined in LDC section 1.08.02, shall also include
publicly accessible site features, such as pedestrian and walking paths,
plazas, and passive furnishings. Passive furnishings include but are not
limited to benches, pavilions, and picnic areas. Pervious trail links
connecting within or across open spaces may count toward the
requirement of usable open space. Lakes, detention areas with publicly
accessible sidewalks or other impervious paths, and active recreation
fields or courts that are accessible to the public may be counted toward
the required public open space.
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11. Pedestrian pathways. Pedestrian pathways required in accordance with LDC
section 5.05.08 F.3. shall be a minimum of six feet in width.
12. Exterior lighting.
a.Public paths shall be clearly marked by using design elements such as
landscaping and pedestrian lighting.
b.Illumination levels in the GGPOD shall not exceed 0.5 footcandles at
property lines where adjacent to residential development that is external
to the GGPOD or residentially-zoned property that is external to the
GGPOD, excluding where required pursuant to LDC section 6.06.03.
13. Public transit facilities. In addition to the off-site improvements required in LDC
section 6.06.02 A., where a bus stop is located immediately adjacent to the
subject property or where a property abuts a bus route, a landing pad, bicycle
storage rack, and bus stop identification sign, all of which approved by CAT, shall
be provided by Developer at no cost to the County in the adjacent right-of-way or
within a dedicated easement, for all new development and redevelopment
projects proposing more than 50 dwelling units or 10,000 square feet of a non-
residential use. If these CAT facilities exist, the County Manager or designee
may waive this requirement.
14. Pollution control. Any discharge from industrial, commercial, or manufacturing
processes to a stormwater or surface water management system is prohibited.
Wastewater from any industrial, commercial, or manufacturing process must be
contained within a building or disposed of through the Collier County Water-
Sewer District's wastewater collection system pursuant to the Collier County
Industrial Pretreatment Ordinance, (Ord. No. 2003-18, as amended).
15. Service function areas and facilities. The provisions of LDC section 5.05.08 F.4.
shall apply, except that loading docks, solid waste facilities, recycling facilities,
and other services elements shall be placed to the sides or rear of the building.
Service function areas shall be screened along rights-of-way in accordance with
LDC Section 4.02.26 B., where applicable.
16. Off-street parking and loading. Unless otherwise specified, all parking and
loading standards shall comply with LDC Section 4.05.00. In addition, the
following provisions shall apply:
a.Location of parking lots. The design of off-street parking lots shall comply
with the provisions of LDC section 5.05.08 F.2 except that parking lots,
vehicular use areas, and service function areas shall be located to the
sides or rear of buildings.
b.Driveways for single-family attached dwelling units. Where a lot abuts an
alley and the rear yard accommodates the driveway and unenclosed
parking of vehicles in accordance with LDC section 4.02.03 D., the
minimum length of such driveway shall be 23 feet.
c.Screening from abutting rights-of-way. Off-street parking lots and
vehicular use areas shall be screened along rights-of-way in accordance
with LDC section 4.02.26 B.B., where applicable.
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d.Spaces required.
Hotels shall provide one space per hotel room.
ii.All other non-residential uses shall provide a minimum number of
parking spaces equal to one space per 1,000 square feet.
e.Reductions to the number of required spaces.
Off-street parking requirements shall be reduced cumulatively by
the following provisions, when applicable:
a) No additional off-street parking is required for outdoor
dining or outdoor restaurant seating areas.
b) For mixed use projects, the required number of residential
off-street parking spaces is reduced by 10 percent.
c) The minimum number of spaces required shall be reduced
by the County Manager or designee when it has been
determined that the reduction is necessary to preserve an
existing healthy tree or trees (with a 12-inch or greater
diameter at breast height) from being damaged or
removed, and where the SDP provides for the retention of
said tree or trees.
ii.Off-street parking requirements shall be further reduced by
applying only one of the following provisions:
a) If the subject property is located within the GGPOD-AC
and within 330 feet of an improved public transit facility,
such as a bus shelter, bus transfer facility, or park and ride
site, the required number of off-street parking spaces shall
be reduced by 20 percent;
b) If the subject property is located within the GGPOD-DT
and within 330 feet of an improved public transit facility,
such as a bus shelter, bus transfer facility, or park and ride
site, the required number of off-street parking spaces shall
be reduced by 10 percent; or
c)If a public transit facility, such as bus shelter, bus transfer
facility, or park and ride accommodation, is provided on-
site and in coordination with and accepted by the Collier
Area Transit, or if a bike-share station or ride-share pick
up/drop off zone is provided on-site, the facility shall
substitute for a portion of the standard required off-street
parking spaces. The total percentage of parking reduction
shall only equal a maximum of 30 percent of the minimum
required off-street parking spaces. The County Manager
or designee may approve an alternative parking credit if
the applicant provides a site-specific analysis of the
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projected frequency of passenger or patron use
demonstrating a greater off-set of parking spaces is
warranted.
f.On-street parking. Where on-street parking exists or is permitted, a
development shall count the spaces directly abutting the site's frontage
toward the minimum parking requirement; however, the on-street parking
spaces are considered public spaces and are not for the exclusive use of
the adjacent use.
q.Parking structures.
Parking structures shall comply with LDC section 5.05.08 E.8,
except that building foundation landscaping shall be provided in
accordance with LDC section 4.02.26 B.8.c.ii.
ii.Parking structure facades shall be designed to screen views of
automobiles by the general public from adjacent streets and
driveways.
iii. Freestanding light fixtures on the top level of the parking
structures shall be a maximum of 20 feet in height and setback
from the perimeter of the structure a minimum distance of twice
the height of the light fixture. Light fixtures shall be fully shielded to
contain light to the surface of the deck only.
h.Bicycle parking. Bicycle parking shall apply to all commercial, mixed
use, and Economic Development uses. Bicyclists shall have access via
sidewalks, pathways, or driveways to the public right-of-way and be
located as provided below:
Parking structures. Required bicycle parking shall be located in
or near main entrances or elevators to provide for pedestrian
safety, visibility, and security of property.
ii.On site. Bicycle parking (not located within a parking
structure) shall be located on site within 50 feet of main building
entrances. Bicycle parking shall not obstruct walkways.
iii. Right-of-way. Bicycle parking may be located within the public
right-of-way of a new local street platted after (the adoption date of
this ordinance), provided a minimum clearance of five feet is
maintained for pedestrian access.
iv. Shared bicycle parking.Where there is more than one
building on a site, or parking is shared with an adjacent site,
bicycle parking shall be distributed equally to serve all buildings
and main entrances.
17. Drive-Up, Drive-In, or Drive-Through Delivery of Goods or Services.
a. A drive-up, drive-in, or drive-through facility is a design feature of a
building or site of a commercial use. A facility may include but is not
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limited to a building opening, such as windows and doors, mechanical
devices, and vehicular stacking lanes.
b.This design feature shall be prohibited in the GGPOD-DT, pursuant to the
GGAMP.
c.In the GGPOD-AC, no use, except a bank, shall have a drive-up, drive-in,
or drive-through facility.
d.Existing drive-through facilities, as of [effective date of Ordinance) may
continue to operate until the use ceases for a period of one year.
e.Pedestrian walk-up windows located outside of the building are not
considered to be drive-through facilities and shall be allowed.
C. Additional design standards for the Economic Development uses in the GGPOD. The
following design standards shall be applicable to all Economic Development uses
identified in Table 1 of LDC section 2.03.07 F.S.:
1.Loading areas. All loading areas shall be oriented away from adjacent residential
uses, except for where obstructed by an intervening building.
2.Outside storage and display. No outside storage and display shall be permitted
except when approved as part of a temporary/special event in accordance with
LDC section 5.04.05.
3.Operations.
a. All activity associated with the uses in this category shall be conducted
within a fully enclosed building. Activity includes but is not limited to the
following:
The use or storage of any fixed or movable business equipment;
ii.The use, storage, display, sale, delivery, offering for sale,
production, or consumption in any business, or by any business
invitee on the premises of the business, of any goods, wares,
merchandise, products, or foods; or
iii. The performance of any work or services.
b. All Economic Development use operations and equipment, including
accessory process equipment, such as compressors and air handlers,
shall be contained in an enclosed structure.
4.Noise. No Economic Development use shall produce noise exceeding the sound
level limits for Commercial or Tourist uses as set forth in the Collier County Noise
Control Ordinance No. 90-17, as amended.
5.Odors. No Economic Development use shall cause or allow the emission of
odor.
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6.Vibrations. No use shall operate to produce ground vibration noticeable by a
reasonable person with normal sensitivity, outside the building for single-use
buildings or outside the Economic Development use space inside mixed use and
multi-tenant buildings.
7.Smoke and particulate matter. No Economic Development use shall discharge
outside the building for single-use buildings or outside the Economic
Development use space inside mixed use and multi-tenant building any toxic or
noxious matter in such a concentration that will endanger the public health,
safety, comfort, or general welfare.
8.Electrical disturbance. No Economic Development use shall create any electrical
disturbance which interferes unduly with the normal operation of equipment or
instruments or which is reasonably likely to cause injury to any person located
inside or outside building.
9.Appearance. Industrial/factory buildings shall be designed in accordance with
the provisions of LDC section 5.05.08., excluding the exceptions, modifications,
and additions listed in LDC section 5.05.08 E.7.b through h. In addition, rooftop
mechanical equipment shall be fully screened by parapets or other methods of
screening and such parapets or other screening material shall not exceed 10 feet
in height.
D. Design of new streets and alleys in the GGPOD. The standards contained herein are
applicable to all new streets and alleys in the GGPOD.
1.Streets.
a.Streets are intended to form a modified grid to provide continuous
pedestrian walkways. The street network corresponds to a mix of uses
and a higher level of building and site design standards, in order to
promote pedestrian comfort and movement of bicycles and to foster a
vibrant urban realm.
b.These standards shall apply to new streets in the GGPOD platted after
the adoption date of this ordinancel. Streets shall be a minimum of 66
feet in width and comprised of the following:
Eight-foot wide sidewalks;
ii.Five-foot wide street tree planting zones containing cut-outs for
trees, located between the sidewalks and the Type F curbs.
Lighting fixtures shall be provided within the street tree planting
zone and located to avoid conflict with street trees. Any at-grade
surface area within the street tree planting zone that is not
occupied by a tree or light fixture shall be ADA compliant. Light
fixtures shall be consistent with the decorative lighting identified in
the Golden Gate Community Roadways Beautification Master
Plan. If such lighting is unavailable, similarly themed lighting shall
be used. Tree cut-outs shall be designed as follows:
a) Placed abutting the FDOT Type F curb;
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b) Minimum at-grade dimension of five feet with a minimum
area of 25 square feet;
c)Contain sufficient volume of soil necessary to promote a
healthy tree and directing roots away from sidewalks
through the use of structural soils or modular suspended
pavement systems. If the option of structural soil is
utilized, a minimum of two cubic feet of structural soil per
square feet of mature tree crown protection shall be
provided; and
d) Spaced 40 feet on center with trees having a minimum
average mature canopy spread of 20 feet and an eight-foot
vertical clearance for pedestrians.
iii. Type F curbs, designed in accordance with current FDOT Design
Standards;
iv. On-street parking areas containing eight-foot wide by 23-foot long
parallel parking spaces; and
v.Vehicular travel lanes 10 feet in width.
c.Public utility and drainage infrastructure may be placed in the right-of-way
of new streets platted [after the adoption date of this ordinancel in the
areas designated below and subject to the following restrictions:
Storm and sanitary sewers shall be located within the travel lanes.
Where both are present, parallel sewers shall be constructed with
junction boxes and manholes centered in either travel lane.
Where only one is present, structures may be located at the
centerline of the roadway or centered within either travel lane. On
curves, sufficient structures shall be provided to facilitate pipeline
alignments that achieve minimum horizontal separation criteria
found in FAC 62-555.314(1). Where feasible, sewer laterals and
storm drains shall connect to sewer mains at right angles to
facilitate perpendicular crossings with other utilities in the right-of-
way and to minimize proximity to tree roots.
ii.Potable water and sanitary sewer force mains shall be located
between the travel lanes and the street tree planting zones, on
opposite sides of the roadway. The main shall be centered
underneath the on-street parking, four feet from both the gutter
and the travel lane.
iii. Other underground utilities shall be underneath the sidewalks.
iv. Above-ground structures and appurtenances shall be placed in
the street tree planting zone, outside the tree cut-outs and no
closer than five feet to any street tree.
2. Alleys. Alleys are intended to function as accessways to off-street parking lots,
vehicular use areas, and services areas. New alleys, including the width of the
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paved area, shall be a minimum of 20 feet in width. The standards related to the
streetscape design of buildings in LDC section 4.02.26 B.7. are not applicable
along alleys.
E. Deviation requests for projects in the GGPOD.
1.Purpose and Intent. Property owners in the GGPOD may request deviations
from certain standards, as established in LDC section 4.02.26 E.2., to allow for
flexibility in building and site design, and to support and initiate incentives for new
development on vacant property or redevelopment on existing sites.
2.Applicability.
a.The Administrative Code, Chapter 6.M. shall establish the process and
submittal requirements for deviation requests in the GGPOD. Deviations
in the GGPOD may be requested for new development or redevelopment
projects in connection with any of the following types of applications:
SDP, SDPA, or SIP as established in LDC section 10.02.03;
ii.Building permit for signs as established in LDC section 5.06.11; or
iii.PPL for townhouses developed on fee simple lots under individual
ownership, as established in LDC section 10.02.04.
b.Unless otherwise specified, property owners shall be eligible to seek a
deviation from the following code provisions:
Design standards for the GGPOD: LDC section 4.02.26. All
dimensional standards of this section, excluding building height,
may be considered for a deviation request. In addition, deviations
from non-dimensional provisions, such as from the design
standards for Economic Development uses in LDC section
4.02.26 C., are also allowed. Drive-through facilities, as described
in LDC section 4.02.26 B.17., are prohibited for uses in the
GGPOD-DT, pursuant to the GGAMP, and ineligible for
deviations.
ii.Loading space requirements: LDC section 4.05.06 B.
iii. Landscaping in vehicular use areas: LDC section 4.06.03 B.
iv. Landscaping requirements for industrial and commercial
development: LDC section 4.06.05 B.3.
v.Building foundation plantings: LDC section 4.06.05 C., including
Table inset.
vi. Development standards for signs in nonresidential districts: LDC
section 5.06.04.
3.Conflict with other relief processes.
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a.This section is not intended to replace the current established process of
requesting deviations associated with the following:
Master plan elements of the respective PUD pursuant to LDC
section 10.02.13. However, the deviation process of LDC section
4.02.26 E. is available to PUD-zoned lands within the GGPOD
provided that such request is based on a specific dimensional or
design requirement described in LDC section 4.02.26 E.2., and
provided the request further promotes compliance with the
purpose and intent of the GGPOD.
ii. Site plan with deviations for redevelopment projects pursuant to
LDC section 10.02.03 F., unless such request is based on a
dimension, site feature, or architectural standard listed under LDC
section 4.02.26 E.2.
iii. Deviations and alternate compliance pursuant to LDC section
5.05.08 G.
iv. Post take plan application pursuant to LDC section 9.03.07 A.
b.Deviations from the LDC which are not expressly provided for in this
section shall be processed as variances in accordance with LDC section
9.04.00.
4.Evaluation criteria. When evaluating a deviation, the following criteria shall be
considered:
a.Whether the proposed deviation is compatible with adjacent land uses
and achieves the requirements and/or intent of the regulations as closely
as is practicable;
b.Whether the proposed deviation is the minimum amount necessary to
allow for reasonable use of the property and/or address the issue
necessitating the deviation request; and
c.Whether the reduced or increased standard requested by the deviation is
mitigated for, either on the subject site or by providing a public benefit on
the subject site. Examples of such on-site mitigation include but are not
limited to: increasing setbacks from the adjacent road right-of-way when
proposing to deviate from sign size limitations; increasing plantings or
planting sizes or installing a fence or wall where a reduced buffer width is
proposed; providing public pedestrian and/or bicycle pathway easements
or other similar mobility improvements including transit enhancements;
providing public parking; providing beautification in the public realm,
including street trees, street furniture, lighting and other similar public
benefits.
5.Public notice. Public notice, including signage, notice to property owners, and an
advertised public hearing, is required for deviation requests and shall be provided
in accordance with the applicable provisions of LDC section 10.03.06 R.
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2) of the Golden Gate Area Master Plan
A. The following standards shall apply to all uses in this overlay district. Where a specific
development criteria and standards also exist in the Golden Gate Ma..tcr Plan, or the
Fu g—Lan 'a--Use—Element of the,GMo +, ey s„all supersede any loss stringent
B. In support of the purpose and intent of the GGPPOCO a common architectural style is
required for all proposed development within the overlay district. During the site
trict boundaries. Such architectural
above the roof line.
C. Projects shall be encouraged in the form of a PUD (there shall be no minimum acreage
ate Ar a Master Plan).
O. Minimum project area shall be 2 acres,
E. Buildings shall be set back from Golden Gate Parkway a minimum of 40 feet and from
re r lot line a minimum of 25.feet
F.Buildings shall have a maximum height of 25 feet plus 10 feet for under building parking.
G. Transportation.
1. Access to projects shall be provided exclusively via Golden Gate Parkway and
3.Projects shall provide deceleration and acceleration lanes as may be determined
requirements of the "wo
1.Projects shall encourage pedestrian traffic by providing sidewalks. Adjacent
H. Signage permitted in this overlay shall be restricted to those signs permitted under
section 5.06.00 the Colli
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Landscaping.
1.Projects shall provide a ten (10) foot buffer between vehicular right of way and
7 •
minimum canopy of fifteen (15) feet at maturity. In addition, a hedge or berm
landscaped to provide visual relief. One (1) tree, as described in section 4.02.26
SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.37 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER
COMMERCIAL OVERLAY DISTRICT (GGDCCO)
Section 4.02.37, Design Standards for Development in the Golden Gate Downtown Center
Commercial Overlay District (GGDCCO), of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.02.37 Reserved.
these standards shall supersede any less stringent requirement or place additional
district.
2.Multi story buildings.
a.Only retail, personal service, and institutional uses are allowed on the first
floor.
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lounges, are allowed on the second floor.
c.Only residential uses are allowed on the third floor.
1.Setbacks.
a. All development and redevelopment on lots abutting Golden Gate
rd and setback of no more than 15 feet. All
restaurant seating, and/or open space areas such as other seating,
cept that water management retention and detention ar as arc
prohibited
b. All development and redevelopment on properties in the overlay area not
c.Side yard setback shall be a minimum of 5 feet.
d.Rear yard setback shall be no le:s than % of the building height, with a
5.Building footprint limits.
6.Minimum floor area Residential.
7.Minimum height. The zoned height of buildings shall be no less than 31 feet.
feet.
9.Crime Prevention Through Environmental Desig
Golden Gate community supports the CPTED philosophy as a way to reduce
ct, consistent with the provisions in this overlay and as
identified below
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Mediterranean architectural style, with barrel tile roofs, stucco facades, archco
c development plan
as provided herein.
11. Architectural standards. All buildings shall meet the requirements set forth in
a.Buildings with frontagc on Golden Gate Parkway shall have 60 percent of
d.The facades of buildings 5,000 square feet or larger shall use rooflincc
least every 80 feet.
e.Parapet roof treatments are prohibited.
f. Flat roofs must be screened with a mansard edge barrel tile roof
g.Building entrances shall be accentuated through architectural elements,
12. Outdoor display/sale of merchandise.
to-buildings,
fronting on Golden Gate Parkway must provide site access from abutting local
streets and may not obtain site access from Golden Gate Parkway, and where
one such commercial or mixed use development provides site access at the
for joint or crops
access with the abutting property or properties in order to share access and
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a. A minimum of 3 public parking spaces for each 1,000 square feet of
b. A minimum of 1.5 parking spaces for each residential unit.
c.No parking is allowed in the front yard of lots abutting Golden Gate
Parkway,
ere shall be no parking requirement for outdoor restaurant seating
areas.
c.Shared parking is required, where possible and feasible.
f. Interconnection between adjacent parking lots is required, where possible
and feasible.
decorative lighting fixtures illustrated in Fig. 29, page 5 9 of the Golden
outside the district shall provide
lighting fixtures with full cutoff optics that direct the light source
downward.
i. The overnight parking of commercial vehicles, with a rated load capacity
of one ton or more, is prohibited.
j. The overnight parking of commercial vehicles shall be limited to 1 vehicle
per 1,000 square feet of commercial floor area, not to exceed 6
5.05.08 F.1, all projects shall provide:
wide, and areas for shaded seating consisting of a minimum of 100
square feet.
16. Landscaping. All commercial and mixed use projects shall meet the landscape
zoning-overlay,
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cape planting area,
except that the project's frontage along Golden Gate Parkway shall—be
mpt from this requirement.
The planting area shall be landscaped with: 1. shrubs and ground cover;
height at time of planting; and, 2. Trees, planted one per 30 linear feet
b.Internal Project Buffering. All projects that are located adjacent to a
buffer per section 4.06.02 C.2. except: walls and berms are prohibited, a
height with a 2 foot spread at time
exempt from this requirement.
d.Project Vehicular Use Areas. Mountable curbs shall be provided for all
latest edition.
b.Landscaping. All projects/ lots shall be required to provide an 8 foot wide
planting area may
be reduced between tree spacing to 5 feet wide, for a maximum of 50
percent of the buffer area, to accommodate street furnishings and
fixtures, consistent with the Golden Gate Community Roadways
Beautification Master Plan
landscaped with: 1. Tur, not to exceed 50
percent of the planting area; 2. Shrubs and ground cover, at a minimum
1 ,
planting, a minimum 4 inch caliper with 8 feet of clear trunk and 22 feet in
height.
All planting materialsconsistent with
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Way.
e installation and maintenaT ce-Gf-t"e
of Courts. Plans shall in
i. Existing conditions inventory.
ii.Proposed plantings/details of planting methods and
iii. Location of utilities.
iv. Location of drainage facilities.
v.Irrigation proposal, including water connections.
the-Fectuirecklandscape strip identified in "b." above and the property line.
in the Golden Ga
may-be-substituted for portions of s'
such portion on their
18. Address numbers. Address numbers shall be 8 inches in vertical height and shall
20. Lighting. As described and provided in the Golden Gate Community Roadways
Internal Pr s IQhting n _j all use-architectural decorative
adjacent to the building (e.g. entryway, courtyards, etc.) to a
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in a manner that
direct glare or other interference
Street/Roadway I ighting ^rchitectural decorative lighting shall be used
be ri +on he decorative' n+i
g id icd as Figure 29 on
Plan, more specifically identified as the Lumec Domus Series (DMS50
7 0M ' G3 i180 I B DL CRL ' 1A A I East lighting fixturel If such
Way.
21. Dumpsters. Dumpsters shall be screened and
SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.38 SPECIFIC DESIGN CRITERIA
FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING
DISTRICTS
Section 4.02.08, Specific Design Criteria for Mixed Use Development within C-1 through C-3
Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code,
is hereby amended to read as follows:
4.02.08 Specific Design Criteria for Mixed Use Development within C-1 through C-3
Zoning Districts
B. Applicability. All properties zoned C-1, C-2 and C-3, excluding where located in the
GGPOD. These regulations shall apply to all mixed-use projects proposed within these
zoning districts, subject to the design criteria set forth in this section. The design criteria
address the relationship of buildings, parking, vehicular, and pedestrian movement to
create a pedestrian oriented experience. Buildings are encouraged to be built close to
the vehicular and pedestrian way to create a continuous active and vibrant streetscape
utilizing the architecture, landscaping, lighting, signage, and street furnishings.
Vehicular travelways support two-way traffic and on street parking. A logical
pedestrian pathway system is provided throughout that connects the pedestrian
movements from one use to another or within use areas. Building arcades and awnings
are allowed to extend over the sidewalk to create shade and encourage pedestrian
activity. Signage design shall be carefully integrated with site and building design to
create a unified appearance for the project. Creativity in the design of signs is
encouraged in order to emphasize the unique character of the project. Projects utilizing
these design criteria will be developed in compliance with the LDC, except as specified
herein.
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C. Commercial Mixed Use Design Criteria. Projects utilizing the Commercial Mixed Use
option within a C-1, C-2, or C-3 Zoning District shall comply with the following standards
and criteria:
1.These design criteria are applicable to the C-1 through C-3 zoning districts,
excluding where located in the GGPOD.
SUBSECTION 3.G. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS
Section 4.05.02, Design Standards, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.05.02 Design Standards
E. Access shall meet the following standards:
1.Be arranged for convenient and safe access of pedestrians and vehicles.
2.Off- street parking areas must be accessible from a street, alley or other public
right-of-way.
3.Access via a rear property right-of-way shall be required if available in lieu of
direct access.
4.Except for properties located in the GGPOD, €er any nonresidential development
which abuts an alley, a maximum of ten (10) parking spaces, not to exceed thirty
30%) percent of the required parking for the proposed use, may be accessed
solely from the alley. Said parking spaces shall be clearly marked and arranged
in such a manner so that each parking space meets the minimum size required in
section 4.05.02 of this LDC. Additionally, these spaces shall be arranged in a
manner which allows for full compliance with any required landscaped buffer
requirement. These spaces shall be for the exclusive use of employees and
service vehicles and shall be clearly designated as such by appropriate signage.
F.Be arranged so that no vehicle shall be forced onto any street to gain access from one
aisle to another aisle. All off- street parking facilities must be so arranged that no motor
vehicle shall have to back onto any street, excluding single-family and two-family
residential dwellings and churches, and for townhouses and multi-family dwellings in the
GGPOD where access is provided from the rear yard from an abutting alley.
SUBSECTION 3.H. AMENDMENTS TO SECTION 5.05.04 GROUP HOUSING
Section 5.05.04, Group Housing, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Page 39 of 42
Words struck throes are deleted,words underlined are added.
3.C.d
Packet Pg. 348 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
5.05.04 Group Housing
C. Table of site design standards for category I and category II group care facilities:
Special setback requirements 25 feet of a road right-of-way line'-
for property abutting roadways
1 For properties located in the GGPOD, the front setback shall be in
accordance with LDC section 4.02.26 B.1.
D. All other care housing environments as defined in this Code, including, but not limited to,
care units , assisted living units, continuing care retirement communities, nursing homes,
and dwelling units that are part of an aging-in-pace living environment shall adhere to
the following standards in addition to those established by the underlying zoning district.
2.No structure shall be erected within twenty (20) feet of any abutting lot or parcel
which is zoned residential, nor within twenty-five (25) feet of a road right-of-way,
except for properties within the GGPOD, the front setback shall be in accordance
with LDC section 4.02.26 B.1.
SUBSECTION 3.1. AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS
Section 5.05.08, Architectural and Site Design Standards, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.05.08 Architectural and Site Design Standards
E. Design standards for specific building uses.
7. Industrial/factory buildings.
a. Applicability. All standards listed in LDC section 5.05.08 are applicable
with the following exceptions, modifications, and additions. However, the
provisions contained in LDC section 5.05.08 E.7.b. through h. below shall
not be applicable to industrial/factory buildings located within the
GGPOD.
Page 40 of 42
Words struck-through are deleted,words underlined are added.
3.C.d
Packet Pg. 349 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
SUBSECTION 3.J. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06, Public Notice and Required Hearings for Land Use Petitions, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions
R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F and
deviations in the GGPOD, pursuant to LDC section 4.02.26 E.
1.The following advertised public hearings are required:
a.One Planning Commission or Hearing Examiner hearing.
b.If heard by the Planning Commission, one BZA hearing.
2.The following notice procedures are required:
a.Newspaper Advertisement prior to the advertised public hearing in
accordance with F.S. § 125.66.
b.Mailed Notice prior to the advertised public hearing.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE:INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
section," "article," or any other appropriate word.
Page 41 of 42
Words st^u^' h are deleted,words underlined are added.
3.C.d
Packet Pg. 350 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ttir ‘day of d , L`; / , .2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLI R COUNTY, FLORIDA
By:
kahuty Clerk envy Tayl , Chairman
Atte$
signature o1y:
Approved as to form and legality:
J.
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/1873(2/22/21)
19-LDS-00079/220
This ordinance filed with the
S r tar; of f
S}rte's Ofic s 1;c
y of- i! 1
and acknowledgerne:r hot
filin recei ed th" ay
of
Deputy CAA
Page 42 of 42
Words st^u^r . h are deleted,words underlined are added.
3.C.d
Packet Pg. 351 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
March 16, 2021
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-14, which was filed in this office on March 16,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
3.C.d
Packet Pg. 352 Attachment: Attachment C - Ordinance 2021-14 (19991 : Here We Grow Daycare (DR))
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATIONS
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
3/19/2021 Page 1 of 3
Name of Property Owner(s):
Name of Applicant if different than owner:
Address: City: State: ZIP:
Telephone: Cell: Fax:
E-Mail Address:
Name of Agent(s):
Firm:
Address: City: State: ZIP:
Telephone: Cell: Fax:
E-Mail Address:
This application shall be submitted in conjunction with one of the following: site development plan, site
development plan amendment, site improvement plan, building (sign) permit, or PPL for townhouses
developed on fee simple lot under individual ownership.
PROJECT NAME/PL # IF KNOWN:
PLANNER/PROJECT MANAGER, IF KNOWN:
DATE OF SUBMITTAL OF SDP/SDPA/SIP/PPL/PRSG:
DEVIATION REQUESTS FOR PROJECTS IN THE
GOLDEN GATE PARKWAY OVERLAY DISTRICT
(DR-GGPOD)
APPLICANT INFORMATION
CORRESPONDING SDP, SDPA, SIP, PPL, PRSG
S&R BROTHERS INVESTMENTS
5269 Golden Gate Pkwy Naples FL 34116
Herewegrowofnaples@yahoo.com
Patrick Vanasse, AICP
RWA, INC.
6610 Willow Park Drive, Suite 200
Naples FL 34109
239-597-0575 239-597-0578
Pvanasse@consult-rwa.com
Here We Grow Daycare/ PL20190001903
Yaima and Roylan Reyes
239-643-2288
3.C.e
Packet Pg. 353 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATIONS
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
3/19/2021 Page 2 of 3
Property owners in the GGPOD may request deviations from certain standards, as established in LDC section
4.02.26 E.2., to allow for flexibility in building and site design, and to support and initiate incentives for new
development on vacant property or redevelopment on existing sites.
Deviations in the GGPOD may be requested for new development or redevelopment projects requiring an SDP,
SDPA, or SIP, as established in LDC section 10.02.03, or a building permit in the case of a sign deviation, as
established in LDC section 5.06.11. Deviations may also be requested in connection with a PPL for townhouses
developed on fee simple lots under individual ownership, as established in LDC section 10.02.04.
The application must address the follow requirements. Please attach the required narratives and explanations.
1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC
section 4.02.26 E.4.
2. Description of each requested deviation and justification for each request. Requested deviations shall be
clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified.
3. Project enhancements to offset or minimize the deviatio ns shall be clearly identified on the site plan and
explanation provided.
4. Deviation Request types:
Zoning Deviation Requests - Check all that may be impacted by the request.
Dimensional standards
(excluding height): ___________________________________
On- and Off-street parking, including bicycle parking
Architectural / Building Design
Landscape / Buffers
Signage
Exterior Lighting
Design standards for economic development uses
Other site features:
Engineering Deviation Requests - Check all that may be impacted by the request.
Stormwater
Pathways
Transportation Planning
Other site features:
INFORMATION REGARDING DEVIATION REQUESTS
DEVIATION REQUESTS
x
3.C.e
Packet Pg. 354 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATIONS
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
3/19/2021 Page 3 of 3
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Deviation Requests for Projects in the Golden Gate
Parkway Overlay District (DR-GGPOD) Application 1
Completed SDP/SDPA/SIP/PPL/PRSG application and all associated
materials.1
Copy for the Pre-Application Notes, if not submitted with
SDP/SDPA/SIP/PPL/PRSG 1
Affidavit of Authorization, signed and notarized 1
Electronic Copy of all documents and plans on CD
If application is being submitted as a paper submittal. Not required
for electronic submittals.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS:
x At the completion of the review process by County review staff, the applicant shall submit all materials
electronically to the designated planner.
x Please contact the planner to confirm the number of additional copies required.
¼Site Plan for Redevelopment:$1,000.00
¼ Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
All checks payable to: Board of County Commissioners
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department/Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
SUBMITTAL REQUIREMENTS CHECKLIST
FEE REQUIREMENTS
3.C.e
Packet Pg. 355 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
1
Here We Grow Day Care
Golden Gate Parkway Overlay District (GGPOD) Deviation Request
Project Narrative and Detail of Request
August 13, 2021
Background:
The proposed deviations request is for the Here We Grow Daycare facility located at 5269 Golden Gate
Parkway. The owners of the property are S&R Brothers Investments, LLC (Property ID 36319720003;
36319760005). The subject property consists of a child daycare center and a vacant lot to the west.
3.C.e
Packet Pg. 356 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
2
The existing daycare currently provides parking in the front of the property and a playground to the rear
of the building as shown below.
Existing Parking
Existing Playground
3.C.e
Packet Pg. 357 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
3
The Golden Gate Parkway Overlay District’s recently adopted zoning ordinance (No. 2021-14) requires
parking to be located either to the side or the rear of the property (LDC Sec. 4.02.26.B.16.a). Depicted
below is a conceptual illustration of the subject site if adhering strictly to the regulations as stated in LDC
Sec. 4.02.26.B.16.a.
3.C.e
Packet Pg. 358 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
4
The property owner/applicant is seeking approval of an SDP petition (PL20190001903) to allow for an
extension of the existing parking lot, in which the new parking area would remain towards the front of
the property. The existing playground and parking would be extended onto the subject property. See
depiction below.
We are asking for an SDP approval to provide this parking in continuation with the current parking
provided to the front of the site. However, LDC Sec. 4.02.26.B.16.a. requires parking to be located either
to the side or the rear of the property, as previously stated above. Therefore, a deviation is necessary. In
order to achieve this, a deviation is requested in accordance with LDC Sec. 4.02.26.F.2., which allows for
deviations to "support and initiate incentives for new development on vacant property or redevelopment
on existing sites." Approval of this deviation will allow the improvements to occur in a continual matter,
allowing the parking and the playground to proceed in its current location, proving for a safer and more
functional use of the property as further described below.
3.C.e
Packet Pg. 359 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
5
Request:
Consistent with LDC Sec. 4.02.26.F.2, the following deviations are requested:
Deviation #1 seeks relief from LDC Sec. 4.02.26 B.16.a., which requires parking lots to be located to the
sides or rear of buildings, to allow for an extension of the current parking lot to the front of the building
and playground to the back.
Deviation #2 seeks relief from LDC Sec. 4.02.26.B.8.a., which requires a minimum five-foot-wide planting
strip with shrubs and trees to be provided along the perimeter of any lot line for a non-residential use
adjacent to lands outside the GGPOD and zoned for single-family residential dwellings, to allow for no
planting strip along a portion of the northern property line where an existing fence and playground area
have been permitted and constructed. Additionally, the plantings required within this portion of the
property will be provided as an addition to the buffer areas provided for this project.
Review Criteria:
Whether the proposed deviation is compatible with adjacent land uses and achieves the requirements
and/or intent of the regulations as closely as is practicable.
Deviation 1:
The proposed deviation will allow the extension of an existing parking lot next door that is adjacent to the
street and represents a use that is compatible with adjacent land uses. This deviation allows for an efficient
site layout, a logical circulation patter and the playground extension to conform with the existing one. The
proposed layout will keep the children away from the vehicular traffic from the road and parking lot area.
Deviation 2:
The proposed deviation will meet the intent of the buffer regulations in that a fence will be in place to
provide proper separation between uses. Additionally, the plantings required within this portion of the
property will be provided as an addition to the buffer areas provided for this project.
Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the
property and/or address the issue necessitating the deviation request.
Deviation 1:
The “minimum amount necessary criterion” does not apply in this case because the improvements
requested (i.e., additional parking and extended playgrounds) meet county requirements. The issue
is related to the proposed location on the property. A deviation which allows for an extension of the
current parking in the front and playground located in the rear is the minimum allowance necessary to
provide a properly functioning site and safe configuration for the children attending the daycare.
3.C.e
Packet Pg. 360 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
6
Deviation 2:
The proposed provides for the reasonable use of the existing fence located on the property which had been
permitted by staff (Permit # PRBD2017103706701). The approval of this fence located to the back of the
property line does not allow for any room for an external landscaping buffer to be provided on the property.
The issue will be addressed through providing the required plantings associated with this portion to other
portions of the buffers located on the property.
Whether the reduced or increased standard requested by the deviation is mitigated for, either on the
subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation
include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing
to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall
where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway
easements or other similar mobility improvements including transit enhancements; providing public
parking; providing beautification in the public realm, including street trees, street furniture, lighting and
other similar public benefits.
Deviation 1:
Unlike a deviation to a development standard such as a setback or building height requirement, we are
asking for a deviation that would allow for the location of the extended parking lot in a more logical and
functional fashion. Providing for parking on the front of the site allows for a safe environment needed for
the children – in the area of the property where the existing playground is located, as opposed to having
them congregate close vehicular traffic on the abutting the right-of-way. This request will allow the
playground to be located far enough from the street to provide a safe environment for the children, while
allowing for the parking lot to be extended in a contiguous and logical manner. The applicant will also
provide landscaping in the form of a hedge row on the front property line facing the right-of-way. This newly
constructed landscaping strip, in combination with an upgraded paved parking area and upgraded
playground facility, will bring provide property improvements consistent with the GGOPD’s intent, while
improving aesthetics along Golden Gate Parkway, softening the pedestrian interface, and creating a safer
and more enjoyable public realm.
Deviation 2:
As previously stated, the deviation request will be mitigated for by providing the required buffer plantings
associated with this portion of the property within other buffers areas located on the property.
3.C.e
Packet Pg. 361 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
1
Here We Grow Day Care
Golden Gate Parkway Overlay District (GGPOD) Deviation Request
Project Narrative and Detail of Request
August 13, 2021
Background:
The proposed deviations request is for the Here We Grow Daycare facility located at 5269 Golden Gate
Parkway. The owners of the property are S&R Brothers Investments, LLC (Property ID 36319720003;
36319760005). The subject property consists of a child daycare center and a vacant lot to the west.
3.C.e
Packet Pg. 362 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
2
The existing daycare currently provides parking in the front of the property and a playground to the rear
of the building as shown below.
Existing Parking
Existing Playground
3.C.e
Packet Pg. 363 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
3
The Golden Gate Parkway Overlay District’s recently adopted zoning ordinance (No. 2021-14) requires
parking to be located either to the side or the rear of the property (LDC Sec. 4.02.26.B.16.a). Depicted
below is a conceptual illustration of the subject site if adhering strictly to the regulations as stated in LDC
Sec. 4.02.26.B.16.a.
3.C.e
Packet Pg. 364 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
4
The property owner/applicant is seeking approval of an SDP petition (PL20190001903) to allow for an
extension of the existing parking lot, in which the new parking area would remain towards the front of
the property. The existing playground and parking would be extended onto the subject property. See
depiction below.
We are asking for an SDP approval to provide this parking in continuation with the current parking
provided to the front of the site. However, LDC Sec. 4.02.26.B.16.a. requires parking to be located either
to the side or the rear of the property, as previously stated above. Therefore, a deviation is necessary. In
order to achieve this, a deviation is requested in accordance with LDC Sec. 4.02.26.F.2., which allows for
deviations to "support and initiate incentives for new development on vacant property or redevelopment
on existing sites." Approval of this deviation will allow the improvements to occur in a continual matter,
allowing the parking and the playground to proceed in its current location, proving for a safer and more
functional use of the property as further described below.
3.C.e
Packet Pg. 365 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
5
Request:
Consistent with LDC Sec. 4.02.26.F.2, the following deviations are requested:
Deviation #1 seeks relief from LDC Sec. 4.02.26 B.16.a., which requires parking lots to be located to the
sides or rear of buildings, to allow for an extension of the current parking lot to the front of the building
and playground to the back.
Deviation #2 seeks relief from LDC Sec. 4.02.26.B.8.a., which requires a minimum five-foot-wide planting
strip with shrubs and trees to be provided along the perimeter of any lot line for a non-residential use
adjacent to lands outside the GGPOD and zoned for single-family residential dwellings, to allow for no
planting strip along a portion of the northern property line where an existing fence and playground area
have been permitted and constructed. Additionally, the plantings required within this portion of the
property will be provided as an addition to the buffer areas provided for this project.
Review Criteria:
Whether the proposed deviation is compatible with adjacent land uses and achieves the requirements
and/or intent of the regulations as closely as is practicable.
Deviation 1:
The proposed deviation will allow the extension of an existing parking lot next door that is adjacent to the
street and represents a use that is compatible with adjacent land uses. This deviation allows for an efficient
site layout, a logical circulation patter and the playground extension to conform with the existing one. The
proposed layout will keep the children away from the vehicular traffic from the road and parking lot area.
Deviation 2:
The proposed deviation will meet the intent of the buffer regulations in that a fence will be in place to
provide proper separation between uses. Additionally, the plantings required within this portion of the
property will be provided as an addition to the buffer areas provided for this project.
Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the
property and/or address the issue necessitating the deviation request.
Deviation 1:
The “minimum amount necessary criterion” does not apply in this case because the improvements
requested (i.e., additional parking and extended playgrounds) meet county requirements. The issue
is related to the proposed location on the property. A deviation which allows for an extension of the
current parking in the front and playground located in the rear is the minimum allowance necessary to
provide a properly functioning site and safe configuration for the children attending the daycare.
3.C.e
Packet Pg. 366 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
6
Deviation 2:
The proposed provides for the reasonable use of the existing fence located on the property which had been
permitted by staff (Permit # PRBD2017103706701). The approval of this fence located to the back of the
property line does not allow for any room for an external landscaping buffer to be provided on the property.
The issue will be addressed through providing the required plantings associated with this portion to other
portions of the buffers located on the property.
Whether the reduced or increased standard requested by the deviation is mitigated for, either on the
subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation
include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing
to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall
where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway
easements or other similar mobility improvements including transit enhancements; providing public
parking; providing beautification in the public realm, including street trees, street furniture, lighting and
other similar public benefits.
Deviation 1:
Unlike a deviation to a development standard such as a setback or building height requirement, we are
asking for a deviation that would allow for the location of the extended parking lot in a more logical and
functional fashion. Providing for parking on the front of the site allows for a safe environment needed for
the children – in the area of the property where the existing playground is located, as opposed to having
them congregate close vehicular traffic on the abutting the right-of-way. This request will allow the
playground to be located far enough from the street to provide a safe environment for the children, while
allowing for the parking lot to be extended in a contiguous and logical manner. The applicant will also
provide landscaping in the form of a hedge row on the front property line facing the right-of-way. This newly
constructed landscaping strip, in combination with an upgraded paved parking area and upgraded
playground facility, will bring provide property improvements consistent with the GGOPD’s intent, while
improving aesthetics along Golden Gate Parkway, softening the pedestrian interface, and creating a safer
and more enjoyable public realm.
Deviation 2:
As previously stated, the deviation request will be mitigated for by providing the required buffer plantings
associated with this portion of the property within other buffers areas located on the property.
3.C.e
Packet Pg. 367 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
GOLDEN GATE PKWY1PROPOSEDPLAYGROUNDEXISTING HERE WEGROW DAYCAREPROPERTY BOUNDARYPROPOSED DRYDETENTION AREA1PROPOSEDPARKINGEXISTINGPLAYGROUNDEXISTINGPARKINGPROPOSED 6' HIGH WALL/ FENCEEXISTING FENCE6' PUE & DE5' PERIMETER PLANTINGAREA PER GGPOD4.02.26-8(b) (MEETS &EXCEEDS PERIMETERBUFFER REQUIREMENT)5' PERIMETER BUFFER PERGGPOD 4.02.26-8(a)NO PERIMETER BUFFERREQUIRED PER GGPOD4.02.26-8(a)NO PERIMETER BUFFERREQUIRED PER GGPOD4.02.26-8(a)DUMPSTER ACCESSPAD & ENCLOSUREPROPOSED 3' GATEEX. 6' SIDEWALKEX. 6' SIDEWALK18'24'18'9'9'9.4'5' CONCRETE SIDEWALK(TYP.)6'x6' BICYCLE RACK PAD6' PUE& DE6' PUE& DEPROPOSED FENCEPROPOSED 6' HIGH WALL/ FENCEEXISTING CONCRETEPAD18'23.1'5'12'9'R.O.W. LINER.O.W. LINER1-1 SIGN W/24" STOP BARCONCRETE SIDEWALK FROM EXISTINGPAVEMENT TO BUILDING (TYP.)STANDARDCROSSWALK PERFDOT INDEX 711-0015' PERIMETER PLANTINGAREA PER GGPOD 4.02.26-8(b)5' PERIMETER PLANTING AREAPER GGPOD 4.02.26-8(b)5' PERIMETER PLANTINGAREA PER GGPOD4.02.26-8(b)5' PERIMETER BUFFER PERGGPOD 4.02.26-8(a)25' PERIMETER BUFFER PERGGPOD 4.02.26-8(a)6' PUE & DERGE:TWP:SEC:DATE:TITLE:
CLIENT:
PROJECT:OFPROJECT NO.:SHEET NUMBER:DESIGNED:DRAWN:DATEREVISION#DRAWN 0September 9, 2021 1:14 PM K:\2019\190145.00.02 Here We Grow Daycare Admin Deviation\0002 Admin. Deviation Application Preperation\CAD Exhibits\MCP\1901450002 MCP.dwgHERE WE GROW
YAIMA AND ROYLAN REYES
11190145.00.02JUN.,20212849S26ERWADLP51020EXHIBIT - SITE PLAN WITH DEVIATIONS
6610 Willow Park Drive, Suite 200 / Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 / LB6952LEGEND#-PROPERTY BOUNDARY-PROJECT INGRESS/EGRESS-R/W-PROPOSED FENCE-EXISTING FENCE-DEVIATION LOCATIONSDEVIATION #1: SEEKS RELIEF FROM LDC SEC. 4.02.26 B.16.a., WHICH REQUIRES PARKING LOTS TO BE LOCATED TO THE SIDES OR REAR OF BUILDINGS,TO ALLOW FOR AN EXTENSION OF THE CURRENT PARKING LOT TO THE FRONT OF THE BUILDING AND PLAYGROUND TO THE BACK.DEVIATION #2:SEEKS RELIEF FROM LDC SEC. 4.02.26.B.8.a., WHICH REQUIRES A MINIMUM FIVE-FOOT-WIDE PLANTING STRIP WITH SHRUBS ANDTREES TO BE PROVIDED ALONG THE PERIMETER OF ANY LOT LINE FOR A NON-RESIDENTIAL USE ADJACENT TO LANDS OUTSIDE THE GGPODAND ZONED FOR SINGLE-FAMILY RESIDENTIAL DWELLINGS, TO ALLOW FOR NO PLANTING STRIP ALONG A PORTION OF THE NORTHERNPROPERTY LINE WHERE AN EXISTING FENCE AND PLAYGROUND AREA HAVE BEEN PERMITTED AND CONSTRUCTED. THE PLANTINGS REQUIREDWITHIN THIS PORTION OF THE PROPERTY WILL BE PROVIDED AS AN ADDITION TO THE BUFFER AREAS PROVIDED FOR THIS PROJECT.SCHEDULE OF DEVIATIONS:123.C.ePacket Pg. 368Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
PL20210001068
owner/managing member
3.C.e
Packet Pg. 369 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
3.C.e
Packet Pg. 370 Attachment: Attachment D - Application-Backup Materials (19991 : Here We Grow Daycare (DR))
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Packet Pg. 371 Attachment: Attachment E - Advertising Hearing Signs (19991 : Here We Grow Daycare (DR))
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Packet Pg. 372 Attachment: Attachment E - Advertising Hearing Signs (19991 : Here We Grow Daycare (DR))
10/28/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.D
Item Summary: PETITION NO. PDI - PL20200002125 Germain Toyota - Request for
insubstantial change to the Germain Toyota Commercial Planned Unit Development (CPUD), Ordinance
Number 08-60, to add a deviation from LDC Section 5.06.04.F.4 to increase the number of on-premises
signs from one sign to two signs, with the additional sign not exceeding 150 square feet. The subject
property is approximately 13.1 acres located at 13327 and 13315 Tamiami Trail North, approximately
1,000 feet south of Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier
County, Florida. . [Coordinator: Ray Bellows, AICP, Zoning Manager] Commission District 2
Meeting Date: 10/28/2021
Prepared by:
Title: – Zoning
Name: Laura DeJohn
10/08/2021 10:05 AM
Submitted by:
Title: – Zoning
Name: Mike Bosi
10/08/2021 10:05 AM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Skipped 10/08/2021 2:58 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 10/09/2021 6:44 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/12/2021 8:50 AM
Zoning Ray Bellows Review Item Completed 10/18/2021 8:28 AM
Zoning Mike Bosi Review Item Completed 10/18/2021 8:35 AM
Hearing Examiner Andrew Dickman Meeting Pending 10/28/2021 9:00 AM
3.D
Packet Pg. 373
PDI-PL2020002125– Germain Toyota PDI Page 1 of 8
Friday, October 8, 2021
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 28, 2021
SUBJECT: PL20200002125;GERMAIN TOYOTA PDI
PROPERTY OWNER/AGENT:
Owner: Tiara Real Estate Company, LLC
3540 Pine Ridge Road, Suite 3
Naples, FL 34109
Agent(s): Ross McArthur
321 Elk Lane
McGaheysville, VA 22840
REQUESTED ACTION:
The petitioner requests that the Hearing Examiner approve insubstantial change to the Germain
Toyota Commercial Planned Unit Development (CPUD), Ordinance Number 08-60, to add a
deviation from LDC Section 5.06.04.F.4 to increase the number of on-premises signs from one
sign to two signs, with the additional sign not exceeding 150 square feet.
GEOGRAPHIC LOCATION:
The Germain Toyota CPUD is approximately + 13.1 acres located at 13327 and 13315 Tamiami
Trail North, approximately 1,000 feet south of Wiggins Pass Road, in Section 16, Township 48
South, Range 25 East, Collier County, Florida. (See location map on next page)
3.D.a
Packet Pg. 374 Attachment: 10-7-21 - Germain-Toyota-PDI-Staff-Report (20312 : PL20200002125 Germain Toyota PDI)
PDI-PL2020002125– Germain Toyota PDI Page 2 of 8
Friday, October 8, 2021
3.D.aPacket Pg. 375Attachment: 10-7-21 - Germain-Toyota-PDI-Staff-Report (20312 : PL20200002125 Germain Toyota PDI)
PDI-PL2020002125– Germain Toyota PDI Page 3 of 8
Friday, October 8, 2021
PURPOSE AND DESCRIPTION OF PROJECT:
The Germain Toyota CPUD was adopted by
Ordinance 08-60 and allows for motor vehicle
dealership use (new and used), with customary
accessory uses such as showrooms, offices, service
facilities and repair facilities.
The +13.1-acre CPUD occupies one parcel of land
that is developed with two dealerships that
function out of three buildings: a Lincoln sales
building, a Toyota new car sales building, and a
Toyota used car sales building. The insubstantial
change request is to allow a sign to be placed on
the Toyota used car sales building, which
historically had a non-conforming sign pictured
below. The applicant removed the used car
signage due to the age and condition.
The Germain Toyota PUD is silent to signage and
therefore is regulated by the Land Development
Code (LDC). The proposed sign on the used car
sales building constitutes a second wall sign for Toyota in addition to the sign on the Toyota new
car sales building. This exceeds the maximum of one wall sign allowed for each single occupancy
per LDC Section 5.06.04.F.4.
Sign was removed by applicant
due to condition/age
3.D.a
Packet Pg. 376 Attachment: 10-7-21 - Germain-Toyota-PDI-Staff-Report (20312 : PL20200002125 Germain Toyota PDI)
PDI-PL2020002125– Germain Toyota PDI Page 4 of 8
Friday, October 8, 2021
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property Germain Toyota CPUD:
North: Lexus Car Dealership, zoned Commercial C-4
East: Tamiami Trail N. Road R.O.W. & commercial developments, zoned C-2, C-3 and PUD
South: parking for Germain Lincoln Car dealership, zoned C-4
West: Undeveloped Parcel, zoned Community Facilities (granted Provisional Use for use as a
campground by Resolution 86-166), and single family residences zoned RMF-6 adjacent to
the northerly 1/6th of the subject property
Proposed Sign
3.D.a
Packet Pg. 377 Attachment: 10-7-21 - Germain-Toyota-PDI-Staff-Report (20312 : PL20200002125 Germain Toyota PDI)
PDI-PL2020002125– Germain Toyota PDI Page 5 of 8
Friday, October 8, 2021
STAFF ANALYSIS:
Comprehensive Planning: The subject site is designated Urban, Urban Mixed Use District, Urban
Residential and is within the Mixed Use Activity Center #20. The Future Land Use Element of
the Growth Management Plan does not speak to signage, and therefore the request is consistent
with the GMP.
Deviation Review
Staff reviewed the requested deviation, which is restated below in italics followed by the
corresponding staff analysis.
Deviation 1 seeks relief from LDC Section 5.06.04.F.4. which allows for one wall, mansard,
canopy or awning sign for each single occupancy parcel or for each unit in a multiple-occupancy
parcel to allow a second sign that will not exceed 150 square feet.
The applicant’s justification is that the replacement of the previously displayed non-conforming
wall sign is necessary to distinguish the two Toyota buildings (new sales versus used sales) and
assist with guiding customers to the used sales building.
Staff recommends approval of Deviation 1.
The signage previously on the used car sales building was removed due to age/condition.
While proliferation of signage is discouraged, the replacement of the signage that was
previously in place with updated materials will enhance safety and will restore the
distinguishment between two buildings as they have historically been distinguished.
The request is limited in scope to allow one additional sign for Toyota; the proposed second
sign shall meet all other standards that apply to signs including dimensional and placement
requirements and maximum square footage of 150 square feet. Staff finds granting of the
deviation is not detrimental to the health, safety and welfare of the community per LDC
section 10.02.13.A.3, and the request is justified as meeting public purposes to a degree at
least equivalent to literal application of such regulations per LDC section 10.02.13.B.5.h.
PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA:
Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by
which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD
document are to be reviewed before they can be approved. The criteria and a response to each have
been listed as follows:
LDC Section 10.02.13.E.1 Criteria:
a. Is there a proposed change in the boundary of the PUD?
No, there is no proposed change in the boundary of the PUD.
3.D.a
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PDI-PL2020002125– Germain Toyota PDI Page 6 of 8
Friday, October 8, 2021
b. Is there a proposed increase in the total number of dwelling units or intensity of land
use or height of buildings within the development?
No, there is no proposed increase in the number of dwelling units or intensity of land use
or height of buildings within the development.
c. Is there a proposed decrease in preservation, conservation, recreation, or open space
areas within the development in excess of 5% of the total acreage previously
designated as such, or five acres in area?
No, there is no proposed decrease in preservation, conservation, recreation, or open space
areas within the development as designated on the approved Master Plan.
d. Is there a proposed increase in the size of areas used for non-residential uses, to
include institutional, commercial and industrial land uses (excluding preservation,
conservation or open space), or a proposed relocation of nonresidential land uses?
No, the proposed change is to allow additional signage. There would be no increase to the
size of areas used for nonresidential uses and no relocation of nonresidential uses.
e. Is there a substantial increase in the impacts of the development which may include,
but are not limited to increases in traffic generation; changes in traffic circulation; or
impacts on other public facilities?
No, there are no substantial impacts resulting from this change. The sign is proposed to
serve land uses that have already been evaluated for traffic generation and impacts to public
facilities. The sign is does not change traffic circulation and does not create impacts on
other public facilities.
f. Will the change result in land use activities that generate a higher level of vehicular
traffic based upon the Trip Generation Manual published by the Institute of
Transportation Engineers?
The proposed change will not result in land use activities which were not accounted for
when the principal and accessory uses were originally approved.
g. Will the change result in a requirement for increased stormwater retention, or
otherwise increase stormwater discharge?
No, the proposed change will not impact or increase stormwater retention or increase
stormwater discharge.
h. Will the proposed change bring about a relationship to an abutting land use that
would be incompatible with an adjacent land use?
3.D.a
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Friday, October 8, 2021
No. The proposed signage will face the Tamiami Trail North frontage. The project will
continue to provide the required buffers and preserve as mandated by the Germain Toyota
CPUD. There will be no incompatible relationships with abutting land uses.
i. Are there any modifications to the PUD Master Plan or PUD Document or
Amendment to a PUD Ordinance which is inconsistent with the Future Land Use
Element or other elements of the Growth Management Plan or which modification
would increase the density of intensity of the permitted land uses?
No. This petition is consistent with the GMP and does not propose any increase in density
or intensity of the permitted land uses.
j. The proposed change is to a PUD District designated as a Development of Regional
Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such
change requires a determination and public hearing by Collier County pursuant to
Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S.,
and any changes to a DRI/PUD Master Plan that clearly do no t create a substantial
deviation shall be reviewed and approved by Collier County under Section 10.02.13
of the LDC.
The Germain CPUD is not an existing DRI.
k. Are there any modifications to the PUD Master Plan or PUD document or
amendment to a PUD ordinance which impact(s) any consideration deemed to be a
substantial modification as described under Section(s) 10.02.13 E.?
Based upon the analysis provide above, the proposed change is not deemed to be
substantial.
LDC Section 10.02.13.E.2 Criteria:
Does this petition change the analysis of the findings and criteria used for the original
application?
No, the proposed changes do not affect the analysis and findings of the most recent PUD
zoning action approved by Ordinance No. 08-60, which designated the property as
Germain Toyota CPUD. An excerpt from the staff report prepared for that petition is
attached as Attachment D that contains the PUD & Rezoning Findings of Fact for PUDZ-
A-2007-AR-11914.
NEIGHBORHOOD INFORMATION MEETING (NIM) & PUBLIC NOTICE:
Two NIMs were held for this petition. The first was held on was held on June 14, 2021 at 5:30
p.m. at the Germain Toyota used car sales building. One member of the public attended, and after
the applicant’s description of the proposed sign, discussion extended for approximately one hour
about the characteristics of the proposed sign, illumination and hours of illumination, and
3.D.a
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PDI-PL2020002125– Germain Toyota PDI Page 8 of 8
Friday, October 8, 2021
operations of the dealership related to unloading of vehicles. Due to technical difficulties, the
audio / video recording function failed for this meeting.
Because the recording failed, a second NIM was required. The second NIM was held on August
10, 2021 at 5:30 in the Germain Toyota new car sales building. No members of the public appeared
for the meeting. Documentation of this August 10, 2021 meeting and the comments noted from
the June 14, 2021 meeting are provided in Attachment E.
Public notice was provided about the October 28, 2021 Hearing Examiner Hearing by posting of
a Public Hearing Notice sign on the property, mailing of notices to owners within 500 feet of the
subject site, and publication of a newspaper advertisement at least 15 days prior to the hearing.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner (HEX) approve Insubstantial Change
Petition PDI-PL20200002125, adding Deviation 1 to the Germain Toyota CPUD as provided in
Attachment A.
Attachments:
A) Strike-underline change – Exhibit H, Deviation
B) Ordinance 08-60, Germain Toyota CPUD
C) Application/Backup Materials
D) Findings of Fact – PUDZ-A-2007-AR-11914
E) NIM Summary Documents
3.D.a
Packet Pg. 381 Attachment: 10-7-21 - Germain-Toyota-PDI-Staff-Report (20312 : PL20200002125 Germain Toyota PDI)
EXHIBIT H
LIST OF REQUESTED DEVIATIONS FROM THE LDC
GERMAIN TOYOTA CPUD
Deviation #1 seeks relief from LDC Section 5.06.04.F.4, On-Premises Signs, which allows for one
wall, mansard, canopy or awning sign to be permitted for each single-occupancy parcel, or for
each unit in a multiple-occupancy parcel, to allow a second sign for the Toyota dealership to be
located on the Toyota used car building, with the additional sign not exceeding 150 square feet.
Underlined Text is Added 19 Germain Toyota CPUD – PL20200002125
Last Revised: October 7, 2021
3.D.b
Packet Pg. 382 Attachment: Attachment A - Strike Underline Ex H Deviation (20312 : PL20200002125 Germain Toyota PDI)
3.D.c
Packet Pg. 383 Attachment: Attachment B -- Ord. 08-60 (20312 : PL20200002125 Germain Toyota PDI)
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Packet Pg. 404 Attachment: Attachment B -- Ord. 08-60 (20312 : PL20200002125 Germain Toyota PDI)
r9>unty ...... -
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
{239) 252-2400 FAX: {239) 252-6358
INSUBSTANTIAL CHANGE TO A PUD (POI}
LDC subsection 10.02.13 E & Code of Laws section 2-83 -2-90
Ch. 3 G.3 of the Administrative Code
Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is
not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD
ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the
review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based
on the findings and criteria used for the original application.
PETITION NO
PROJECT NAME
DATE PROCESSED
To be completed by staff
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): _______________________ _
Name of Applicant if different than owner: __________________ _
Address: ____________ City: ______ State: ___ ZIP: ____ _
Telephone: _________ Cell: _________ Fax: ________ _
E-Mail Address:-----------------------------
Name of Agent: ____________________________ _
Firm: ---------------------------------
Address: __________ City: _______ State: ____ ZIP: ____ _
Telephone: Cell: Fax: --------------------------
E -Mai I Address: -----------------------------
DETAIL OF REQUEST
On a separate sheet, attached to the application, describe the insubstantial change request.
Identify how the request does not meet the PUD substantial change criteria established in LDC
subsection 10.02.13 E.1.
Revised 3/27/2018 Page 1 of 4
Ross McArthur
13315 Tamiani Trl N Naples FL 34110
Robert germain
760-274-4325
p2u@usa.com
Ross McArthur
Toyota
321 Elk Ln McGaheysville VA 22840
760-274-4325
p2u@usa.com
XXXXXXXxxxxx
xxxxxxxxxxxxx Tiara Real estate Company LLC
3.D.d
Packet Pg. 405 Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
{239) 252-2400 FAX: (239) 252-6358
PROPERTY INFORMATION
PUD NAME: _________ ORDINANCE NUMBER: _________ _
FOLIO NUMBER(S): ______________________ _
Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be
graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a
legal description for subject portion.
Attach on a separate sheet, a written description of the map or text change.
Does amendment comply with the Growth Management Plan? Oves
If no, please explain: ________________________ _
Has a public hearing been held on this property within the last year? Oves
If yes, in whose name? _______________________ _
Has any portion of the PUD been O SOLD and/or O DEVELOPED?
Are any changes proposed for the area sold and/or developed? D Yes
If yes, please describe on an attached separate sheet.
Revised 3/27/2018 Page 2 of 4
X
XX
X
We are asking for a sign on the Used Car Building.
Section 5.06.04 F.4
3.D.d
Packet Pg. 406 Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net (239)252-2400 FAX: (239) 252-6358
Pre-Application Meeting and Final Submittal Requirement Checklist for:
PUD Insubstantial Change
Chapter 3 G.3 of the Administrative Code
The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At final submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
#OF REQUIRED NOT REQUIREMENTS FOR REVIEW COPIES REQUIRED
Completed Application (download current form from County website) 1 cg]
Pre-Application Meeting notes 1 \f" □
Project Narrative, including a detailed description of proposed changes 1 � □ and why amendment is necessary
Detail of request 1 cg]
Carrent Maste1 Plar, & l-R-e.d.u...ced Copy 1 -.L I.A p ✓
Re11iseci Meister ela□ & J Becibleeel Copy 1 � v -�IL"'-
Revised Text and any exhibits [] \•y
PUD document with changes crossed through & underlined [] l,, V
PUD document as revised with amended Title Page with Ordinance# □ \, /
Warranty Deed uJ £.V -
Legal Description 1 ✓
Boundary survey, if boundary of original PUD is amended [I] � V
If PUD is platted, include plat book pages --□ 8'
List identifying Owner & all parties of corporation 1 �V
Affidavit of Authorization, signed & notarized 1 X
Com12leted Addressing Checklist 1 cg]
Pro12ert� Ownershi12 Disclosure Form 1 cg]
Copy of 8 ½ in. x 11 in. graphic location map of site 1 Gr'
Electronic copy of all documents and plans
� *Please advise: The Office of the Hearing Examiner requires all materials □ □
to be submitted electronically in PDF format.
*If located in lmmokalee or seeking affordable housing, include an additional set of each submittal
requirement.
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
•Following the completion of the review process by County Review staff, the applicant shall submit
all materials electronically to the designated project manager.
•Please contact the project manager to confirm the number of additional copies required.
Revised 3/27/2018 Page 3 of 4
3.D.d
Packet Pg. 407 Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
rCounty .....:-:: ...
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX: (239) 252-6358
PLANNERS -INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
D School District (Residential Components): Amy □ Bayshore/Gateway Triangle Redevelopment:
Lockheart Executive Director □ Utilities Engineering: Eric Fey □ Parks and Recreation: Barry Williams and David
Berra □ Emergency Management: Dan Summers □ Naples Airport Authority:
Conservancy of SWFL: Nichole Johnson I I Other: □ City of Naples: Robin Singer, Planning Director □ Other:
FEE REQUIREMENTS
IZ"PUD Amendment Insubstantial (PDI): $1,500.00
�Pre-Application Meeting: $500.00
�stimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00
Same fee applies if the petition is referred to the Collier County Planning Commission, where the
CCPC serves as the deciding authority instead of the HEX.
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set
forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood
Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and fees shall be submitted to:
Agent/Owner Signature
Growth Management Department
Planning and Regulation
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
Applicant/Owner Name (please print)
Revised 3/27/2018
Date
Page 4 of 4
Ross McArthur
10.29.2020
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b.If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXX
Tiara Real Estate Company LLC Robert Germain 100%
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f.If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g.Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
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AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S) ______________________ _
*Notes:
1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions onthe referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2.All answers to the questions in this application and any sketches, data or other supplementary matterattached hereto and made a part of this application are honest and true; 3.I have authorized the staff of Collier County to enter upon the property during normal working hoursfor the purpose of investigating and evaluating the request made through this application; and that 4.The property will be transferred, conveyed, sold or subdivided subject to the conditions andrestrictions i_mposed-,y ::e ap!?ve�action. 5.We/I authonze M.-s s L.fLc 1±.r-fh«,-. to act as our/my representativein any matters regarding this petition including 1 through 2 above.
•If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.•If the applicant is a Limited Liability Company (L.L. C.) or Limited Company (L. C.), then the documents should
typically be signed by the Company's "Managing Member."•If the applicant is a partnership, then typically a partner can sign on behalf of the partnership.•If the applicant is a limited partnership, then the general partner must sign and be identified as the "general
partner'' of the named partnership.
•If the applicant is a trust, then they must include the trustee's name and the words "as trustee".•In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then
use the appropriate format for that ownership.
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that
the facts stated in it are true.
�c::.__ � �-z'-Z.I
Signature
STATE OF FLORIDA COUNTY OF COLLIER
Date
The foregoing instrument was acknowleged before me by means of �hysica:resence or O online notarization this
J_A.11. day of ft:fao,.u,t , 20M, by (printed name of owner or qualifier) 'l::!::_obetf L 6e.t,oo..,f\ :::TrI Such person(s) Notary Public must check applicable box: 0' Are personally known to me
D Has produced a current drivers license ______ _
D Has produced----=------as ;de"'!?O": Notary Signature: _ _.f(e.1,Q:..:'°""'P-Adi�._...a_.,.D&,=�-d--.!:l<���--"d/4."""-""'""'-U...-''----
CP\08-COA-00115\155
REV 3/4/2020
�V�t'1,,, DEANNA LYNN RUTH
�
-· '--;.State,of Flori.da-Notary Public
;, • � Commission # GG 122797
"' �f My Commission Expires
, ,,,•�,,,,, July 1 o, 2021 ·
PL20200002125
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555 Ellesmere Road Toronto, Ontario, Canada M1R 4E8(Toll Free) 1.866.635.1110 (Fax) 1.855.759.4965 www.paƫsonsign.comProject IDFluorescent, Neon and HID lamps contain Mercury (HG).Dispose of the lamps according to Local, Provincial, State or Federal Laws.This sign to be installed in accordance with the requirements of ArƟcle 600 of theNaƟonal Electrical Code and/or other applicable local codes.This includes proper grounding and bonding of the sign.It is the Customer’s responsibility toensure that the structure of thebuilding is designed and constructedto accept the installaƟon of the signsbeing ordered. Please ask PSGto provide further details if required.All rights reserved. The artworkdepicted herein are copyright andare the exclusive property ofPaƫson Sign Group and as suchcannot be reproduced in whole orin part without wriƩen permissionby Paƫson Sign Group.120VOtherSignatureMM/DD/YYYY347VCustomer ApprovalDate:Scale:Sales:Designer:ConceptualRev. #: R3Date: 01-JUL-2020Sign ItemSG1 & SG2MasterElectricalRevision Note:Used exisƟng building fascadeAdd 12” red band leƩers10” aboveMove signs 8’-6” in from edgeFEB-05-20203/16” = 1’-0”L.MilliganC.SabaƟnoLM2-3242809112Germain Toyota13315 N. Tamiami TrailNaples. FLTB41 Building Site PlanInformaƟon Required:Measurements to beconfirmed.Move signs 8’-6” in from edgeX------------------------USED VEHICLES signX-----------TOYOTA Sign with Logo.Building "A"X---Existing Toyota SignToyota Logo 26 SF.Toyota Lettering 36 sf3.D.dPacket Pg. 417Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
USED VEHICLES2’-0”20’-7 7/8”5’-3 3/8”3’-5”2’-5 5/16”(T)2’-7 1/16”(O)8 13/16”14’-7 11/16”35.76 SQ.FT.14.17 SQ.FT.TB41Illuminated Logo & Letters- panned & embossed clamshell trim- lexan polycarbonate: Bayer Red D99- aluminum coil pre-painted red- 3M 3635-20B block out vinyl applied second surface- illuminated with red LED- electrical hook-up supplied by othersSI-24Illuminated Channel Letters- aluminum cabinets black- f-trim retainers black- 3/16" white pigmented acrylic faces #2447- 3M 3635-222 black perforated vinyl applied first surface- illuminated with white LED- electrical hook-up supplied by othersinside viewblock-out vinyl area555 Ellesmere Road Toronto, Ontario, Canada M1R 4E8(Toll Free) 1.866.635.1110 (Fax) 1.855.759.4965 www.paƫsonsign.comProject IDFluorescent, Neon and HID lamps contain Mercury (HG).Dispose of the lamps according to Local, Provincial, State or Federal Laws.This sign to be installed in accordance with the requirements of ArƟcle 600 of theNaƟonal Electrical Code and/or other applicable local codes.This includes proper grounding and bonding of the sign.It is the Customer’s responsibility toensure that the structure of thebuilding is designed and constructedto accept the installaƟon of the signsbeing ordered. Please ask PSGto provide further details if required.All rights reserved. The artworkdepicted herein are copyright andare the exclusive property ofPaƫson Sign Group and as suchcannot be reproduced in whole orin part without wriƩen permissionby Paƫson Sign Group.120VOtherSignatureMM/DD/YYYY347VCustomer ApprovalDate:Scale:Sales:Designer:ConceptualRev. #: R4Date: 07-APR-2021Sign ItemSG1 & SG2MasterElectricalFEB-05-20203/16” = 1’-0”L.MilliganC.SabaƟnoLM2-3242809112Germain Toyota13315 N. Tamiami TrailNaples. FLTOYOTA TO REVIEW & APPROVENON-STANDARD SIGNAGE PACKAGE & LAYOUTTB41 Building SignageInformaƟon Required:Measurements to beconfirmed.±86'-2 1/8"10"20'-6"Revision Note:Used exisƟng building fascadeAdd 12” red band leƩers10” aboveMove Signage with in SqFtrequirements17'-8 1/4"35.37 SQ.FT.3’-5”43’-8 3/16”149.24 SQ.FT.LINE UP EDGE OF LETTER WITH EDGE OF DOORLINE UP EDGE OF LETTER WITH EDGE OF DOORSAME BASE LINE AS ‘TOYOTA’ LETTERSBoth signs mounted 12' off grade to the bottom of the signs.3.D.dPacket Pg. 418Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
555 Ellesmere Road Toronto, Ontario, Canada M1R 4E8(Toll Free) 1.866.635.1110 (Fax) 1.855.759.4965 www.paƫsonsign.comProject IDFluorescent, Neon and HID lamps contain Mercury (HG).Dispose of the lamps according to Local, Provincial, State or Federal Laws.This sign to be installed in accordance with the requirements of ArƟcle 600 of theNaƟonal Electrical Code and/or other applicable local codes.This includes proper grounding and bonding of the sign.It is the Customer’s responsibility toensure that the structure of thebuilding is designed and constructedto accept the installaƟon of the signsbeing ordered. Please ask PSGto provide further details if required.All rights reserved. The artworkdepicted herein are copyright andare the exclusive property ofPaƫson Sign Group and as suchcannot be reproduced in whole orin part without wriƩen permissionby Paƫson Sign Group.120VOtherSignatureMM/DD/YYYY347VCustomer ApprovalDate:Scale:Sales:Designer:ConceptualRev. #: R3Date: 01-JUL-2020Sign ItemSG1 & SG2MasterElectricalRevision Note:Used exisƟng building fascadeAdd 12” red band leƩers10” aboveMove signs 8’-6” in from edgeFEB-05-20203/16” = 1’-0”L.MilliganC.SabaƟnoLM2-3242809112Germain Toyota13315 N. Tamiami TrailNaples. FLTB41 Building Site PlanInformaƟon Required:Measurements to beconfirmed.Move signs 8’-6” in from edgeX------------------------USED VEHICLES signX-----------TOYOTA Sign with Logo.X-----Existing Toyota Sign3.D.dPacket Pg. 419Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
555 Ellesmere Road Toronto, Ontario, Canada M1R 4E8(Toll Free) 1.866.635.1110 (Fax) 1.855.759.4965 www.paƫsonsign.comProject IDFluorescent, Neon and HID lamps contain Mercury (HG).Dispose of the lamps according to Local, Provincial, State or Federal Laws.This sign to be installed in accordance with the requirements of ArƟcle 600 of theNaƟonal Electrical Code and/or other applicable local codes.This includes proper grounding and bonding of the sign.It is the Customer’s responsibility toensure that the structure of thebuilding is designed and constructedto accept the installaƟon of the signsbeing ordered. Please ask PSGto provide further details if required.All rights reserved. The artworkdepicted herein are copyright andare the exclusive property ofPaƫson Sign Group and as suchcannot be reproduced in whole orin part without wriƩen permissionby Paƫson Sign Group.120VOtherSignatureMM/DD/YYYY347VCustomer ApprovalDate:Scale:Sales:Designer:ConceptualRev. #: R3Date: 01-JUL-2020Sign ItemSG1 & SG2MasterElectricalRevision Note:Used exisƟng building fascadeAdd 12” red band leƩers10” aboveMove signs 8’-6” in from edgeFEB-05-20203/16” = 1’-0”L.MilliganC.SabaƟnoLM2-3242809112Germain Toyota13315 N. Tamiami TrailNaples. FLInformaƟon Required:Measurements to beconfirmed.Move signs 8’-6” in from edgeX------------------------USED VEHICLES signX-----------TOYOTA Sign with Logo.Building "A"Building "B"X---Existing Sign #1X-----Proposed Sign #23.D.dPacket Pg. 420Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
USED VEHICLES2’-0”20’-7 7/8”5’-3 3/8”3’-5”2’-5 5/16”(T)2’-7 1/16”(O)8 13/16”14’-7 11/16”35.76 SQ.FT.14.17 SQ.FT.TB41Illuminated Logo & Letters- panned & embossed clamshell trim- lexan polycarbonate: Bayer Red D99- aluminum coil pre-painted red- 3M 3635-20B block out vinyl applied second surface- illuminated with red LED- electrical hook-up supplied by othersSI-24Illuminated Channel Letters- aluminum cabinets black- f-trim retainers black- 3/16" white pigmented acrylic faces #2447- 3M 3635-222 black perforated vinyl applied first surface- illuminated with white LED- electrical hook-up supplied by othersinside viewblock-out vinyl area555 Ellesmere Road Toronto, Ontario, Canada M1R 4E8(Toll Free) 1.866.635.1110 (Fax) 1.855.759.4965 www.paƫsonsign.comProject IDFluorescent, Neon and HID lamps contain Mercury (HG).Dispose of the lamps according to Local, Provincial, State or Federal Laws.This sign to be installed in accordance with the requirements of ArƟcle 600 of theNaƟonal Electrical Code and/or other applicable local codes.This includes proper grounding and bonding of the sign.It is the Customer’s responsibility toensure that the structure of thebuilding is designed and constructedto accept the installaƟon of the signsbeing ordered. Please ask PSGto provide further details if required.All rights reserved. The artworkdepicted herein are copyright andare the exclusive property ofPaƫson Sign Group and as suchcannot be reproduced in whole orin part without wriƩen permissionby Paƫson Sign Group.120VOtherSignatureMM/DD/YYYY347VCustomer ApprovalDate:Scale:Sales:Designer:ConceptualRev. #: R4Date: 07-APR-2021Sign ItemSG1 & SG2MasterElectricalFEB-05-20203/16” = 1’-0”L.MilliganC.SabaƟnoLM2-3242809112Germain Toyota13315 N. Tamiami TrailNaples. FLTOYOTA TO REVIEW & APPROVENON-STANDARD SIGNAGE PACKAGE & LAYOUTTB41 Building SignageInformaƟon Required:Measurements to beconfirmed.±86'-2 1/8"10"20'-6"Revision Note:Used exisƟng building fascadeAdd 12” red band leƩers10” aboveMove Signage with in SqFtrequirements17'-8 1/4"35.37 SQ.FT.3’-5”43’-8 3/16”149.24 SQ.FT.LINE UP EDGE OF LETTER WITH EDGE OF DOORLINE UP EDGE OF LETTER WITH EDGE OF DOORSAME BASE LINE AS ‘TOYOTA’ LETTERSBoth signs mounted 12' off grade to the bottom of the signs.3.D.dPacket Pg. 421Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
555 Ellesmere Road Toronto, Ontario, Canada M1R 4E8(Toll Free) 1.866.635.1110 (Fax) 1.855.759.4965 www.paƫsonsign.comProject IDFluorescent, Neon and HID lamps contain Mercury (HG).Dispose of the lamps according to Local, Provincial, State or Federal Laws.This sign to be installed in accordance with the requirements of ArƟcle 600 of theNaƟonal Electrical Code and/or other applicable local codes.This includes proper grounding and bonding of the sign.It is the Customer’s responsibility toensure that the structure of thebuilding is designed and constructedto accept the installaƟon of the signsbeing ordered. Please ask PSGto provide further details if required.All rights reserved. The artworkdepicted herein are copyright andare the exclusive property ofPaƫson Sign Group and as suchcannot be reproduced in whole orin part without wriƩen permissionby Paƫson Sign Group.120VOtherSignatureMM/DD/YYYY347VCustomer ApprovalDate:Scale:Sales:Designer:ConceptualRev. #:Date:R407-APR-2021Sign ItemSite PlanMasterElectricalRevision Note:InformaƟon Required:FEB-05-2020N.T.S.L.MilliganC.SabaƟnoLM2-3242809112Germain Toyota13315 N. Tamiami TrailNaples. FLFloor PlanSI24TB413.D.dPacket Pg. 422Attachment: Attachment C - Application Back Up (20312 : PL20200002125 Germain Toyota PDI)
Addie’s Corner MPUD – PL20200001265
Last Revised: September 2, 2020
Page 1 of 1
Underline Text is Added
Strike-through Text is Deleted
EXHIBIT “H”
LIST OF REQUESTED DEVIATIONS FROM THE LDC
LDC/Germain TOYOTA PUD
** * * * * * * * * * * * *
Section 5.06.04 F.4 of the Collier County Land Development Code:
1. We are requesting a Deviation from LDC Section 5.06.04.F.4, On-Premises Signs which allows
for one wall, mansard, canopy or awning sign to be permitted for each single-occupancy parcel,
or for each unit in a multiple-occupancy parcel We are seeking 2 signs that will not exceed the
150 sf allowance. Sign(s) and shall be affixed to the associated tenant or lease holder's unit,
with exceptions for architectural design impediments.
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Permits 2 U, 321 Elk Ln McGaheysville VA 22840
760-274-4325
12.01.2020
Germain Toyota
13315 N. Tamiami Trail
Naples. FL
Collier County FL.
Narrative:
1-Germain Toyota is requesting a ruling from the development standard established by the PDI
process.
2-The physical separation between our New and Used Vehicle showrooms by our service
driveway, does not allow us to brand the Used Vehicle building. This combined with the setback of
our property and the high rate of speed along Tamiami Trail is causing our customer undue
hardship to easily and safely navigate between the two properties.
3-We are asking to have one compliant sign over the New Vehicle building to the south and one
non-compliant Toyota Sign with logo and Used Vehicle sign over the North building.
Page 1 of 33
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Permits 2 U, 321 Elk Ln. McGaheysville VA 22840
760-274-4325
Top View of Facility
East Elevation New and use Vehicle sales.
X--PF Site
Dobbs Rd
RS 207-------------X
X--PF Site
Page 2 of 3
X----Proposed sign location
X--New Vehicle Salesroom
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Permits 2 U, 321 Elk Ln McGaheysville VA 22840.
760-274-4325
X---PF Site
Dobbs Rd
Page 3 of 3
W
By approving our request, this would add consistency to the definition laid out by the City Ordinance,
plus be more visibly compatible with other local businesses, while preventing a less hazardous traffic
situation.
This authorization would not be materially detrimental to the public welfare of the general public or to
persons residing and working in the immediate area.
We are respectfully requesting a favorable decision in approving our application. y
Toyota USA
Ross McArthur
McGaheysville VA
760-274-4325
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Permits 2 U, 951 Iron Horse Dr., San Marcos CA, 92078.
760-274-4325
Page 4 of 4.
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3.D.e
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Transcript PLPL20200002125 – Germain Toyota of Naples CPUD – PDI August 10, 2021
The second public meeting was scheduled for Tuesday August 10, 2021, 5:30pm at Toyota Dealership
building located at 13315 Tamiami Trail North, Naples, FL 34110. No members of the public were
present therefore the meeting was not held.
The first public meeting was held on June 14 th, 2021, 5:30pm at the Used Vehicles Facility located at
13315 Tamiami Trail North, Naples, FL 34110. This was attended by Doug Fee who had mentioned the
following topics:
• Changing the precedent for additional signage on the sides and rear of the building.
• Doug wanted to verify that the adjustment would not allow the Lexus facility to modify their
signage as a result of this request.
• Doug requested a consideration to not have the signage illuminated.
• Bryn Byers from Toyota was on the call and told Mr. Fee that this was not an option for
consideration.
• Mr. Fee also requested that the illuminated portal on the new car facility building not be
illuminated after hours.
• Bryn Byers from Toyota also declined this proposal.
The meeting held on June 14th was not recorded due to technical difficulties.
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July 20, 2021
Germain Toyota of Naples
13315 N Tamiami Trail
Naples FL 34110
USA
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking approval of a PDI
Application for the following described property:
13303 and 13315 Tamiami Trail North south of Wiggins Pass Road in Section 16, Township 48 South,
Range 25 East, Collier County, Florida. [PL20200002125]
The property owner is petitioning Collier County for an insubstantial change to the Germain Toyota
Commercial Planned Unit Development (CPUD) is to allow a second wall sign not to exceed a total of 150
square feet where a sign was formerly located. This is a deviation from Section 5.06.04.F.4 of the Land
Development Code which permits only one wall sign on a single occupancy parcel.
In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be
held to provide you an opportunity to become fully aware of our development intentions and to give you an
opportunity to influence the form of development. The Neighborhood Information Meeting will be held on
August 10 at 5:30 pm at our Toyota Used Vehicles Show Room at 13315 N Tamiami Trail, south of Wiggins
Pass Rd
At this meeting the petitioner will make every effort to illustrate how the property will be developed and to
answer any questions. Should you have questions prior to the meeting, please contact me at the phone
number or email address listed below.
Sincerely,
Ross McArthur
Ross McArthur, 924 Iron Horse Dr. San Marcos CA 92078, 760‐274‐4325, p2u@usa.com
3.D.f
Packet Pg. 449 Attachment: Attachment E - NIM Documentation (20312 : PL20200002125 Germain Toyota PDI)
1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE
826 WIGGINS PASS PROP LLC 680 96TH AVE N NAPLES, FL 34108---0 81930500424 U
826 WIGGINS PASS PROP LLC 680 96TH AVE N NAPLES, FL 34108---0 81930500602 U
975 IMPERIAL LLC 28461 HIGHGATE DRIVE BONITA SPRINGS, FL 34135---0 51585001023 U
ACM 844 WIGGINS PASS INC 844 WIGGINS PASS RD NAPLES, FL 34110---0 75460200006 U
AHMED, BORHAN 975 IMPERIAL GOLF COURSE BLVD #120-121 NAPLES, FL 34110---0 51585001243 U
ANTONELLI, STEPHEN L 7005 BOTTLEBRUSH LANE NAPLES, FL 34109---0 75310040002 U
BERTELSEN, NANCY D 196 3RD STREET BONITA SPRINGS, FL 34134---0 75461240007 U
BLAZINA, SANDRA J 27241 HIGH SEAS LN BONITA SPRINGS, FL 34135---4312 81930500204 U
BRADLEY, PATRICK KEVIN 1346 CENTER LN NAPLES, FL 34110---0 75460280000 U
BREAD & BUTTER LLC PO BOX 7504 PUEBLO WEST, CO 81007---0 81930500563 U
BREAD & BUTTER LLC PO BOX 7504 PUEBLO WEST, CO 81007---0 81930500725 U
BROBECK, JAMES M 740 BONETA RD MEDINA, OH 44256---0 81930500660 U
BROBECK, MARK J 1756 NORTHWOOD DR NE LANCASTER, OH 43130---0 81930500644 U
BROWN, TRACY 1344 WEST LN NAPLES, FL 34110---0 75461040003 U
COATES, RICHARD L 830 WIGGINS PASS RD APT 13 NAPLES, FL 34110---6109 75360520006 U
COLE, RICHARD & JONA RAE 1120 29TH ST SW NAPLES, FL 34117---0 75461200005 U
COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 00154880008 U
COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 75461280009 U
COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 75461280106 U
CONECO REALTY LLC 4 FIRST STREET BRIDGEWATER, MA 02324---0 00152480002 U
COSTA, MONICA BARGER 4398 ALBACORE CIR PORT CHARLOTTE, FL 33948---0 81930500482 U
COSTANTINO, JAMES & TINA M 531 ROSIE LANE HATFIELD, PA 19440---0 75360560008 U
COX, KELLY I 6463 HOODED BAY CT TALLAHASSEE, FL 32303---0 81930500686 U
CRAIG, GLADYS 830 WIGGINS PASS ROAD #6B NAPLES, FL 34110---0 75360240001 U
CRAIG, GLADYS ISMAEL HERRERA ANEZ 830 WIGGINS PASS RD #11 NAPLES, FL 34110---0 75360440005 U
CROSSA, DARWIN ANA MARIA SEBBEN 70 17TH STREET SOUTHWEST NAPLES, FL 34117---0 81930500466 U
DARCE, JEAN R ROSELA JOSEPH ROGER ANGERVIL 47 ROYAL COVE DR NAPLES, FL 34110---6360 71271920003 U
DAVID A RODDIS LIVING TRUST 1341 CENTER LANE NAPLES, FL 34110---6119 75460720007 U
E POPPLEWELL REV TRUST 8700 SW 158TH ST PALMETTO BAY, FL 33157---2043 75460680008 U
EIA LAMPE REV TRUST 2320 MONTCLAIR DRIVE UNIT 202 NAPLES, FL 34107---0 75360320002 U
EIA LAMPE REVOCABLE TRUST PO BOX 770308 NAPLES, FL 34107---308 75360200009 U
ERDAL, MORRIS MILTON 830 WIGGINS PASS RD APT 15 NAPLES, FL 34110---6109 75360600007 U
EVERETT TR, FRANKIE T 4974 ESPLANADE ST BONITA SPRINGS, FL 34134---3986 75360040007 U
FERRELLI INDUSTRIES INC 2058 NE 183 ST NORTH MIAMI BCH, FL 33179---0 51585001162 U
FORREST, DONNA M 597 BAY VILLAS LANE NAPLES, FL 34108---0 75460840000 U
FRUEH, RUDOLF F & ELSA 437 W GREENFIELD AVE LOMBARD, IL 60148---1511 81930500628 U
FUTURE CITIZENS INC % BARBARA GIDEON 4930 AZTEC CIR NAPLES, FL 34112---0 00154960009 U
GREATER IMPERIAL BOARD INC 897 IMPERIAL GOLF COURSE BLVD NAPLES, FL 34110---0 00154200002 U
GST EXEMPT DYNASTY TRUST 782 97TH AVENUE NORTH NAPLES, FL 34108---0 81930500709 U
GZAMOURANIS, GUS & MARIA 4207 N WINCHESTER AVE CHICAGO, IL 60613---1013 81930500589 U
HAYES, DENISE G 1340 WEST LN NAPLES, FL 34110---6104 75460960003 U
HOLOCAUST MUSEUM & EDUCATION CENTER OF SOUTHWEST FL INC 975 IMPERIAL GOLF COURSE BLVD UNIT 108 NAPLES, FL 34110---0 51585001081 U
HOLOCAUST MUSEUM & EDUCATION CENTER OF SOUTHWEST FLORIDA INC 975 IMPERIAL GOLF COURSE BLVD #108 NAPLES, FL 34110---0 51585001065 U
HOLOCAUST MUSEUM & EDUCATION CENTER OF SW FLORIDA INC 975 IMPERIAL GOLF COURSE BLVD STE 108 NAPLES, FL 34110---0 51585001104 U
HURST, VICTORIA 830 WIGGINS PASS RD #2 NAPLES, FL 34110---0 75360080009 U
IN VIVO INNOVATION LLC 1617 ORANGE TREE LANE LA CANADA FLINTR, CA 91011---0 81930500084 U
IRVINE, EUGENE F 3460 BALLYBRIDGE CIR #102 BONITA SPRINGS, FL 34134---2979 75310120003 U
IRVINE, EUGENE F 3460 BALLYBRIDGE CIR #102 BONITA SPRINGS, FL 34134---2979 75310160005 U
IRVINE, EUGENE F 3460 BALLYBRIDGE CIR #102 BONITA SPRINGS, FL 34134---2979 75310240006 U
IRVINE, EUGENE F 3460 BALLYBRIDGE CIR #102 BONITA SPRINGS, FL 34134---2979 75310280008 U
JERRY O NEWTON & LINDA JANE NEWTON REVOCABLE LIVING TRUST 438 HARBOR DR N INDIAN ROCKS BCH, FL 33785---0 71270080009 U
JOHANSEN IMPERIAL LLC 1935 8TH STREET NAPLES, FL 34102---0 51585001049 U
JWB COMPANY I LLC 585 BANK LN SUITE 3000 LAKE FOREST, IL 60045---0 00154560807 U
KEE INVESTMENTS LLC 222 HARBOUR DRIVE #405 NAPLES, FL 34103---0 51585001133 U
KELLER, MICHAEL JOHN 1324 GRAND CANAL DRIVE NAPLES, FL 34110---0 81930500220 U
KLAUER, LIVIJA ROBERT F KLAUER 430 GARFIELD AVE DUBUQUE, IA 52001---3552 81930500385 U
KLEIN, AMIT 1337 CENTER LN NAPLES, FL 34110---0 75460800008 U
KOJITANI, HIROKAZU & KAZUE 6017 PINE RIDGE RD #105 NAPLES, FL 34119---0 81930500068 U
L & A 2018 LLC 2320 MONTCLAIR DRIVE 202 NAPLES, FL 34109---0 75360360004 U
LAMBRECHT, ALBERT I & DIANE C 108 2ND ST NW NEW PRAGUE, MN 56071---1408 75310200004 U
LARA, ANTONIO ANA SALAZAR-BRUNO 45 ROYAL COVE DR NAPLES, FL 34110---0 71270120008 U
LEWIS, HOLLY B 381 MORRILL STREET GILFORD, NH 03249---0 75460440002 U
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may
not transfer this data to others without consent from the CCPA.
Petition: PL20200002125 | Buffer: 500' | Date: 5/4/2021 | Site Location: 00155000007
POList_500_PL20200002125 (1)
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2
LICOUT, CHRISTINE C 1342 WEST LANE NAPLES, FL 34110---0 75461000001 U
MADRIGAL, JOSE LUIS OCHOA 759 BENTLY ST E LEHIGH ACRES, FL 33974---0 81930500440 U
MAGGARD, JOYCE S 4935 KINGSTON WAY NAPLES, FL 34119---0 75460360001 U
MANN JR, JOHN E & LORI R 10187 COCONUT RD BONITA SPRINGS, FL 34135---0 75360160000 U
MARCELLA A HILL LLC 27800 MARCO DR BONITA SPRINGS, FL 34135---0 51585001120 U
MARTIN, PATRICIA R 4527 ASHTON CT NAPLES, FL 34112---2396 51585001146 U
MAVING, DANIEL M & SANDRA L 113 MOULTON AVE BUFFALO, NY 14223---0 75460400000 U
MCMANUS, DELORES PAYNE MICHAEL L MCMANUS 1339 CENTER LN NAPLES, FL 34110---6101 75460760009 U
MCREYNOLDS, ROGER J PATRICIA A MCREYNOLDS 1001 N BROADWAY ST JOLIET, IL 60435---4507 81930500547 U
MIAMI RENTAL SEARCH LLC 6017 PINE RIDGE RD #105 NAPLES, FL 34119---0 81930500149 U
MIAMI RENTAL SEARCH LLC 6017 PINE RIDGE RD #105 NAPLES, FL 34119---0 81930500327 U
MIAMI RENTAL SEARCH LLC 6017 PINE RIDGE RD #105 NAPLES, FL 34119---0 81930500369 U
MICELI, ANTONINO 10980 VANDERBILT DR NAPLES, FL 34108---0 81930500262 U
MICELI, ANTONINO & PATRICIA 10980 VANDERBILT DR NAPLES, FL 34108---0 81930500013 U
MICELI, ANTONINO & PATRICIA 10980 VANDERBILT DR NAPLES, FL 34108---0 81930500521 U
MICELI, ANTONINO & PATRICIA 10980 VANDERBILT DR NAPLES, FL 34108---2122 81930500741 U
MICELI, ANTONINO & PATRICIA L 10980 VANDERBILT DRIVE NAPLES, FL 34108---0 81930500107 U
MICELI, ANTONIO 10980 VANDERBILT DR NAPLES, FL 34108---0 81930500408 U
MICELI, ANTONIO 10980 VANDERBILT DRIVE NAPLES, FL 34108---0 81930500505 U
MICELI, ANTONIO 10980 VANDERBILT DRIVE NAPLES, FL 34108---0 81930500123 U
MICELI, ANTONIO & PATRICIA 10890 VANDERBILT DR NAPLES, FL 34108---0 81930500246 U
MICELI, ANTONIO & PATRICIA 10980 VANDERBILT DR NAPLES, FL 34108---0 81930500181 U
MICELI, ANTONIO & PATRICIA 10980 VANDERBILT DR NAPLES, FL 34108---0 81930500343 U
MICELI, NUNZIO 10980 VANDERBILT DRIVE NAPLES, FL 34108---0 81930500301 U
NAPLES II LLC NAPLES II A LLC PO BOX 688 WESTBROOK, CT 06498---0 51585000503 U
NEEDLEPOINT IN PARADISE LLC 975 IMPERIAL GOLF COURSE BLVD #118 NAPLES, FL 34110---0 51585001227 U
NEEDLEPOINT IN PARADISE LLC 975 IMPERIAL GOLF COURSE BLVD NAPLES, FL 34110---1088 51585001188 U
NEEDLEPOINT IN PARADISE LLC 975 IMPERIAL GOLF COURSE BLVD NAPLES, FL 34110---1088 51585001201 U
NESLUSAN, FRANCIS E KATHERINE F NESLUSAN 178 WEBSTER ST PO BOX 1148 DOUGLAS, MA 01516---1148 75360120008 U
NNF/NORTH COLLIER FIRE RESCUE 1885 VETERANS PARK DR NAPLES, FL 34109---492 00155881103 U
O'TOOLE, THOMAS J 1033 MAIN ST DUBUQUE, IA 52001---4724 81930500165 U
PALL, STEPHEN & JANE M 1338 WEST LN NAPLES, FL 34110---6104 75460920001 U
POPPLEWELL, ELISABETH A 8700 SW 158TH STREET MIAMI, FL 33157---0 75310440000 U
QUINLAN, PHILIP 828 WIGGINS PASS RD #2 NAPLES, FL 34110---0 75310080004 U
RAJUPETH, GOPINATH 1 MILLER LN CHESWICK, PA 15024---2138 75360400003 U
ROLAND, RUSSEL ANTHONY 830 WIGGINS PASS RD #12 NAPLES, FL 34110---0 75360480007 U
ROYAL COVE PLAZA LLC 3471 BONITA BAY BLVD BONITA SPRINGS, FL 34134---4364 71271960005 U
ROYAL COVE PLAZA LLC 3471 BONITA BAY BLVD BONITA SPRINGS, FL 34134---4364 00154560001 U
SCALOGNA, GREGORY L 173 WILLOUGHBY DR NAPLES, FL 34110---0 75460240008 U
SIMUNOVICH, OLGA K & ROBERT J 187 MOUNTAIN AVE NORTH CALDWELL, NJ 07006---4005 75360280003 U
SISK, JENNIE 3440 CARTWRIGHT CT BONITA SPRINGS, FL 34134---0 75310400008 U
SISK, JENNIE LYNN 3440 CARTWRIGHT CT BONITA SPRINGS, FL 34134---0 75310360009 U
SMITH, THOMAS J 826 WIGGINS PASS RD #202 NAPLES, FL 34110---0 81930500026 U
TIARA INVESTMENT PROPERTIES LLC 801 LAUREL OAK DRIVE #705 NAPLES, FL 34108---0 75460520003 U
TIARA INVESTMENT PROPERTIES LLC 801 LAUREL OAK DRIVE #705 NAPLES, FL 34108---0 75460480004 U
TIARA REAL ESTATE CO LLC 801 LAUREL OAK DR SUITE 705 NAPLES, FL 34108---0 75460120005 U
TIARA REAL ESTATE CO LLC 801 LAUREL OAK DR #705 NAPLES, FL 34108---0 75460160007 U
TIARA REAL ESTATE CO LLC 801 LAUREL OAK DR #705 NAPLES, FL 34108---0 75460320009 U
TIARA REAL ESTATE CO LLC 801 LAUREL OAK DR STE 705 NAPLES, FL 34108---0 75460080006 U
TIARA REAL ESTATE CO LLC 801 LAUREL OAK DR STE 705 NAPLES, FL 34108---0 00155080001 U
TIARA REAL ESTATE CO LLC 801 LAUREL OAK DR STE 705 NAPLES, FL 34108---0 00155000007 U
TIARA REAL ESTATE CO LLC 801 LAUREL OAKS DR #705 NAPLES, FL 34108---0 00155040009 U
TIARA REAL ESTATE CO LLC 801 LAUREL OAKS DR #705 NAPLES, FL 34108---0 00155360006 U
UEDA, HIROKO 6017 PINE RIDGE RD #105 NAPLES, FL 34119---0 81930500042 U
WHITECAVAGE, JOSEPH AMY DAWN WRIGHT 828 WIGGINS PASS ROAD #8 NAPLES, FL 34110---6107 75310320007 U
YERF INCORPORATED 13000 TAMIAMI TRL N NAPLES, FL 34110---1615 51585000354 U
ZORRILLA, ANDRES 3600 NE 170TH ST APT 405 N MIAMI BEACH, FL 33160---3145 81930500288 U
REFERENCE ONLY IMPERIAL SQUARE SHOPPING CENTER A COMMERCIAL CONDO 51585000257 N
REFERENCE ONLY SUNNY TRAIL A CONDOMINIUM 75460600004 N
REFERENCE ONLY SUNNY TRAIL II A CONDOMINIUM 75460640006 N
REFERENCE ONLY WIGGINS PASS WEST CONDOMINIUM 75461080005 N
CARVALHO, EDUARDO ZENA FERNANDES 433 DUHAMEL LASALLE H8P 3S6 CANADA 75360640009 F
POList_500_PL20200002125 (1)
3.D.f
Packet Pg. 451 Attachment: Attachment E - NIM Documentation (20312 : PL20200002125 Germain Toyota PDI)
NEIGHBORHOOD INFORMATION MEETING
The public is invited to attend a neighborhood meeting held by Brian Kramer, of Germain Toyota,
representing Germain Toyota Used Vehicles on:
August 10th, 2021 at 5:30 p.m. at
Germain Toyota, 13315 N. Tamiami Trail, Naples
Subject Property: Germain Toyota, 13315 N. Tamiami Trail, south of Wiggins Pass Rd
The property owner is petitioning Collier County for an insubstantial change to the Germain
Toyota Commercial Planned Unit Development (CPUD) is to allow a second wall sign not to
exceed a total of 150 square feet where a sign was formerly located. This is a deviation from
Section 5.06.04.F.4 of the Land Development Code which permits only one wall sign on a single
occupancy parcel. The subject site is located 13303 and 13315 Tamiami Trail North south of
Wiggins Pass Road in Section 16, Township 48 South, Range 25 East, Collier County, Florida.
[PL20200002125]
WE VALUE YOUR INPUT
Business and property owners, residents and visitors are welcome to attend the presentation and
discuss the project with the owner/developer and Collier County staff. If you are unable to attend
this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail
by June 14, 2021 to:
Ross McArthur
924 Iron Horse Dr.
San Marcos CA 92078
760-274-4325
p2u@usa.com
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3.D.f
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3.D.gPacket Pg. 456Attachment: Affidavit of Sign posting (20312 : PL20200002125 Germain Toyota PDI)
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Packet Pg. 457 Attachment: Affidavit of Sign posting (20312 : PL20200002125 Germain Toyota PDI)
10/28/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.E
Item Summary: PETITION NO. VA-PL20210000098 - Request for a variance from Section
5.03.06.E.5 of the Land Development Code to reduce the required side yard/riparian setback for dock
facilities on lots with water frontage of 60 feet or greater from 15 feet to 5 feet for a lot with 113± feet of
water frontage located within the residential component of the Lely Barefoot Beach Planned Unit
Development, Ordinance No. 77-48, as amended, at 219 Malibu Cove and further described as Lot 19,
Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: John Kelly, Senior Planner] Commission District 2
Meeting Date: 10/28/2021
Prepared by:
Title: Planner – Zoning
Name: John Kelly
10/11/2021 7:47 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
10/11/2021 7:47 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 10/12/2021 2:26 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/12/2021 8:51 AM
Zoning Ray Bellows Review Item Completed 10/12/2021 10:17 AM
Zoning Mike Bosi Zoning Director Review Completed 10/12/2021 10:21 AM
Hearing Examiner Andrew Dickman Meeting Pending 10/28/2021 9:00 AM
3.E
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VA-PL20210000098; 219 Malibu Cv. - Fasching Page 1 of 6
October 19, 2021
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: OCTOBER 28, 2021
SUBJECT: VA-PL20210000098, 219 MALIBU COVE DOCK,
COMPANION TO BDE-PL20210000039
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Michael and Ellen Fasching Jeff Rogers
219 Malibu Cove Turrell, Hall & Associates, Inc.
Naples, FL 34140 3584 Exchange Ave.
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a variance from Section 5.03.06.E.5 of the Collier County Land
Development Code, to reduce the required side/riparian setback for dock facilities on lots with
water frontage of 60 feet or greater from 15 feet to 5 feet for a lot with 113± feet of water frontage,
for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 219 Malibu Cove, located at the southwest corner of San Mateo
Drive and Malibu Cove. Said property is identified as Lot 19, Southport on the Bay Unit One, in
Section 6, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the
following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within Tract H, a residential component, of the Lely Barefoot Beach
Planned Unit Development (PUD) and comprises 0.59± acres. The petitioner desires to replace an
existing dock with a new dock facility that has been designed to accommodate a larger 43-foot
vessel. As proposed, the new dock facility will encroach 10 feet into the otherwise required 15-
foot side/riparian setback on the east side. Dock protrusion is the subject of a companion Boat
Dock Extension petition, BDE-PL20210000039.
3.E.a
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October 19, 2021
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October 19, 2021
SURROUNDING LAND USE & ZONING:
North: San Mateo Drive (Right-of-Way) then a single-family residence located
within the Lely Barefoot Beach PUD
South: Little Hickory Bay located within the Lely Barefoot Beach PUD
East: Malibu Cove (Right-of-Way) then a single-family residence located within
the Lely Barefoot Beach PUD
West: A single-family residence located within the Lely Barefoot Beach PUD
Collier County GIS
3.E.a
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VA-PL20210000098; 219 Malibu Cv. - Fasching Page 4 of 6
October 19, 2021
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is in the Urban Designation, Urban Coastal Fringe Subdistrict, land use
classification on the County’s Future Land Use Map (FLUM). This land use category is designed
to accommodate a variety of residential uses including single-family, multi-family, duplex, mobile
home, and mixed-use projects. As previously noted, the subject petition seeks a variance for a
proposed single-family boat dock facility which is an authorized use within this land use
designation, therefore, the use is consistent with the FLUM. The GMP does not address individual
variance requests; the Plan deals with the larger issue of the actual land use.
ZONING ANALYSIS:
The Lely Barefoot Beach PUD requires that single-family dock facilities satisfy the requirements
contained in LDC Section 5.03.06. As per Section 5.03.06 E.5, all dock facilities on lots with water
frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided
in subsections 5.0306.E or 5.03.06.F or otherwise exempted. Staff has determined the subject boat
dock facility is not exempt and must therefore satisfy the 15-foot side/riparian setback requirement.
The petitioner is requesting to reduce the required side yard for dock facilities from 15 feet to 5
feet on the eastern side to allow the proposed dock to be constructed as proposed within the plans
contained within Attachment A.
The decision to grant a variance is based on the criteria in LDC Section 9.04.03.A–H (in bold font
below). Staff has analyzed this petition relative to these provisions and offers the following
responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes. The shape of the shoreline and existence of a Conservation Easement limit dock design
options as does the existence of neighboring dock facilities. The petitioner has designed the
proposed facility with all of the aforementioned circumstances considered, including the
desire not to impede the use of neighboring dock facilities.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which are the
subject of the Variance request?
Yes. As stated above, the property’s natural shoreline, shape of the shoreline, and
Conservation Easement necessitated the additional protrusion (Subject of companion BDE)
due to the pie-shaped riparian lines. The proposed dock has been designed to compensate for
the above and to accommodate the desired vessel size of 43 feet.
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?
The petitioner states: “Yes. The denial of this petition request would prevent the applicant
from being able to store their vessel on site along with any option for a second slip which is
3.E.a
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October 19, 2021
allowed from the Collier County LDC.”
Staff agrees that a literal interpretation of the Code would compel a smaller dock, thereby
creating practical difficulties for the applicant with respect to the docking of a 43-foot vessel.
d. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety, and welfare?
Yes. With exception to the decked over lift, there is no excess decking. As for the decked-
over lift, the applicant has explained that it is to be a platform for kayaks and paddleboards,
said lift is not the offending portion of the proposed dock with respect to the side/riparian
Variance request.
e. Will granting the Variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning
district?
Yes. By definition, a Variance bestows some dimensional relief from the zoning regulations
specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any
dimensional development standard. However, other properties facing a similar situation are
entitled to make a similar request and would be conferred equal consideration on a case-by-
case basis.
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 granting of the subject variance request will be in harmony with the general intent
and purpose of the LDC and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
Yes. The subject docking facility is uniquely situated and compensates for existing dock
facilities as well as an existing Conservation Easement.
h. Will granting the Variance be consistent with the Growth Management Plan?
Yes, approval of this Variance will not affect or change the requirements of the GMP with
respect to density, intensity, compatibility, access/connectivity, or any other applicable
provisions.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not normally hear variance petitions. Since the subject variance doesn’t impact any
3.E.a
Packet Pg. 463 Attachment: Staff Report 10192021 (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
VA-PL20210000098; 219 Malibu Cv. - Fasching Page 6 of 6
October 19, 2021
preserve area, the EAC did not hear this petition.
CONCURRENT LAND USE APPLICATIONS:
Companion Petition No. BDE-PL20210000039, to allow the proposed boat dock facility to
protrude a total of 63 feet into a waterway that is 325± feet wide.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve variance petition VA-
PL20210000098 to reduce the minimum east side/riparian setback from 15 feet to 5 feet, thereby
allowing for the construction of the dock facility depicted within Attachment A, for the benefit of
the subject property.
Attachments:
A) Proposed Dock Plans
B) Public Hearing Sign Posting
C) Applicant’s Backup: Application, Narrative, Agent Letter Info
D) HEX Hybrid Meeting Waiver
3.E.a
Packet Pg. 464 Attachment: Staff Report 10192021 (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.326106<> LONGITUDE:W -81.836992SITE ADDRESS:<> 219 MAILBU COVEBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg LOCATION MAP 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVELOCATION MAP48-------------------01 OF 03COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.E.bPacket Pg. 465Attachment: Attachment A - Proposed Dock Plans (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg 5/11/2021NESW0102040SCALE IN FEETLITTLE HICKORY BAYSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134MHWLPROPERTY BOUNDARYCONSERVATIONEASEMENT5'Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg PROPOSED DOCK 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ05-11-2120127.00-0625219 MALIBU COVEPROPOSED DOCK48-------------------02 OF 03·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'82482463'PROPOSEDDOCKRIPARIANLINERIPARIANLINE28'5'3.E.bPacket Pg. 466Attachment: Attachment A - Proposed Dock Plans (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg 5/11/2021NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg OVERALL SITE 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEOVERALL SITE48-------------------03 OF 03·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'82482463'LITTLE HICKORY BAYSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134PROPERTY BOUNDARYMALIBU COVE28'5'3.E.bPacket Pg. 467Attachment: Attachment A - Proposed Dock Plans (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
3.E.cPacket Pg. 468Attachment: Attachment B - Sign Posting (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
3.E.cPacket Pg. 469Attachment: Attachment B - Sign Posting (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
3.E.cPacket Pg. 470Attachment: Attachment B - Sign Posting (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
t/fr.?- z-ozto..Dooq{E*/.4 - z,/2 Aaue, ?o,z€
A. Backup provided by the County Ptanner
The agent is responsible for all required data included in the digital file of information for the Hearing Examiner
(Hex) or the collier county Planning commission (ccPc). Do Nor AccEpT DUpt-tcATEs oF ANy DocuMENTs. MAKE
SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PTEASE CONFIRM THE
DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPTICANT."
Planner ponsible for orovidi ns the Countv Atto rafted Ordina nce for PUDS and placing in backup
MAICTiAIS. AGENTS DO NOT INCTUDE THE PUD DOCUMENT - STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE lS DRAFTED FOR A PUD. THE FTNAL pUD ORDTNANCE/RESOLUTTON tS THE FTRST |TEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE
STAFF REPORTJ
B. Backup provided bv Applicant:
PTEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BEIOW. DO NOT PROVIDE DUPLICATES OF ANY
DOCUMENTS. PROVIDE ONLY THE TATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. IF THE
BACKUP PROVIDED 8Y APPLICANT lS lN D|SARRAY-MEAN|NG tT tS NOT tN THE pROpER ORDER AND/OR THE
APPTICANT PROVIDES MUTTIPTE DUPTICATES.THE APPTICANT COUI.D TOSE ITS HEARING DATE.
y' Application, to include but not limited to the following:
_lU_ Narrative of request
e- Property lnformation
v' prcperty Ownership Disclosure Form
/ Any other documents required by the specific petition type; such as a variance, a boat
dock extension; pUD amendment, rezone request, etc.
-
Disclosure of Property ownership lnterest (if there is additional documentation aside from
disclosure form)
_ Affidavit of Unified Controlr' Arridavt"ffplm
v' orawings (may incrude cross-section (for BDEs genera[y), proposed Boat Dock(s) with
Water depth, location maps etc.)
/ Nltrt lnformation (Sign in sheet, notes, minutesand transcript/or summary) bd-l L&k;
----r-int+uaeS thumbnail drives ofvideo and/or audio -a6<.rJ, +
_ Traffic lmpact study (Tls I ' u-tttt-
-
Environmentat Data
a'rt kl
_ Historical/Archeological Survey or Waiver
_ Utility Letter
// DeviationJustifications
Revased 5/18/2018 Provide to Agents G:\CDES Planning SeMes\Cunentvoning Staff lnformationvob Ajdes or Help Guides
HEARING PACKAGE CHECKLIST
3.E.d
Packet Pg. 471 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
v,tBoundary Survey
_ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any "private or legal" agreements affecting the pUD etc.
_ Submerged Resource Surveys may be included here if required.
y' llash drive with onty one pdl file tor all documents s9/=== ==- t 5'nza't
I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same
order for flash drive must contain the documents in one pdf file. lt is the agent's responsibility to ensure no documentation is left out.
Signature of Agent Representative Date
Printed Name of Signing Agent Representative
Revised 5/18/2018 Provide to ASents G:\CDB Planning ServiEs\Cunentvoning Staff tnformationvob Aijes or Help Guides
3.E.d
Packet Pg. 472 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
3.E.d
Packet Pg. 473 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
3.E.d
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3.E.d
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3.E.d
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3.E.d
Packet Pg. 477 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
3.E.d
Packet Pg. 478 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division
at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by
Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
TDR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
SURVEY (copy - needed only for unplatted properties)
CURRENT PROJECT NAME (if applicable)
Rev. 6/9/2017 Page 1 of 2
3.E.d
Packet Pg. 479 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Division.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
Rev. 6/9/2017 Page 2 of 2
74435002201
01/14/2021
3.E.d
Packet Pg. 480 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
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Packet Pg. 481 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
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3.E.d
Packet Pg. 483 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
TURRELL, HALL & ASSOCIATES, INC.
MARINE & ENVIRONMENTAL CONSULTING
3584 Exchange Avenue ● Naples, Florida 34104-3732 ● 239-643-0166 ● Fax (239) 643-6632 ●Jeff@THAnaples.com
1. A detailed explanation of the request including what structures are existing and what is
proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback
from 25 ft. to 18 ft.; when property owner purchased property; when existing principal
structure was built (include building permit number(s) if possible); why encroachment is
necessary; how existing encroachment came to be; etc.
The subject property currently contains a docking facility with one boatlift along the natural
mangrove shoreline. The proposed work will entail to remove the existing dock to then
construct a new docking facility with two boatlifts which will protrude 63-feet from the most
restrictive point (Mean High Water Line) out into a section of Little Hickory Bay. It will be
constructed perpendicular to the shoreline which is the common design footprint requiring
both a Collier County BDE and variance for side yard setback from Collier County.
This variance petition seeks to reduce the riparian line setback on the southeast side of the
proposed dock from the required 15-feet to 5-feet. The subject property is zoned PUD within
the Barefoot Beach residential community with a single-family residence currently under
construction on the uplands and per the Collier County LDC is allowed a docking facility but
requires 15-foot setbacks from both riparian lines. The shape of the subject property shoreline
and the fact it is a natural mangrove shoreline which cannot be removed or altered due to the
overlaid Conservation Easement are the driving factors for this variance request. The
applicant’s vessel, natural shoreline, shape of shoreline, associated riparian line locations
creating a pie shape buildable area requires the dock to protrude further out into the subject
waterway. That is why the subject dock does not meet the required side yard setback on the
southeast side but does on the northwest side.
Additionally, we have looked at alternative dock designs that would not require a side yard
setback variance but due to the existing adjacent dock and the proposed dock at 226 Malibu
Cove no other alternative design would avoid interfering with their and our ingress/egress to
the proposed dock and associated boat slip.
2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site
alterations, including any dredging and filling.
The proposed structure will traverse through the natural mangrove shoreline which is also a
Conservation Easement that allows for dock access. As proposed the access walkway will
utilize the existing dock’s access limiting any mangrove impacts as the overall access width will
be 4-feet wide which is what is allowed and matches the existing footprint. No dredging is
proposed therefore the project will otherwise not alter the site in any way.
3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the
Hearing Examiner, and the Hearing Examiner shall be guided in the determination to
approve or deny a variance petition by the criteria (a-h) listed below. Please address the
following criteria:
3.E.d
Packet Pg. 484 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
a) Are there special conditions and circumstances existing which are peculiar to the
location, size and characteristics of the land, structure, or building involved.
The shape of the subject property shoreline as well as the Conservation Easement along the
shoreline limit design options available to alter the dock footprint. Additionally, the existing
adjacent dock to the northwest as well as the proposed dock to our southeast also limit the
direction of which the applicant’s vessel can access the slip without causing any potential
ingress/egress navigational issues for the applicant or adjacent property owners.
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.
As stated above, the property’s natural shoreline, shape of shoreline, and Conservation
Easement on the shoreline requires additional protrusion due to the pie shape riparian lines.
Due to these factors and the applicant’s vessel size are the special conditions driving this side
yard setback variance request.
c) Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties on the applicant.
Yes. The denial of this petition request would prevent the applicant from being able to store
their vessel on site along with any option for a second slip which is allowed from the Collier
County LDC.
d) Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety, or welfare.
Yes. The proposed docking facility has been reduced to the minimum size and still provide safe
access. Also, the proposed docking facility is consistent with the other docking facilities along
this shoreline as well as within Little Hickory Bay that have been previously granted BDE’s and
some side yard setback variances.
e) Will granting the variance requested confer on the petitioner any special privilege
that is denied by these zoning regulations to other lands, buildings, or structures in
the same zoning district.
No. Several of the neighboring lots already contain similar docking facilities that also required a
BDE and setback variances.
f) Will granting the variance be in harmony with the intent and purpose of this zoning
code, and not be injurious to the neighborhood, or otherwise detrimental to the
public welfare.
3.E.d
Packet Pg. 485 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
The variance is for a single-family docking facility that will not affect the functionality of any
surrounding lots but allow this property to be consistent with the others along the same subject
shoreline.
g) Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf course, etc.
The variance will allow the construction of a private single-family docking facility, which will
increase the recreational value of the property and the Little Hickory Bay area.
h) Will granting the variance be consistent with the Growth Management Plan?
Yes. Besides the dock’s side setbacks and protrusion, all other design criteria will be met.
3.E.d
Packet Pg. 486 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
TURRELL, HALL & ASSOCIATES, INC.
Marine & Environmental Consulting
3584 Exchange Avenue ● Naples, Florida 34104-3732 ● 239-643-0166 ● Fax (239) 643-6632 ● tuna@thanaples.com
May 14, 2021
Collier County Growth Management
Zoning Division
2800 N Horseshoe Dr.
Naples, FL 34104
RE: PL20210000098 - Cover letter/Narrative
219 Malibu Cove (VA)
To Whom It May Concern,
Please find attached a request for a variance for a proposed single-family docking facility
located at 219 Malibu Cove, Bonita Springs, Florida 34134. The property is located on the south
side of Malibu Cove and backs up on Little Hickory Bay. The subject property is located within
Section 06, Township 48 S, and Range 25 E in Collier County and can be identified by folio
#74435002201.
The proposed project scope consists of removing the existing docking facility to then construct a
new fixed dock with two boatlifts. The proposed dock will utilize the existing access walkway
location in order to minimize any additional mangrove impacts other than trimming some
lateral branches. As proposed the dock will protrude approximately 63-feet from the MHWL
into a waterway that is approximately 325-feet wide. The proposed dock will provide a 28-foot
setback off the western riparian line and only a 5-foot setback from the southeastern riparian
line. The required side yard setbacks with Collier County are 15-feet which the proposed
project meets on the one side but able to southeast side. Therefore, a request for a variance from
the LDC Section 5.03.06.E.5 to reduce the side yard setback requirement from 15-feet to 5-feet
for the proposed docking facility located at Lot 19, Southport on the Bay, Unit One subdivision,
also known as 519 Malibu Cove in Section 06, Township 48E, and Range 25S in Collier County,
Florida.
The shape of the subject property shoreline and the fact it is a natural mangrove shoreline which
cannot be removed or altered due to the overlaid Conservation Easement are the driving factors for
this variance request. The applicant’s vessel, natural shoreline, shape of shoreline, associated
riparian line locations creating a pie shape buildable area requires the dock to protrude further out
into the subject waterway. That is why the subject dock does not meet the required side yard
setback on the southeast side but does on the northwest side.
Please see uploaded documents for additional information and measurements. If you have any
questions, please contact me via email (jeff@thanaples.com) or at the office number in the
letterhead.
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Packet Pg. 491 Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.326106<> LONGITUDE:W -81.836992SITE ADDRESS:<> 219 MAILBU COVEBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg LOCATION MAP 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVELOCATION MAP48-------------------01 OF 03COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.E.dPacket Pg. 492Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg 5/11/2021NESW0102040SCALE IN FEETLITTLE HICKORY BAYSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134MHWLPROPERTY BOUNDARYCONSERVATIONEASEMENT5'Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg PROPOSED DOCK 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ05-11-2120127.00-0625219 MALIBU COVEPROPOSED DOCK48-------------------02 OF 03·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'82482463'PROPOSEDDOCKRIPARIANLINERIPARIANLINE28'5'3.E.dPacket Pg. 493Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg 5/11/2021NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-VARIANCE.dwg OVERALL SITE 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEOVERALL SITE48-------------------03 OF 03·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'82482463'LITTLE HICKORY BAYSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134PROPERTY BOUNDARYMALIBU COVE28'5'3.E.dPacket Pg. 494Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
Notification of Variance
to Property Owners and Associations within 150 feet
Turrell, Hall & Associates, Inc.
3584 Exchange Ave. Suite B
Naples, FL 34104
Office: 239 643-0166
7.13.21
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a
variance, PL20210000098, from the requirements of the zoning regulations as they apply
to the following described property:
Lot 19, Southport on the Bay, Unit 1 in Section 6, Township 48
South, Range 25, Collier County, Florida
AKA: 219 Malibu Cove, Folio: 74435002201
It is our intent to ask the County to allow us to reduce the minimum side yard setback
from the southeast riparian line from 15 feet to 5 feet to accommodate the proposed
docking facility and associated boatlifts. If you have any questions or concerns, please feel
free to contact Jeff Rogers using the contact information listed below.
Regards,
Jeff Rogers
Project Manager
Turrell, Hall & Associates, Inc.
Jeff@thanaples.com
3.E.d
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1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE
ANZIVINO, RALPH & MARY JO 210 SAN MATEO DR BONITA SPRINGS, FL 34134---8537 74435002900 U
CAULEY, PATRICK C & SUSAN J 64 SOUTHPORT CV BONITA SPRINGS, FL 34134---8542 74435002104 U
DAVIS, DAN 2445 BROWN RD ORION, MI 48359---0 74435002308 U
EBOY PROPERTIES LLC 9975 PALMARROSA WAY FT MYERS, NJ 33919---0 74435004209 U
FASCHING, ELLEN & MICHAEL 219 MALIBU COVE BONITA SPRINGS, FL 34134---0 74435002201 U
GRUP, GARY & CATHY 66 SOUTHPORT CV BONITA SPRINGS, FL 34134---8542 74435002007 U
JONES, DALE W & HARRIET D 220 MALIBU CV BONITA SPRINGS, FL 34134---8536 74435002609 U
JOSE C ROCHA TRUST CAROL L ROCHA TRUST 215 SAN MATEO DRIVE BONITA SPRINGS, FL 34134---8538 74435004403 U
MARISELA ROQUE CEPERO TRUST 4107 CAUSEWAY VISTA DR TAMPA, FL 33615---0 74435004306 U
MCCOY, THOMAS A & LIGIA YVETTE 218 MALIBU COVE BONITA SPRINGS, FL 34134---0 74435002706 U
MECKSTROTH, STEVEN A 212 SAN MATEO DR BONITA SPRINGS, FL 34134---8537 74435002803 U
POLYANSKY, DAVID & KIRSTEN 3748 WROXTON RD HOUSTON, TX 77005---0 74435001901 U
SOUTHPORT ON THE BAY PROPERTY OWNERS' ASSN INC % SANDCASTLE COMM MGMT 9150 GALLERIA CT #201 NAPLES, FL 34109---0 74435009505 U
SOUTHPORT ON THE BAY PROPERTY OWNERS' ASSN INC % SANDCASTLE COMM MGMT 9150 GALLERIA CT #201 NAPLES, FL 34109---0 74435009602 U
SUREINVEST CORP 222 MALIBU CV BONITA SPRINGS, FL 34134---8536 74435002502 U
ZWICKER, WILLIAM J & ROSANNE M 209 SAN MATEO DR BONITA SPRINGS, FL 34134---8538 74435004102 U
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA
provided data. The recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20210000098 | Buffer: 150' | Date: 7/9/2021 | Site Location: 74435002201
POList_150_PL20210000098
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3.E.dPacket Pg. 498Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
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3.E.dPacket Pg. 500Attachment: Attachment C - Backup Package (20338 : PL20210000098 VA 219 Malibu Cove Fasching)
3.E.e
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10/28/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.F
Item Summary: PETITION NO. BDE-PL20210000039 - Request for a 43-foot boat dock
extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier
County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 63
feet into a waterway that is 325± feet wide, to accommodate a new docking facility with two boat lifts,
one for a 43-foot vessel and the other to be decked over to be used for kayak and paddleboard access, for
property located at 219 Malibu Cove and further described as Lot 19, Southport on the Bay Unit 1, in
Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior
Planner] Commission District 2
Meeting Date: 10/28/2021
Prepared by:
Title: Planner – Zoning
Name: John Kelly
10/11/2021 7:45 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
10/11/2021 7:45 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 10/12/2021 2:29 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/12/2021 8:50 AM
Zoning Ray Bellows Review Item Completed 10/12/2021 1:46 PM
Zoning Mike Bosi Zoning Director Review Completed 10/14/2021 8:39 AM
Hearing Examiner Andrew Dickman Meeting Pending 10/28/2021 9:00 AM
3.F
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BDE-PL20210000039; 219 Malibu Cv. - Fasching Page 1 of 8
October 8, 2021
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: OCTOBER 28, 2021
SUBJECT: BDE-PL20210000039, 219 MALIBU COVE DOCK,
COMPANION TO VA-PL20210000098
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Michael and Ellen Fasching Jeff Rogers
219 Malibu Cove Turrell, Hall & Associates, Inc.
Naples, FL 34140 3584 Exchange Ave.
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a 43-foot boat dock extension over the maximum permitted protrusion of
20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways
greater than 100 feet in width, for a total protrusion of 63 feet into a waterway that is 325± feet
wide, for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 219 Malibu Cove, located at the southwest corner of San Mateo
Drive and Malibu Cove. Said property is identified as Lot 19, Southport on the Bay Unit One, in
Section 6, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the
following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within Tract H, a residential component, of the Lely Barefoot Beach
Planned Unit Development (PUD) and comprises 0.59± acres. The petitioner desires to replace an
existing dock with a new dock facility with two boat lifts, one for a 43-foot vessel and the other to
be decked over to be used for kayak and paddleboard access. The proposed dock facility will
protrude 63 feet from the Mean High Water Line (MHWL) which also serves as the platted
(Continued on Page 3)
3.F.a
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October 8, 2021
PURPOSE/DESCRIPTION OF PROJECT (Continued from Page 1):
property line. This BDE is being requested to accommodate a larger vessel, a natural mangrove
shoreline, and a Conservation Easement for which the Conservancy of Southwest Florida has
provided a letter of no objection. As proposed, the new dock facility will also encroach 10 feet
into the required 15-foott side/riparian setback which is the subject of a companion Variance
request.
SURROUNDING LAND USE & ZONING:
North: San Mateo Drive (Right-of-Way) then a single-family residence located
within the Lely Barefoot Beach PUD
South: Little Hickory Bay located within the Lely Barefoot Beach PUD
East: Malibu Cove (Right-of-Way) then a single-family residence located within
the Lely Barefoot Beach PUD
West: A single-family residence located within the Lely Barefoot Beach PUD
Collier County GIS
3.F.a
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October 8, 2021
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The shoreline for this property contains mangroves. The proposed dock modifications
will be constructed waterward through the mangrove fringe. The access walkway will be 4 feet
wide and constructed within the footprint of the existing dock. Any additional impacts to
mangroves will require written approval from Florida Department of Environmental Protection
(DEP). A submerged resources survey provided by the applicant found no submerged resources in
the area 200 feet beyond the proposed docking facility. Exhibit sheet page 5 of 8 provides an aerial
with a note stating that no seagrasses were observed within 200 feet. The property contains a
conservation easement just landward of mean high-water line (OR Book 1756 PG 1358). A site
visit revealed a portion of the conservation easement has been impacted; therefore, the applicant
has provided a restoration plan to restore the area with native plant species. This project does not
require an Environmental Advisory Council Board (EAC) review, because this project did not
meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII,
Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more than
two slips; typical multi-family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The subject property is improved with a single-family residence, allowing
for up to two boat slips, and is on an irregularly shaped lot with 113± feet of water frontage
within a residential component of a PUD. The petitioner desires to remove the existing
single-slip dock thereby allowing for its replacement with a two-slip dock facility; one slip
for a 43-foot vessel and the other to be decked over for kayak and paddle board access.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner’s application is unable to
launch or moor at mean low tide (MLT). (The petitioner’s application and survey
should establish that the water depth is too shallow to allow launching and mooring
of the vessel(s) described without an extension.)
3.F.a
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Criterion met. The applicant states that this BDE request is based on the existing shoreline
conditions which consist of a shallow natural mangrove shoreline. The mangrove shoreline
is also a Conservation Easement that any proposed docking facility is required to extend
out beyond to ensure the shoreline remains in its natural state. Limited lateral branches will
be trimmed to install the dock access but is within the footprint of the existing walkway.
The proposed vessel is relatively large and is the driving factor in this BDE request but due
to the natural mangrove shoreline and shallow depths along the mangrove fringe requires
the dock footprint be pushed further out into the subject waterway. As designed the dock
is consistent with all the other docks previously approved within the Little Hickory Bay.
Staff finds the applicant’s argument to be compelling and concurs.
3. Whether the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
Criterion met. The applicant states the proposed dock facility is at the terminus end of the
bay with little to no navigation within other than for neighboring properties. Additionally,
the overall protrusion has been reduced to the extent possible for the vessel to reach
adequate water depths to avoid dredging and impacts to the natural mangrove shoreline.
Staff agrees with all statements other than those of water depth; water depth is not a factor
pertaining to this criterion.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether a minimum of 50 percent of the waterway width
between dock facilities on either side is maintained for navigability. (The facility
should maintain the required percentages.)
Criterion met. The applicable waterway is 325± feet wide as measures from MHWL to
MHWL, the requested protrusion is 63 feet; therefore, the proposed dock facility will
occupy 19.38 percent of the width of said waterway. Given that the subject dock facility is
located within a basin it is difficult to say just how much room for navigability exists;
however, given that natural portions of the bay are far more restrictive, staff is comfortable
stating that the intent of this challenge is satisfied. Refer to Width of Waterway Plan in
Attachment A.
5. Whether the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
Criterion met. As depicted upon the Proposed Dock Plan, See Attachment A, the proposed
dock facility provides adequate setbacks from both neighboring dock facilities; therefore,
it will not interfere with the use of said docks. The natural mangrove shoreline provides for
a visual buffer of the waterway and serves to ameliorate any views that might otherwise be
impacted.
3.F.a
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October 8, 2021
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met. The applicant states the following: “The subject property has two special
conditions that are contributing to this BDE request other than the owner’s vessel and
shallow water depths. The first condition is the natural mangrove shoreline that cannot be
impacted or removed due to it being recorded as a Conservation Easement which requires
us to design the dock on the waterward side of the mangrove fringe. The second condition
is the subject property’s shape of shoreline that will only allow the proposed dock to be
placed just about in the same location of the existing docking facility due to the adjacent
existing and proposed docks. Rotating the direction of the proposed dock would create
potential ingress/egress issues with the adjacent neighboring dock to the west.” With
exception to water depth, sufficient justification has been provided for Staff to concur;
water depth is not a factor of this criterion.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
area not directly related to these functions. (The facility should not use excessive deck
area.
Criterion met. Most of the proposed dock facility is comprised of a U-shaped dock with 4-
foot finger docks on either side of the primary lift. The second lift, to be decked over for
kayak and paddleboard access has no finger pier on the outer portion but has a 10-foot area
to the front. It is staff’s opinion there is minimal extra decking and that the finger docks
are of the minimum width needed for safe operations.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion met. The subject property has 113± feet of water frontage and the primary vessel
to be docked is 43 feet which is 38.05 percent of the waterfront. Kayaks and paddleboards
are non-motorized and should not be included as part of this calculation.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
3.F.a
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Criterion met. The proposed dock has been designed within the designated riparian lines
and is consistent with the existing docks along the subject shoreline. Additionally, the
natural mangrove shoreline serves as a visual buffer of the waterway.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06.J of the LDC must be
demonstrated.)
Criterion met. The submerged resources survey provided indicates that no seagrass beds
exists within 200-feet of the proposed dock. No seagrass beds will be impacted by the
proposed dock facility.
6. Whether the proposed dock facility is subject to the manatee protection requirements
of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.
Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do
not apply to individual docks behind individual residences.
Staff analysis finds this request complies with five of the five of the primary criteria and five of
the six secondary criteria with the sixth criterion being not applicable.
CONCURRENT LAND USE APPLICATIONS:
Companion Petition No. VA-PL20210000098 for dock side/riparian setback reduction.
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner may appeal such final action to the Board of County Commissioners. Such
appeal shall be filed with the Growth Management Department Administrator within 30 days of
the Decision by the Hearing Examiner. In the event that the petition has been approved by the
Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her
own risk during this 30-day period. Any construction work completed ahead of the approval
authorization shall be at their own risk.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition
BDE-PL20200001723, to allow for the construction of the proposed dock facility as depicted
within the plans contained in Attachment A, with the following conditions:
1. Companion Petition No. VA-PL20210000098 must be approved for the subject dock
facility to be constructed within the setbacks provided herein; absent such approval, this
BDE is rendered null and void.
3.F.a
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October 8, 2021
2. The restoration plantings described within the attached Restoration Plan (Attachment C)
must be installed and inspected prior to the issuance of a Certificate of Completion for the
subject boat dock facility.
3. A Building Permit must be issued for a principal structure on the subject property prior to
issuance of a Building Permit for an accessory structure; to Wit: The Proposed Dock
Facility.
4. A Certificate of Occupancy must be issued for a principal structure at this location prior to
the issuance of an accessory structure; to Wit: the Proposed Dock Facility.
Attachments:
A) Proposed Dock Plans
B) Boundary and Topographic Survey
C) Restoration Plan
D) Public Hearing Sign Posting
E) Applicant’s Backup, application and supporting documents
F) Hybrid Meeting Waiver
3.F.a
Packet Pg. 510 Attachment: Staff Report 10082021 (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.326106<> LONGITUDE:W -81.836992SITE ADDRESS:<> 219 MAILBU COVEBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg LOCATION MAP 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVELOCATION MAP48-------------------01 OF 08COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.F.bPacket Pg. 511Attachment: Attachment A - Proposed Dock Plans (20337 : PL20210000039 BDE 219 Malibu Cove
NESW0102040SCALE IN FEETSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg EXISTING AERIAL 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEEXISTING AERIAL48-------------------02 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'RIPARIANLINERIPARIANLINEMHWLPROPERTY BOUNDARYCONSERVATIONEASEMENTEXISTINGDOCK28'19'3.F.bPacket Pg. 512Attachment: Attachment A - Proposed Dock Plans (20337 : PL20210000039 BDE 219 Malibu Cove
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg PROPOSED DOCK 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEPROPOSED DOCK48-------------------03 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'82482463'LITTLE HICKORY BAYPROPOSEDDOCK4'13.8'22.5'10'RIPARIANLINERIPARIANLINE49'10.1'39'
16'4'4'SITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134PLATFORMBOAT LIFTMHWLPROPERTY BOUNDARYCONSERVATIONEASEMENT20'
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43'15.7'AA0414'11'5'28'3.F.bPacket Pg. 513Attachment: Attachment A - Proposed Dock Plans (20337 : PL20210000039 BDE 219 Malibu Cove
051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg SECTION AA 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVESECTION AA48-------------------04 OF 08CROSS SECTION AA WITH BOATSCALE: 1" = 10'65.5'16'BOATLIFTMHWL= +0.01' (NAVD)MLWL= -O.55' (NAVD)PROPOSED DOCKALL WOOD PILESTO BE WRAPPEDFROM 12" ABOVEMHWL TO 6"BELOWSUBSTRATE63' TOTAL PROTRUSION FROM MHWL3.F.bPacket Pg. 514Attachment: Attachment A - Proposed Dock Plans (20337 : PL20210000039 BDE 219 Malibu Cove
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW02550100SCALE IN FEETLITTLE HICKORY BAYSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg SUBMERGED RESOURCE SURVEY 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVESUBMERGED RESOURCE SURVEY48-------------------05 OF 08TYPICAL DIVE TRANSECT10'NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECTPROPERTYBOUNDARY200'200'3.F.bPacket Pg. 515Attachment: Attachment A - Proposed Dock Plans (20337 : PL20210000039 BDE 219 Malibu Cove
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW050100200SCALE IN FEETLITTLE HICKORY BAYMALIBU COVE SITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg ADJACENT DOCKS 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEADJACENT DOCKS48-------------------06 OF 0746'39'44'39'28'29'63'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.3.F.bPacket Pg. 516Attachment: Attachment A - Proposed Dock Plans (20337 : PL20210000039 BDE 219 Malibu Cove
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW050100200SCALE IN FEETLITTLE HICKORY BAYMALIBU COVE SITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg WIDTH OF WATERWAY 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEWIDTH OF WATERWAY48-------------------07 OF 07325'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.264'3.F.bPacket Pg. 517Attachment: Attachment A - Proposed Dock Plans (20337 : PL20210000039 BDE 219 Malibu Cove
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW0102040SCALE IN FEETLITTLE HICKORY BAYSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134MHWLPROPERTY BOUNDARY(12) BUTTONWOODSTO BE PLANTED INCONSERVATIONEASEMENTTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg PLANTING PLAN 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ05-11-2120127.00-0625219 MALIBU COVEPLANTING PLAN48-------------------08 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'82482463'PROPOSEDDOCKRIPARIANLINERIPARIANLINE2
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'37'15'11'12'33'3.F.bPacket Pg. 518Attachment: Attachment A - Proposed Dock Plans (20337 : PL20210000039 BDE 219 Malibu Cove
3.F.cPacket Pg. 519Attachment: Attachment B - Boundary and Topographic Survey (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
1
RESTORATION PLAN
219 Malibu Cove
Folio ID #74435002201
S 06 / T 48S / R 25, Collier County, FL
I. INTRODUCTION
Collier County Environmental staff are currently reviewing an application for a
single-family residential docking facility located at 219 Malibu Cove. The
County’s review determined that the existing Conservation Easement (CE) area
along the property shoreline will require some restoration plantings due to open
areas that have historically been impacted with fill and/or cleared allowing sod to
grow. This work within the easement area was not authorized therefore Collier
County staff is requiring that the CE area be restored to its natural condition by
removing any fill placed within and planting the area with native trees, shrubs,
and groundcover.
The property is identified on the property appraiser’s website as 74435002201,
which is approximately 0.59-acre lot situated within Section 06, Township 48
South, and Range 25 East, Collier County, Florida.
This document outlines the restoration plan for the onsite Conservation Easement
area.
II. EXISTING CONDITIONS: HABITAT & SOIL DESCRIPTIONS
The subject site consists of 0.59 acre dedicated to a single-family residential
dwelling with a conservation easement area along the entire shoreline. The
conservation easement area was historically impacted by minor clearing of
vegetation and the placement of fill material outside the authorized area. The
conservation easement area will have to be restored as required by Collier County
Environmental Staff.
Existing soil is fill which was placed on the property at the beginning of the
residential construction. Any additional fill will be removed from the easement
area as part of this restoration plan.
III. PROPOSED PLANTINGS / RESTORATION
The owner is being required to restore the conservation easement area by
removing any fill that was placed there to create a consistent slope, from the
remaining upland area to the existing natural shoreline elevation and planting
native vegetation. This will allow for a very gradual slope and once the fill is
removed the proposed plantings outlined below will be installed throughout the
area.
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2
The proposed plantings shall include a minimum of 12 midstory trees on 8’
centers consisting of just buttonwood trees due to the location of the plantings vs
the location of the MHWL. The groundcover will consist of 30 plants on 3’
centers in and around the proposed buttonwoods including sea oxeye and bay
cedar. All species listed should be utilized in even amounts if possible, but exact
species numbers could be based on supply availability. Planting specifics are
outlined below.
Midstory plants: Number of Trees = 12
Buttonwood (Conocarpus erectus) 12
All midstory plantings will be installed on 20ft. centers with a minimum 3-5
gallon pot containers.
Groundcover plants: Number of Plants = 30
Sea Oxeye (Borrichia frutescens) 15
Bay Cedar (Suriana maritima) 15
All groundcover plantings will be installed on 3ft. centers with a minimum 1
gallon pot containers.
Irrigation maybe required for the top half of the easement area due to the distance
from the ground water table to help ensure the plantings survival. For the lower
half of the easement no irrigation is proposed due to the final elevations of this
portion of the conservation easement being closer to the tidal water table which
should help keep the plantings hydrated naturally.
IV. CREDENTIALS
Jeff Rogers
Project Manager for Turrell, Hall & Associates since 2005
B.S. Degree in Environmental Science, Rollins College
Sustainable Development Course-Galapagos Islands, Equador
Completed Southwest Florida Association of Environmental Professionals
Wetland Delineation Training Course-2006
Florida Department of Environmental Protection Environmental Resource Permit
Course-2006
Completed a FAEP Plant ID Class with Dr. Hall from the University of Florida-
2006
Primary career focus: Permit Compliance Mitigation and Monitoring
3.F.d
Packet Pg. 521 Attachment: Attachment C - Restoration Plan (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
3.F.ePacket Pg. 522Attachment: Attachment D - Sign Posting (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
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3.F.e
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B>8, Q- zazt o1>ocx>31
Fas,o-n,^x, - zt? mouBv (
A. Backup provided by the County Planner
The agent is responsible for all required data included in the digital file of information for the Hearing Examiner
(Hexlorthe CollierCounty Planning Commission (CCPC). DO NOTACCEPT DUPLTCATES OF ANy DOCUMENTS. MAKE
SURE ONTY THE LATE5T, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE
DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT."
Planner res ible for orovidine the ntv Attornev-drafted Ordi nce for PUDS and placing in backup
materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT -STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAT PUD ORDINANCE/RE5OTUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE
STAFF REPORTI
B. Backup provided bv Applicant:
PTEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BETOW. DO NOT PROVIDE DUPTICATES OF ANY
DOCUMENTS. PROVIDE ONTY THE I.ATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT lS lN DISARRAY-MEAN|NG tT tS NOT tN THE pROpER ORDER AND/OR THE
APPTICANT PROVIDES MUtTIPtE DUPTICATES-THE APPTICANT COUTD LOSE ITS HEARING DATE.
p' Application, to include but not limited to the following:
_-lZ_ Narrative of request
.,' Property lnformation
e,/ Property Ownership Disclosure Form
r,. Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
-
Disclosure of Property Ownership lnterest (if there is additional documentation aside from
disclosure form)
_ Affidavit of Unified Control
Oeitoa-zatp),z' Affidavit of aep+esentation
!-- Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
_ NIM lnformation (Sign in sheet, notes, minutes and transcript/or summary)
/ lnclude 3 thumbnail drives of video and/or audio
_ Traffic lmpact Study (TlS)
_ Environmental Data
_ Historical/Archeological Survey or Waiver
Utility Letter
Deviation Justifications
Revised 5/18/2018 Provide to Agents G:\CDES Planning SeMces\Cr.rnentvonir8 Staff lnfomationlob Aides or Help Guides
HEARING PACKAGE CHECKLIST
3.F.f
Packet Pg. 525 Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
__<_ Boundary Survey
.,'- Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any "private or legal" agreements affecting the pUD etc.
/ Submerged Resource Surveys may be included here if required.
/ llash drive with only one pdl fj!_e for all documents * €./.,r,tu- 6'5
I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same
order for flash drive must contain the documents in one pdf file. lt is the agent's responsibility to ensure no documentation is left out.
Signature of Agent Representative Date
Printed Name of Signing Agent Representative
Revised 5/18/2018 Provide to Agents 6:\CDES Planning SeMces\Cunentvoning Staff tnfonrEtionvob Ailes or Help Guiles
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Packet Pg. 526 Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
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PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing
Examiner will utilize the following criteria as a guide in the decision to approve or deny a
particular Dock Extension request. In order for the Hearing Examiner to approve the
request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the
6 secondary criteria, must be met. On separate sheets, please provide a narrative response
to the listed criteria and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use, and zoning of the subject
property; consideration should be made of property on unbridged barrier islands, where
vessels are the primary means of transportation to and from the property. (The number
should be appropriate; typical, single-family use should be no more than two slips;
typical multi-family use should be one slip per dwelling unit; in the case of unbridged
barrier island docks, additional slips may be appropriate.)
The subject property is zoned as a single-family residential property which
warrants no more than 2 slips per the CC-LDC. The proposed project consists of
removing the existing dock to then construct a new dock with two boatlifts to
accommodate a 43-foot vessel and the additional decked over boatlift for kayak and
paddle board access. The proposed dock will extend out 63-feet from the mean
high-water line and therefore we are requesting a 43-foot boat dock extension from
the allowed 20-feet.
Criterion Met
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the
general length, type, and draft as that described in the petitioner’s application is unable to
launch or moor at mean low tide (MLT). (The petitioner’s application and survey should
show that the water depth is too shallow to allow launch and mooring of the vessel (s)
described without an extension.)
The reason for this BDE request is based on the existing shoreline conditions which
consist of a shallow natural mangrove shoreline. The mangrove shoreline is also a
Conservation Easement that any proposed docking facility is required to extend out
beyond to ensure the shoreline remains in its natural state. Limited lateral branches
will be trimmed to install the dock access but is within the footprint of the existing
walkway.
The proposed vessel is relatively large and is a driving factor in this BDE request
but due to the natural mangrove shoreline and shallow depths along the mangrove
fringe requires us to push the dock footprint further out into the subject waterway.
As designed the dock is consistent with all the other docks previously approved
within Little Hickory Bay.
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Criterion Met
3. Whether or not the proposed dock facility may have an adverse impact on navigation
within an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
The proposed docking facility design is consistent with the other docks along the
subject shoreline. As proposed the dock and boatlifts will not impact navigation as
subject property and dock are located at the terminus end of the bay with little to no
navigation within other than for the adjacent properties.
The overall protrusion has been reduced to the fully extent possible for the
applicant’s vessel to reach adequate water depths to avoid dredging as well as avoid
impacts to the natural mangrove shoreline.
Criterion Met
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether or not a minimum of 50 percent of the waterway width
between dock facilities on either side of the waterway is maintained for navigability. (The
facility should maintain the required percentages.)
The approximate waterway width is 325-feet wide from mean high water line to
mean high water line. The proposed dock protrusion is 63-feet from the MHWL
which is under 20% width of the waterway.
Criterion Met
5. Whether or not the proposed location and design of the dock facility is such that the
facility would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
The proposed docking facility provides adequate setbacks from both adjacent
docking facilities. Due to the existing dock on-site and the natural mangrove
shoreline providing a visual buffer of the waterway no neighboring views or access
will be negatively impacted. Also, docks are a common accessory structure to most
properties in this area as this is a boating residential community.
Criterion Met
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SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the
subject property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
The subject property has two special conditions that are contributing to this BDE
request other than the owner’s vessel and shallow water depths. The first condition
is the natural mangrove shoreline that cannot be impacted or removed due to it
being recorded as a Conservation Easement which requires us to design the dock on
the waterward side of the mangrove fringe. The second condition is the subject
property’s shape of shoreline that will only allow the proposed dock to be placed
just about in the same location of the existing docking facility due to the adjacent
existing and proposed docks. Rotating the direction of the proposed dock would
create potential ingress/egress issues with the adjacent neighboring dock to west.
These factors along with the applicant’s vessel size were taken into consideration
when working on the proposed dock design.
Criterion Met
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
The proposed docking facility provides two 4-feet wide finger docks on both sides of
the proposed larger vessel boatlift creating a U-shaped dock. This design provides
plenty of area for access to the vessel and room for routine maintenance activities.
Additionally, the proposed deck area in front of the decked over boatlift provides
storage area over the shallow water depths for recreational equipment like kayaks,
paddleboards and dock boxes which are all typical items stored on docks.
Criterion Met
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in
combination, described by the petitioner exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be maintained.)
The proposed vessels size to be kept on-site is 43-feet length over all which exceeds
50% of the subject property shoreline length. Therefore, this criterion is not met.
4. Whether or not the proposed facility would have a major impact on the waterfront view
of neighboring waterfront property owners. (The facility should not have a major impact
on the view of either property owner.)
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As proposed the dock has been designed within the designated riparian lines which
is also consistent with all the other existing docks along the subject shoreline.
Additionally, the natural mangrove shoreline provides a visual buffer of the
waterway therefore no neighboring views or access will be negatively impacted.
Also, docks are a common accessory structure to most properties in this area as this
is a boating residential community.
Criterion Met
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If
seagrass beds are present, compliance with LDC subsection 5.03.06 I must be
demonstrated.)
There are no seagrass beds present on the property nor the neighboring properties
within 200’ of the existing dock structure.
Criterion Met
6. Whether or not the proposed dock facility is subject to the manatee protection
requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection
5.03.06.E.11 must be demonstrated.)
The proposed work is for a single-family docking facility and therefore not subject
to Manatee Protection Requirements.
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STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.326106<> LONGITUDE:W -81.836992SITE ADDRESS:<> 219 MAILBU COVEBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg LOCATION MAP 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVELOCATION MAP48-------------------01 OF 08COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.F.fPacket Pg. 542Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
NESW0102040SCALE IN FEETSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg EXISTING AERIAL 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEEXISTING AERIAL48-------------------02 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'RIPARIANLINERIPARIANLINEMHWLPROPERTY BOUNDARYCONSERVATIONEASEMENTEXISTINGDOCK28'19'3.F.fPacket Pg. 543Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg PROPOSED DOCK 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEPROPOSED DOCK48-------------------03 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'82482463'LITTLE HICKORY BAYPROPOSEDDOCK4'13.8'22.5'10'RIPARIANLINERIPARIANLINE49'10.1'39'
16'4'4'SITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134PLATFORMBOAT LIFTMHWLPROPERTY BOUNDARYCONSERVATIONEASEMENT20'
63' T
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051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg SECTION AA 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVESECTION AA48-------------------04 OF 08CROSS SECTION AA WITH BOATSCALE: 1" = 10'65.5'16'BOATLIFTMHWL= +0.01' (NAVD)MLWL= -O.55' (NAVD)PROPOSED DOCKALL WOOD PILESTO BE WRAPPEDFROM 12" ABOVEMHWL TO 6"BELOWSUBSTRATE63' TOTAL PROTRUSION FROM MHWL3.F.fPacket Pg. 545Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW02550100SCALE IN FEETLITTLE HICKORY BAYSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg SUBMERGED RESOURCE SURVEY 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVESUBMERGED RESOURCE SURVEY48-------------------05 OF 08TYPICAL DIVE TRANSECT10'NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECTPROPERTYBOUNDARY200'200'3.F.fPacket Pg. 546Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW050100200SCALE IN FEETLITTLE HICKORY BAYMALIBU COVE SITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg ADJACENT DOCKS 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEADJACENT DOCKS48-------------------06 OF 0746'39'44'39'28'29'63'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.3.F.fPacket Pg. 547Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW050100200SCALE IN FEETLITTLE HICKORY BAYMALIBU COVE SITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg WIDTH OF WATERWAY 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRBD05-11-2120127.00-0625219 MALIBU COVEWIDTH OF WATERWAY48-------------------07 OF 07325'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.264'3.F.fPacket Pg. 548Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg 5/11/2021NESW0102040SCALE IN FEETLITTLE HICKORY BAYSITE ADDRESS:,219 MAILBU COVEBONITA SPRINGSFL34134MHWLPROPERTY BOUNDARY(12) BUTTONWOODSTO BE PLANTED INCONSERVATIONEASEMENTTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20127.00 Fasching-219 Malibu Cove\CAD\PERMIT-COUNTY\20127-BDE.dwg PLANTING PLAN 5/11/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ05-11-2120127.00-0625219 MALIBU COVEPLANTING PLAN48-------------------08 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO ISLAND SURVEYING & MAPPING"10-20-20-0.55'+0.01'113'458325'82482463'PROPOSEDDOCKRIPARIANLINERIPARIANLINE2
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3.F.fPacket Pg. 550Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
FASCHING DOCK
219 MALIBU COVE
BONITA SPRINGS, FL 34134
SUBMERGED RESOURCE SURVEY
MARCH 2, 2021
PREPARED BY:
TURRELL, HALL & ASSOCIATES, INC
3584 EXCHANGE AVENUE, STE B
NAPLES, FL 34104
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Packet Pg. 551 Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
Fasching Dock
Submerged Resource Survey
March 2021
1.0 INTRODUCTION
The Fasching dock project is located at 219 Malibu Cove in Bonita Springs, FL and can
be identified by Collier County as folio number 74435002201. The property is located
within the Barefoot Beach Development just south of Bonita Beach Road within Section
06, Township 48S, and Range 25E. The existing upland portion of the property is a
single-family resident currently under construction with a natural mangrove shoreline
and an existing dock and access walkway through the mangrove shoreline. The two
neighboring properties both have some sort of existing docking facility that
accommodate two vessels each as allowed per the local zoning.
Turrell, Hall & Associates, Inc. was contracted to design and permit a new dock utilizing
the existing access walkway and a part of that process is to conduct a Submerged
Resource Survey (SRS). The survey was completed on March 2, 2021. This survey
provides planning and review assistance to both the owners and the agency reviewers,
regarding the proposed project and location of the dock footprint.
The field visit for the completed SRS was conducted on 3.2.21 at 10:00A.M. Low tide on
this day took place at 9:17A.M. (0.1’) with high tide occurring in the afternoon at 2:
56P.M (2.1’). With an incoming tide and moderate southeast winds and mostly sunny
skies resulted in fair underwater visibility that ranged from 1-3 feet. Surface water
conditions on this day were relatively calm which also helped to provide good
environmental conditions for the survey. The water temperature was approximately
76˚F on the date of the survey.
2.0 OBJECTIVE
The objective of the SRS was to identify and locate any existing on-site submerged
resources within 200-feet of the proposed project footprint. The survey provided onsite
environmental information to help determine if the proposed project would impact any
existing submerged resources and if so, would assist in reconfiguring the proposed dock
footprint if possible, to avoid or minimize any impacts. The general scope of work
performed at the site is summarized below.
• Turrell, Hall & Associates, Inc. personnel conducted a site visit and snorkeled
within the proposed project footprint as well as expanded out 200-feet from
the stie to document the location of any submerged resources.
• Turrell, Hall & Associates, Inc. personnel identified submerged resources at
the site, estimated the % of coverage, and delineated the approximate limits
of any resources observed.
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Fasching Dock
Submerged Resource Survey
March 2021
• Turrell, Hall & Associates, Inc. personnel delineated the limits of any
observed resources via handheld GPS (Garmin Model 72H).
3.0 METHODOLOGY
Turrell, Hall & Associates, Inc. biologist designed the methodology based on their prior
review of the site location and surrounding waterway to make sure the survey covered
the entire subject property shoreline as well as extended out from the proposed docking
facility at least 200-feet. The components for this survey included:
• Review of past surveys completed along the same subject shoreline or within
subject waterway
• Review of aerial photography of survey area
• Physically snorkel project area, GPS limits of any observed submerged
resources, and determine approximate percent of coverage
• Document and photograph existing shoreline conditions and any findings
The surveyed aera was evaluated systematically by following the established transects
which were spaced approximately 10-15 feet apart within the proposed project footprint
and expanded 200-feet as required for the Collier County review criteria. The
neighboring properties have existing dock and mooring piles which assisted in locating
and maintaining transects and keeping them consistent throughout most of the survey
area.
Two biologists from Turrell, Hall & Associates, Inc. surveyed the required area by
wading in the shallow natural shoreline area and using snorkel equipment within the
deeper areas. Any located submerged resources were photographed, the approximate
percent of coverage was quantified, and their approximate location was delineated on
an aerial photo and then confirmed via GPS (Garmin Model 72H). A half meter square
quadrant, further broken into sections to make coverage estimates more measurable was
used on site. Random placements of the quadrate would be completed within any
observed seagrass beds. The findings are shown on attached exhibit.
4.0 RESULTS
The survey was completed on March 2, 2021 during the beginning part of an incoming
tide which resulted in fair observation conditions for the entire surveyed area. Overall,
the survey resulted in little findings within the riparian area of the subject property as
well as extending out past the proposed dock footprint. The survey revealed a few
oyster clusters along the mangrove root line, but no other natural marine resources are
within the project footprint nor the entire surveyed area. The observed substrate
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Fasching Dock
Submerged Resource Survey
March 2021
observed within the surveyed area was consistent other than along the subject shoreline
where there was some oyster debris and scattered oyster clusters. The remaining area
consisted of two classifications; silt/sand with shell debris and a silt/muck material
which extended out into the deeper areas out past the proposed dock footprint.
Additionally, various algae were observed including filamentous algae and other macro
algae which both were scattered throughout. Numerous marine species were also
observed during the survey especially in and around the mangrove shoreline and other
docking facilities. A list of these species has been prepared and is provided below in
Table 1.
Table 1 – Observed Marine Species
Common Name Scientific Name
Mangrove Snapper Lutjanus Griseus
Sheepshead Archosargus Probatocephalus
Striped Mullet Mugil Cephalus
Snook Centrompus Undecimalis
Stone Crab Menippe mercenaria
5.0 CONCLUSIONS
The submerged resource survey conducted at the project site yielded few findings at
best regarding protected marine resources. Barnacles, mud crabs, stone crabs, and oyster
clusters some alive but mostly dead which could be seen along the mangrove fringe and
root line as well as additional growth on the adjacent dock piles. No seagrasses were
observed growing within the project footprint.
Based off our observations it is THA’s opinion that no impacts to any submerged
resources will occur as a result of the proposed dock project.
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Packet Pg. 554 Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
Fasching Dock
Submerged Resource Survey
March 2021
6.0 PHOTOS
Existing dock and access walkway
Access dock and subject waterway
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Fasching Dock
Submerged Resource Survey
March 2021
Typical Sediment and with heavy shell debris
Typical sediment with Mangrove leaf liter
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1
RESTORATION PLAN
219 Malibu Cove
Folio ID #74435002201
S 06 / T 48S / R 25, Collier County, FL
I. INTRODUCTION
Collier County Environmental staff are currently reviewing an application for a
single-family residential docking facility located at 219 Malibu Cove. The
County’s review determined that the existing Conservation Easement (CE) area
along the property shoreline will require some restoration plantings due to open
areas that have historically been impacted with fill and/or cleared allowing sod to
grow. This work within the easement area was not authorized therefore Collier
County staff is requiring that the CE area be restored to its natural condition by
removing any fill placed within and planting the area with native trees, shrubs,
and groundcover.
The property is identified on the property appraiser’s website as 74435002201,
which is approximately 0.59-acre lot situated within Section 06, Township 48
South, and Range 25 East, Collier County, Florida.
This document outlines the restoration plan for the onsite Conservation Easement
area.
II. EXISTING CONDITIONS: HABITAT & SOIL DESCRIPTIONS
The subject site consists of 0.59 acre dedicated to a single-family residential
dwelling with a conservation easement area along the entire shoreline. The
conservation easement area was historically impacted by minor clearing of
vegetation and the placement of fill material outside the authorized area. The
conservation easement area will have to be restored as required by Collier County
Environmental Staff.
Existing soil is fill which was placed on the property at the beginning of the
residential construction. Any additional fill will be removed from the easement
area as part of this restoration plan.
III. PROPOSED PLANTINGS / RESTORATION
The owner is being required to restore the conservation easement area by
removing any fill that was placed there to create a consistent slope, from the
remaining upland area to the existing natural shoreline elevation and planting
native vegetation. This will allow for a very gradual slope and once the fill is
removed the proposed plantings outlined below will be installed throughout the
area.
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2
The proposed plantings shall include a minimum of 12 midstory trees on 8’
centers consisting of just buttonwood trees due to the location of the plantings vs
the location of the MHWL. The groundcover will consist of 30 plants on 3’
centers in and around the proposed buttonwoods including sea oxeye and bay
cedar. All species listed should be utilized in even amounts if possible, but exact
species numbers could be based on supply availability. Planting specifics are
outlined below.
Midstory plants: Number of Trees = 12
Buttonwood (Conocarpus erectus) 12
All midstory plantings will be installed on 20ft. centers with a minimum 3-5
gallon pot containers.
Groundcover plants: Number of Plants = 30
Sea Oxeye (Borrichia frutescens) 15
Bay Cedar (Suriana maritima) 15
All groundcover plantings will be installed on 3ft. centers with a minimum 1
gallon pot containers.
Irrigation maybe required for the top half of the easement area due to the distance
from the ground water table to help ensure the plantings survival. For the lower
half of the easement no irrigation is proposed due to the final elevations of this
portion of the conservation easement being closer to the tidal water table which
should help keep the plantings hydrated naturally.
IV. CREDENTIALS
Jeff Rogers
Project Manager for Turrell, Hall & Associates since 2005
B.S. Degree in Environmental Science, Rollins College
Sustainable Development Course-Galapagos Islands, Equador
Completed Southwest Florida Association of Environmental Professionals
Wetland Delineation Training Course-2006
Florida Department of Environmental Protection Environmental Resource Permit
Course-2006
Completed a FAEP Plant ID Class with Dr. Hall from the University of Florida-
2006
Primary career focus: Permit Compliance Mitigation and Monitoring
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Packet Pg. 559 Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
TURRELL, HALL & ASSOCIATES, INC.
Marine & Environmental Consulting
3584 Exchange Avenue ● Naples, Florida 34104-3732 ● 239-643-0166 ● Fax (239) 643-6632 ● tuna@thanaples.com
April 30, 2021
Conservancy of Southwest Florida
1495 Smith Preserve Way
Naples, FL 34102
RE: Collier County Boat Dock Extension-PL20210000039
219 Malibu Cove
To Whom It May Concern,
Based on the Settlement Agreement between Collier County and the Conservancy of
Southwest Florida, we are required to notify you of the proposed docking facility
located at 219 Malibu Cove, Folio # 74435002201.
The proposed project is currently in for a Collier County Boat Dock Extension due to
the proposed dock being waterward of the allowed 20-foot protrusion measurement.
The project consists of removing the existing dock to then construct a new fixed docking
facility through the mangrove shoreline that is also a conservation easement (CE). The
proposed access walkway will be constructed within the existing footprint therefore no
new impacts are proposed to the mangrove shoreline or CE. The dock includes a 4-
foot-wide access walkway, which is allowed per the CE language and then expands out
to U-shaped dock that protrudes out approximately 63-feet waterward of the mean
high-water line (MHWL). The total dock over-water square footage is approximately
824 square feet with two boatlifts. Please see attached exhibits.
According to the Agreement if written objections have not been received within 15 days
of this submittal approval is presumed. Upon your review if you have any questions,
please feel free to contact me at the above letterhead phone number or email
Jeff@thanaples.com
Regards,
Jeff Rogers
Turrell, Hall & Associates, Inc.
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Packet Pg. 560 Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
TURRELL, HALL & ASSOCIATES, INC.
Marine & Environmental Consulting
3584 Exchange Avenue ● Naples, Florida 34104-3732 ● 239-643-0166 ● Fax (239) 643-6632 ● tuna@thanaples.com
June 22, 2021
Southport on the Bay Dock Owners’ Association, Inc.
c/o Michael Stein
75 Southport Cove
Bonita Springs, FL 34134
RE: Collier County Boat Dock Extension
PL20210000039- 219 Malibu Cove
Mr. Stein,
Based on the Settlement Agreement between Collier County and the Conservancy of Southwest
Florida, we are required to notify you of the proposed docking facility located at 219 Malibu Cove,
Folio # 74435002201.
The proposed project is currently in for a Collier County Boat Dock Extension due to the proposed
dock being waterward of the allowed 20-foot protrusion measurement. The project consists of
removing the existing dock to then construct a new fixed docking facility with the proposed access
walkway through the mangrove shoreline that is also a conservation easement (CE). The proposed
access walkway will be constructed within the existing footprint therefore no new impacts are
proposed to the mangrove shoreline or CE. The dock includes a 4-foot-wide access walkway, which
is allowed per the CE language and then expands out to U-shaped dock that protrudes out
approximately 63-feet waterward of the mean high-water line (MHWL). The total dock over-water
square footage is approximately 824 square feet with two boatlifts. Please see attached exhibits.
According to the Agreement if written objections have not been received within 15 days of this
submittal approval is presumed. Upon your review if you have any questions, please feel free to
contact me at the above letterhead phone number or email Jeff@thanaples.com.
Sincerely,
Jeff Rogers
Turrell, Hall & Associates, Inc.
3.F.f
Packet Pg. 561 Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
TURRELL, HALL & ASSOCIATES, INC.
Marine & Environmental Consulting
3584 Exchange Avenue ● Naples, Florida 34104-3732 ● 239-643-0166 ● Fax (239) 643-6632 ● tuna@thanaples.com
June 22, 2021
Southport on the Bay
Property Owners’ Association, Inc.
c/o Ability Management
6736 Lone Oak Blvd.
Naples, FL 34109
RE: Collier County Boat Dock Extension
PL20210000039- 219 Malibu Cove
Mr. Stein,
Based on the Settlement Agreement between Collier County and the Conservancy of Southwest
Florida, we are required to notify you of the proposed docking facility located at 219 Malibu Cove,
Folio # 74435002201.
The proposed project is currently in for a Collier County Boat Dock Extension due to the proposed
dock being waterward of the allowed 20-foot protrusion measurement. The project consists of
removing the existing dock to then construct a new fixed docking facility with the proposed access
walkway through the mangrove shoreline that is also a conservation easement (CE). The proposed
access walkway will be constructed within the existing footprint therefore no new impacts are
proposed to the mangrove shoreline or CE. The dock includes a 4-foot-wide access walkway, which
is allowed per the CE language and then expands out to U-shaped dock that protrudes out
approximately 63-feet waterward of the mean high-water line (MHWL). The total dock over-water
square footage is approximately 824 square feet with two boatlifts. Please see attached exhibits.
According to the Agreement if written objections have not been received within 15 days of this
submittal approval is presumed. Upon your review if you have any questions, please feel free to
contact me at the above letterhead phone number or email Jeff@thanaples.com.
Sincerely,
Jeff Rogers
Turrell, Hall & Associates, Inc.
3.F.f
Packet Pg. 562 Attachment: Attachment E - Backup Package (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
3.F.g
Packet Pg. 563 Attachment: Attachment F - Hybrid Waiver (20337 : PL20210000039 BDE 219 Malibu Cove Fasching)
10/28/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.G
Item Summary: PETITION NO. VA PL20190001162 - Request for after-the-fact variances to
allow a pool that encroaches 4.35 feet and spa that encroaches 1.45 feet into the required 30 -foot western
side yard setback; and to allow an accessory garage that encroaches 22.4 feet into the required 75-foot
rear yard setback; and to allow the carport encroaching 6.45 feet into the required 30 -foot eastern side
yard setback; and to allow the home encroaching 0.1 foot into the required 30-foot western side yard
setback as provided for in Land Development Code Section 4.02.01 for the Estates (E) zoning district.
The subject property is 2035 Golden Gate Boulevard West, in Section 6, Township 49 South, Range 27
East, Collier County, Florida. [Coordinator: Ray Bellows, AICP, Zoning Manager] Commissioner
District 5
Meeting Date: 10/28/2021
Prepared by:
Title: – Zoning
Name: Laura DeJohn
10/11/2021 6:43 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
10/11/2021 6:43 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 10/12/2021 2:40 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/12/2021 8:49 AM
Zoning Ray Bellows Review Item Completed 10/12/2021 1:38 PM
Zoning Diane Lynch Review Item Skipped 10/12/2021 8:49 AM
Zoning Mike Bosi Zoning Director Review Completed 10/13/2021 11:35 AM
Hearing Examiner Andrew Dickman Meeting Pending 10/28/2021 9:00 AM
3.G
Packet Pg. 564
VA-PL20190001162; 2035 GOLDEN GATE BLVD WEST Page 1 of 9
October 18, 2021
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 28, 2021
SUBJECT: PETITION VA-PL20190001162; 2035 GOLDEN GATE BLVD WEST
______________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner/Applicant: Agent:
Vladimir Portal & Caridad Diaz Yoalys Martin
2035 Golden Gate Blvd W 3210 22nd Ave NE
Naples, FL 34120 Naples, FL 34120
REQUESTED ACTION:
The applicant requests that the Hearing Examiner (HEX) consider an application for after-the-
fact variances to allow a pool that encroaches 4.35 feet and spa that encroaches 1.45 feet into the
required 30-foot western side yard setback; and to allow an accessory garage that encroaches
22.4 feet into the required 75-foot rear yard setback; and to allow the carport encroaching 6.45
feet into the required 30-foot eastern side yard setback; and to allow the home encroaching 0.1
foot into the required 30-foot western side yard setback as provided for in Land Development
Code Section 4.02.01 for the Estates (E) zoning district.
GEOGRAPHIC LOCATION:
The subject parcel is located at 2035 Golden Gate Blvd West, in Section 6, Township 49 South,
Range 27 East, Collier County, Florida. (See location map on the following page)
3.G.a
Packet Pg. 565 Attachment: 10-11-21 - Staff Report Diaz Portal Variance (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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October 18, 2021
3.G.aPacket Pg. 566Attachment: 10-11-21 - Staff Report Diaz Portal Variance (20336 : PL20190001162 VA 2305 Golden Gate
VA-PL20190001162; 2035 GOLDEN GATE BLVD WEST Page 3 of 9
October 18, 2021
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is a 2.34-acre property zoned Estates in the Rural Estates area of Collier
County. The property is in an area of residentially occupied Estates zoned lots along a major
east-west corridor, Golden Gate Boulevard West.
Building permit records indicate the home was permitted in 1979. The property was purchased
by the applicants in 2001, and now contains a single-family home, pool/spa, pigeon coop, small
woodshed next to well, and detached garage in the rear of the property. Permit CDP2005091242
was issued in 2005 for the pool, and Permit PRBD20181267859 was issued in 2018 for pool
barrier fencing.
Code Enforcement case CELU20180013990 was opened in 2018 citing unauthorized outdoor
storage of materials and debris on the property and structures added without a permit. Per the
Code Enforcement action, it was determined that a variance for the pool and rear garage building
will be required, as well as permitting for the rear garage building.
The applicant agreed through the Code Enforcement process to remove all unpermitted
construction associated with the pigeon coop and to remove the woodshed building near the well
along the western property line.
The request for variance was submitted in 2019. The variance request is for after-the-fact
allowance to encroach into setbacks for the following structures as illustrated on the boundary
and topographic survey submitted as part of this request:
• pool encroachment of 4.35 feet and
spa encroachment of 1.45 feet into
the required 30-foot western side
yard setback
• detached garage encroachment of
22.4 feet into the required 75-foot
rear yard setback
• carport encroachment of 6.45 feet
into the required 30-foot eastern
side yard setback
• home encroachment of 0.1 foot into
the required 30-foot western side
yard setback
Zoomed in view of boundary and
topographic survey with notations
3.G.a
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VA-PL20190001162; 2035 GOLDEN GATE BLVD WEST Page 4 of 9
October 18, 2021
Full view of boundary and topographic survey with notations
3.G.a
Packet Pg. 568 Attachment: 10-11-21 - Staff Report Diaz Portal Variance (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
VA-PL20190001162; 2035 GOLDEN GATE BLVD WEST Page 5 of 9
October 18, 2021
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property, which is zoned Estates (E):
North: Single family residence zoned Estates
East: Single family residence zoned Estates
South: Single family residence zoned Estates
West: Single family residences zoned Estates
STAFF ANALYSIS:
The decision to grant a Variance is based on the criteria in LDC Section 9.04.03. The applicant
has provided their responses to the criteria, which are provided in italics, followed by the Zoning
Division’s assessment.
3.G.a
Packet Pg. 569 Attachment: 10-11-21 - Staff Report Diaz Portal Variance (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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October 18, 2021
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size, and characteristics of the land, structure or building involved?
• Detached garage and Pool are already complete build encroaching in the setback.
Staff acknowledges the encroachments are already constructed. It can be seen on the aerial
imagery that lot sizes generally range in size similar to the subject site which is 2.34 acres.
This lot area conforms with the minimum lot size for the Estates zoning district of 2.25 acres.
It is also a common condition in the immediate vicinity for homesites to include additional
structures in proximity to rear and side yards.
The encroachments of the home and the carport into side yards were revealed by the survey.
Given that records show the home was permitted in 1979, the encroachment of the home and
carport by 0.1 feet and 6.45 feet respectively are as much as forty-two years old. Side yard
setback requirements in the Estates district at that time were 10% of the property width, not
to exceed 30 feet. Records could not be found to determine the width of the property in
1979; it is now 150 feet wide and has been since at least 1994.
The pool and the rear garage have been added by the applicant within the past sixteen years.
The pool was subject to the permitting process, and although the plans submitted at the time
indicated a setback of 30 feet, it is revealed by survey that the pool and spa encroach by 4.35
feet and of 1.45 feet respectively into the required 30-foot western side yard setback, thus an
after-the-fact variance is requested. The rear detached garage is the greatest encroachment at
22.4 feet into the required 75-foot rear yard setback. The home itself is built on the rear half
of the property with a front yard setback of over 400 feet. This unique positioning of the
home so far back on the site may be a factor in the positioning of the rear detached garage,
because it leaves less than the typical amount of space on an Estates zoned lot to position an
accessory structure in the rear.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which are the
subject of the Variance request?
• The owner hire a pool company (POOL-TEC) to do all paperwork and build the pool
with the permit number 2005091242, all inspection was passed in compliance with the
required building code, and he assume everything was fine until was notified for the code
enforcement that spa is encroaching into the setback.
• Owner bought the house in 2001 with existing structure at rear of the lot which was
destroyed by the hurricane in 2006 and after that hire a company to install in same place
a new metal building, attached pre-engineered metal building plans. The company never
request Collier County building permit without notification to owner.
As stated by the applicant and in the staff analysis for criterion “a,” the pool variance is a
corrective after-the-fact request for the permitted improvements based on encroachments
revealed by the survey of the site. No records were found for permitting of the rear garage
building. The building is positioned to the rear of the pre-existing home, which is set back
3.G.a
Packet Pg. 570 Attachment: 10-11-21 - Staff Report Diaz Portal Variance (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
VA-PL20190001162; 2035 GOLDEN GATE BLVD WEST Page 7 of 9
October 18, 2021
over 400 feet from the front property line. The position of the pre-existing home leaves less
than the typical amount of space on an Estates zoned lot to position an accessory structure in
the rear. While it is feasible to position the garage to conform with the 75-foot setback, the
position of the home on the rear half of the lot may be a factor in how the garage was located.
c. Will a literal interpretation of the provisions of this zoning code work an unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
• Yes, this is an after-the-fact Variance request as the structure has already been done.
The applicant suggests there is hardship and practical difficulties in requiring the applicant to
conform and ultimately demolish and re-construct the improvements on the site. It should be
noted that the applicant has agreed to remove unpermitted construction to the extent possible,
by removing the unpermitted construction associated with the pigeon coop and removing the
woodshed building near the well along the western property line.
d. Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of health,
safety, and welfare?
• Granting of the requested variance will not have adverse impact to health, safety, and
welfare.
Staff agrees that the variance if granted will be the minimum required to allow for the site to
function within its existing building footprints and will not be detrimental to 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?
• By definition, a Variance bestows some dimensional relief from the zoning regulations
specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any
dimensional standard. As such, other properties facing a similar hardship would be
entitled to make a similar request and would be conferred equal consideration by case
basis.
The granting of the variance does convey a unique privilege upon the property in comparison
to similarly zoned properties that are compliant with setback requirements but based upon the
circumstances of the home dating as far back as forty years and positioned over 400 feet from
the front property line, staff finds these unique circumstances as justified in granting the
variance for the encroachments of the home, carport, and rear garage. The pool and spa were
assumed to meet setbacks as shown on plans during the permitting process, and it does not
confer any special privilege to the applicant to grant variances for the encroachments
revealed by surveying the site. The granting of the variance will result in the home
3.G.a
Packet Pg. 571 Attachment: 10-11-21 - Staff Report Diaz Portal Variance (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
VA-PL20190001162; 2035 GOLDEN GATE BLVD WEST Page 8 of 9
October 18, 2021
remaining over 23 feet from the side property lines, the pool and spa remaining over 25 from
the west property line, and the garage remaining over 52 feet from the rear property line.
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 granting of the Variance will be in harmony with the general intent and purpose
of the Land Development Code and will not harm public safety, health, and welfare.
The Land Development Code generally intends to allow for the types of structures and
improvements that are subject of these variance requests. It is also a common condition in
the immediate vicinity for homesites to include additional structures in proximity to rear and
side yards, so the granting of the variance is not injurious to the neighborhood.
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.?
• No, no natural or physically induced conditions have been observed that will serve to
ameliorate the goals and objectives of the LDC.
Staff agrees that the goals and objectives of established setbacks are not ameliorated by any
natural or physical conditions present in the context of the site.
h. Will granting the Variance be consistent with the GMP?
• Yes, approval of this Variance will not affect or change the requirements of the GMP
with respect to density, intensity, compatibility, access/connectivity, or any other
applicable provisions.
The GMP is silent to the issuance of a variance application and therefore the granting of the
variance will not be inconsistent with the GMP.
SUMMARY FINDINGS:
As noted within this staff report and as documented through processing of Code Enforcement
case CELU20180013990, records indicate the existing home was permitted in 1979, before the
current owner bought the home in 2001. The home itself is built on the rear half of the property
with a front yard setback of over 400 feet. This unique positioning of the home so far back on
the site leaves less than the typical amount of space on an Estates zoned lot to position an
accessory structure in the rear.
The survey of the property reveals encroachments into side yard setbacks by the home, the
carport, the pool, and the spa, and a rear yard encroachment by the detached rear garage. Several
factors can be considered in support of after-the-fact variances: the existence of the home since
3.G.a
Packet Pg. 572 Attachment: 10-11-21 - Staff Report Diaz Portal Variance (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
VA-PL20190001162; 2035 GOLDEN GATE BLVD WEST Page 9 of 9
October 18, 2021
1979; the need for corrective action for the pool and spa that was permitted; and the need for
corrective action for the garage that is positioned to the rear of a home that is located on the back
half of the property. Given these recognitions, there are also several mitigating factors that could
justify a recommendation of approval by staff:
1. Remove unpermitted construction, including that associated with the pigeon coop.
2. Remove the woodshed building near the well along the western property line.
3. File for building permit of any unpermitted structures to remain, including for the rear
detached garage.
PUBLIC NOTICE:
The applicant sent a notification letter by certified mail on July 14, 2021, to four property owners
within 150 feet of the subject site.
Public notice was provided about the October 28, 2021, Hearing Examiner Hearing by posting of
a public hearing notice sign on the property, mailing of notices to owners within 1,000 feet of the
subject site, and publication of a newspaper advertisement at least 15 days prior to the hearing.
RECOMMENDATION:
Staff recommends that the Hearing Examiner (HEX) approve the requested after-the-fact
variances as annotated on Attachment A, Boundary and Topographic Survey, including: pool
encroachment of 4.35 feet and spa encroachment of 1.45 feet into the required 30-foot western
side yard setback; detached garage encroachment of 22.4 feet into the required 75-foot rear yard
setback; carport encroachment of 6.45 feet into the required 30-foot eastern side yard setback;
and home encroachment of 0.1 foot into the required 30-foot western side yard setback.
Attachments:
A. Boundary and Topographic Survey (annotated)
B. Applicant’s Backup: Application, Narrative, Photos, Agent Letter
C. Proof of Sign Posting
3.G.a
Packet Pg. 573 Attachment: 10-11-21 - Staff Report Diaz Portal Variance (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
3.G.b
Packet Pg. 574 Attachment: Attachment A - Survey (annotated) (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
VLADIMIR PORTAL AND CARIDAD DIAZ
2035 GOLDEN GATE BLVD W NAPLES FL 34120
239-560-2460
YOALYS MARTIN
IPERMITTING@GMAIL.COM
3210 22ND AVE NE NAPLES FL 34120
239-628-0966
ipermitting@gmail.com
3.G.c
Packet Pg. 575 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIALESTATES
ESTATES
ESTATES
ESTATES
3.G.c
Packet Pg. 576 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
Golden Gate Estates Area Civic Association
PO Box 990596 NAPLES FL 34116
3.G.c
Packet Pg. 577 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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Packet Pg. 578 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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Packet Pg. 579 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
3.G.c
Packet Pg. 580 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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Packet Pg. 581 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
VARIANCE CRITERIA
The decision to grant a variance is based on the criteria in LDS Section 9.04.03.This petition relative to
these provisions and offers the following responses:
a. Are there special conditions and circumstances existing which are peculiar to the
Location, size and characteristics of the land, structure or building involved?
Detached garage and Pool are already complete build encroaching in the setback.
b. Are there special conditions and circumstances, which do not result from the action the
applicant such as pre-existing conditions relative to the property?
The owner hire a pool company(POOL-TEC) to do all paper work and build the pool with the
permit number 2005091242, all inspection was passed in compliance with the required
building code and he assume everything was fine until was notified for the code
enforcement that spa is encroaching into the setback.
Owner brought the house in 2001 with existing structure at rear of the lot which was
destroyed by the hurricane in 2006 and after that hire a company to install in same place a
new metal building, attached pre-engineered metal building plans. The company never
request collier county building permit without notification to owner.
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, this is an after-the-fact Variance request as the structure has already been done.
d. Will the Variance, if granted be the minimum Variance that will make possible the reasonable
use of the land, building or structure and which promote standards of health, safety, and
welfare?
Granting of the requested variance will no not have adverse impact to 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.
By definition, a Variance bestows some dimensional relief from the zoning regulations
specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any
dimensional standard. As such, other properties facing a similar hardship would be
entitled to make a similar request and would be conferred equal consideration by case
basis.
3.G.c
Packet Pg. 582 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
f. Will granting the Variance be in harmony with the general intent and purpose of the Land
Development Code, and not be injurious to the neighborhood, or otherwise detrimental to
the public welfare?
Yes, the granting of the Variance will be in harmony with the general intent and purpose
of the Land Development Code and will not harm public safety, health, and welfare.
g. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
No, no natural or physically induced conditions have been observed that will serve to
ameliorate the goals and objectives of the LDC.
h. Will granting the Variance be consistent with the Grown Management Plan?
Yes, approval of this Variance will not affect or change the requirements of the GMP
with respect to density, intensity, compatibility, access/connectivity, or any other
applicable provisions.
3.G.c
Packet Pg. 583 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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Packet Pg. 584 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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Packet Pg. 585 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
Letter for Notification of Variance
To Property Owners and Associations within 150 feet
07/09/2021
Name: AHRN, STACY N
Address: 110 21ST ST NW
City, State Zip: NAPLES FL 34120
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a
variance from the requirements of the zoning regulations as they apply to the following
described property:
Description: 2035 GOLDEN GATE BLVD W NAPLES FL 34120
It is our intent to ask the County to allow us to (Garage is located on the rear North West
of property, is currently sitting 52.6 Ft from the rear North property line and 33.3 Ft from
the West property line.
Pool is located on the left side of the house North East property. The Pool and Spa are
encroaching into the setback 4.35 feet and 1.45 feet respectively from the property line.)
In order to provide you an opportunity to become fully aware of our intention, we will be
contacting you directly within the next few days or you may choose to telephone the
sender for further information. In any event, please be advised that we are interested in
assuring you that our request should not adversely affect your property interest.
Sincerely,
VLADIMIR PORTAL AND CARIDAD PAZ PORTAL
2035 GOLDEN GATE BLVD W
NAPLES FL 34120
PHONE: 239-560-2460
3.G.c
Packet Pg. 586 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
Letter for Notification of Variance
to Property Owners and Associations within 150 feet
07/09/2021
Name: BETANCOURT, OSCAR
Address: 50 21ST ST NW
City, State: Zip NAPLES FL 34120
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a
variance from the requirements of the zoning regulations as they apply to the following
described property:
Description: 2035 GOLDEN GATE BLVD W NAPLES FL 34120
It is our intent to ask the County to allow us to (Garage is located on the rear North West
of property, is currently sitting 52.6 Ft from the rear North property line and 33.3 Ft from
the West property line.
Pool is located on the left side of the house North East property. The Pool and Spa are
encroaching into the setback 4.35 feet and 1.45 feet respectively from the property line.)
In order to provide you an opportunity to become fully aware of our intention, we will be
contacting you directly within the next few days or you may choose to telephone the
sender for further information. In any event, please be advised that we are interested in
assuring you that our request should not adversely affect your property interest.
Sincerely,
VLADIMIR PORTAL AND CARIDAD PAZ PORTAL
2035 GOLDEN GATE BLVD W
NAPLES FL 34120
PHONE: 239-560-2460
3.G.c
Packet Pg. 587 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
Sample letter for Notification of Variance
to Property Owners and Associations within 150 feet
(Company Letterhead)
07/09/2021
Name: THOMAS BARRY AND PATRICIA K CNOSSEN
Address: 2021 GOLDEN GATE BLVD W
City, State Zip: NAPLES FL 34120
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a
variance from the requirements of the zoning regulations as they apply to the following
described property:
Description: 2035 GOLDEN GATE BLVD W NAPLES FL 34120
It is our intent to ask the County to allow us to (Garage is located on the rear North West
of property, is currently sitting 52.6 Ft from the rear North property line and 33.3 Ft from
the West property line.
Pool is located on the left side of the house North East property. The Pool and Spa are
encroaching into the setback 4.35 feet and 1.45 feet respectively from the property line.)
In order to provide you an opportunity to become fully aware of our intention, we will be
contacting you directly within the next few days or you may choose to telephone the
sender for further information. In any event, please be advised that we are interested in
assuring you that our request should not adversely affect your property interest.
Sincerely,
VLADIMIR PORTAL AND CARIDAD PAZ PORTAL
2035 GOLDEN GATE BLVD W
NAPLES FL 34120
PHONE: 239-560-2460
3.G.c
Packet Pg. 588 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
Sample letter for Notification of Variance
to Property Owners and Associations within 150 feet
07/09/2021
Name: CRAWFORD, JACOB N & LISA A
Address: 96 21ST ST NW
City, State Zip: NAPLES FL 34120
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a
variance from the requirements of the zoning regulations as they apply to the following
described property:
Description: 2035 GOLDEN GATE BLVD W NAPLES FL 34120
It is our intent to ask the County to allow us to (Garage is located on the rear North West
of property, is currently sitting 52.6 Ft from the rear North property line and 33.3 Ft from
the West property line.
Pool is located on the left side of the house North East property. The Pool and Spa are
encroaching into the setback 4.35 feet and 1.45 feet respectively from the property line.)
In order to provide you an opportunity to become fully aware of our intention, we will be
contacting you directly within the next few days or you may choose to telephone the
sender for further information. In any event, please be advised that we are interested in
assuring you that our request should not adversely affect your property interest.
Sincerely,
VLADIMIR PORTAL AND CARIDAD PAZ PORTAL
2035 GOLDEN GATE BLVD W
NAPLES FL 34120
PHONE: 239-560-2460
3.G.c
Packet Pg. 589 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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Packet Pg. 608 Attachment: Attachment B - Application & Back up (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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Packet Pg. 609 Attachment: Attachment C - Proof of Sign Posting (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)
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Packet Pg. 612 Attachment: Attachment C - Proof of Sign Posting (20336 : PL20190001162 VA 2305 Golden Gate Blvd W - Diaz-Portal)