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HEX Agenda 09/22/2016 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA SEPTEMBER 22, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, SEPTEMBER 22,2016 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: August 11,2016 and August 25,2016 4. ADVERTISED PUBLIC HEARINGS: NOTE: This item was continued from the August 25, 2016 HEX Meeting and the September 8, 2016 HEX Meeting: A. PETITION NO. BD-PL20150002584 — Gordon and Barbara Kellam request a 26-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 46 feet,to accommodate a new docking facility for the benefit of Lot 21, Landings at Bear's Paw, also described as 1688 Vinland Way, in Section 35, Township 49 South, Range 25 East, Collier County,Florida. [Coordinator: Daniel J. Smith,AICP,Principal Planner] B. PETITION NO. PDI-PL20160000927—Pavilion Club Condominium Inc. requests an insubstantial change to Ordinance No. 87-41,the Pavilion Lake Planned Unit Development, to increase the height of the perimeter wall from 6 feet to 8 feet.The subject property consisting of 15.67±acres is located on the west side of US 41 directly north of the Pavilion Shopping Center, in Section 33, Township 48 South, Range 25 East,Collier County,Florida. [Coordinator: Fred Reischl,AICP,Principal Planner] C. PETITION NO. ZVL(CUD)-PL20160001881 — Naples 2.0 LLC requests affirmation of a Zoning Verification Letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06,in which County staff determined that the proposed use of food truck park is comparable and compatible in nature to other permitted uses in the General Commercial — Bayshore Mixed Use Overlay District — Neighborhood Commercial Subdistrict(C-4-BMUD-NC).The subject property is located approximately one-quarter mile south of Tamiami Trail East, on the west side of Bayshore Drive, in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.75± acres. [Coordinator: Fred Reischl,AICP] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN AGENDA ITEM 4-A • CoLC-ler County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING ZONING DIVISION HEARING DATE: SEPTEMBER 22,2016 SUBJECT: BDE-PL20150002584, KELLAM BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner: Barbie and Gordon Kellam 1688 Vinland Way Naples, FL 34108 Agent: Jeff Rodgers Turrell, Hall & Associates 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The petitioner is requesting to extend a boat dock 24-foot feet over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 44 feet, to accommodate a new docking facility for the benefit of Lot 21, Landings at Bear's Paw, also described as 1688 Vinland Way, in Section 35, Township 49 South. Range 25 East, Collier County. Florida. The petitioner originally requested a 26-foot extension for a 46-foot protrusion. but has since modified their request as stated above. GEOGRAPHIC LOCATION: The subject site is located at 1688 Vinland Way, and is further described as Lot 21, The Landings at Bear's Paw. Section 35. Township 49 South. Range 25 East, Collier County. Florida (See location map on the following page). BDE-PL20150002584 Page 1 of 11 1688 Vinland Way-Dock Extension. HEX Hearing Sept.22,2016 ---- ,----' . --7^ ti - L.,j- -1 t. ) . — . - ax Q r.. � ^1t W � _ a i 'mean ...-.....:\:\ r'cr---"..--...., s\ ,...--) ......... ,Si F;, �ttii yry .t I- ♦...... V� ` 0) ,4 # ' p , a In,1,1411 No Mat I .T I-[. I . 1, 1., u co N iiS d 0 N i J O. .,0 E Z c 0 t~i g a) a a J A ------\\ a C A 0 CUV —I GoopLETTE-rUANK RD N BDE-PL20I50002584 Page 2 of I I 1688 Vinland Way - Dock Extension. HEX Hearing Sept.22,2016 PURPOSEIDESCRIPTION OF PROJECT: The petitioner is proposing to construct a new boat dock and lift that protrudes 44 feet from the rear property line or 30 feet from the Mean High Water Level (MHWL) for a single 33-foot vessel. The property, with a zoning designation of a PUD (The Landings at Bears Paw), is .15 acres and has 67 feet of water frontage. The side setbacks from the riparian lines will be 7.5 feet from the east riparian line and 7.5 feet from the west riparian line. The Landings at Bears Paw PUD Ordinance was approved in 2013 for a deviation(below) to allow for boat docks within a residential tract to have a minimum 7.5-foot side setback instead of the LDC required 15-foot setback, provided the boat slip is parallel to the shore line (see PUD Backup Exhibit on page 4). Deviation #4 seeks relief.from LDC' Section 5.03.06.E.5., "Dock Facilities, which requires dock facilities to have a side setback of 15.feel for dock facilities on lots with greater than 60 feet of water .frontage, to allow a 7.5-foot side setbacks for the private single-family community dock facilities located along that section of Golden Gate Canal within the Residential Tract; provided that such slips are parallel to (rather than perpendicular to) the shoreline. Neighboring residential homes. across the canal, have boat docks. There are also two (2) existing docks on the north side of the canal, east of this parcel for the PUD's community use. No dredging is proposed. Multiple e-mails, letters, and phone call have been received, objecting to this extension, since the public hearing was originally advertised(see Attachment B). THE LANDINGS Vii and W A Y ATBEAR SPAtis. '‘.- 1 `0' ,. , %, 168 . Subject Parcel - t�01 7t� R: 25 41.011)11111 44 4.4 • ef- Existing Docks N ,. ?1(4 Aerial photo - Collier County GIS Map BDE-PL20150002584 Page 3 of 11 1688 Vinland Way-Dock Extension. HEX Hearing Sept.22,2016 ...se atz" .F "� s+ '. ' " s � . a. F 'moiJir „' S '.� ,.. app Y , w.. .. t a i � + - _- .:c ter'•" • *tip �_ ... - Alligt•tr .-'"fit `-. #..� t"�"it. �* `�' -'`_ "� *Iv f g • 444 Pt i) Backup Exhibit Ilk • fl • ,411 e 1 2 3 4 S 6 7 8 9 3 1 r 11 y 1, " s s 156 i f..* 15 0 0. o .10 0. . •1.1 a* Oil ii 10 i ) f {, o y.. k W. O ! M► * it Fttver.Ln THE LANDINGS PU-D Backup Exhibit BDE-PL20150002584 Page 4 of 11 1688 Vinland Way- Dock Extension. HEX Hearing Sept.22,2016 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single Family Residence with a zoning designation of Landings at Bear Paw SURROUNDING: North: Utility,golf course with a zoning designation of The Landings at Bear Paw PUD East: Single-family home with a zoning designation of The Landings at Bear Paw PUD South: Canal, single family homes with a zoning designation of RSF-4 West: Single-family home with a zoning designation of The Landings at Bear Paw PUD ENVIRONMENTAL EVALUATION: Section 5.03.06 J.4 of the LDC requires the petitioner to demonstrate how the proposed location of the dock minimizes impacts to seagrass beds and other native shoreline vegetation. Submerged resource survey was provided.No seagrasses or mangroves present. EAC review not required. STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria under Section 5.03.06 H. of the LDC. In order for the HEX to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 H of the LDC and finds the following: PRIMARY CRITERIA 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location,upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) Criterion met.This is a single-family use and the applicant contends that one slip is being used, as depicted, according to the plan. 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 BDE-PL20150002584 Page 5 of 11 1688 Vinland Way-Dock Extension. HEX Hearing Sept.22,2016 and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s)described without an extension.) Criterion met. According to the petitioner's application and scaled drawings submitted, rip rap exists approximately 25 feet from the property line,and the water depth is 2.1-foot MLW and still over rip-rap. There is not adequate depth to accommodate the mooring of the proposed vessel within the LDC required 20-foot protrusion limit. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the information submitted by the petitioner, the proposed dock facility will not adversely impact navigation because there is 120 feet between MHWL and MHWL. The entire waterway is used for navigation as there are no navigational markers indicating the exact tread of navigation. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met if measuring from MHWL. Criterion not met if measuring from property line. The information provided in the application indicates that the proposed dock/lift will protrude 44 feet into a waterway from the property line, and 30 feet from the MHWL. The shoreline (MHWL) to shoreline measurement is 120 feet. Therefore the dock facility will protrude approximately 25 percent into the waterway width, as measured from the MHWL, and 35 percent as measured from the property line. There are no boat docks directly across from this proposal. 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 shown in the drawings submitted by the petitioner, the proposed dock, boat lift, and vessel is not near any existing boat docks on the north shoreline although more docks will probably be coming forward as new homes are built. The proposed dock facility will provide a 7.5-foot setback from the east riparian line, and a 7.5 foot setback from the west riparian line. The approved PUD for the Landings at Bears Paw development only requires a 7.5-foot setback from the riparian lines. BDE-PL20150002584 Page 6 of 11 1688 Vinland Way-Dock Extension. HEX Hearing Sept.22,2016 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 proposed dock facility was primarily governed by the County guidelines and the approved PUD for Landings at Bear's Paw. The one special condition that has affected the overall proposed dock design was the relatively high "Top of Bank" elevation and the associated large rip-rap shoreline. Due to this condition, the proposed access walkway portion of the dock needs to protrude further out into the waterway in order to reach adequate water depths. The other restrictive condition written within the approved PUD documents only allows for the proposed boat slip bile parallel to the shoreline. This doesn't necessarily mean the dock has to protrude 44 feet into the waterway; a protrusion less than 44 feet would be adequate if not for the boat lift. 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 not met. The proposed design provides adequate and safe access to and from the vessel while allowing room for other recreational use like fishing and kayak/paddle board storage on the dock. In staff's opinion, this design may be excessive considering a dock could be constructed with only one access point and can be designed 15feet less in length then the proposed 51-foot wide dock. Because of the additional access steps and the storage area (see illustrations on page 7), the dock becomes more of a boat deck, which may be considered excessive for the intent of the LDC. Staff must consider the original intent of the Code in determining this criterion. If the intent of the Code is to minimize the impacts upon the waterways while still providing safe access to the vessel, then this criterion, base on the propose design, has not been met. BDE-PL20150002584 Page 7 of 11 1688 Vinland Way-Dock Extension. HEX Hearing Sept.22,2016 aa;#. 1#r, i1 . .., _ y _ v - ' ' ?. : t 0. t :.ii 1A, 3. ,,-.tr ♦ _ .,..,. .-.ata art 1 " Rte$"" '_ 4CIW i , ail at. 1111.0"a. a rev. llii"�� „try:" r/"d ,,,s,...„..0a . • a-+, .NBI =la ie!"" pMor14..`fre . vr.ssgw.aaete.tte 1 4 f x: , APPROX N ', hi1W 0.44' ,1.r �� 6 .ykj.�..E r.-""" UTE ADDRESS: I ; .0tW11VD a81 aT, I OBE vIMJM4O WAY LOT 21 ` \ ►'. NAPLES.FL 34106 ` \..1,..,:::1,. ' a0 R��eT DNTE27 1 PROPERTY LINE -- �- �. j\: EXISTING ' PROPOSED — .... . A . TOP OF BANK HAND RAIL ` « AND RPRAPRAP k` \ itnik +1 - PROPOSED STAIRS ./� \ � `'EL TOE OF RIP RAP �_y : 1$ N!'''' � � RIPARIAN LINE ;* V:„. ,,,„ ,p\ , .,e.„.,1 ..,,,,N t \ ...- 1 \ ,,..:; "`.o } -'elk \ ,,,.:° ,,to „„..--- .0. 0* , , i r/ q`� t� 5 127(14" le a�,,: ,vs: OPTIONAL ,-�/F RO 3.-✓ .:\Olt\,�� BOAT LIFT / / *�6 . / ZNg1V0'88} A .� 3,-- FIXED DOC `� f �•/ • `' anitmre ro..v.o,.o n.wotn i.+ro AM OTM101.1010.0INOWOR .KMMYR. tltill®a.rtO 01,10,60 Mak. %NO0.r.t..a...- RiPARIAN LIN ----E * 0.ffineVe Cr--a te �� MOW »ww / .. .ow alwa r ...tcieeaae oun.e AWN I", II \ 25%WIDTH OF - „g / WATERWAY "m.o.iD.ie. t« / _ _ T &FI1d cIMITIVIIMII KELLAM C)OCK ,4 F,,Mime , `: �" MI Ltdoir Mt.Sic B.titpeft mI04s'nt PROPOSED WITH DIMENSIONS ..+, 11,...61 1 Ewe!et,.eaFisrta, hie.1:I*IM)4II 1 a 4WtMI4dd: .,sec,U.i St. 'ow....,ile it MWOE-St BDE-PL20150002584 Page 8 of 11 1688 Vinland Way-Dock Extension. HEX Hearing Sept.22,2016 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 proposed dock facility has been designed to accommodate one vessel up to 33 feet which is less than 50% the subject property's linear waterfront footage of 67 feet. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed dock facility will be the first of potentially 11 other single-family docking facilities allowed to be constructed along this shoreline. The proposed dock has been designed within the designated setback area as outlined in the approved PUD document for this development. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. There are no seagrass beds present on the property or the neighboring properties within 200' of the existing dock structure. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06E 11 of this Code. (If applicable, compliance 9 O( ) PP � � P with section 5.03.06(E)(11)must be demonstrated.) Criterion not applicable. The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. Staff analysis indicates that the request meets the five primary criteria. With regard to the six secondary criteria, one of the criteria is found to be not applicable, and the request meets four of the remaining five secondary criteria. The applicant's primary reason for a boat dock extension is for the existing rip rap extending approximately 25 feet beyond the rear property line. However the proposed design has not met the conditions of the secondary criteria regarding excess dock design. The proposed design is larger than what could be considered adequate for a boat 33 feet long. This proposal does not meet Secondary Criterion 2 regarding excessive deck area. The applicant is proposing a 33-foot vessel, so a 36-foot dock should be adequate in mooring this vessel. BDE-PL20150002584 Page 9 of 11 1688 Vinland Way-Dock Extension. HEX Hearing Sept.22,2016 APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, any party may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Division Administrator within 30 days of the action by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for BDE-PL20150002584 on September 14,2016. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BDE-PL20150002584 subject to the following conditions: 1. Only one access is provided to the dock. 2. The dock length is reduced from 51 feet to 36 feet. Attachments: A. Letters and E-mails from Concern Citizens B.Applicant's backup material BDE-PL20150002584 Page 10 of 11 1688 Vinland Way-Dock Extension. HEX Hearing Sept.22,2016 PREPARED BY: p.. (" 1 I DANIEL J. SMITH, AICP PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: VI(/' RAYM"i 'I V. BELLOWS,ZONING MANAGER ATE ZONIN c I IVISION MICHAEL BOSI, AICP. DIRECTOR DATE ZONING DIVISION BDE-PL20150002584 1688 Vinland Way-Dock Extension. Growth Management Division Planning & Regulation 2800 Horseshoe Drive Naples, FL 34104 Subject Petition # BD-PL20150002584 Dear Examiner, I am a member of the Rowing Association of Naples. I wish to protest against the subject petition for a variance. Extension of the allowed dock protrusion will become a severe hazard to rowers and all other boats. The aerial below copied from Google Maps shows that this portion of the Gordon River is less than 100 feet wide. The requested variance would permit a dock that would extend across almost half of the river. There is a very good reason that the maximum length of a dock was set at 20 feet by Colliers County. The docks on the opposite shore would allow an opening of approximately 33 feet, less if a similar variance was granted to that property owner. The requested variance would create a hazard for rowers and because it would make it difficult-if not impossible-for boats traveling in opposite directions to pass each other create a traffic problem for all other users of that portion of the Gordon River. Please keep the Gordon River as a valuable asset for residents and visitors and deny this request. . o trie rIP 411\ 1n - Al WI diliGoogit, ewpri::4e[q'•s_;:aer j. Gpckw•,Sr,M 6413 awoania Ga-.Y' 'CC► Thank you for your consideration, -` - rte', Donald H. Treadwell, Jr. 9795 Church Road Grosse Ile. Michigan 48138 734-612-2376 ATTACHMENT A August 2016 Growth Management Division Planning& Regulation 2800 Horseshoe Drive Naples, FL 34104 Subject: Petition # BD-PL2015-2584 Examiner, I am writing in response to protest against the petition for a variance of this massive dock to be built. I am a member of Rowing Association of Naples and spend time on the water in this area. A dock of this magnitude will greatly interfere with those of us who frequent this area while rowing, and seems a safety concern attempting to navigate with others on the water, including boaters. In addition, this area is projected to have much more traffic on the water with all of the growth planned for Gordon River which furthers my concerns of safety. Thank y. ft y nsideration, Charles C. Anderson 5291 Sand Dollar Lane Naples, FL 34103 August 15, 2016 Growth Management Division Planning& Regulation 2800 Horseshoe Drive Naples, FL 34104 Subject: Petition# BD-PL2015-2584 To Whom It May Concern: I am an active member of Rowing Association of Naples. I wish to protest against the petition for a variance. A 46 ft. dock will interfere with many who use this area for rowing, boating,etc. This area is already particularly narrow for those on the water. In addition to a hindrance it becomes a safety issue to navigate around something this large. Thank you for your consideration, Kaye P. Anderson /•f 5291 Sand Dollar Lane Naples, FL 34103 From: Sent: Tuesday, August 16, 2016 3:55 PM To: Subject: Petition No. BD-PL20150002584-Gordon and Barbara Kellam Please be advised that I strongly disapprove the dock extension requested by the above-named owners. In my opinion,the extension will be both unsafe (too long a protrusion) and unsightly. Thank you for your letter and subsequent discussion of this matter. I look forward to reviewing any further correspondence regarding this petition. Sincerely, Veronica E. Walton August 16,2016 Mr.Daniel Smith Principal Planner Growth Management Division Planning&Regulation 2800 North Horseshoe Drive Naples,FL 34104 Re: Petition NO.BD-PL20150002584 Gordon&Barbara Kellam-26 foot Dock Extension Dear Mr. Smith: The Nature Pointe Subdivision consists of 20 residential homes located on the Golden Gate Main Stem Canal (the "Canal"). Our subdivision is situate downstream and contiguous to the Landings at Bear's Paw subdivision (the "Landings"). Our Association is opposed to the changes requested in the Kellam application. The Canal exists and operates under the authority and terms of the originating easements as Identified on the respective Nature Pointe's and Landings' subdivision plats. The HOAs for each subdivision own the abutting and underlying canal bed and adjacent banks. Curiously, as the fee owner of the underlying real estate, has the Landings' Homeowner Association joined in/consented to the application?Our Association would never consent or approve such a request. If approved, the proposed dock construction will extend almost to the center of the canal. I assume the rationale for the extension is to accommodate an oversized vessel which exceeds the mooring limitations of the current lot configurations.Assuming that what is fair for one is fair for all,the new permitting standard will allow docks to occupy much of the canal space heretofore reasonably required for navigation within the canal. Multiple extended docks on opposing sides of the canal bank will leave little room for vessel navigation. Aside from the restricted navigation issues, the Landings' permitted construction required alterations to the abutting canal banks. Unfortunately,these changes along with the normal mandated removal of exotics are potentially resulting in downstream shoal buildups in certain of the canal areas within our subdivision.The shoal buildups have accelerated since the Landings canal bank construction changes,and several of our homeowners are experiencing access issues in and out of their docks. Our concern is that these expanded docking facilities will accentuate the downstream shoaling issues which we are now experiencing. That said,a second HOA primary concern relates to the increased wake activity from the larger boats impacting the shores abutting the conservation easement areas within our subdivision.The large exotic Australian pines are soon to be killed and removed. Once removed, the shore banks will lose the root structure which has to date been a significant factor in the stabilizing the shore banks. Our ....,..�11 « oar ud(d ne lb root Dock Extension Page 2 concern is that the larger number and size of vessels using the canal will accelerate the inevitable erosion issues. Notwithstanding the canal is designated as a no wake zone,given the travel distance to open waters, the posted no wake speed zone signs are all too often either ignored or redefined in the boater's mindset of something less than a full plane. Our HOA is currently in a dispute with the County over the maintenance obligations arising from the use and operation of the Canal. Until these issues are resolved among the County, the HOA land owners,and the vessel operators, our HOA respectfully requests the denial of these type applications. Kindest R s , / John P.White,President Nature Pointe Homeowner's Association, Inc. Nature Pointe Homeowners Nature Pointe Board of Directors August 15, 2016 Daniel Smith, Principal Planner Growth Management Division Planning and Regulation 2800 North Horseshoe Drive Naples, FL 34104 Subject Petition Number PL-20150002584 Dear Mr.Smith, I am a member of the Bear's Paw Country Club and own a residence that is separated form Vineland Way at the Landings at Bear's Paw by the fairway and green of the Club's second hole. I am also a long-term member of the Rowing Association of Naples and have rowed the Gordon River and canal from the bay to the weir many times. In my opinion, it would be a serious mistake to extend the dock extension of Lot 21 to 46 feet as proposed in the subject Petition. The canal Is narrow now and requires great caution by rowers, canoeists, and operators of motor graft using it. To permit extension of dock protrusion to 46 feet would create unacceptable risks of collision with the dock as well as narrowing the passage and interfering with the safe flow of traffic. For these reasons I appose approval of the Petition and respectfully submit It should be denied. Very truly yours, David M. Curry 9- AreLy.,,,/07 10-voll fl. ' 4 J r,0 61043....3A.c. 0.L.0'or. - ': 4,..., ._ .." ,..k 4 'e4r i,- 2E- 37,cit t: So 1,7 Pa tii.--A- #8oe -,L cow5e3c)c4kreli EA.,.,,A,......- i.i.- ,0-4 A nl.r01610 dbi 4.16 teC4 /e11044), AO i pt5S. c., c 6 1t:ate*3 i -Z. Art I),'-'-/ 12,e44-Ars "r tycs PP'S An'y * 1 ..... ,1 e 3 "'s iv 16- Ci.se*Aat tt-Pie le/4,A-1 • I itti'i ,kc /4 et e dr i-ed k rste-A-;.13 /0/e*N67274" ?LI tt ir..... ., i'hiote/i.c.• ,7., /tc. Lc- ,4 itit.4,1,.?4, A. Noisid, <....... ....v..., 1 . • 4,' '. • 7/ 1.,,,,a, August 13,2016 1045 Silverstrand Drive Naples Florida 34110 Growth Management Division Planning and Regulation 2800 Horseshoe Drive Naples,FL 34104 Re. Petition#BD-PL20150002584 Dear Examiner: As a member of the Rowing Association of Naples,I am writing to protest the Petition for Variance named above. Extension of the dock as requested will allow it to extend nearly to the middle of the river. The river supports a large amount of powered boat traffic. Narrowing the channel will make it difficult for rowers to safely use the waterway in cooperation with powered craft,and will present a collision hazard for all boaters. For these reasons,I urge you to deny approval of the dock extension as requested. Respectfully, /I oseph Hoener August 11,2016 Collier County Growth Management Planning and Regulation 2800 North Horseshoe Drive Naples,FL 34104 Dear Daniel Smith, I am writing in regard to Petition No.BD•PL20150002584. This is the requet to build a 46 foot dock into the canal through Bear's Paw and Coconut River Estates. I am a resident and property owner in Coconut River Estates. This is a primarily residential area of single family homes where many families with children live. The residents here use the canal for recreational boating,kayaking,canoeing,and fishing. The proposed very large dock,and the activity that would ensue would change the character of the canal from the existing family oriented relaxed flavor to a busier more commercial one. Another concern I have is the possible affect on the birds and wildlife living along the canal. There is a large number of birds and more. Kayakers,both local and those in groups from the Conservancy, enjoy seeing the wildlife up close and watching them in their environment. How would this large dock and associated activity affect the birds and wildlife? Has the Conservancy weighed in on this proposed variance? To summarize i am strongly in opposition to this variance. Thank you for your thoughtful attention to this issue. Thank you, C6:5 1/0 Christina Whiteman 2265 Outrigger Lane Naples,FL 34104 cc: Coconut River Estates Community Association To: Growth Management Division Planning & Regulation 2800 Horseshoe Drive Naples, FL 34104 August 10, 2016 Subject : Petition#BD-PL20150002584 Dear Examiner, t support rowing options in our beautiful community and therefore am strongly opposed to this petition. A dock extension of this size will create a dangerous protrusion that will be a severe danger to rowers by creating a potential collision and restricting rowing lanes. Please reject this petition. CtsoetvDaniel 1507 Whispering Oaks Cir Naples, FL 34110 .4.444N 96: 4:No6 Av. q k - w,x 4 3 T1 e ,4K Y. 3 _ a C p qd ,h:.- q ^i,t y 4 ''sem, 'p_' O O .2 4 I! I, N 8 O A ; g :2 3 .. h • as E 1,▪ ,. A 1 119 L I a z e ° A eg ;A� � . ' - t g 16 ,s Al ;` 1gG f .q '0 .r _o sJ " c , ' � g -Ii1 H Hi I• :„ � 4 a1 g 8 a S r_ „gyp 9.? 1 4 54 O g -. Y3 t � A 4o i ilfI Y x Eli Hit lig : II A g E -E rg_ `i !,,, .a.. : &., : ...: g ., c 1 i _ C a 4 IJ mi A N. _ . ' -ir—' 34 , 1 e gks 45 icog q 1 l l Page 1 of 1 From: Larry Brammer[Ibrammer@earthlink.netj Sent: Tuesday,August 16,2016 1:21 PM To: SmithDaniel Subject: Petition No. BD-PL20150002584 I am writing in response to Petition No. BD-P120150002584 requesting a 26 foot variance for a dock extension into the Golden Gate Canal. This extension is more than twice the standard maximum allowed of 20 feet per Section 5.03.06 of the Land Development Code. This extension would significantly impact the use of the canal by all other users including our neighborhood boats and County users such as kayaks, paddleboards,rowers and the Conservancy tour boats. I strongly recommend any dock at this location be consistent with existing docks, most of which have been permitted within the normal 20 feet from Mean High Water Level included the one already constructed at 1656 Vinland Way which is also in Landings at Bears Paw. Larry Brammer Larry Brammer 2361 Longboat Drive Naples, FL 34104 Direct:239-253-8820 Phone: 239-261-2244 Ext. 759 Fax: 239-263-4218 email lbrammer@earthlinlc.net file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Current/Daniel... 9/14/2016 cr..t-sz. . L. .�► serval�7 the auRustixianr August 8, 2016 Growth Management Division Planning and Regulation 2800 Horseshoe Dr. Naples, Ff. 34104 Subject#BD-P1.20150002584 To who it may concern: I row on the Gordon River as a member of the Rowing Association of Naples. I understand that a variance has been requested to allowed a dock protrusion to be built on the river.As a rower this will make it unsafe for rowers to pass each other when there is a restricted space being placed on the river. I would be opposed to a variance. Sincerely, Rev.William Donnelly 5260 28th avenue sw I naples I florida 1 34116 I 239.455.3900 ( fax 239.455.6895 August 9,2016 • Subject: Petition#BD-PL20150002584 Dear Examiner, I have been a member of the Rowing Association of Naples since 2005 and have witnessed several changes along the river,some good,some not so good. The recently proposed change though I feel is actually dangerous. I wish to protest against the subject petition for a dock variance.Allowing this dock extension will jeopardize boater safety. The river is not wide enough at that point to allow 2 rowers to pass from opposite directions. This would be a collision waiting to happen either between rowers,other boaters or into the dock itself. Please keep the river safe for everyone's enjoyment! Sincerely, ii,,,,, 411t4-•- Jodie Lefferts 2655 Magnolia Park Lane#202 Naples,FL 34109 August 14,2016 Growth Management Division Planning&Regulation 2800 Horseshoe Drive Naples,FL 34102 Subject: Petition#BD-PL20150002584 Dear Examiner: I am a member of the Rowing Association of Naples. I wish to protest against the subject petition for a variance. Extension of the allowed dock protrusion will become a severe hazard to rowers and other boats. it will be difficult for two rowers to pass each other from opposite directions. Not only does it restrict rowing lanes,it becomes a likely collision target. Than for y ur consideration. INiE as J.Walker 8537 Gleneagle Way Naples, FL 34120 239-248-1035 August 19,2016 RE:BD-PL201550002584/Boat Dock Extension Attn:Daniel Smith, I am writing in response to Petition No. BD-PL20150002584 requesting a 26 foot variance for a dock extension into the Golden Gate Canal. This extension is more than twice the standard maximum allowed of 20 feet per Section 5.03.06 of the Land Development Code. This extension would significantly impact the use of the canal by all other users including our neighborhood boats and County users such as kayaks,paddleboards,rowers and the Conservancy tour boats. I strongly recommend any dock at this location be consistent with existing docks,most of which have been permitted within the normal 20 feet from Mean High Water Level included the one already constructed at 1656 Vinland Way which is also in Landings at Bears Paw. All the docks along Golden Gate Canal should be consistent with each other to allow all the homeowners in the area the use of the canal not just a few. Thomas and Diane Cannon 2151 Outrigger Lane Naples,Florida 34104 Page 1 of 1 From: Angelika Dean[jakkdean@comcast.net] Sent: Thursday,August 18,2016 9:47 PM To: SmithDaniel Subject: Petition ND BD-PD20150002584-Letter of Objection Attachments: Letter of Objection-Bears Paw Dock.docx Mr.Smith; Attached please find out letter of objection to the proposed Dock Extension variance. Thank you. John&Angelika Dean 1973 Gordon River Lane;Naples,FL 34104 � II I II � I file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Current/Daniel... 9/14/2016 John and Angelika Dean 1973 Gordon River Lane Naples,FL 34104 August 15,2016 Mr. Daniel Smith Principal Planner Collier County Growth Management Division Planning and Regulation 2800 North Horseshoe Dr Naples,FL 34104 RE: BD-F120150002584(Gordon&Barbara Kellam Dock Extension) To Whom it May Concern' I am writing in response to Petition No. BD-PL20150002584 requesting a 26 foot variance for a dock extension into the Golden Gate Canal. This extension is more than twice the standard maximum allowed of 20 feet per Section 5.03.06 of the Land Development Code. Allowing an extension of this size would significantly impact the use of the canal by all other recreational users by limiting the ability to navigate the canal. In addition, we have already experienced significant shoaling along portion of the Golden Gate Canal as the result of the new construction at Bear's Paw Landing,most significantly at the point where the new Bear's Paw Landing Development meets with the Manatee Pointe Condo and Nature Point parcels. This shoaling seems to have occurred primarily as a result of the new construction and removal of vegetation along the banks of the Golden Gate Canal where the new Bear's Paw Landing development is being built. Adding a dock with such a significant variance to what is the standard maximum could further impact the water flow of the canal and create problems for other users of this canal. I strongly recommend any dock at this location be consistent with existing docks, most of which have been permitted within the normal 20 feet from Mean High Water Level included the one already constructed at 1656 Vinland Way which is also in Landings at Bears Paw. Sincerely, John and Angelika Dean Residents of Nature Pointe HOA Page 1of1 from: honeygrove@aol.com Sent: Tuesday,August 16, 2016 2:46 PM To: SmithDaniel Subject: petition BD-P120150002584 Dear Mr. Smith I am writing in response to Petition No. BD-PL20150002584 requesting a 26 foot variance for a dock extension into the Golden Gate Canal. This extension is more than twice the standard maximum allowed of 20 feet per Section 5.03.06 of the Land Development Code. This extension would significantly impact the use of the canal by all other users including our neighborhood boats and County users such as kayaks,paddle boards,rowers and the Conservancy tour boats. I strongly recommend any dock at this location be consistent with existing docks, most of which have been permitted within the normal 20 feet from Mean High Water Level included the one already constructed at 1656 Vinland Way which is also in Landings at Bears Paw. I believe that granting this petition approval would set a terrible precedent for any petitions that come after it. I use this waterway on a regular basis and can see no reason that anyone would require a dock of the size being requested. Given the low bridge clearance at Tin City coupled with the extremely shallow water near the water treatment plant I can't imagine any boat over 27 feet using the area in question.Why do they need to construct such a large dock that wilt effectively block a large portion of the river? Jeff Feins 2456 Longboat Drive Naples, FL 34104 file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Current/Daniel... 9/14/2016 Page 1 of 2 From: naples.homes@yahoo.com Sent: Friday,August 19, 2016 12:59 PM To: SmithDaniel Subject: PETITION NO. BD-PL20150002584 GORDON & BARBARA KELLAM To: Growth Management Division Planning&Regulation Land Development Services Frm: 3.Dean&Ellen Mann 2233 Longboat Dr. Naples, FL 34104 Reference: PETITION NO. BD-PL20150002584-Gordon and Barbara Kellam request a 26-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code,for a total protrusion of 46 feet,to accommodate a new docking facility for the benefit of Lot 21,Landings at Bear's Paw,also described as 1688 Vinland Way, in Section 35, Township 49 South, Range 25 East, Collier County,Florida. I hereby submit my protest against this petition. The proposed dock would extend half-way across the canal. Construction of this dock should comply with all current building regulations and no variations should be allowed. This proposed dock would impede navigation and be a hazard to boaters, including The Conservancy, using the canal. This impediment would be especially dangerous to those who navigate the canal during hours of darkness. The proposed dock would also present a flood hazard during storms. There are many stonn surges that raise the water over existing seawalls. The dock would catch debris washing down the canal which would form a dam that would add to the probability of major flooding. Areas most prone to flooding are areas near canals-especially those areas with elevations of less than 10 feet above mean sea level. The base flood elevation at our house is eight(8)feet. Further,as almost all vegetation behind Bears' Paw to the Landings at Bear's Paw has been removed -from the weir west to the end of the canal-there is no vegetation left to stabilize the bank. This will, ultimately,result in catastrophic erosion and degradation of the canal banks. This could cause significant damage to the Bear's Paw golf course and the Landings at Bear's Paw. As well as major silt accumulation in the Gordon River which would further impede navigation. It would,also,establish a precedent that would allow all boat docks on the canal to be extended to the same length of forty-six(46) feet. Therefore-this proposal must be denied. J. Dean& Ellen Mann 2233 Longboat Dr. Naples,FL 34104 If you have any questions about the topics discussed, please call us at (239)434-9021 or simply reply to this message. We'll be glad to give you further information,or discuss the matter in depth. file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Current/Daniel... 9/14/2016 Page 2 of 2 www.RealEstateMann.com file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/CurrentlDaniel... 9/14/2016 • 1 • i I Jeff Rogers From: StrainMark <MarkStrain@colliergov.net> 0 Sent: Thursday,August 11,2016 2:17 PM To: Jeff Rogers This is what I found in an email sent by Matt to the applicant: The LDC definition of Mean high-water line(MHW)identifies the intersection of the tidal plane of mean high water with shore as established by per the FL Coastal Mapping Act of 1974 Laws of Florida. Within the state law"mean high water"is the average height of the high waters over a 19 year period;therefore,the County recognizes the original MHW condition as one of the parameters for measuring the boat dock setback. For this particular project,this is the most restrictive measurement. As long as the docks do not protrude 20 feet past that original controlling MHW line,then no BDE is required. The approved PPL plans show this dimension as 20 feet from the controlling MHW line and will suffice for the site review/approval. Please provide a copy of this email along with the building permit application resubmittal. Murk, I 239.252.4446 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic tail to this entity.Instead,contact this office by telephone or in writing. • 0 1 i KELLAM DOCK 0 BDE APPLICATION PL#20150002584 SEPTEMBER 2016 • ) , Prepared by: Turrell, Hall & Associates, Inc. 3584 Exchange Ave., Suite B Naples, FL 34104 (239) 643-0166 0 ATTACHMENT B 9Aty COLLIER COUNTY GOVERNMENT 2$00 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252.6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS IDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock 4111 Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. • 6/3/2014 Page 1 of 7 er Capinty COLLIER CO JN7Y GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B.of the Administrative Code THIS PETITION IS FOR(check one): al DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Gordon & Barbara Kellam Address: 1688 Vinland Way City: Naples State: FL ZIP: 34105 Telephone: Cell: 239-298-2614 Fax: E-Mail Address: Bkellam a@bcbhomes.com or Gordonkellam@yahoo.com • Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave City: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239-784.0081 Fax: 239 643 6632 E-Mail Address: Jeff@turrell-associates.com PROPERTY LOCATION Section/Township/Range: 35 ,49 ,i25 Property I.D. Number: 54490010562 Subdivision: Landings at Bear's Paw Unit: Lot: 21 Block: Address/General Location of Subject Property: 1 688 Vinland Way Current Zoning and Land use of Subject Property: RPUD BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF • ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 $ágContY COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 • www.colliergov.net (239)252-2400 FAX:(239)2524358 ADJACENT ZONING AND LAND USE Zoning Land Use N RPUD Landings at Bears Paw A Golden Gate Canal E RSF-4 Residential Single-Family W i P Gordon River Greenway Park PROJECT Narrative description of project(indicate extent of work,new dock, replacement,addition to existing facility, any other pertinent information): To construct a new single-family docking facility along the man-made portion of the Gordon River. The proposed dock is approximately 521 square feet with one optional boat is t and wit protrude approximately 30-feet from the Mean High Water l ne We are requesting a 10-foot extension from the allowable 2D-feet. Per the approved PUP the land owner is limited on the allowable dock design SITE INFORMATION 1. Waterway Width: • 120 ft. Measurement from ❑plat ❑survey ❑visual estimate ■❑ other(specify) aerial 2. Total Property Water Frontage: 67 ft. 3. Setbacks: Provided: 7.5 a 7.5 ft. Required: 7.5 d 7.5 ft. 4. Total Protrusion of Proposed Facility into Water: 30 ft. 5. Number and Length of Vessels to use Facility: 1. 34 ft. 2. ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are numerous other docking facilities on this waterway to the east and southwest of this property. Alt of which protrude approximately 30'to 50'out Into the same waterway. 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.15 Acres 8. Official Interpretations or Zoning Verifications: • To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes Q No If yes,please provide copies. 6/3/2014 Page 3 of 7 S &9ty COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the 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.) 410 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) S. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 6/3/2014 Page 4 of 7 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.) Response: The total waterfront length for this property is 67ft. The zoning and upland land use Is single family residential which warrants no more than 2 slips per CC-LDC as well as the approved PUD. The current proposed dock design has 1 optional boat slip. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: See attached survey/drawing illustrating the existing water depths. At 20 foot protrusion from the Top of Bank you have approximately 2.1' MLW and are still over the rip-rap. Therefore there is insuffident water depths to moor a vessel or provide safe access to the docking facility within the 20-foot protrusion mark. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: The proposed docking facility will not have any adverse impacts on navigation as it will only protrude 30'from the MHWL into the waterway that is approximately 120'wide from MHWL to MHWL The entire waterway is used for navigation as there are no navigational markers indicating the exact thread of navigation. The proposed docking facility provides adequate space for navigation through this waterway as weii as provides sufficient space for a dock to be built across the waterway from the subject property and still provide adequate space for navigation. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The proposed docking facility protrudes approximately 30' from the MHWL into a waterway that is 120'wide from MHW to MHW. The proposed dock protrudes approximately 25% into the waterway and therefore as proposed the dock does meet this criteria. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not iierfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide 7.5' setbacks from both property/riparian lines. The approved PUD for the Landings at Bears Paw development only requires 7.5' setbacks for a docking facility that is parallel to the shoreline. The dock design and location has been designed to be located within the required setbacks, provide safe access with a vessel and not interfere with any future neighboring docking facilities that maybe constructed. I O CiatintY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 • www.colllergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) 2 Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include • type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) Response: The proposed dock facility was primarily governed by the County guidelines and the approved PUD for Landings at Bear's Paw. The one special condition that has affected the overall proposed dock design was the relatively high Top of Bank elevation and the associated large rip-rap shoreline. Due to this condition the proposed access walkway portion of the dock needs to protrude further out into the waterway in order to decrease the access walkway's slope and reach adequate water depths. The other restrictive condition written within the approved PUD documents only allows for the proposed boat slip to be parallel to the shoreline. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unioading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) Response: The proposed dock facility has been minimized from the original design in order to meet the County dock building guidelines as well as to be within the 25%width of waterway. The proposed design still provides adequate and safe access to and from the vessel while still allowing room for other recreational use like fishing and kayak/paddle board storage on the dock. 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.) • Response: The proposed dock facility has been designed to only moor one vessel up to 34-feet which Is greater than 50%the subject property's linear waterfront footage. Therefore this criteria is not met. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The proposed dock facility will be one of the first of potentially 11 other single-family docking facilities allowed to be constructed along this shoreline. The proposed dock has been designed within the designated setback area as outlined in the approved PUD document for this development. The proposed docking facility design is consistent with others on this waterway and will not affect neighboring properties view of the waterway. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (if seagrass beds are present,compliance with WC subsection 5.03.06 I must be demonstrated.) Response: There are no seagrass beds present on the property nor the neighboring properties within 200'of the existing dock structure. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 410 Response: The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. ooeT county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: (� Dock Extension ❑ Boathouse Chapter B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 6 ❑ El Signed and Sealed Survey ❑ _ El _ n Chart of Site Waterway ❑ ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall,or rip-rap revetment); • Configuration, location,and dimensions of existing and proposed 6 [1 [] • facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. �- Af idav , signed and notarized 1 ❑ ❑ Complete sin°Checl 1 ❑ ❑ Electronic copy of all required documents 'Please advise: The Office of the Hearing Examiner requires all materials 1 n to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. S 6/3/2014 Page 6 of 7 9j9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 • www.coiliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: T❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-in Sheet _____ Addressing:Annis Moxam Graphics:Mariam Ocheltree ^ City of Naples:Robin Singer, Planning Director Historical Review ri❑ Comprehensive Planning:See Pre-Application 0 Immokalee Water/Sewer District: Meeting Sign-In Sheet ❑ ` Conservancy of SWFL:Whole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ i Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock • ❑ Engineering:Alison Bradford 0 Transportation Planning:John Podczerwinsky I0 Other: 0 Utilities Engineering:Kris Vanlengen FEE REQUIREMENTS: Boat Dock Extension Petition:$1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. • As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. / fi;, . rt"--t-- qtr a Sign turof PeCftioner or Agent Da e i S 6/3/2014 Page 7 of 7 ADDRESSING CHECKLIST Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colIiergov.net (239)252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to ,.ddressing@cott+ergov 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 sinned 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) 0 SDP(Site Development Plan) EJ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal& Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) LANDINGS AT BEAR'S PAW Lot 21 35-49-25 FOLIO(Property ID)NUMBER(s)of above (attach to, or associate with, legal description if more than one) 54490010562 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 1688 Vinland Way, Naples, FL 34108 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Kellam Single Family Dock PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# • 1200C/ Cotter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coltiergov.net (239)252-2400 FAX (239) 252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑• Email ❑ Fax 0 Personally picked up Applicant Name: Barbie and Gordon Kellam Phone: 239-643-0166 Email/Fax: tuna@turrell-associates.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. 110 FOR STAFF USE ONLY Folio Number D4490010562 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: n r,.. / Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE 1111 UPDATED OR NEW FORM SUBMITTED I AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, ti)or Iyl A! Il CL L 4/' \ (print name),as (title,if app le)of (company.If a licable),swear or affirm under oath,that I am the(choose one)ownerrappliicart(contract purchaser land that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The properly will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed.N the approved action. 5. Well authorize IFH- Rat-)ret, }#/911 Ian(. to act as our/my representative in any matters regarding-this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation,then it fs usually executed by the corp.pies.or v.pies. • N the applicant is a Limited Liability Company(LLC.)or Limited Company(LC.), then the documents should typically be signed by the Company's'Managing Member.. • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identlied as the'general partner"of the named partnership. • If the applicant is a tout,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, corporata, trust,partnership, end then use the appropriate format for that ownership. 11110 Under penalties of perjury •eciare that I have read the foregoing Affidavit of Authorization and that the facts stated In It are tr: Sign 1446, A.7 vale STATE OF FLORIDA COUNTY OF eowER+.-EL �l The foregoing instrument was sworn to(or affirmed)and subscribed before me on 14/7. /41,274/ (date)by l�O•r _re//4: _..(name of person providing oath or affirmation),as S I ti� who' ly known, to meter who has produced (type of Identification)as identification. . VAMP/SEAL Ignature of •ta Public `A 10110111.At* R$1;Isel e eI klatyeeeaapessi415.019 ('P10e-4 OOA-01111511 ii REV 3/14/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) • I, icaCt- —el�Q1v1 (print name),as (title,if app cable)of (company, If a licable),swear or affirm under oath,that I am the(choose one)ownern �i applicantcontract purchaserAand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed b approxi action. 5. Well authorize r s&S to act as our/my representative in any matters regarding this Ilion including 1 through 2 above. 'Notes: • if the applicant is a corporation, then it is usually executed by the corp.pies. or v.pees. • If the applicant is a,limited Liability Company(LLC.) or Limited Company(LC.), then the documents should typically be signed by the Company's'Managing Member." • If the applicant Is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner'of the named partnership. • if the applicant is a trust then they must include the trustee's name and the words'as trustee' • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In It are true. hikbol\ft te.4.uoutA II Is' too Signature Date STATE OF FLORIDA COUNTY OF COLLIER TXoregoing instru nt w s s+y9Qm to(or affirmed)and subscribed before me on /Lr'I(p (date)by r'Ai �) KC,LIOfrhyl. (name of person providing oath or affirmation), as who is personally known two m or who has pr uced • (type of identification)as identification.^ STAMP/SEAL Sign t of Notary ublic Con scion FF 1830MARYANN 90NN�1 I = A 15 '- Expo Juy 28,2018 Ural Tbu Tar soli Mrwnp MWeNOU • CP108-COA-001151155 REV 3123/14 UPDATED EXHIBITS 0 • _.. sty.( _ .t est & W 3 # ` b . a g w 3 ; c .s. 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Olt LIO)631 �lr\II it 0 a' Favi ; Q h 2 1 tea, Q Q � . = iiIiIIfX &'O ) .• Gi'C . _El. ligir ---JH 7. ._ a s z05 ( f X p w I `, n''.O6DS 34e4am deckICAMSHEFTWFRMIT.STAT[.050.5.3 KEll AM STATE.dwg SECTION 5+!3,20°6 Z ,-* Vis. 1V/ 1 } C • . < i 7-")X*3.."''') ? '-' \ X 1 e i Ir h,�;+t YNIw 0_ 2 c a3 o 18 • n d K Ge S l2 ' . •"94C. \:,,,,, ,p - nCI iI11kn "9 m w i F \ gl. `ib 0 \ ...."..\(- J 0Z U DZ • : 1)L;b: -1: , - 1-e' C./)8 0, ,.,,,, 2 U 0. O a -...1 0, 0 9,0- 9-\-) - - y Z V' -3 — .00 .:x. dgvi Z N W �z wco ct iy .? O t c..'ci' v c � ' °-. o Q 7� ; z\ caU_ ` I `r'Rt9 .- rc - 2 � Q ;, eaw '' 3 I" • • =� Z , 0 r.',060S 3.k.lam doovCAD\SNEE1<PFRMIT,STATE+.06053 KEL:AM STATF Axp EXISTING DOCKS IN CANAL 5+13I20fl6 DEP/ALOE PERMIT I I I Rick Scott DePart •, Florida Department of Governor e.a . °. Environmental Protection Carlos Lopez-Cantera • Lt.Governor ` Bob Martinez Center • ~ .� 2600 Blair Stone Road Jonathan P. Steverson "'font.% ,'°� Tallahassee,Florida 32399-2400 Secretary SELF CERTIFICATION FOR CONSTRUCTION OF A PRIVATE, RESIDENTIAL SINGLE-FAMILY DOCK Self Certification File No.: 0339559001EE File Name: 1688 Vinland Way Naples, FL 34105 - Self Cert Exempt Dock with Boat Lift(s)(General) Dear ARIELLE POULOS: On, 11/12/2015, you used the Department's electronic Self Certification Process to certify compliance with the terms and conditions necessary for construction of a private, residential single-family dock, at a detached,single-family residence located at: LAT-Degrees: 26 Minutes: 10 Seconds: 1.0379 LONG-Degrees: -81 Minutes: 46 Seconds: 51.9083 SITE ADDRESS: 1688 Vinland Way Naples, FL 34105 COUNTY: Collier For: Gordon Kellam 2449 Pinewoods Circle Naples, FL 34105 You have certified that the dock you propose to construct at the above location meets all the conditions of the Self Certification Process. A dock that is built in conformance to those conditions(attached for reference) will: 1. Qualify for a regulatory exemption under Part IV of Chapter 373 and Section 403.813(2)(b)of the Florida Statutes,and Chapters 62-330. and 62-343 of the Florida Administrative Code(F.A.C.). As such, it is exempt from the need to obtain a DEP Environmental Resource Permit. 2. Qualify for a consent by rule to use submerged lands under Chapter 253 of the Florida Statutes and Chapter 18-21 of the Florida Administrative Code, when the dock is located on submerged lands owned by the State of Florida. Your Self Certification is based solely on the information you provided under this process,and applies only to the statutes and rules in effect when your certification was completed. The certification is effective only for the specific dock proposed, and only if the dock is constructed,operated, and maintained in conformance with all the terms, conditions,and limitations stated in the Self Certification Process. In addition, any substantial modifications in your plans should be submitted to the Department for review,as changes may 110 result in a permit being required. You have acknowledged that this Self Certification will automatically expire if: 1. Construction of the dock is not completed within one year from the self certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self Certification constitutes your authorization for Department personnel to enter the property for purposes of inspecting for compliance. Receipt of this Self Certification constitutes letter of consent required by rule 18-21.004(7)F.A.C. ADDITIONAL INFORMATION This Self Certification Process does not relieve you from the responsibility of obtaining other permits or authorizations from other agencies(federal, state, Water Management District, or local)that may be required for the project. Construction of the dock may require federal authorization. The Corps has been furnished a copy of your Self Certification letter. They will contact you with further information about their process. If you do not hear from them,please contact them directly. Jacksonville District contact information can be found at: hi:p. ++w,+++ saj.usace.army.mit'Missions!Regulator\.asp:,. Failure to obtain all applicable authorizations prior to construction of the dock may result in enforcement. • If you have any questions,please contact your local Department District Office. Contact information can be found ai: hn ) v,\N\\ ctcl, ,,Z: r :.I O. t+ater +.+e hands doessic, cri:aet,. ppol. When referring to your project, please use the Self Certification file number listed above. Sincerely, Florida Department of Environmental Protection Enclosures: Single Family Dock Criteria General Conditions for Soverignty/State-Owned Submerged Lands Authorization Manatee Conditions Private residential single family docks are subject to the following criteria in accordance with Section 403.813(I)(b), F.S. The dock to be constructed: I. Has 1,000 square feet or less over water surface(includes adjacent wetlands) in accordance with Chapter 62-340, F.A.C.; 2. Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging other than that necessary to install the pilings; 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard; So 4. Is used ONLY for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia; 5. Is the sole dock on the parcel;and 6. Must not be subject to any conservation easement or restrictive covenant of record prohibiting the activity. Boat lifts are subject to the following additional conditions: 1. Is to be installed in an existing slip or,at or adjacent to the waterward end of the dock; 2. With other mooring will not result in the mooring of more than two vessels(including jet skis); 3. Will not be located in areas prohibited for mooring by a previously issued permit or other form of authorization issued by a local government; General Conditions for Soverignty/State-Owned Submerged Lands Authorization Any use of sovereignty/state-owned submerged lands is subject to the following general conditions that are binding upon the applicant and are enforceable under Chapters 253 or 258, F.S.: 1. Sovereignty/state-owned submerged lands may be used only for the specified activity or use.Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation.Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the satisfaction of the Board of Trustees of the Internal Improvement Trust Fund(Board). 2. Authorization under Rule 18-21.005,F.A.C.,conveys no title to sovereignty/state-owned submerged lands or water column,nor does it constitute recognition or acknowledgment of any other person's title to such land or water. 3. Authorizations under Rule 18-21.005,F.A.C.,may be modified,suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04,F.S. or Chapter 18-14,F.A.C. 4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. 5. Construction,use,or operation of the structure or activity will not adversely affect any species which is endangered,threatened or of special concern,as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005,F.A.C. 6. Structures or activities will not unreasonably interfere with riparian rights.When a court of competent jurisdiction determines that riparian rights have been unlawfully affected,the structure or activity will be modified in accordance with the court's decision. 7. Structures or activities will not create a navigational hazard. 8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. 9. Structures or activities will be constructed,operated,and maintained solely for water dependent purposes. 10. The applicant agrees to indemnify,defend and hold harmless the Board and the State of Florida from all claims,actions, lawsuits and demands in any form arising out of the authorization to use sovereignty/state-owned submerged lands or the applicant's use and construction of structures on sovereignty/state-owned submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 11. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any provision of the authorization will not invalidate the provision not enforced or waived,nor will the failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a future violation of that provision. 12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization,the authorization may be terminated by the Board after written notice to the applicant or its successors or assigns. Upon receipt of such notice,the applicant or its successors or assigns will have thirty(30)days in which to correct the violations.Failure to correct the violations within this period will result in the automatic revocation of this authorization. 13. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board in writing of any change of address at least ten days before the change becomes effective. 14. This authorization does not allow any activity prohibited in a conservation easement or restrictive iliocovenant of record that prohibits the activity. Manatee Conditions The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: 1. All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones,and the need to avoid collisions with and injury to manatees. The permittee will advise all construction personnel that there are civil and criminal penalties for harming,harassing, or killing manatees which are protected under the Marine Mammal Protection Act,the Endangered Species Act, and the Florida Manatee Sanctuary Act. 2. All vessels associated with the construction project will operate at"Idle Speed/No Wake"at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom.All vessels will follow routes of deep water whenever possible. 3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled, will be properly secured,and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels,must be shutdown if a manatee(s)comes within 50 feet of the operation. Activities will not resume until the manatee(s)has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. 5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach(1-772-562-3909)for south Florida. 6. Temporary signs concerning manatees will be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project.Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission(FWC) must be used(see MyFWC.com).One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1/2"by 11" explaining the requirements for"Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. 4 4 Corti County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 110 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes ==" Petition Type: BDE (Boat Dock Extension)^ -.°'�� .� Tuesday, December/62015 015 at 9:00 ._ :_•----------T11141� ''F Date and Time: y �.:=-e Nancy Gundlach Assigned Planner: Engineering Manager(for PPL's and FP's): Project Information I Project Name: 1688 Vinland Way PL#: 20150002584 Property ID#: 54490010562 Current Zoning: The Landings at Bears Paw Project Address: 1688 Vinland Way City: Naples State: FL Zip: 34108 Applicant: Turrell, Hall & Associates I Agent Name: Jeff RogersPhone: 239-643-0166 10 3584 Exchange Avenue Naples FL 34104 Agent/Firm Address: g City.. p State: Zip.. Property Owner: Barbie and Gordon Kellam I Please provide the following, if applicable: i. Total Acreage: ii. Proposed#of Residential Units: 1 iii. Proposed Commercial Square Footage: N/A iv. For Amendments, indicate the original petition number: f?-7.0.—m_..2()(2_— 2(1)5 v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: Ordinance number 13-66 . vi. If the project is within a Plat, provide the name and AR#/PL#: • 1 kat ?A/C) 5(0 r19,6 54 Ca J • Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes O✓IA17 P ,nee SUBMERGED RESOURCE SURVEY 41 KELLAM RESIDENCE 110 1688 VINLAND WAY NAPLES, FL 34105 SUBMERGED RESOURCE SURVEY MARCH 18,2016 PREPARED BY: >441* TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 KELLAM RESIDENCE SUBMERGED RESOURCE SURVEY MARCH 24,2016 1.0 INTRODUCTION11 The Kellam residence and associated proposed docking facility is located at 1688 Vinland Way, identified by Parcel Number 54490010562. The property is just south of Golden Gate Parkway, just west of the Gordon River Greenway property, bound to the east by a Bear's Paw utility buildings, and bound to the south by the Gordon River. The property is located in Section 35, Township 49 South, and Range 25 East. The upland portion of the property is a single-family residence. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project. The proposed project consists of constructing a single-family dock along the Gordon River. The SRS survey was conducted on March 18, 2016. Light southeast winds, mostly clear skies, and a high tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 71°F. Low tide occurred at 4:43 A.M(-0.4')and high tide occurred at 12:10 P.M (2.0')on the date of the survey. 2.0 OBJECTIVE The objective of the submerged resource survey was to identify and locate any existing submerged resources within the limits of the proposed project. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell, Hall &Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). 4111 Page 1 of 3 KELLAM RESIDENCE SUBMERGED RESOURCE SURVEY MARCH 24,2016 3.0 METHODOLOGY 111 Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10-feet apart as shown on the attached exhibit. The adjacent properties have a few existing docks which provided easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. One biologist swam these transects using snorkel equipment where needed within the surveyed area. The other individual assisted with compiling notes and documenting 110 findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area included two distinct classifications; silt sand with shell debris and just silt/muck material scattered throughout. These substrates were found scattered throughout the entire surveyed area. There was also scattered shell and numerous rip-rap rocks scattered along the property shoreline. The shoreline consisted of a rip-rap shoreline which provides habitat for fish, crabs, and some barnacles, growing on and around the rocks. The majority of the survey area exhibited a silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within the Gordon River as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. Page 2 of 3 KELLAM RESIDENCE SUBMERGED RESOURCE SURVEY MARCH 24,2016 Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 —Observed Fish Species Common Name Scientific Name mangrove snapper Lu Janus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis 5.0 CONCLUSIONS The submerged resource survey at the site yielded few findings. A few barnacles were observed growing on the rip-rap shoreline. The subject property shoreline consists of scattered rip-rap rock which provide natural cover. The rip-rap area was where all the observed fish species were located including: Gray Snapper (Lu Janus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), and a few Common Snooks(Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility installation. 4 Page of - I Y SURVEY BOUNDARY LU cc a. #, „' Cp C'S as � 5 i 1 7 W lei t m a la Lec3 <71 Vii. o2�i 5 E- 1 <Ca 0) 1265 ; 61 $ tg geS t� 2 Z � 1 jj � _ . Is (3 mgt LU Q i V� U O f3 "z.t gas a U ,i. -i Ii_ t ii I, 1 a i II !I .5i al;ggil i il s s= � s is n .1111 zf$ g2 1 i L d I .iiv g: 'ill/ !Li ti!iii i- a is ,$ ` W" „iy1 .. .,# 3 o " 8S < >9 <°i! Y � _ m Z o..I y 7 3 z 3>. w4Z- tl E /1;1!. 41 1 ili_ ii o X§ ':// 52 Z$il ! iiliiligi: 4 ; 3-11.1 F Ulili 1ILt 3 IIIII11 • L11 ci 111111 t • i1i1iIliit 121:1;§i i$ hixax w lisq Ili. i 1;i; hie! 11 it lli Laill Iiii ri i !;rg' iirg5 !I ; i i gil 111111 Itil i Xii 4 oa \ 40 \\ \ qgQ1s ,� 0 U�UNiS \----C-----r . v, -� \ Iy� tY \\ \ �(S 7 b1 / R \ F- \(7 O WWw°�,y �V '`, \ R6 E \ o ..1.1,itt47\:\\\\. \Is \ ... i \ ki i 1+:41. W. C)°1 \‘kt9A\\\\\\*.\ ,i 1 ....,,,\ 1. 1 1 4 aI t '3.1A4.i14,11,lit\ O •7 o Ni• . � ' 3ti yd o \ • C O W`` U , N LL II o 1 N W 0 Q CI. I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I \ \ \ \ \ \ I \ \ \ I �` \ \ \ M \ cA co a A 4 tR \ \ �. cl E ?` r\\ \ I1 � O. A 41 \\\ \\ \ cn \ \ on a. \ \\ \\ \ \ el ..\ \\, O �' X \\\ \\, i \ \ \\ N 4 \ \\\\ . \t_. . ‘0. SR ...F. \ • '')1 et \\ 00 \ \\O\\ \\ NSR X \\\ 4-1,,d6� d \\ \ \ .r. ' . Y XS. 00 \ \ \\ \ \ 'l.•c; ' 1, \ :� \II a. \ \ \\ \ \ \ \, rcfl\ \ \\ \ \ 2 S \ \ o w F O9\91,1,1 Z t�1g6'O "� 4 \,\21000�Pl o w • N p II co w .-- p I N Q z E— U n U) x O ( 2114 ) IndJ I AGENDA ITEM 4-B Cottier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 22.2016 SUBJECT: PETITION NO.: PDI-PL20160000927, PAVILION LAKE PUD OWNERIAPPLICANT: AGENT: Pavilion Club Condominium Association, Inc. D. Wayne Arnold,AICP 806 Gulf Pavilion Drive Q. Grady Minor&Associates, P.A. Naples, FL 34108 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Pavilion Lake Planned Unit Development(PUD)(Ordinance 87-41.as amended)to allow the following change:to permit the perimeter wall to have a maximum height of eight feet, instead of the maximum of six feet currently permitted by the PUD. GEOGRAPHIC LOCATION: The subject property consists of 15.67± acres and is currently developed with residences and accessory structures.The subject site is located in the northwest quadrant of the intersection of Vanderbilt Beach Road and Tamiami Trail North.in Section 33,Township 48 South,Range 25 East,Collier County,Florida.Activity Center Number 5 abuts the subject parcel to the south. PURPOSE AND DESCRIPTION OF PROJECT: The Applicant wishes to amend the Pavilion Lake PUD to change Sections 3.4.4.A and 3.4.4.B of the PUD to permit a maximum perimeter wall height of 8 feet. The current maximum wall/fence height is 6 feet. This constitutes an insubstantial change to the PUD.The petitioner proposes to replace the existing 6-foot tall chain link fence with an 8-foot tall masonry wall. PDI-PL20160000927;Pavilion Lake PUD Page of 8 September 22.2016 HEX Revised:8-30-2016 / i ` --.f / U ;x'06 �r� �B 6B ��dd7 , Eza + al `. a 1 �6r 6Ep. , ems ez A i .._ 1 1I I i r 1 n ,,. a v tir Q s. , I ` .1"MBLE4 '' alma IMO ' IMO '11 �. s® era us r D =rill-7;___,j cm moms tam= maga • am CI- CV m mad r� T 2 of M® asas o ® ,(�' r..- �11�0 • �E IOC �® $ ibit • mama oo r �� so um El r- Mill= a • Sill os • , f , am •• 1� M I • �sI - 0\ . ® a i 0 .. ., • MIMI • imegmm:Aill 0 • ' a.m.._ a i * \ . . s s� moor mis W V r Q �° ) afWI! . 1111,111111111 011111111 nu II 0 mau o : an L o 0.,,.a ■ ..® ' oasMI "IN II mn 1111totejub. •, `� -0 CL o 1 Z ro L. U EN I Ir Z a N C3 O o4= R. iiicc Ls= CN ----- N Oa Huey-d-8491P000 ) o E 0 0 Q N J CO a 2 ca 00 N-ail Iwe!wel cv 4 0 0 CIS __......... ...#1:1" a - a o Z, z Co N 7! V o m r WF- 40 0 v VJ crcu Ir 0 wi )30 IiicpapueA QL_ �D A d mCj Shore R 6 E 7 • mmiiiiiii► U 0 0 d * - d 8 ¢ -' T 8 W E 4V z M 1 a. . Q ° ^� 1- w wx � Wj 92 _ 'f,k } r ME a F 1 s 1 $;R U i.J ec X34 1 I aJ „ t;a I .31 / -,1. � � '.- / iT:Ty ' � I ff i a $ fit 111 y i I 1 ,--.0 --i- '2 1 ., CE I 3 a Oil 4 W a .11 ow it:;410 1 , ' 1 1 1 i r".ii i ti ` „v.-J. o; 9 S I E • l e /, ' 1 y ' as r: 7..'', ver ,i 7-,ra / \: ✓'( f e.,_$a'--.&\,‘Z"-` .._fey ,,' r,� /r n SURROUNDING LAND USE AND ZONING: Subject: Pavilion Lake PUD; density: 10 DU/A. North: 91'Avenue ROW,across which is the Naples Park subdivision; density: 6±DU/A. East: A developed commercial tract,zoned General Commercial(C-4); intensity:per LDC Section 2.03.03.D; and Tamiami Trail North ROW, across which is developed commercial, zoned Mercato MPUD: intensity: 395,000 SF of retail. South: The Pavilion PUD,within Activity Center#5; intensity: per Ordinance 84-51 (Pavilion PUD). West: Beachwalk residential community;zoned RMF-6;density: 6 DU/A. • r 1^ M�'',A.1 • lit. / #*1-* ''/II iil 1 ' .'' ! ' • \ , '�" i `+ � I y � s Y y • p • < ii ...., } �w _- l ' 4.ky* -Vii' ! 4, ,,-. e... 1�, ad; •r e� r�. j q I _t3''* e r Y .1.)'r h w c ' 4.6.1111P1 i ',e• .. .�'"''"'. • Pavilion Latae PUD(CCPA) Illk ' • i ;� �R• r w- t �� #. .. „..11.4% -moi tji 1 { -x , Existing fence along 91'Avenue North(Google) PDI-P1.20160000927:Pavilion Lake PUD Page 4 of 8 September 22,2016 HEX Re%ised:8-30-2016 ANALYSIS: The subject site abuts Activity Center Number 5 on the Future Land Use Map of the Future Land Use Element of the Growth Management Plan. The proposed change will have a minor effect on abutting properties by increasing the maximum height of the wall. 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: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No,there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. The proposed height increase is for the perimeter wall only. c. Is there a proposed decrease in preservation,conservation,recreation,or open space areas within the development in excess of five(5)percent of the total acreage previously designated as such,or five(5)acres in area? No,there is no proposed decrease in preservation,conservation, recreation,or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional,commercial and industrial land uses(excluding preservation,conservation or open space),or a proposed relocation of nonresidential land uses? No,the proposed amendment is to add two additional feet of height to the perimeter wall. e. Is there a substantial increase in the impacts of the development which may include,but are not limited to increases in traffic generation;changes in traffic circulation;or impacts on other public facilities? No,there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed change will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. PDI-PL20160000927:Pavilion Lake PUD Page 5 of 8 September 22,2016 HEX Revised:8-30-2016 g. Will the change result in a requirement for increased stormwater retention,or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed change will affect the height of the perimeter wall;however,no negative input from neighboring properties was received. 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 modification is in compliance with the Future Land Use Element of the Growth Management Plan. j. The proposed change is to a PUD District designated as a Development of Regional Impact(DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec.380.06(19),F.S. Any change that meets the criterion of Sec.380.06(19)(e)2.,F.S.,and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Pavilion Lake PUD is not a DRI, so this criterion is not applicable. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s)any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above,the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? (Rezone Findings are attached to this Staff Report as Exhibit"A".) No, the change proposed does not affect the original analysis and rezone findings. (Ordinance 82-2, the Collier County Zoning Ordinance, Section 14.4, required the Planning Commission to consider Rezone Findings only,not PUD Findings.) Deviation Discussion: The petitioner is seeking approval of a deviation from the requirements of the LDC. The deviation is listed in the PUD document. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: PDI-PL20160000927:Pavilion Lake PUD Page 6 of 8 September 22,2016 HEX Revised:8-30-2016 It is further the purpose and intent of these PUD regulations to encourage ingenuity,innovation and imagination in the planning,design,and development or redevelopment of relatively large tracts of land under unified ownership or control.PUDs... may depart from the strict application of setback, height,and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished,and while protecting the public interest... Please see attached Deviation Justifications provided by the applicant. Deviation 1 —A deviation from Section 5.03.02 of the Land Development Code,Fences and Walls Excluding Sound Walls, which allows properties in residential districts to have a maximum wall height of 6 feet to permit an 8-foot wall. Petitioner's Rationale: The subject site is adjacent to commercial properties, where an 8-foot wall is permitted. The 8-foot wall height would allow the site to have a uniform wall height around the entire property. Staff Analysis and Recommendation: Staff has no objection to this deviation, since it would create a better buffer from neighboring commercial properties. The petitioner is seeking both a deviation from the requirements of the LDC,as well as an insubstantial change in the language of the PUD. NEIGHBORHOOD INFORMATION MEETING(NIM): The Applicant held a NIM on July 20, 2016 at the Pavilion Lake clubhouse. Several Pavilion Lake residents attended.No opposition was expressed. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on August 18,2016. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160000927 with the following condition: 1. The maximum wall height of 8 feet is applicable only on property under the control of the Pavilion Club Condominium Association, Inc. Properties under the control of other entities may use the 8- foot maximum wall height upon submittal of a letter of consent to Collier County. Attachments: A. Findings of Fact of the original Rezone B. Application PDI-PL20160000927:Pavilion Lake PUD Page 7 of 8 September 22,2016 HEX Revised:8-30-2016 PREPARED BY: FR 1 SO-IL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: q J r RAYMOND V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION 7//��W, 2--; i - L tf MIKE BOSI,AICP. DIRE TOR DATE ZONING DIVISION PDI-PL20160000927:Pavilion Lake Pi ID Page 8 of 8 September 22,2016 HEX Revised:8-30-2016 REZONE FINDINGS FOR PETITION R-86-24C Section 14.4 of the Zoning Ordinance requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: a. Whether the proposed change would be contrary to the land - use plan and would have an adverse effect on the Compre- hensive Plan; Findings: :- The proposed change complies with the Comprehensive Plan, with the stipulations recommended by staff. b. The existing land use pattern; Findings: To the north, across 91st Avenue, are single and two-family residences, an apartment building, and a restaurant. To the east, across US-41, is undeveloped property. To the South is the Pavilion Shopping Center. To the west is a multi-family residential project (Beachwalk) . c. The possible creation of an isolated district unrelated to adjacent and nearby districts; Findings: No, the subject project is proposing uses that are similar and compatible with uses in the area. The project is a size that far exceeds the requirements for an isolated district. d. The population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities, streets, etc. Findings: With the proposed mitigation measures as outlined in the staff report, the proposed project should not have a significant impact on public facilities such as utilities, streets, water management systems, etc. e. Whether existing district boundaries are illogically drawn in. relation to existing conditions on the property proposed for change; Findings: No, the proposed district boundaries are logically drawn based on existing conditions. ;,;•..,.. �`....7..wr,cls: ..+_... :. . .. .... f. Whether changed or changing conditions make the passage of the proposed amendment necessary; Findings: Yes, the construction of the shopping center adjacent to the subject tract, makes somewhat higher densities than currently permitted in the RMF-6 district appropriate. g. Whether the proposed change will adversely influence living conditions in the neighborhood; - Findings: No, not with the mitigation measures recommended by staff. h. Whether the- proposed change will create or excessively increase traffic congestion or otherwise affect public safety; Findings: No, with the proposed mitigation, this project should not create or excessively increase traffic congestion (see staff report # 7) . i. Whether the proposed change will create a drainage problem; Findings: No, with the proposed mitigation this project should not create a drainage problem (see staff report #6). j . Whether the proposed change will seriously reduce light and air to adjacent areas; Findings: No, the proposed project does not permit buildings over three stories or 30 feet in height and requires setbacks which will not seriously reduce light and air to adjacent areas. k. Whether the proposed change will adversely affect property values in the adjacent area; Findings: No, the proposed uses are compatible with existing land uses, with the proposed mitigation measures, which include reduction in height, setback and buffering, along the northern property line. 1. Whether the proposed change will be a deterrent to the - improvement or development of adjacent property in accordance with existing regulations; Findings: No, the proposed uses are not inappropriate. • - .. ..t•6....+C tF.: F ..,r i It.;,*4%? m. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Findings: No, the proposed uses are in the best interest of the public. n. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; - Findings: No, the property could also be developed under the current zoning. o. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Findings: No, the proposed density is not out of scale with densities in the general area with the mitigation measures recommended. There is a demonstrated need for affordable housing and adult congregate housing, two of the permitting uses of the property. p. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Findings: No, many other locations may also be appropriate for the same uses. q. Review and recommendation of development plans as required in accordance with Section 10.5 and 14. 1. Findings: Not applicable since it is a PUD. Pavilion Lakes Checklist Pavilion Lake PUD • Petition # PL20160000927 September 22, 2016 HEX Backup Material Application and Supporting Documents • September 2,2016 Page 1 of 1 oGradyMinor CM Engin ers•Land Surveyors•Planners•Landscape Archttede GradyMinor • Civil Engineers • Land Surveyors • Planners • Landscape Architects April 25,2016 Client Services Collier County Development Services 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing Insubstantial Change to a PUD(PDI)—Pavilion Lake PUD Dear Client Services: Attached, please find copies of a Collier County application for Public Hearing for an Insubstantial Change to a PUD for properties located at Gulf Pavilion Drive, Property ID Number 00169320003 (reference Only, Pavilion Club A Condominium) The insubstantial change is being requested by the property owner/condominium association, which would revise language to • increase the wall height from six feet to eight feet. Enclosed please find the following items for the above-referenced project application: 1. Check in the amount of$2,525.00 for review fee 2. CD Containing Electronic Copy 3. Insubstantial Change Application—16 Copies 4. Pre-application Notes Waiver—1 Copy 5. Project Narrative and Detail of Request—16 Copies 6. Current Ordinance—16 Copies 7. Revised Text—16 Copies 8. Deviation Justification—16 Copies 9. Declaration of Condominium—2 Copies 10. List Identifying Owner and All Parties of Corporation—2 Copies 11. Affidavit of Authorization—2 Copies 12. Addressing Checklist—1 Copy 13. Location Map—1 Copy 14. NIM Waiver Request—1 Copy Q.Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Client Services RE: Collier County Application for Public Hearing Insubstantial Change to a PUD(P01)—Pavilion Lake PUD April 25, 2016 Page 2 of 2 • Please feel free to contact me should you have any questions. Sincerely, Sharon Umpenhour Senior Planning Technician sumpenhour@gradyminor.com c: Pavilion Club Condominium Association, Inc. GradyMinor File • • 0 CO eY County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION. • Name of Applicant(s): Pavilion Club Condominium Association, Inc. Address: 806 Gulf Pavilion Drive City: Naples State: FL ZIP: 34108 Telephone: 239-643-2324 Cell: Fax: E-Mail Address: retying@cecifl.com Name of Agent: D. Wayne Arnold, AICP Folio#: 00169320003 Section: 33 Twp: 48S Range: 25E Firm: Q. Grady Minor and Associates, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL ZIP: 34134 Telephone: 239.947.1144 Cell: Fax: E-Mail Address: warnold@gradyminor.com • 6/17/2015 Page 1 of 5 Coisty County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑■ Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. H 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. n 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. n 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. n 6. If applicant is a contract purchaser,attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) • DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Pavilion Lake(aka Pavilion Club) ORDINANCE NUMBER: 87-41 FOLIO NUMBER(S): 00169320003,also see attached Exhibit 1 attached 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? Yes n No 1111 6/17/2015 Page 2 of 5 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 If no, please explain: Has a public hearing been held on this property within the last year? I I Yes ■ No If yes, in whose name? Has any portion of the PUD been Q■ SOLD and/or Q■ DEVELOPED? Are any changes proposed for the area sold and/or developed? U Yes Li No If yes, please describe on an attached separate sheet. • • 6/17/2015 Page 3 of 5 S &StY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 16 ❑ Pre-Application Meeting notes 1 ❑ ❑ Project Narrative, including a detailed description of proposed changes 16 ❑ ❑ and why amendment is necessary Detail of request ❑ ❑ ❑ Current Master Plan&1 Reduced Copy ❑ ❑ ❑ Revised Master Plan&1 Reduced Copy ❑ ❑ ❑ Revised Text and any exhibits n ❑ ❑ III PUD document with changes crossed through &underlined ❑ ❑ ❑ PUD document as revised with amended Title Page with Ordinance# ❑ 17 ❑ Warranty Deed ❑ ❑ ❑ Legal Description ❑ ❑ ❑ Boundary survey,if boundary of original PUD is amended ❑ ❑ n If PUD is platted,include plat book pages [ C. ❑ List identifying Owner&all parties of corporation 2 ❑ Affidavit of Authorization,signed&notarized 2 ❑ ❑ Completed Addressing Checklist 1 I ❑ Copy of 8%in. x 11 in.graphic location map of site 1 El El Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials El ❑ ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/17/2015 Page 4 of 5 1' 9g5ntyIII COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director ❑ Utilities Engineering:Kris Vanlengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday _ ❑ Conservancy of SWFL:Nichole Ryan [T Other: E City of Naples:Robin Singer,Planning Director 0 Other: I FEE REQUIREMENTS ❑ PUD Amendment Insubstantial(PDI):$1,500.00 ❑ Pre-Application Meeting:$500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: • Growth Management Department/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 ,L.„,- ,,a d„,-,,,:„ a.,,,,:,‘ k . A 2010 , Applicant/Owner Signature Date i jtc, �A I OSI ,, Applicant/Owner Name(pleaseleprint) IIII 6/17/2015 Page 5 of 5 Pavilion Lake PUD Exhibit 1 - Folio Numbers ParcellD Namel StreetNumber FullStreet SubDivisionCondoNumber 66195000027 MARGARET A DUFFNER TRUST 810 GULF PAVILION DR 538900 66195000043 ADAMO,GLENN R&VALERIE 810 GULF PAVILION DR 538900 III 66195000069 EATON II,RICHARD L 810 GULF PAVILION DR S38900 66195000085 ANDREWES,CHARLES G 810 GULF PAVILION DR 538900 66195000108 BREEN,GERALD T&KATHLEEN V 810 GULF PAVILION DR 538900 66195000124 PRESTON,EUGENE F&KATHLEEN 810 GULF PAVILION DR 538900 66195000140 JUDITH A LOIS!DEC OF TRUST 810 GULF PAVILION DR 538900 6619S000166 BRAUCH,ROLF&IRMGARD G 810 GULF PAVILION DR 538900 66195000182 BORJON TR,YOLANDA V 815 GULF PAVILION DR 538900 66195000205 DAGGETT,ROBERT&CHRISTY 81S GULF PAVILION DR 538900 66195000221 KENNEDY,WILLIAM P&RENEE Q 815 GULF PAVILION DR S38900 66195000247 RAIO,CHARLES&ROSE P 815 GULF PAVILION DR 538900 6619S000263 SUELLA ANN NELSON TRUST 815 GULF PAVILION DR S38900 66195000289 BRUNNER,JEFFREY N&SANDRA M 815 GULF PAVILION DR 538900 66195000302 REHAK,JOHN&DOROTHY 815 GULF PAVILION DR 538900 66195000328 DELLIGATTI,LEONTINA 815 GULF PAVILION DR 538900 66195000344 JENNIFER A MCCALL LIV TRUST 81S GULF PAVILION DR 538900 66195000360 PEDERSEN,ARTHUR P 815 GULF PAVILION DR 538900 6619S000386 MUEHLHAUSEN,DANIELLE 81S GULF PAVILION DR 538900 66195000409 SIDELLA,LISA M 815 GULF PAVILION DR 538900 66195000425 FACCONE TR,GEORGE 816 GULF PAVILION DR 538900 66195000441 LEVELLTR,GENE&SUE K 816 GULF PAVILION DR 538900 66195000467 W 1&S L FENNESSEY LIV TRUST 816 GULF PAVILION DR 538900 66195000483 FORSZPANIAK,CHRISTINE 5 816 GULF PAVILION DR 538900 66195000506 ZENTGRAF TR,HENRY J&KAREN W 816 GULF PAVILION DR 538900 66195000522 GAKOS,SOPHOCLES&XENIA 816 GULF PAVILION DR 538900 66195000548 GHAZARIAN,ANAHID H 816 GULF PAVILION DR 538900 66195000564 WELLS,NICHOLAS&JILL 816 GULF PAVILION DR 538900 66195000580 SUPPLE,DAVID R&DEANNA M 821 GULF PAVILION DR 538900 66195000603 NINCHICH,JELICA 821 GULF PAVILION DR 538900 • 66195000629 FACCONE TR,GEORGE 821 GULF PAVILION DR 538900 66195000645 MOUNTFORD JR,WILLIAM E 821 GULF PAVILION DR 538900 66195000661 KULAS,CHESTER S&GERALDINE F 821 GULF PAVILION DR S38900 66195000687 LANDOLFI,VITO&MARIETTA 821 GULF PAVILION DR 538900 66195000700 OEFFL,ERIKA&HANS 821 GULF PAVILION DR S38900 66195000726 DOU55ON,BRENDA 821 GULF PAVILION DR 538900 66195000742 CAVACINI,DAVID M&MICHELE R 821 GULF PAVILION DR 538900 66195000768 MICHAELS,TODD T 821 GULF PAVILION DR 538900 66195000784 WILLIAMS TR,KENNETH 821 GULF PAVILION DR 538900 66195000807 MORRIS,ALBERT H 821 GULF PAVILION DR 538900 66195000823 MATTED REV LIV TRUST 822 GULF PAVILION DR 538900 6619S000849 MESNA,LELAND 5&ALICE M 822 GULF PAVILION DR 538900 66195000865 CHANDAN TR,ANUPAMA 822 GULF PAVILION DR 538900 66195000881 QUIGLEY REALTY TRUST(FL) 822 GULF PAVILION DR 538900 66195000904 GRADY INVESTMENT CO L P 822 GULF PAVILION DR S38900 66195000920 ANDREWS,DONALD V&SHARON A 822 GULF PAVILION DR 538900 66195000946 MITCHELL,LEWIS&SYBIL 822 GULF PAVILION DR 538900 66195000962 VICARI,DAVID L&FRANCES A 822 GULF PAVILION DR 538900 66195000988 HEINE,DAN 828 GULF PAVILION DR 538900 66195001000 PETERSEN LIVING TRUST 828 GULF PAVILION DR 538900 66195001026 MCCORMACK,TIMOTHY W 828 GULF PAVILION DR 538900 66195001042 MARILYN M MILLER TRUST 828 GULF PAVILION DR 538900 66195001068 LARKIN,FRANK MARTIN 828 GULF PAVILION DR 538900 66195001084 JEAN R ECKERT REV TRUST 828 GULF PAVILION DR 538900 6619S001107 KANGAS,ARLEN ROBERT 828 GULF PAVILION DR 538900 66195001123 661R TR,WILLIAM 1&RANDI M 828 GULF PAVILION DR 538900 • 66195001149 REED TR,MARY E 828 GULF PAVILION DR 538900 • 66195001165 LARKIN,LINDA S 828 GULF PAVILION DR 538900 66195001181 LARKIN,LAWRENCE B&CLAIRE A 828 GULF PAVILION DR 538900 •III 66195001204 CRETARA,ELIZABETH ANN 828 GULF PAVILION DR 538900 ©Gradyllinor Page 1 of 3 (1%11 Enginerr •Land SurvryON•I'Ianoem•I.andxcade 1rchltecI Pavilion Lake PUD Exhibit 1 - Folio Numbers 66195001220 SANCILARDI JR,MICHAEL&KIM 834 GULF PAVILION DR 538900 • 66195001246 EDWARDS,JANET 834 GULF PAVILION DR 538900 66195001262 IVANCICH,STAN 834 GULF PAVILION DR 538900 66195001288 GROSS,JARED M 834 GULF PAVILION DR 538900 66195001301 STRAUSS,RICHARD&SUSAN 834 GULF PAVILION DR 538900 66195001327 SALVI,MYRA 834 GULF PAVILION DR 538900 66195001343 JOAN M SCHALLER TRUST 834 GULF PAVILION DR 538900 66195001369 BOLIVAR,JOANNE GONZALEZ 834 GULF PAVILION DR 538900 6619500138S W 1&R T BARR FAMILY TRUST 840 GULF PAVILION DR S38900 66195001408 PINDER,MICHELLE R 840 GULF PAVILION DR 538900 66195001424 METZGER,RICHARD B 840 GULF PAVILION DR S38900 66195001440 PLESCIA,JOSEPH&KAREN E 840 GULF PAVILION DR 538900 66195001466 HOEHN,MARK&SANDRA 840 GULF PAVILION DR 538900 66195001482 HORNE,KATHARINE D 840 GULF PAVILION DR 538900 66195001505 LESSARD,DANIEL H&LINDA M 840 GULF PAVILION DR 538900 66195001521 CHAU,WING F&51U F 840 GULF PAVILION DR 538900 66195001547 CALHOON II,THOMAS F 845 GULF PAVILION DR 538900 66195001563 CENCI,GIUSEPPI&CLARA 845 GULF PAVILION DR 538900 66195001589 ECKERT,JOHN E&CAROLE F 84S GULF PAVILION DR S38900 66195001602 EDWARDS TR,MALCOLLM&SUSAN 84S GULF PAVILION DR S38900 66195001628 ZADE,CHARLES&TERESA 84S GULF PAVILION DR S38900 66195001644 COVINO TR,ANTOINETTE 845 GULF PAVILION DR 538900 66195001660 MIT515,ANDREW G 845 GULF PAVILION DR 538900 66195001686 OHLSSON,MARIE 845 GULF PAVILION DR 538900 66195001709 COUSSEIROUX,GERARD P 845 GULF PAVILION DR 538900 66195001725 PRICE,PAUL H&EUGENIA J 845 GULF PAVILION DR 538900 66195001741 MCGILLIVRAY FAM IRREV TRUST 845 GULF PAVILION DR 538900 66195001767 DESCHAINE,DONALD&JOAN 845 GULF PAVILION DR 538900 66195001783 GAKO5,NICK&CYNTHIA 851 GULF PAVILION DR 538900 66195001806 NIEBYLSKI FAMILY TRUST 851 GULF PAVILION DR 538900 el 66195001822 MARIA,LLC 8S1 GULF PAVILION DR 538900 66195001848 STARZ,INGEBORG 851 GULF PAVILION DR 538900 66195001864 STEPNEY,JOHN CC&DIANE H 851 GULF PAVILION DR 538900 66195001880 SERIE,WAYNE M&MARY E 851 GULF PAVILION DR 538900 66195001903 JACKSON,ALAN ERNEST 851 GULF PAVILION DR 538900 66195001929 BOYDEN K BROWN TRUST 851 GULF PAVILION DR 538900 66195001945 SACCO TR,LELA MAE 864 GULF PAVILION DR 538900 66195001961 PETER J LOOK TRUST 864 GULF PAVILION DR 538900 66195001987 CANUEL,DAVID E 864 GULF PAVILION DR 538900 66195002009 MELLEY,CHRISTOPHER A 864 GULF PAVILION DR 538900 66195002025 MARIE A AMONT REV TRUST 864 GULF PAVILION DR 533900 66195002041 PARK TRUST 864 GULF PAVILION DR 538900 66195002067 DONOFRIO,ANTHONY 1 864 GULF PAVILION DR 538900 66195002083 PARISE,MARC R&MARGARET M 864 GULF PAVILION DR 538900 66195002106 RAND,DORIS JEAN 870 GULF PAVILION DR 538900 6619 5002 12 2 MCSWEENEY,FREDERICK W 870 GULF PAVILION DR 538900 66195002148 PLESCIA,JOSEPH&KAREN E 870 GULF PAVILION DR 538900 66195002164 ZAMBETTI,FRANCIS X&LINDA D 870 GULF PAVILION DR S38900 66195002180 ZARRELLI,ANNETTE 870 GULF PAVILION DR 538900 66195002203 CARTWRIGHT,HEATHER L 870 GULF PAVILION DR 538900 66195002229 GOBBI,JOHN C 870 GULF PAVILION DR 538900 66195002245 BETTY A ADGATE TRUST 870 GULF PAVILION DR S38900 66195002261 DELLA-TORRE ET AL,PASCUAL 876 GULF PAVILION DR 538900 66195002287 NOONAN,EILEEN LUTZ 876 GULF PAVILION DR 538900 66195002300 JOHNSTONE TR,DOLORES 876 GULF PAVILION DR S38900 66195002326 REGINO,STEVEN J&ROZANNE P 876 GULF PAVILION DR 538900 66195002342 BORIS&ALLA KHLYAVICH TRUST 876 GULF PAVILION DR 538900 66195002368 CHANLER,WAYNE 876 GULF PAVILION DR 538900 66195002384 FELTEN,KARL H&ELLEN EWALD 876 GULF PAVILION DR 538900 Ill 66195002407 CERULLI JR,VICTOR L&ATHENA 876 GULF PAVILION DR 538900 66195002423 MCCLUNE,RICHEL L 876 GULF PAVILION DR 538900 CIGradyMinnr Page 2 of 3 Civil Engineers•Land Surveyors•Manners•Landscape Architects Pavilion Lake PUD Exhibit 1 - Folio Numbers 66195002449 JONES,ALAN E 876 GULF PAVILION DR 538900 66195002465 ORDINARIO,MARIFE C 876 GULF PAVILION DR 538900 III 66195002481 CARIATI FAMILY PARTNERSHIP 876 GULF PAVILION DR 538900 66195002504 ROBERT F YOUNG REV TRUST 881 GULF PAVILION DR 538900 66195002520 GIOVANNIELLO FAMILY TRUST 881 GULF PAVILION DR 538900 66195002546 PANTANO,SEBASTIAN A 881 GULF PAVILION DR 538900 66195002562 HAGGERTY,JOHN W 881 GULF PAVILION DR 538900 66195002588 WEIR,JAMES P&CATHERINE M 881 GULF PAVILION DR 538900 66195002601 881 GULF PAVILLION DR 881 GULF PAVILION DR 538900 66195002627 BASCETTA,JAMES)&MARIA C 881 GULF PAVILION DR 538900 66195002643 GOAR&SONS INC 881 GULF PAVILION DR 538900 66195002669 DEAN,BRENDA 887 GULF PAVILION DR 538900 66195002685 BETTIKER TR,JANET L 887 GULF PAVILION DR 538900 66195002708 JUDITH A LOI51 DEC OF TRUST 887 GULF PAVILION DR 538900 66195002724 GOJKOVICH,ANNE M 887 GULF PAVILION DR 538900 66195002740 PACANOVSKY TR,GEORGE 887 GULF PAVILION DR 538900 66195002766 BE55ENAY,JACQUES&CLAUDE 887 GULF PAVILION DR 538900 66195002782 TAIARIOL,GARY&DENISE 887 GULF PAVILION DR 538900 66195002805 SHIRLEY,WILLIAM E&CAROLYN L 887 GULF PAVILION DR 538900 66195002821 LAURIA TRUST 893 GULF PAVILION DR 538900 66195002847 CALCAGNI,JAMES P&DEBORAH 893 GULF PAVILION DR 538900 66195002863 ZUKOWSKI,EDWARD&JOAN M 893 GULF PAVILION DR 538900 66195002889 WUHRER,ANDREW 893 GULF PAVILION DR 538900 66195002902 TEDESCHI,GUDRUN J 893 GULF PAVILION DR 538900 66195002928 STEINBRENNER,CARLY 893 GULF PAVILION DR 538900 66195002944 SALVI,MARK 893 GULF PAVILION DR 538900 66195002960 ATKISON LIVING TRUST 893 GULF PAVILION DR 538900 66195002986 HANK HANTEN LLC 898 GULF PAVILION DR 538900 66195003008 RADT,DARRYLJ&CONNIE 5 898 GULF PAVILION DR 538900 66195003024 JANES,CHARLES W&CHERYL H 898 GULF PAVILION DR 538900 66195003040 LARRABEE,JOHN F&JEAN G 898 GULF PAVILION DR 538900 • 66195003066 NOCCO,GINA PIRONI 898 GULF PAVILION DR 538900 66195003082 TAYLOR,CLEMENT 5&JEWELLJ 898 GULF PAVILION DR 538900 66195003105 FORBES,STANLEY M&D ANGELICA 898 GULF PAVILION DR 538900 66195003121 ARIGANELLO,BRUNO M&NANCY E 898 GULF PAVILION DR 538900 00176681007 L&A REALTY COMPANY 9051 TAMIAMI TRL N Si ©GradyMinor Page 3 of 3 CMI Engineers•Land Surielcin•Planners•landscape krchlrecis Sharon Umpenhour • From: BellowsRay <RayBellows@colliergov.net> Sent: Wednesday,March 23,2016 2:38 PM To: Wayne Arnold Cc: StrainMark Subject: RE:Preapplication Meeting Waiver Hi Wayne, I agree,a pre-application meeting is not required in this case. Please let me know if I can be of any other assistance. Ray Raymond Bellows, Zoning Manager Zoning Services Section From:Wayne Arnold[WArnold@gradyminor.com] Sent:Wednesday, March 23,2016 2:23 PM To:BellowsRay Cc:StrainMark Subject: Preapplication Meeting Waiver • Ray,we represent the Pavilion Club Condominiums located on the north side of Vanderbilt Beach Rd.west U.S.41. The PUD has a limitation of a fence height of 6'. Their condo association has asked me to prepare a PDI to change the fence height from 6'to 8'where they are adjacent to existing commercial development. I really don't think I need a preapplication meeting as literally this is a change in numbers. Hopefully,you can agree to waive this request. If you agree,could you please respond with an email so I can include in the application? Thank you, Wayne D.Wayne Arnold,AICP Planning Director [cid:i m age001.jpgP01D 1850F.9 E234410] 3800 Via Del Rey Bonita Springs,FL 34134 Phone-239.947.1144 Fax-239.947.0375 Web-http://www.gradyminor.com<http://www.gradvminor.com/> DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s) named above and may contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions:The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the • approved and certified"plan of record" along with actual project site conditions.Q.Grady Minor&Associates, P.A. 1 Pavilion Lake PUD Insubstantial Change to a PUD Project Narrative and Detail of Request • Project Narrative The Pavilion Lake PUD was approved in 1987 as Ordinance 87-41. The Pavilion Lake is an improved PUD and is considered built out. Improvements include multi-family building, internal roads, stormwater,buffers/walls and amenity area. The property owner/association is proposing minor changes to the PUD document,which would revise language to increase the wall height from six feet to eight feet. Detail of Request Insubstantial Change Criteria LDC Subsection 10.02.13 E.1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall 4111 require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section, a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD; or No b. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No c. There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such,or 5 acres in area; No net change in preserve, recreation or open space results from this amendment. • Revised 03-23-2016 Page 1 of 3 GradyMinor fiti'1 Lnainerry•Lind Sur"ors•Planners•Landscape arrhttrctx Pavilion Lake PUD Insubstantial Change to a PUD • Project Narrative and Detail of Request d.There is a proposed increase in the size of areas used for nonresidential uses,to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces),or a proposed relocation of nonresidential land uses; No increase in non-residential uses or areas for non-residential uses are proposed. e. There is 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 additional traffic or public facility impacts will result from the request regarding accessory structures. f. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No additional dwelling units are proposed; therefore, there are no additional traffic impacts. • g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Adequate area exists on-site for stormwater retention, and no change to the approved discharge rate is proposed. No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The increased wall height will have no impact to abutting commercial land uses. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; The PUD and proposed changes are consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a • determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any Revised 03-23-2016 Page 2 of 3 ci GradyMinor C.h-il t'nnInccra•Land Summons•Ptanncrn•Lan dsnap('.iniitectx Pavilion Lake PUD Insubstantial Change to a PUD Project Narrative and Detail of Request • change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRUPUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this section 10.02.13 of this Code; or The project is not a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.13 The proposed wall height increase from six feet to eight feet does not meet the standards for a substantial modification and create no external impacts. • • Revised 03-23-2016 Page 3 of 3 Grad Minor CMI Cn;;inei rs•land Surveyors•Planners•Landsra{xe Architect Er ORDINANCE 87- l AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RMF-6, C-4 AND PUD TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PAVILION LAKE FOR A MAXIMUM OF 156 MULTI-FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE WEST SIDE OF US-41, DIRECTLY NORTH OF THE PAVILION • SHOPPING CENTER IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 15.67 ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Coastal Engineering Consultants, Inc., representing 41/Vahlerbilt Joint Venture, petitioned the Board of County Commis- sioners to change the Zoning Classification of the herein described real property; '} NOW, THEREFORE BE IT ORDAINED by the Board of County Commis- • eioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 33, Township 48 South, Range 25 East, Collier County, Florida is changed from RMF-6, C-4 and PUD to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. rhe Official Zoning Atlas Map Number 48-25-8, as described in Ordinance 82-2, is hereby amended accordingly. • SECTION TWO: This Ordinance shall become effective upcn receipt of notice tthat-4s..has-.been-,ftilzxl:swish the ffiecratatg•,of State_ DATE: May 26, 1987 BOARD OF COUNTY COI RIISSIONERS COLLIER TY, ORS i 0A2TAST L J I'., BY: #Y � � /• 4JAMES C..OILES, CLERK . SSE, -. CHAI' • ay. _ .'��._ .L. •'1 This ondb cne* flied with the APPROVED AS TO•FORM AND LEGAL SUFFICIENCY Set ry of a t�ffite • S day of za// 7 and acknow nt a that recador 04!..1.. R.••BRUCE-ANDERSON fit,` hid '' ASSISTANT'COUNTY AT RNEY 0,0 r7r � R8624C PUD Ordinance 5006 027,r,_112 PAVILION LAKE A PLANNED UNIT DEVELOPMENT LEL FILE NO. 86.023 • • PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. • CAPC Action: May 7 , 1987 BCC Approval : May 26, 1987 Revision Data: Revision 1 : March 18, 1987 -f ew'isi on 2- March Z26, '1.987 Revision 3: May 1Z, 1987 Final Revision: June 3, 1987 exl4II3I Y A tool( l 2!rAct..113 Q - r r TABLE OF CONTENTS .ti Page Section 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 Purpose 1 . • 1.2 Legal Description 1 . 1.3 Property Ownership 1 ' 1.4 General Description of the Property Area 2 1.5 Physical Description 2 Section II PROJECT DEVELOPMENT DESCRIPTION 1 2.1 Purpose 3 2.2 General 3 2.3 Project Plan and Land Use Tracts 3 2.4 Maximum Project Density 3 2.5 Project Plan Approval Requirements 3 2.6 Fractionalization 4 Section III MULTI FAMILY RESIDENTIAL DEVELOPMENT 3. 1 Purpose - 7 3.2 Maximum Dwelling Units 7 3.3 Permitted Uses 7 3.4 Regulations 7 3.4.1 Minimum Yards 3.4.2 Minimum Floor Area 3.4.3 Maximum Height 3.4.4 Buffers 3.5 Off Street Parking 8 Section IV DEVELOPMENT STANDARDS 4. 1 Purpose 9 4.2 General 9 4.3 P.U.D. Master Development Plan 9 4.4 Clearing, Grading, Earthwork & Site Drainage 9 4.5 Street Construction 10 4.6 Easements for Underground Utilities 10 4.7 Utility Department Stipulations 10 ' 4.8 Water Supply 14 4.9 Solid Waste Disposal 14 4.10 Other Utilities 15 4.11 Signs 15 . i BOOK 027 0Ar.,_ 114 • • in ul to to n CO CO N N iL Loi.r Li - E a+ +t J— • a c E tJ1 Z E 41 c w O �- - EJrr t / z 4J w •O Q. W CT Dt +J O +-t c b H C J C W •r C C O W 4.1 t- - abCE a E my X •- c v w 4J a J— U 4a O.r O u+ O 1/1 VI t C1 L W O til 4J E •r 4- Q 4J 61:1 c L te d+ Ww1— Ct.O N M cf t(1 to •--1 C • • C •ct tf-!J- cf cT O to tll 0 iJ lJ u v CU to to to • SECTION 1 PROPERTY OWNERSHIP ANO OESCRTPTION 1. 1 PURPOSE The purpose of this Section is to set forth the location and • ownership, and to describe the existing condition of the property proposed to be developed under the project name of Pavilion Lake. 1.2 LEGAL DESCRIPTION A parcel of land lying ire Section 33, Township 46 South, Range 25 East, Collier County, Florida, being more particu- larly described as follows: Commencing at the east quarter corner of said Section 33, run SO0°37'39"E along the east lila of said Section 33 a distance of 17.65 feet to the extension of the northerly right-of-way line of Vanderbilt Beach Road; thence H60°08'20"W 152.55 feet along said extension to the inter- section of said northerly right-of-way line with the westerly right-of-way line of U.S. 41; thence continue • N80°08'20"W along said northerly right-of-way line 1565.50 feet; thence N09°51'40"E 579.68 feet to the point of beginning of the herein described parcel ; thence 584°14'58"E • 562.44 feet; thence S89°34'49"E 160.00 feet; thence S63°08' 19"E 300.35 feet; thence N26°51'41"E 221. 15 feet; ° thence S89°34 '49"F 406.00 feet to the westerly right-of-way line of U.S. 41; thence NOO°39'06"W along said right-of-way • line 218.97 feet; thence leaving said right-of-way line N89°34'49"W 30.17 feet; thence N48°50' 15"W 41.39 feet; thence S77°14'04"W 244.43 feet; thence NOO°39'06"W 260.00 feet to the southerly right-of-way line of 91st Avenue North; thence N89°34'49"W along said right-of-way line 1169.74 feet; thence leaving said southerly right-of-way line 509°51'40"W 436.36 feet; thence S80°08'20"E 120.00 feet; thence 509°51'40"W 12.19 feet to the Point of Beginning of the herein described parcel . The above descrihes an area of approximately 15.67 acres of land. Subject to .eas.emen•ts. restrdttitCnS •and reserwatlons of •:'ECoTC. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Slavik-Rosenhaus Partnership. • 1 DIM U21,1.•_ 116 • • • 1.4 GENERAL DESCRIPTION OF THE PROPERTY AREA ti A. The project site contains 15.67 acres (±). It is located on the west side of U.S.' 41 North approximately 1/B mile north of Vanderbilt Beach Drive. Vanderbilt Drive intersects U.S. 41 apprcximately 21 miles north of Pine Ridge Road. B. Current zoning is RMF-6 and C-4. The parcel is bounded on the south by the Pavilion Shopping Center PUD, on the west by land zoned RMF-6, on the east by U.S. 41 and a 300' wide parcel zoned C-4 which abuts U.S. 41 right-of-way and on the north by land zoned RMF-6. The property is within the Collier County Water and Sewer District and Collier County Water Management District r7. 1.5 PHYSICAL DESCRIPTION Approximately 60% of the property has been cleared:"A • • 2.9 acre lake sits on the cleared half. The lake and clear area are on the west half of the site. There is a 2.5 acre cypress head at the southeast corner. The rest of the site is divided between pine/myrtle and pine/palmetto with some cabal palm throughout. There are a few large pine trees on the site. There are also substantial intrusions of melaleuca near the cypress head with specimens up to 24 inches in diameter. There is Brazilian pepper near' the lake. Soil types found on the site are: Arzell Sand (approxi- mately 75%) , Immokalee Fine Sand (approximately 20%) and St. Lucie Fine Sand (ap•proximately 5%). These are all deep,fine sands with rapid internal drainage (soil characteristics from USDA soil survey of Collier County, dated March '54). • Elevations within the site range from _+9.0 to +12.0 with some mounds and ditches higher and lower. The entire site is within F. I.R.M. Zone X, •i.e. above 100 • year flood levels. •• 2 soot C27,4,1117 4 I - + • SECTION II PROJECT DEVELOPMENT • 2. 1 PURPOSE The purpose of this section is to describe the general plan of development for the project including land use and density. . • 2.2 GENERAL A. Regulations for development of Pavilion Lake shall be in accordance with the contents of this document, and any applicable sections and/or parts of the Collier County Zoning Ordinance in effect at the time of adoption of this ordinance. B. Unless otherwise noted, the definitions of all terms shall be the same as those sat forth in the Collier County Zoning Ordinance in effect at the time of adoption of this ordinance. • 2.3 PROJECT PLAN ANO LAND USE TRACTS A. The project site plan, including street layout and land use is shown in Exhibit A, the P.U.D. Master Plan. B. In addition to the various areas and specific items shown on Exhibit A, such easements (utility, private, semi-private, semi-public, etc. ) shall be established within or along tl.e various tracts as may be necessary or deemed desirable for the service, function or convenience of the project residents. 2.4 MAXIMUM PROJECT DENSITY A maximum of 156 residential dwelling units in a multi-family configuration shall be constructed on 15.67 acres of the project area. The gross density will be 10 units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS 'Prior .o commencing construction, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with applicable laws and requirements. 3 BOOK C2% .!118 W • • Exhibit A, The P.U.O. Master Plan, constitutes the required P.U.O. development plan and the Master Plan. Subsequent to its approval , the final site plans shall be submitted for approval . . . 2.6 FRACTIONALIZATION Development and Fractionalization of Tracts A. When the developer sells an entire tract or a building parcel (fraction of a tract) to a subse- quent owner, or proposes development of such property himself, the developer shall provide to the Zoning Director for approval , prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and • the building parcel therein (when applicable) and • the square footage assigned to the property. The drawing shall also show the location and size of ' access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel shall also be submitted. B. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.04(1), in fractional parts to other parties for development, the subsequent owner shall provide to the Zoning Director, for approval , prior to development of the tract by the developer or prior to the .ale to a subsequent owner of a fractional part , a boundary drawing showing his originally purchased tract or building parcel and the frac- • tional parts therein and the number of units and/or square:footage,_ as applicable, assigned'to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. • C. The developer of any tract must sutmit a • Conceptual Site Plan for the- entire tract in • accordance with Section 2.5 of this document prior to Final Site- Development Plan submittal for any portion of that tract. The developer may choose :rct Lc s.cbm.i•t a Cnnc.ept¢.al Site Plan for the ernzire tr.:-..cT;ar, is •vubmitied -ant approved for the entire tract. D. The developer of any tract or building parcel must submit, prior to or at the same time of applica- tion for a building permit, a detailed site development plan for his tract or parcel in •4 Boot C27F.=119 Q 7 conformance with the Zoning Ordinance requirements for Site development plan approval. This plan shall be in compliance with any approved • Conceptual Site Plan as well as all criteria within this document. • E. In evaluating the fractionalization plans , the Zoning Director's decision for approval or denial shall be based on compliance with the criteria and • the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable acces- • . sibility of the fractional parts to public or private roadways, common areas, or other means of• ingress and egress. F. I .` approval or denial is not issued'within ten ( 10) working days , the submission shall be con- sidered automatically approved. PUD Conceptual Site Plan Approval Process When PUD Conceptual site plan approval is desired or • required by this document, the following procedure shall be followed: - A. A written request for conceptual site plan approval shall be submitted to the Director for approval . The request shall include materials necessary to demonstrate that the approval of the conceptual site plan will be In harmony with the general intent and purpose of this document. Such material may include, but is not limited to he following, where applicable: 1. Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress , off-street loading areas ; yards and other open spaces. 2. Plans showing proposed locations for util- ities hookup. 3. Plans for screening and buffering. tteicost doe-x lws•term bcC‹nelgs ..r q.u"ir.ed property development regulations may be waived or reduced provided a site plan is approved under • this section. • • • • •• • I 5 . DOCK Q2/f%`.'-120 r � • • 0 C. A fee consistent with the current fee schedule for County Site Development Plan approval shall accompany the application, unless a specific fee for Conceptual Site Plan Review is adopted. D. If approval or denial is not issued within twenty (20) working days, the submission shall be con- , sidered automatically approved. Site Development Plan Approval 'process Site Development Plan approval , when desired or requested by this document, shall follow the procedure as outlined in the Zoning Ordinance. • • • • INK C27pr!121 SECTION III MULTI FAMILY RESIDENTIAL DEVELOPMENT 3.1 PURPOSE ' The purpose of this section is to set forth the development plans and regulations for the multi-family tract of this project. 3.2 MAXIMUM DWELLING UNITS A maximum of 156 residential dwelling units in a multi • - family configuration shall be constructed on I5.67 acres of the project area. 3.3 PERMITTED USES • No building, structure, or part thereof, shall be erected, • altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: • 1. Multiple-family dwellings. • B. Accessory Uses: 1. Accessory uses and structures, including storage facilities, private club, laundry facilities, manager's office and living quarters. 2. Recreational uses and facilities , such as tennis course and like, swimming pools, and childrens playground areas. Such uses shall be visually and architecturally compatible with adjacent residences. 3. Sewage treatment facilities, if necessary. `' 3.4 REGULATIONS 3.4. 1 Minimum Yards: A. Setback along property boundary as defined in legal description = 1/2 of the bldg. height or 25' whichever is • larger. B. ..Setback .from lake = 20' average seibac.k, ovst+izt.Sys•,dvf;met a•s"2fie ;,sum •of 'the individual setbacks divided by the total number of setbacks. , • C. Distance between principal structures 1/2 sum of heights. D. Carports can be located within 5' of the property line. 7 • 'o0( (.1,277,.,,i122. 4 E. Setback from internal tract boundaries - none. F. Perimeter privacy wall setback = none from property line. G. Encroachment into setbacks and yards will be permitted with the Zoning Director's approval when such encroachments are the result of relocating structures to preserve trees as dictated by the NRMD. 3.4.2 Minimum Floor Area: A. All units will comply with minimum floor areas as set forth in Section 7.27 f 6) of the Zoning Ordinance. Maximum floor area is unlimited. • 3.4.3 Maximum Height: Three floors of living area or two floors of ° living area with one (1) floor of parking beneath the living area except that struc- tures within 100' of glst R.O.N. will be limited to two floors or one floor over parking. 3.4.4 Buffers: A. Along 91st Avenue North right-of-way = 5' buffer with landscaped fence or a masonry wall not higher than 6' above the crown of glst Avenue North. B. Along south property line a 5' land- scaped buffer with vegetation meeting the requirements of Section 8.37 of the Zoning Ordinance, or a solid wall not to exceed 6' in height. C. Along wetland preservation area a 10' buffer within which a pedestrian walk- way/bikepath way be constructed. 3.5 OFF STREET PARKING There will be space set aside for two parking spaces per dwelling unit, one and one-half of which will be paved during initial construction. One-half space per unit will be held in reserve as green space for future paving until deemed necessary by the Zoning Director or his Designee. 8 BOCK 02 7 Fr-.123 • Q , a SECTION IV DEVELOPMENT STANDARDS 4.1 PURPOSE The purpose of this sectiun is to set forth the standards for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with the final development plan and all applicable state and local laws, codes and regulations. 4.3 P.U.D. MASTER DEVELOPMENT PLAN A. Exhibit 1, the P.U.O. Master Plan, illustrates the • proposed development. Unit, street, and parking locations are conceptual only. • B. Minor site alterations to the Master Plan may be allowed subject to the approval of the Zoning Director or his designee. C. All necessary easements, dedications , or other . instruments shall be granted to insure the con- tinued operation and maintenance of all service • utilities and project areas. 0. Prior to completion of the work shown on the Master Plan, all commitments listed in this PUD Document (Section 5.2) shall be met by the Oevel- • oper or his designee at time of completion. E. Polling places shall be permitted as deemed S appropriate by the Supervisor of Elections. • F. All entities utilizing common areas, drainage facilities , recreational areas and open spaces shall be responsible for maintenance of those areas. G. A five (5) foot easement for a bike and foot path to be constructed by the petitioner shall be provided along the easterly property line to permit access from 91st Stree.. to the shopping center. 4.4 CLEARING, GRADING, EARTHWORK f! SITE DRAINAGE All tree removal ,- clearing, grading, earthwork 5 site drainage work shall be performed in accordance with applicable State and local codes and ordinances. All necessary permits will be obtained before construction. 9 600K C27°Jr ]_24 Q :. WPM UMW 4.5 STREET CONSTRUCTION All internal roads will be 20' minimum pavement width. Internal roads will remain private unless built to subdivision regulations. . 4.6 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, tele- • phone, cable T.Y. , wastewater collection, water dis- tribution, and similar uses •shall be located and granted as required for those purposes. 4.7 UTILITY DEPARTMENT STIPULATIONS A. Water b Sewer 1) Water distribution and sewage collection and trans- mission systems will be constructed throughout the . project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities will be constructed within platted rights-of-way or within utility easements required by the County and the State of Florida. Water and sewer facilities constructed within the platted rights-of-way or withii utility easements required by the Co.nty shall be conveyed to the County for ownership, operation and maintenance 4 purposes pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer , his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure that they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities , County owned or privately owned. into service. Upon completion of the water and/or sewer facilities. and prior to the issuance of Certificate of Occupancy for structures within the project the utility facilities shall be conveyed to the Ccunty, when required by the ,tlt•iia�:es i':a�Sict, vu.r.sow„o.: to ,C.cur..ty 0-rd4,na.ntes .and `kcgu;ations 171 tffect at the -time canveyente is requested. 2) All construction plans and technical specifica- • tions and proposed plats. if applicable. for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to Lommenccment of construction. 10 09”2 °%'•`•125 O 1111111111•10 NAM • 3) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County iii accor- dance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility • establ °.shed to serve the project until the County' s off-site water and/or sewer facilities are available to serve the project. • 4) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences , the Developer, at his expense, will install and cperate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to • meet all requirements of the appropriate regulatory . agencies. •. • 5) An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: •4 a) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shill be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities arc available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(ies) may not be expanded to provide water and/or sewer service outside • the bevclaputent boundary a,p.proved by the .County without the .>+�rit2en •tionsen vf..the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and Z remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner'consi:tent with State of Florida standards . All work related with • this activity shall be performed at no cost to the County. 11 W00( Via Pr.!.126 • • c) Connection to the County's off-site water and/or sewer fa:ilities will be made by the owners , their assigns or successors at no cost to the County within 90 d,.ys after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of con- struction documents , permitting , modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities. interconnection with County off-site facilities , water and/or sewer lines necessary to make .the con- nections(s) , etc. d) At the time County off-site water and/or sewer facilities are available for the project to connect with , the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the _' time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to' make connection with . the County's off-site water and/or sewer facil- ities ; or, 2) All water and sewer facilities required to connect the project to the County's off-site water • and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements , including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County sewer facil- ities including all _utility easements neces- sary; b) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, i,n:Lodi ng all ut i li ty .easements . m.e•cems a ry. e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County. off-site water and/or sewer facilities a e available to serve tie project and such connection is made. Prior to connection of the project to the County's off-site • water and or/or sewer facilities the Developer, 'his • 12 600K 1.21 FA'` / ? 1 i assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County • for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) All construction plans and technical specifica- tions related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prio to commencement of Construction. g) The Developer, his assigns or successors agree to pay all system development charges in effect at the '• time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made know to all prospective buyers of properties • for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer, for operation and maintenance, the water distribution and/or sewage collection and transmission systems for the sum of $10.1-: per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease , shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treat- • ment facilities. The Lease, if required, shall remain • in effect until the County can provide water and/or • sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. B. Data required under County Ordinance 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and .the wastewater .treatment facility to ,bE u i i i•zec vpvn errytipl tVei'eo;. C. If an interni on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at • a rate approved by the Fire Control District servicing the project area. 13 • 600( C27 F,428 - i t- r 1 • D. Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards , Policies , Ordinances , Prac- tices, etc. in effect at the time construction approval is requested. E. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions , demand rates and other factors pertinent to the system under consideration. 1) Hydraulic design evaluations for the water system shall includ • connection to the 12" supply line i being constructed on 91st Avenue North and loop to the Pavilion Shopping Center main and to the 12" line on 91st at the western boudary of this PUD, Pavilion Lake. The distribution system must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control Distirct serving the project area. 2) Hydraulic design evaluations for the sewer system shall include a pumping station collection of the gravity sewer from Pavilion Lake and Pavilion Shopping Center and a force main connecting to the 8" force main system on U.S. 41 North. 4.8 WATER SUPPLY No Certificate of Occupancy shall be issued until the developer/owner has demonstrated an adequate water supply • and fire flow exists. 4.9 SOLID WASTE DISPOSAL Arrangements shall be made with the Collier County solid waste disposal franchise holder to provide for solid waste collection to serve the project. 14 BOOR 027'.v_129 4 111111 • 4.10 OTHER UTILITIES Utility lines for Telephone, Power, and Cable T.V. service, when available, shall be installed underground. 4.11 SIGNS All signs erected on the site shall be in accordance with the current Collier County Ordinances or ordinances in effect at the time of application for said permits. The developer of Pavilion Lake may install a sign of the project entrance at Vanderbilt nch.1 . after obtaining all necessary approvals. 4.12 LANDSCAPING All landscaping shall be in accordance with the appropriate Collier County Ordinances and this document. 4.13 WATER MANAGEMENT • A) Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of con- struction in accordance with the submitted plans is granted by the County Engineer. 8) An Excavation Permit may be required for the existing lake in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, in order to bring the existing lake into compliance with pre- sent-day standards. C) The Developer may aerate the lake if deemed desirable, and may use lake for irrigation purposes. • 0) A bulkhead may be constructed along all or part of the lake bank in lieu of standard sideslopes. E) The Developer has the right to relocated the drainage from the cypress area to the lake to facilitate planning. F) Wells for lake recharge may be permitted as long as required SFMWO permits are obtained. G) Developer shall demonstrate that this project causes no adverse impact on the contributory wetlands east of this ,proj.ect et time of s.bmittel .of drainage .plans. . H) Developer shall provide a drainage easement to Collier County encompassing the entire wetland/lake/outfall system. 15 AUDK 027 FP-.1-130 IMrO • 4.14 EXEMPTIONS FROM SUBDIVISION REGULATIONS The following exceptions to the Collier County Subdivision Regulations apply to this project: a. Article X1 , Section 17F: Right of Way width with review and approval by the Engineering Department and Utility Division. • b. Article X1 , Section 171: Curb Radii. c. Article XI , Section 17J: 100 foot tangent at intersections. d. Article XI , Section 10: Valve covers at monuments in streets. e. Article XI, Section 17K: 100 foot tangent at reverse curves. 4.15 ENVIRONMENTAL STIPULATIONS 1) A site clearing plan shall be submitted to the Natural Resources Management department and the Community ` Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the devel- opment schedule. The site clearing shall depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Commu- nity Development Division for their review and approval . This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. • 3) All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development e.re.ss, lopen !space v.rers,.ma-nd -preserue areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. 16 • 6C0K C27 Pa .131 _ I p 4) if, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Manage- ment Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activities. 5) Prior to a more "finalized" site plan, a conceptual site plan must be submitted to NRMD for review NRMO • wishes to cooperate with the petitioner to maximize • retention of native habitat and landscaping. 6) All butterfly orchids must be transplanted to areas approved by NRMD prior to site development. 7) The petitioner shall satisfy all state (Florida Game and Fresh Water Fish Commission) stipulations concerning protected plant and animal species (i .e. , gopher, turtles). 8) Petitioner will be subject to Ordinance 75-21 (or the trre/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. • 9) For all of the stipulations above, mutual agreements must be reached between NRMD and personnel of the Pavilion Lake development. If mutual agreements cannot be reached, the matter will be brought before the EAC or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes. If arbitration is futile, the matters will be brought before the Board of County Commissioners (BCC) . the BCC to act as the final arbitrator. TR7CFITi:-C Ol11TROL 1) The developer shall provide a fair share contribution toward the capital cost of traffic signals and related intersection improvements should they become needed in • the future. The signals will be owned, operated and maintained by the County. Road impact fees shall be credited toward this fair share contribution. <+ 17 p00K l:27 rA`•!132 • y.;. �. • • SECTION V 0 • 5.. 1 PURPOSE . The purpose of this Section is to set for the• standards .for development of the project. 5.2 DEVELOPMENT COMMITMENTS A. Energy 1. Construction shall comply with applicable local and state energy codes. . 2. Reasonable "good faith" efforts to utilize state-of-the art energy conservation tech- niques shall be made where practically and economically feasible. Such techniques may include, but not be limited to the• followtng: a. Use of energy-efficient features in window design (e.g. , shading and • tinting) . b. installation of energy-efficient appli- ances and equipment. c. Reduced coverage by asphalt, concrete. rock and similar substances in street. parking lots and other areas to reduce local air temperature and reflected light and heat. • d. Installation of energy-efficient lighting for streets , parking area, recreation areas and other interior and exterior public areas. e. Selection of native plants, trees, and • other vegetation and landscape design features that reduce requirements for water, fertilizer,. maintenance and other needs. • f. Planting of 'shade trees to provide .•reeimrr b Le •sf:E es o-•aoper. .+are.a. .4s tre e t s 'and parting 'areas._ . _ g. Provision for structural shading (e.g. , trellises , awnings and roof overhangs) • wherever practical when- natural shading _cannot be used effectively. h.. .. Inclusion of porch/patio area In res- idential units. 18 bH4 �2 7 D:.:133 Q 3. Deed restrictions and other mechanisms shall not prohibit or prevent th use of alternative energy devises such as solar collectors (except when necessary to protect the public health, safety and welfare). B. Air Quality 1. The developer shall comply with applicable codes and apply for required permits relative to air quality. 2. In the interest of public welfare, the Developer agrees not to burn cleared materials on-site. C. Water Management 1. Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 2. The drainage system for Pavilion Lake shall implement the commonly accepted water quality and management practices. 3. An on-going maintenance and monitoring program that regularly inspects and maintains the stormwater drainage system shall be implemented. D. Utilities 1. A central water supply system shall be made available to all areas of the project, The water supply source for the project shall be Collier County Utilities. 2. All areas of the project shall be served by the Collier County central sewage system if available. 3. The development shall be in substantial compliance with applicable County laws and _ordinances;.go•vernin5 -i,).i¢b imateJ laic ons .and";facilities. 4. Telephone, power and T.V. cable service shall be made available to the site. 19 6ODK C27 rIr••[134 ii E. Transportation 1. The Developer will make improvements neces- sary to provide LOS "c" Capacity on U.S. 41. These improvements are: a. Addition of a second left turn lane on northbound U.S. 41 at the Vanderbilt BeaO Intersection. b. Addition of another westbound lane on Vanderbilt Beach Road from U.S. 41 to the westerly entrance to the Pavilion Shopping Center. c. Contribution toward construction of improvements to right turn lane from Vanderbilt Beach Road onto U.S. 41 , not to exceed one-half the cost thereof or $5,000.00, whichever is less , provided said improvements are undertaken at the same time as those described in "a" and "b" above. 2. There will be no project entrance on 91st Avenue North except for emergency vehicles. This emergency entrance will be landscaped and guarded by a "knock-down" barrier to prevent normal vehicular traffic. This entrance may be used during construction as an access for construction vehicles, and if so used, such dust control measures as may be reasonable to prevent construction traffic from causing a nuisance to residents of 91st Avenue North will be instituted. 3. A 5-foot sidewalk/bikepath is to be constructed as shown on the P.U.D. Master Plan to replace an existing sidewalk traversing the site. The existing sidewalk will be kept in service until the replacement is completed. At least one park bench will be provided along the path near the cypress area and at such time as the developer constructs a parking lot along the eastern boundary of the project, lighting will be :prov4ded eJ.ong those sections ,of _the .si.deva•l k aCjairnt '4he.reto. 20 600K en:q 135 • 4a. 4. Where the replacement sidewalk terminates at the shopping center pavement, the developer will provide a marked pedestrian crossing with appropriate signage connecting the end of the walk to the center and striping along the north edge of the shopping center rear parking lot to create a bikeway, both improvements subject to the approval of the shopping center owner. F. Payment in Lieu of Land Dedication Section 3. 1II.B.B. of the future land use element of the Collier County Comprehensive Plan provides for payment in lieu of recreational land dedication. The recreational land dedication requirement for Pavilion Lake is 0.78 acres (156 D.U. x 2.5 persons/D.U. x 0.002 ac/person - 0.78 acres). In accordance with the provisions of the Comprehensive Plan, an appraisal , acceptable to the Board of County Commissioners, was made by the developer for the purpose of determining the value • of land to be dedicated. A total payment in the amount if $70,200 is to be made by The Pavilion Lake's developer or his designee, one-half payable prior to issuance of the first certificate of occupancy, the balance due prior to the issuance of the seventy-eighth certificate of occupancy or within one year after the first payment, whichever first occurs. • 21 BOOR Can"...1313 SECTION VI STATEMENT OF COMPLIANCE The development of 15.02 acres of property in Section 33, Township 48, South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as Pavilion Lake, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development of Pavilion Lake will be consis- tent with the growth policies, land development regulations and applicable Comprehensive Plan documents for the following reasons: 1. The project development is compatible and comple- mentary to the surrounding land uses. 2. Improvements are planned to be in compliance with applicable regulations. 3. The project is an example of good land planning in that it provides proper transition between a commercial P.U.D. (the property faces the rear of The Pavilion Shops ) and the low-rise, multi-family and single family units of North Naples. This • follows classical zoning practices of stair-stepping from a higher class of conventional zoning district to a lower class. In effect, it will provide a buffer between commercial and low to medium density residential districts. 4 22 eoa� Q27r.<<.137 w r 01 CC .:1"4 i � sn ) Wim os L6'912 /) h Y �tl h'' SLI 0£ 2 Q ltrt /t 4. g o• y 6 J 8if U2 W e�3q p i•-: u • WWz AOOa' 4 n• 1° O gi cauQ vZx >- m _pp c cc Jr W>Ce nm ; U la N N p ¢►- wNW 00092_ z % m WI Q Q al yis C. d • __ Z yl ›.: V .f 1 it \ •Ir -p VI 7 ' i t I I trj>- \\��22 m 1 La I IIS U..... �/�%cam et La rN Z I �(� a /• a > ce � � �nyr • — . --_ Q Lu la IM F- WIF— U ma Q, ' H -/' —� =� O Y Z 12 F I' 3 r 1 4 Cr .. W D:� '• Qo I t w I C / W m fy cc °a� r- li:(7) / I ccz Cn m � a 4 W HO IJ aL w0 Q agcr gN Hr o Q S, v a� (] V O Q a. WU¢ 1�, !. 1e m WdW a'Iii In 6 a 00 Q.CC1 CC 40-- a I j • O.CC I cc 9x Q�L�1 FJ• cc a i H m Ob^',�` zwx,/ p/ W tr •rn W 2 I • � 9-797 6 — � es-CC -� a na yz D O i = m 1 Q II ICI•U. 11J0tl3ONVA a U O J DDOK 027 F=-.:138 V 1 STATE OF FLORIDA COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 87-41 which was adopted by the Board of County Commissioners on the 26th day of May. 1987, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 4th day of June, 1987. JAMES C. GILES Clerk of Courts and Clerk ': Ex-officio to the Board.of County Commissioners ; ; By �(1To uise Chesonis Deputy Clerk SOOK Q27F1,1139 Pavilion Lake PUD Amend Ordinance Number 87-41 • AMENDMENTS TO MULTI FAMILY RESIDENTIAL DEVELOPMENT SECTION III OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 87-41, THE PAVILION LAKE PUD Section III, entitled "Multi Family Residential Development" of the PUD Document attached to Ordinance Number 87-41,the Pavilion Lake PUD, is hereby amended as follows: *** *** *** *** *** Text Break *** *** *** *** *** 3 .4 REGULATIONS *** *** *** *** *** Text Break *** *** *** *** *** 3.4.4 Buffers: A. Along 91st Avenue North right-of-way ...-a 5'buffer with landscaped fence or a masonry wall not higher than 6-8'above the crown of 91St Avenue North. B. Along the south,west and east property lines a 5' land- ' • scaped buffer with vegetation meeting the requirements of Section 8.37 of the Zoning Ordinance,or a solid wall not to exceed 6L8'in height. C. Along wetland preservation area a 10' buffer within which a pedestrian walk- way/bikepath may be constructed. D. Deviation—Fences and Walls i. Deviation#1 seeks relief from LDC Section 5.03.02 -Fences and Walls, Excluding Sound Walls, which requires walls located on residential property to be a maximum height of six feet,to allow a wall along the perimeter of the property to be a maximum height of eight feet. • Words underlined are additions;words strwelEtkrough are deletions Pavilion Lake PUD,PDI Last Revised 04/25/2016 Page 1 of 1 Pavilion Lake PUD • Deviation Justifications Deviation 1: Deviation #1 seeks relief from LDC Section 5.03.02 - Fences and Walls, Excluding Sound Walls, which requires walls located on residential property to be a maximum height of six feet, to allow a wall along the perimeter of the property to be a maximum height of eight feet. Justification: The subject PUD abuts existing commercial properties along the south and east property lines. The commercial properties are permitted to have walls with a maximum height of eight feet. The PUD requests the additional height in order to better buffer the residents from the commercial activities in the adjacent commercial properties. The property also abuts an existing residential community to the west, which has a mature buffer without a wall. Additionally, 91st Ave North is a local east/west street connecting U.S. 41 and Vanderbilt Drive. The street carries a great deal of cut through traffic for people attempting to avoid the busy U.S. 41Nanderbilt Beach Road intersections as they head toward Vanderbilt Beach. The condominium association would like to construct a uniform height fence around the entire community to provide additional privacy and noise attenuation for the community. • GradyMinor Page 1 of CMI Efou rcrs•laud Sun u urr•Planners•LandSCalor Nnitltects 01 184640 IS68JUN -I MiII: 20 00135! 000165 COLLIER COUNTY RECORDED 0f; !3001( PAGI_= DECLARATION OF CONDOMINIUM FOR REC t17ff PAVILION CLUB, A CONDOMINIUM PRM Pavilion Club Development Corporation, a Florida corpora- DDC*.v..tion, as owner of the real property hereinafter described, and INT--"--'developer of the imprbvements thereon (hereinafter called the IND ^Developer^), for itself, its successors, grantees, assignees and their transferees, makes the following declaration: §1. PURPOSE §1.1. The purpose of this Declaration is to submit the lands described in this instrument and improvements on such lands, to the condominium form of ownership and use, in the man- ner provided by Chapter 718, Florida Statutes (hereinafter referred to as the "Condominium Act"), and the Developer does hereby submit the lands described as Phases 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, inclusive, in Exhibit ^A^ hereto annexed and made a part hereof and improvements on such lands, to the condominium form of ownership and use. §1.2. All the provisions of the Declaration shall be construed to be perpetual covenants running with the land and with every part thereoftherein, and every con- dominium parcel owner -. i the land or any part thereof or interest t Z,e, and the s heirs, executors and administrators, succ- •• . and assigns, VI. 1 be bound by all of the provisions of t - ►- - . ion nles t is Declaration shall be terminated pur- a t • th- C. •omin'u. Act or as herein provided. Both th- bb:nefits conferred by this Declaration s al r •I r A Wm.n'um parcel as herein • defined. n §1.3. Theof the cond:uin' m:411a ated by this Decla- ration is Pavilio The .. a Con.i.:' i (hereinafter called ^Pavilion Club"). u §1.4. The con... - - A..ereby created shall be fee simple estates; no ' -tee are created by this Declaration. Page 1 of 36 pages. This Instrument was prepared by J. Stephen Crawford, Esq. 9200 Bonita Beach Road Bonita Sprinaa, Florida 33923 Condodecpa;ooiaaB z - ..+ w F' r q. �'S.x .". y`i 4-4 • • • • 00I351E 000166 OR ROOK !'AGE DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM • §2. DEFINITIONS §2.1. The terms used in this Declaration and in the Ar- ticles of Incorporation, the Bylaws and the Rules and Regulations of the Association, shall have the meaning stated in the Con- dominium Act and as follows, unless the context otherwise re- quires. Further, whenever the context so requires, the use of any gender shall be deemed to include all genders, the use of the plural shall include the singular and the singular shall include the plural. §2.2. Assessment means a share of the funds required for the payment of common expenses, which from time to time is as- sessed against the unit owner. §2.3. Association means Pavilion. Club Condominium As- sociation Inc., a Florida not-for-profit corporation, the cor- porate entity responsible for the operation of the condominium. §2.4. Board of Directors means the board of directors responsible for administration of the Association. §2.5. Bylaws means the bylaws of the Association exist- ing from time to time. §2.6. Common Elements includes within its meaning the following: .0V.R Co §2.6.1. The co j um prop- ',,t_ hich is not included within the units. L §2.6.2. Ease•ei s 43•thro .h . its o. conduits, ducts, plumbing, wiring =n• a a-' - or the furnishing of utility services t• u 111 §2.6.3. An _ Via-' - :. - , , portion of a unit which contributes t. e support of - • il0.s . §2.6.4. The p 9p-rty and ins:- = •ns required for the furnishing of utiliti-'s`•d other se e•. to more than one (1) unit or to the common e 11FE §2.7. Common Expense . . all expenses and assessments properly incurred by the Association for the condominium. Page 2 of 36 pages. Cond.d.o.PCC/05199! :1 M .t. • • 001354 0001G1 OR BOOK PAGE III DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §2.8. Common Surplus means the excess of all receipts of the Association, including, but not limited to, assessments, rents, profits and revenues on account of the common elements, over the common expenses. §2.9. Condominium means that form of ownership of real property which is created pursuant to the provisions of the Florida Condominium Act and which is comprised of units that may be owned by one or more persons, and there is, appurtenant to each unit, an undivided share in the common elements. §2.10. Condominium Parcel means a unit, together with the undivided share in the common elements which is appurtenant to the unit. §2.11. Condominium Property means the lands, leaseholds and personal property that are subjected to condominium owner- ship, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. §2.12. Declaration or declaration of condominium means the instrument or instruments by which the condominium is created, as they are from time to time amended. §2.13. Developer m-- -,may - tity which creates a con- dominium or offers cond.., is.'x:,73 or sale or'lease in the ordinary course of bu- -, but - ..t include an owner or lessee or a unit owne .. has acquire. unit for his own oc- cupancy. The Dave his condo.'n .um is Pavilion Club Development Corpora ori.. •• .ora i• . §2.14. > tial• t: - T • e owner and holder of a mortgage encu • g �i v •a, c=1, which owner and • holder of said mor.•-1716,,'-‘415,7-.A.• • h- , : •- , a life insurance company, a federal • state saving=- and 1.-. association, a real estate or mortgage . tment trust • -.e Xv •r state agency, the Federal National Mo a Associat ., successors and as- signs, the Developer, other gener��-•Recognized lenders and investors, and such oth- An•d�t•�a,•ee �/i`' 1 be acceptable to and approved by the Board of �7 C s1il€" • e Association. §2.15. Limited Common Element means a common element reserved for the use of certain condominium unit to the exclusion of other units, as specified in the declaration of condominium. Page 3 of 36 pages. Condcd.e.PCC/0518118 • _ - •. rMP a e 3 y ,r»"J.S�.'`" „S+ n _ - 4$4".. ` A • 001354 000168 On nrnf\ PAGE . • 410DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §2.16. Operation or "operation of the condominium" in- cludes the administration and management of the condominium property. §2.17. Unit means a part of the condominium property which is subject to exclusive ownership. A unit may be in im- provements, land or land and improvements together, as specified in the declaration of condominium. §2.18. Unit Owner or "owner of a unit" means the owner of a condominium parcel. §2.19. Utility Services as used in the Condominium Act and as construed with reference to this condominium, and as used in the Declaration and all exhibits attached thereto, shall in- clude, but not be limited to, electric power, gas, hot and cold water, heating and refrigeration, air conditioning, garbage and sewage disposal, cable television and communication equipment and other services required by governmental authorities. §3. DEVELOPMENT PLANS §3.1. Improvements • §3.1.1. Annexed R • •-.•: - part hereof as Exhibit "A" are the legal des. ons of the ail• on which each of the proposed phases is , .e built, a su ey showing each of the proposed phases, a s. •,-an s•- he -•p oximate locations of all existing and pr•• ed •u • -•sa•d im.ro ements that may ul- timately be contain-• S t r, - d graphic descrip- tions of all units r • a P' e- mi ted to condominium • ownership, includi • • • ' 'cat �.ers, locations and dimensions. The 1.4.. • -n• •t- o =,• therein are incor- porated herein an. .de a part ..;r=ofreference. The Developer reserves • 0 ight to ma rial changes in the legal description of -eft, -se. L' 0 §3.1.2. Where ad •1 I - Ah e been acquired by the same owner and combined i —dwelling place, the unit plans as described in Exhibit • may not reflect the interior • plans of the combined units, but the exterior boundaries of the combined units remain the same. Should any units be combined, combined units shall exist as separate units as described in this Declaration for the purpose of applying the provisions of this Declaration and all exhibits attached hereto. Page 4 of 36 pages. Condod•e.PCC1851888 oaf P nt:.. \• :Y 6" 404`_ .rF ,•,�'.,j8 .:• • • • • • • 001354 00�70I69 4111 OB n IS PI',.G`� DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM 1 §3.1.3. The minimum and maximum number of units in each phase is as follows: Phase 1 - 16 units; Phases 2, 4, 7, 10, and 16 - 12 units; Phases 3, 5, 6, 8, 9, 11, 12, 13, 14 and 16 - 8 units. The general size of each unit shall be from 1,275 to 1,620 square feet. The Developer reserves the right to alter the the size, number and location of windows, to provide screen enclosures, patios, fencing and privacy screens, covered parking and storage facilities. Any such changes will not substantially change the general architectural character of the buildings or reduce or increase the interior area of any unit beyond the limits above provided. §3.1.4. All recreational areas or facilities within the Condominium Property which will be owned as common elements. The recreational facilities will consist of a two story club house of approximately 2,000 square feet with a 356 square foot screened room with a refrigerator and bar sink, 2 air-conditioned offices and 2 bath rooms on the first floor, and which may be used in part for a resident manager's quarters, and a swimming pool com- plex of approximately B00 square feet of water surface and a deck adequate for use of 40 persons. The Developer reserves the right to expand the size of the club house, the pool and the deck to meet the needs of the unit owners without the consent of the unit owners as long as the Dei-rile - a majority of the units; provided the monthly m-:. i s ment by the Association will not be increased tiD .re than -- Dollars ($15.00) per unit during the fi s year after t - 'nstallation of such facilities. Facilites - ed on the onoominium parcel shall be for the exclusiv- se '• - own= s as a common element of the condominium - +- -1••er does not submit • all phases to cond.oi ` Ille e opershall have the right to the non-e c �y`, n • .. t of the ingress and egress easement sh. ..It ' `7-P1 • oad, utilities and 4 drainage, and the . -inage area i Ph s= shown on the Plot Plan for the benefi '; the lands _ . 'n the boundaries of the property shown o. ibit ^A' to . ' claration; provided, Developer, its succe =• - and assigns 1401 equitably share the costs of maintenance o - -e. -. • the drainage are if the right herein reserved ar i iLst .L is reservation shall not entitled the Developer, its -ors or assigns, to the use of the recreational facilities of the Condominium. §3.2. Phase Plan This is a phase condominium. The Developer reserves the right to refuse, without liability, to develop or to convey the land for additional phases. All phases must be added to the Con- Page 5 of 36 pages. Condodlm PCC/0511388 ! I c i 1 i}j- Ar 410.40 +-�`ewYY� XIR Y% 1 .tT1fy� �, yk,i, 21 , . • is 00I 3511 000 !70 OR '001R I'r`'G7 DECLARATION OF CONDOMINIUM . PAVILION CLUB, A CONDOMINIUM dominium Property and comply with the requirements of §718.403 of the Condominium Act and after which the right to add additional phases expires is September 1, 1994. §4. UNIT BOUNDARIES Each unit shall include that part of the condominium Property within the following boundaries: §4.1. Upper and Lower Boundaries The upper and lower boundaries of the unit shall be the fol- lowing boundaries extended to an intersection with the perimetri- cal boundaries: §4.1.1. Upper Boundary shall be the horizontal plane of the undecorated, finished ceiling of the top story above the lower boundary. §4.1.2. Lower Boundary shall be the horizontal plane of the undecorated, finished floor of the bottom story. §4.2. Perimetrical Boundaries The perimetrical boundar' the unit shall be the verti- cal plane of the undecor- ' hed inner surfaces of the walls bounding the un.','�f. r.. -'!'+- • 'ntersections with each other and with the upr '"d lower bou •4r'es. §4.3. Bo ..r'- !COML.-az— ,--fig- The boundariestory_ i elude all of those spaces and improv-m ndecorated or un- finished inner surfa�C1• - and those surfaces above the undecora. is ' n•' • :c•ch unit, and those • surfaces below the ••ecorated finite• •• .• of each unit, and further, shall not i ude those s•.c. Alk. improvements lying within the undecorat-.unfinished i eri urfaces of all inte- rior bearing walls an• ng partit'•x and further, shall ex- clude all pipes, ducts, q.. -nd other utilities run- ning through any interior ( ]:tib tion for the furnishing of utility services to other units or for common elements. In those units where attic storage access is provided, a unit owner may use the crawl space for storage at the unit owner's risk. Any damage caused to the unit or common elements by using this storage area shall be the singular expense of the unit owner. i Page 6 of 36 pages. Condod.e.PCC/051888 a� : f M t� ' ">�•��„"'SC « 4rS j i k t. t "..-6 _:S'' is 0 •001351 000171 • 0[; 200K DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM Pr�.G • §4.4. Balconies and Patios A unit shall include, as indicated on Exhibit "A", a balcony or a patio. The boundaries of the balconies and the patios shall be as follows: All lower and perimetrical boundaries shall be the same as set forth above; however, should a perimetrical boundary be a railing, then the unit shall include the railing and the boundary shall be the exterior surface of the railing. Maintenance of the finished floor of the balcony or patio shall be borne by the unit owner to which the balcony or patio is ap- purtenant. Each balcony and patio is a part of the unit which it abuts and is for the exclusive use of the owners of the abutting unit, provided, however, no unit owner shall paint or otherwise decorate or change the appearance of any portion of the con- dominium building or condominium property. §4.5. Windows and Doors A unit shall include, as indicated on Exhibit "A", windows and doors in the perimetrical walls of the unit. The unit owner shall be responsible for the maintenance and repair of all such doors and windows. §5. OWNERSHIP SER:.. c-1COLI�T §5.1. T •e • a. 3t1• �^ C. Ownership of ea ium parce ma be in fee simple or in any other estate i r---- •ro.e • rec.,nl ed by law and sub- ject to this Decla.at o.• p1-• •• -r, time share estates • may not be created :n- lit: `! The owners of .rd of the .•., s x/shown on the Public Records of Collier i•• , Florida," -, members of the As- sociation. There sha i ., one (1) me.,.. ip for each unit and if there is more than •'A, rec• ".1e-er per unit, then such membership shall be divi•-. ej' . •wners in the same manner as is their ownership in the •11' §5.3. Unit Owner's Rights, The owner of a unit is entitled to the exclusive possession of such owner's unit. Each unit owner shall be entitled to use the common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon . Page 7 of 36 pages. Cwdod.c.PCC/osieee a - 41110 001354 000 ! 72 or `,00K DECLARATION OF CONDOMINIUM • PAVILION CLUB, A CONDOMINIUM the lawful rights of owners of other units. There shall be a joint use of the common elements and a joint mutual easement for that purpose is hereby created. §6. SEPARATION AND PARTITION OF COMMON ELEMENTS The fee title of each condominium parcel shall include both the condominium unit and an undivided interest in the common ele- ments; said undivided interest in the common elements is deemed to be conveyed or encumbered with its respective condominium unit, even though the description in the instrument of conveyance may refer only to the fee title to the condominium unit. The share in the common elements appurtenant to a unit cannot be con- veyed or encumbered except together with the unit. Any attempt to separate and any action to partition the fee title to a con- dominium unit from the undivided interest in the common elements appurtenant to each unit shall be null and void. §7. OWNERSHIP OF COMMON ELEMENTS Each of the unit owners of the condominium shall own an un- divided fractional interest in the common elements; the common denominator of such fraction s.. be the number of units in the condominium and the numer. • ;wab�2- one. §8. COMMON EXP . COMMO SU—LLT: The common ex.- :es o •• •orne by e= of the unit owners of the condominium • 1 • T.: - - share of the total expenses and costs e A s of the unit owners of the condominium •• i.r - .ortion of the com- . mon expenses and co- _, • d • e '+ • ...e equal to the unit owner's undivided f ional intere . i t ommon elements. Any common surpl • the Associa •141 all be owned by each of the unit owners i • = same pro.. '•n as their undivided fractional interest in a - -4 s. §9. MAINTENANCE. ALTERATIONS AND IMPROVEMENTS Responsibility for the maintenance of the condominium property and restrictions upon its alterations and improvements shall be as follows: Page 8 of 36 pages. Condod•c.PCC/851888 • • b • o•-. c.• ;•,.. �iu„moi;+� •:...:- ; • Sou Za r 0 0 I 3 5 k 000173 PACri OR ni; DECLARATION OF CONDOMINIUM I • PAVILION CLUB, A CONDOMINIUM §9.1. Units §9.1.1. By the Association. The Association shall main- tain, repair and replace at the Association's expense: §9.1.1.1. All portions of a unit contributing to the support of the condominium building, which portions shall include, but not be limited to, outside walls of the building and all fixtures on its exterior, those portions of boundary walls not a part of unit; floor and ceiling slabs; load-bearing columns and load- bearing walls. §9.1.1.2. All conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services contained in the portion of a unit maintained by the Association; and all such facilities contained within a unit that service part or parts of the condominium other than the unit within which contained. §9.1.1.3. All incidental damage caused to a unit by such work immediately above-described shall be repaired promptly at the expense of the Association. §9.1.2. By the Unit Owner. The responsibility of the unit owner shall be as follows: §9.1.2.1. To keep a MA3.StCiD owner's unit, its equip- ment and appurtenances ois., or.--1V••.edition and repair, and to perform promptly aintenance a . - -pair work within the unit which, if omit d woui. affect th- condominium in its en- tirety or in a part be o,.. • • .. •rs; .ei g expressly respon- sible for the dams a - .. 1_- .1 whic' a y failure to do so • may engender. Not it a ta.ned in this Decla- ration, the owner of • iv ia.le and responsible for the maintenanc=, � • �• ac ;--s the case may be, of all windows and ,a` 11 exterior d••rs, 1-?• ding sliding glass doors and all air .itioning and ,a i•• -quipment, including pipes, wiring, duct- .ixtures and'. _e..nnection required to provide water, acces-1 ..ht, power, •onditioning and heat- ing, telephone, sewage 14e, -nita '•e to the unit which may now or hereafter be sit't n Peet, , all of which if not a part of the unit shall be .9.. limited common elements. §9.1.2.2. To maintain, repair and replace any and all walls, ceilings and floor interior surfaces, painting, decorating and furnishings, and all other accessories which such owner may desire to place and maintain in his unit. Page 9 of 36 pages. comaa...ecCi 5 eee 1*04. e.r • • • 7 I 00 00I354 0174 OR NOKPd(=E • DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §9.1.2.3. Where applicable, to maintain and keep in a neat • and clean condition the floor, interior walls, screening and railings of patios, sun decks. or balconies, and covered parking and storage facilities appurtenant to the unit. §9.1.2.4. To promptly report to the Association any defect or need for repairs for which the Association is responsible. §9.1.2.5. To repair the plumbing and electrical fixtures and equipment located within a unit and those exclusively servicing a unit shall be paid for and be a financial obligation of the unit owner. §9.1.2.6. Any officer of the Association or any agent of the Board shall have the irrevocable right to have access to each unit from time to time during reasonable hours as may be neces- sary for inspection, maintenance, repair or replacement of any common element therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the com- mon elements or to another unit or units. §9.1.2.7. Not to paint or otherwise decorate or change the appearance of any portion of the exterior of the condominium building and property. §9.1.3. Alteration and Improvement. Except as elsewhere reserved to the Developer, neither a unit owner nor the Associa- tion shall make any alterati•- ' •- portions of a unit that are to be maintained by the ..ove any portion of such, make any additions to ..-r an •at would jeopardize the safety or soundness a building ote impair any easement, without first obtai in• • oval in w 'ti g of owners of all units in the buildi g =n•. ••p - th= Bard of Directors of the Association. • c.p of • . fo all s ch work prepared by an architect licen-ed • i to e of Florida shall be filed with the •ss•� at o r' —. -t.. t of the work. 4111 §9.2. Comm_ e.en s j §9.2.1. = tfflksociatioi. '! e enance and operation of the limited common •ents and the •• •n elements, including the repair, maintenance - -• eplace. 1e • landscaping and other improvements and facili -. - e responsibility of the Association as a common exp- §9.2.2. Alteration and Improvement. After the completion • of the improvements included in the common elements contemplated by this Declaration, there shall be no alteration or further im- Page 10 of 36 pages. Condod•c.PCC105188B 001354 000175 • rlf101c 0 U( DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM provement of the real property constituting the common elements (other than the construction of covered parking facilities and associated storage) without prior approval in writing by not less than seventy-five percent (75%) of the units, if the cost of same shall be a common expense which would exceed in cumulative expen- diture for the calendar year, fifteen percent (15%) of the average of the common expenses for the prior three (3) years. Any such alteration or improvement shall not interfere with the rights of any unit owner without their consent. §9.2.3. Land Acquisition. Land acquired by the Associa- tion may be added to the land submitted to condominium ownership hereby. This may be done by amendment to this Declaration that includes the description of the acquired land and submits the said land to condominium ownership under the terms of this Decla- ration. The amendment shall be executed by the Association and adopted by the unit owners in the manner elsewhere required. Such amendment, when recorded in the public records of Collier County, Florida, shall divest the Association of title to the land and shall state that it conveys all interest of the Associa- tion to and vests the title in the unit owners, without naming them and without further conveyance, in the same undivided shares as the undivided shares in the common elements appurtenant to the units owned by them. §9.2.4. Land .• Any land acquired by the Association that is no 4r~:1 • An)," the land submitted to condominium ownership _% =mendment o t. Declaration, may be sold or mortgaged o erwise dispos-. • by the Association after approval in w it'n• •y _.= -.•rd .ni, owners of not less than seventy-five .e. en of the ni s. This approval shall be evidenced •y �� • •T tat the approval was duly given, which e. . i• cu ed by the officers • of the Association ( • _ '•" a deed and delivered to a purchaser or m e s 4 §9.2.5. Perso�. P o•ert . Ap,a1 property acquired by the Association ma sold or mort•-•E or otherwise disposed of by the Association. ()am B V 49.3. En orce,en r4,K _,c'•. ce. In the event the owner of a unit fails to maintain a unit as required above, the Association, the Developer or any other unit owner shall havethe right to proceed in any appropriate court to seek compliance with the foregoing provisions and to seek to recover from the unit owner and the unit for the necessary sums to put the improvements within the unit in good condition and for Page 11 of 36 pages. Condod•a.PCC(o5188B 001354 000176 OR 73?OK PAG DECLARATION OF CONDOMINIUM • PAVILION CLUB, A CONDOMINIUM damages arising from the failure of the unit owner to comply with the provisions hereof. The Association has an irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair or replacement of any common elements or for making emergency repairs which are necessary to prevent damage to the common elements or to another unit or units. §10. USE RESTRICTIONS The use of the property of the condominium shall be in ac- cordance with the following provisions: §10.1. Units §10.1.1. Each unit shall be occupied only as a residence and for no other purpose. No unit shall be permanently occupied by more than four persons, and the maximum number of overnight guests shall be not more than eight persons per unit. §10.1.2. Except as reserved to the Developer, no unit may be divided or subdivided into a smaller unit nor any portion thereof sold or otherwise transferred without first amending this Declaration to show the changes in the units to be affected thereby. §10.1.3. Nothing r 1:R . • J� - •layed or placed on the exterior- walls, doors R :ows, balco eh or patios of the unit or the building with• e prior writte c• sent of the Board of Directors. §10.1.4. No :10 - s d-vices shall be al- • lowed on any patios o.1 • '�• I ' •n.o,inium units, or any other part of the ...: ••*rty� i,hp t the written con- • sent of the Board o pa to §10.1.5. No o L. shall make, -y l • • cause to be made, any structural addit •r alteration • ••y unit or the common elements without the p. • ritten coof the Association. • §10.2. Comma E - L• -d Com • Ele,e, The common elements and limited common elements shall be used only for the purpose for which they are intended. Page 12 of 36 pages. c•nd•d...rccro3i.8U 1 — 1W , • .'Cr X r k n i• Aa- • 00I35ii. 0 0 0 I 7 7 OP 3co;c PACT. • DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §10.3. Nuisances No nuisances shall be allowed on the condominium property nor any use or practice which is the source of annoyance to resi- dents or which interferes with the peaceful possession and proper residential use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition and no rubbish, refuse or garbage shall be allowed to accumulate or any fire hazard allowed to exist. No unit owner shall permit any use of any unit or of the common elements which will increase the rate of insurance upon the condominium property. §10.4. Lawful Use No immoral, improper, offensive or unlawful use shall be made of the condominium property or any part thereof; and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental bodies which require maintenance, modification or repair of the con- dominium property shall be the same as the responsibility for the maintenance and repair of the property concerned. §10.5. Signs No signs shall be • gel- S-• M,•, - unit or on common ele- ments except such sign- : all hav- `-4b. ce written approval by the Association. C. §10.6. Rule- - .d . at on ivy • Reasonable ru es �.er ing the use of the condominium proper = $. ,. s.\- ••e; • om time to time by the Association in !!!4;•• RRR�� •ed Articles of Incor- poration and By-La r. Copies of s ` r-• •ions and amendments thereto shall be fu,. •hed by the .-c a to all unit owners and residents of the .? .ominium upon' •• * §10.7. Proviso gprNE R05 Provided, however, tha -n- he Developer has completed all of the contemplated improvements and closed the sales of all of the units of this condominium, neither the unit owners nor the Association nor the use of the condominium property shall inter- fere with the completion of all contemplated improvements and the sale of all units, and the Developer may make such use of the un- sold units and common areas as may facilitate such completion and Page 13 of 36 pages. Coadod•a.PCC/053888 v • • - i I I • 00135h 000178 '1001( DECLARATION OF CONDOMINIUM . PAVILION CLUB, A CONDOMINIUM . sale, including, but not limited to, maintenance of a sales of- fice, showing of the property, the rental of units, and the dis- play of signs. §11. PARKING SPACES §11.1 Assignment of Parking Spaces Each assigned parking space is identified, described and lo- cated on Exhibit "A1°. Upon the assignment by the Developer of such parking space it shall be a limited common element appur- tenant to a unit, and the owners of such unit shall have the ex- clusive right to the use thereof without separate charge by the Association, although nothing herein contained shall be construed as relieving such owner from any portion of any assessment for common expenses made against a unit, as herein provided, it being the intent that the cost of maintenance and administration of limited common elements shall be included as part of the common expense applicable to all units for purposes of assessments. The assignment of parking shall be at the sole discretion of the Developer. Each unit shall be assigned one (1) parking space. After the Developer has sold, transferred and conveyed all the units any unassigned parking spaces shall be designated as Guest Parking Spaces. Developer may covered all or part of the as- signed parking spaces. §11.2 Guest Park• . :,!-•Glil, Guest Parking Sp. ='' - all be a f the common elements and shall be under e ontrol and jur -di tion of the Associa- tion, except that o °u , Spac- y be assigned to a unit or otherwise a ferr .ppr• a in the same manner as required to ame • ,AsaL. • 1 §12. EABENENTBn C<IDI • Each of the fo, 'ng easementk. - •_ .venant running with the land of the cond•;� 'um and notwi loving any of the other provisions of this De 4 on, maysubstantially amended or revoked in such a wa• -fa .. - ly interfere with their proper and intended use a • d shall survive the ter- mination of the condominium an• e exclusion of any lands of the condominium from the condominium, to-wit: Page 14 of 36 pages. • C.ndod.e.PCWosieee 1 J • 4110 0 0 I 3 5 k 000179 OR ]COK PAGE DECLARATION OF CONDOMINIUM 411) PAVILION CLUB, A CONDOMINIUM §12.1 Utilities Easements as may be required for utility services in order to adequately serve the condominium property; provided, however, easements through a unit shall be only according to the plans and specifications for the building or as the building is actually constructed, unless approved, in writing, by the unit owner. §12.2 Pedestrian and Vehicular Traffic Easements for pedestrian traffic over, through and across sidewalks, paths, lanes and walks, as the same may from time to time exist, upon the common elements; and for the vehicular traf- fic over, through and across such portions of the common elements as may be from time to time paved and intended for such purposes. §12.3 Support Every portion of a unit contributing to the support of the condominium building or an adjacent unit shall be burdened with an easement of support for the benefit of all other units and common elements in the building. §12.4 Easement in Common Elements The common elements shall be, and the same is hereby declared to be subject t• . .= nonexclusive easement in 44 favor of all of the.ow - s . 3.. - i... e condominium for their use and the use of th- , • . ediate fa i-, guests and invitees, • for all proper and ,0-..1 purposes, a•• .or the furnishing of services and facil- i= c he am- are reasonably in- tended, for the enj• .-n ss�' `�owwnn rs. • r §12.5 Ri• i'i ifillen �- In case of an -11LIMIF-L na 10 or threatening any unit, regardless o ether or no th o - is present at the time of such emerg- , the Board i ,e ors of the Associa- tion, or any other `n on authori it, or the building manager or managing "````-iiiiii • shall ha .- right to enter such unit for the purpose o. *-,-x��-^ •r -ting the cause of such emergency, and such rig}it �C • all be immediate and to facilitate entry in the event`D - y such emergency, the owner of each unit, if required by the Association, shall deposit under the control of the Association, a key to such unit. Page 15 of 36 pages. Condod•c.PCC(051HIg :,..17,c_-,, •e612.�*"SS.ly,1�S :dir % } S I I 1 ANL 00 ( 354 000 ( 00 0' 70K PAGE • DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §12.6 Right of Entry to Common Property Whenever it is necessary to enter any unit for the purpose of performing any maintenance, alteration or repair to any por- tion of the condominium property, the owner of each unit shall permit other owners by their representatives, or the duly con- stituted and authorized agent of the Association, to enter such unit for such purpose, provided that such entry shall be made only at reasonable times and with reasonable advance notice. §12.7 Easements for Encroachments In the event that any unit shall encroach upon any of the common elements for any reason not caused by the purposeful or negligent act of the unit owner or owners, or agents of such owner or owners, then an easement appurtenant to such unit shall exist for the continuance of such encroachment into the common elements for so long as such encroachment shall naturally exist: and, in the event that any portion of the common elements shall encroach upon any apartment unit, then an easement shall exist for the continuance of such encroachment or the common elements into any unit for so long as such encroachment shall naturally exist. §12.8 Air SpaceLIAR C00 An exclusive eas -k for the us- o,r, he air space occupied by a condominium uni. it exists at a ..rticular time and as the unit may lawful .- i §12.9 Ease e , r r•r `r,;"•s.-,r._I.4-d isor 'its Easements or 7 • Ihg 44.. the r :•- er walls, ceilings and floor surrounds .o, 11 §12.10 Ease, :;, for Over:al.L Easement for ove •11. . trough` • tters, downspouts and the discharge therefro .�-. . .s •nd the subsequent flow thereof over condominium u .L. 1 .f them. §12.11 Easement for Air Space of Common Elements An exclusive easement for the use of the area and air space occupied by the air conditioning compressor and the equipment and fixtures appurtenant thereof, situated in and/or on common ele- ments of the condominium but exclusively serving and individually owned by the owner of the unit, as the same exist in and on the Page 15 of 36 pages. Condodee.PCC/051888 '" .'•moi,-'eµv��•""_- - - a • l.JE9�7 • tt • 001354 000121 DECLARATION OF CONDOMINIUM OR DOOR PAC: PAVILION CLUB, A CONDOMINIUM land, which exclusive easement shall be terminated automatically in any air space which is permanently vacated by such air con- ditioning compressor, and the equipment and fixtures appurtenant thereto; provided, however, that the removal of same for repair or replacement shall not be construed to be a permanent vacation of the air space which it occupies. §13. ASSOCIATION In order to provide for the proficient and effective ad- ministration of this condominium by the owners of units, a non- profit corporation known and designated as PAVILION CLUB CON- DOMINIUM ASSOCIATION, INC., has been organized under the laws of the State of Florida and said corporation shall administer the operation and management of this condominium, and undertake and perform acts and duties incident thereto in accordance with the terms, provisions and conditions of this Declaration of Con- dominium, its By-Laws and the Rules and Regulations promulgated by the Association from time to time. §13.1 Articles of Incorporation A copy of the Artic Z.• 16 ;illation of the Association is attached hereto as ;e5.1,, . this reference incor- porated herein as a p �• this Decla • •i • . §13.2 Bylaw • The Bylaws of t � i the bylaws of the condominium, a cop AL; e as Exhibit "C". � • §13.3 L m' � •- -t so '- ioa Notwithstanding'- duty of th9711- : ion to maintain and repair parts of the "minium prope he Association shall not be liable to unit 1- for inj 4'', damage, other than the cost of maintenance and •-p. u• any latent condition of the property to be maintai = - £ L.. red by the Association, or caused by the elements or other owners or persons. §13.4 Restraint Upon Assignment of Shares in Assets The shares of members in the funds and assets of the As- sociation cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to a unit. I i Page 17 of 36 pages. Condodee.PCC/051889 i 1 _'.`cyk-',4y ,��.d *SittA'{4404t�L-.f#q �``�'�ti -1 00I35i, 000182 OR 200K PAGE III DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §13.5 Approval or Disapproval of Matters Whenever the decision of a unit owner is required upon any matter, whether or not the subject of an Association meeting, such decision shall be expressed in accordance with the Bylaws Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the unit number or address, any mortgage holder, insurer or guarantor will be en- titled to timely written notice of any proposed action that re- quiresthe consent of a specified percentage of the mortgage holders. §13.6 Membership The record owners of all units in this condominium shall be members of the Association, and no other persons or entities shall be entitled to membership except for subscribers to the Ar- ticles of Incorporation. Membership shall be established by ac- quisition of ownership of fee title to, or fee interest in a con- dominium parcel in said condominium, whether by conveyance, devise, judicial decree or otherwise, subject to the provisions of this Declaration and by the recordation among the public records of Collier County, Florida, of the deed or other instru- ment establishing the acqui .d designating the parcel af- fected thereby and by t , 441..REGO . he Association of a true copy of such deed or '• ,is ru,,,. all thereupon become a member of the Associ. •., and the meo-e,k .ip of the prior owner as to the parcel des'• ,all be to . 'n- ed. §13.7 Voti • On all matter .. o h I' -r.hi• shall be entitled • to vote, there sha = �_ v•, _ i. each unit. §13.8 Reco_J ..) The Association - 1 maintain a•i ..ke available to unit owners and the lender- - - to hol•- ss, nsurers and guarantors of any first mortgage os1`j —.Ai", upon written request, during normal business h.. " - • der other reasonable cir- cumstances, current copies of this Declaration, the Bylaws of the Association, rules of the Association, and the books, records and financial statement of the Association. Page 18 of 36 pages. Condodeo.PCCfa5 an • III s , .. ., .1 4 . AO"' • 00I35 ►, 000103 OR PC0K PI,GF • DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §14. INSURANCE The insurance, other than title insurance, which shall be carried upon the condominium property and the property of the unit owners shall be governed by the following provisions: §14.1 Authority to Purchase All insurance policies upon the condominium property shall be purchased by the Association for the benefit of the Associa- tion and the unit owners and their mortgagees, as their interest may appear, and provisions shall be made for the issuance of cer- tificates or mortgagee endorsements to the mortgagees of unit owners. Such policies and endorsements shall be deposited with the Insurance Trustee. Unit owners may obtain insurance. coverage at their own expense upon their personal property and for their personal liability and living expense. All policies purchased by the Association must be written by insurance companies authorized to do business in the State of Florida. §14.2 Coverage §14.2.1 Casualty. All buildings and improvements upon the land, including units and all personal property of the Associa- tion included in the condominiuu .roperty (but expressly exclud- ing floor, wall and cp4 . ., . • ` s within the individual Units), are to be insu .S_ qual to the maximum in- surable replacement v- , excludin. • 'dation and excavation costs,and subject to reasonable de. c •ble amounts, as are determined annually • - . • • .irec or of the Association, and all such insur• �� •b= obta ned, i possible, from the same company. Suc -+ ji, • �. r.tection against: ! .a% � - N d .t er hazards covered by a standard exte v •or and flood disaster insurance. §14.2.1.2 Such • risks as 1f 'Pine to time shall be customarily covered espect to .d.j. iings similar in con- struction, location and - • •ut not limited to, van- dalism and malicious misc"-tfE CI. §14.2.2 Public Liability. In such amounts and with such coverage as shall be required by the Board of Directors of the Association with cross liability endorsements to cover liability of the unit owners as a group to a unit owner, but in no event Page 19 of 36 pages. Co.dod.e.PCCIO 1888 • • • 001354• 000184 OR [TOR PAGE DECLARATION OF CONDOMINIUM • PAVILION CLUB, A CONDOMINIUM I � shall the amount of such insurance coverage be less than One Mil- lion Dollars ($1,000,000.00) for bodily injury and property damage on a per occurrence basis. §14.2.3 Workmen's Compensation. As shall be required to meet the requirements of law. §14.2.4 Association Insurance. Such other insurance as may be required by the Federal National Mortgage Association Lending Guide, Chapter Three, Part 5, Insurance Requirements, and as the Board of Directors of the Association, in its discretion, may determine from time to time to be in the best interest of the Association and the unit owners. §14.3 Premiums. Premiums for insurance policies purchased by the Association shall be paid by the Association. §14.4 Assured All insurance policies purchased by the Association shall be for the benefit of the Association and the unit owners and their mortgagees as their interest may appear and shall provide that all proceeds covering casualty losses shall be paid to any na- tional bank in Collier County, •rida, with trust powers, as may be approved and designat-> • �• r trustee by the Board of Directors of the Associ• o•� i s• a is herein referred to as the ^Insurance Trus -0 All insu : •'\olicies shall require written notification o -.ch institution rtgagee of any lapse and not less than en +N •_ - adva ce of any cancellation or material modifi,at.on o a. in ran.- olicy insuring the condominium prope . .4;0, e hall not be liable for payments of pr-mi, -,� wa or sufficiency of the policies, no e 1 ect any insurance proceeds. The dut � �", - hall be to receive • such proceeds as a.-, ,aid, and har , sa e 0 trust for the pur- poses elsewhere sta ,• herein and enefit of the unit owners and their mo'4a•ees in the f. . ng shares, but which shares need not be s_ th in th- ro rds of the Insurance Trustee. titE CSR( §14.4.1. Common Elements. roceeds on account of common elements shall be held iras many undivided shares as there are units in each building, the shares of each unit owner being the same as the unit owner's share in the common elements. Page 20 of 36 pages. Condod•e.PCC/051888 A .f r✓4d 7.44,P7 • I• t - 00135k 00p0185 OR 2.00:i PAGE • DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §14.4.2. Units. Proceeds on account of units shall, be held in the following undivided shares: §14.4.2.1. Partial Destruction. When the building is to be restored, for the owners of damaged units in proportion to the cost of repairing the damage suffered by each unit owner. §14.4.2.2. Total_ Destruction. When the building is to be restored, for the owners of all units in the building in propor- tion to their share of the common elements appurtenant to their unit. §14.4.2.3. Mortgagee. In the event a mortgagee endorsement has been issued as to a unit, the share of the unit owner shall be held in trust for the mortgagee and the unit owner as their interests appear. In no event shall any mortgagee have the right to demand the application of insurance proceeds to any mortgage or mortgages which it may hold against units, except to such ex- tent as said insurance proceeds may exceed the actual cost of repair or restoration of the damaged building or buildings, and no mortgagee shall have any right to participate in the deter- mination as to whether or not improvements will be restored after casualty. Upon written request to the Association, identifying the name and address of the holder, insureror guarantor and the unit number or address, any mortgage holder, insurer or guarantor will be entitled to timely ; T tice of a lapse, cancella- tion or material modific- ..' .-A7410,- rance policy or fidelity bond maintained by the -•• ation. T � '4 §14.5. D'str __. oce••_ Proceeds of i s •:d - ve. by the Insurance 10Trustee shall be di-t.,�,�r / 7.en-fit of the benefi- cial owners in the .o �� i {min• n • t/ lJ ,v, §14.5.1. Ex•e uAa o e rus- '1 : penses of the In- surance Trustee shah first paid - p. • .ons made therefor. • §14.5.2. Rec.,s' Re.a' - the damage for which the proceeds are paid t 7'. - t-• or reconstructed, the remaining proceeds shall . -ti(d= 'ray the costs thereof as elsewhere provided. Any pro ,aining after defraying such costs shall be distributed to the beneficial owners, remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a 1 unit and may be enforced by such mortgagee. Page 21 of 36 pages. Condodee.PCC/051888 1 r • I a 00135 000186 OP. 17,00K I"pAG DECLARATION OF CONDOMINIUM • PAVILION CLUB, A CONDOMINIUM §14.5.3. Failure to Reconstruct or Repair. If it is deter- mined in the manner elsewhere provided that the damages for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances Xto unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit and may be enforced by such mortgagee. §14.5.4. Certificate. In making distribution to unit owners and their mortgagees, the Insurance Trustee may rely upon a certificate of the Association made by the President and Secretary as to the names of the unit owners and their respective shares of the distribution. §14.5.5. Association as Agent. The Association is hereby irrevocably appointed agent for each unit owner to adjust all claims arising under insurance policies purchased by the Associa- tion. §15. RECONSTRUCTION OR REPAIR AFTER CASUALTY §15.1. Determination to Reconstruct or Repair If any part of the con.- ' - .roperty shall be damaged by casualty, whether or no iV •,IQ 6e econstructed or repaired shall be determined ini= ow n. 971r:§15.1.1. ommo, G -_ If the .am ged improvement is a common element, th- • m.--• - sh. 1 be reconstructed or repaired, unless d. r,• th manner elsewhere provided that the •• at7 •n-ted. [ + 1 515.1.2. Bu'_.•r ,l _ • lik §15.1.2.1. Les D.ma.e. If • - ed improvement is a part of the condomin 1.. .uilding in 7 e than fifty percent (50%) of the units ar: • d by the Bodr*• Directors of the As- sociation to be tena. - . the • d property shall be reconstructed or repair-, -- n sixty (60) days after the casualty it is deter= e manner elsewhere provided that the condominium shall be terminated. §15.1.2.2. Major Damage. If the damaged improvement is a 1 part of the condominium in which more than fifty percent (50%) of the units are found by the Board of Directors of the Association to be not tenantablethen the damaged property will not be reconstructed or repaired and the condominium will be terminated 1 Page 22 of 36 pages. i - Condod.e.PCG 051888 1'i. t,,,f,g A3" r.46,4,�h W Y .7 • 0 0 0 I 3 5 4 000107 O f` 01c PAGE DECLARATION OF CONDOMINIUM • • PAVILION CLUB, A CONDOMINIUM as elsewhere provided, unless within sixty (60) days after the casualty the owners of seventy-five percent (75%) of the units in the building agree in writing to such reconstruction or repair. §15.1.3. certificate. The Insurance Trustee may rely upon a certificate of the Association made by the President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. §15.2. plans and Specifications Any reconstruction or repair must be substantially in accor- dance with the plans and specifications for the original build- ing, portions of which are attached hereto as exhibits, or if not, then according to plans and specifications approved by the Board of Directors of the Association, and if the datbaged property is the condominium building, by the owners of not less than seventy-five percent (75%) of the units in the building, which approval shall not be unreasonably withheld. §15.3. Responsibility If the damage is only to those parts of one (1) unit for which the responsibility of maintenance and repair is that of the unit owner, then the unit owner shall be responsible for reconstruction and repair a - asualty. In all other in- stances, the responsibi1300'o• ruction or repair after casualty shall be that • • 7 §15.4. t'u-t -- of C•s Immediately of er a ca-•. ca ing •a age to property for • which the Associat o ,�'� •y ty of maintenance and repair, the Assoc'atT!� i.b a and detailed es- timates of the cos.rt•- ,••• _•uil'• L., §15.5. •sse =i e Jc 1. p If the proceeds -f .nsurance ar- et sufficient to defray the estimated costs o- Ii-..structio• repair by the Associa- tion, or if at any time • ••_ . so- • struction and repair the funds for the payment of r -reof are insufficient, as- sessments shall be made against the unit owners who own the damaged units and against all unit owners in the case of damage to common elements, in sufficient amounts to provide funds to pay the estimated costs. Such assessments against the unit owners for damage to units shall be in proportion to the cost of Page 23 of 36 pages. Condodee.PCC/051669 •:,,,,-4,N, hJ. ,, ,,,,c,.,,„:„4„.1, gY 'PYA{sFFYiPP'"'.� �yq�}�4ME�"Y 4 "`n--1.':.'".,-1 r Yom. j • • 001354E • 000138 • OR BOOR PAGE DECLARATION OF CONDOMINIUM • PAVILION CLUB, A CONDOMINIUM reconstruction and repair of their respective units. Such as- sessments on account of damage to common elements shall be in proportion to the owner's share in the common elements. §15.6. Deductible Provision The funds necessary to cover any deductible amount under an insurance policy against which a claim is made shall be a common expense. §15.7. Construction Funds The funds for payment of costs of reconstruction and repair after casualty which shall consist of proceeds of insurance held by the Insurance Trustee and funds collected by the Association from assessments against unit owners, shall be disbursed in pay- ment of such costs in the following manner: §15.7.1. Association. If costs of reconstruction and repair which are the responsibility of the Association are more than Five Thousand Dollars ($5,000.00), then the sums paid upon assessments to meet such costs shall be deposited by the Associa- tion with the Insurance Trustee. In all other cases, the As- sociation shall hold the sums paid upon such assessments and dis- burse the same in payment of the costs of reconstruction and repair. -kER COU §15.7.2. I u an .= L- ee. -V 4' pr• eeds of insurance col- lected on account of - rualty, and t' - -t. .s deposited with the Insurance Trustee by t • • --- iation fro, t e collections of as- sessments against ueit o nets on a .unt •f .uch casualty, shall constitute a const c •. f T b- disbursed in pay- ment of the costs •f . • -1!): • ',-, ... •• =pa r in the following manner: - §15.7.2.1. U. , ►wner. The ••.rti•n N insurance proceeds representing damage which the - ,p.n,. lity of reconstruc- tion and repair lie- th the unit e - • % . ,))))) hall be paid by the Insurance Trustee to nit owner, • ' there is a mortgagee endorsement, then to th- 1 - •wne -. , e mortgagee jointly. ITE C1R §15.7.2.2. Association --Lees Damage. If the amount of the estimated costs of reconstruction and repair which is the responsibility of the Association is less than Five Thousand Dol- lars ($5,000.00), then the construction fund shall be disbursed in payment of such casts upon the order of the Association; however, that upon request to the Insurance Trustee by a mortgagee which is a beneficiary of an insurance policy, the Page 24 of 36 pages. Coodod•e.PCC/051888 .Y !b `� ti 0 •I • 00 ! 35 ►:Or nOOK 0001 89 DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM proceeds of which are included in the construction fund, such fund shall be disbursed in the manner hereafter provided for the reconstruction and repair of major damage. §15.7.2.3. Association - Maior Damage. If the amount of the estimated costs of reconstruction and repair which is the respon- sibility of the Association is more than Five Thousand Dollars ($5,000.00) , then the construction fund shall be disbursed in payment of such costs in the manner required by the Board of Directors of the Association and upon approval of an architect qualified to practice in the State of Florida and employed by the Association to supervise the work. §15.7.2.4. Surplus. It shall be presumed that the first moneys disbursed in payment of costs of reconstruction and repair shall be from insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruc- tion and repair for which the fund is established, such balance shall be distributed to the beneficial owners of the fund in the manner elsewhere stated; except, however, that the part of a dis- tribution to a beneficial owner which is not in excess of assess- ments paid by such owner into the construction fund shall not be made payable to any mortga•`‘�R COU 1 §15.7.3. Certif' As Notw - . ding the provisions herein, the Insuranc> 4-3-tee shall no required to determine 1 whether or not sums •-al' - - t owners .on assessments shall be deposited by the As-o a-•' wi - In- r ce Trustee, nor to determine whether h- -•-m=• •.th• construction fund •are to be upon the o•�•- -• -r upon approval of -, an architect or of e•�� _ •i-bursement is to be • made from the cons.- _ !. lg..JSt•.- - - tine the payee nor the amount to be pa •• nor to dete !mile w =a er surplus funds to be distributed are than the a s.e paid by owners. In- stead, the Insurance stee may re-4 'p - a certificate or the Association made by i• • esident and ' tart' as to any or all of such matters and st- •at t,- J- to be paid are due and properly payable; provid-• ‘n - mortgagee is herein re- quired to be named as paye-, nsurance Trustee shall also name the mortgagee as payee of any distribution of insurance proceeds to a unit owner, and further provided, that when the As- sociation or a mortgagee which is the beneficiary of an insurance policy the proceeds of which are included in the construction funds, so requires, the approval of an architect named by the As- sociation shall first be obtained by the Association upon dis- bursements in payment of costs of reconstruction and repair. i Paga 25 of 36 pages. Condod•c.PCCl051888 i 110 T 001354 000190 OP. Pi'GE • r_; o<< r DECLARATION OF CONDOMINIUM 1 PAVILION CLUB, A CONDOMINIUM i §15.8 Mortgagee• Upon writted addressnof the holder, and request to the sthe lunit nnumber or addressing , address,an any holder, insurer, or guarantor shall be entitled to timely written notice of any condemnation or casualty loss that affects either a material portion of the Condominium or the unit covered by the mortgage. §16. aagrgBMENTB The making and collecting of assessments against unit owners for common expenses shall be the obligation of the Board of Directors pursuant to the By-Laws and subject to the following provisions: §16.1. Share of. Common ExP_Pnses Each unit owner shall be liable personally for a propor- tionate share of the common expenses andshall shares being entitled to to an undivided share of the common surplus, the unit owner's undivided f actionaloshare of the common on,eemedA unit owner, r . er at a judicial sale, in- cluding, without lien' . due while such person . sessments the grantee shallthebe liableroffor In a volunta' •nveyance, is owner a 1 i le the grantor for all unpaidnpai be jointly a d -e�.t fo. e grantor's share of at assessments a•-inst h= oluntary conveyance, the common expens=s r1. -,..; t Itee to recover from • t without prejudice t. he . ' herefore. the grantor the a Pd}° g .. §16.2. N•n,..z ve_ ` ' ssessments be avoided by waiver The liability •ments or by abandonment of the use or enjoym• D • any comm of the unit for which .e j: ade. interes _ic- o o 'a, e t §16.3. .� � s id Assessments and after the installments when dueeshalltnotabearnin- before ten (10) days (10) days after terest, but all sums not paid on or before ten the date lawswhen ofdue theshall Statebear Floridainterest from the datehighest whenrate due, until P.;' by the applied to inter- it i� paid. All payments upon account shall be first est and then to the assessment payment first due. Page 26 of 36 pages. CondOd•G.PCC(051BBB r ..�... t 'ice 00135 ► 000191 on FMK PAGE DECLARATION OF CONDOMINIUM . PAVILION CLUB, A CONDOMINIUM §16.4. Lien for Assessments The Association shall have a lien on each condominium parcel for any unpaid assessments with interest thereon and reasonable attorney's fees incurred by the Association incident to the col- lection of such assessment or the enforcement of such lien, together with all sums advanced and paid by the Association for taxes and payments on account of superior mortgages, liens or en- cumbrances which may be required to be advanced by the Associa- tion in order to preserve and protect its lien, including all un- paid assessments, interest, costs, and attorney's fees which are due and which may accrue subsequent to the recording of the claim of lien and prior to entry of a final judgment of foreclosure. Said lien shall be effective from and after the time or recording in the public records of Collier County, Florida, of a claim of lien stating the description of the condominium parcel, the name of the record owner, the amount due and the due dates. The lien shall continue in effect until all sums secured by the lien shall have been fully paid, but not longer than one (1) year after the claim of lien has been recorded, unless within that an action to enforce the lien is commenced in a court of competent jurisdic- tion. Such claims of lien shall be signed and acknowledged by an officer or agent of the Association. Upon full payment, the party making payment shall be entitled to a recordable satisfac- tion of the lien. All such liens shall be subordinate to the lien of an institutional m• - orded prior to the time of recording of the claim o ' .(,*a, §16.5. Col ect'..' a • Forec osu - The Board of rir c - ma - - su. •ction as they deem necessary to collet s, so iation by personal action or by enfor•in: n. il-• j lien, and may settle i and compromise sam', I n n n\ j-s .f the Association. • Said lien shall be = ?a-,/ -�:'he •.-- •-- provided for by the Condominium Act, a : shall have = p ioies established by said Act. The Asso. - ion shall b- - .i• - to bid at any sale held pursuant to a to foreclos- essment lien, and to apply as a cash credi• '-•nst its bid 41 sums due the Associa- tion covered by the lie RL, §16.6. L•abi .t o r- en Notwithstanding anything to the contrary contained in this Declaration of Condominium, where the holder of a first mortgage of record or other purchaser of a unit, obtains title to a con- dominium parcel as a result of foreclosure of the first mortgage, Page 27 of 36 pages. Coododec.ecc/osle8a +fi • 410 • '^h 7 • 00 1354 0 0 0 I 9 2 OR ROOK PACT: DECLARATION OF CONDOMINIUM • PAVILION CLUB, A CONDOMINIUM or when the holder of a first mortgage of record accepts a deed to said condominium parcel in lieu of foreclosure, such acquirer of title, and such acquirer's successors and assigns, shall not be liable for the share of common expenses or assessments by the Association pertaining to such condominium parcel, or chargeable to the former unit owner of such parcel which become due prior to the acquisition of title as a result of the foreclosure, or the acceptance of such deed in lieu of foreclosure, unless such share is secured by a claim of lien for assessments that is recorded prior to the recording of the foreclosed mortgage. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the unit owners, includ- ing such acquirer of title, whether as a result of foreclosure or by acceptance of a deed to the condominium parcel in lieu of foreclosure. The new owner by virtue of the acquiring of such title shall forthwith become liable for payment of the common ex- penses and such other expenses as may be chargeable to the owner of a condominium unit hereunder. §16.7. Unpaid Assessments - Certificate Any unit owner shall have the right to require from the As- sociation a certificate showing the amount of unpaid assessments against him with respect to this condominium parcel. The holder of a mortgage or other lien shall have the same right as to any condominium parcel upon whic •- .-s a lien. Any person other than the owner who re ' --0410p0,. h certificate shall be protected thereby. U.. - _ t to the Association, identifying the name. a .E••ress of th- ' •er, and the unit num- ber or address, any o •er, insurer, o g .rantor shall be en- titled to timely wr' t: y d-1i quency of more than sixty (60) days in he payme -ssme t- or charges owed by the owner of any un t -.: iiroftyle 11, §16.8. W•rk �� • l v f Each initial u.* owner shall . .on a gi.sition of the unit from the Developer • . ibute to th- ••s-.• . ion an amount equal to twice the current 4a hly assessme • uch amount shall be held by the Associati•. 4- pecial r= account for the pur- pose of defraying unfo - s• •-s and capital outlays. This contribution shall . y ute a prepayment of the regular monthly assessment or •e used to fund routine budgeted expenses for normal operations. This working capital contribu- tion shall not be used for payment of common expenses prior to the expiration of the period of the guaranteed assessment levels as provided by §19.2. • Page 28 of 36 pages. C.rdod.o.PCC/031888 • • • • I i 00 135 +L 00013 o f_,00K PAGE DECLARATION OF CONDOMINIUM • • PAVILION CLUB, A CONDOMINIUM §17. COMPLIANCE AND DEFAULT Each unit owner shall be governed by and shall comply with the terms of the Declaration of Condominium, Bylaws and Rules and Regulations adopted pursuant thereto, and said documents and rules and regulations as they may be amended from time to time. Failure of unit owners to comply therewith shall entitle the As- sociation or other unit owners to the following relief in addi- tion to the remedies provided by the Condominium Act. §17.1. Negligence A unit owner shall be liable for the expenses of any main- tenance, repair or replacement rendered necessary by his act, neglect of carelessness or by that of any member of his family or his or their guests, invitees, employees or lessees, but only to the extent that such expense is not met by the proceeds of in- surance carried by the Association. Such liability shall include any increase in insurance rates occasioned by use, misuse, oc- cupancy or abandonment of a unit or its appurtenances or of the common elements. §17.2. Costs and Attorneys' Fees In any proceeding arising because of an alleged failure of a unit owner to comply with the terms of the Declaration, the Bylaws and the Rules and Regu • ons adopted pursuant thereto, and said documents and ; R•• %IiAllulations as they may be amended from time to ti” • party shall be entitled to recover the cost- '1 he proce..*. and such reasonable attorney's fees as m. awarded by the co , §17.3. No W.iv sus • � The failure o, t{ A -��; T un t owner to enforce a covenant, restr' 1FoLic • .f the Condominium Act, this Declara• • - a e -• i.' •s attached hereto, shall not constitut- , waiver of th- ri• t do so thereafter. 517.4. Fines 1 The Association ma ie. bli ines against a unit for failure of the unit owner, •'. r- • ..ant, licensee or invitee, to comply with any provision o e Declaration, the Bylaws, or reasonable rules of the Association. No fine shall become a lien against a unit. No fine may exceed Fifty Dollars ($50.00) , nor may any fine be levied except after giving reasonable notice and Page 29 of 36 pages. c..a.d...PcCIO51ae6 . d 410 • OOOi 0013000124 DECLARATION OF CONDOIFYiNIUMI` PAVILION CLUB, A CONDOMINIUM • opportunity for a hearing to the unit owner, occupant. licensee or invitee. The provisions of this §17.4 shall not apply to un- occupied units. §18. AMENDMENT OF DECLARATION Except as elsewhere provided otherwise, this Declaration of Condominium may be amended in the following manner: §18.1. Notice Notice of the subject matter of 'a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. §18.2. Besolution of Adoption A resolution adopting a proposed amendment may be proposed by either the Board of Directors or by the members of the As- sociation. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, providing such approval is delivered to the Secretary at or prior to the meeting. Except as elsewhere provided, such approvals must be either by: §18'.2.1. Not lessa E�ef-1. 've percent (75%) of the votes of the entire me!'-- +- • o • V:••rd of Directors and by not less than seventy ~• percent (7 the votes of the en- tire membership of t,a : -• '-tion; or §18.2.2. Not a than •-rcen :0%) of the votes of the entire members ip �� t §18.3. Res. t SI•a_As,. .:_rr +:• a� s • A resolution a ing a propos,,. .m:•-,ent may be proposed by either the Board ' erectors or s s of the Association whenever it appearsthere is an •• �ion or error in this Declaration of Condom or an -, it attached hereto, or amendment hereto, as fol •w-ATEGIRL §18.3.1. Not less than fifty percent (50%) of the votes of the entire membership of the Board of Directors and by not less than fifty percent (50%) of the votes of the entire membership of the Association. f Page 30 of 36 pages. Condodec.PCC/031888 I T � lyT Tye-.. ._..�� • • • . . . . III . .• .i -- 1 } - - x .' tik ',_ 00135k 000195 SDECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §18.3.2. Any amendment adopted pursuant to the provisions of §18.3 shall not materially adversely affect the property rights of unit owners. §18.3.3. Until the Developer has sold and conveyed all of the units in the condominium, any amendment adopted pursuant to this §18.3 must be approved and consented to by the Developer. §18.4. Proviso No amendment shall discriminate against any unit owner or against any unit, or class or group of units, or impair an in- stitutional mortgagee's security position or alter an institu- tional mortgagee's rights without the prior express written con- sent of the unit owners so affected and their institutional mortgagees and no amendment shall change any unit or the share in the common elements, and other of its appurtenances or increase the owner's share of the common elements, and other of its appur- tenances or increase the owner's share of the common expenses, except as herein provided, unless the owner of the unit concerned and all such mortgagees as first above recited, shall join in the execution of the amendment. Neither shall an amendment make any change in §14 (entitled "Insurance"), nor in §15 (entitled "Reconstruction or Repair • + w alty") , unless the record owners of all mortgages • i•' 4•- I'. • ,`inium shall join in the execution of the amend.•=uy,• or sha 'T'* amendment of this Dec- laration make any cha'q • ich would in way affect any of the rights, privileges, po - - •d options •f he Developer unless the Developer shall 'o' --yy-- hei�ex- r,� ion •f -uch amendment. • §18.5. xe. t'1 e..v.1lS •3 151: A copy of eac (411„,11, 1 b=`- t: -d to a certificate certifying that the in-ndment was d. y -.o, - ', which certificate shall be executed e ,t he officers - sociation with the formalities of a de-'45f, The amendm - =. 1 be effective when such certificate and .i • of the am- t are recorded in the public records of Colli<±�/�'•-.• ITE clg §18.6. Amendments The section concerning termination cannot be amended without consent of all unit owners and all record owners of mortgages upon condominium parcels. Upon written request to the Associa- tion, identifying the name and address of the holder, and the unit number or address, any holder, insurer, or guarantor shall be entitled to timely written notice of any proposed amendment. Page 31 of 36 pages. , Ceadodee.POCIO518U I ;.:1!.,';'°"'-4,•;,t;_7-4.0',, fir+,•,.:i. ',.. R .: - c i. l�vrd'1' ;,, - _ • •F 00135 !!. 000 ! 96 E 710K PAF_ • DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM §19. DEVELOPER'S UNITS AND PRIVILEGES • §19.1. Developer The Developer, at the time of filing of this Declaration, is the owner of all of the real property, individual units and ap- purtenances comprising this condominium. Therefore, the Developer, until all of the units have been sold and closed, shall be irrevocably empowered, notwithstanding anything herein to the contrary, to sell, lease or rent units to any person ap- proved by the Developer. The Developer shall have the right to transact upon the condominium property any business necessary to consummate the sale of units, including, but not limited to, the right to maintain models, have signs, staff employees, maintain office, signs, fixtures or furnishings or other tangible personal property belonging to the Developer shall not be considered com- mon elements and shall remain the property of the Developer. §19.2. Expenses Notwithstanding anything to the contrary contained within this Declaration, the liability of the Developer for the payment of the common expenses and assessments with respect to each unit owned by the Developer sha ..., M -. as follows: LIi •Li §19.2.1. The Dev: :)•= shall be -xe -ed from the payment of the share of the cost. - sensed and a -'s-.ents relating to the units the Developer s . for ale, fo• a period commencing upon the recording .f h.' .-cl. a o of o dominium and ending on the first (1st) .ay -�� v a endar month follow- ing the month in i.yit l_��l;;�- J. .e p rchase and sale of the first condomin um Q i ¢F= H e , the Developer must • pay the portion of r'.t • .. }� hh i -r ... during that period which exceeds the at$�tt assessed a.,= 'ns . - other unit owners. §19.2.2. Duran. period co, • on the recording of the Declaration until -arlier of t.- a the Developer turns over control of the Ass. -t owners other than the Developer, or one (1) - rftepZ . first (1st) day of the fourth (4th) calendar month . • ng the month in which the closing of the purchase and sale of the first condominium unit , occurs (the "Guaranty Expiration Date"), the Developer guarantees I that the common expenses and assessments will not exceed Ninety- nine & 03/100ths Dollars ($99.03) per unit per month (the "Guaranty"), and the Developer shall pay any amount of common ex- penses incurred during the period and not produced by the assess- ment at the guaranteed level receivable from other unit owners. Page 32 of 36 pages. Condod.e.PCC/031888 yrµµ T1,440' . {-', '," ` tyi�Y r �y `...r, - 7 • I r '' 004350 0001 ° 7 • Cr, !,� „ FIG!: DECLARATION OF CONOINIUMIi PAVILION CLUB, A CONDOMINIUM Further, the Developer shall be obligated to pay that portion of the common expenses and assessments actually incurred during the aforesaid period which exceeds the amount produced by the assess- ments at the guaranteed level receivable from other unit owners. Commencing on the Guaranty Expiration Date, the Developer shall contribute to the common expenses on the same basis as all other unit owners. Notwithstanding the foregoing, in the event the Developer is the owner of condominium units during the guaranteed period as aforementioned, and if any such unit is leased and oc- cupied by a third party, then the maintenance of said unit shall be contributed and borne by the Developer on the same basis as all other unit owners. §19.3. Amendment Notwithstanding anything herein to the contrary, the provi- sions of this §19 shall not be subject to any amendment without the consent of the Developer until the Developer has sold ninety-five percent (95%) of all of the units in Pavilion Club. §20. TERMINATION The condominium may be t- ed in the following manner in addition to the manner pr.i iI®1j ondominium Act: §20.1. lesAl. ..! IJNT ,1 )- If it is dete ,in-d , r el-e ere provided that a condominium buildin. all n. •- •onst c.ed because of major 41) damage, the condom.n' :1"1 . • T. w th respect to such building will be t er t- i a -. .t a•reement. §20.2. Aare=_,a j The condominium be terminat-. • Jai- approval in writing ofall of the owner • t the units ••n and by all record owners of mortgages th> If the • . ed termination is sub- mitted to a meeting of t • "s ''- �•t, - Association, the notice 411141 of which meeting gives nct - • .- •roposed termination, and if the approval of the owners of not less than seventy-five percent (75%) of the units, and of the record owners of all mortgages upon the units, are obtained in writing not later than thirty (30) days from the date of such meeting, then the approving owners shall have an option to buy all of the units of the other owners for the period ending on the sixtieth (60th) day from the day of such meeting. Such approvals shall be irrevocable until Page 33 of 36 pages. Coododeo.PCC/051385 4 }-ice ,� ,t y,' r^ 'x7, a '' .o.'-_ 41441" ITD IY t' ...,?..7.;r { .-%a"'..1 " ~ 1 i 4111 .• • _ . 0 0 I 3 5 l!. 0 0 0 I 9 8 01; ni.or, PAGE DECLARATION OF CONDOMINIUM 0 PAVILION CLUB, A CONDOMINIUM the expiration of the option, and if the option is exercised, the approval shall be irrevocable. Such option shall be upon the following terms: §20.2.1. Exercise of Option. The option shall be exercised by delivery or mailing by certified mail, to each of the record owners of the units to be purchased, of an agreement to purchase, signed by the record owners of units who will participate in the purchase. Such agreement shall indicate which units will be pur- chased by each participating owner and shall provide for the pur- chase of all of the units owned by owners not approving the ter- mination, and the effect of said agreement shall be to create a separate contract between each seller and the purchaser. §20.2.2. Price. The sale price for each unit shall be the fair market value determined by agreement between the seller and purchaser within thirty (30) days from the delivery or mailing of such agreement and in the absence of agreement as to price, it shall be determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two (2) appraisers appointed by the American Arbitration Association who shall base their determina- tion upon an average of their appraisals of the unit; and a judg- ment of specific performance of the sale upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The expens- • n 0-,s. •itration shall be paid by the purchaser. kl_ I` -utiA, i, §20.2.3. 'a en .0 a purchase • ie shall be paid in cash. 101111hpiiia c osed within thirty (30) days followingli(C -Inn,ipli - s,le price. 1 ) • -- - - n' The terminatio ..•. the condomi-zt . i ther of the forego- ing manners shall be 7-1, denced by a .- lIcate of the Associa- tion, executed by the • .,Lident and 4S- .0,-ry, certifying as to 11 the facts effecting th .. s.,• ..ti.. , h1.• certificate shall be- come effective upon bein. z6ppleckaia- e public records of Col- lier County, Florida. §20.4. Shares of Owners After Termination After termination of the condominium, unit owners shall own the condominium property and all assets of the Association as tenants in common in undivided shares, and their respective Page 34 of 36 pages. c,..i.d...pcciosisse r 1 = '''''''',-.- -:44:v- . ‘:•-..-- ,,j,- ,x.:..,-,;;;•-• , - .. ,'-',•=i-,' . ' 1''•-; --';'-% 'Si!'n; +•!...1!...: 4-';,-It'*' •'"• ,:.::...;7.?*•*• 41'-''i• •- . . .. • ... 1' • .. I • • ' . . — 0013511 0 0 0 I 9 9 OR BOOK Pi\GE . • DECLARATION OF CONDOMINIUM PAVILION CLUB, A CONDOMINIUM mortgagees and lienors shall have mortgages and liens upon the respective undivided shares of the unit owners. Such undivided shares of the unit owners shall be the same as the undivided shares in the common elements appurtenant to the owner's units prior to the termination. §20.5. Amendments This section concerning termination cannot be amended without consent of all units owners and all record owners of mortgages upon condominium parcels. Upon written request to the Association, identifying the name and address of the holder, and the unit number or address, any holder, insurer, or guarantor shall be entitled to timely written notice of any proposed amend- ment. §21. SEVERABILITY AND INVALIDITY The invalidity in whole or in part of any covenant or restriction or any section, subsection, sentence, clause, phrase or word, or other provision of this Declaration of Condominium and the Articles of Incorporation, the By-laws and the Rules and Regulations of the Association, shall not affect the validity of the remaining portions which shall remain in full force and ef- fect. "� R COU In the event any yW a ! .: ter determine that any provisions of this ation of Caodio, 'nium, as originally drafted, or as amend�'d, • . es the rul- a.-.inst perpetuities or any other rules of aw •_ .. se • dur:ti.n of the period in- volved, the period s.-cifie• 'n the Decl.ra ion of Condominium shall not thereby •-c....-1,14,11 shall be reduced to III the maximum period al. d o law, and for such purpose measuring 1 ' - •• _ o _ .f e incorporators of the Association. C-. .. §22. NTE•PRETAT N,. JO ' 0 The provisions of t &'.-- - -41.). of Condominium shall be liberally construed to. of � .t + •. , s purposes of creating a uniform plan for the operation of a condominium in accordance with the Florida Condominium Act. Page 35 of 36 pages. Conded.c.PCC/051888 •q m l 4' I A 110 .. 4 T M .Tkya. ,nn hb +J' d# ro+gAAy,.SI •� t** ,� �, '3r'i`y; �';M77R,,, e 'a'y.j•X. r F yu h.� ''4�f sc� '�C.L 1+t �}X�ly �, r p"t+�+'4�}. L��..j 1�e ,.. t'w�i_.•.'C'., k.,...., �.:ya,/ .t:. .,.Li. ' ..:+ ♦ ey.�F: • i "fie[ 001354 000200 OR BOOK PAGE DECLARATION OF CONDOMINIUM • PAVILION CLUB, A CONDOMINIUM IN WITNESS WHEREOF, the Developer, Pavilion Club Development Corporation, a Florida corporation, has caused this Declaration of Condominium to be executed this 18th day of May, 1988. tnesses: , yr /C� , PAVILION CLUB+DEVELOPMENT CORPORATION aneAte By 1 President State of Florida :SS ' County of Collier • The foregoing instrument was acknowledged before me this 18th day of May, 1988, by Gerald F. Griffin, II, personally known to me to be the President of Pavilion Club Development Corpora- tion, a Florida corporation, for and\on behalf of said corpora- tion. \I o Ja ' • aDC,&' r. Public (SEAL) A:,;, y`jER C}� fio,oission expires: NOTARY PUB• , YE OF FLORIDA. `•�+r v c7 MY COMMISSI• EX 'ES:MAR.2S.'1BI(b -7.44/ 9 ..j > . - M •H !n• Hr we V NOCIT0.0.11 s ter.' .41. +''a 1. skt I V . � � _ '"r+imus!+•�, . n 0 IIA 1I/E CIRC • Page 36 of 36 pages. Condod.o.PCC/OSIBBB Y y, • s � t C S \ '�ervU r e - ,y_ •• ;,f a +I 4flv�1 fiF 'fit y.�A • .0.Ilit M.10-QAC-.100 1 =•, \.,. f . :i�..e{Ft E Fi{ 1 i • W � i. •_ U 0.1UI N • 1,!. c== a 1ls}� F 'iI1F X Q`RY i : tF 1..1 ria 1YE}FFi{it4:i = i ixi{ WL" O [ + 1.14 �• O ri - {i F{jiieii Fll�- � cf=ii c4:! O 1- .i• :f'r '1,1 i.ci lrr}_f i I. JIB! •�•'. is-`i i 1 i_'_'1=i=.1.•;` 'L1-. X COON 0.10-•I .000 i c1 {I?IIi—lill=ti)1.1.'•; - O - �' ,I =• j ' 1 IIYY.. 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' " • ,711:::::'" ".-::::',.:'.• ., . " - ••• ' . ' • ' . ,- - . '. , ' •-• . .:::':::".::....,:i..,,,4kri:4r .r.lit , ,......::11.,:.4:.!!•'",*'.'..-". ;" ,. , '.' : • . " . • • 44:: . i :...r....,.:',41•'.:4:.fi:!Vi:4:-. :0 +sHA^ n•{,to • 0 0 I 3 5 4 000207 • COAT` k—NGINEERING PAA • CONSULTANTS, INC. OovelopmenI Conrufonh•Cooslol Enghwen•Marin Selentbh CNR Etglneon•SumeyOM•Approhol and Red Edole Conrultonh 31065.Monechoe Dt•Noplet•flotldo 33941•(613)643.2324 PAVILION CLUB, A CONDOMINIUM PHASE - 1 DESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being.more particularly described as follows: Comaencing at the east quarter corner of said Section 33, run SOO 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension oX the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along said extension to the intersection of said northerly right of way 1ine with the westerly right of way line of U.S. 41; thence continue 1180 08.20"N $long said northerly right of way line 1565.50 feet; thence N09 51'40"E.579.68 feet, to the point of beginning; thence 584 14'58'E 167.49 feet; thence Nos 45'02"E 47.00 feet;' thence N47 25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve concave �o the northeast having a radius of 50.80 feet, a central angle 45 21'23^ and a chobd of 38.56 feet, bearing N19 53'58"W to a point-of tangency; thence NO2 46'43"E 48.70 feet; thence N09°81'40"E 149.10 feet; thence N80 08'20"W 133.59 feet; thence S09 51'40"W 220.69 feet to a point of curvature; thence 78.58 feet along the arc of a curve concave to the northwest having a radius of 125.00 fest, a central angle og 36 01'07" and a chord of 77.29 feet, bearing S27 52'19"W; thence 380 08'20"E 6.16 feet; thence S09 51'40" r •14.: O to the point of beginning. The above describes an a'-� • Sl • 0 .. j • 431 square feet or 0.974 "U .:. r acres of land. - � Subject to easements re • a and reserve- on, of records. ' COASTAL ENGINEERIM .,C T!/ )IN James S. Richmond, Y•- r _ Florida Certificate • December 29, 1987 Pavilion Club, Phase - C.E.C. File No. 87.129 11EC11,,, • EXHIBIT A Page 7 • •.r Tj J • £ tt TlQj K it* • • • _ i L f:r� • r• 1 • • } z•,t aia '� Ct • } L� � r r dk: 2i."W i .:Tt.w6YAi..T ..:''t r L ... , . . h t:T#.r ;,,,:S i-,,,;,,, r rM ,+tis i -r a. t.• -::,if.,....,4.;,,.,."...'.:.''._ u.•+ .t.YT.Sr ,.F'..J -‘7ezt.bi,,,:. ,...;:14.2041.4:4.i��5 mom. .. .._...,. ,...,,,-4.:: 001354 000208 • Cc9A31R�C ENGINEERINGPi'" CONSULTANTS, INC. Dovoipmenl Consultors•Coaslol Engineers•Morins Scientists CMI Engineers•Surveyors•Approlsol and Reol EAole Consultants 1 olio. 3106 S.Horseshoe Oc•Noples,Florido 33941•(613)643-2324 PAVILION CLUB, A CONDOMINIUM PHASE - 2 OESCRIPTION A parcel of lend lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Com,encing at the east quarter corner of said Section 33, run S00 37'39"E along the east line of said Section 33 s distance of 17.65 feet to the extension og the northerly right of way line of Vanderbilt Beach Road; thence N80 O8'20"W 152.55 feet along said extension to the intersection of said northerly right of way Sine with the westerly right 1 of way line of U.S. 41; thence continue N80 08'20"W $long said northerly right oS way line 1565.50 feet; thence N09 51'40"E 591.87 feet; thence N80 08'20"W 120.00 feet to the westerly line of those lands described in O.R. Book 1239, Page 1993 of the Public Records of Collier County, Florida; thence N09 51'40"E alongosaid westerly line 243.43 feet to the point of beginning; thence 580 O0'2O"E 137.73 feet; thence N09 51'40"E 158.77.feet • •• nt of curvature; thence 66.08 feet along the arc of a cur �p . southeast having a radius of 47.00 feet A central ang ot1$• k hJ.. . chord of 60.77 feet, bearing 550 08'25"E; •0.25'11 V •' set to the southerly right of way line of - enue North; th..C�-. :9034'49"W along said right of way line 17 .6 eet to the'northwes- co gr of those land; described in O.R. B•ok 2* 3; hen SO. 51'40"W 192.93 feet to the point of be•inn ng. - The above describ - a. iii. ,irio. 2 quare feet or 0.669. acres of land. 1 ) _ • Subject to easemen 44 u, . ., ase• •f records. COASTAL ENGINEERING 5� AN?8, INC. �� IN s -- S�- / �I-- CIRCA 1 James S. Richmond, P.L.S. 1 Florida Certificate No. 4118 • December29, 1987 Pavilion Club, Phase - 2 C.E.C. File No. 87.129 I 1 , EXHIBIT A Page 8 t' 1 • I, r FyFt'� y.,y s w• ii , -,i 4 :Ft S. ry$ i •,>fA, it,r R r ',.is ”::,4;1 3 • r Kf" fit t.tT � j-0;-; I • • wKAf ;t.tr+4. P.. ,i e eki A '5 i 001354 000209 COAgrATLGLCNGINEERING PAGE • CONSULTANTS, INC. Development Coniuffonh•Coodol Engineers•Monne Scientists CM Engineers•Surveyors•Apptolwl and Reel EWolo Comullonh 3106 S.HonC$hoo Di•Nople,,Betide 33941•(813)6432324 PAVILION CLUB, A CONDOMINIUM PHASE - 3 OESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 Emit, Collier County, Florida, being more particularly described as follows: Commencing at the east quarter corner of said Section 33, run SOO 37'39"E along the eaat line of said Section 33 a distance of 17.65 feet to the extension ob the northerly right of way line of Vanderbilt Beach Road; thence 880 08'20"W 152.55 feet along said extension to the intersection of said northerly right of way bine with the westerly right of way line of O.S. 41; thence continue 680 08'20"W along said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the southerly line of those lands described in O.R. Book 1316, Page 673 of the Public Records of Copier County, Florida; thence 184...14'56"E 167.49 feet; thence 805 45'02"E 47.00 feet; thence 847°25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve concave to the northeast having a radius of 50.00 feet, a central angle 45°21'23" and a chord of 38.56 Leet, bearing .19'53'58"W to a point of tangency; thence NO2 46'43"E 48.70 feet; thence 609°51'40"E 149.10 feet to the point of beginning; thence 680 08'20"W 133.59 feet; thence N09 51'40"E 108.00 feet to a point of curvature; thence 66.08 feet along the arc of a curve concave to the southeast having a radiva of 47.00 fees, a central angle of 80°33'31" and a chord of 60.77 feet, bearing N50 08'25"E; thg2ce 800°25'11"E 17.00 feet to the southerly right of way line of 91 Avenue North; thence S89°34'49"E along said ill, !/-�,. line 99.59 feet; thence S00 25'11"W 125.15 feat; • 11. ( 0.00 feet to a nontangent curve; thenc •• ig' re of a curve concave to the southeast having a at - of 50.00 fae dtral angle of 66 08'26" and a chord • .57 feet, bearing '53"W to the point of beginning. The above describes an .rea of p• • imate y 24,E 24 quare feet or 0.570 • acres of land. 10 7 Subject to easemens •C, €.tiJ . e "" s o records. COASTAL ENGINEERING •• LTANTS, INC. . "1- O James S. Richmond, P.L.S. $4.—.5 Florida Certificate No. 4118 January 6, 1988 Pavilion Club, Phaae - 3 C.E.C. File No. 87.129 EXHIBIT A Page 9 ti • 'al If• 7,. i '''' t g• t ••• f .s y,1 5';: sty, ,..- ....::..... 001351 000210 1GT_ I G A 'SAL ENGINEERIt' CONSULTANTS, INC. • Development Con u0onh•Cocslol Engineers•Morino Scientists Ole- CM Engineers•Surveyors•Appraise'and Root Estole Consuttonh 3106S.Honeshoe Dt•Noplos,fbddo 33941•(013)6412321 PAVILION CLUB, A CONDOMINIUM PHASE - 4 DESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Comjencing at the east quarter corner of said Section 33, run SOO 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension o, the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along said extension to the interaection of said northerly right of way line with the westerly right of way line of U.S. 41; thence continue N80 08'20"W along said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the southerly line of those lands described in D.R. Book 1318, Pegs 673 of the Public Records of Collier County, Florida; thence 584 14'58"E 167.49 feet; thence N05 45'02"E 47.00 feet; thence N47°25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve°concave to the northeast having a radius of 50.00 feet, a c8ntralangle 45.'21'23" and a chord of 38.56 beet, bearing N19 53'58"W to a point of tangency; thence NO2 46'43"E 48.70 feet; thence N09°51'40"E 149.10 feet to a point Of curvature; thence 57.72 feet along the arc of a curve concave to the southeast having a radius of 50.00 feet,oa central angle of 6o 8' 6" and a chord f N54657 13 59'feetfeet, bearing N42 55'53"E to the pn60beginning;g; thence 20.00 feet; t$Ence NOO 25'11"E 125.15 feoE to the southerly right of way line of 91 Avenue North; t ence 589".34.49"E along said right of way line 187.69 feet; thence .. © 142.94 feet; thence N89°34'49"W 170.26 feet to A re; thence 12.58 feet along the arc of a cury rcu. - = st having a radius of 50.00 fee a central angle • V• ' nd a • • • 12.55 feet, bearing S83 12'38"W to the p• • beginning. • The above describe an area o -pe .ximat ly 26,•95 -quare feet or 0.615 acres of land. � Subject to eaaeme te, r tr. tee . •` .e%7o s •f records. . In COASTAL ENGINEERING e¢N •LTANTS, INC. - O S• • 1 <--OpSTT,---- :c Jamea S. Richmond, P.L.S. s/C C � Florida Certificate No. 4118 January 6, 1988 Pavilion Club, Phase - 4 C.E.C. File No. 87.129 1f` EXHIBIT A Page 10 I i'•,- • • rC • i i I •-..- ••• . • L . trs )A 001354 000211 p' r COA`ST'AL ENGINEERIA6E • CONSULTANTS, INC. Development ev nl ors•Coodoi Engineers•Morino Scientists Englneon•Surveyors •Appraisol and Real Wale Contullonls 3106 S.Horseshoe Or• Noples,florldo 33941•(M3)643-2324 PAVILION CLUB, A CONOOMINIUM PRASE - 5 DESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the east quarter corner of said Section 33, run 500 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension oS the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along acid extension to the intersection of said northerly right of way Sine with the westerly right of way line of U.S. 41; thence continue N80 08'20"W along said northerly right of way line 1565.50 feet;. thence N09 51'40"E 579.68 feet to the southerly line of those lends described in O.R. Book 1318, Page 673 of the Public Records of Collier County, Florida; . thence S84 14'58"E 167.49 feet; thence N05 45'02"E 47.00 feet; thence N47°25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve concave to the northeast having a radius of 50.00 feet, a cgntrsl angle 45°21'23" and a chord of 38.56 beet, bearing N19 53'58"g1 to a point of tangency; thence NO2 46'43"E 48.70 feet; thence N09 51'40"E 149.10 feet to a point of curvature; thence 70.30 feet along the arc of a curve con&ave to the southeast having a radius of 50.00 feet, a central angle of 80 33'31" and a chord ofo64.65 feet, bearing N50°08'25"E to a point of tangency; thence 589 34'49"E 170.26 fees to the point of beginning; thence 589 34'49"E 139.97 feet;etthenee N00 25'11"E 142.94 feet t8 the southerly right of way line of 91 Avenue North; thence N89 34'49"W along said right of way line 139.97 feet; thence 500'25'11"W 142 •e Ue point of beginning. The above describes an . ®vapproximate��1.:.•9 square feet or 0.459 acres of land. f Subject to easement., r-at .ion= - • —rvat •ns .f records. COASTAL ENGINEEAIN, epy L' Jemea S. Richmond, P. If:,i1 �LJ Florida Certificate No. j.n. January 6, 1988 i Pavilion Club, Phase - 5 T1TE ClIkC�� C.E.C. File No. 87.129 �ffFF' EXHIBIT A Page 11 �3'Y�`s�"t-Y • '1 t w• OOI35 ?E 000212 °Pd6ACSTAL ENGINEERING CONSULTANTS, INC. ill, Development CotnuMods•Coastal hgln•en•Marine Scientist • CM Enpineen•Suneyon•Appnolwl and Real Estate Comullanlr 3106 S.Honu;ho•Dc.•Naples,Nokia 33941•(813)643.2324 PAVILION CLUB, A CONDOMINIUM PHASE - 6 DESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East. Collier County, Florida, being more particularly described as follows:. Commencing at the east quarter corner of said Section 33, run SOO 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension ori the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along said extension to the • intersection of said northerly right of way line with the westerly right of way line of U.S. 41; thence continue N8O 08'20"N $long said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the aoutherly line of those lands described.in O.R. Book 1318, Pagt 673 of the Public Records of Collier County, Florida; thence S84 14'58"E 167.49 feet; thence NO5 45'02"E 47.00 feet; thence 847°25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve concave to the northeast having a radius of 50.00 feet, a central angle 45°21'23" and a chord of 38.56 feet, bearing N19 53'58"g1 to a point of tangency; thence NO2 46'43"E 48.70 feet; thence N09 51'40"E 149.10 feet to a point of curvature; thence 70.30 I feet along the arc of a curve con&ave to the southeast having a radius of 50.00 feet,,,a central angle of 80 33'31" end a chord of 64.65 feet, 0° bearing 11508'25"E to a point of tangency; thence S89°34'49"E 310.23 feet to the point of beginning; l�ience N00°25'11"E 142.94 fegt to the I southerly right of way line of 91 Avenue North; thence 889 34'49"E along said right gf way line 224.89 feet; thence807 29'46"W 197.86 i feet; thence N82 30'14"W 28. • ence N89°34'49"W 122.14 feet; thence 78.42 feet s .r i nontangent curve concave to th6 southwest having a - ., •.:•f central angle of 1 89'51'58" and a chord 6,• • feet, bear 38'50"W to the point of beginning. • The above describe a ar ' . ap. oxinat ly 39 50 square feet or 0.899 acres of land. 11Mh Subject to easeme ts, r str c io a _-r i• s f records. III rj ,_ .__ ....) COASTAL ENGINEERING •, •OLTANTS, INC. GQ vt S 1' k' 0 / ti James S. Richmond, P.L.S. [Jr C11 C� - - Florida Certificate No. 41 8 January 6, 1988 - Pavilion Club, Phase - 6 C.E.C. Pile No. 87.129 • EXHIBIT A Page 12 . . P ( as: III E } qtr ' - .... _.....�t 'ice. x.... ..__ _. ..•.;�.._..... 001354 000213 OR 0001 PAGE COASTAL ENGINEERING • CONSULTANTS, INC. Dovalopmanl CoreuAonfi•Coa4fol Fnpinoan•Moana SUenlhh CNII Engineers•Surveyors•Apprallol and Root ENole Consullonh 3106S.Honwhoa Dr•Nopiot Roddo 3.7941•(813)6412321 PAVILION CLUB, A CONOOMINIUM PHASE - 7 OESCRIPTION A parcel of land lying in Section 33, Townahip 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the east quarter corner of said Section 33, run SOO 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension oX the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along aaid extension to the intersection of aaid northerly right of way bine with the westerly right of way line of O.S. 41; thence continue N80 OR'20"W slong said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the southerly line of those lands described in O.R. Book 1318, Page 673 of the Public Records of Coblier County, Florida; thence 584 14'58"E 167.49 feet; thence N05 45'02"E 47.00 feet; thence 1447"'25.20"E 20.95 feet to a nontangent curve; thence 39.58 feet along. the arc of a curve concave to the northeast having a radius of 50.00 feet, a c8ntral angle 45.'21'23" and a chord of 18.56 beet, bearing 819 53'58" to a point of tangency; thence NO2 46'43"E 48.70 feet; thenca N09 51.40"E 149.10 feet to a point of curvature; thence 70.30 feet along the arc of a curve con&ave to the southeast having a radius of 50.00 feet, a central angle of 80 33'31' and a chord of 64.65 feet, bearing N50°08.25"E to a point of tangency; thence S890 34'49"E 310.23 feet; ,thence 1100°25'11"E 142.94 beet to the aoutherly right of way line of 91 Avenue North; thence N89 34'49"E along said right of way line 224.89 feet to the point of b-• •, hence 500.'25'11"W 152.52 feet; thence N82 30'14"W 221.291 ti:t(Cr' •�n.0 • 9'46"E 126.22 feet to the point of beginning. O The above deacribea •n�- • •proximatoly. <,5 • square feet or 0.678 acrea of land. _ Subject to easeme a, - •na •f records. • PI 111( COASTAL ENGINEERS. C.NSOLTANTS, INC. , � t �� / G� James S. Richmond, P.L1 • .11� Florida Certificate No. 8l' CIRC January 6, 1988 - Pavilion Club, Phase- 7 C.E.C. File No. 87.129 - EXHBIIT A Page 13 c.r S d �� L57t Ire OR BOOK PAGE COASTAL ENGINEERING • 01001 CONSULTANTS, INC. Development Consultants•Coadol Engineers•Moline Scientists CM Engineers•Surveyors•Appraisal and Root[dole ComWlods 3106 S.Horseshoe DI• Noples,Florida 33941•(613)6412324 PAVILION CLUB, A CONDOMINIUM PHASE - 8 • DESCRIPTION , A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Comgencing at the east quarter corner of staid Section 33, run S00 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension ofi the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along said extension to the intersection of said northerly right of way nine with the westerly right of way line of D.S. 41; thence continue 1180 OB'20"W along said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the southerly line of those lands described in O.R. Book 1318, Page 673 of the Public Records of Copier County, Florida; thence 184 14'58"E 167.49 feet; thence N05 45'02"E 47.00 feet; thence N47°25 '20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve concave to the northeast having a radius of 50.00 feet, a central angle 45°21'23" and a chord of 38.56 Beet, bearing N19 53'58"W to a point of tangency; thence NO2 46'43"E 48.70 feet; thence N09°51'40"E 149.10 feet to a point of curvature; thence 70.30 feet along the arc of a curve con&ave to the southeast having a radius of 50.00 feet, a central angle of 80 33'31" and a chord of 64.65 feet, bearing N50°08'25QE to a poin • •-Icy; thence 589°34'.49"E 310.23 feet;..thence N00 25'11"E c . southerly right of way line' of 91 Avenue North; •- r.• said right of way line 224.89 feet; thence -• e - •"W 126.22 the point of beginning; thence S82 30'14"E 1� eet; thence B1 °_ .5'"W 141.05 feet; thence N89°42'51"W 5... feet; thence N00 '09 67.06 feet to a point of curvature- t'e e . ong t.e a c of a cure concave to the east having a ad s . '.0. feet . centr 1 a•gle of 07 12'37" and a chord of 21.25 set in.+ ..•3 - p. nt of beginning. The above deecrib s re ol1 alppi!!te' l` 5, 3l quare feet or 0.584 • acres of land. (-1 IVVI___ ` Subject to easemen to, ectcictions and er at lI�az4 of records. O COASTAL ENGINEERING CON.'' _II,�, CYRG�� i C E I / i t James S. Richmond, P.L.S Florida Certificate No. 4118 _ January 6, 1988 Pavilion Club, Phase- 8 C.R.C. Pile No. 87.129 - EXHIBIT A Page 14 (rf f ' • I' n1, 'til ,'*'"F';IF ,. VI, h , 6(4 I • z 8 [ b UT Y f ..: [ry 001354 000215 OR BOOK PAGE COASTAL ENGINEERING • CONSULTANTS, INC. Development Consul ants•Coodol Engineers•Marine Scientists CMI Englneen•Surveyors•Appraisal and Reel Wahl Gonsullonls • 3106 S.Horseshoe DI• Hookas,Florida 33941•(613)6412324 PAVILION CLUB, A CONOOHINIUM PHASE - 9 DESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Comaencing at the east quarter corner of acid Section 33, run SOO 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extenaion og the northerly right of way line of Vanderbilt Beach Road; thence N80 08.20"W 152.55 feet along acid extension to the intersection of said northerly right of way dine with the westerly right of way line of U.S. 417 thence continue N80 08'20"11 along said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the aoutherly line of those lands described in O.R. Book 1318, Page 673 of the Public Records of Collier County, Florida; thence 584 14'58"E 167.49 feet; thence N05 45'02"E 47.00 feet; thence N47°25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve concave to the northeaat having a radiva of 50.00 feet, a c8ntral angle 45-21'23" and a chord of 38.56 feet, bearing N19 53'58"g1 to a point of tangency; thence NO2 46'43"E 48.70 feet; thence N09 51'40"E 149.10 feet to a point of curvature; thence 70.30 feet along the arc of a curve congave to the southeast having a radius of 50.00 feet, a central angle of 80 33'31" and a chord of 64.65 feet, bearing N50°08'25"E to a point of tangency; thence S89°34'49"E 310.23 feet;at thence SOO-25'11"E 142.94 .eet to the southerly right of way line of 91 Avenue North; ttenc along acid right of way line 224.89 feet; thence S07 • ' © thence 582 30'14"E 181.29 fees; thence Si ` .. "t. the point of beginning; thence 514,43'52'W 167 /-•-t, thence N- •l "W 113.91 feet; thence N71°03'05"W 20 .. - et to a nontangen. cur e; thence 57.00 feet along the arc of a c•rv- • t: the north at' swing a radius of 175.00 feet a cent al -n•,,• • • and a cho d ori 56.75 feet bearing N09 37'02", to a po nthe•ce 00 17'09"E 52.32 feet, thence S89° 2' 5 e- :. t o beginning. • The above deacclbe a e ••. _ ..�:quare feet or 0.437 acres of Land. � �y Subject to easement i -•trictiona end L_ t of records. .1 o cJ COASTAL ENGINEERING CONS'' - -s' TT7 C, l\� ti S-<<;�� -- . Jaroee S. Richmond, P.L Florida Certificate No. 4118 January 6, 1988 Pavilion Club, Phaae - 9 C.E.C. Pile No. 87.129 ; EXHBIIT A Page 15 • a r kt • ' • • '7 00 I 3 5 4 000 ?_ 16 an P,f1Q"LOAstAL ENGINEERING CONSULTANTS, INC. • Development Consultants•Coadot Engineers•Marine Sdantlsh CM0100 Engtneen•Surveyors•Appraisal and Real EHON Consuftonp • 3106 S.Horseshoe 01•Haptes.floddo 33941•(813)643.2324 PAVILION CLUB, A CONDOMINIUM PHASE - 10 DESCRIPTION • A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the east quarter corner of said Section 33, run S00 37'39"E along the seat line of said Section 33 a distance of 17.65 feet to the extension og the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"H 152.55 feet along acid extension to the intersection of aaid northerly right of way Awe with the westerly right of way line-of U.S. 41; thence continue N80 08.20"H $long said northerly right of way line 1565.50 feet= thence N09 51'40"E 579.68 feet to the southerly line of those lends described in O.R. Book 1318, Pegg 673 of the Public Records of Cohlier County, Florida; thence 584-14'58"E 167.49 feet; thence NO5 45'02"E 47.00 feet; thence N47°25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve concave to the northeast having a radius of 50.00 feet, a c5ntral angle 45°21'23` and a chord of 38.56 gest, bearing N19 53'58"ff to a point of tangency; thence NO2 46'43"E 48.70 feet; thence N09 51'40"E 149.10 feet to a point of curvature; thence 70.30 feet along the arc of a curve con&ave to the southeaat having a radius of 50.00 feet, a central angle of 80 33'31" and a chord of 64.65 feet, bearing N50°08'25"E to a point of tangency; thence 589°34'49"E 310.23 feet to a point of curvature; 8.42 feet along the arc of a curve coacave to the southwest h- .a r'' 50.08 feet, a central angle of 89 51'58" and a chord of 1 t}d'y� 44 38'50"E t8 the point of beginning; thence :,i E 122.1 2 Vp. thence 582 30'14"E 28.59 feet to a nonta •e. curve; thence ?- et along the arc of a curve concage to the so• east having a radius of 69.00 gest, a central angle of 07 12'37" nd 21.25 eet, at g S03 53'27"14 to a point of tangency; th ne-'.•'°17'09' 1'.38 feet o a point of curvature; thence 57 00 eet g the a•c of a cu a concave to the northwest having ra` al. ngle og 18 39'46" 11111 and a chord of 56 75 a i 7131' he ce 871 03'05"H 20.00 feet; then•e7N, set) he a N08 48'41"E 36.37 feet] thence NOO•„f iii ” _• t .'t beginning. eDThe above deacribea'op rea of approxi`- ,4,-y 2 ,� agnate feet or 0.633 acres of land. /� Subject to easementa, _E' - ions end r •na of records. 711E Cite COASTAL ENGINEERING/ CONSULTANTS, INC. James S. Richmond, P. .S. - Florida Certificate No. 4118 January 13, 1988 Pavilion Club, Phase - 10 C.E.C. Pile No. 87.129 EXHIBIT A Page 16 e 1 001354 000217 ' de A` aL ENGINEERING • CONSULTANTS, INC. Development Consulkanh•Coaltol Engtneen•Manna Solent,* CMI Engtneen•Sunsyon•Appraisal and Real Estate Consultants 31061 Horseshoe Dr•Monies,Flonda 33941•(813)643.2324 PAVILION CLUB, A CONOOMINIUM PHASE - 11 OESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the east quarter corner of said Section 33, run 500-37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension og the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along said extension to the intersection of said northerly right of way ,ine with the westerly right of way line of U.S. 41; thence continue N80 08'20"W along said northerly right of way line 1565.50 feet; thence 809 51'40"E 579.68 feet to the southerly line of those lands described in O.R. Book 1318, Page 673 of the Public Records of Collier County, Florida; thence along said eouth8rly line S84 14'58"E 539.27 feeS to the point of beginning; thence 584,14'58"E 23.18 feet; thence S89 34'48"E 100.00 feet; thence S63°08'19"E 86.32 feet; thence N26°51'41"E 22.00 feet; thence 70.20 feet along the arc of a curve concave to the northeast having a radius of 49.00 flet, a central angle of 82°05'14" and a chor$ of 64.35 feet, bearing S22 05'42"E to a point of tangency; then&e 818-56.55"E 85.16 feet; thence N71°03'05"W 20.00 feet; thence N79 01'03"W 128.64 feet; thence SO8 48'41"W 57.58 feet to a point of curvature; thence 75.87 feet along the arc of a - • -veato the northwest having a radius of 50.00 f8et, a ce a t$4k1 „; •• 6'21" and a chord of 68.80 feet, bearing 552 16'51" V O ,}: - • - 50.00 feet to the point of beginning. C The above describes n • •- • a -ly 23 774 square feet or 0.546 acres of land. Subject to easemen•s, **�� JO v-t7 a o records. • (--) ....., COASTAL ENGINEERING . ULTANTS,- INC. ••• S. � �_ ,.+� ANO James S. Richmond, P.L. • T C1RC" - Florida Certificate No. 411 January 13, 1988 Pavilion Club, Phase - 11 1 C.E.C. File No. 87.129 1 i EXHIBIT A ' ' Page 17 i 1 y} • k „ r ''.-:=''. l„• r•_..._ —....vv,.1 NtY;-),471'y , ,. . _ a r V.;•#4.;,-?;',.",,.. a. - > 001354 • 000218 dbjAL ENGINEERIN 'r 1 00 CONSULTANTS, INC. • Oovelopmonl Consuilonh•Cordal Inflicters•Morino Sclentld• CM inpinees•Surveyors•Approbol and Real Edote Consonants 3106 S.Honashoe Or• Nople.floddo 33941•($13)643-2324 PAVILION CLUB, A CON00MINIUM PHASE - 12 a OESCRIPTION 1 A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Comaencing at the east quarter corner of said Section 33, run 500 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension og the northerly right of way line of Vanderbilt Beach Road; thence 880 08'20"W 152.55 feet along said extension to the intersection of said northerly right of way bine with the westerly right of way line of U.S. 41; thence continue 880 08'20"W glong said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 - feet to the southerly line of those lands described in O.R. Rook 1318, Page 673 of the Public gecords of Collier County, FloridA; thence along said southerly line S84 14'58"E 562.44 feet; thence 589'34.48"E 100.00 feet; thence S63 08'19"E 86.32 feet to the point of beginning; thence N26 51'41"E 22.00 feet; thence 70.20 feet along the arc of a curve concage to the northeast having a radius of 49.00 flet, a central angle of 82 05'14" and a chord of 64.35 feet, bearing N22 05'41"W to a point of tangency; thence N18°56'55"E 85.16 feet; then&e S71 03'05"E 20.00 feet; thence 564 81'44"E 254.59 feet; thence 526 51.41"W 159.02 feet; thence 863 08'19"W 214.03 feet to the point of beginning. " The above describes an a 4a`ollc a b- f .- ' '� 39,652 square feet or 0.910 acres of land. !'Ovy T Subject to easement , id rictions and relax ti. s of records. COASTAL ENGINEERI'G •0 UL N S I 71311 ' t � V III $. / Jc James S. Richmond,. � S. Florida Certificate f�'� 118 0 January 14, 1988 V C.R.C. n FileuNo.P91.129 �1�?,. C�� TIE Citi ' • 1 I EXHIBIT A Page 18 1 r f r 3. • • ,'� i I fi l.:l SJ l.J F. • ffM (A.1 J L I i, kj a 2.'4.1, iv 1♦.:.'�.1„..,...,..- a' " rnU ` 'r � '�[ftiy '% .. 001354 000219 • COASTAL ENGINEERINPAGE 4•0 CONSULTANTS, INC. Development Consultonts•Cooslol Inglneen•Morino)Sclentlsk CMI Inglneen•Surveyors•Approlsol and Reol Istole Consulonls 3106 S.Horseshoe Ds• Noples•Floddo33941•(613)643.2324 PAVILION CLUB, A CONDOMINIUM - PHASE - 13 DESCRIPTION A parcelof land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Comaencing at the east quarter corner of said Section 33, run 500'37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension o; the northerly right of way line of Vanderbilt Beach Road; thence 1480'08'20"W 152.55 feet along said extension to-the intersection of said northerlyright of wsy line with the westerly right of way line of U.S. 41; thence continue N80 08'20"W $long said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the southerly line of those lands described in O.R. Book 1318, Page 673 of the Public gecords of Collier County, Florid$• thence along said southerly line S84 ;4'58"E 562.44 feet; thence N89 4'48"E 100.00 feet; thence 563 81'19"E 300.35 feet; thence N26 51'41"E 159.02 fee; to the point of beginning; thence N64 51'44'W 140.68 feet; thence N14 43'52"E 138.34 feet; thence 55$°13'20"E 116.74 feet; thence 550°03'30"E 74.50 feet; thence 539 56'30"W 27.00 feet; thence 500 25'11"E 10.00 feet; thence N89 34'49"W 19.76 feet; thence 526°51'41"W 62.13 feet to the • R • CQ-ginning. The above describes an approxima ?2. 158 square feet or 0.463 acres of land. Subject to easemen - -s erva• on of records. • _ COASTAL ENGINEERI • Tcj I � �_ .40 / mow/ /VV • James S. Richmond, G Florida Certificate +F j January 14, 1988 1 Pavilion BiCiolileuNo.phase -8/.129 l r4!E CIRC . • EXHIBIT A Page 19 s e 54,1. S '" r •...,...._...-.4.43rr ' r�� °'.. 4 . r'€�.y •�", ,..._ x`•.51,,. 00135ft 000220 COA lA''CENGINEERING Parr CONSULTANTS, INC. • DewlopmeN Consultants•Googol Engineers•Morino Sdenth4 CMI Enpineen•Surwyon•Apprahal and Seat Ettafe ConwBonb 3106 S.Honoihoe Dt•Naptes,Floddo 33941•(813)643.2324 PAVILION CLUB, A CONDOMINIUM PHASE - 14 OESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the east quarter corner of said Section 33, run 500 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension og the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"H 152.55 feet along said extension to the intersection of said northerly right of way bine with the westerly right of way line of U.S. 41; thence continue N80 08'20"4 long said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the southerly line of those lands described In O.R._Book 1318, Page 673 of the Public gecords of Collier County, Florida; thence along said southerly line S84 14'58"E 562.44 feet; thence N89 14'48"E 100.00 feet; thence 863 81'19"E 300.35 Leet; thence N26 51'41"E 221.15 feet; thence N89°34'49"E 19.76 feet to the point of beginning; thence N00 25'11"W 10.00 feet; thence N39 56'30"E 27.00 feet; thence N50,..03'30"W 74.50 feet; thence N59 13'20"H 116.74 feet; thence NL4°43'52"E 110.20 feet; thence S77 01'09"E 73.80 feet; thence N89°20'54"5 123.64 feet; thence S00°°39.06"E 40.09 feet; thence N77°14'04"E 244.43 feet; thence 548 50'13"E 41.39 feet; thence 589°34'49"E 30.17 feet to the weste 1 right of way line of U.S. 41; thence continue S20 39'07"E .•,. erly right of way line 218.97. feet; thence N89 34'49"W 885. r7 jt,tj •oint of beginning. ? 11�� The above describes .a of approximately .3, 78 square feet or 2.371 acres of land. Subject to easemen a, estati na .f records. 0 P 17' • COASTAL ENGINEERIN A171;, • Q! G �--rs,_ S - �'/---- ° James S. Richmond, P.L . Florida Certificate No. January 14, 1988 44E CIRC Pavilion Club, Phase - 14 C.E.C. File No. 87.129 EXHIBIT A Page 20 17`%1 111 r' rel y'Y' I _ 1 00135 ' 000221 ccAsTA6 ENGINEERINGP►\G • CONSULTANTS, INC. Development Consultants•Ceaslol Engineers•Modna ScWald; CMI Engtneen•Surveyors•Apptolsol and Red(dote Consullona 3106 S Honeshoe Dr•Noplex Floddo 33941•(813)6434324 PAVILION CLUB, A CONDOMINIUM PHASE - 15 DESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: . Commencing at the east quarter corner of said Section 33, run S00 37'39"E along the east line of aaid Section 33 a distance of 17.65 feet to the extension og the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along aaid extension to the intersection of said northerly right of way line with the westerly right of way line of U.S. 41; thence continue N80 08'20"W along aaid northerly right of way line 1565.50 feet; thence NO9 51'40"E 579.68 feet to the southerly line of those lands described in 0.8. Book 1318, Page 673 of the Public Records of Copier County, Florida; thence 584 14'58"E 167.49 feet; thence N05 45'02"E 47.00 feet; thence N47°25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the arc of a curve concave to the northeast having a radius of 50.00 feet, a central angle 45°21'23" and a chard of 38.56 Beet, bearing N19 S3'58"gi to a point of tangency; thence NO2 46'43"8 48.70 feet; thence N09 51'40"E 149.10 feet to a point of curvature; thence 70.30 feet along the arc of a curve con&ave to the aoutheast having a radius of 50.00 feat, a central angle of 80 33'31" and a chord of 64.65 feet, bearing N50°08'25"E to a point of tangency; thence 589°34'49"E 310.23 feet;.,thence N00°25'11"E 142.9 o the southerly right of way line of 91 Avenue North; the • ong aa,d right of way line 428.94 feet to the point • •• - k89 34'49"E along said right of w$y line line Aset; the 39'06"E 219.91 feet; thence S89 20'54"W 12 .i84*--" eat; thence "N 73.80 feet; thence- N14°43'52"E 6•.4 set; thence 582.3' 14". 40.00 feet; thence N00"25'11"E 152.52 eet t. of •eginn g. The above describe- a a 3 01 quare feet or 0.774 acres of oand: ' Subject to esaeme •e � � i•n'S'•f records. 7� Goy COASTAL ENGINEERING S •'ANTS. INC.. S - /�T{� CIRC�N� James S. Richmond, P.L.S. Florida Certificate No. 4118 January 14, 1988 Pavilion Club, Phase - 15 C.E.C. File No. 87.129 EXHIBIT A Page 21 1l yf. • r 7 � � e5 A F I et l'�' •>l.. .en,«..:..., a...zf"1sF .� ;X . ?y.'�1 +�.s'1•-te'.;t�..l.' 1rbti'+`w'�;l;.t• =o. 00 ! 354• 000222 OR BOOK R'\GE COASTAL ENGINEERING 1111 itoos CONSULTANTS, INC. Development Consuftanh•Coodol Engineers•Morino ScienSsh CMI Enginaen•Sumeyon•Appsolsol and Reol Estate Consullonts 3106 S.Horseshoe Dr•Nodes.Flo6do 33941•(813)643.2324 PAVILION CLUB, A CONOOHINIUH PHASE - 16 DESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Comrsencing at the east quarter corner of said Section 33, run SOO 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension ob the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"N 152.55 feet along said extension to the intersection of said northerly right of way bine with the westerly sight of way line of U.S. 41; thence continue N80 08'20"W glong said northerly.right ob way line 1565.50 feet) thence N09 51'40"E579.68 feet; thence NO9 51'40"E 12.19 feeK; thence S80 08'20"E 6.16 feet to the point of beginning; thence N80 88.20"H 113.84 feet) thence NC/9,-5140"E 243.43 feet; thence S80 08'20"E 137.73 feet; thence 509°51'40"N 169.93 feet to a point of curvature; thence 78.58 feet along the arc of a curve concave to the northwest having a radius of 125.00 feet?, a central angle 36 01'07" and a chord of 77.29 feet, bearing S27 52'19"N to the point of beginning. The above describes an area of approximately 32,967 square feet or 0.757 acres of land. Subject to easements, re O liD.-.R.CO . ions of records. • COASTAL ENGINEERINe. CO SUL S tea" 1111 James S. Richmond, P1 Florida Certificat [Qo 4118 �. January 14, 1988 ' Pavilion Club, Phan- • - 4- as . C.E.C. Pile No. 87.1 G 11/E CMG , • EXHIBIT A ? I Page 22 ) 4 ti•tt } r; 0 0 I 3 5 4 000223 �1 'AgtiAL ENGINEERING- CONSULTANTS, INC CONSULTANTS, INC000 . Dsvelopmenl Consultants•Coodlal Engineers•Modns Scion/Ids CMI Engineer+•Surveyon•Appraisal and Real Estate Consultants 31065.Ho,gshoe Dt•Naples,Flondo 33941•(613)6412324 PAVILION CLUB, A CONOOHINIUH PHASE - 17 DESCRIPTION A parcel of lend lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Comreencing at the east quarter corner of said Section 33, run S00"37'39"8 along the east line of said Section 33 a distance of 17.65 feet to the extension oK the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along said extension to the intersection of said northerly right of way dine with the westerly right of way line of O.S. 41; thence continue 880"08,20"W along said northerly right of way line 1565.50 feet; thence NO9 51'40"E 579.68 feet to the southerly line of those lands described in O.R. Book 1318, Page 673 of the Public Records of Collier County, Florida; thence S84 14'58"E 167.49 feet to the point of beginning; thence N05 45.02"E 47.00 feet; thence N47°25'20"E 20.95 feet to a nontangent curve; thence 39.58 feet along the erc of a curve concave to the northeast having a radius of 50.00 feet, a central angle 45°21'23" and a chord of 38.56 feet, bearing N19°53'58"W to a point of tangency; thence NO2°46'43"E 48.70 feet; thence N09°51'40"E 149.10 feet; thence 70.30 feet along the arc of a curve concave to the northeast having a radius of 50.00 feet, a central angle of 80 330'31" and a chord of 64.65 feet, bearing N50 08025"E; thence S89 34'49"E 310.23 feet; thence 78.42 feet along the arc of a curve concave t. �g t having a radius of 50.00 feet, ' a central angle of 89 51 ,._MR@ 0.63 feet, bearing S44 38'50"E; thence S..,la', "''VVVV- thence SO8 48'41"W 93.96 feet to a nonta a®✓'rve; thence 8 est along the arc of a curve concage to the • - eat having a radi of 50.00 feet, a central angle of 88 56'21" d " f 68.80 feet, ear ng S52 16'51"W; thence S05 45'02"W .0... erly ins of those lands described in O.R. 00 13 8, he Pub is 'ecords of Collier County, Florida; he. •r+4. . to he point of • beginning. The above describe. o I.r ; square feet of 3.469 sores of land. r\ Subject to easement v -" trictiona and r' ' a ?' of records. ()IN C1C,'‘‘/CS. ��1 COASTAL ENGINEERING CONSt .a James S. Richmond, P.L.S. - Florida Certificate No. 4118 January 14, 1988 Pavilion Club, Phase - 17 C.E.C. File No. 87.129 EXHIBIT A Page 23 • . .._,._ -----.644444114141 i._..t..,., _ ° •t� "k� •� y Z i ;tet 5 • • s '"si-. �` s.e ,r +Kta ` +'}ir ty5 • • ? u ; !y . g•Jti l�: 'D' 3ih`'l.'wr ,�r} �, ,ttt r 9 t , 1�^., 001354 00022k OR BOOK PAGE ARTICLES OF INCORPORATION OP PAVILION CLUB CONDOMINIUM ASSOCIATION, INC, 4 3 The undersigned incorporators associate themselves for the purpose of forming a corporation not for profit pursuant to the laws of the State of Florida, and adopt the following articles of incorporation: 9 ARTICLE I NAME The name of this corporation is PAVILION CLUB CONDOMINIUM ASSOCIATION, INC. ARTICLE II TERM The corporation shall have perpetual existence. rT This corporatio, organized for 'Eh- purpose of providing an entity under the Fl•• . .ondom' ium •c (the "Act") for the operation of a con.om n'. n Co li-r County, Florida, and known as Pavil'.n t-/(II1* MEMBER J The qualificati. . members of • '.oration and the man- ner of their admissio . 1 be as re. by the Bylaws of the corporation. -X" THE cl��v ARTICLE V AGENT The address of tie initial registered office of this cor- poration is 2477 J & C Boulevard, Naples, Florida 33942, and the name of the registered agent is Gerald F. Griffin, II. ?'age 1 of 3 pages. ARSCOR.PAV-057898 DECLARATIJN OF CONDOMINIUM EXHIBIT "B' a I • ,. z a. -,; ,.,r :y.1'7 Yf_r. t �G . . . . . : ' • 3 1 4 001354 000225 Mg' Off' r.-100K ARTICLE VI (�r�,gt_ DIRECTORS • The number of persons constituting the first board of direc- tors shall be three (3) and their names and addresses are as fol- lows: Gerald F. Griffin, II 2477 J&C Boulevard Naples, Florida 33942 Thomas High 2477 J&C Boulevard Naples, Florida 33942 Pamela S. Andrascik 2477 J&C Boulevard Naples, Florida 33942 ARTICLE VII INDEMNITY The corporation shall defend, hold harmless and indemnify the directors, officers, members, employees and agents of the corporation against all expenses and liabilities, including attorney's fees, costs judgments, fines and settlements, reasonably incurred or imposed as a result of any proceeding or threatened proceeding to which such person may become involved by reason of serving or having served the corporation at the request of the corporation; provided that unless the Board of Directors approves indemnification as being in the best interests of the the corporation by a resolution setting forth the reasons for such approval duly adopted and recorded in the minutes of the corporation, no indemnification shall be permitted where a court of competent jurisdiction --'.- 'c. arty seeking indemnifica- tion was guilty of will * -- . . malfeasance in the per- formance of such pers•.® .uties. 'T '.ht to indemnification shall not be exclus' - '.f any rights t•• w ich a person seeking indemnification mig - IN WITNESS R:•• e 7 i c•rporators have ex-ecuted these arti. ..e. i +n t i- 18th day of May, 19 8 8. ��rrr OF ren Ctwford tilECX ..-, ut-_/ E. To. - :oze t n''--`-� L `1 1 Dena Sutor Page 2 of 3 pages. ARTCOR.FAV-051888 DECLARATION OF CONDOMINIUM EXHIBIT "BI 1 t iaA e-,.. ti II ' tx .�q c.. i r y:St K Fi'i� 5 � 0. > 4 teF ,"xJ19 # } Sti', . ..._„' 4 " `, .'gL4y, ^ h !.. • • • 00135 << 000226 ' OR BOOK PAGE STATE OF FLORIDA • COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 18th day of May, 1988, by Je Stephen Crawford, Joanna Boze and Dena Sutor. i4L,,,, 4 al.4 ,41/4-. • • Notary Public (SEAL) My Commission Expires: NOTARY PUBLIC,STATE OF iLORIDA. -�- .7-:::....,;%,....-, MY COMMISSION EXPIRES;MAR.23r 1997.? `-•J !�' wwoeo rfRI...TART.UOLIC unollanRftt,= ..:: -, ;4 '4.- = .,)-. 8 v Q ACCEPTANCE OF REGISTERED AGENT %''+'�•"•'•"•S` �o`'.': 'r"nn4umnr5`•'' I, Gerald F. Griffin, II, having been named as registered_. agent to accept service of process for Pavilion Club Condominium Association, Inc., a Florida corporation not for profit, at the place designated in these articles, agree to act in this capacity and to comply with the provisions of all statutes relative to the proper and complete performance of my duties. • erald F. Grx£fin, II y`ZER cpU Naples, Florida, May 18, 1988. GO (6111111111111111.1110 r VC) • • Hcrn Page 3 of 3 pages. AaTCOI.PAV-931888 bECLARATION OF CONDOMINIUM EXHIBIT "BP 1 i a{,r _¢ t 1 e� I • t 4 pry bS'•/'; 4p A '' k.; ! .h H Sit .V�°•j'N'tt ..*:.::::.;:c.:,it y'i �' i.. p.• - kf '41 � . • • rP�w ° c • 1 • • • J3957 Y. c ''•• ' +' r Y rte.✓,• ,r '- *CSF ; '.-•,',40-0A,,-,1.4.,-.,,.,3,..f- '-::4;&;1.'‘,.r...'Xi. .. • 001354 000227 o, • GOOK PAGE BYLAWS OF PAVILION CLUB CONDOMINIUM ASSOCIATION, INC. ARTICLE I IDENTITY These are the bylaws of PAVILION CLUB CONDOMINIUM ASSOCIA- TION, INC. (the "Association"), a corporation not for profit un- der the laws of the State of Florida, organized for the purpose of administering that certain condominium located in Collier County, Florida, and known as Pavilion Club, a Condominium (the "Condominium"). §1.1 Principal office. The principal office of the Association shall be at 2477 J&C Boulevard, Naples, Florida 33942, or at such other place as may be designated by the Board. §1.2 Fiscal year. The fiscal year of , yaw 3 .. .n shall be the calendar year. Oy §1.3 Seal. The seal of t - ssocia, ,, bear .he name of the cor- poration, the wor. P r4 . ' �. ,.r; "c•rporation not for • p ofit" and the ye•r in•o1r: BUJ f t §1.4 pefinitio rnFor convenienc- • ese bylaws UD referred to as the "Bylaws"; the article • incorporation/ .. he association as the "Articles"; the declar. .d.. f condo, for the condominium as the "Declaration"; 94-7- �w` , n the unit owners; and "Board" shall mean the boar• 1 :- ors of the Association. The other terms used in these bylaws shall have the same definitions and meaning as those set forth in Chapter 718, Florida Statutes, The Condominium Act (the "Act"), as well as those set forth in the Declaration and the Articles, unless provided to the contrary in these Bylaws, or unless the context otherwise requires. Page 1 of 32 pages. DECLARATION OP CONDOMINIUM EXHIBIT "C" By1aw.PCC/051888 a }kr '*fit r y. • r:'a.i1' 7� •mar ]r tti )t4'r ^T y, • a. ,.r r I H . • -7 1 , . 1 r - . . . . . ... . 001354 000228 PAVILION CLUB CONw Pili 1i ASSOCIATION, INC. 1 III j BYLAWS I 1 1 ARTICLE II MEETINGS OF MEMBERS AND VOTING §2.1 Annual meeting. te The annual meeting of the Members shallthe Board from time and at the place and time as determined by time, provided that there shall be an annual meeting tafter every tGaelen- len- dar year and no later than thirteen (13) monthsannual meeting. The purpose of the meeting shall be to elect directors and to transact any other business authorized to be transacted by the Members §2.2 Special meetings. Special meetings of the Members shall l be held lbatl suched by places ces as are provided for annual meetingsY president or by a majority of the Board, and must be called by the president or secretary on receipt of ofwritten vreques from Members holding at least ten percent inter- ests. Requests for a meeti • : -•- Members shall state the pur- V! C e. • cted at any special meet- ingnge hal the meeting an• e - ••: in the notice. shall be limited t• §2.3 otice o = •••• oeet.. • . s all\,e .iven to each Member Notice of the - -1 m= gt'an sixty (60) days at least fourteen + ,,4 .111171. •�e o; the annual meeting • before the osted • �moo• s c,L•n the Condominium shall be posted •� teen •) •a b e meeting. property at least ZD i e §2.4 Noti e •f r•- ial mee i -:a=i,_ 1 .:1.4007 the spec quirements for special kExcept as meeti-• • 4p�qp these Bylaws, notice of pecs of _embers'i special meetings, general h.l�`� ate the place, day and hour of the meeting and the purpose or purposes for which the meeting is called. The notice shall be given to all Members not less than ten (10) or more than sixty (60) days before the date of the meeting. A copy of the notice onfthespecial condominiummeeting property at posted 10 conspicuousda before the meeting. least ten (10) Y i '' Page 2 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "C" B11•vl.PCC/051888 i 7'. r u fi 14 t i 4•- Y r t r' '31.v.. r i. [j 4110 001354 000229 PA13r PAVILION CLUB CONDOMTN'IUM•ASSOCIATION, INC. BYLAWS • §2.5 Notice of budget meeting. The Board shall mail a notice of the meeting and a copy of the proposed annual budget to the Members not less than thirty (30) days before the meeting at which the Board will consider the budget. §2.6 Notice of meeting to consider excessive budget. If a budget adopted by the Board requires assessment against the Members for any calendar year exceeding one hundred fifteen percent (115%) of assessment for the preceding year, the Board, on written application of Members holding not less than ten per- cent (10%) of the voting interests, shall call a special meeting of the Members within not more than thirty (30) days and not less than ten (10) days after written notice to each Member. §2.7 Notice of meeting to consider recall of directors. A special meeting of the Members to recall a director may be called by Members holding at least ten percent (10%) of the voting interests giving notice of the meeting as required for a special meeting of the Members. §2.8 Notice of meeting to elect directors. Notice of a special meeting to elect a director or directors from Members other than the developer shall be given not less than thirty (30) days norforty (40) days before the meeting. The meeting ma dvIZa111164- notice given by any Mem- ber if the association OW,- o do -_ r� §2.9 OuoruT1. A quorum at me-t' • •f -,. co sist of persons en- . titled to cast, ei h= irp16 /I•xy a majority of the votes of the enti e [=mb= - •allots may not be counted in determi r- §2.10 Vo • •. 74 (a) um•-r • .f- In any m- • of Members, the owners of un''�- , --11 be ed to cast one (1) vote for each . , • > The vote of a con- dominium unit is •le. Page 3 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "Co 3y1....FCC/051688 n.• It { • 001354 000230 rt r3.6 nr PAVILION CLUB CONDOMINIUM ASSOCIATION, IN�: 1-''- BYLAWS (b) Majority vote. The acts approved by a majority of • the votes present in person or by proxy at a meet- ing at which a quorum is present shall be binding on all Members for all purposes unless the Act, the Declaration, the Articles, or these Bylaws require a larger proportion of vote, in which case that larger proportion shall control. §2.11 Membership-desianation of voting member. Persons or entities shall become Members of the Association on the acquisition of fee title to a unit in the Condominium after approval of the acquisition in the manner provided in the Declaration. Membership shall be terminated when a person or en- tity no longer owns a unit in the Condominium. If a unit is owned by more than one natural person, any record owner of the unit may vote in person or by proxy, provided that there shall be no more than one vote per unit. In the case of conflict among the owners of the unit, the vote for that unit shall not be counted as to the matter under consideration in which the con- flict arose, and whether the conflict appears by vote in person or by proxy. Ballots may be cast for units owned by corporations or partnerships by a president, vice president, a partner, or any person designated in a written certificate filed with the secretary of the Association and signed by a president or vice president of a corporation or a partner of a partnership. §2.12 proxies; Powers of Attorney. Votes may be cast in ,perc.S�c}} p lay proxy. Each proxy shall set forth specifically,,the-‘064"..4. 11%,{,� arson authorized to vote the proxy for him. E e xy sha'l1 Iain the date, time and place of the meeting .fes 4hich the pro 1 given. If the proxy is a limited proxy i -eha11 set fort pose items that the holder of the proxy mai 4 ae3—thi\mann r in which the vote is to be cast. The p o 1 -\ • on'ly for the specific meeting for which or n 11 • -ny ;lawfully adjourned meetings. No pro s al o period longer than ninety (90) days of er . :a s sting for which it • was given, and it \be revoked ai,an}}t� t at the pleasure of the member executing The proxy.a_lieA...... igned by the member or members (if more 1a�n one) or by"tp ' ropriate officer or partner of a corporat`ibrj ux partnership'oother designated per- son mentioned in §2.11;\ r.the duly-- t rized attorney-in-fact of that person or persone,!(pForAO tie power of attorney is filed with the secretary of the-Aeetion). The proxy shall be filed with the secretary before or at the meeting for which the f Page 4 of 32 pages. DECLARATION O! CONDOMINIUM EXHIBIT "Cm Maw".PCc/05188. s-, 7r F.` S 001354 000231 OR ROOK PAGE PAVILION CLUB CONDOMINIUM ASSOCIATION, INC. BYLAWS • proxy is given. A person holding a power-of-attorney from a Mem- ber, properly executed and granting such authority, may vote on behalf of that Member. §2.13 A.journed meetings. If any meeting of Members cannot be organized because a quorum is not present, the Members who are present, either in person or by proxy, may adjourn the meeting from time to time un- til a quorum is present. The time and place to which the meeting is adjourned shall be announced at the meeting at which the ad- journment is taken and a notice shall be posted in a conspicuous place on the Condominium property as soon thereafter as may be practical stating the time and place to which the meeting is ad- journed. §2.14 Proof of Service and Waiver of notice. All notices of meetings shall be in writing, and served either personally or by first class mail, by or at the direction of the president, the secretary, or the officer or persons call- ing the meeting. If mailed, the notice shall be deemed to be delivered when deposited in the United States mail addressed to the Member at the address last furnished to the Association, with postage for notice of any special meeting, by whomever called, shall be an obligation of the Association. An officer of the As- sociation shall provide an affidavit, to be included in the offi- cial records of the Associ- ing that a notice of any meeting of the associat . P ! - ohand delivered, in ac- cordance with the prov' f the '• these Bylaws, to each Member of the Associ •'• at the addr- -s ast furnished to the Association. Member- e the' ri. t to receive notice of any meeting, wheth •nn• 1. or pe •al, ,y . writing signed by them to that eff'ct f .- - .e filed with the secretary of the ss. a',. • ' e, at, or after the • meeting for which .i a -iv. • c , r §2.15 Acti.1 •- ',sou a 't' •. Members may tak-P. ion by writte•• .p -ment without a meet- ing, as long as writ.— -otice is g' - o the Members in the manner prescribed else .e�= ' \• aws appropriate to the subject matter to be agre-. kkfi c S - - that notice is waived as provided in these Bylaws. Th- •- =ion of a majority of the Mem- bers, or a larger proportion of the votes as otherwise may be re- quired by the Act, the Declaration, the Articles or these Bylaws (the decision to be evidenced by written response to be solicited Page 5 of 32 pages. DECLARATION OP CONDOMINIUM EXHIBIT "Cm Bylaws.PCC/0518BB 7+1 ire 3' a" v6 .kA'+"' a:tc ,.:�., `kt 4111 0 9 0 2 3 2 0 0 1 3 5 11. PAVILION CLDBOEONDOMINIDM ASSOCIATION, C. BYLAWS S in the notice), shall be binding on the membership, provided a quorum submits a response. The notice shall set forth a time period within which responses must be made by the Members. §2.16 Minutes of meetings. The minutes of all meetings of Members shall be kept in a book available for inspection by Members or their authorized rep- resentatives, and directors at any reasonable time. The minutes shall be retained by the Association for a period of not less than seven (7) years. Members and their authorized representa- tives shall have the right to secure copies of the minutes at their cost. §2.17 Order of business. The order of business at annual meetings of Members and as far as practical at other meetings of Members, shall be: a) Call to order (b) Election of a chairman of the meeting, unless the president or vice president is present, in which case such officer shall preside (c) Calling of the roll, certifying of proxies, determination of a quorum (d) Proof of notice oftha-meeting or waiver of notice 1,--- (e) Reading and dis TiVibCSIV:, approved minutes (f) Reports of of 0 --",A),.., (g) Reports of oais tees (h) Appointment' c" inspectors of e ection (i) Determinatio . •Uiber-o4r-dire tots (j) Election of direct..,- \ \ \ (k) Unfinished )3€ .E0 (1) New busines r ,,,, (m) Adjournment - i,... • \ '% - S2.I8 APti me\snecifice lv;Olaq , .- unit owner votes. The following a iOns require ap. owe' by the Members and / may not be taken by thejOlAx4„.. ,a 07 iti (a) Avendroents to thff-meclamerciekh, except those made by the developer adding a phase to the Condominium and recording a certificate of surveyor. (b) Merger of two or more independent condominiums of single complex to form a single condominium. Page 6 of 32 pages. DECLARATION or CONDOMINIUM AINXIXT 000 Sylava PCC/Oltlitt ''' '''' ..'''''''.: '',, ;74.,,,r,",: ' - - • '1,24-., .-,,:•.• IO',..j-' 4 '"'4"."rn - ' '."4 ''' 4 ''''''"' e-':"'-',$'• '^,...44, "'AV, I ° 0 0 I 3 5 4• 000233 • PAVILION CLUB CONDOM/NIUW ASSOCIATION, INC. PAGE BYLAWS (c) Purchase of land or recreation lease. (d) Cancellation of certain grants or reservations made by the Declaration, a lease or other document and any contract made by the Association before the transfer of control of the Association from the developer to Members other than the developer. (e) Exercise of Option to purchase recreational or other commonly used facilities lease. (f) Providing no Reserves, or less than adequate reserves. (g) Recall of directors. (h) Other matters contained in the Declaration, the Ar- ticles or these Bylaws that specifically require a vote of the Members. §2.19 Secret ballots, proxy. Any vote to amend the Declaration to change the proportions of ownership in the common elements or the sharing of the common expense must be conducted • •allot. Members wishing to vote a secret ballot by 1_> .ailed a ballot slip on a � paper separate from th- �� aining •xy and notice of meet- ing. The proxy shal Eft only for the •.t..se of establishing a quorum at the meeti g - • h the secr:t 'allot is to be con- ducted, and shall ngt •o - • on i face in-tructions as to how the proxy holder shbu • e •. lo . Provision shall • be made for the -e. _ •• b• returned to the y secretar of the as. at •�• ss: d, nmarked envelope, separate from the •r•. , ' 1 , !=1• -d in a larger en- velope containing t.= .ealed ballot- At t •,.eeting at which the secret ballot is to •- taken, the s; a a -ill present the un- opened envelopes to . 'nspectors oft:- - • •n, who will then ex- amine and verify the • 'es separate ..m the secret ballots in a manner that will - - the ' y of the secret vote. The inspectors of electi•• at. ly the secret ballots of those present at the meetin• -r with those of the Members voting by proxy and announce the results. Page 7 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "Co Byl•r•.PCC/051888 - - �r '�..� • • • • • • :- 0 n�0�p 1 rr3nn5nn!!4 0 0((��0��2 3 4 • PAVILION CLUB OONd;P iYU4 ASSOCIATION, INC�r' BYLAWS ARTICLE III • ' DIRECTORS §3.1 Number and qualifications. The affairs of the Association shall be managed initially by a board of three (3) directors selected by the developer. When Members other than the developer are entitled to elect a majority of the directors, the Board shall be composed of any odd number of directors that the Members may decide. The number of direc- tors, however, shall never be less than three (3). Other than those selected by the developer, directors must be either Mem- bers; tenants residing in the condominium; officers of a cor- porate unit owner; or partners of a partnership unit owner, or beneficiaries of a trustee unit owner. §3.2 Election of directors. Directors shall be elected at the annual meeting of Members by a plurality of the votes cast. Each voter shall be entitled to cast votes for each of as many nominees as there are vacancies to be filled. There shall be no cumulative voting. Not less than sixty (60) days before the annual meeting of the Members, a nominating committee of three (3) Members shall be appointed by the Board and the committee shall nominate one (1) person for each directorship to be filed. Nominations for additional direc- torships created at the meeting shall be made from the floor. Other nominations may also Z�m�dP o the floor. §3.3 Term• O` K C Q(T�T� C Each director's to - ervice sha 1 =xtend until the next annual meeting of t e an. - eaf -r ntil a successor is duly elected and qu. ,t -mo ed in the manner provided in §3.5. TC �• t any annual meeting rillignafter the develope = j_ .1 of the Association • and in order to pr• • •^ •_y - -;%ience, may vote to create classes of • t•ctorships ha ;ng ` s of not more than three (3) years so .' a system o t t g.- 'd terms will be in- itiated. 1-- 't §3.4 Vacancies. O� f R �1� Except as to vacanciesg from removal of directors by Members, vacancies in the Board occurring between annual meet- ings of Members shall be filled by majority vote of the remaining Page 8 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "C" By1.w..PCC/O51S88 ' 'i 0 • 00135 ' 000235 nn pp��++`` p r PAVILION CLUB `CONDOM1IIIUM ASSOCIATION, INC.- • BYLAWS directors. Any director elected to fill a vacancy shall hold of- fice only until the next election of directors by the Members; • irrespective of the length of the remaining term of the vacating director. §3.5 Removal. Any director, except those selected by the developer, may be recalled and removed from office with or without cause by the vote or agreement in writing of a majority of all Members. Any vacancy on the Board thus created shall be filled by the Members of the Association at the same meeting. If more than a single director is subject to recall, there shall be a separate vote on the question to remove each director. §3.6 Disqualification and res gnatiof. Any director may resign at any time by sending or personally delivering a written notice of resignation to the Association, addressed to the secretary. The resignation shall take effect on receipt by the secretary, unless it states differently. Any director elected by the Members who is absent from more than three (3) consecutive regular meetings of the Board, unless ex- cused by resolution of the Board, shall be deemed to have resigned from the Board automatically, effective when accepted by the Board. Any director Member more than sixty (60) days delin- quent in the payment of an assessment shall be deemed to have resigned from the Board, Rtty®��` •-n the resignation is ac- cepted by the Board. 0`� "OA/ §3.7 • •anizat'• aY meet .. The organizati.na mee .ewly el-cted Board shall be • held within ten (1,) i•-;;;- 0111r -�* 1}�•n -t a place and time that shall be fixe. b T e mseting at which they were elected and w. •! • y • ris -x.-• notice to Members required by 4718.11 ) , •r • St.-. =� §3.8 Re-L1- e'153 A The Board may est=. . a schedu rikf regular meetings to be held at a time and pla - •f them shall determine from time to time. Notice - .eetings, however, shall be given to each director persona y or by mail, telephone or telegraph, at least three (3) days before the day named for the Pace 9 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "C" BPlava.PCC1051888 .� +{,,..1 i t -} ti l t • �"i°fF . ,,S • a r� yff.'t. ��.^, .4••• A `'it -•'v '1 41110 001354 000236 pp``rrr PAVILION CLIACCM ��INIUM ASSOCIATION,I, G. BYLAWS meeting with the notice of each meeting posted conspicuously on the Condominium property at least forty-eight (48) hours before the meeting, except in an emergency. §3.9 Special meetings. Special meetings of the Board may be called by the president and, in the absence of the president, by the vice president, and must be called by the secretary at the written request of a majority of the Board. Notice of the meeting shall be given personally or by mail, telephone or telegraph. The notice shall state the time, place and purpose of the meeting and shall be transmitted not less than three (3) days before the meeting. A copy of the notice of any special meeting shall be posted con- spicuously on the Condominium property at least forty-eight (48) hours before the meeting, except in an emergency. §3.10 Waiver of notice. Any director may waive notice of a meeting before, at or after the meeting and that waiver shall be deemed equivalent to the giving of notice. Attendance by any director at a meeting of the Board shall constitute a waiver of notice of the meeting, ex- cept when the attendance of such director is for the express pur- pose of objecting at the beginnin of the meeting to the transac- tion of business because 411 hs not lawfully called. §3.11 Ouorum A quorum at th m • •f the dir- to s shall consist of a majority of the en r B• -•ts a.•r•ved by a majority of those present at •-i - z. or m is present shall constitute the a. s r • n t hen approval by a • _� o b • e Declaration, the greater number of • 1��►� �,'' • Articles or by the-p §3.12 Ad . -. •. me- .n•s• .. 0 If there is less a quorum p -e at any meeting of the Board, the majority o • - - Lb adjourn the meeting un- til a quorum is present. .14w1 .-.• ned meeting, anybusiness that might have been trans. • at the meeting as originally called may be transacted without further notice. 1 Page 10 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "C" by1.w..PCC/C51888 • • :'i; • 001354 000237 nn PAVILION CLUB CONDtiMIN�UM ASSOCIATION, IN/C:- • BYLAWS §3.13 No proxy. There shall be no voting by proxy at any meeting of the Board. §3.14 Joinder in meeting by approval of minutes. A director may join in the action of a meeting by signing and concurring in the minutes of that meeting. That concurrence, however, shall not constitute the presence of that director for the purpose of determining a quorum. §3.15 Meeting open to Members. Meetings of the Board shall be open to all Members to attend and observe. No Member, however, shall be entitled to par- ticipate in the meeting unless specifically invited to do so by the Board. Notice of any meeting in which assessments against Members are to be considered for any reason shall specifically contain a statement that assessments will be considered and set out the nature of the assessments. §3.16 Presiding officer. The presiding officer at Board meetings shall be the presi- dent or, in the absence of the resident, the vice president, and in the absence of the vice = he directors present shall designate any other dire, dr SJ .M. eside. §3.17 inute •O meet •s. The minutes of ala B•-r• shall be kept in a ilittrinat book available for n •- t -ir authorized rep resentative and di•ec.• .i . 14 The Associa- - tion shall retain th- -\ .e.i2.; of not less than • seven (7) years. o,,, ed representatives shall have the righ'make writte ot.t'o- from the minutes. §3.18 -xecut•�Ca c. .m it e-. 1 The Board, by res .•,.q an executive committee to consist of three (3) o uotiONE.e '- - of the Board. The execu- tive committee shall have an. exercise all of the powers of the Board in the management of the business and affairs of the Condominium during the intervals between the meetings of the Board insofar as may be permitted by law. The executive com- mittee, however, shall not have the power to: I Page 11 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "Co B]1•ws.PCC/851888 • s r • J. • • • • • • • • • r 1 1•f4t L• s. • 001354 000238 L ((JJ, r_ PAVILION CLnB� n ,MINIUM AS5QCIATION;'r�NC. • BYLAWS (a) determine the common expenses required for the operation of the Condominium; (b) determine the assessments payable by the Members to meet the common expenses of the Condominium; (c) adopt or amend rules and regulations covering the details of the operation and use of the Condominium property; (d) purchase, lease or otherwise acquire units in the Condominium in the name of the Association; (e) approve or recommend to Members any actions or proposals required by the Act, the Declaration, the Articles or these Bylaws to be approved by Members; or (f) fill vacancies on the Board. Meetings of the executive committee shall be open to Members. §3.19 Compensation. Directors shall serve without pay but shall be entitled to reimbursement for expenses reasonably incurred in the discharge of their duties. §3.20 Order of business. The order of business a ••s of directors shall be: (a) Calling of ro ��R ��lT ` �T (b) Proof of no .f meeting o er of notice (c) Reading an d .• - of any un- •pr•ved minutes (d) Reports o o ids . • 'titte-s (e) Election f •ffice (f) Unfinish-• ��JJJII • r (g) New busi -s•, Pr.,' (h) Adjournm. j §3.21 El- •1 . of d - •r :_ • .e ot,.- th. , t - developer. ' ' (a) One third. * •41L11,1' han the developer own fifteen pe eR�i'r ��ore of the units in any one (1) Condo, •. 3 .t will be operated ul- timately by the Association, they shall be entitled to elect no less than one-third (1/3rd) of the directors. Page 12 of 32 pages. 1 DECLARATION OF CONDOMINIUM EXHIBIT "co Bylrv•.FCCl051B88 ,y.y.` a 4 „y.. •.M . • • 111111111111111 00nnI354 000239 OM lpp r PAVILION CLUB COr uOM lUM ASSOCIATION, INAnc BYLAWS (b) Majority. Members other than the developer are en- titled to elect not less than a majority of the directors at the earliest of: (i) twelve (12) months after fifty percent (50%) of the units that ultimately will be operated by the Association have been conveyed to purchasers; or (ii) four (4) months after seventy-five per- cent (75%) of the units that ultimately will be operated by the Association have been conveyed to purchasers; or (iii) when all the units that ultimately will be operated by the Association have been conveyed, some of them have been conveyed to purchasers and none of the others are being offered for sale by the developer in the ordinary course of busi- ness; or (iv) when some of the units have been conveyed to purchasers and none of the others are being constructed or offered for sale by the developer = ordinary course of business. \,`tL'R pUA/ (v) within 4 . (5) year- • lowing con- veyan•e .f the first un't 'n the Con- domidi:r - a - o• e. than the deve op-r. • (c) Deve •.e, -u•e.. T. - , r is entitled to elect at t •� (_dire o. -s long as the develope fo sa _ n - inary course of business -, least five p= ce t Z5 ) of the units that ultinaa• y will be %,- .a•0 by the Associa- tion. '� v (d) Election. Wi O n - 1,32 r•� ys after the Members other than the .. ,9+T..E1 - e entitled to elect .a director or directors, the Association shall call, and give notice of a special meeting of the Mem- bers to elect directors not less than thirty (30) days nor more than forty (40) days prior to the Paga 13 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "C" Bylaw.PCC/851888 I' 1 001354 000240 PAVILION CLi1BCBt 1IINIUM ASSOCIATIONI?N E. BYLAWS meeting. The meeting may be called and the notice • given by any unit owner if the Association fails to do so. (e) Relinquishment of control. Either before or not more than forty (40) days after the time that Mem- bers other than the developer elect a majority of the directors, the developer shall relinquish con- trol of the Association and the Members shall ac- cept control. Simultaneously, the developer shall deliver to the Association all property of the Mem- bers and of the Association held or controlled by the developer, including but not limited to those items specified in the Act. (f) Compellinu compliance. In any action brought to compel compliance with §718.301, Florida Statutes, regarding transfer of Association control and elec- tion of directors by Members other than the developer, the summary procedure provided for in §51.011, Florida Statutes, may be employed, and the prevailing party shall be entitled to recover reasonable attorneys' fees. (g) Early transfer. Nothing contained in this §3.21 shall be deemed to prevent the developer from transferring control of the Association to Members other than the d- o• , •=fore the occurrence of the events des O, 'n -ction. §3.22 Fa' ur- ' �_ •ru . ff.30 111111%6,\'.'_If the Associa i• e =o• fai •o fill vacancies on the board suffici-. t • o. i. - - r ,, any Member, may apply to the circ it u. pg: ( i isdiction the Con- dominium is situat=d ,eP° e o receiver to manageIII the affairs of the (AS i• . th•. prescribed in the Act. If a recei 611' is appointe• re ociation shall be responsible for the - ary of the r- ..-i e ourt costs, and at- torneys' fees. The A ver shall h: j he powers and duties of a duly constituted tjF1 • and shall -rep until the Association fills vacancies on the •��• - ff , d constitute a quorum. ERE CW- i Page 14 of 32 pages. DECLARATION OB CONDONINIDli ERHIBIT "C" Bylaws.PCC/051838 i H • f +' • ' , .,,,,.. , 00 1354 0002 ►, 1 PAVILION CLUB CONDOM}-j ]�`$SOCIATION, INC. Pi-GL . BYLAWS ARTICLE IV POWERS AND DUTIES OF THE BOARD All of the powers and duties of the Association existing un- der the Act, the Declaration, the Articles and these Bylaws shall be exercised exclusively by the Board, or its duly authorized agents, contractors or employees, subject only to the approval by Members when that approval is specifically required. The powers and duties of the Board shall include, but shall not be limited to, the following: §4.1 Manage the Condominium property. §4.2 Contract, sue or be sued. After control of the Association is obtained by Members other than the developer, the Association may institute, main- tain, settle or appeal actions or hearings in its name on behalf of all members concerning matters of common interest, including but not limited to the common elements and commonly-used facilities. The statute of limitations for any actions in law or equity that the Association may have shall not begin to run un- til the Members have elected a majority of the directors. §4.3 Rights of access O The Association h._'• rrevo : $ ight of access to each unit during reasonab _ .urs as neces for the maintenance, repair or replacemen o any common elem t or for making emer- gency repairs neces a e•- •-mage to the common elements or to another unit r in't .4)s • §4.4 Make an• of etct -n r �r §4.5 Lease and pa;n ain e co on -1..J ts. §4.6 Assert and -close liens ' •• •,id assessments. The Association h:® : ien on -4 ondominium parcel for any unpaid assessments tW/' - - d for reasonable attor- neys' fees incurred in the - -.. •n of the assessment or en- forcement of the lien. It also has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage or convey it. • Page 15 of 32 pages. DECLARATION OP CONDOMINIUM EXHIBIT "C" Bylaws.PCCJOBLBBB i 1 • • • 1111 001354E 0002 '. 2 ((��f12"001Cn�(� {�\\ pf��r PAVILION CLUB CONDOQ±�IIUMOABSOCIATION, INC. 1 • BYLAWS §4.7 Purchase unit. In addition to its right to purchase units at a lien foreclosure sale, the Association generally has the power to pur- chase units in the Condominium and to acquire, hold, lease, mortgage and convey them. §4.8 Modify easements. The Association, without the joinder of any Member, may modify or move any easement for ingress and egress or for utilities purposes if the easement constitutes part of or crosses the Condominium property. §4.9 Purchase land Or recreation lease. Any land or recreation lease may be purchased by the As- sociation on the approval of the owners of seventy-five percent (75%) of the units in the Condominium. §4.10 Acquire use interest in recreational facilities. The Association may enter into agreements, acquire leaseholds, memberships and other possessory or use interests in lands or facilities, such as c• • e clubs, golf courses, marinas and other recreational fas(2y Iter contiguous to the con- dominium property or n. �4 - R re intended to provide enjoyment, recreation • *• er use or - it to the Members and (b) if they exist or - created at the im the Declaration was recorded, they are f• • -scr •e in the Declaration. §4.11 Aut • !_ana .5 S.E IInf_l.eIC: . If there is anIFk I, ft! 11Th claration or other • document required b a• - °minium, an amend- ment to the Declararrecting e •• may be approved as provided in §18.3 oeclaratio • - •rocedure for amend- ment cannot be usedh an amendme ••ld materially or ad- versely affect prop •hts of Me$.•- =, unless the affected Members consent in w • 7-$If C`RLt 4.12 Adopt rules and reou a ons. The Association may adopt reasonable rules and regulations for the use of the common elements, common areas and recreational facilities serving the Condominium. Page 16 of 32 pages. $ DECLARATION OF CONDOMINIUM EXHIBIT "C" Bylaws.BCC/051M 1 • 00I35It 0002k- 3 PAVILION CLUB CONDOMN3IIM'7ASOCIATION, INC. Pr1f r • BYLAWS §4.13 Maintain accounting records. §4.14 Obtain insurance. The Association shall use its best efforts to obtain and maintain adequate insurance to protect the Association and the common elements. §4.15 Furnish annual financial reports to Members. §4.16 Give notice of liability exposure. If the Association may be exposed to liability in excess of insurance coverage in any legal action, it shall give notice of the exposure to all Members, who shall have the right to inter- vene and defend. §4.17 Provide certificates of unpaid assessment. Any Member, mortgagee or other record lienholder has the right to require from the Association a certificate showing the amount of unpaid assessments respecting the Member's condominium parcel. §4.18 Pay the annual fees due to the State of Florida. §4.19 Maintain records of Members and tenants. §4.20 ContractA - .�_.-„� the Condominium. O §4.21 Pay to a •r assessments a • st the Condominium. §4.22 pay .os s� ti 'tie sere ce-. • §4.23 Em•1. ere �. 111( The Associati• '• mirOP �=-T d s✓ .ersonnel as neces- sary for the mai = ance and op- at;o .f the Condominium property and may re.- , those profe.-'o a -rvices that are re- quired for those pur.. . 1� §4.24 Lev fin--r 'litCIRC\} The Board may levy fines ag'dlTt a unit as provided in §17.4 of the Declaration. Page 17 of 32 pages. DECLARATION OP CONDOMINIUM EXHIBIT NON By1.w.PCC/x5188 Sty I 001354 . 000244 PAVILION CLUB CON OUM Wig ASSOCIATION, INC: BYLAWS . §4.25 Authorize private use of the common elements. The Board may authorize Members or others to use portions of the common elements, such as social rooms and meeting rooms for private parties and gatherings, for which reasonable charges may be imposed. §4.26 Repair or reconstruct improvements to the common elements. ARTICLE V OFFICERS §5.1 Executive officers. The executive officers of the Association shall be a presi- dent, who shall be a director, a vice president, who shall be a director, a treasurer, a secretary and an assistant secretary. The officers shall be elected annually by the Board and may be removed without cause at any meeting by a vote of a majority of all of the directors. A person may hold more than one office ex- cept that the president may not also be the secretary or assis- tant secretary. No person shall sign an instrument nor perform an act in the capacity of more than one office. The Board from time to time shall elect ot.- officers and designate their powers and duties as th- ,62, find to be required to manage the affairs of t.- - - .11T §5.2 President. lJ The president sh-ll •e t. chi=f ex cu ive officer of the Association, with •11 • "�••'•+l : '• ti-s that usually are vested in the offi,e t' - i• - a -sociation, includ- ing but not limit-.ft, ;• ap'. n •mmittees from among . the Members to ass pct . `1e affairs of the As- sociation. The pr 'ant shall p -id- . .11 meetings of the Board. §5.3 is •resid �► iL ' v The vice president sh. � - •. +- = the powers and perform the duties of the president in t e absence or disability of the president, and shall assist the president and exercise those other powers and perform those other duties as shall be prescribed by the directors. Page 18 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT NCS' Bylaws.PCC/051e88 y"� ?••• ti..cf 4 A.3 414 ,�F.itiYFkh <s- 1 • 0�n0 ► p�1 3 5 t(►(( 0 0 0 2 4 5 PAVILION CLUB CONDOMINIUMQ&SCSC'IA'TION, INC. PAGE • BYLAWS §5.4 Secretary. The secretary shall keep the minutes of all proceedings of the directors and the Members; attend to the serving of all notices to the Members and directors and other notices required by law; have custody of the seal of the Association and shall af- fix it to instruments requiring the seal when duly signed; keep the records of the Association, except those of the treasurer; and perform all other duties incident to the office of the secretary of an Association and as may be required by the direc- tors or the president. §5.5 Treasurer. The treasurer shall have custody of all property of the As- sociation including funds, securities and evidences of indebted- ness; keep books of account for the association in accordance with good accounting practiceswhich, together with substantiat- ing papers, shall be made available to the Board for examination at reasonable times; submit a treasurer's report to the Board at reasonable intervals; and perform all other duties incident to the office of treasurer. All money and other valuable effects shall be kept for the benefit of the Association in such depositories as may be designated by a majority of the Board. §5.6 Compensation. SICK C The compensatio. .0 any, o VT. officers and other employees of the Ass•c - ion shall be xe. by the Board. This provision shall not •r= b.- ... :od f •m employing a director as an employee of h. A-s.- - • pr=cl de the contracting with a director for t =-r. 1•n•ominium. 1111 II jr, • �� J FISCAL MANA<- • .T Q §6.1 :oard ado•ti• A!_ bud•et. \,N The Board shall adop Tk uC$a�' r the common expenses of the Association in advance of e. iscal year at a special meet- ing of the Board called for that purpose at least forty-five (45) days before the end of each fiscal year. Page 19 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "C" Byi■,.•.PCC/03i888 '� s i .< � ��j4�(``r"�;�; L i d .w ,4.,.....;„;,,,4,,,..1.1,4.:...^:� �P �`F..... h ..r -� 1 j, • • OOI35 )F 000246 PAVILION CLUB C NbOI118PM ASSOCIATION, II :•:3E • BYLAWS §6.2 Budget requirements. The proposed annual budget of common expenses shall be detailed and shall show the amounts budgeted by accounts and ex- pense classifications, including, when applicable, but not limited to: (a) Administration of the Association (b) Management fees (c) Maintenance (d) Rent for recreational and other commonly used facilities (e) Taxes on association property (f) Taxes on leased areas (g) Insurance (h) Security provisions (i) Other expenses (j) Operating capital (k) Fees payable to the Division of Florida Land Sales and Condominiums (1) Reserve accounts for capital expenditures and • deferred maintenance, including, but not limited to, roof replacement, building painting and pave- ment resurfacing. §6.3 Notice of budge \)"' V The Board shall 44t a meeting .Qlb a and copies of the proposed annual budg t o the Members n.t ess than thirty (30) days before the see i • wh' bud•et will be considered. The meeting shall b• o•en to the .embe s. .§6.4 Member r=je• on of(�fix ` :. d e . If a budget ad•.• •-• y e :oa • r'gu Ye'. assessment against the Members in any 0,al year exce- n undred fifteen per- cent (115%) of the .0= sment for ay •us year, the Board, on written applicati••; • Members ho . • at least ten percent i! (10%) of the voting i • ts, sha v a special meeting of the Members within thir• X?;;A • - - • -- above provided in §2.5. At the special meeting, Me.•; 1.1" consider and enact a budget by not less than a majority vote of all Members. Provisions for reasonable reserves for repair or replacement of the Condominium property shall be excluded from the computation in determining whether assessments exceed one hundred fifteen percent (115%) of similar assessments in the previous year. Page 20 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "C5 3,1aw.PCCIO51888 00 1 354 0002 ', 7 OR ;00K PP.r • PAVILION CLUB CONDOMINIUM ASSOCIATION, INC. BYLAWS §6.5 Alternative budget adoption by Members. At its option, for any fiscal year, the Board may propose a budget to the Members at a meeting of Members or in writing. If the proposed budget is approved by the Members at the meeting or by a majority of all Members in writing, the budget shall be adopted. §6.6 Budget restraints on developer. As long as the developer is in control of the Board, the Board shall not impose an assessment for any year greater than one hundred fifteen percent (115%) of the previous year's assess- ment without approval of a majority of all Members. §6.7 Accounting records and reports. The Association shall maintain accounting records in the county in which the Condominium is located, according to good ac- counting practices. The records shall be open to inspection by Members or their authorized representatives at reasonable times. The records shall include, but are not limited to: (a) a record of all receipts and expenditures and (b) an account for each unit, designating the name and current mailing address of the unit owner, the amount of each ssessment, the dates and amounts in which the assessments c• � -T� amount paid on the account and the balance due. ;;0 days after the end of each fiscal year, th, t• d shall m. • • furnish by personal delivery to each me“- a complete fi .n 'al report of actual receipts and expendi ur-- • •- •r-viou t elve (12) months. §6.8 •e•• it•y, . MP The depositor -411417,17 ', io' -h. 1 be those banks or • savings and loan •ss• �. i'`=' , c--at- ' -deral, located in Florida, as shall :'z�.esignated fr trm-.- time by the Board and in which the mo ve for the As-_", . ', shall be deposited. Withdrawal of money those accou At}- 1 be only by checks or other withdrawal i• ents sign-.Ai those persons as are authorized by the direcIE LRC f §6.9 fidelity bonding. Any person who controls or disburses funds of the Associa- tion shall be bonded by a fidelity bond in the principal sum of not less than ten thousand dollars ($10,000). The cost of bond- Page 21 of 32 pages. DECLARATYON OF CONDOMINIUM EXHIBIT "Ca Hslaw,PCC/051088 •*- c4 "� •,l iFf `»,f rl• _ szt s rk • . . t ay Xt.� <, Y 4 S � -_ r� �'+ .,ry � ,Ek n s. � 1 - L 001354 0002k8 nnLL Pti�;_ 5}Id?1UM PAVILION CLUB CONASSOCIATION, INC. e III BYLAWS t. ing shall be at the expense of the Association, unless otherwise provided by contract between the Association and an independent l management company. i• §6.10 Annual election of income reporting method. The Board shall make a determination annually, based on com- petent advice, the method for reporting the income of the As- sociation to the Internal Revenue Service, according to which method of reporting shall best serve the interests of the As- sociation for the reporting period under consideration. ARTICLE VII ASSESSMENTS AND COLLECTION j §7.1 Assessments. aenerally- Assessments shall be made against the Members monthly. The assessments shall be made in an amount no less than required to provide funds in advance for payment of all of the anticipated current operating expenses and for all of the unpaid operating expenses previously incurred. The assessment funds shall be col- lected against Members in the proportions provided in the Decla- ration. Members' shares of ....,•; - senses shall be in the same ' in the common elements. proportions as their own= vg� �'= §7.2 le •e c a.- -�_m , . ' Assessments f• e •- -- of me gencies that cannot be paid from the a : s= _., :. c •n expenses shall be made by the Board , 'y wr tten notice to the Members. These as m nt • _ 1111ii � P he times and in the l ell: - manner that the Bo- -›...1-›...1 "`!!T ,• t._ a of assessment. §7.3 s ess , ch- •... It. J Charges by the iation agaili4 -tubers for other than common expenses shall �!~/p- .ble i. ce. Charges for other than common expenses may ter approval of the Mem- ber to be charged or when e 1 •rovided for in the Declara- tion or other Condominium documents. These charges may include, without limitation, charges for the use of the Condominium property or recreationarea, maintenance services furnished at the expense of a Member and other services furnished for the benefit of a Member. Page 22 of 32 pages. DECLARATION OP CONDOMINIUM EXHIBIT "C" S7lava.PCOIO518U Jk.¢,,,{F ±4,01.4R ,, x : SL .k•.. -t-:1.1 ••Z 4.-,� hlf..',rk ' ' �Lpk y 3„t5,VV-,;:„'y, '++ ` -. .c t7` '^•b 5 ys,r .'^ w T e r ua t III } 7 001354 0002 '. 9 1 tlM1�iIUHra PAVILION CLUB CO ASSOCIATION, INC.INC. BYLAWS • §7.4 Liability for assessments. Each Member regardless of how title is acquired, shall be liable for all assessments coming due during the term of owner- ship. The Member and any grantee of the Member in a voluntary conveyance shall be jointly and severally liable for all unpaid assessments due and payable up to the time of the voluntary con- veyance. A first mortgagee who acquires title by foreclosure or deed in lieu of foreclosure, however, shall not be liable for un- paid assessments of previous owners unless those assessments are evidenced by a lien recorded before the foreclosed mortgage. The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made. §7.5 Assessments, amended budget. If the annual assessment proves to be insufficient, the budget and assessments may be amended at any time by the Board. Unpaid assessments for the remaining portion of the year for which an amended assessment is made shall be payable in as many equal installments as there are installment payment dates remain- ing in the budget year as of the date of the amended assessment. The budget shall not be amended for emergency or special non- recurring expenses. §7.6 Co ec 'o - Inte =_ ,:,F.._' -tio, of •.i ei . Assessments and i -r- . -nts •U if not paid within ten (10) days after the dAV,9 •ue, shall be.91111-1 terest at the rate of eighteen percent (18 ) --r until pa d. All assessment pay- ments shall be appl .ed f to est .nd then to the assess- ment payment due. 110 §7.7 Lien for irlas•:4F,Z1I) The Associati 111(•as a 1 en o • eac •• osmium parcel for any unpaid assessor-y�- with intere- - a • i, reasonable attor- neys° fees incurred I. a Associati:" .�rnt to the collection of the assessment or Yement of th, . The lien is effec- tive from and after - a 'lp •f lien in the public records in the county in 1 , , 7 %•minium parcel is located for a period of one (1) yea within that time an action to enforce the lien is commenced in a court of competent juris- diction. The claim of lien includes those assessments that are due at the time the lien is recorded and all unpaid assessments, Page 23 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT MCN H71ava.YCC10518ae 1. . 'T t{ r t w - ... '; •,...a ' ''' :jrF111-Sis�x s s 5' .y1�, 110 1 001354+ 000250 PAVILION CLUB CONDOM-INI S ASSOCIATION, INC��A'rr BYLAWS • interest, costs and attorney's fees which may accrue subsequent to the recording of the claim of lien and prior to entry of a final judgment of foreclosure. The lien is subordinate to any mortgage on the condominium parcel recorded before it. §7.8 Collection: suit. notice. The Association may bring an action to foreclose any lien for assessment in the manner that a mortgage of real property is foreclosed. It also may bring an action to recover a money judg- ment for the unpaid assessment without Waiving any claim of lien. The Association shall give notice to the unit owner of its inten- tion to foreclose its lien at least thirty (30) days before the foreclosure action is filed. The notice shall be given by delivery of a copy of it to the Member or by certified mail, return receipt requested, addressed to the Member. ARTICLE VIII ASSOCIATION CONTRACTS, GENERALLY §8.1 Fair and reasonable. cancellation. Any contract made by the Association before the Members as- sume control from the develops u t be fair and reasonable. All contracts for the operat�'•- �!.� yi ce or management of the Condominium property s- �3.. i-:I.: , made by the Associa- tion, whether before • •- er assump •,.f control of the As- sociation by the Memb- must not be in co lict with the powers and duties of the As=. .e igh.- • the Members. Con- tracts made by the • -•ciithe e,.ers assume control may be canceled by i• of control in the manner and under th- . �• ri.ed in the Act.11 III §8.2 Ve,•in• eq.. �.,=.i. Cv The developer obligate I ..iation under lease agreements or other 1 actual arran. .0-11,s for vending equip- ment. The leases or a. , -nts for t • 4s•ding equipment may not be subject to cancellati.- • .-r than the developer if the vending equipment leas- • . ,<- is contain certain provi- sions as prescribed by the Act. i Page 24 of 32 pages. ! DECLARATION OF CONDOMINIUM EXHIBIT "C" • Byl.w..PCC/051888 • r i . sV { Cps *• 4„.....• rat �: 1 i 7 001354 000251 III PAVILION CLU��L013 �SNIUM ASSOCIATION,DA BYLAWS §8.3 Escalation clauses prohibited. No management contract entered into by the Association shall contain an escalation clause, since they have been declared to be against the public policy of the State of Florida. §8.4 Maintenance and management contracts. Written contracts for operation, maintenance and management entered into by the Association must contain certain elements in order to be valid and enforceable. These include, but are not limited to: (a) Specification of the services, obligations and responsibilities of the service provider. (b) Specification of costs for services performed. (c) An indication of frequency of performance of serv- ices. (d) Specification of minimum number of personnel to provide the services contracted for. (e) The disclosure of any financial or ownership inter- est that the developer has in the service provider, if the developer is in control of the Association. Alf if C _r1_., ' ROST- ,� r :ERS AND !s eAGEEB 9.1 Rosters. Each Member s a �� '��' i-tion a copy of the • deed or other ins r t 10( 1( 2).1. 1117111..-..41-7. y�,s o i . 1zT•� 'e t•=res ownership of a unit, together wi•. , .. .!. � •ag= .n the unit and any satisfaction of th= mortga.e. ' _ - sop ion shall maintain these documents in itable binde. '�t4z ence as required in the exercise of its .. ,rs and duti-" ,C) 0r,1'T CIC\)\ Page 25 of 32 pages. DECLARATION OP CONDOMINIUM EXHIBIT PC" Bylaws.PCC/051888 i 1 ✓ �i fi • • a }F i t IE `r 1 — 7 001354 000252 PAVILION CLUB Cd OI�1t JM ASSOCIATION, IN 4GH 1111 BYLAWS ARTICLE X COMPLIANCE AND DEFAULT §10.1 Violations. notice, actions. In the case of a violation (other than the nonpayment of an assessment) by a Member of any of the provisions of the Act, the Declaration, the Articles, these Bylaws or any lawfully adopted rules and regulations, the Association by direction of its Board may transmit to the member by certified mail, return receipt re- quested, a notice of the violation. If the violation shall con- tinue for a period of thirty (30) days from the date of the notice, the Association shall have the right to treat the viola- tion as an intentional and material breach of the provision cited in the notice. It then, at its option, may take the following actions: (a) File an action to recover for its damages on behalf of the Association or on behalf of other Members. (b) File an action for injunctive relief requiring the offending Member to take or desist from taking cer- tain actions. (c) File an action for both damages and injunctive relief. A Member may bring =iIfi i6fi),•- nst the Association for damages, injunctive re ` bo , T e Association fails to comply with the prov = of the Act, h= Declaration, the Ar- ticles, these Bylaws or - les and re• la ions. • The foregoin a t'o ,.:4 i addition to the Association's righ t• 7 - ' . .4 of these Bylaws. • §10.2 • t••.w.=._.,...3,-11is i•-. In any actionght pursuan o t - •rovisions of §10.1, the prevailing partyft -ntitled to v-- easonable attorneys' fees. §10.3 • wa v-r FT,.:iet1 -jR Neither a Member nor the Association may waive a provision of the Act if that waiver would adversely affect the rights of a Member or the purposes of the provision, except that Members or directors may waive notice of specific meetings in writing. 1 Page 26 of 32 pages. , DECLARATION OF CONDOMINIUM EXHIBIT "C" Bylaw PCC/os1SN i r i • 4 • , R ,'n? 00135'4 000253 PAVILION CLUB CONDOMIi1TtJM ASSOCIATION, INC. r • 1 BYLAWS ARTICLE XI ARBITRATION OP INTERNAL DISPUTES §11.1 Arbitration. Internal disputes arising from the operation of the Con- dominium among Members, the Association, their agents and assigns may be resolved by voluntary binding arbitration. Arbitrators shall be provided by the Division of Florida Land Sales and Con- dominium pursuant to §718.112(2) (m) , Florida Statutes. Each party to the dispute must first agree to the arbitration process and, in such case, the arbitrator's decision will be final. If judicial proceedings are taken after arbitration, the arbitrator's final decision will be admissible in evidence. Any party may seek enforcement of the arbitrator's final decision in a court of competent jurisdiction. Nothing in this article shall preclude any party from proceeding alternatively in the manner prescribed by Article X above. ARTICLE XII LIABILITY SURVIVES MEMBERSHIP TERMINATION §12.1 Liability. ,�\ER CO0 Termination of ,-VI, :hip in .#3.' ssociation shall not relieve or release a • ,ger Member fro."li_bility or obligation incurred with respe•t 4 Condo”iniu• • ring the period of membership, nor imp•ir a -- - reme.ie= that the Associa- tion may have again-t - - si g out of such mem- • bership and the cov-n• yI • , r-spect to that mem- bership. (1 _ `� L r ARTICLE j LIMITATIONS 0' , - :ILITY FOR II8: •• ',•MMON ELEMENTS §13.1 Limit•ti•� �1� TETE C1i Each Member may be perso . • iable for the acts or omis- sions of the Association relating to the use of the common ele- 1 ments. That liability shall be shared with other Members in the Page 27 of 32 pages. DECLARATION OP CONDOMINIUM EXHIBIT "C" 871....PCC/051888 If'. r' • 0 0 I 3 5 4 00pp0254 PAVILION CLUB CONDOMINT ASSOCIATION, INu. r BYLAWS • same proportions as their respective interests in the common ele- • ments. No individual Member's liability shall exceed the value of such Member's unit. ARTICLE XIV RULES AND REGULATIONS §14.1 Board may adopt. The Board may adopt and amend, from time to time, reasonable • rules and regulations governing the conduct of meetings of the Board and the Members of the Association, the use and operation of the common elements, common areas and recreational facilities serving the Condominium. . §14.2 Posting and furnishing copies. I A copy of the rules and regulations adopted from time to time by the Board, and any amendments to existing rules and regulations, shall be posted in a conspicuous place on the Con- dominium property and a copy furnished to each Member. No rule, regulation or amendment shall become effective until thirty (30) days after posting, except in the case of an emergency, in which case the rule or regulation or amendment shall become effective immediately on posting. `\ R CO G r §14.3 L. 't, _�-�, aut o ��1 The Board may b re t ct' the right of any Member to peaceably . •-e .•r o in ite ub' ic officers or can- didates for public • k in common elements, common areas and r= fa �E _ Board may not deny an resident of the Y � l - - - t or owner, access • to any available f•= �i d - television service or exact a charge o ything of va, - n ess of charges nor- mally paid for like • ices by res•i / single-family homes within the same fran or license a §14.4 Reasona` . �N - ECORC Any rule or regulation cr-- and imposed by the Board must be reasonably related to the promotion of the health, happiness and comfort of the Members and shall be uniformly applied and en- forced. Page 28 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "C" Dy1ays.PCC/051888 i, • • i tri S- .. ,.c "" l; ' , • ".' k 001354. 000255 • PAVILION CLUB CONUlii`�1M ASSOCIATION, I OM 1 BYLAWS 1f ARTICLE XV I If1 REBTRICTIONB ON USE, MAINTENANCE AND APPEARANCE OF UNITS 1 §15.1 Where contained. 11 Restrictions on the use, maintenance and appearance of the individual Condominium units shall be stated in the Declaration and no amendments or additions shall be contained elsewhere than in the Declaration as adopted by a vote of the Members in the manner prescribed elsewhere in these Bylaws. t §15.2 Tests for validity of restrictions. Restrictions contained in the Declaration and any amendments duly adopted by a vote of the Members shall be valid and ins the nature of covenants running with the land, unless it is shown that they: (1) are wholly arbitrary in their application; (2) are in violation of public policy; or (3) abrogate some fundamental constitutional rights. • •TI PRIOR X. •= -•C**� j•NFLICT §16.1 Pr•or' In the event • ••n' 1 - - oAthe provisions of• • any of the followi g, _•1 . 1i#121.01;(111-7 shall be from the highest priority t. t 1• e a The Act r . (b) The Decla - on j (c) The Artic- - A," �1 (d) The Bylaws ��, (e) The rules a •(y-, lations 41E Cl 'R1 C Page 29 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "CH Bylaw PCC/a5iBB8 Yi. 4 G -.1 ,w Y Y_ • 3 x 1 • 00135 ►f 000256 PAVILION CLUB eONDD IUM ASSOCIATION, LNUIirk s �- BYLAWS • ARTICLE XVII INDEMNIFICATION §17.1 Indemnification. Every person serving as an officer or director of the As- sociation shall be indemnified by the Association against all ex- penses and liabilities, including reasonable attorneys' fees in- curred and imposed in connection with any proceedings to which such. person may be a party, or in which such person may become involved by reason of being or having been an officer or director of the association, whether or not such person is an officer or director at the time the expenses are incurred. Any person serv- ing as an officer or director shall not be indemnified if such person is adjudged guilty of gross negligence or willful miscon- duct or is adjudged to have breached their fiduciary duty to the members of the Association. The Association shall not be liable, however, for payment of a voluntary settlement unless it is first approved by the Board. The foregoing rights shall be in addition to and not exclusive of all other rights to which the officer or director may be entitled. ARTICLE XVIII DEFECTIVE CONDOMINI• =•••:•-: CURATIVE PROVISIONS §18.1 u a V. �i js. •1s•U�T� The Associatio o - "•er ma pe' ti•n the circuit court having jurisdiction in t n y - :re a ondominium property is located to corr. t . . ; o i the Declaration or any other document- 77.11V.1':r t e Condominium, af- fecting its valid .xi-.nc., d ; 1 e x• s or omissions are not correctable by . .,.e .”,:,. -• =ce•., .-s A the declaration or • in the Act. In an se, after th-=e 3) >-rs from the filing of the Declaration, shall be de-r .• o • effective under the Act to create a con. nium, wheth''• • '=ct it substantially complies with the man..-to. requiremen the Act or not. TILE C1v Page 30 of 32 pages. DECLARATION OF CONDOMINIUM EXHIBIT "Co Bylaw•-FCC/051B8H 1 • j I • S 001356 000257 (�❑� `' PAVILION CLUB C044/0141NhU11 ASSOCIATION, INC.'"J BYLAWS 1tt, /ARTICLE XIX AMENDMENTS §19.1 Amendments. Amendments to these Bylaws shall be proposed and adopted in the following manner: §19.2 Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which the proposed amendment is to be considered. 1 §19.3 Adoption. An amendment may be proposed either by a majority of the Board or by Members holding not less than ten percent (10%) of the voting interests. The amendment shall be adopted if it is approved either by: (a) Members holding not less than sixty-seven percent (67%) of the vcting interests and by not less than sixty-seven percent (67%) of the Board; or (b) by the Members holding not less than eighty percent (80%) of the voting inter- ests. §19.4 • ita C No amendment sh• t:••e made that i- onflict with the Act or the Declaration or ticl- , n••r -hall any amendment abridge, alter or a,en• ig. s •f the ,ev-loper or mortgagees of units without th-i. §19.5 R- • d 0 V A copy of each - .-ndment shall• •e :t•- ed to a certificate certifying that the • dment was d d•• .d as an amendment of the Declaration and s. The certi shall be executed by the president or vices• dent and a =d by the secretary or assistant secretary of + - - •• h the formalities of a deed. The amendment shal - when the certificate and copy of the amendment are re • •-• in the public records of the county where the Condo;ainium is located. Page 31 of 32 pages. DECLARATION OP CONDOMINIUM EXHIBIT "C" Byl•w•.YCC/051888 • • • • • fur t' 00135 ►} 000258 PAVILION CLUB CONDOM81XiM ISOCIATION, INC. P),GE BYLAWS §19.6 Format. 4I/1 Proposals to amend existing Bylaws shall contain the full text of the Bylaws to be amended. New words shall be underlined and words to be deleted ,shall be lined through with hyphens. If the proposed change is so extensive that this procedure would hinder rather than assist understanding, a notation must be in- serted immediately preceding the proposed amendment saying "SUBSTANTIAL REWORDING OF BYLAW. SEE BYLAW NUMBER FOR PRESENT TEXT." §19. Amendment by Implication. These Bylaws shall be deemed amended in those particulars as may be required to make them consistent and in compliance with the provisions of the Act, as it may from time to time be amended. ARTICLE XX CONSTRUCTION §20.1 Construction. Whenever the context permits or requires, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be deemed to include all genders. The foregoing were ado. - the Bylaws of Pavilion Club Condominium Association, 000aday of May, 1988. 1 lk P at CLUB CO I UM ASSOCIATION, INC. otoreit n _E President • rl t ATT ST: 1 y (COR•••-•E SEAL) a_ •I. • .., Secretary f/E CjW , Page 32 of 32 pages. DECLARATION OV CONDOMINIUM EXHIBIT "Co B.1iba PCC/OS1i1N•. rr OOi„�I,�Vin.•y CO(I!ER(-0t`N..^ aaso! J,i%LSA 7Y.FLORIDA •cS iLP4 5 - ( :t ! • • • 1 2016 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#N27192 Mar 29, 2016 Entity Name: PAVILION CLUB CONDOMINIUM ASSOCIATION, INC. Secretary of State CC4631700653 : .Current Principal Place of Business: 806 GULF PAVILION DR. NAPLES, FL 34108 Current Mailing Address: 806 GULF PAVILION DR. NAPLES, FL 34108 US FEI Number: 65-0058920 Certificate of Status Desired: No Name and Address of Current Registered Agent: ADAMCZYK,MARK E. ESQ. 5644 TAVILLA CIRCLE SUITE 207 NAPLES,FL 34110 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: MARK E.ADAMCZYK 03/29/2016 ' Electronic Signature of Registered Agent Date Officer/Director Detail : Title VP Title P Name MCCALL,JENNIFER Name ADAMO,GLENN Address 7156 HERTFORDSHIRE WAY Address 33 IVANHOE DR. City-State-Zip: VICTOR NY 14564 City-State-Zip: MANALAPAN NJ 07726 •Title TD Title SD Name SUPPLE,DAVID Name LOISI,JUDITH Address 66 WILSON AVE. Address 810 GULF PAVILION DR #203 City-State-Zip: ROWAYTON CT 06853 City-State-Zip: NAPLES FL 34108 Title VP Title ATD Name HANTEN,HENRY Name JOHNSTONE,DOLORES Address 408 KNOLLWOOD DR. Address 876 GULF PAVILION DR#103 City-State-Zip: HUDSON WI 54016 City-State-Zip: NAPLES FL 34108 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath,that lam an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:GLENN ADAMO PRESIDENT 03/29/2016 Electronic Signature of Signing Officer/Director Detail Date • • • Q 1-7 c 4 -0 v.. p -,t s �' c -a 0 vroi 4 P tcv ami x 5 cc aq A •- $ z 43 m a _ � a as o.L, m to c I- c Qa p c IQ 0c' o . -zv 0s a) 0 ,' U) u U 7 O d.-� -a ° _� • a.5 a t v c"- 12 ` cv ii 2 $ � a � 85n'� '5 z 6 ui c c .0 Qy LrN � VI O O. O. m +. ." ... N gi. U 1° i t (r) , 0 . 2 E n as c •c L CV c ` w ;y a > � 7 7 0 U1 b ! c co e 0 • "i � mca2 �� tb .gam c F. N c may=' ▪ .0 uic — v m a - > v c ° a ad g �, °' a a < ft- Q. l'"' 0 °I Cl= -5• C 0 r u) bi a - si i .- 7:-, G at) io, ,i) 0. & 11. Lui NcCOG ... ��6ic7Qt} coCC () ' c mi cA a r c � � � � a s. � ro .«. 0 .2 w N o 20 = a) ? 2 .12.4. C ,a) q q •t, .= +. .-b- tu I .6 i) -0 'a S2 NI 0 0 ' .... _._ a) . • cl) M ; ---,- (SarIA §La 2 2 V 8 :i .., ,03 --- -a ':g 42 ro O .s - i_ • v .c c c C c`� q E, I.. 0 ops - co al � F�- - .c �33.., ......' gs 4 w0. d a{ a-0 ` ac. q .c ro co Ix it a g i,ii) cowloals 0) o ro 14 . . . . . • co N N 0) n Q Co (gr County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations 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. _ ... .._ _ _. _., .. . ..._. _..s PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) O BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) O PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) • ❑ RZ(Standard Rezone) ❑' OTHER Insubstantial Change to PUD LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Pavilion Club, A Condominium S 33 T 48 R 25 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) Please see attached Exhibit 1 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) Gulf Pavilion Drive • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Pavilion Club PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) • SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# J Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in,condominium documents(if application; indicate whether proposed or existing) Pavilion Club Please Return Approved Checklist By: E] Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 239.947.1144 Email/Fax: sumpenhour@gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. • - FOR STAFF USE ONLY Folio Number See Attached Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Zwv `� _ Date: 3/24/2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • Pavilion Club PUD Exhibit 1 - Folio Numbers ParcellD Namel StreetNumber FullStreet SubDivisionCondoNumber • 66195000027 MARGARET A DUFFNER TRUST 810 GULF PAVILION DR 538900 66195000043 ADAMO,GLENN R&VALERIE 810 GULF PAVILION DR 538900 66195000069 EATON II,RICHARD L 810 GULF PAVILION DR 538900 66195000085 ANDREWES,CHARLES G 810 GULF PAVILION DR 538900 66195000108 BREEN,GERALD T&KATHLEEN V 810 GULF PAVILION DR 538900 66195000124 PRESTON,EUGENE F&KATHLEEN 810 GULF PAVILION DR 538900 66195000140 JUDITH A LOIS!DEC OF TRUST 810 GULF PAVILION DR 538900 66195000166 BRAUCH,ROLF&IRMGARD G 810 GULF PAVILION DR 538900 66195000182 BORJON TR,YOLANDA V 815 GULF PAVILION DR 538900 66195000205 DAGGETT,ROBERT&CHRISTY 815 GULF PAVILION DR 538900 66195000221 KENNEDY,WILLIAM P&RENEE Q 81S GULF PAVILION DR 538900 66195000247 RAID,CHARLES&ROSE P 81S GULF PAVILION DR 538900 66195000263 SUELLA ANN NELSON TRUST 815 GULF PAVILION DR 538900 66195000289 BRUNNER,JEFFREY N&SANDRA M 815 GULF PAVILION DR 538900 66195000302 REHAK,JOHN&DOROTHY 81S GULF PAVILION DR 538900 66195000328 DELLIGATTI,LEONTINA 81S GULF PAVILION DR 538900 66195000344 JENNIFER A MCCALL LIV TRUST 81S GULF PAVILION DR 538900 66195000360 PEDERSEN,ARTHUR P 81S GULF PAVILION DR 538900 66195000386 MUEHLHAUSEN,DANIELLE 815 GULF PAVILION DR 538900 66195000409 5IDELLA,LISA M 81S GULF PAVILION DR 538900 66195000425 FACCONE TR,GEORGE 816 GULF PAVILION DR 538900 66195000441 LEVELL TR,GENE&SUE K 816 GULF PAVILION DR 538900 66195000467 W J&S L FENNESSEY LIV TRUST 816 GULF PAVILION DR 538900 66195000483 FORSZPANIAK,CHRISTINE S 816 GULF PAVILION DR 538900 66195000506 ZENTGRAF TR,HENRYI&KAREN W 816 GULF PAVILION DR 538900 66195000522 GAK05,SOPHOCLE5&XENIA 816 GULF PAVILION DR 538900 66195000548 GHAZARIAN,ANAHID H 816 GULF PAVILION DR 538900 66195000564 WELLS,NICHOLAS&JILL 816 GULF PAVILION DR 538900 1 66195000580 SUPPLE,DAVID R&DEANNA M 821 GULF PAVILION DR 538900 0 66195000603 NINCHICH,JELICA 821 GULF PAVILION DR 538900 66195000629 FACCONE TR,GEORGE 821 GULF PAVILION DR 538900 66195000645 MOUNTFORD JR,WILLIAM E 821 GULF PAVILION DR 538900 66195000661 KULAS,CHESTER S&GERALDINE F 821 GULF PAVILION DR 538900 66195000687 LANDOLFI,VITO&MARIETTA 821 GULF PAVILION DR 538900 66195000700 OEFFL,ERIKA&HANS 821 GULF PAVILION DR 538900 66195000726 DOUSSON,BRENDA 821 GULF PAVILION DR 538900 66195000742 CAVACINI,DAVID M&MICHELE R 821 GULF PAVILION DR 538900 66195000768 MICHAELS,TODD T 821 GULF PAVILION DR 538900 66195000784 WILLIAMS TR,KENNETH 821 GULF PAVILION DR 538900 66195000807 MORRIS,ALBERT H 821 GULF PAVILION DR 538900 66195000823 MATTEO REV LIV TRUST 822 GULF PAVILION DR 538900 66195000849 MESNA,LELAND 5&ALICE M 822 GULF PAVILION DR 538900 i 66195000865 CHANDAN TR,ANUPAMA 822 GULF PAVILION DR 538900 66195000881 QUIGLEY REALTY TRUST(FL) 822 GULF PAVILION DR 538900 66195000904 GRADY INVESTMENT CO L P 822 GULF PAVILION DR 538900 66195000920 ANDREWS,DONALD V&SHARON A 822 GULF PAVILION DR 538900 66195000946 MITCHELL,LEWIS&SYBIL 822 GULF PAVILION DR 538900 66195000962 VICAR!,DAVID L&FRANCES A 822 GULF PAVILION DR 538900 66195000988 HEINE,DAN 828 GULF PAVILION DR 538900 66195001000 PETERSEN LIVING TRUST 828 GULF PAVILION DR 538900 66195001026 MCCORMACK,TIMOTHY W 828 GULF PAVILION DR 538900 66195001042 MARILYN M MILLER TRUST 828 GULF PAVILION DR 538900 66195001068 LARKIN,FRANK MARTIN 828 GULF PAVILION DR 538900 66195001084 JEAN R ECKERT REV TRUST 828 GULF PAVILION DR 538900 66195001107 KANGAS,ARLEN ROBERT 828 GULF PAVILION DR 538900 66195001123 661R TR,WILLIAM J&RANDI M 828 GULF PAVILION DR 538900 66195001149 REED TR,MARY E 828 GULF PAVILION DR S38900 66195001165 LARKIN,LINDA 5 828 GULF PAVILION DR 538900 • 66195001181 LARKIN,LAWRENCE B&CLAIRE A 828 GULF PAVILION DR 538900 66195001204 CRETARA,ELIZABETH ANN 828 GULF PAVILION DR 538900 Ira CraliyMii10P Page 1 of 3 CMI Engineers.•Land Suttircorc•Planners•Landscape filtc'Is n Pavilion Club PUD Exhibit 1 - Folio Numbers 66195001220 5ANCILARDI JR,MICHAEL&KIM 834 GULF PAVILION DR 538900 66195001246 EDWARDS,JANET 834 GULF PAVILION DR 538900 • 66195001262 IVANCICH,STAN 834 GULF PAVILION DR 538900 66195001288 GROSS,JARED M 834 GULF PAVILION DR 538900 66195001301 STRAUSS,RICHARD&SUSAN 834 GULF PAVILION DR 538900 66195001327 SALVI,MYRA 834 GULF PAVILION DR 538900 66195001343 JOAN M SCHALLER TRUST 834 GULF PAVILION DR 538900 66195001369 BOLIVAR,JOANNE GONZALEZ 834 GULF PAVILION DR 538900 66195001385 W J&RT BARR FAMILY TRUST 840 GULF PAVILION DR 538900 66195001408 PINDER,MICHELLE R 840 GULF PAVILION DR 538900 66195001424 METZGER,RICHARD B 840 GULF PAVILION DR 538900 66195001440 PLE5CIA,JOSEPH&KAREN E 840 GULF PAVILION DR 538900 66195001466 HOEHN,MARK&SANDRA 840 GULF PAVILION DR 538900 66195001482 HORNE,KATHARINE 0 840 GULF PAVILION DR 538900 66195001505 LE55ARD,DANIEL H&LINDA M 840 GULF PAVILION DR 538900 1 66195001521 CHAU,WING F&51U F 840 GULF PAVILION DR 538900 66195001547 CALHOON II,THOMAS F 845 GULF PAVILION DR 538900 66195001563 CENCI,GIU5EPPI&CLARA 845 GULF PAVILION DR 538900 66195001589 ECKERT,JOHN E&CAROLE F 845 GULF PAVILION DR 538900 , 66195001602 EDWARDS TR,MALCOLLM&SUSAN 845 GULF PAVILION DR 538900 66195001628 ZADE,CHARLES&TERESA 845 GULF PAVILION DR 538900 66195001644 COVINO TR,ANTOINETTE 845 GULF PAVILION DR 538900 66195001660 MIT515,ANDREW G 845 GULF PAVILION DR 538900 1 66195001686 OHISSON,MARIE 845 GULF PAVILION DR 538900 66195001709 COU55EIROUX,GERARD P 845 GULF PAVILION DR 538900 66195001725 PRICE,PAUL H&EUGENIA J 845 GULF PAVILION DR 538900 66195001741 MCGILLIVRAY FAM IRREV TRUST 845 GULF PAVILION DR 538900 66195001767 DE5CHAINE,DONALD&JOAN 845 GULF PAVILION DR 538900 66195001783 GAKOS,NICK&CYNTHIA 851 GULF PAVILION DR 538900 66195001806 NIEBYLSKI FAMILY TRUST 851 GULF PAVILION DR 538900 ' 66195001822 MARIA,LLC 851 GULF PAVILION DR 538900 III 66195001848 STARZ,INGEBORG 851 GULF PAVILION DR 538900 66195001864 STEPNEY,JOHN CC&DIANE H 851 GULF PAVILION DR 538900 66195001880 SERIE,WAYNE M&MARY E 851 GULF PAVILION DR 538900 66195001903 JACKSON,ALAN ERNEST 851 GULF PAVILION DR 538900 66195001929 BOYDEN K BROWN TRUST 851 GULF PAVILION DR 538900 66195001945 SACCO TR,LELA MAE 864 GULF PAVILION DR 538900 66195001961 PETER J LOOK TRUST 864 GULF PAVILION DR 538900 66195001987 CANUEL,DAVID E 864 GULF PAVILION DR 538900 66195002009 MELLEY,CHRISTOPHER A 864 GULF PAVILION DR 538900 66195002025 MARIE A AMONT REV TRUST 864 GULF PAVILION DR 538900 66195002041 PARK TRUST 864 GULF PAVILION DR 538900 66195002067 DONOFRIO,ANTHONY J 864 GULF PAVILION DR 538900 66195002083 PARISE,MARC R&MARGARET M 864 GULF PAVILION DR 538900 66195002106 RAND,DORIS JEAN 870 GULF PAVILION DR 538900 66195002122 MCSWEENEY,FREDERICK W 870 GULF PAVILION DR 538900 66195002148 PLESCIA,JOSEPH&KAREN E 870 GULF PAVILION DR 538900 66195002164 ZAMBETTI,FRANCIS X&LINDA D 870 GULF PAVILION DR 538900 66195002180 ZARRELLI,ANNETTE 870 GULF PAVILION DR 538900 66195002203 CARTWRIGHT,HEATHER L 870 GULF PAVILION DR 538900 66195002229 GOBBI,JOHN C 870 GULF PAVILION DR 538900 66195002245 BETTY A ADGATE TRUST 870 GULF PAVILION DR 538900 66195002261 DELLA-TORRE ET AL,PA5CUAL 876 GULF PAVILION DR 538900 66195002287 NOONAN,EILEEN LUTZ 876 GULF PAVILION DR 538900 66195002300 JOHNSTONE TR,DOLORES 876 GULF PAVILION DR 538900 66195002326 REGINO,STEVEN J&ROZANNE P 876 GULF PAVILION DR 538900 66195002342 BORIS&ALLA KHLYAVICH TRUST 876 GULF PAVILION DR 538900 66195002368 CHANLER,WAYNE 876 GULF PAVILION DR 538900 66195002384 FELTEN,KARL H&ELLEN EWALD 876 GULF PAVILION DR 538900 66195002407 CERULLI JR,VICTOR L&ATHENA 876 GULF PAVILION DR 538900 el 66195002423 MCCLUNE,RICHEL L 876 GULF PAVILION DR 538900 El Grady'1inor Page 2 of 3 Citil t ngtncrrs•Land %e)e Sa rrn•Planners•landscape Arrhllecl Pavilion Club PUD Exhibit 1 - Folio Numbers 66195002449 JONES,ALAN E 876 GULF PAVILION DR 538900 • 66195002465 ORDINARIO,MARIFE C 876 GULF PAVILION DR 538900 66195002481 CARIATI FAMILY PARTNERSHIP 876 GULF PAVILION DR 538900 66195002504 ROBERT F YOUNG REV TRUST 881 GULF PAVILION DR 538900 66195002520 GIOVANNIELLO FAMILY TRUST 881 GULF PAVILION DR 538900 66195002546 PANTANO,SEBASTIAN A 881 GULF PAVILION DR 538900 66195002562 HAGGERTY,JOHN W 881 GULF PAVILION DR 538900 66195002588 WEIR,JAMES P&CATHERINE M 881 GULF PAVILION DR 538900 66195002601 881 GULF PAVILLION DR 881 GULF PAVILION DR 538900 66195002627 BASCETTA,JAMES &MARIA C 881 GULF PAVILION DR 538900 66195002643 GOAR&5ONS INC 881 GULF PAVILION DR 538900 66195002669 DEAN,BRENDA 887 GULF PAVILION DR 538900 66195002685 BETTIKER TR,JANET L 887 GULF PAVILION DR 538900 66195002708 JUDITH A LOISI DEC OF TRUST 887 GULF PAVILION DR 538900 66195002724 GOJKOVICH,ANNE M 887 GULF PAVILION DR 538900 66195002740 PACANOV5KY TR,GEORGE 887 GULF PAVILION DR 538900 66195002766 BE55ENAY,JACQUES&CLAUDE 887 GULF PAVILION DR 538900 66195002782 TAIARIOL,GARY&DENISE 887 GULF PAVILION DR 538900 66195002805 SHIRLEY,WILLIAM E&CAROLYN L 887 GULF PAVILION DR 538900 66195002821 LAURIA TRUST 893 GULF PAVILION DR 538900 66195002847 CALCAGNI,JAMES P&DEBORAH 893 GULF PAVILION DR 538900 66195002863 ZUKOWSKI,EDWARD&JOAN M 893 GULF PAVILION DR 538900 66195002889 WUHRER,ANDREW 893 GULF PAVILION DR S38900 66195002902 TEDESCHI,GUDRUN J 893 GULF PAVILION DR 538900 66195002928 STEINBRENNER,CARLY 893 GULF PAVILION DR 538900 66195002944 5ALVI,MARK 893 GULF PAVILION DR 538900 66195002960 ATKISON LIVING TRUST 893 GULF PAVILION DR 538900 66195002986 HANK HANTEN LLC 898 GULF PAVILION DR 538900 66195003008 RADT,DARRYLJ&CONNIE 5 898 GULF PAVILION DR 538900 66195003024 JANES,CHARLES W&CHERYL H 898 GULF PAVILION DR 538900 • 66195003040 LARRABEE,JOHN F&JEAN G NOCCO,GINA PIRONI 898 GULF PAVILION DR 538900 66195003066 898 GULF PAVILION DR 538900 66195003082 TAYLOR,CLEMENT 5&JEWELL.' 898 GULF PAVILION DR 538900 66195003105 FORBES,STANLEY M&D ANGELICA 898 GULF PAVILION DR 538900 66195003121 ARIGANELLO,BRUNO M&NANCY E 898 GULF PAVILION DR 538900 I • ©(3radyMinor Page 3 of 3 Civil Engineers•Land Surnr}nrs•Planners•Landscape AlrI Eerie Y n _ mz u,Y ir• 4111140, 4FIF s' ill, & « a • N U a nal. 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R v t sR A r b^ Q' r b C i. 0 t b r 0 4 to a Ai b F" rn o w a • = U N •R r8 W a o ti 1-1 U r r s a N m e b r 0* ✓ w ra cn R :i O ✓ N w + i • ` C U _0 • 1 1 a _— . R s R a>3) I,, •O O 0 Q e R • • t ONI, x w {rte Mrd N Jc0 in �7��'(,�y . r T; = Cl) r b CI) b N VCC S #CI e ClI ._. _ f « �.Y1J U / �V/ CD 00 Ol R 4�j ri a t-- co Ol , • 0 * . eg s , • bLSM Ar. 7 • m CO- Q d N N t t - a.=:-i. j CO ICI GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects • April 25, 2016 Mr. Mark Strain Collier County Hearing Examiner 2800 Horseshoe Drive North Naples, FL 34104 Re: Pavilion Lake PUD Dear Mr.Strain: We respectfully request a waiver from the requirement to hold a Neighborhood Information Meeting (NIM) for the above-mentioned PUD Insubstantial Change application. The proposed request is a minor change to increase the wall height from six feet to eight feet. The modification will not have any impact on adjacent properties internal or external to the project. Please contact me if there are any questions regarding these submittals. • Sincerely, Al D.Wayne Arnold,AICP c: Via email Pavilion Club Condominium Association,Inc. GradyMinor File Q.Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-03750 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com AFFIDAVIT OF COMPLIANCE • Petition P1.20160000927—Pavilion Lake PUD I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning,PUD amendment,or conditional use,at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are • hereby made a part of this Affidavit of C•ean•- if it it r, (Signature of Applicant) State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 5th day of July 2016 by Sharon Umpenhour, who is personally known to me or as identification. (S _ - .f Notary P l..lic (Notary Seal) Joanne Janes Printed Name of Notary JOANNE JAMES * �_ * MAY COMMISSION OF 090820 EXPIRES:March 14,2018 'iztoFcti goaded Tin Budget Notary Serval I - GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects . July 1, 2016 RE: Neighborhood Information Meeting Petition PL20160000927—Pavilion Lake PUD Dear Sir or Madam: A formal application has been submitted to Collier County, seeking approval of an Insubstantial Change to a Planned Unit Development (PUD), by Pavilion Club Condominium Association, Inc., represented by D.Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A.,for the following described property: The subject property is comprised of approximately 15.67± acres, located on the west side of Tamiami Trail North (U.S. 41), directly north of the Pavilion shopping center in Section 33, Township 48 South, Range 25 East,Collier County, Florida. Pavilion Club Condominium Association, Inc. is asking the County to approve this application to allow minor changes to the PUD document, which would revise language to increase the • perimeter wall height from six feet to eight feet. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the public of the proposed changes to the subject property. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Wednesday,July 20, 2016, 5:30 pm at the Pavilion Club Clubhouse,806 Gulf Pavilion Dr,Naples, FL 34108. If you are unable to attend this meeting and have questions or comments, or if you have questions prior to the meeting, they can be directed by e-mail, phone, fax or mail by July 20, 2016 to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A.,3800 Via Del Rey, Bonita Springs, Florida 34134. Sincerely, Sharon Umpenhour Senior Planning Technician Q. Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-03750 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com re, 7,4 ,� 'rc - 116:019.1„„6,:1111 " ® sr®o SA 1:: s7,9wIt . FR imI 0 401110, P el ri is g � t�P�=/h n. laim DS al 1 i, 1 2 :( Al 1[ Orklif 1‘,L ...' i EV a 1 la - I 1 1 ,Z.; 1111 Nia U lull ii!iLMI!illIIUiI ' Alpo a� EON REq SINIon .81 MEI gum WIEN ERE: r`gam csii n.. d A CV sin nom,�� gS_ ®® d �� Q9in ..C1. 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O co € V)CZ I PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING PETITION PL20160000927 — Pavilion Lake PUD The public is invited to attend a neighborhood meeting held by D.Wayne . Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Pavilion Club Condominium Association, Inc. on: Wednesday, July 20, 2016, 5:30 pm at the Pavilion Club Clubhouse, 806 Gulf Pavilion Dr, Naples, FL 34108 The subject property is comprised of approximately 15.67± acres, located on the west side of Tamiami Trail North (U.S. 41), directly north of the Pavilion shopping center in Section 33, Township 48 South, Range 25 East, Collier County, Florida. \ 'J 111th AVE N Immokalee RD o y o to '(� 3. co co co 73 O • Vanderbilt Beach RD PROJECT LOCATION Pi YeF I S Pavilion Club Condominium Association, Inc. is asking the County to approve this application to allow minor changes to the PUD document, which would revise language to increase the perimeter wall height from six feet to eight feet. Business and property owners, residents and visitors are welcome to attend the presentation. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. If you have questions or comments, they can be directed by mail, phone, fax or e-mail by July 20, 2016 to: Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A., • 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 Fax: 239.947.0375 sumpenhour@gradyminor.com No.1157773 July 3.2016 el C o .n 1 41111 O .c cu E y a uA C >. V .k r H N Q cu di c N O .j T r ami O o d _, '_ `l `U N • co co ++ - . "" 7 w ua ai ' v, t co i c c 2 © 1 _•, f c� - 13 u d W .cY ,�}h ` _,t Q > in La 0a C . 1 -c - L.,-si u - to ZD -Q33a� aCi r .L ` cW N - a .- d .. fXjt W a O r) icy r =_.-, :} ° 61 ` ! Cicvy Z FN .l n V Ce LIS l v a+ O eo - ' ' J vvv , r Ll I Ny(,� > 3 > . 0 ` y r L-, n C O M �J Q 'O L +-' _ `'J L v3 C Q C F ` ` Z cs N iii. a 01 > u ti _ 'ea 14 ' s -cam (J iii W ; N a c al3 L L OJ 0. Q •— o w o i. m t', aait _ ll_�� = R = 3 V O a c 0Q V 10 4JMI 1- t xZCD N CO LQ ns °E c O - -" ' -aa La c C £ s Z = -\\J N A .... .2-1,..4..„,--c—, :1) A cu .c • X, Y C 00 ~ c aa)) di N _ _ _ Z • 2 3 4 TRANSCRIPT OF THE 5 NEIGHBORHOOD INFORMATION MEETING 6 FOR PAVILION LAKE PUD 7 JULY 20, 2016 8 9 10 11 12 Appearances : 13 WAYNE ARNOLD 14 FRED RIESCHL 15 SHARON UMPENHOUR 16 17 18 19 20 21 22 23 24 25 • 1 MR. ARNOLD: All right . Good evening, 2 everybody. It' s about 5 :35 . 3 I 'm Wayne Arnold with Grady Minor Engineering. 4 This is Sharon Umpenhour, who is recording the 5 meeting. The county requires us to do either a 6 verbatim recording of the meeting or videotape it . 7 We usually choose to have it video -- we audiotape 8 it and then we have a transcription service go 9 ahead and type it out so there' s a word-by-word 10 transcript that we can provide to the county and, 11 in this case, the hearing examiner. 12 Fred Reischl, someone you met. Fred works for 13 Collier County government. He' s the planner • 14 assigned to handle this case through the process 15 for the county. So if you have some technical 16 questions or whatever, Fred, you know, can 17 certainly be here to assist, but it' s our meeting, 18 it' s the community' s meeting to share information 19 with you. 20 So this is a required part of the process . 21 And we ' re in what' s considered an insubstantial 22 change to your PUD, which is your planned unit 23 development . And, in essence, what we' re really 24 changing are things related only to your fence 25 height requirements that are currently specified in • 1 that PUD document. • 2 Right now, it has language that talks about a 3 maximum six-foot high fence or wall. We' re asking 4 for that to be changed to a maximum of eight feet 5 in two areas that are specified in the PUD 6 document. 7 And then we added the deviation to be safe 8 because the code normally doesn' t allow a 9 residential project to have an eight-foot high 10 wall. So you' re asking for sort of a deviation. 11 I think -- we did it out of an abundance of 12 caution. That way -- I mean, we had the prior 13 specified six feet that we were simply changing to 14 eight, but we went ahead and added the deviation • 15 rather than show up at a hearing with the hearing 16 examiner to say, hey, why didn' t you ask for this 17 deviation, go back and ask for one . So we included 18 it. And it may drop out. It may not. 19 So, anyway, you all are all residents here, so 20 you know what your project looks like . These are 21 the areas that your board voted to go ahead and 22 install the wall, everything that' s in orange. 23 It' s not in the exact location, but it shows the 24 perimeters in which you want to put the eight-foot 25 wall . III 1 • 1 And so we created that exhibit just for 2 informational purposes if somebody from Beachwalk 3 or 91st came along and wasn' t quite clear. 4 And, you know, the process is we hold a 5 neighborhood informational meeting. Staff, I don' t 6 think, has any sufficiency questions or comments, 7 really. That ' s part of the process . 8 We should get scheduled for the hearing 9 examiner, I don't know how long that ' s going to be. 10 Fred, you may have an idea. That' s probably six 11 weeks from now, at least? 12 MR. REISCHL: Yeah. First, the hearing 13 examiner will talk to the commissioner from this 14 district. 15 MR. ARNOLD: Right. 16 MR. REISCHL: Which I believe is Commissioner 17 Hiller. 18 MR. ARNOLD: Correct. 19 MR. REISCHL: I don' t know if she' s in town 20 right now. I know she' s running for election. 21 MR. ARNOLD: Uh-huh. 22 MR. REISCHL: But, you know, he has to -- he 23 has to talk to her. She may decide to put it on 24 the regular agenda. I don' t see why, but that 25 still is a possibility. • 1 MR. ARNOLD: Right. And that typically -- • 2 it ' s a courtesy. I don't think it ' s really a 3 requirement, but as a courtesy, the hearing 4 examiner talks to the district commissioner for 5 wherever the project is, just to get a feel for it, 6 because if this had an angry mob of people in it, 7 for instance, the hearing examiner very likely 8 could have said the hearing examiner shouldn' t hear 9 this, let ' s send this through the Planning 10 Commission and on, potentially, to the Board of 11 County Commissioners for consideration so there' s 12 more public notice input and, you know, a different 13 body would review it . 14 Obviously, in this case, I think it seems like • 15 you all are probably supportive of your internal 16 request to have the fence height increased. 17 I had copies that, Mike, you had sent me, I 'm 18 sure all of you have circulated internally that 19 you' re looking at different precasts . And the 20 exact style and everything hasn' t been decided as 21 far as I know, but the one thing that, you know, 22 was mentioned, you know, we have a really tight 23 area between 91st and your parking lot. So that ' s 24 something between your sign contractor and you all, 25 whoever is going to manage it internally, you know, • • 1 would have to be aware of how that' s going to work 2 without impacting your drive (indiscernible) . 3 UNIDENTIFIED MALE VOICE: That ' s the buffer 4 zone (indiscernible) ? 5 MR. REISCHL: Pardon me? 6 UNIDENTIFIED MALE VOICE: The buffer zone you 7 talked (indiscernible) . 8 UNIDENTIFIED MALE VOICE: To expedite, 9 Hiller' s decision -- 10 MR. ARNOLD: Uh-huh. 11 MR. REISCHL: -- can we write or call her? 12 MR. ARNOLD: You certainly could. Anybody 13 from the public certainly could. • 14 UNIDENTIFIED MALE VOICE: I know her. 15 UNIDENTIFIED FEMALE VOICE: Take her to lunch? 16 UNIDENTIFIED MALE VOICE: (Indiscernible) 17 privy to her (indiscernible) . 18 MR. ARNOLD: You know, I think simply, you 19 know, whether it' s an e-mail or a phone call, if 20 you choose to do that . But I mean, I think the 21 hearing examiner is going to ask -- sometimes, you 22 know, you contact them, it may seem as though 23 there' s a -- 24 UNIDENTIFIED FEMALE VOICE : (Indiscernible) 25 get mad. • 1 MR. ARNOLD: -- bigger issue than there is, • 2 but that' s certainly up to you all . Feel free to 3 contact her if you wish, but, you know, from our 4 perspective, the hearing examiner is usually the 5 point of contact and we let him do his thing, so. 6 So, from that process, the hearing examiner, 7 presuming it stays with him, he 'll conduct a public 8 hearing that will be publicly noticed. 9 Do we have to put a zoning sign up for this? 10 UNIDENTIFIED FEMALE VOICE: Yeah. 11 MR. ARNOLD: We' ll have to post a zoning sign 12 saying there's going to be a public hearing. 13 He conducts the hearings on a pretty informal 14 basis at his offices on Horseshoe Drive. All of • 15 you certainly would be willing -- you know, able to 16 attend. 17 UNIDENTIFIED MALE VOICE: There' s another -- 18 MR. ARNOLD: Yeah. This is just an 19 informational meeting. This will be a formal 20 public hearing in which there would be testimony 21 taken. He can ask questions of us . He may have 22 questions about, you know, do you need the eight 23 feet for security, do you have ongoing problems . 24 So it ' s probably important for somebody from your 25 association to be present just in case there are • _ I 1 operational questions I 'm not aware of, you know, 2 you can answer them on your behalf. 3 But that process, he takes, by his code, up to 4 30 days to render a decision. I 've never seen him 5 take more than a week, for a normal case, to render 6 his position. And you normally walk out of there 7 knowing whether or not he supports what you' re 8 asking for or not . 9 UNIDENTIFIED FEMALE VOICE: That ' s good. 10 UNIDENTIFIED MALE VOICE: Is there an 11 opportunity to adjust -- 12 MR. ARNOLD: Yes . 13 UNIDENTIFIED MALE VOICE: -- to make it more • 14 palatable? 15 MR. ARNOLD: Yes . Yeah. I mean, he may have 16 questions . And, normally -- it ' s a pretty informal 17 process . He' s, you know, in the same building with 18 Fred, for instance. So, I mean, he may just stroll 19 down the hallway and say, hey, Fred, I was thinking 20 about this project after I made a site visit and, 21 you know, what about this, have you thought about 22 that. Or he may call me and say, hey, Wayne, I 23 went out there and looked at this, have you thought 24 about doing X or Y. 25 UNIDENTIFIED MALE VOICE: Right . • 1 MR. ARNOLD: And then we share that • 2 information with you all and we can either adjust 3 accordingly or we say, sorry, we can't, we 've 4 looked at it and we just can't make any of those 5 accommodations . Or he may say nothing, say I got 6 no problem with this and see you at the hearing. 7 So that' s the way the process works, and it' s 8 -- this process is really a good process, the 9 insubstantial change, because otherwise these minor 10 changes, you know, would take possibly nine months 11 to a year to circulate through the process of 12 having the public hearings before the Planning 13 Commission and the County Commission. 14 So -- yes, sir. • 15 UNIDENTIFIED MALE VOICE : So the earliest the 16 project could be started with approval could be 17 when? 18 MR. ARNOLD: Well, I mean, let ' s say it' s six 19 to eight weeks to get on the hearing examiner' s 20 agenda and then you have to wait for his decision. 21 So we ' re in, let' s say, August -- I 'm guessing 22 September we ' re probably before the hearing 23 examiner. 24 MR. REISCHL: Sometime -- yeah. 25 UNIDENTIFIED MALE VOICE: And then, at that • 1 point, so the hearing examiner says, yeah, I like 2 your plan, I -- 3 MR. REISCHL: He gets 30 days, as Wayne said. 4 Just to give you an example, and I 've never seen 5 him take 30 days, but from the 14th' s hearing, I 6 just got the decisions back this afternoon right 7 before I left . So about a week. 8 UNIDENTIFIED FEMALE VOICE: Oh. Well, that ' s 9 nice . 10 UNIDENTIFIED MALE VOICE: But then we need -- 11 Mike might have spoke about this . I just want to 12 understand that then we need to go to then permit. 13 UNIDENTIFIED MALE VOICE: (Indiscernible) your • 14 building permit. 15 UNIDENTIFIED MALE VOICE: So that takes 16 another -- 17 MR. ARNOLD: Well, for a fence permit, I mean, 18 for this, you probably need some structural 19 calculations for wind loading and the footers and 20 things like that, because you' re going to have a 21 precast system, I 'm sure, and the design is pretty 22 standard. So your fence contractor should have 23 those things readily available. I can' t imagine 24 it' s more than a couple day review for a building 25 permit these days . • _ _ 1 UNIDENTIFIED FEMALE VOICE: Wonderful. • 2 MR. ARNOLD: So it' s probably one of getting 3 on your contractor' s schedule for installation. 4 UNIDENTIFIED MALE VOICE: Right . 5 UNIDENTIFIED FEMALE VOICE: Having everything 6 ready. 7 MR. ARNOLD: Uh-huh. 8 UNIDENTIFIED FEMALE VOICE: Yeah, that' s good. 9 UNIDENTIFIED MALE VOICE: October, November, 10 that time frame? 11 MR. ARNOLD: I would think so. I mean, I 12 don't know why it wouldn' t be unless this gets 13 denied. 14 MR. REISCHL: And I think the building • 15 department -- the building department is on a 16 15-day schedule, I believe . So they' re required to 17 either approve or deny within -- I think it' s 15 18 days . 19 MR. ARNOLD: But I 'm thinking these things may 20 be under like the express permits, Fred. 21 MR. REISCHL: Might be. 22 MR. ARNOLD: Since there' s probably only 23 footer or structural review and then somebody from 24 zoning will check to make sure it ' s consistent with 25 the height under zoning. • • 1 MR. REISCHL: Right . 2 MR. ARNOLD: So there may not be a whole lot 3 of review to it. 4 UNIDENTIFIED MALE VOICE: Yeah. We' re trying 5 -- candidly, we' re trying to back -- back time 6 based on decision making and people coming back . 7 MR. ARNOLD: Sure. 8 UNIDENTIFIED MALE VOICE: When we want to go, 9 because we want everything -- the end result is 10 much better than what we have. 11 MR. ARNOLD: Uh-huh. 12 UNIDENTIFIED MALE VOICE: We' re also trying to 13 figure out work flows and we talked to the people • 14 at Pavilion Shopping Center. They' re very 15 cooperative because they know most of this is going 16 to have to be on their side of the land and they've 17 been very -- they' re amenable to that, so it' s just 18 -- you know, they' re kind of, where are you, where 19 are you, when are you going to get this . 20 UNIDENTIFIED FEMALE VOICE: They just 21 rehabbed, obviously, their whole thing. So they' re 22 kind of -- I 23 MR. ARNOLD: Right . But sometime this fall. 24 I mean, if we have a hearing in September, as we 25 think we might for the hearing examiner, I think • 1 your contractor easily, sometime in October, could 411 2 be ready to go ahead with construction. 3 UNIDENTIFIED MALE VOICE: Does the -- does the 4 -- for example, if this is not a -- an angry mob, 5 so to speak -- 6 UNIDENTIFIED MALE VOICE: Tense? 7 UNIDENTIFIED MALE VOICE: -- that' s, you know, 8 trying to stop it, does that help -- 9 MR. ARNOLD: Yes, it would. I mean, just -- I 10 mean, this indication of, you know, all of your own 11 residents appearing tonight is a pretty good 12 indication that, externally, you' re not going to 13 end up with people at the hearing. It' s rare that 14 you end up with people who don't show up at a • 15 neighborhood information meeting but then would 16 somehow show up at a Planning Commission. 17 UNIDENTIFIED MALE VOICE: Right. 18 MR. ARNOLD: Could happen, but it just -- 19 MR. REISCHL: If I can add -- 20 MR. ARNOLD: Sure. 21 MR. REISCHL: -- just on that to follow up on 22 that. 23 The reason we' re having this neighborhood info 24 meeting, because the hearing examiner does have the 25 authority to waive a neighborhood meeting, he 111 • 1 decided not to waive it because it would have 2 impact on neighbors . So if none of the neighbors 3 showed up, I think that addresses his concern. 4 (Multiple simultaneous speakers . ) 5 UNIDENTIFIED MALE VOICE: I mean, everybody, 6 the vote here was -- the vote carried to pass. So 7 while some may not -- may not like it or might not 8 agree with it, like everything else when you 9 vote -- 10 MR. ARNOLD: Sure. 11 UNIDENTIFIED MALE VOICE: -- the fact of the 12 matter is the vote passed muster, and that ' s why 13 we've, you know, since gone forward. • 14 MR. ARNOLD: Yep. 15 UNIDENTIFIED MALE VOICE: Is it my 16 understanding that we can't sign a contract with 17 the installer until we get final approval? 18 UNIDENTIFIED MALE VOICE: Yeah. 19 UNIDENTIFIED MALE VOICE: When I was talking 20 to him, it was a year ago, they were telling me it 21 was eight to 12 weeks after that before we could 22 start. 23 UNIDENTIFIED MALE VOICE: They said that for 24 the spring -- I mean, for the summer install? We 25 had a conversation with them and I think they said • 1 it ' s four -- it' s four to six, but I think what • 2 we ' ll try to do is if we get a sense at the next 3 meeting or, you know, whenever it is, if we get a 4 sense that it ' s looking pretty positive, we could 5 -- we could basically -- we 've already gone through 6 two tracks, one the six foot and one combination, 7 you know, one eight foot, and we 've gone through a 8 couple of versions with them so that the idea is, 9 depending on how you guys rule, we can adapt. 10 UNIDENTIFIED MALE VOICE: My concern would be 11 the traffic if you get into a November, December 12 time frame . 13 UNIDENTIFIED MALE VOICE: Uh-huh. Oh, yeah, 14 that' s -- we talked about that. • 15 MR. ARNOLD: Anything else for the record? 16 UNIDENTIFIED FEMALE VOICE: I have a question. 17 MR. ARNOLD: Sure . 18 UNIDENTIFIED FEMALE VOICE: I don' t know if 19 it ' s for the record, but on 91st Street, there was 20 buzz in the meeting that because -- that is now not 21 considered residential because there was a light 22 put there. Is that now commercial? 23 MR. ARNOLD: (Indiscernible) . 24 UNIDENTIFIED FEMALE VOICE: I just wanted a 25 little verification on that. 411 I I 411 1 MR. ARNOLD: Obviously, there' s commercial 2 right at the intersection of US 41 and, of course, 3 you have Mercato across the street, but -- 4 UNIDENTIFIED FEMALE VOICE: Right. Because 5 that was the buzz in one -- a couple of the 6 meetings that we -- 7 MR. ARNOLD: No. Everything from this point 8 west is residential. 9 UNIDENTIFIED FEMALE VOICE: Even though 10 there ' s a light? 11 MR. ARNOLD: Correct . 12 UNIDENTIFIED FEMALE VOICE: Okay. 13 MR. ARNOLD: Yeah. And no through movements, • 14 obviously, through -- for Mercato, that was a 15 condition of their zoning (indiscernible) . 16 UNIDENTIFIED FEMALE VOICE : Perfect. 17 MR. ARNOLD: Anything else? 18 UNIDENTIFIED FEMALE VOICE: Easy peasy. 19 MR. ARNOLD: Because we' ll close the hearing. 20 I 'm happy to answer any other questions, but I 21 think, you know, if there' s no other -- 22 UNIDENTIFIED MALE VOICE: Thank you. 23 MR. ARNOLD: -- process questions or 24 something, we' ll just adjourn the meeting and let 25 Sharon -- • 1 UNIDENTIFIED MALE VOICE: Will we have ample • 2 time -- 3 (End of recording. ) 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 • 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that : 5 1. The foregoing pages numbered 1 through 17 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause . 13 3. I am not financially or otherwise • 14 interested in the outcome of this case. 15 DATED: July 22, 2016 16 17 SIGNED AND CERTIFIED: 18 19 `U J ce B. Howell 20 21 22 23 24 25 • SIGN POSTING INSTRUCTIONS • (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1 I 1. The sign(s)must be erected in full view of the public, not more than five(5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. if the sign(s)is destroyed,lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER • BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Sharon Umpenhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE CO I R COUNTY LAM) DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER Ati' I _,I i t 1a' ,c\./ SN L. PUD: Octi , (( 3800 Via Del Rey A i g 0 AP' ANT OR AGENT STREET OR P.O.BOX Sharon Umpenhour Bonita Springs, FL 34134 NAME(TYPED OR PRINTED) CITY,STATE ZIP ft STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 30th day of August ,20.,by Sharon Umpenhour ,personally known to me er who predated as identifieetioer and who did/did not take an oath. 41111M I 4.06141P *Agra& 1,A;pu A.% of No .. Public r°;••;at• J NME JANES ,a ,,,; * MY COhiMISSICN IFF 090O !!I* EXPIRES:Mardi 14,2018 Joanne Janes �'Isom; 00441Ingud4MN*110 Printed Name of Notary Public • My Commission Expires: (Stamp with serial number) Rev.3/4/2015 r.1 •r o 1 rn 00 �� o t/1 ur tt i z;" :- it '''-''g'' gr , t :11-='..4tea 7 $t a L - i F 4 • . - • ,,,,,,,,.;*,,-,,,v,,, O - '. .. •'s ty. j .3 •4 t, r S _ • • i I i.;;:li.k. 4: .-.., ,:-..' , . 7." 4.'' w-- r3 �' [ i . A w SRX KNz FL � f A y y -4;L- 3.1: - 4 r AGENDA ITEM 4-C Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION-ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: SEPTEMBER 22.2015 SUBJECT: ZVL(CUD)-PL20150000188I. FOOD TRUCK PARK COMPARABLE USE DETERMINATION PROPERTY OWNER/APPLICANT/AGENT: Owner: Naples 2.0 LLC 2055 Trade Center Way Naples. FL 34109 Agent: Laura DeJohn, AICP Johnson Engineering, Inc. 2350 Stanford Court Naples. FL 34112 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner(HEX)affirm a determination by the Planning Manager that the proposed use of-food truck park"is comparable and compatible to the other permitted uses in the General Commercial - Bayshore Mixed Use Overlay District - Neighborhood Commercial Subdistrict(C-4-BMUD-NC)zoning district. GEOGRAPHIC LOCATION: The subject site is located in the southwest corner of the intersection of Bayshore Drive and Becca Avenue, approximately one-quarter mile south of Tamiami Trail East. It consists of approximately 0.75 acres. Haldeman Creek lies to the south of the subject property. V'I.4CID)-PL20160mX)ISXI Page 144 Food Trek Park Comparable I se Determination September 22.2016 11LX SURROUNDING LAND USE & ZONING: Subject Site: Undeveloped commercial lots; zoned C-4-BMUD-NC North: Becca Avenue ROW. across which is a single family residence: zoned RMF-6- BMUD-RI East: Undeveloped commercial lots: zoned C-4-BMUD-NC South: Haldeman Creek.across which is a commercial building:zoned C-4-BMUD-W West: A canal off Haldeman Creek, across which is a single family house and a vacant residential lot: zoned RMF-6-BMUD-RI i A'' .0016 ' . . } , , ....., •ject Ilik 4-9 it° Site N4 1 sa I ) D �1 11 1. terial Photo(CI P,4) PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to construct a food truck park in the General Commercial - Bayshore Mixed Use Overlay District - Neighborhood Commercial Subdistrict. The proposed use is consistent with the purpose and intent of the district. However,Staff believes that the Land Development Code(LUC) does not specifically authorize mobile food vendors to operate from a fixed location. The Applicant has cited reasons that food trucks qualify as restaurants in her application. The applicant requested a Zoning Verification Letter—Comparable Use Determination('LVL-CUD) from the Planning Manager. This hearing is to seek affirmation of that opinion (letter dated August 26.2016.see Attachment A)by the Hearing Examiner(HEX). ZVL CtiI))-Pl 201600018g I Page 2 of 4 Food Truck Park t'omparahle Ise Determination September 22.2016 MMX ANALYSIS: The subject site is located in a zoning district that permits restaurants.The Applicant states that the State of Florida regulates both restaurants and food trucks through the Division of Hotels and Restaurants.The food truck park is proposed to consist of pads for food truck parking, infrastructure (including parking,docks,and restrooms)and a bar(as a permanent structure).The obvious difference between a food truck and a restaurant is mobility.The Applicant states that each truck will be required to stay on site for a minimum of 30 consecutive days,allowing the site to function more as a traditional restaurant. Accessory uses to the food truck park include infrastructure such as parking and docking which will be evaluated at the time of Site Development Plan (SDP). Staff also considers the sale of seafood from a docked boat(SIC Code 5421, Seafood Markets)to be an accessory use. Staff analysis finds the proposed bar to be an accessory use.However,if the bar remains open when the food trucks have closed,Staff believes that the bar would no longer be an accessory use and would be required to meet the distance requirements of LDC Section 5.05.01,Businesses Serving Alcoholic Beverages. Staff also recognizes that the Bayshore CRA encourages pedestrian-friendly businesses and human- scale buildings in the Neighborhood Commercial subdistrict;therefore,for the compatibility analysis, Staff has limited the uses to the Bayshore Neighborhood Commercial subdistrict. It is the determination of the Planning Manager that the use of food truck park is comparable and compatible to the other permitted uses in the C-4-BMUD-NC zoning district. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL(CUD)- PL201600001881 on August 30,2016. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the determination of the Zoning Manager that the use of a food truck park is comparable and compatible to other permitted uses in the C-4-BMUD-NC zoning district,subject to the following conditions: 1. Each food truck shall be on site for a minimum of 30 consecutive days. 2. If the bar is to remain open when the food trucks are closed, the site shall be subject to the distance requirements of LDC Section 5.05.01,Businesses Serving Alcoholic Beverages. Attachments: A. Zoning Verification Letters B. Application ZVL(CUD)-PL20160001881 Page 3 of 4 Food Truck Park Comparable Use Determination September 22,2016 HEX PREPARED BY: 1-429- /G FRED R P CHL. AICP. PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: ii RAYMOND V:'BELLOWS,ZONING MANAGER DATE ZONING DIVISION F-3v- ! , MICHAEL BOSI, AICD, DIRECTOR DATE ZONING DIVISION 1\1.iC'1'1)f-P1.20160001881 1'age 4 of 4 Food !ruck Park Comparable t sc Determination September 22.2016 HEX I X Co ger Comity Growth Management Department Zoning Division August 26, 2016 Laura DeJohn, AICP Johnson Engineering, Inc. 2350 Stanford Ct Naples. FL 34112 Re: Zoning Verification Letter ZVI, (CUM-PI-20160001881: Food Truck Court, Bayshore Drive and Becca Avenue, Collier County, Florida, Multiple Folio Numbers Dear Ms. DeJohn: Thank you for your request for a Comparable Use Determination (CUD). The subject property is zoned General Commercial. Bayshore Mixed-Use Overlay District, Neighborhood Commercial (C-4-BMUD-NC). You requested a determination that the use of"food truck park" is comparable with the permitted use in the C-4 district of"eating and drinking establishments". BMUD-NC also permits "bars" and"restaurants". A Zoning Verification Letter, dated April 5. 2016 from Ray Bellows stated that proposed uses are consistent with the purpose and intent statements of both the C-4 and BMUD-NC districts: however,the LDC does not specifically allow mobile food vendors to operate from a fixed location in either district. The Zoning Verification Letter determined that the use of"food truck park" is not a specific permitted use, and recommended a CUD to make that determination. The State of Florida regulates food trucks under the Division of Hotels and Restaurants,indicating that the State considers them to be classified as restaurants. In addition, you have stated that the minimum stay of each truck on the site shall be 30 days,giving a more stable location than a typical mobile vendor. The proposed food truck park may also include the sale of seafood from a vessel moored at the site. This use is classified as Seafood Market(SIC 5421), which is also a permitted use in the C-4 district. 2800 North Horseshoe Drive•Naples, FL 34104•239-252-2400•www colhergov net Based on the research above and in the application, the Planning Manager has determined that the requested use is comparable and compatible to the other permitted uses in the district and is therefore a permitted use. In order to become valid.this determination requires affirmation by the Hearing Examiner Please be advised that the information presented in this verification letter is based on the I,DC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter.such as.but not limited to.concurrency related to the provision of adequate public facilities.environmental impact. and other requirements of the LDC or related ordinances. Should you require further information or have any questions. please do not hesitate to contact me at (2 9)252-4211 or fredreischfikolliergov.net. Researched and prepared by: Reviewed by: Fr eischl. A1C'P. Principal Planner Raymond V. Bellows. Zoning Manager Planning& Zoning Planning& Zoning cc: Anis Moxam. Addressing , „ , , , ,t„, Co T Goi.rnty .., , Growth Management Department Zoning Services Section April 6,2016 David Corban Architect, PLLC Attn: David M.Corban 1042 Sixth Avenue North Naples, FL 34102 Re: ZLTR-PI.20160000519; Zoning Verification Letter for a strip of unimproved and unaddressed properties located on the west side of Bayshore Drive, south of Becca Drive, and north of Haldeman Creek; legally identified as Demere Landing Lots 1 (+1-0.15 acres), 2 (+1-0.15 acres), 3 & 4 (+1-0.29 acres),and 5 (+/-0.15 acres) in Section 11, Township 50 South, Range 25 East,of unincorporated Collier County, Florida. Property ID/Folio Numbers: 29830040004, 29830080006, 29830120005, and 29830160007,respectively. Dear Mr. Corban: This letter is in response to your Zoning Verification Letter Application (ZLTR)dated March 1, 2016, in which seek information with regards to proposed uses for the subject properties; a detailed list accompanied your application(see attached). In brief,you propose a mobile vendor type food truck park with fixed amenities, outdoor seating and permanent shade structures, an open beverage service pavilion (tiki bar), parking, and a marina type facility. Whereas the subject property is located within an unincorporated portion of Collier County, and whereas The Zoning Services Section of the Zoning Division has jurisdiction over zoning and land use issues,the County herewith finds the proposed use to be of such a unique nature that staff can only say that the proposed uses are consistent with the purpose and intent statements of both the C-4 and BMUD-NC districts(see attachments); however, the LDC does not specifically allow all of the proposed uses in either district. Zoning Services Staff is of the opinion that said uses could be approved by means of either pursuing Conditional Use authorization and/or a finding that said uses are comparable to those specifically permitted within the zoning district. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 04-4) as amended; the LDC implements the goals, policies and objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of the LDC, shows the subject property has a zoning designation of General Commercial District(C-4)and is further located within the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Subdistrict (BMUD-NC). As per LDC Section 2.03.07.1.3.b property owners within the BMUD may establish use, densities, and intensities in accordance with the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable BMUD Subdistrict. Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07.D and are of three types(as defined within LDC 1.08.02): • Accessory use or structure: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. 0 it , Zoning Division•2800 North Horseshoe Drive•Naples.FL 34104.239-252-2400•www.coilergov.net Zoning Verification Letter ZLTR-PL20160000319 Page 2 of 3 • Conditional Use: A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area. Location, or relation to the neighborhood. • Principal building,structure,or use: The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out. The following additional terms are also defined within Section 1.08.02 • Marina: A boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include dredge, barge, or other work-dockage or service, boat construction or reconstruction, or boat sales lot. • Restaurant: A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption. For the purposes of clarification and specificity, the LDC incorporates numerical references that are defined within the "Standard Industrial Classification (SiC) Manual — 1987," as published by the Executive Office of the President — Office of Management and Budget; portions of this manual are accessible online via http://www.osha.gov/p1s/imisisic manual.html.The BMUD overlay district does not use the SIC classification system; allowable uses are contained within LDC Section 2.03.07.1.4 Table 1 - Table of Uses for the Bayshore Mixed Use District Subdistricts. In order for staff to render an opinion as to whether or not the proposed uses are allowable, staff must find that there is one or more allowable permitted use(s)and that any unlisted uses are accessory uses that are clearly incidental to and supportive of the permitted use(s). To that end staff has evaluated the information provided and does not agree with the SICs provided by the applicant for the establishment of a"food truck park."The applicant suggests that the food truck use is allowable as SIC 5812 and 5963 are allowable. SIC 5812 -- Eating Places describes establishments primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption; the listing of specific examples includes bars, shops, parlors, counters, and stands, none of which are mobile. SIC 5963 — Direct Selling Establishments — describes establishments primarily engaged in the retail sale of merchandise by telephone, by house to house canvas, or from trucks or wagons or other temporary locations. Historically, the County has applied SIC 5812 to restaurants operating from within a building; SIC 5963 has been used for the actual business office from which a cart or truck is dispatched or operated from, the majority are operated as home occupations. The applicant further provided NAICS (National American Industry Classification System) #722330 which reads: Mobile Food Services — "This industry comprises establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or motorized carts. The establishment is the central location from which the caterer route is serviced,not each vehicle or cart. Included in this industry are establishments primarily engaged in providing food services from vehicles such as hot dog carts,and ice cream trucks."Illustrative examples include: Mobile food concession stands, Mobile canteens, Mobile refreshment stands, etc. Although only the SIC system is recognized within the LDC, staff often uses the NAICS as a resource as the NAICS is more current with respect to identified uses. Staff is of the opinion that mobile food vendors are meant to remain mobile and as such no SIC is applicable to them as the SIC system deals with commercial activities at fixed locations and not those of a temporary nature; it is for this reason, in part, the County offers Temporary Use Permits. Given the above, staff finds that a "food truck park" is not specifically called out within the zoning district as an allowable principal use and has insufficient information to find that such a park is clearly incidental to and/or supportive of either a restaurant or marina use. Should the applicant believe that Zoning Verification Letter ZLTR-PL20160000Sl9 Page 3 of 3 evidence and/or argument can be made to allow such a food truck park as part of a restaurant, marina, or any other allowable principal use within the zoning districts, a Zoning Verification Letter-Comparable Use Determination should be sought (application attached). Alternatively; staff opines that mobile food vendors are typically observed operating at fixed locations by means of the permitting of the location where they are staged,usually a park or fair grounds,staff is confident that all of the requested uses could be accommodated and approved as being an outdoor amusement center, park,and/or picnic grounds using a combination of SIC numbers 7996 and 7999 for which Conditional Use authorization is required. LDC Section 2.03.03 D.1.c., C-4 Conditional Uses, item #2 allows: "Amusement and recreation services, outdoor(7948,7992,7996, 7999). With respect to the proposed tiki bar; businesses serving alcoholic beverages, unless specifically exempted, are required to comply with the distance requirements of LDC Section 5.05.01 (see attached). Specifically exempted are restaurants deriving at least 50% of their gross revenue from the sale of food and non-alcoholic beverages. The applicant is encouraged to contact the State's Department of Business and Professional Regulation to ascertain if additional requirements for licensing may apply. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.I of that Code. The fee for an Official Interpretation is identified in the most recent C DES Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Ms. Maria Estrada — Operations Coordinator, at (239)252-2989. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Courts website, www.collierclerk.com /Records Search/ BMR Records/ Boards, Minutes,Records/BMR Validated Ordinances. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information,please do not hesitate to call our office at(239)252-2400. Researched and prepared by: Reviewed by: / ./� JoiA. Kelly, Planner Raymond Bellows,Zoning Manager Zoning Services Section Zoning Services Section Attachments cc: Mike Bozi,Zoning Director 5j9untY • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov, net (239)252-2400 FAX:(239)252-6358 Zoning Verification Letter - Comparable Use Determination LDC sections 2.03.00 A, 10.02.06.1&Code of Laws section 2-83 -2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by sue DATE PROCESSED pPUD Zoning District viStraight Zoning District APPLICANT CONTACT INFORMATION Name of Applicanttsl: Naples 2.0 LLC (Rebecca Maddox, Manager) Address: 2055 Trade Center Way City: Naples State: FL ZIP: 34109 Telephone: Cell: 203-733-0665 Fax: 239-774-4858 • E-Mail Address: rebecca@three60market.com Name of Agent: Laura DeJohn, AICP Firm: Johnson Engineering, Inc. Address: 2350 Stanford Court City: Naples _State: FL ZIP: 34112 Telephone: 239-434-0333 Cell: 239-229-1726 _Fax: E-Mail Address: Idejohn@johnsoneng.cam PROPERTY INFORMATION Site Address: Bayshore Drive Folio Number: 79630040004 79630460006 29630i20005 29630160007 Property Owners Name: Naples 2.0 LLC DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of food truck park is comparable and compatible with the • permitted uses in the ('va? PUD or in the C-4-BMUD NC Straight Zoning District." 9/25/2014 Page 1 of 2 Co r Caunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierRov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County ❑ ❑ ❑ website) Determination request and the justification for the use a PUD Ordinance and Development Commitment information Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all ❑ 0 ❑ materials to be submitted electronically in PDF format. _ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. j FEE REQUIREMENTS: Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant Signature Date Rebecca Maddox Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible of the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been mode to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility • for the cost of correcting any unreported conditions. 9/25/2014 Page 2 of 2 SINCE 1946 NGINEERING July 28. 2016 Mr. Ray Bellows Planning Manager Zoning Services 2800 N. Horseshoe Drive Naples. FL 34104 Re: Bayshore Drive Food Truck Park Zoning Verification—Comparable Use Determination Request(CUD) Parcel Nos. 29830040004. 29830080006. 29830120005. 29830160007 Section 11.Township 50, Range 25 Dear Mr. Bellows. Please accept this request for a Zoning Verification—Comparable Use Determination on behalf of property owner Naples 2.0 LLC to determine that a proposed food truck park is comparable to the permitted restaurant use allowed within the C-4-BMUD-NC designation per Land Development Code(LDC) Section 2.03.07.1.4.b.iii(d)(8). Site Location & Background The subject site is approximately 0.74 acres on the west side of Bayshore Drive. south of Becca Drive.and north of Haldeman Creek. The site is legally identified as Lots 1 (±0.15 acres).2(±0.15 acres), 3 & 44+0.29 acres)and 5 (±0.15 acres)of the I)emere Landing subdivision. The site is within the conventional zoning designation of C-4(General Commercial)with BMUD- NC overlay(Bayshore Mixed Use Overlay District—Neighborhood Commercial Subdistrict). The Zoning Map is provided as Attachment 1. The site is currently cleared and unimproved. An aerial view from the Property Appraiser website is provided as Attachment 2. The C-4 designation was adopted for the subject site by Ordinance 92-43 (Attachment 3). The conditional provisions regarding access to the subject site in Ordinance 92-43 would be applicable at time of development. and discussions with the County Attorney's office are ongoing regarding these provisions. Per the LDC. the purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. The BMUD-NC overlay designation was adopted for the subject site by Ordinance 00-92, as amended by Ordinance 03-27. The purpose of the BMUD is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area with pedestrian- oriented. interconnected projects. The BMUD implements the provisions of the Bayshore Gateway Triangle Redevelopment Overlay within the Future Land Use Element of the Growth iManagement Plan. The Neighborhood Commercial Subdistrict (BMUD-NC) purpose is to encourage a mix of low intensity commercial and residential uses, including mixed use projects in 2350 Stanford Court.Naples. Florida 34112 (239)434-0333.Fax(239)434-9320 Mr. Ray Bellows July 28,2016 Page 2 • a single building. BMUD-NC developments are to be human-scale and pedestrian-oriented per LDC Section 2.03.07.I.4.a.i. Proposed Use The applicant proposes to develop the site for the commercial sale of prepared foods, beer and wine, and food and drink consumption. The proposed use of the site is consistent with the definition of Retail/Restaurant found in LDC Section 2.03.07.I.4.b.i(d),which enumerates the uses allowed in the BMUD and defines Retail/Restaurant as: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption,but excluding manufacturing. The proposed sale of food,beer and wine,and food and drink consumption is clearly allowable in the Neighborhood Commercial Subdistrict per LDC Section 2.03.07.I.4.b.iii.,which indicates the following are permitted in BMUD-NC: (d)(2) Bars; (d)(5) and (d)(6) General Retail less than 15,000 s.f.; and(d)(8) Restaurant. The manner in which these sales and consumption are performed is subject to the County's determination of a comparable use. The applicant proposes sales and consumption are to be performed on the subject site through the location of eight "food trucks," along with a chickee structure (serving beer and wine)and outdoor seating. Sale of food and non-alcoholic beverages will be the primary income generator;less than 50%of the income from the facilities will be from • sale of alcoholic beverages. As illustrated on the applicant's conceptual site plan (provided as Attachment 4), a restroom pavilion is also proposed, subject to design and approval through the usual Site Development Plan and Building Permitting process. A parking lot and dock and boat slips along the waterside edge of the site are proposed, which are also subject to state and County permitting requirements. The eight food trucks are proposed to occupy designated positions on the site as illustrated on the conceptual site plan. These designated positions will be leased. Lease terms are anticipated to be for a minimum of 30 days. Connections to potable water,grease traps,and sewer will be available, all subject to design and approval through the Site Development Plan process. Food and drinks sold by the food truck vendors may be consumed on site at the outdoor seating areas, or may be carried away. Operations are expected to be during mealtimes of breakfast, lunch and dinner. In addition to the landside uses listed elsewhere in this document, we propose to have boat slips along the waterfront portions of the site to be properly permitted through agencies having jurisdiction. The boat slips may be leased to licensed commercial fishing interests to moor boats. These commercial fishermen will be able to sell their catch on the property. The boat slips may be leased to non-commercial, recreational boaters. The boat slips may be used by patrons visiting the site. Food trucks defined by State of Florida and U.S.Department of Labor Food trucks are classified as Mobile Food Dispensing Vehicles (MFDV) per the Florida • Department of Business and Professional Regulation(DBPR)Division of Hotels and Restaurants. As documented in Attachment 5, The DBPR defines MFDV as: Mr. Ray Bellows July 28, 2016 Alik Page 3 IIP a vehicle-mounted public food service establishment that is self-propelled or otherwise movable from place to place. Regulations and licensing through the DBPR Division of Hotels and Restaurants is a state- managed function applicable to MFDV's or"food trucks." By the state definition and regulatory structure, food trucks are within the realm of restaurants because they are considered public food service establishments and they are governed under the Division of Hotels and Restaurants. Mobile food is also identified within the U.S. Department of Labor Standard Industrial Classification Code 5963. As documented in Attachment 6, the description of Major Group 58, Eating and Drinking Places,references that mobile food is classified in Industry 5963. SIC Code 5963, Direct Selling Establishments, is within Major Group 59, Miscellaneous Retail, and is described as "the retail sale of merchandise... from trucks or wagons or other temporary locations." Examples listed include lunch wagons,mobile-retail,as documented in Attachment 6. Thus,by state definition, a food truck is an MFDV within the realm of restaurants. According to the SIC system, a food truck is a direct selling establishment within the realm of retail. Both restaurant and retail are permitted uses within the BMUD-NC designation and in the underlying C-4 zoning district. 411 Conclusion: The applicant intends to develop the site as a food truck park, with positions for food trucks, a chickee, and seating areas, for the sale of food, beer and wine, and food and drink consumption, As proposed, the food truck park is comparable use to a restaurant which is listed as permitted within the BMUD-NC overlay designation, and defined according to LDC Section 2.03.07.L4.b.i.(d)as: premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption,but excluding manufacturing. Request: The applicant requests a determination that the proposed food truck park is a comparable use to the permitted restaurant use allowed within the C-4-BMUD-NC designation per Land Development Code(LDC) Section 2.03.07.I.4.b,iii(d)(8). Sincerely, JOHNSON ENGINEERING, INC. ic- Laura DeJohn, AICP Principal Planner Mr. Ray Bellows July 28, 2016 Page 4 . Enclosed: 1. Zoning Map 2. Property Appraiser Aerials 3. Ordinance 92-43 4. Conceptual Site Plan 5. Mobile Food Dispensing Vehicle definition from the Department of Business and Professional Regulation(DBPR)Division of Hotels and Restaurants 6. 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Ordinance 92-43 (Relevant Language on Page 25) • • 11111 111111 • . i1 t8192x} h am Al ��- ORDINANCE NO. 92-43 (n4. �' t' AN ORDINANCE AMENDING ORDINANCE 91-102, THE tY COLLIER COUNTY LAND DEVELOPMENT CODE WHICH gp Vii'', ESTABLISHES THE COMPREHENSIVE ZONING aC2`-0 REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN m DESCRIBED PROPERTIES FROM THEIR CURRENT RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL n, ;�. ZONING CLASSIFICATION, AS HEREIN IDENTIFIED s -►T ON EXHIBIT "A", TO THE SPECIFIC ZONING 4 r CLASSIFICATION OF EITHER THE RSF-3,.o ti f't1 r RESIDENTIAL SINGLE FAMILY ZONING DISTRICT,,, OR TO THE RSF-3ST, RESIDENTIAL SINGLE FAMILY? z , , ZONING DISTRICT WITH SPECIAL TREATMENT' eci OVERLAY, OR TO THE RSF-4, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT, OR TO THE RSF-6, • RESIDENTIAL SINGLE FAMILY ZONING DISTRICT, OR TO THE RMF-6, RESIDENTIAL MULTI-FAMILY ZONING DISTRICT, OR TO THE RMF-6ST, RESIDENTIAL MULTI-FAMILY ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE RMF-12, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT, OR TO THE RMF-12ST, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE RMF-16, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT, OR TO THE RT, RESIDENTIAL TOURIST ZONING DISTRICT, OR TO THE MH, MOBILE HOME ZONING DISTRICT, OR TO THE CF, COMMUNITY FACILITY ZONING DISTRICT, OR TO THE TFRVC, TRAVEL TRAILER-RECREATIONAL VEHICLE CAMPGROUND ZONING DISTRICT, OR TO THE C-1/T, COMMERCIAL PROFESSIONAL/TRANSITIONAL ZONING DISTRICT, OR TO THE C-I, COMMERCIAL PROFESSIONAL ZONING DISTRICT, OR TO THE C-2, COMMERCIAL CONVENIENCE ZONING DISTRICT, OR TO THE C-3, iU COMMERCIAL INTERMEDIATE ZONING DISTRICT, OR TO THE C-3ST, COMMERCIAL INTERMEDIATE ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE C-4, GENERAL COMMERCIAL ZONING DISTRICT, FOR INDIVIDUAL PARCELS AS HEREIN IDENTIFIED ON EXHIBIT "A", AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS TO BE x`. APPROPRIATE AND TO BE CONSISTENT WITH THE GROWTH MANAGEMENT PLAN, PURSUANT TO OBJECTIVE 1 AND RELATED POLICIES AND POLICY 3.1.E OF THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP OF THE GROWTH MANAGEMENT f.. PLAN; AND BY PROVIDING AN EFFECTIVE DATE WHEREAS, Article VIII, Section 1(f) of the Constitution of Florida confers on counties broad ordinance-making power when .;r,°' not inconsistent with general or special lav; and t f ,6 `. ' WHEREAS, Chapter 125.01, Florida Statutes, confers on all ;, . counties in Florida general powers of government, including the BM R53 rict 331 :Y y • ordinance-making power and the power to plan and regulate the use of land and water; and WHEREAS, On January 10, 1989, Collier County adopted the it Collier County Growth'.MBnagement Plan as its Comprehensive Plan F, � pursuant to the requirements, Chapter 163, Part II, Florida ` $tatuteA, also known as the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Chapter 9J-5, Florida Administrative Code. also known as the Minimum 3 • Criteria for Review of Local: Government Comprehensive Plans and Determination of Compliances and WHEREAS, the Board'of County Commissioners of Collier County finds that development for which zoning has already been approved by Collier County and potential zoning within Urban 4. Designated Areas of the Collier County Growth Management Plan ;" will accommodate approximately 350,000 dwelling units in the • ? unincorporated Coastal Urban Area of Collier County, and that q t . comvircial zoning in excess of 4,600 acres has been approved, while the Capital Improvement Element of the Growth Management `' `s Plan would serve only a fraction of the planned and approved, yet unbuilt, development; and WHEREAS, because of these estimates and projections, the Future Land Use Map and Element of the Collier County Growth Management Plan and the Support Documents project and provide for over 60 years of growth while the Capital Improvement Element of the Collier County Growth Management Plan provides for only five (5) years of funding and only ten (10) years of needs and deficiency assessments for public facilities for all • ,11, categories, except that roads are also in the process of being tentatively planned for up to 25 years or growth; and - WHEREAS, as a result of the realization of this serious and Y F ;'' significant imbalance between planned land uses and planned y.� public facilities by the Board of County Commissioners of • Collier County, the Board of County Commissioners of Collier • s 2 SOW 1/53►t 332 4 County finds that Collier County faces real, serious and imminent problems that will result from the planned and approved, yet unbuilt, development in that it exceeds the financial resources of Collier County to fund projected carrying capacity of the existing and planned public favilitiits of collier County and that it is inconsistent with t'bir .rxisting and desired community character of Collier County; +suet WHEREAS, at the tine of adoption of the Growth Management Plan, the Board of County commissioners of Collier County recognized the need to balance evacuation capability and the at-risk population in the Hurricane Vulnerability Zones in t*A, Collier County by limiting or reducing the maximum permitted densities in those zones to ensure that the population at risk in those zones of high risk could safely evacuate during the time of a hurricane event; and 1 WHEREAS, the Board of County Commissioners of Collier County acknowledged the report of the Regional/Urban Design Team `t.` for the Naples area dated April, 1987 and subsequent , .. recommendations of the RAUDAT Citizen Committee and approved a `I revised commercial allocation systems to promote superior urban design by managing road access, avoiding commercial strip development, improving overall traffic circulation patterns and providingcommunity focal points: and WHEREAS, the Growth Management Plan, through the Future Land Use Map and the Goals, Objectives and Policies, strives to coordinate land use with the provision of adequate roads, sewer, water, drainage facilities, solid waste facilities and parks and {. • recreation opportunities; coordinate coastal population densities with the Regional Hurricane Evacuation Plan: and discourage unacceptable levels of urban sprawl; and A WHEREAS, the cost to the public and Collier county to provide adequate public facilities for planned and approved, yet unbuilt, development is too great of a financial burden and k� • ! A SW1153pia 33 :eb NM 11115 11111 . tL would cause the public and Collier County undue fiscal hardship; r and i WHEREAS, additionally, the Board of County Commissioners of i. . ;, Collier County recognizes that if a substantial amount of the E. unimproved property were allowed to develop and be constructed 4' under existing zoning districts inconsistent with the Growth 1.`,',....;* Management Plan, it would encourage urban sprawl, promote strip r r commercial development, negatively impact the character of G' • residential neighborhoods and commercial areas, and force ; ►' . . Collier County to make premature ad hoc land use commitments; :'-'.1 and WHEREAS, Collier County has attempted to address these l ; ' . problems by including several provisions in the Collier County i'.'M" Growth Management Plan, including Objective 1 and related Policies and Policy 3.1.1 of the Future Land Use Element of the " :'''.. ;Li Collier County Growth Management Plan, and by providing that �' land development regulations be adopted and contain provisions • .' to implement the Collier County Growth Management Plan and f `+` include at a minimum, inter 'ilia, the establishment of a Zoning Reevaluation Program for unimproved property that shall be 4 carried out by January 10, 1991 for all commercially zoned and non-residential property and by January 10, 1992 for all other property, and i • WHEREAS, Objective 1 of the Future Land Use Element ` , ;`;;, requires all new or revised uses of land to be consistent with •`,.t designations outlined on the Future Land Use Maps and , WHEREAS, Policy 3.1.K of the Future Land Use Element of the r, Collier County Growth Management Plan furthermore provides for the rezoning of inconsistent, unimproved properties to a zoning a district consistent with the Growth Management Plan; and WHEREAS, pursuant to Sec. 163.3194(3) (a), pla. Stat., land f i �, ,. development regulations shall be consistent with the .. ',;; ' Comprehensive Plan if the land uses, densities or intensities, and other aspects of development permitted by such regulations i ' ,:. 4 ace n53 rw.334 t. 3n,*.' are compatible with and further the objectives, policies, land ,-=,,,,,,, ' 41 , uses, and densities or intensities in the comprehensive Plan and 1 if it meets all other criteria enumerated by the local "- governments and ��, WHEREAS, in order to comply with the foregoing authorities, findings and the Act, it is necessary to rezone ' its large areas in the unincorporated portion of Collier County to ' zoning districts consistent with the Growth Management Plans and ! '4, f WHEREAS, the zoning amendments herein will implement 'S, Objective One and related Policies and Policy 3.1.X of the "'' Future Land Use Element and Future Land Use Maps and WHEREAS, the owners of the herein described properties have not submitted an application as provided for in Sections 2.4 f: f, '. (Exemptions), 10 (Compatibility Exception), and 11 `. (Determination of Vested Rights) of the Zoning Reevaluation ' Ordinance. or have submitted an application and it was not granted, or have submitted an application and it was granted ' subject to a zoning change and/or conditional and WHEREAS, Policy 3.1.K of the Future Land Use Element of the "'T'+ Growth Management Plan and the Stipulated Settlement Agreement in DOAN Case No. 59--1299 GM require commercially and j4.' industrially zoned property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent '1:'; zoning districts by January 10, 1991, and require residentially zoned property inconsistent with the Growth Management Plan and ►., unimproved to be rezoned to consistent zoning districts by January 10, 1992; end j 1 ' WHEREAS, the zoning amendments herein will bring the zoning of the herein described properties into consistency with '. objective 1 and related Policies and Policy 3.1.X of the Future \,•.,.•= Land Use Element and the Future Land Use Map of the Growth s ' c.1'.• Management Plan; and :k wit 1153 PAU 335 i s rr k 111111 NIS c WHEREAS, the Collier County Planning Commission has rwiewed this zoning ordinance and has found it to be consistent { ;'' with the Growth Management Plan as required by Sac. 163.3194(2), ylorida Htatutee. I , NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Cy �.• Sj;CTION O2fE: Rezone of properties with Residential Zoning Designations. The zoning classification of the herein described real 1" properties is changed from the zoning classifications indicated on Exhibit "A" to the RSF-3, Residential Single Family Zoning ' ot District, or to the RSF-3ST, Residential Single Family Zoning District with Special Treatment Overlay, or to the RSF-4 Residential Single Easily Zoning District, or to the RSF-6, , Residential Single Family Zoning District, or to the RMF-6, Residential Multi-Family Zoning District, or to the RH7-65T, •! Residential Multi-Family Zoning District with Special Treatment Overlay, or to the RMF-12, Residential Multiple Family Zoning District, or to the RMF-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, or to the RMF-16, Residential Multiple Family Zoning District, or the the RT, Residential Tourist Zoning District, or to the MH, Mobile Home ,'�a Zoning District, or to the C-3, Commercial Intermediate Zoning i, .; ' , District, or to the CF, Community Facility Zoning District as herein identified on Exhibit "A", and the Official Zoning Atlas ti Map Numbers indicated on Exhibit "A", as described in Ordinance ' �. 92-102, ars hereby amended accordingly: SEE EXHIBIT "A" x'Y • p �r. t'ys:,ti. nog (153'act 336 f� . 6 •f ;$ $EcTIOM,TWQ: Rezone of properties with Commercial Zoning i Designations. The zoning classification of the herein described real • properties is changed from the toning classifications indicated on Exhibit "A" to the RMF-G, Residential Multi-Family Zoning District, or to the RMF-12, Residential Multiple ?amity Zoning District, or to the RMF-12ET, Residential Multiple Family Zoning District with Special Treatment Overlay, or to the TTRVC, Travel Trailer-Recreational Vehicle Campground Zoning District, or to ., the C-1/T, Commercial Professional/Transitional Zoning District, or to the -1, Commercial Professional Zoning District, or to ,a '' the C-2, Commercial Convenience Zoning District, or to the C-3, Commercial Intermediate Zoning District, or to the C-3ST, Commercial Intermediate Zoning District with Special Treatment Overlay, or to the C-4, General Commercial Zoning District, as herein identified on Exhibit "A", and the Official Zoning Atlas #.. Map Numbers indicated on Exhibit "A", as described in. Ordinance j,74, 91-102, are hereby amended accordingly: r.eyfi ` • SEE EXHIBIT "A" tit SECTIOle ?12EEt Rezone of properties with Industrial Zoning Designation. i • = The zoning classification of the herein described real properties is changed from the zoning classification indicated on Exhibit "A" to the C-1, Commercial Professional Zoning District, as herein identified on Exhibit "A", and the Official Zoning Atlas Map Humber indicated on Exhibit "A", as described in Ordinance 91-102, is hereby amended accordingly: SEE EXHIBIT "A" 4 : 140 13na337 *.. . 7 L. - .4 FOUR: Effective Date. "•` This Ordinance shall become effective upon receipt of Y i , ;` notlice from the Secretary of State that this Ordinance has been i filed with the Secretary of State. . >, PASSED AND DULY ADOPTED , by the Board of Commty- I Commissioners of Collier County, Florida, this 22nd day of F • - t...,. , 1992. ' >•. I 34 I. . ,..' i5143 `d; 2 BOARD OF LINTY COMMISSIONERS ' COLl1I�t CINTSb, LORIDJI •F.JAMES C. G LL§, CLERX BYs '� `S " ' MICHAEL J�VbLPE, CHAIRMAN r. �.• ,.•;'," !� 7J J et t i •sI 4. •,x�$, :46.FORM AND 1 • IFtICIE4CY: ', -, , : f. •f:' 77Li..yypp.�. Yll ,4,.. MARJORIE M. 8 DENT This ordnance Algid wah IM -. .. ASSISTANCE COUNTY ATTORNEY �� ' �ti CZR6.1791 and • •'' " • ONO i 4 Ni llo,. ` : 1.W.!'# j .1 • ' 1•'J ••(. .. . Y1', i • is • i •rJ I Y •• .* dDO! 1153 PAGE 338 ir 1 ''r :`. 8 • t'i . Olt ,F•1 Y EXnIaIT mho .'T } N. Maples Planninv Community y. I. Legal Description: Lots 1, 2, 21 and 22, Block 10, Bonita t •- Shores, Unit 2, according to the plat thereof, recorded in Plat Book 3, Page 43 of the Public Records of Collier County, Florida. !f ,r Rezoned froa C-3, Cosmmsrclal Intermediate Zoning District r; to C-i, Commercial Professional Zoning District .. . (CEX-037-NN) . ` Change Official Zoning Atlas )tap 18503)1 ;.. 2. Legal Descriptions Lots 1-5, Block 11, Bonita Shores, Unit 2, according to the plat thereof, recorded in Plat j ,;. Book 3, Page 43 of the Public Records of Collier County, Florida. Rezoned fres C-3, Commercial Intermediate Zoning District 7. to C-i, Commercial Professional Zoning District % (CHX-036-KH). A Change Official Zoning Atlas Map 16505H i, ' 3. Legal Description: Lot 6, Block 26, Bonita Shores, Unit 3, according to the plat thereof, recorded in Plat Book 3, i "' Pegs 80 of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following conditions (CEX-003-Mt/A): - ' a. Only the following principal uses, as listed in the ' r Land Development Cods (Ordinance 891-102), are permitted: (1) All permitted uses of the C-1/T, Commercial tri. Professional/Transitional District, except Care Units, Nursing Homes, Museums and Art Galleries, and t Hon-depository Credit Institutions. . (2) All conditional uses of the C-1/T, Commercial Professional/Transitional District, except Increased • k Building Height, Mixed Residential and Commercial Uses, and Depository Institutions. (3) Apparel and Accessory Stores (5611 - apparel !- accessory stores, hat stores, and tie shops only; ,, 5632 - excluding fur apparel made to custom order, fur shops, and furriers; 5641 and 5699) (4) Business Service. (7311; 7313; 7322 - 7338: 7361-7379; 7384; 7369 except auctioneering service, ;4} field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap � ,IF.,' (5) Food Stores (5421 - fish markets and seafood markets r.� only; 5431; 5441; 5451-excluding ice cream store; . 5461 and 5499) (6) General Merchandise Stores (5331) (7) Health Services (8011-8049 and 8082) ;� (8) Home Furniture, Furnishings and Equipment Stores (5714; 5719; 5735 and 5736) , (9) Miscellaneous Repair Services (7639 and 7631) (10) Miscellaneous Retail (5932 - antique stores, antique ,•:, furniture, antique glassware, antique -, home-furnishings, and antique objects of art only; , 5942; 5943; 5944 - excluding jewelry, precious stones 1 IOW (153 r:cc 339 and precious metals: including custom made; 5945 - 'e- ceramics supplies, craft kits and supplies, and hobby shops only; 5946; 5947; 5949; 5992; 5993 and 5999 - t , excluding ice dealers and pat shops) (11) Paint, Glass and Wallpaper Stores (5231) f ' (12) Personal Services (7212; 72213 72311 72411 and 7291) (13) Veterinary Services (0742 excluding outside kenneling) (14) Any other intermediate commercial use which is comparable in nature with the foregoing uses. r!' b. All conditional uses listed in the C-3 District of the Land Development Code are permissible as conditional uses, subject to the standards and procedures established in Division 2.7.4 of the Land Development Coda. c. All buildings arm limited to a maximum height of 35 feet. Change Official Zoning Atlas Map 485055 4. Legal Description: Lot 47, Block 56, Naples Park, Unit 5, according to the plat thereof, recorded in Plat Book 3, Page 14 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi-Family Zoning District to C-3, Commercial Intermediate Zoning District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map 48533N • 5. Legal Description: Lots 18 and 19, and the South 8.9 feet • of Lot 17, Palm River Shores, according to the plat thereof, recorded in Plat Book 3, Page 27 of the Public i Records of Collier County, Florida. A1ND + STRAP 4482522-036.000, further described as lying in • Section 22, Township 48 South, Range 25 East, Beginning at the Northwest corner of Lot 1, Palm River Shores, thence #' run East 113.27 fest, thence run North 71' East 313.27 • feet, thence run Southeasterly along the waterway 218.5 feet, thence run Southwesterly along arc of curve 173.82 feet, thence run South 86' West 287.24 feet, thence run West 100 feet to the East line of U.S. 41, thence run �:. North 265 feet to Point of Beginning, as recorded in Official Record Book 1431, Page 1534. I£: Rezoned from RT, Residential Tourist Zoning District to RT, Residential Tourist Zoning District subject to the r.. following conditions (CEX-041-NN): • a. The maximum height of buildings shall be limited to two (2) stories. tau: b. The maximum height of exterior lighting fixtures shall be 15 feet and shall be constructed and located in a manner so that no light is directed toward a residentially zoned property. c. All recreational facilities are to be located on the north side of the property (away from nearby residential zoning) . + ; d. A landscape buffer shall be provided along the east t and south property lines in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. e. There shall be no boat docks or boat ramps on the property or waterways abutting the site. If 2 IMN pm 0413 M- ` `'�' f. An adequate water management plan shall be devised to 1 r ; prevent surface run-off to the Cocohatchee River 0.. (Horse Creek) and adjoining waterways. g. Additional red mangrove seedlings shall be planted along canal banks and in the riprap area. Thie shall be included in the landscaping plan to be reviewed for approval by the Project Review Services Environmental Specialists. h. Detailed site drainage plans shall be submitted to the County Engineer for review. Ito construction t: permits shall be issued unless and until approval of r the proposed construction in accordance with the submitted is lans P grantedby the County Engineer. i. In accordance with the Rules of South Florida Water , Management District (SFW$D) Chapters 40E-4 and 40E-40, this project shall be designed for a storm � event of one hour duration and a 3-year return frequency to provide full water quality treatment of storm run-off before discharge into Horse Creak. j. The developer shall provide a northbound right turn lane an U.S. 41 at the project entrance. k. The developer shall provide arterial level street lighting at the project entrance and exit. 1. It is anticipated that additional right-of-way will be required for the future widening of U.S. 41. However, it shall be the Petitioner's responsibility • to ascertain this fact from the Florida Department of Transportation and maks arrangements for donation of right-of-way if needed. • Is. Utility Division stipulations per their naso dated ,.- December 12, 1985, attached. n. Any establishment requiring CCPHU permit, must submit ....�>..., -.< ,.o"•..,• plans for review and approval. o. A minimum • inch water main and firs hydrants shall be installed in this area to provide adequate fire r protection. `: p. Ho median cut shall be requested from Florida Departsant of Transportation. q. Any existing boat docks and reaps are to be removed. r r. No interval ownership is permitted. (time share) 2s. The motel structures shall be located generally as shown on the submitted site plan dated 11/8/85 and revised 11/26/85 (i.e., structures facing the water with parking internal to the site) . rr Change Official Zoning Atlas Nap 18822H 6. Legal Description: Lots 1-i11, Block C. Vanderbilt Beach ; 1 ,� . Center, according to the plat thereof, recorded in Plat book 3, Page 16 of the Public Records of Collier County, Florida. ti; ' • : # • Rezoned from C-1, Commercial Intermediate Zoning District • 11.4 to C-3, Commercial Intermediate Zoning District subject to the following conditions (CEX-007-KM): a. There shall be no access from Commerce Street or Cult 1. Shore Court. Only one access point shall be allowed on Vanderbilt Reach Road (for all 18 lots combined) and a deceleration lane shall be provided for this {r access point. J.#-.. - . Change Official Zoning Atlas leap #853211 ryt °". :OW t1.53PY4341 r, ti . 's.:.. 3 ` Y ,•l o C.,°:-. N ; i; -• 7. Legal Description: Lots 1-7, Block 1, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book ' y,.. 10, Page 44 of the Public Records of Collier County, Florida. ° Rezoned from RMF-6, Residential Multi-Family Zoning District r •;. to RMF-6, Residential Multi-Family Zoning District subject to the following condition so as to allow development compatible with surrounding properties: •• a. Prior to the issuance of any development orders, a ; % Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass .K, Landings Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, •e but not limited to, roads, water, sewer, street �r' lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier f: County Land Development Code. Change Official Zoning Atlas Map 185205 1�,; 8. Legal Description: Block 2 undivided, Wiggins pass Landings, Y Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. ,. Rezoned from C-3 and C-38T, Commercial Intermediate Zoning District and Commercial Intermediate Zoning District with iSpecial Treatment Overlay to RMF-12 and RMF-12ST, Residential -, Multiple Family Zoning District and Residential Multiple ,� Family Zoning District with Special Treatment Overlay, all -with a maximum density of 6 units per acre subject to the following condition: • • a. Prior to the issuance of any development orders, a �'• Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of ' this Preliminary Subdivision Plat is to indicate the • ability to provide adequate infrastructure including, • but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the • properties, pursuant to Division 3.2 of the Collier . County Land Development Code. C' Change Official Zoning Atlas Map 88520S 9. Legal Descriptions Lots 1 and 2, Block 3, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in •+ , k Plat Book 10, Page 44 of the Public Records of Collier ;•_: . County, Florida. • Rezoned from RMF-6, Residential Multi-Family Zoning District ' to RMF-6, Residential Multi-Family Zoning District subject to the following condition so as to allow development compatible with surrounding properties: a. Prior to the issuance of any development orders, a e'.4;. Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-10, Block 1 of 5 " Wiggins Pass Landings Unit 1, shall be submitted to • {4. Collier County for review and approval. The purpose of I. • .. 4 ,e 053►w 342 • esw OMR WINO this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier v County Land Devalopaent Code. Change Official Zoning Atlas Map 085208 . . 10. Legal Descriptions Lots 3, 4, S. 11, 12 and 13, Block 3, r * . Wiggins Pass Landings, Unit 1, according to the plat thereof, •Nq recorded in Plat nook 10, Page 44 of the Public Records of I. Collier County, Florida. ,6• Rezoned from RMF-16, Residential Multiple Family Zoning Vit" District to RMF-12, Residential Multiple Family Zoning -. District with a maximum density of 6 units per acre subject to the following condition so as to allow development i :' compatible with surrounding propertiass Aa. Prior to the issuance of any development orders, a ': Preliminary subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 6-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the g propertiies, pursuant to Division 3.3 of the Collier County Land Development Code. . , . 1.1 -. Change Official Zoning Atlas Map 16520B N= 11. Legal Descriptions Lots 7, • and 9, Block 3, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. } ` Rezoned from R![T-123T, Residential Multiple Family Zoning I. District with Special Treatment overlay to RMF-12ST, . Residential Multiple Family Zoning District with Special • Treatment overlay and With a maximum density of s unite per acre subject to the following condition so as to allow development compatible with surrounding properties: a. Prior to the Issuance of any development orders, a k„ Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 6-10, Block 1 of °j Wiggins Pass Landings Unit 1, shall be submitted to ' Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, i but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the 'r`. properties, pursuant to Division 3.1 of the Collier county Land Development Code. Change Official Zoning Atlas Map 065208 j � . 12. Legal Description: Lots 6, 10, 14, 15 and 16, Block 3, . Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. ,b r 5 100( 343 I, Rezoned from RMP-128T, Residential Multiple Family Zoning District with Special Treatment Overlay and RMF-16, ;; Residential Multiple Family Zoning District to RM'-12 and RNP-LIST, Residential Multiple Family Zoning District and '': Residential Multiple Family Zoning District with Special 4;' Treatment Overlay, all with a maximum density of 6 units per i! acre subject to the following condition so as to allow development compatible with surrounding properties: a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to prods adequate infrastructure including, but not Baited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the #, properties, pursuant to Division 3.2 of the Collier County Land Development Code. z .. Change Official Zoning Atlas Map 185205 13. Legal Description: rats 1-4, Wiggins Pass Landings, Unit 1 Addition, according to the plat thereof, recorded in Plat , r. Book 10, Page 81 of the Public Records of Collier County, .i Florida. 4 Rezoned from C-3, Commercial Intermediate Zoning District to µ RXF-12, Residential Multiple Family Zoning District with a s ` maximum density of 6 units per acre subject to the following A condition: ,,_'' a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, • but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier .; County Land Development Code. Changs Official Zoning Atlas Map 1e5208 , 14. Legal Description: STRAP, 482505-005.000, further described as lying in Section 5, Township 48 South, Range 25 East, Collier County, Florida, Beginning at the intersection of the West line of Section 5 with the South line of Bonita Beach Road, run East 345 feet, thence run South 370 feet, thence +y run South 86' West 225 feet, thence run North 67• West 132.52 ' feet to the West section line, thence run North 130 feet ` along the West line of Rection 5 to the Point of Beginning, ftas recorded in Official Record Book 1541, Page 592. • Rezoned from C-4, General Commercial Zoning District to C-3, ; Cauaeroial Intermediate Zoning District (C1X-025-NN). r _. Change Official Zoning Atlas Map 11505W t . . 15. Legal Description: STRAP !482509-002.001, further described ` as lying in Section 9, Township 48 South, Range 25 East, ` ° Collier County, Florida, the North 268 feet lying East of U.8. 41 ram recorded in Official Record Book 610, Page 1174. K , 5,, 6 053 Pius 344 7' I. Rezoned from RMF-6, Residential Multi-Family Zoning District -. to RM?-6, Residential Multi-Family Zoning District with a minimum base density pursuant to the Density Rating system contained in the Future Land Use Clement of the Growth ° '<. Management Plan (+CEI;-043-NM/A). Change Offioial Zoning Atlas Map 18509N t'; 16. Legal Descriptions STRAP 1482510-018.000, further described `, as lying in Section 10, Township 48 South, Range 25 East, Collier County, Florida, the North 757.11 feet of the ,:' Northwest 1/4 as recorded in Official Record Book 610, Page '' � 2174. . Rezoned from RMF-6 and RMT-611'T, Residential Multi-Family " . Zoning District and Residential Multi-Family Zoning District • with Special Treatment Overlay to RKF-6 and RMF-SST, .,'• Residential Multi-Family Zoning District and Residential Multi-Family Zoning District with Special Treatment Overlay, all with a minima base density pursuant to the Density a Rating System contained in the Future Land Use Element of the 44.1. Growth Management Plan (CEX-054-NN/A). ' Change Official Zoning Atlas Map •8310N 17. Legal Descriptions Portion at STRAP 1482510-040.000, further •,' .. described as lying in Section 10, Township 48 South, Range 25 s %.:. East, Collier County, Florida, commence at the Southwest ` corner of Section 10, thence run South 89.52'47" East along the South line of the Southwest 1/4 of said section 10 for a fi distance of 552.04 test to the Point of Beginning of the ' i• parcel of land herein described; thence continue South �°' 89*52'47" East along the South line of the Southwest 1/4 of 4 N <, said Section 10 for s distance of 326.21 feet to a.point,.on rthe Westerly right-of-way line of State Road No. 45 (C.R. .^ �� 887, Formerly U.S. 41, Testae', Troll, a 150.00 foot right-of-way); thence run North 31'22,30" East along said Westerly right-of-way line for a distance of 626.97 feet! thence run South 90.00'00" West for a distance of 620.39 3 teats thence run South 11'13`37• East for a distance of 97.82 feet; thence run South 02.23046" East for a distance of r 134.53 feet; thence run South 20.02'24" West for a distance • of 131.74 feet; thence run South 03'0('37" Nest for a •4 distance of 174.18 feat to the Point of Beginning, as . , recorded in Official Record Book 1221, Page 931. Rezoned from C-4, General Commercial Zoning District to C-3, Commercial Intermediate Zoning District subject to the • following conditions (CEX-012-U$/A)s 1; a. The following uses ars prohibited: Gasoline Service ':4 Station; Drive-In Restaurant; and Fast Food Restaurant. . b. The property shall be developed as a Unified Plan of t .: Developsent. This Plan *ball be subject to review and approval by the Board of County Commissioners. Tor purposes of this condition, a Unified Plan of Development means a Preliminary Subdivision Plat p. (PSP) or, if the property is not subdivided, a 1. Preliminary Site Development Plat (PROP). The Unified Plan of Development shall be consistent with '": the provisions of the Land Development Coda and, whether a PSP per Division 3.2 or a PSDP per Division 3.3, shall include; the location of all proposed access points and road rights-of-way; the proposed :, common architectural theme and controls; and the proposed landscape theme. r X53►Ack 345 t ; [ c. All buildings are limited to a maximum height of 35 teat. d. A landscape buffer shall be provided along the north property line meeting the requirements of Section A • 2.4.7.4, Alternative B, of the Land Development Code, Gh except that the buffer area shall be 30 feet wide. e. The building setback from the north property line (abutting Meador/brook Estates PUD) shall be 100 feet. Change Official Zoning Atlas Map 485105 18. Legal Descriptions STRAP 4412515-002.000, further � described as lying in Section 15, Township 48 South, Range 25 East, Collier County, Florida, the Northwest 1/4 of the i. Northwest 1/4, Nest of U.S. 41, less the right-of-way, as recorded in Official Record Book 1093, Page 2018. • AND "' STRAP 4482516-010.001, further described as lying in ' r Section 16, Township 48 South, Range 25 East, Collier County, Florida, the North 1/2 of the Northeast 1/4, less the North 268.54 feat, lass the portion Nest of U.S. 41, 16; and less U.B. 41 right-of-way, as recorded in Official Record Book 1086, Page 1821. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-010-NN/A): a. The following uses are prohibited: Gasoline Service Station/ Drive-In Restaurant: and Fast Food Restaurant. b. The property shall be developed as a Unified Plan of Development. This Plan shall be subject to review and approval by the Board of County Commissioners. For purposee of this condition, a Unified Plan of Development means a Preliminary Subdivision Plat (PSP) or, if the property is not subdivided, a Preliminary Site Development Plan (PSDP). The Unified Plan of Development shall be consistent with the provisions of the Land Development Code and, • whether a PSP per Division 3.2 or a PSDP per Division 3.3, shall include: the location of all proposed access points and road rights-of-way; the proposed common architectural theme and controls: and the proposed landscape thea.. c. The subject property shall not be subdivided to create more than two ourparcals. That is, the property shall not be subdivided to create more than three lots or parcels. For purposes of this condition, an out-parcel is a parcel or tract of land under or designed to be under separate ownership and ;;. which otherwise meets the requirements of the C-4 zoning district, except to the extent said requirements are modified under a unified plan as contemplated by the Land Development Code. d. All buildings are limited to a maximum height of 40 feet. a. Building setbacks from adjacent road rights-of-way shall be 75 feet for the southern 300 feet of the site. f. Building setbacks from adjacent road rights-of-way shall be 100 feet for the remainder of the site. g. A landscape buffer shall be provided adjacent to all ,�.. road rights-of-way as required by Section 2.4.7.4, Alternative D, of the Land Development Code, except that the buffer area shall be 30 fest wide. 8 toot 0531461-346 WINO OEM h. The subject property shall be limited in development s`` to a maximum of 130,000 square feet of gross leasable P floor area. Change Official Zoning Atlas Map #8315N and 18516N 19. Legal Descriptions STRAP 1482515-033.000 further , described as lying in Section 15, Township 41 South, Range '• 25 Last, Collier County, Florida, Commencing at the ►. Southwest corner of Section 15, run North 89• East 15 Sfeet, thence run North 200.03 feet, thence run North 89" East 600.09 test, thence run North 541.38 feet, thence run l', South 89' West 600.08 feet, South to Point of Beginning, as Recorded in official Record Book 1281, Page 1467. 1; Resoned from C-3, Cosasrcial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following condition (014-016-NN): a. A landscape buffer shall be provided along the south property line in accordance with Section 2.4.7.4, Alternative C, of the Land Development Code. Change Official Zoning Atlas Map #851.58 IF . 20. Legal Descriptions A portion of STRAP 1482516-001.000 : : further described as lying in Section 16, Township 48 South, Mange 25 fast, Col leer Count7/, Florida, the North 268.54 feet of the Northeast 1/4 lying Last of U.S. 41, ti- les■ the right-of-way, as recorded in Official Record Book , 610, Page 1174. Rescued from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions so as to allow development compatible with surrounding properties; a. The following uses are prohibited; Gasoline Service i• Stations Drive-In Restaurant; and Past Food Restaurant. Ys, b. The property shall be developed as a Unified Plan of .i, Development. This Plan shall be subject to review and approval by the Board of County Comm ssioners. For • purposes of this conditiona Unified Plan of Development means a Preliminary Subdivision Plat (PSP) ;, or, if the property is not subdivided, a Preliminary Site Development Plan (PSDP). The Unified Plan of Development shall be consistent with the provisions of • the Land Development Cods and, whether a PSP per Division 3.2 or a PSDP per Division 3.3, shall include: the location of all proposed access points and road rights-of-way; the proposed common architectural theme • and controls; and the proposed landscape theme. c. The subject property shall not be subdivided to create more than two ourparcels. That is, the property shall r;not be subdivided to create sore than three lots or F parcels. For purposes of this condition, an out--parcel is a parcel or tract of land under or designed to be under separate ownership and which otherwise meets the requirements of the C-4 zoning district, except to the extent said requirements are modified under a unified plan as contemplated by the Land Development Coda. d. All buildings are limited to a maximum height of 40 feet. 7' e. A landscape buffer shall be provided adjacent to all. ' `, road rights-of-way as required by section 2.4.7.4, Alternative 0, of the Land Development Code, except that the buffer Area shall be 30 feet wide. 6' 9 tam' C53 PrA 347 , 1 ti' t. If access to the subject property is initially provided onto U.S. 41, the project development shall be designed such that U.S. 41 access can be eliminated or restricted and replaced or supplemented with an access onto future :+ County Road 860 pursuant to a request by Collier County and/or the Florida Department of Transportation. q. The building setback from the North property line shall be 50 feet instead of the 25 fast required in the Land Development Coda. The purpose for the additional 25 feet setback is for possible right-of-way for future County Road 860. The evaluation of right-of-way need may occur during Preliminary Subdivision Plat or Preliminary Site Development Plan review. Change Official Zoning Atlas Map 18516N 21. Legal Description: Portion of STRAP *482516-001.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the North 268.54 fest of the '•� Northeast 1/4 lying West of U.S. 41, less the right-of-way, as recorded in Official Record Book 610, Page 1174. •, Rezoned from RMF-6, Residential Multi-Family Zoning District to RSF-4, Residential Single Family Zoning District with a maximum density of I unite per acre and with the requirement to interconnect with adjacent properties. Change Official Zoning Atlas Map 48516N 22. Legal Description: STRAP 1482516-002.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the Northwest 1/4, less the West 50 -feet and less the South 70 feet, as recorded in Official Record Book 610, page 1174. Rezoned from RSF-4, Residential Single Family Zoning District to RSF-4, Residential Single Family Zoning District subject to the following conditions (CLX-045-NN): a. Access must be provided on Vanderbilt Drive and Wiggins Pass Road. b. Interconnection with adjacent properties to the east • j ,? _'• must be provided when physically possible. • Change Official Zoning Atlas flap 48516N 23. Legal Description: STRAP 1482516-009.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the Southwest 1/4 of the Northeast 1/4 as recorded in Official Record Book 1641, Page 2347. AND STRAP 1 482516-010.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the North 1/2 of the Northeast 1/4, lees ' the North 268.54 feet, less property described in Official Record Book 404, Page 504, less U.S. 41 right-of-way, and less that portion East of U.S. 41, as recorded in Official Record Book 1641, Page 2347. , • Rezoned from RMF-6, Residential Multi-Family Zoning i District to RSF-4, Residential Single Family Zoning District with the requirement to interconnect with A adjacent properties. i . ' Change Official Zoning Atlas Map 18516N 10 boor P53 r1r,348 UM MN NM 24. Legal Descriptions STRAP 1482517-001.000 further described as lying in Section 17, Township 46 South, Range 25 East, Collier County, Florida, the Northeast 1/4 of the Northeast 1/4 plus the North 1/2 of the Southeast 1/4 of . the Northeast 1/4 plus the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4, less the right-of-way, as ' ., recorded in Official Record Bock 610, Page 1174. Rezoned from RSF-3 and RSF-3ST, Residential Single Family Zoning District and Residential Single Family Zoning 1. District with Special Treatment Overlay, RMF-6 and 1: RMF-63T, Residential Multi-Family Zoning District and Residential Multi-Family Zoning District with Special Treatment Overlay, to RSF-3 and RSF-3ST,, Residential Single Family Zoning District and Residential Single Family Zoning District with Special Treatment Overlay, and RMF-6 and RMF-65T, Residential Multi-Family Zoning District and Residential Multi-Family Zoning District with r. Special Treatment Overlay, all with a maximum density of 3 units per acre. Change Official Zoning Atlas Map #8517M 25. Legal Descriptions STRAP 1462517-005.000 further described as lying in Section 17, Township 4e South, Range „ 25 East, Collier County, Florida, Mainland Government Lots 1, 2 and 3 lying East of Agreed Line in Official Record Book 68, Page 235, together with accretion attached thereto, plus the Southeast 1/4 of the Southeast 1/4, less the East SO feet and less the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 and less that portion. of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 17, Township 4$ South, Range 25 East, described as follouss From the Northeast corner of the Southeast corner of the Southeast 1/4 of the southeast 1/4 of said Section 17 run South 89' west for 30 feat to Point of Beginning, thence run South 69' West for 186.65 to a Tr. point on Bulkhead Line as shown on plat thereof, recorded in Bulkhead Line Plat Book 1, Page 7 of the Public Records of Collier County, Florida, thence run South 41' West for 133.10 feet along said bulkhead, thence run East for 120 t fest, thence run North 29' Last 275.72 fest to a point on • • West right-of-way line and State Road (5-865A), thence run west 220 feet to the Point of Beginning, as recorded in Official Record Book 238, Page 91, as recorded in Official 4 Record Book 610, Page 1174. Rezoned from RSF-3 and RST-35T, Residential single Family toning District and Residential Single Family zoning District with Special Treatment Overlay, and RMF-6ST, Residential Multi-Family Zoning District with Special Treatment Overlay, and RMV-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, and G-1, commercial Professional zoning District to RSF-3 end RS F-3ST, Residential single Family Zoning District and Residential Single Family Zoning District with Spacial Treatment Overlay, and RMF-6 and RMF-6ST, Residential Multi-Family Zoning District and Residential. Multi-Family Zoning District with Special Treatment Overlay, and RMF-12 and R14F-125T, Residential Multiple Family and Residential Multiple Family with Special Treatment Overlay, all with a 1 maximum density of 3 units per acre. •. Change Official Zoning Atlas Map #851711 and 185175 �?. BOW 1153M1-349 i' 11 , 11111 NM MN +` 26. Leal Descriptions STRAP #482530-002.000 further described as lying in Section 20, Township 4$ South, Range j-,- 25 East, Collier County, Florida, Mainland Governsasnt Lots 1, 2 and 3 lying East of Agreed Line in official Record Book 68, Page 215, together with accretion attached s thereto, the East 1/2 of the Northeast 1/4 plus the East 1/2 of the Southeast 1/4, less the East 50 feet and less k the South 90 feet, less Baker Carroll Point, less Wiggins I Pass Landings Unit 1, less Wiggins Pass Landin a Unit 1 Addition, ared less property described in Official Record Book 542, Pegs 447, as recorded in Official. Aswasd Book 610, Page 1174. Rezoned from BM ?' -6 and RM -6$T, Residential Mhilti-Family I ZonaDistrict and Residential Multi-Family Zoning District with Spacial Treatment Overlay and RMF-12 and lip!'-128T, Residential Multiple Family Zoning District and Resident .al Multiple Family Zoning Districst with Special ,f Treatment Overlay, and C-1 and C-1ST, Commercial Professional Zoning District and Commercial Professional Zoning District with Special Treatment Overlay to ►-6 and RMF-6S?, Residential Multi-Family Zoning District and Residential Multi-Family Zoning District with Spacial A Treatment Overlay, and RMF-12 and RMF-125T, Residential .r Multiple' Family and Residential Multiple Family with ::::::10:::::::n: pecial Treatment overlay, all with a maximus density of 3 units par aorta. Change Official Zon#ng ltlas Map •8 20N i 27.-« Legal Descriptions STRAP 1482520-005.000 furthasr .` described as lying in Section 20, Township 48 South, Range 25 East, Collier County, Florida, Beginningat the " intersection of the North boundary of Wiggins Pass , Landings Unit 1 and the mean high water line of the bay, run Northwesterly, Northerly and Northeasterly along said water line 2,920 feet to the right-of-way line of State 4 Road 865A, thence run South 1,670 feet, thence run West 200 fest, thence run North 163.77 feet, thence run West r 930 feat to Point of Beginning, as recorded in Official rs Record Book 610, Page 1174. te 11 Rezoned from RMCF-6 and RMtF-681, Residential Multi-Family zoning District and Residential Multi-Family Zoning District with Special Treatment Overlay, and RMT--138T Residential Multiple Family Zoning District with Special Treatment Overlay, and RMS'-16 and RMF-16ST, Residential • Multiple Family Zoning District and Residential Multiple Family Zoning District with Special Treatment Overlay to RMF-6 and RMF-6ST, Residential Multi-family Zoning District and Residential Multi-family Zoning District with Special Treatment Overly , and RMF-12 and RMF-12sT, Residential Multiple Family and Residential Multiple Family with Spacial Treatment Overlay, all with a maxims density of 3 units per acre. . Change Official Zoning Atlas Map #$520N and 185205 I ,? f%+ski ;;..:14: $ y h v `t, easy 1153 Pt 350 t '1'.4 12 a`. . 2.1. Legal Descriptions Lot 27, Block A, Myrtle Cove Acres, Unit 1, according to the plat thereof, recorded in Plat f ... 3 Book 3, Page 38 of the Public Records of Collier county, Florida. Rezoned from C-4, General Commercial zoning District to C-4, General Commercial Zoning District cubject to the following condition (CLX-023-SM): a. Principal structures shall be liaitot Lip. Three stories in height. Change Official Zoning Atlas Map 10629S o t 2. Legal Description: Lots 30, 31 and 32, Block 8, Myrtle Cove Acres, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. t4 Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-007-SN): a. Principal structures shall be limited to three stories in height. b. The subject property (all 3 lots combined) shall be served with one single access point onto U.S. 41 East, subject to FDOT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map #06293 3. Legal Dscription:" Lots 20 and 21, Block C, Myrtle Cove ,° Acres, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 34 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CIX-010-SN): a. Principal structures shall be limited to three stories in height. 11' b. Tha subject property (both lots combined) shall be served with one single access point onto U.B. 41 East, subject to FDOT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map 106298 4. Legal Description: Lots 22 and 23, Block C, Myrtle Cove Acres, Unit 1, according to the plat thereof, recorded in tip.. Plat Book 3, Page 38 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to. C-4, General Commercial Zoning District subject to the following condition so as to allow development compatible with surrounding properties: a. The subject property (both lots combined) shall be served with one single access point onto U.S. 41 East, subject to Fo4T and Collier County Transportation Services approvals. Change Official Zoning Atlas Map #06298 •Si 4..�, 13 Pa 351. i .. 5. Legal Descriptions Lots 1-3, Block D, Myrtle Cove Acres, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. Rezoned from C-4, General commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition so as to allow development compatible with surrounding properties: a. The subject property (all 3 lots combined) shall be • served with one single access point onto U.S. 41 110g, East, subject to FOOT and Collier County Transportation Services approvals. y • � Change Official Zoning Atlas Map /06295 •• 6. Legal Description: Lots 1, 2, 3, 4, and 5, Block One, Naples Manor Unit No. 1, as recorded in Plat Book 3, Page • 57, of the Public Records of Collier County, Florida, lass and except part of Lots 1 and 2 described as follows: Beginning at the intersection of the Northeasterly right-of-sway line of U.S. 41 with the Southeasterly line of Dixie Drive, said corner being the Southwesterly corner of Lot 1, Block One, Naples Manor Unit No. 1 as recorded in Plat Book 3, Page 57 of the Public Records of Collier County, Florida; thence along the Southeasterly line of Dixie Drive, Crossing a 25 foot wide Florida Power I Light `} Co's. utility easement North 50'-53'-40" East 25.0 feet; thence continuing North 50'-53'-40' East 140.0 feet; thence South 39'-06'-20" East and parallel to Floridan --Avenue- 160.63,-feet; thence South 50/-53'-40" West and • parallel to Dixie Drive 165.0 feet to the Northeasterly right-of-way line of U.S. 41; thence along said right-of-way line North 39'-06'-20" West 160.63 feet to the Point of Beginning. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-003-SN): a. A landscape buffer shall be provided along the entire • frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code (Ordinance 91-102) 7f• b. Principal structures shall be limited to three stories in height. 1. •� c. The subject property (all lots combined) shall only be served with ono single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map 10629N 4;• 7. Legal Description: Lots 1-4, Block 2, Naples Manor, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 'R;. 57 of the Public Records of Collier County, Florida A,ND STRAP 1502630-002.002 more particularly described as follows: Commencing at the Northwest corner of Section 29, Township 50 South, Range 26 East, Collier County, Florida; thence run South 02'48'10" West along the Westerly line of said Section 29 for 268.54 feet to the POINT OF BEGINNING: thence South 4a• 89'36'00" East for 24.87 feet; thence South 01'48'10" West for 432.49 feet to the Westerly Right-of-Way of Dixie Drive; 1'. thence South 50.57'30" West along said line for 24.29 feet to the Northerly Right-of-Way of the Tamiami Trail; thence North �. 14 eotootn 1 La PKL352 • 53 k 39'03130" West for 337.90 feet; thence North 50'56'30" East for 293.69 feat to the POINT OF BEGINNING as recorded in Official Record Book 1317, Page 1337. , , Rezoned fros C-a, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following ^y. conditions (CEX-014-SN/A) : %y a. No structures are permitted on Lot 4 or on the East 1/2 41' of Lot 3. b. A landscape buffer shall be provided along the north side of Lot 4 in accordance with Section 2.4.7, Alternative B, of the Collier County Land Development Code, except that the buffer shall be 25 fest wide. 4 a. Buildings are limited in height to two (2) stories not r * to exceed 35 feet. 4. A landscape buffer shall be provided along Dixie Drive .' in accordance with Section 2.4.7, Alternative 0, of the Collier County Land Development Code, except that the buffer shall be 15 feet wide. '. s. Access to the subject property is restricted to U.S. 41 t via the adjacent parcel to the west under the same ownership. f. The subject property, in conjunction with Parcels "A" and "B" described below which are currently under the same ownership as the subject property, shall be submitted and reviewed for development under a Unified f! Plan of Development (Sits Development Plan). g. The (first floor) building footprints) for the subject property is limited to a maximum of 16,000 square fest. Change Official Zoning Atlas Map 110629N and 10630 -II, Legal,Dssoriptiont ...Lots i. and 2 Block 1,. Naples Manor , :rM.. Addition, according to the plat thereof, recorded in Plat � Book 3, Pages 67-65 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, '�' General Commercial Zoning District subject to the following •f ` conditions (CUX-016-SN4): a. Shared access shall be provided between the lots with . one access point to U.S. 41, and a deceleration lane, ,``, if possible, may be required, subject to the approvals of FOOT and the County Transportation Services Department. Jt ' b. Principal structures shall be limited to three w stories in height. c. A landscape buffer shall be provided along the entire 4•'.•' frontage of Floridan Avenue in accordance with section 2.4.7.4, Alternative B, of the Land . Development Code. d. Access onto Floridan Avenue is prohibited. '•4 Change Official Zoning Atlas Map 106290 9. Legal Descriptions Lots 10, 11 and 12, Block 1, Naples Manor Annex, according to the plat thereof, recorded in Plat Book 1, Page 110 of the Public Records of Collier '-. County, Florida. . Rssoned from C-4, General Commercial Zoning District to "' C-4, General Commercial Zoning District subject to the . following conditions (CZX-032-6N): .1 a. A landscape buffer shall be provided along the entire '.N frontage of Floridan Avenue in accordance with c 15 sGvi n5:3 rwt 353 .17 Section 2.4.7.4, Alternative B, of the Land '.%• Development Code. b. Principal structures shall be limited to three stories in height. i a. The subject property (all lots combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map 80629N 10. Legal Description: Lots 3 4, 5 and 6, Block 1, Naples E • Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86-87 of the Public Records of Collier I County, Florida. 9.t Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-019-SN, CEX-020-SN, fS CEX-21-SN, and CEX-022-SN): a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. b. Principal structures shall be limited to three • stories in height. c. The subject property (lots 3-6 combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map #06298 11. Legal Description: STRAP #502616-055.000 further described as iying• in section 16, Township S0 South, Range. 26 East, Collier County, Florida, the West 65 fest of the East 325 feet of the West 520 feet of the West 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the right-of-way described in Official Record Book 780, Page 112, as recorded in Official Record Book 614, Page 1054 . Rezoned from RM7-6, Residential Multi-Family Zoning • District to RSF-3, Residential Single Family Zoning 4 District. Change Official Zoning Atlas Map #06168 12. Legal Description: STRAP #502616-064.000 further described as lying in Section 16, Township 50 South, Range 26'East, Collier County, Florida, the East 130 feet of the South 1/2 of the North 1/2 of the Southwest 1/4 of the . Southeast 1/4, less the North 30 feet for right-of-way, as • recorded in Official Record Book 1118, Page 832. Rezoned from RNF-6, Residential Multi-Family Zoning District to RSF-3, Residential Single Family Zoning District. Change Official Zoning Atlas Map 806168 13. Legal Description: STRAP #502616-110.000 further described as lying in Section 16, Township 50 South, Range 26 East, Collier County, Florida, the East 65 feet of the ' West 195 feet of the North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the South 30 feet . for right-of-way, as recorded in Official Record Book 608, • Page 219. 16 , r, 1153 n 354 UM 1 .4 Rezoned from RNR-6, Residential Multi-racily Zoning `t ' District to 557-3, Residential Single Easily Zoning 4 District. • ' Change Official Zoning Atlas Nap 106168 ' 14. Legal Description: STRAP 1502616-211.000 further described as lying in Section 16, Township 50 South, Range a,9 26 East, Collier County, Florida, the West 195 feet of the e‘ South 1/2 of the North 1/2 of the Southwest 1/4 of the ;K° Southeast 1/4, less the North 30 feet, as recorded in official Record Book 1696, Page 1666. y' : . Rezoned from RM7-6, Residential Multi-Family Zoning t.`; District to.RSF-1, Residential Single Family Zoning District. k Change official Zoning Atlas Map 106168 15. Legal Descriptions STRAP /502617-014.000 further described as lying in Section 17, Township 50 South, Range 26 East, Collier County, Florida, the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4, less the South 30 teat, as recorded in Official Record Book 932, Page 1425. 4' Rezoned from 811-6, Residential Multi-featly Zoning District to RN7-6, Residential Multi-racily Zoning District with a maximus density of 3 units per acre. ' Change Official Zoning Atlas Map 10617N % ;.°... ---lf. .Legal Descriptions STRAP 11502617-024.000 further . ,, y described as lying in Section 17, Township 50 South, Range 26 East, Collier County, Florida, the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4, less the North 30 feet for right-of-way, as recorded in :' Official Record Book 868, Page 1273. 0 Rezoned froa m7-6, Residential Nelti-racily Zoning District to RN7-6, Residential fulti-Family Zoning 11" District with a maximum density of 3 units per acre. r( Change Official Zoning Atlas Nap 1061711 , 17. Legal Descriptions STRAP 1502633-003.003 further a'' described as lying in Section 33, Township S0 South, Range 26 East, Collier County, Florida, commence at the Southeast corner of Section 33, thence run North 49' West „ 218.47 feet, the..Ce run North 54'' West 320 feet to Point of-Beginning, cosi ince Northwesterly 240.29 feet, thence run South 35' West 400 feet, thence run Easterly along the Section line 32s feet, thence run North 43.12 feet, thence V. run North 35' East 175.57 feet to the Point of Beginning, as recorded in Official Record Book 515, Page 322. R .x Rezoned from C-3, Commercial Znternediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to , r the following condition (MC-olio-so): [1 a. Access to the subject property shall be provided from �,+. a frontage road or the owner of the subject property shall make provisions for shared access with the t. ` N, adjoining development to the west - so as to limit t the number of access points on U.B. 41. "II.. . Change Official Zoning Atlas Kap 10633$ ;3 is ..t 17btt4g f i3 to :355 • ,,, 18. Legal Description: STRAP /502633-007.000, further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commencing at the Southwest corner of Section 33, run North 2' East along the West Section line ,' 1,321.37 fest, thence run East 2,438.42 feet, thence run North 54' West 590.48 feet to Point of Beginning, thence continue North 54' West 200 feet, thence run North 35' East 400 feet to the South right-of-way line of U.S. 41, thence run South 54' East along the right-of-way line 200 feet, °•~' thence run South 35' West 400 fest to Point of Beginning, as 'f. recorded in Official Record Book 1275, Page 2263. s Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to ;; 1 the following condition (CEX-042-SN) : a. Access to the subject property shall be provided from a frontage road or the owner of the subject property G shall sake provisions for shared access with the adjoining development to the west - so as to limit 'Ar the number of access points on U.S. 41. Change Official Zoning Atlas Kap 106335 s. 19. Legal Description: STRAP 1502633-008.000 further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of • Section 33 and run North 2' East 1,321.37 feet, thence run East 2436.42 feet, thence run North 54' West 790.48 lest to j: the Point of Beginning, continue North 54' West 200 fast, thence run 35' East 400 feet to the South right-of-way line of U.S. 41, thence run 54' East along the right-of-way line `- 200 feet, thence run South 35' West 400 feet to the Point of , ,.. Beginning, as recorded in Official Record Book 1213, Page 1 %. 1106. Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to the following condition (CEX-017-SN): a. Access to the subject property shall be provided from • a frontage road or the owner of the subject property • shall make provisions for shared access with the adjoining development to the east - so as to limit the number of access points on U.S. 41. Change Official Zoning Atlas Nap 10633S 20. Legal Description: STRAP /502633-010.000 further described as lying in Section 33, Township 50 South, Range '• 26 East, Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 2' East 1,321.37 feet, thence run East 2438.42 feet, thence run • South 54' East 109.52 feet to the Point of Beginning, thence run North 35' East 400 feet to the Southerly • right-of-way line of State Road 90 (U.S. 41), thence run t, 54' East 300 feat, thence run South 35' West 400 feet, t thence run North 54' West 300 feet to the Point of ,., Beginning, as recorded in Official Record Book 523, Page 210. Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to • the following condition (CEX-043-SN): • a. Access to the subject j property shall be provided from a frontage road or the owner of the subject property shall make provisions for access from the adjacent 60 w, 18 not n53 Pia 356 't L , 'I - 11 , '. toot right-of-way easement - so as to limit the number of access points on 0.8. 41. Change Official Zoning Atlas flop 106336 21. Ugai Description: STRAP 1502633-010.001 further described as lying in Section 33, Township 50 South, Rang* 26 East, Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 1321.37 feet, thence run East 2,438.42 feet to the Point of Beginning, thence run North 54' r: West 90.48 fest, thence run North 35' East 400 feet to the e Southerly right-of-way line of State Road 90 (U. S. 41), K. thence run South 54' East 200 fest, thence run South 35' West 400 teat, thence run North 54' West 109.52 feet to the Point k of Beginning, as recorded in Official Record Book 1089, Page 984. Rezoned from C-3, Commercial Int*mediate Zoning District to C-3, Commercial Intersadiate Zoning District subject to the following condition (CEX-004-SN)s a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall sake provisions for shared access the adjoining _, devel©peent to the west - so as to limit the number of access points on U.S. 41. • Change Official Zoning Atlas Nap 106338 22. Legal Descriptions STRAP 1502433-012.000 further described as 1 ing in Section 33, Township 50 South, Range 26 East, i . Collier County, Florida, commence at the Southeast corner of . Section 33. thence run North 84'' West 218.47 feet to the • ' ' --- AL Southwesterly right-of-way line of U.B. 41, thence run North 54' West 466.95 feet, thence run North 54' West 1,893.34 feet to the Point of Beginning, thence run South 35' West 400 1111- feet, thence run South 54' East 400 feet, thence run North 35' beet 400 feet, thence run North 54' West 400 feet to the Point of Beginning, as recorded in Official Record Book 1553, Page 1192. Rezoned from C-3, Commercial Intermediate Zoning District, • 1 to C-3, commercial Intermediate Zoning District subject to s, the following condition (CLX-013-SN): +. a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for primary access from the adjacent 60 foot right-of-way easement - so as to limit the number of access points on U.S. 41. • Change Official Zoning Atlas flap 106335 23. Legal Deseriptiens STRAP #502633-012.001 further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southeast corner of Section 33, thence run West 219.47 feet to the ia Southwesterly right-of-way line of Tamia*i Trail (U.S. 41), thence run North 54' West 466.95 feat, thence continue North 54' West 493.34 test to the Point of Beginning, thence run South 35' West 400 feet, thence South 54' East 400 feet, >z, thence run North 35• East 400 feet to the Trail right-of-way , line, thence run North 54' West 400 feet to the Point of ��- Beginning, as recorded in Official Record Book 1271, Page i; : 119S. r,a.i Ns n53fa357 19 �t. , TC Rezoned from C-3, Commercial Intermediate Zoning District, • to C-3, Commercial Intermediate Zoning District subject to , .,' the following condition (CEX-001-11N): �� a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access with the adjoining development to the east so as to limit the number of access points on U.S. 41. k Change Official Zoning Atlas Nap 106335 • 24. Legal Descriptions STRAP 0502633-015.000 further described as lying in Rection 33, Township 50 South, Range 26 East, y. Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 2' East 1,321.37 feet, thence a run South 89' East 2,438.42 feet, thence run North 54` West �6 90.48 feat to the Point of Beginning, thence continue North 3t 54' West 500 fest, thence run North 35' East 400 feet to the 1. • South right-of-way line of U.S. 41, thence run South 54' East 500 feet, thence run South 35' West 400 teat to Point of Beginning, as recorded in Official Record Book 1240, Pages 2135-36 . '�,... Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, commercial intermediate Zoning District subject to :- the following condition (CEX-002-SN): .'i; a. Access to the subject property shall be provided from i a frontage road or the owner of the subject property shall make provisions for shared access with the adjoining development to the east - so as to limit i the number of access points on U.S. 41. Change Official Zoning Atlas Map 106335 fi=, 25. Legal Descriptions STRAP 1512603-005.002 further described as lying in Sections 3 and 10. Township 51 South, Pangs 26 East, Collier County. Florida, commence at 1 the Southwest corner of Section 3 and run Zest 840.76 feet to the Point of Beginning, thence run North 10' East 240 feet, thence run south 79' Last 40 feet, thence run North . 10' East 57.04 feet thence run North 77' East 471.35 feet to the Westerly right-of-way line of S.R. 951, thence run r South 395.65 feet to the South line of said Section 3, Y. thence continua South 256.83 feet, thence run North 67' West 30 feet, thence run South 2' West 132.10 feet to the centerline of County Drainage Easement, according to an instrument recorded in Official Record Book 76, Page 127 of the Public Records of Collier County, Florida, thence run Southwesterly 620 feet more or lass, along said centerline of easement, thence run North 2• East 750 feet ' to the Point of Beginning, less proposed realignment of B.R. 901 recorded in official Record Book 1200, Page 1258, as recorded in Official Record Book 160, Pages 523-24. ' Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following Conditions (CEX-015-SN)s I,. a. All structures are limited to a eaxieun height of 30 :;• feet. t .;b . All parking lot/security lights shall be oriented so = ;x, as not to produce direct glare onto adjacent s1 non-coamercial zoned properties. � ; c. The main access shall be by private roadway !roe Tower Road. The intersection centerline of said I ' 20 t: W 1 roadway shall be at least 300 test west of the ;, westerly right-of-way line of S.R. 951. 4. A secondary access from Tower Road would be approved : ,5; subject to the following additional conditions and '''. restrictions: 1) This centerline of the access must be at least 150 feet west of the westerly right-of-way line of S.R. 931. 2) The secondary access shall be limited to an exit only unless Tower Road is rebuilt to accommodate a left turn in at the primary access along with an • additional through lane. It such additional lanes .12 are constructed, a positive median barrier shall be A incorporated into the design such that the secondary access will be a right-in/right-out only. h, e. Access to or from S.R. 951 shall be subject to Florida Oepartaent of Transportation approval and permitting. Such access shall be limited to right-in/right-out with additional compensating right-of-way, if so required by ?:4 EDOT, dedicated for the right turn lane and for drainage relocations. f. Any and all outparcels shall be served by internal access only, except as provided in itsm "fel above. g. A 20 feet setback shall be provided from Tower Road, in ° which no vehicle use areas or structures ars permitted, ' `' for possible future right-of-way or access easement. 4• • Landscape buffer shall be provided as required in Section 2.4.7 of the Land Development Code. The entire buffer area and plantings, as required by the LDC, must remain intact outside of the right-of-way setback area. h. The property owner/developer shall sake a fair share contribution towards the cost of signalization at the • intersection of Tower Road and B.R. 931 if and when signalization,isNrequ,irad. The signal shall beowned- and operated by Collier County. i. The property owner/developer shall make a fair share contribution towards the cost of providing a turn lanes) on 8.R, 951 at its intersection with Tower Road r if and when a turn lane(*) is required. j. The property owner/developer shall maks a fair share contribution towards the cost of providing a bike path/sidewalk on B.R. 951 and Tower Road if and when a • t bike paths)/sidewalk(s) is required. .1 Change official Zoning Atlas Map 016038 and 116101 t, 26. Legal Description: STRAP 1512610-004.000 further described as lying in Section 10, Township 51 South, Range 26•East, Collier County, Florida, begin at the Northwest • corner of Section 10, thence run East 412.3 feet to the Point of Beginning, continue East along the North line of ' said Section 428 feet more or less to Tide Creek, thence sun southerly along with Tide Creek 730 feet more or less *- to the North bank of Henderson Creak, thence run Southwesterly along the North bank of Henderson Creek to a point directly South of the Point of Beginning, thence run North 1 096 feet more or less to the Point of Beginning, less existing road rights-of-way, as recorded in Official " ' Record Book 648, Page 81. Resoned from C-3 and C-38T, Commercial Intermediate Zoning District and Commercial Intermediate Zoning District with Special Treatment Overlay to C-3 and C-38T, Coemeroial Intermediate Zoning District and Commercial Intermediate •, Zoning District with Special Treatment Overlay subject to the following conditions (CEM-026-5N/A) e. _. 21 OW P53 rfc 359 .$. P R. I 1 4 a. The following C-3 uses have a 130 feet setback from ''. the westerly property line abutting A, Rural Agricultural zoned property: gasoline service stations convenience food atoret and fast food restaurant. ' b. All structures are limited to a maximum height of 35 tv feet. a. All parking lot/security lights shall be oriented so I as not to produce direct glare onto adjacent non-commercial zoned properties. T d. The setback from the west property line abutting A, ;' Rural Agricultural zoned property shall be a minimum tip. of 50 feet. e. A landscape buffer shall be provided along the west property line abutting A, Rural Agricultural zoned property in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. Existing native vegetation can be utilized in meeting this requirement as provided for in the Coda. :G" f. Only one access point is allowed on Tower Road. ,} q. Any and all outparcels shall be served by internal .xaccess only. h. A 20 foot setback shall be provided from Tower Road, to. in which no vehicle use areas or structures are permitted, for possible future right-of-way or access easement. Landscape buffer shall be provided as required in Section 2.4.7 of the Land Development �y. Cods. The entire buffer area and plantings, as ; required by the Land Development Code, must remain intact outside of the right-of-way setback area. i. The property owner/developer shall make a fair share contribution towards the cost of signalization at the intersection of Tower Road and S.R. 951 if and when signalization is required. The aignal shall be owned and operated by Collier County. ; : j. The property owner/developer shall make a fair share contribution towards the cost of providing a turn Z• lanes) on B.R. 951 at its intersection with Tower Road if and when a turn lanes) is required. Y! k. The property owner/developer shall make a fair share contribution towards the cost of providing a bike ', path/sidewalk on Tower Road if and when a bike r. path/sidewalk is required. Change Official Zoning Atlas Map 11610N 27. Legal Description: STRAP 1512610-008.000 further described as lying in Section 10, Township 51 South, Range 26 East, Collier County, Florida, Beginning 1,089 feet East and 906 ji feet North of the Southwest 1/4 corner of the Northwest 1/4, f thence run Eaat 280.5 feet, thence run North 1,651.5 feet to the south bank of Henderson Creek, thence run Southwesterly ' along the bank to a point North of the Point of Beginning, +. thence run South 1,272 feet to the Point of Beginning, less a the South 700 feet, as recorded in Official Record Book 1383, Pages 293-294. AND STRAP 4 512610-009.000 further described as lying in Section ,. 10, Township 51 South, Range 26 East, Collier county, Florida, commence 1,089 feet East of the West 1/4 corner and run Northerly 30.01 feet to the Point of Beginning, then � continue Northerly 876 feet, thence run Easterly 9.38 feet, ,� thence run Southerly 146 feet, thence run Easterly 271.12 I. feet to the Westerly right-of-way line of State Road 951, f thence run Southerly along the Westerly right-of-way 730.18 �. feet, thence Westerly 280.5 feet to the Point of Beginning, as recorded in Official Record Book 1381, Pages 293-294. 4 ,. 22 1004 1153►41 360 {:t I a. 11. 1 144 AND STRAP 0512610-010.000 further described es lying in Section 10, Township 51 South, Range 26 East, Collier County, Florida, commence 1,089 feet East of the West 1/4 corner, thence run North 30 feet to the Point of Beginning, continue t"8° Northerly 876 feet, thence run Easterly 9.38 feet, thence run Northerly 99.98 feet, thence run Westerly 8.54 feet, thence :' run Northerly 200 feet, thence run Easterly to the Southerly r ., easement line of 100 foot drainage canal described in official Record Book 67, page 526, thence run Westerly along the Southerly easement line 293.74 feet, thence run Southerly to the Point of Beginning, as recorded in Official Record `• Book 1383, Pages 293-294. Rezoned frail C-4, General Commercial Zoning District to C-3, ; ` . Commercial Intermediate Zoning District subject to the following conditions (CEX-033-SN): a. All structures are limited to a maximum height of 30 feet. r b. All parking lot/security lights shall be oriented so .c R„ as not to produce glare onto adjacent non-camseroisl t t; zoned properties. o. The setback from the rear (west) property line (abutting property currently zoned A, Rural Agriculture') shall be a minimum of 50 feet. d. A landscape buffer shall be provided along the vest ti property line in accordance with Section 2.4.7.4, Alternative C, of the Land Development Code. Change Official Zoning Atlas Map 91610N 28. Legal Description: STRAP 0512610-011.002 further described as lying in Section 10, Township 51 South, Range 26 East, Collier County, Florida, the North 1/2 of the North 1/2 of the Southwest 1/4, lying West of State Road t.' 931, less the proposed realignment of State Road 951, as recorded in Official Record Book 185, Page 925. Rezoned from TTRVC, Travel Trailer-Recreational Vehicle Campground Zoning District and C-4, General Commercial • )i. Zoning District to TTRVC, Travel Trailer-Recreational Vehicle Campground Zoning District.. Change Official Zoning Atlas Kap 016105 p , • • �; a Boa x.53?� 361 23• pi st 11111 41111 11111 , t 1. Legal Description: Lots S-e, Col-Lee-Co Terrace, according , " to the plat thereof, recorded in Plat Book 1, Page 32 of the F Public Records of Collier County, Florida. Rezoned frog C-4, General Commercial Zoning District to C-4, ., General Commercial Zoning District subject to the following ' condition (CUX-0Oe-SM): ` ry•. a. Building heights are limited to a maximum of 35 feet. 4 '1''' Change Official Zoning Atlas Map 105118 &f 4. %'• 2. Legal Description: Lots 20-30, Col-Lee-Co Terrace, according to the plat thereof, recorded in Plat Book 1, Page 32 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Coaserciai Zoning District subject to the following condition (CEX-009-BM): a. The subject lots (all lots combined) shall be planned ,•" for development under one Site. Development Plan (SDP) with any access to U.B. 41 subject to approval by Collier County Transportation Services and the Florida Department of Transportation. Any access off at Federick Street as part of the SDP shall be ' subject to approval by Transportation Services. i Change Official Zoning Atlas Kap 105110 3. Legal Description: Lots 31-34, Col-Las-Co Terrace, according to the plat thereof, recorded in Plat Book 1, Page 32 at the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition (CEX-010-EN): a. The subject lots (ell 4 lots combined) shall be planned for development under one Site Development • Plan (SDP) with any access to U.B. 41 subject to approval by Collier County Transportation Services and the Florida Department of Transportation. Any access off of Federick Street as part of the SDP shall be subject to approval by Transportation Services. Change Official Zoning Atlas Map 10511N p_ 4. Legal Description: Lots 1-4, Demere Landing, according to . s. the plat thereof, recorded in Plat Book 4, Page 14 of the ,i Public Records of Collier County, Florida. `•" • . Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the r; • following conditions (CEX-019-EM) J ry• .. 24 4001f453/%4112 ``it F { • .11 �•• a. Principal structures shall be limited to a maximum height of 3 stories. `' i, b. The subject lots (all 4 lots combined) shall only be ;; +'. served by a single access from Bayshora Drive, no + r:. lass than 180 tent from the southern right-of-way line of the intersection of Becca Avenue and Bayshore ,, Drive. . Change Official Zoning Atlas Map #05119 1 ;. 5. Legal Description: Lot 5, Demers Landing, according to the plat thereof, recorded in Plat Book 4, Page 14 of the Public Z • Records of Collier County, Florida. , Rezoned from C-4, General Commercial Zoning District to 1 •: C-4, General Commercial Zoning District subject to the t '. following conditions (CEX-016-EN) : a. Principal structures shall be limited to a maximum 4 height of 3 stories. ; t• b. The subject property shall be permitted a single i . access on Bocce Avenue. However, if the subject property is combined with Lots 1-4 to the south as a unified plan, then access shall be limited to a single point on Bayshora Drive no less than 180 feet from the southern right-of-way line of the intersection of Becca Avenue and Bayshora Drive. Change Official Zoning Atlas Map #05115 4 • 6. Legal Description: Lot 1, Jonesville, according to the plat thereof, recorded in Plat Book 4, Page 41 of the Public Records of Collier County, Florida. Rezoned from C-5, Heavy Commercial Zoning District to C-3, Commercial Intermediate Zoning District so as to allow development compatible with surrounding properties (CLX-023-EN) . Change Official Zoning Atlas Map 10523N • 7. Legal Description: Lots 1-37, 41, 45 and 46, Linda Park, according to the plat thereof, recorded in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi-Family Zoning District to RSF-6, Residential Single Family Zoning District so as to allow development compatible with r; surrounding properties. Change Official Zoning Atlas Map 10514N E • 8. Legal Descriptions Lot 68, Naples Grove and Truck Company's Little Farms 12, according to the plat thereof, ' 4 '- recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. i,' Rezoned from RMF-6, Residential Multi-Family Zoning District to RSF-3, Residential Single Family Zoning �,. District. Change Official Zoning Atlas Map 10523S 'Cr 9. Legal Description: Lots 74 and 75, Naples Grove and Truck il Company's Little Farms 12, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. t 25 mmt t '+JJ PW..)1) • ' Rezoned tram RMF-6, Residential Multi-Family Zoning .::::.7.11, District to RSF-3, Residential Single Family Zoning :., District. Change Official Zoning Atlas Map 105235 J_ ,R 10. Legal Descriptions Lot 95, Naples Grove and Truck �„ Company's Little Farms 12, according to the plat thereof, • recorded in Plat look 1, Page 27A of the Public Records of Collier county, Florida. Rezoned from RM►-6, Residential Multi-Family Zoning District to RS7-4, Residential Single Family Zoning ',; District with a maximum density of 3 units per acre. r Change Official Zoning Atlas Map 10523( i 4 ' li. Legal Description: Lot 103, Maples Grove and Truck Company's Little Farms 12, lass the East 1,110 fest, according to the plat thereof, recorded in Plat book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from R5F-3, Residential single Family Zoning District to Rl(F-6, Residential Multi-Family Zoning District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map 105148 i. 12. Legal Descriptions Lots 105 and 106, Naples Grove and Truck Company's Little Farms 12, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. q Rezoned from C-4, General Commercial Zoning District and RM'-6, Residential Multi-Family Zoning District to 0(7-6, Residential Multi-Family Zoning District with a maximum density of 3 units per acre. +' Change Official Zoning Atlas Map 105148 ;F 13.. Legal Description: A parcel of land being a portion of , Lot 108, Maples Crave and Truck Company's Little Farms 12 , (Parcels 108.1 and 108.2), according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida, being sore particularly described as the North 273.44 feet of the Nest 425 feet of Lot 10$, less belly Road right-of-way. Rezoned from C-4, General Commercial Zoning District, and MN, Mobile Hose Zoning District to C-2, Convenience Commercial Zoning District, and NH, Mobile Homs Zoning District subject to the following conditions (CEX-003-EN): ' a. The subject property shall be limited to a single access along the southern boundary of the property abutting the vacated Kelly Court. No additional access points shall be permitted onto bayshore Drive. Change Official Zoning Atlas Map 105148 14. Legal Description; A parcel of land being a portion of Lot 109, Naples Grove and Truck Company's Little Farms 12, (Parcel 109.1), according to the plat thereof, recorded in Plat book 1, Page 27A of the Public Records of Collier County, Florida, being more particularly described as the - 26 MI P53?Mt364 :j 4 West 425 feet of Lot 109, less the Last 200 feet, as recorded in Official Record Book 1561, Page 1401. Rezoned tram C-4, General Commercial Zoning District, and POE, Mobile Home Zoning District to C-2, Convenience commercial Zoning District, and MN, mobile Hone Zoning #�. District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map #05148 15. Legal Descriptions The North 400 feet of Lot 124, Naples Grove and Truck Company'. Little Farms #2, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. €"' Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following condition (CEX-030-EN): a. All structures are limited to a maximum height of two (2) stories. Change official Zoning Atlas Map 10511N and 105119 16. Legal Descriptions The North 541.3 feet of the Zest 227.5 feet of Lot 125, Naples Grove and Truck Company's Little Farms #2, as recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to . C-1/T, Commercial Professional/Transitional Zoning District subject to the following Conditions (CEX-0,11-EN/A)1 a. All structures shall be limited to a maximum height of two stories - including underbuilding parking. ,'. b. The subject property shall be limited to office uses only. c. The access road to serve the subject property shall be located along the west boundary of the site. Change Official Zoning Atlas Map 1051111 and #05113 17. Legal Descriptions A portion of Lot 125, Naples Grove and Truck Company's Little Farms #2, as recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida more particularly described as follows, Begin at the ; ; Northwest corner of Lot 125 of Naples Grove and Truck Company's Little Farms No. 2 as recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida, thence run Southerly along the Westerly line of said Lot 125, for a distance of 671.30 feet, thence run Easterly, parallel with the Northerly line of said Lot 125, for a distance of 277.50 feat to the Easterly line of said Lot 125, thence run Northerly along the Easterly line of said Lot 125, for a distance of 130.00 feet, thence run Westerly, parallel with the Northerly line of said Lot 125, for a distance of 227.50 test, thence run Northerly, parallel with the Easterly line of said Lot 1251 thence run Westerly along the Northerly line of said Lot 125, for a distance 541.30 feet to a point on the Northerly line of said Lot 125, for a distance of 50.0 feet to the Point of Beginning, containing 1.44 acres, more or less. Rezoned from C-3, Commercial Intermediate Zoning District to RMP-6, Residential Multi-Family Zoning District subject to r the following conditions (CEX-Doi-Ef/A): 27 YI 190r 't53►xrt. y:. a. All structures shall be limited to a maximum height of two stories - including underbuilding parking. b. A landscape buffer shall be provided along the west property line in accordance with Section 2.4.7, AlteCods,, exceptnative Hthat the bufferof the rshalltbeL25 feetnd Development width. Change Official Zoning Atlas Map # 0511N and #0511$ 4 : , . 18. Legal Description: Lots 147-153, Naples Grove and Truck Company's Little Farms #2, less the South 75 feet, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. i . Rezoned from RM7-6, Residential Multi-Family Zoning District to RMF-6, Residential Multi-Family Zoning District with a maximum density of 3 units per acre. Change Official Zoning Atlas Map #0501$ ` f 19. Legal Descriptions STRAP #502502-014.000 further described as lying in Section 2, Township 50 South, Range 25 East • Collier County, Florida, the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4, less the highway, and lees property described in Official Record Book 453, Page 550 and Official Record Book 553, Page 9, as recorded in Official Record Book 630, Page 1693. f Rezoned from C-4, General Commercial Zoning District to C-4, J, General Commercial Zoning District subject to the following condition (CEX-015-EN): a. A landscape buffer shall be provided along the north property line of the northernmost parcel in ':A• accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. Change Official Zoning Atlas Map 105025 20. Legal Description: STRAP # 502512-010.000 and further described as: Parcel One - The East-half (E-1/2) of the following described lands situate, lying and being in the • West-half of Section 12, Township 50 South, Range 25 East, of Collier County, Stats of Florida: From the Southwest corner of Section 12, run North 0.18'50" Nest in the West line of Section 12 a distance of 2506.24 feet; thence run North 89'41'10" East a distance of 70.0 feet to East right-of-way line of State Road #5-858 and the POINT OF BEGINNING of this description: Thence run North 89'41'10" East a distance of 1320 feet; thence run North 0'18'50" West a distance of 330 feet: thence run south 89'41010" West a distance of 1320 feet to East right-of-way line of State Road #5-858; thence run South 0'18'50" East a 7' distance of 330 feet to the POINT OF BEGINNING. Parcel Two - The following described lands lying, situate and being in the West-halt of Section 12, Township 50 South, Range 25 East, Collier County, State of Florida: From the fr Southwest corner of Section 12, run North 0'18'50" West in the West line of Section 12 a distance of 2836.24 feet; thence run North 89'41'10" East a distance of 70.0 feet to East right-of-way line of State Road #5-858 and the POINT OF BEGINNING of this description: Thence run North 89'41'10" East a distance of 1320 feet; thence run North 0'18'50" West a distance of 330 fest; thence run South 89'41'10" West a distance of 1320 feet to East right-of-way line of State Road #8-858; thence run South 0'18'50" East a distance of 330 feet to the POINT OF BEGINNING. Parcel Three - The following described lands '1 1,• { 28 Al : Boor n$3 rict 366 4 situate, lying and being in the West-half of Section 12, � . Township 50 South, Range 25 East, of Collier County, State of Florida; From the Southwest corner of Section 12, run North 0.1$150" West in the Nest line of Section 12 a distance of 3166.24 feat; thence run North 19.41'10' East a distance of 70.0 feet to test right-of-way line of State Road 15.451 and the POINT OF BEGINNING of this descriptions Thence run North $9.41110N East a distance of ;° 1320 feet; thence run North 0.15'90" West a distance of 330 feet: then. run South $9.41010" West a distance of 1320 feet to East right-of-way line of State Road IS-$55s thence run South 0•111.50* East a distance of 330 teat to ' , the POMP;' OF BEGINNING, as recorded in Official. Record Book 253, Page 575. AND ' STRAP f 502512-011.000 and further described as Commencing ` at the Southwest corner of Section 12, Township 50 South, Range 25 East, Collier County, Florida; thence run North 3,496.24 feat; thence run East 70 feet to the POINT or BEGINNING of the lands herein described; thence continue East 1320 feet; thence run North 330 feet; thence run West 1320 fest; thence run South 330 feet to the POINT of 4,% BEGINNING, as recorded in Official Record Book 310, Page 515. Resoned from C-4, General Commercial Zoning District and R00!-6, Residential Multi-racily Zoning District to C-3, Commercial Intermediate Zoning District and RMT-6, Residential Multi-really Zoning District subject to the following conditions (CEX-020-EJ/A)t a. Thi following uses are prohibited; Gasoline Service Station; Test Food Restaurant; Convenience Food Store. b. structures located on the commercial portion of the subject property are limited to a maximus height of 3 • stories. a. The side yard setbacks on the commercial portion of the subject property shall be thirty (30) feet. l° d. A landscape buffer shall be provided along the frontage of Airport-Pulling Road in accordance with Section 2.4.7 of the Land Development Code, Alternative D, except that the width shall be twenty (20) teat. Change Official Zoning Atlas Nap 10512N and 105125 t h r• . ., moor R53 PAR 367 29 (t,. , t: r, I MOM 6MMIII I f 5n a1 Nanlea Planninc +nit I r-4... 1. Legal Descriptions Block C, Cypress Woods Rotates plat 12, • , according to the plat thereof, recorded in Plat Book 4, Page 30 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi-Family Zoning Dietrict to RMT-6, Residential Multi-Family Zoning District with a maximus density of units per acre. �}' Change Official Zoning Atlas Map 19522N 2. Legal Descriptions The East 1,413 test of Lot 72, Naples Improvement Company Little Farms, less right-of-way, according to the plat thereof, recorded in Plat Book 2, Page 2 of the Public Records of Collier County, Florida. �; Rezoned from RMF-6, Residential Nulti-FamilyZoning District to RMF-6, Residential Multi-Family Zoning District subject to the following condition•: • a. The subject property is limited to a maximum density • ; of 3 units per acre. b. Staff is authorised to limit building heights to two ":, stories, if deemed appropriate and necessary to t: insure compatibility with nearby properties, during review of the Sits Development Plan(s). [ .: ti Changs Official Zoning Atlas Map 19522N 3. Legal Descriptions Lots 126, 130, 132, 134, 136 and 136, I ;' Rosemary Heights Addition, according to the plat thereof, recorded in Plat Book 1, Page 76 of the Public Records of Collier County, Florida. k;., Rezoned from I, Industrial Zoning District to C-1, Commercial Professional Zoning District (CLX-001-CN). , , :' Change Official Zoning Atlas Map 195228 I i 4. Legal Descriptions STRAP 1492534-006.000 further described as lying in Section 34, Township 49 south, Range • .r,. 25 Last, Collier County, Florida, the Southeast 1/4 of the Northeast 1/4 lying Nest of the creek, lass property described as: Beginning at the intersection of the East boundary of Stortsr Subdivision with the North right-of-way line of a canal, thence run North 149 feet, thence run East 133 feet to the river, thence run Southeasterly along mean high water line to the East extension of the North right-of-way line of the canal, ! •" thence run West to Point of Beginning: less property • described in Official Record Book 753, Page 1016, and less the canal lying between the aforementioned two parcels. Rezoned from RMF-6, Residential Multi-Family Zoning •''� District to RMF-6, Residential Multi-Family Zoning • District with a maximum density of 3 units per acre. Changs Official Zoning Atlas Map 19534N • r. • i } a• 1153 ea 368 ` ..: 30 Wit . I p.• t. 1. Legal Description: STRAP i 512610-102.000 further described as all that part of Section 10, Township 51 South, Range 26 East, Collier County, Florida and being sora particularly described as follows: Commencing at the intersection of the present Easterly right-of-way line of f ' S.R. 951 with the Northerly line of the Southeast 1/4 of the Northwest 1/4 of Section 10, Township 51 South, Range 26 East, Collier County Florida, thence along said Easterly right-of-way line South 0--24'-33" West 30.01 feet to the South right-of-way line of C.R. 31, thence along said South right-of-way line and 30 feet South of and parallel with the Northerly line of the Southeast 2/4 of the Northwest 1/4 of said Section 10, North 88'-42'-20" East 500.00 feet to the Northwest corner of Gulf Winds East Unit 1, a condominium as recorded in Condominium Plat Book 4, Pages 253 and 154, Collier County Public Records, • Collier County, Florida, thence along the West line of said Gulf Winds East, South 0'-24'-33* West, 706.32 fest r. to the Southwest corner of said Gulf Winds East and the Point of Beginning of the parcel herein described; thence along the South line of said Gulf Winds East North 88'-42'-20* East 849.37 feet; thence along the East line of said Gulf Winds East Worth 1'-17'-40" west 706.05 feet to the South right-of-way line of said C.R. 31, thence along said South right-of-way line and 30 fest South of and parallel with the North line of the Southwest 1/4 of the Northeast 1/4 of said Section 10, North a8'-40'-4600 East 1262.77 feet to the East line of the Southwest 1/4 of the Northeast 1/4 of said Section 109 thence along said East line South 0'-05'-0700 East 1339.16 feet; thence along the East line of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 10, South 0'-03'-33" test 644.81feat; thence along the South line of the North"1/] of the Northwest 1/4 of the Southeast 1/4 of said Section 10, South 88'-45'-4000 West 1369.16 fest; thence along the South line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 10, South 88'-45'-5400 West 739.18 feet; thence along a line which lies parallel with �•. the East right-of-way line of said S.R. 951, North 0'-24'-51e East 1315.39 fest to the Point of Beginning of the parcel herein described. • Rezoned from RMF-16, Residential Multiple Family Zoning District to RMF-16, Residential Multipia Family Zoning District subject to the following conditions V (CXX-004-R!/A)s t ' a. The subject property is limited to a maximum density of 8 units per acre. b. All structures shall be limited to a maximus height ' of two stories except as provided for in the Land Developsant Code, Section 2.6.3.1 only. c. A one hundred foot (100') wide green belt shall be provided along the entire east and south property �, lines. The groan belt shall contain vegetation 4 and/or other plant materials e. g. mulch, rocks, eta. The green belt shall be landscaped in accordance with the Land Development Code, Section 2.4.7, Alternative B. Buildings, parking facilities, etc. are not permitted within the green belt. Water management facilities are permitted within the green belt. A . Change Official Zoning Atlas Map #16101 and #16105 2. Legal Description; STRAP #512614-010.000 further described as lying in Section 14, Township 51 South, Range • 31 Boor 1153m369 a ,...` 16 East, Collier County, Florida, the West 3/4 of the Northwest 1/4 of the Northwest 1/4, as recorded in ' Official Record Book 1297, Page 1140. `, ` Resorted frail MH, Mobile Howe Zoning District to Mit, Mobile r,*: Roes zoning District with a a axiaau a density of 3 units par acre. iL Change Official Zoning Atlas harp 1161314 J. [ - 3. Legal Descriptions STRAP 1912614-014.000 further described as tying in Section 14, Township 61 South, Range lil 26 East, Collier County, Florida, t e Most ofthe Northeast 1/4 of the Northwest 1/4 and the East 1/2 of the East 1/2 of, the Northwest 1/4 of the Northwest 1/4, as recorded in official Record Book 1123, Page 1543. Rezoned fro* MN, Mobile Nose Zoning District to 101, Mobile A. Nose Zoning District with a maxims density of 3 units per +' acre. Mama official Zoning Atlas Map $161314 1 s . Mama a*' ia4 : q „ Ca°R4 4 . ib• rv+q. L" 12 r ;-.4 n5 (a a2, f 1!< hip ts, a- a. s. MOMS ;r ~';ti4 Ranco Islam Planning Caiam nits �•::, 1. Legal Description: Lot 1, Block $3, Marco Beach, Unit 5, according to the plat thereof, recorded in Plat Book 6, Pages 39-46 of the Public Records of Collier County, Florida. ': Rezoned from C-3, commercial intermsdiats Zoning District to ', c-3, Commercial Intermediate toning District subject to the following condition (CZX-006-NI): 6A + -A;- a. Building heights are limited to a maximus of 35 1 4' feet. . . change Official Zoning Atlas Map #Hass ' 3. Legal Description: Lot 19, Block 146, Marco Beach, Unit '; 5, according to the plat thereof, recorded in Plat Book 6, : i Pages 39-46 of the Public Racorda of Collier County, . Florida. Reaons4 eros C-3, Commercial Intermediate Zoning District , ► '. to C-3, Coasarcial Intermediate Zoning District subject to ,x;-` the folowing condition (CRX-012-IR)u l:' .`! •. building heights are limited to • maximum of 35 feat. ' Change Official Zoning Atlas Map #Ma40 3. Legal Description: Lot 1, Block 796, Marco Beach, Unit 6, + according to the plat thereof, recorded in Plat Book 12, 4�.: _.Page_3$ of thi,Public Records of Colliers County, Florida..Florid Rezoned from C-4, General Commercial Zoning District to a'::: C-4, General Commercial Zoning District subject to the • ;�,_ following condition (CEX-017-HI): t . a. Building heights are limited to a maximum of 35 feet. :v.. Change Official Zoning Atlas Map 155845 s 4. Legal Description: Lot 1, Block 34a, Marco Roach, Unit 10, according to the plat thereof, recorded in Plat Book it, .., 6, Pa9es 74-79 of the Public Records of Collier County, ,4, . Florida. n' . 4 Resoned from C-3, Commercial Intermediate Zoning District «k' to C-3, Commercial Intermediate Zoning District subject to ( the following conditions (CLX-029-MZ/A)u • a. The following pesmittad (principal) uses listed in the z . Land Development Code (Ordinance 191-102 are prohibited: i '`, (1) Gasoline Service Stations (2) Veterinary Services %, (3) Drive-In Restaurants (.h (4) Fast Food Restaurants (5) Cnvenience Food stores 24 Hour (6) Auto and Hose Supply Stores b. The following accessory use listed in the Land w Development Code is prohibited: (1) Caretaker's Residence t;.: o. The following conditional uses listed in the Land •• Development Code are prohibited: 4. (1) Hospitals '; t (2) Amuseaants and Recreation Services - except that r1Y, dance studios, aerobic dance and exercise classes, physical fitness centers, weight lifting and martial arts training are peraissable 33 1 OW>,1371 . S. I ZChange Official Zoning Atlas Map #1!!115B ,. !! 'fir. S. Legal Descriptions Lot 1, Block 763, Rapist of a portion i,'; of Marco Beach, Unit 11, according to the plat thereof, '. recorded in Plat Book 12, Pages 24-26 of the Public Records of Collier County, Florida. t Rezoned from C-4, General Commercial Zoning District to i,: C-4, General Cosaardial Zoning District subject to the following conditions (CEX-021-•MX): �� a. Access shall be limited to inkhorn Court. c b. The height of structures shall be liaited to 30 feat. 'r: Change Official Zoning Atlas Map #MB28 A..' 6. Legal Descriptions Tract B, Marco Beach, Unit 11, c according to the plat thereof, recorded in Plat Book 6, �. Pales 10-d6 of the Public Records of Collier County, Florida. ° ',j Rezoned from C-4, Generalw Cosrcial Zoning District to i ,. C-4, General Commercial Zoning District subject to the following conditions (CSX-007-MI)s t'' J'.. a. A landscape buffer shall be provided along Giralda Court Il1x in accordance with Section 2.4.7.4, Alternative 8, of '7 the Land Development Coda. rr`, b. A fifty foot (50') building setback shall be provided ,; from Oiralda Court. s•' o. There shall be no access on Giralda Court. 0, d. The height of structures sball be limited to 30 fast. 4 '; a. There shall be only one access point on Bald Eagle Drive. Turn lanes shall be provided at this access • point it deemed necessary by the Transportation Department during review of development orders (e.g. Site Developsent Plan) y Change Official Zoning Atlas Map 1552$ 7. Legal Descriptions Lots 9 and 10, Block 427, Marco Beach, Unit 1S Rapist, according to the plat thereof, recorded in • , Plat Book 6, Page 45 of the Public Records of Collier County, ' Florida. , ,r Rezoned tram ani-6, Residential Multi-Famil Zoning •,; District to CF, Co*sunity Facility Zoning District. •q Change Official Zoning Atlas Map 1M86E l .1 ' r lr . 'Sc' 1 • 1 ...., _ 34 ,d um t153 w. 372 r., t t .. ........ ........ .....___.................................... 1 r 4t Golden Gate Planning Cosaunity � 1. Legal Descriptions A parcel of land lying in Block 75, ','4 -" Golden Gate, Unit 2 (Parcel 1), as recorded in Plat Book S, Pages 65-77, of the Public Records of Collier County, . Florida, being sore particularly described as follows: . Block 75 undivided, Golden Gate, Unit 2, lass the East 260 feet of the North 190 feat, less the South 145 feet, lass the Last 200 feet of the South 165 feet of the North 505 feet, less the Last 200 feet of the South 150 feet of the North 655 fest, less the East 220 feet of the South 130 fest of the North 340 fest, loss the West 230 feat of the .., North 190 fest, less the West 60 feet of the East 260 fest , of the South 275 feet of the North 655 feet, as recorded :::::1R::::::::: eealRCcsadcnak 1 noags ct w ::47: n4Gezns graerog Dito cow development compatible with surrounding properties subject to the following conditions a. Prior to the issuance of any devalops�nt orders, a Prsliainery Subdivision Plat to include the subject '` property and Parcel 7 of Block 75, Golden Gate, Unit 2 shall be submitted to Collier County for review and pit; approval. The purpose of this Preliminary Subdivision ? '. Plat is to indicate the ability to provide adequate .t,; infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division . 3,3 of the Collier County Land Development Code. ... k. __.w .ioa-V? s-s._....y,rr.� < r.-:...r_•. .y a ,. :,,o ...,, — < '.' Change Official Zoning Atlas Nap 496228 4..-i, 2. Legal Descriptions A parcel of land lying in block 75, Golden Gate, Unit 2 (Parcel 7), as recorded in plat Book 5, ` Pages 65-77 of the Public Records of Collier County Florida, being more particularly described as follows: Beginning at the Northwest corner of Block 75, Golden Cate, Unit 2, run East 230 feet along the North line of said Block • 75, thence run South 190 feat, thence run West 230 feat to the Westerly line of said Block 75, thence run North 190 feet to the Point of Beginning, as recorded in Official Record Book 1544, Page 111. i Rezoned from C-4, General Commercial Zoning District to C-4, ' General Commercial zoning District sous to allow development > coMpatibie with surrounding properties subject to the '. following conditions 4,:•• a. Prior to the issuance of any development orders a Preliminary Subdivision Plat to include the :abject property and Parcel 1 of Block 75, Golden Gate Unit 3 • shall be submitted to Collier Couty for review and :t approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sever, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division $i 3.2 of the Collier County Land Development Code. s.Y'. ' Change Official Zoning Atlas Map #9622: � 4e. .: (Y, r * 111111 11111 1111/ S ' 3. Legal Descriptions Blocks 1-4, Palm Springs Village, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 80 of the Public Records of Collier County, ' r Florida. ".4 Rasoned from RxP-12, Residential Multiple tasily Zoning . District to RMT-12, Residential Multiple Tautly Zoning District with a maximus density of 7 units per acre. Change Official Zoning Atlas Map 696348 is -: 4. Legal Descriptions STRAP 6502603-002.000 further described as lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida, the West 1/2 of the Southwest 1/4 of the Northeast 1/4 lying Northwesterly of the road right-of-way, lass property described in Official Record Book 531, Page 742 and Official Record Book 907, Page 979, as recorded in Official record Book 1420, Page 1276. AND STRAP ;502603-007.000 further described as lying in Seotion 3, Township 30 south, Range 26 East. Collier County, Florida, begin at the intersection of the Nest line of Section 3 with the Northwesterly right-of-way line .f, of S.R. 84, thence run North 31' East 550 feet, thence run North •9' West 283 feet, thence run South 471.61 feet to the Point of Beginning, as recorded in Official Record Book 1409, Page 2238. Rezoned from'C-3, Commercial Intermediate Zoning District and ma-12, Residential Multiple Termly Zoning District to RMP'-12, Residential Multiple family Zoning District with a maximus density of 7 units per acre. Change Official Zoning Atlas Kap 60603 b^ EXM6.1791 •w ' j {'sr i i rti + otv 36 eoN fl.53 rit374 • • • -STATE or FLORIDA ) E. C0ONTY OF COLLIER ) I, JAMES C. OILER, Clerk of Courts in and for the *-'.Twentieth Judicial Circuit, Collier County, Florida, do ► '5,•. hereby certify that the foregoing is a true copy of: Ordinance No. 92-43 4 . • ~ which was adopted p by the board of County Commissioners on J� the 22nd day of June, 1992, during Special session. • f` � •--• -NBTNESSAmy hand and the•official-seal-of the Board••of-. _ . - . .,._ .., -,, { Y County Comaissioners of Collier County, Florida, this 29th i, day of June, 1992, • �c'`�l!A$ yam' JAMES C. 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Mobile Food Dispensing • Vehicle definition from the Department of Business and Professional Regulation (DBPR) Division of Hotels and Restaurants • a il Ask us ontn:t I--- r 10421 Florida :. 9 4111 tr 4 S De artment of Business ,�2 , & rofessional Regulatiox HOME : APPLY FOR/UPDATE LICENSES OUR BUSINESSES&PROFESSIONS DIVISION OF HOTELS AND RESTAURANTS > Division..Home > FAQs GUIDE TO > Forms_aad Publications MOBILE FOOD DISPENSING VEHICLES (MFDVS) > Statutes and Rules > Public Records > Archives The Division of Hotels and Restaurants provides the following information as a general guide for mobile food dispensing vehicle licensing in Florida and does riot represent this to be all requirements for maintaining a license. For complete information, we Rick Akin, Director recommend you refer to applicable laws and rifles and our licensing._web rite- Division of Hotels and Restaurants This webpage replaces our brochures: DBPR Form HR 5030-032, Guide to Mobile Food 2601 Blair Stone Road Dispensing Vehicles and DBPR Form HR 5030-033, Guide to Hot Dog Carts. Tallahassee, FL 32399-1011 Mobile Food Dispensing Vehicles Phone: 850.487.1395 A Mobile Food Dispensing Vehicle (MFDV) is classified as a vehicle mounted public food Email: dhr-InfoOmyfloridalicense.com service establishment that is self-propelled or otherwise movable from place to place. Self-sufficient MFDVs are defined as those having, as part of the vehicle, a three- ntact the Division compartment sink for washing, rinsing and sanitizing equipment and utensils; a separate 41f handwash sink; adequate refrigeration and storage capacity; full provision of power Qnnat1.OR utilities including electrical, LP-gas, or a portable power generation unit, a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5- 4 of the Food Code. Elevators If an MFDV is self sufficient, it is not required to use or report to a commissary. Self- FO e d and_Lodging sufficient MFDVs must still obtain potable water from an approved source and dispose of wastewater at an approved location. Inspections Hot Dog Carts Hot Dog Carts are MFDVs that limit food preparation to frankfurters (hot dogs and Licensing precooked sausages)only. Hot dog carts must have, as part of the vehicle, a handwash sink; power utilities including electrical, LP-gas, or a portable power generation unit; a Reports & Statistics potable water holding tank; and a liquid waste disposal system in accordance with Subparts S 3 and 5-4 of the Food Code. it These carts are not self-sufficient and must report to an approved commissary at least R once daily when the cart is in operation. A hot dog cart may be an open air unit that is � 'i 'awl not permitted to have a three compartment sink or a fully enclosed unit that is not • •' equipped with a three-compartment sink. Commissary A commissary is a public food service establishment licensed by the Division of Hotels and Restaurants or permitted by the Department of Agriculture and Consumer Services that is utilized by an MFDV operator for the purpose of providing support services that are riot available on an MFDV that is not self-sufficient. Support services include: > Obtaining potable water; 1 > Disposing of wastewater and solid waste; • > Cleaning and sanitizing utensils and equipment, > Storing food, single-service items and other supplies; and > Preparing food. Plan Review Submittal The operator of a newly constructed, remodeled, converted or reopened MFDV shall submit properly prepared facility plans and specifications to the division for review and approval. Such plans must be approved by the division prior to construction, remodeling, conversion, and scheduling of an opening inspection and licensing. See our plan review website for more information. Plan review is not required if the division can otherwise determine that the intended remodeling will not have an impact on any sanitation and safety requirements provi law or rule. Applications for change of ownership do not require plan review when no interruption in operation, construction, remodeling or conversion occurs. Requirements 1. MFDVs that are not self-sufficient must operate from an approved commissary that meets all applicable sanitation and safety standards. The commissary must have potable water and adequate facilities for disposal of liquid and solid waste. The MFDV must report to the commissary to store or replenish supplies, clean utensils and equipment or dispose of liquid and solid waste. Such units must report to the commissary at least once daily or more often as needed during each day of operation. 2. MFDVS that are self-sufficient may utilize portable closed smokers (a smoker with an attached lid or door) in conjunction with the MFDV. Such smokers are typically used for bulk BBQ cooking. No screen enclosure, floor or ceiling is required for the smoker. All food preparation, other than cooking on a closed smoker, must be conducted inside the MFDV and all food must be served from within the MFDV. Other cooking equipment, such as grills and fryers, must be located within the self-sufficient MFDV. 3. You may wash the exterior of the MFDV in any location where the wastewater is disposed of properly and a sanitary nuisance is not created. 4. When the commissary provides a service area for cleaning and servicing MFDVs, the service area must: > Be physically separated from other food operations, > Be equipped to furnish potable water, and > Provide facilities for the drainage and disposal of liquid waste. The commissary must construct the surface of the service area with a smooth nonabsorbent material such as concrete or machine-laid asphalt, graded to drain. T commissary must maintain the service area in good repair and keep it clean. 5. The operator of each public food service establishment providing commissary services must maintain a daily registry verifying that each MFDV that receives such services is properly licensed. Prior to providing commissary services, each public food service establishment must verify that the license number displayed on the exterior of the MFDV matches the number on the vehicle operator's public food service establishment license. 6. Each MFDV operator must permanently affix the operator's public food service establishment license number in a prominent place on the exterior of the vehicle. The license number must be in figures at least 2 inches high and in contrasting colors from the background. 7. Serving openings on the MFDV must not be larger than necessary for the particular operation conducted. Keep these openings closed at all times except when serving food. 8. The MFDV must have waste containers for the deposit of food scraps, food wrappings, cups, napkins and discarded single-service articles. 9. MFDVs may temporarily connect to an approved utility system for a period not to exceed one day's operation if: > The utility system adequately meets the unit's needs, > Sanitary facilities are available for employees and customers according to the plumbing authority having jurisdiction, and > Units that are not self-sufficient return to their commissary as required If the MFDV is connected to an approved water system, the vehicle must also be connected to an approved wastewater disposal system to avoid creating a sanitary nuisance by overflowing the wastewater holding tank. 10. MFDV operators must take effective control measures to protect against rodents, flies, roaches and other vermin entering or breeding on the unit. II MFDV operators must riot engage in food preparation if the vehicle does not provide water and waste systems as required, or otherwise fails to meet sanitation and safety requirements. Such vehicles may temporarily handle (until corrections are made) only completely wrapped or packaged food manufactured, processed, prepared, and packaged in individual servings at an approved public food service establishment, or pre-packaged in a food processing plant. Operators must transport and store packaged food properly and dispense bulk beverages (obtained from approved sources) from covered urns or other protected containers. • MFDV operators who alp only serve packaged or pre-packaged food are regulated (permitted, inspected, etc.) by the Department of Agriculture andSonsumer Services, not the Division of Hotels and Restaurants. 12. Each MFDV operator must designate in writing the certified food manager responsible for all periods of operation. A certified food manager is only required to be present when there are 4 or more people engaged in food activity. The operator and/or manager has 30 days from the day of licensure to obtain food manager certification. See our food manager certification website for more information. Florida law requires all public food service establishments to provide the division with proof of food manager certification upon request, including, but not limited to, at the time of any division inspection of the establishment 13. MFDVs are exempt from the requirement of having a public bathroom for employees and customers. 14. MFDVs must have at least one handwash sink equipped to provide water at a temperature of at least 100° Fahrenheit through a mixing valve or combination faucet. 15. Three-compartment sinks used for warewashing must be adequately sized to clean the largest utensil or piece of equipment, equipped with drainboards (or equivalent) at each end, hot and cold running water under pressure, and properly connected to an approved liquid disposal system. 16. A MFDV's water tank inlet must be 3/4 inch in inner diameter or less. Provide the water tank inlet with a hose connection of a size and type that will prevent its use for any other service. If the potable water holding tank is filled with a hose, be sure the hose is made of food-grade material. There is no minimum size (capacity) for the potable water holding tank, however operators should take into consideration the number of times hands will need to be • washed during one day's operation. 17. Wastewater holding tanks in MFDVs must be sized 15% larger in capacity than the water supply tank. Slope the sewage holding tank to a drain that is 1 inch in inner diameter or greater, and equipped with a shut-off valve. 18. Remove sewage and other liquid wastes from the MFDV at the approved commissary or, for self-sufficient vehicles, other approved service location in a timely manner to prevent a public health hazard or nuisance. 19. Provide adequate cold food storage, hot food storage and display facilities to maintain all potentially hazardous(time/temperature control for safety)food at safe temperatures (below 41° Fahrenheit or above 135° Fahrenheit) during all periods of storage and display. Provide each piece of equipment with an accurate thermometer. 20, Provide a calibrated(accurate) probetype thermometer to take the internal temperature of foods. 21. All equipment must have approved materials and design. Ensure that the equipment and vehicle finishes are smooth, easily cleanable and capable of withstanding the conditions of operation. Install equipment so that it is readily accessible and you can clean the spaces between, behind and beneath it 22. Ensure that aisles and working spaces between equipment and walls are wide enough and unimpeded so the operator can work without contaminating food or food-contact surfaces by unnecessary contact. 23. Do not conduct operations connected with an MFDV from an unapproved facility. State law prohibits cooking; preparing; or storing food, utensils or single service items at a private home; or performing utensil or equipment cleaning at such a location. • 24. Hot dog carts must comply with the following additional requirements: > An adequate supply of spare utensils must be maintained on the vehicle and used to replace any utensils that become contaminated. . Potentially hazardous(time/temperature control for safety)condiments such as chili, cooked onions and peppers, cheese,and cheese sauce may only be served in individually portioned and packaged or pre-packaged containers that are maintained at the proper temperature. Such condiments must be individually portioned and packaged at the approved commissary, and may only be opened by the customer. s Hot dog cart operators may dispense non-potentially hazardous(non-time/temperature control for safety)condiments such as relish, raw onions and peppers,etc., from bulk containers on the vehicle or provide these condiments for customer self-service in protected containers. 25. Division personnel inspect as often as necessary for enforcement of the provision law and rule, and the protection of the public's health, safety, and welfare. MFDV operators must permit division personnel right of entry at any reasonable time to observe food preparation and service. If necessary, division personnel may examine records of the vehicle to obtain pertinent information regarding food and supplies purchased, received or used. 26. The operator must maintain the latest inspection report on the unit and make it available to any consumer who asks to see it. 27. It is the MFDV operator's responsibility to keep the division updated on all license and commissary information, especially addresses and contact phone numbers. The division must be able to contact you to locate your vehicle for inspection. MFDVs found operating without a license are subject to administrative penalties, such as fines up to $1,000 per day. You may update your mailing address online on our website. Fire Safety The division records readily observable fire safety items during inspections. The division reports any item that may violate fire safety requirements to the State.Fire Marshal and local fire safety authorities. Please contact your local fire safety authority to ensure your establishment meets fire safety requirements. Fire safety items include: 1. MFDVs are required to install a portable fire extinguisher on each vehicle equipped with heat producing appliances. 2. The local fire safety authority may require the MFDV to have an automatic fire suppression system installed over cooking equipment if grease laden vapors are produced. Personnel Unless the division approves an Alternative QperatingProcedure, food employee may not contact ready-to-eat foods with their bare hands. Employees may use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment. Food service workers transmit most pathogenic bacteria that cause foodborne illnesses to foods. That is why it is so important that employees maintain high standards of personal cleanliness. All personnel must wash their hands prior to beginning work, when returning to work after any break in food preparation activities or any time their hands become soiled. Florida law prohibits smoking in food preparation areas. Personnel must wear clean outer garments and effective hair restraints. All personnel must be free of jaundice, respiratory infections, vomiting, diarrhea or other communicable diseases. Infected or draining wounds must be properly covered. An operator who has reason to believe that an employee may present a public health risk should immediately notify the proper health authority. Operators are required to notify the Department of Health or the division if an employee is diagnosed with Salmonella Typhi, Shigella, Shiga-toxin producing E. coli, Hepatitis A or Norovirus. 2601 Blair Stone Road,Tallahassee FL 32399 Eala' Customer Contact center Customer Contact Center 850 Oaf I Sus the state,ii nkada rs an AA/EEti employe, Copyright 2047-2413.USA srI Florida.Privacy Statemtrt Under Florida taw,ernari addresses are public records if you du not want your e road address released in response to a public records request,do not send electronic nail to this entity Instead,contact the office by phone Or by traditional rrari.If you have any questions,please contact 840 487.t 395 •Pursuant to Section 454.775(1 i.Florida Statutes,effective Octolber 1,2017,licensees licensed under Chapter 455.F 5 roust provide the Department with an email address if they have one The emacs provided may the used for nffuarl communication with the licensee However erna,addresses are public'record If you do not wish to supply a personal addressplease pr ovule the Depalr'tent w'h a•r etnaai address which tan be nage available to the public Please see our Chapter 455 Page to determined you are affected by this change • 6. SIC Descriptions for Group58 , 5812, and5963 • • UNITED STATES DEPARTMENT OF LABOR OSHA MENU Major Group 58: Eating And Drinking Places This major group includes retail establishments selling prepared foods and drinks for consumption on the premises; and also lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as a subordinate service facility by other establishments are not included in this industry, unless they are operated as leased departments by outside operators.Thus, restaurants and lunch counters operated by hotels are classified in Services, Major Group 70; those operated by department stores in Major Group 53. Bars and restaurants owned by and operated for members of civic, social, and fraternal associations only are classified in Industry 8641. Mobile food and dairy wagons are classified in Industry 5963. Industry Group 581: Eating And Drinking Places • 5812 Lating,.Eli se. • 5813 (ri n flactz_isicskQltdkier g • SIC Search Division Structure Career& Internships j Contact Us } Wmt `4 UNITED STATES DEPARTMENT OF LABOR a Occupational Safety &Health Administration 200 Constitution Ave., NW Washington. DC 20210 800-321-OSHA(6742) TTY www OSHA gov ABOUT THE SITE LABOR DEPARTMENT FEDERAL GOVERNMENT Frequently Asked Questions Espanol White House Freedom of Information Act Office of Inspector General Affordable Care Act Privacy&Security Statement Subscribe to the DOL Newsletter Disaster Recovery Assistance Disclaimers Read The DOL Newsletter USA gov lm•ortant Web Site Notices Enter enc Accountabrlit Status Link Plain Writin Act Plug-ins Used by DOL A|oZIndex Recovery Ac RSS Feeds from DOL No Fear Act Accessibility Statement U Office of Special Counsel • UNITED STATES I DEPARTMENT OF LABOR OSHA MENU Description for 5812: Eating Places Division G: Retail Trade I Major Group 58: Eating And Drinking Places Industry Group 581: Eating And Drinking Places 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. • Automats (eating places) • Beaneries ■ Box lunch stands • Buffets(eating places) ■ Cafes • Cafeterias a Carry-out restaurants ■ Caterers • Coffee shops a Commissary restaurants • Concession stands, prepared food (e.g., in airports and sports arenas) • Contract feeding • Dairy bars ■ Diners(eating places) • Dining rooms a Dinner theaters • Drive-in restaurants • Fast food restaurants • Food bars • Food service, institutional • Frozen custard stands • Grills (eating places) • Hamburger stands • Hot dog(frankfurter) stands • Ice cream stands •• Industrial feeding • Lunch bars • Lunch counters ■ Luncheonettes ■ Lunchrooms • Oyster bars a Pizza parlors • Pizzerias • Refreshment stands • a Restaurants • Restaurants, carry-out ■ Restaurants, fast food ■ Sandwich bars or shops • Snack shops • Soda fountains • Soft drink stands • Submarine sandwich shops • Tea rooms ▪ Theaters, dinner EMIf)M len Stru to-r•' Major Group Sfri:rt,,ir' Career& Intemships 1 Contact Us "1- UNITED STATES DEPARTMENT OF LABOR7.7 - Occupational Safety & Health Administration 200 Constitution Ave., NW, Washington. DC 20210 800-321-OSHA(6742; TTY www OSHA.gov ABOUT THE SITE LABOR DEPARTMENT FEDERAL GOVERNMENT Frequently Asked Questions Espanol White House Freedom of Information Act Office of Inspector General Affordable Care Act Privacy& Security Statement Subscribe to the DOL Newsletter Disaster Recovery Assistance Disclaimers Read The DOL Newsletter USA.gov Important Web Site Notices Emergency Accountability Status Link Plain Writing Act Plug-ins Used by DOL A to Z Index Recovery Act RSS Feeds from DOL No Fear Act Accessibility Statement U.S Office of Special Counsel UNITED STATES ry_.a DEPARTMENT OF LABOR OSHA MENU Description for 5963: Direct Selling Establishments j)ivismon G: Retail Trade I Major Group 59:Miscellaneous Retail Industry Group 596: Nonstore Retailers 5963 Direct Selling Establishments Establishments primarily engaged in the retail sale of merchandise by telephone; by house-to-house canvass; or from trucks or wagons or other temporary locations. Included in this industry are individuals who sell products by these methods and who are not employees of the organization which they represent, and establishments which are retail sales offices from which employees operate to sell merchandise from door-to-door. • Bakery goods, purchased: house-to-house-retail • Canvassers(door-to-door), headquarters for retail sale of merchandise 0■ Dairy products, house-to-house-retail • Direct selling organizations(headquarters of door-to-door • House delivery of purchased milk-retail • House-to-house selling of coffee, soda, beer, bottled water, or other • Huckters-retail ■ Ice cream wagons-retail • Lunch wagons, mobile-retail ■ Magazine subscription sales, except mail-order-retail • Magazines, house-to-house selling • Milk delivery and sale of purchased milk, without processing-retail • Newspapers, home delivery: except by newspaper printers or ■ Party-plan merchandising-retail SIC Search Nvision Structure Major Group Structure Career& Internships 3 Contact Us . ` " UNITED STATES . w ) DEPARTMENT OF LABOR Occupationa' Safety & Heath Administration 200 Constitution Ave . NVV Washington DC 20210 800'321<}8HA<0742) TTY www OSHA gay ABOUT THE SITE LABOR DEPARTMENT FEDERAL GOVERNMENT Frequently Asked Questions Enpahu| White House Freedom of Information Act Office of Inspector General Affordable Care Act Privacy& Security Statement Subscribe to the DOL Newsletter Disaster Recovery Assistance Disclaimers Read The DCL Newsletter USAgov Important Web Site Notices Emergency Accountability Status Link Plain Writing Act Plug-ins Used by DOL A to Z Index Recovery Act RSS Feeds from DOL No Fear Act Accessibility Statement US Office of Specal Counsel FLORIDA DEPARTMENT OF STATE ` DiViSIO\ Of CORPOR:\ 1IONS _5741Z Ho e Contact Us E-Filing Services Document Searches Forms Help Previou/On-List Nyxt On List Return tQ.L t naples 2.0 Esejat No Name History Detail by Entity Name Florida Limited Liability Company NAPLES 2.0 LLC Filing Information Document Number L14000104936 FEI/EIN Number 47-1247239 Date Filed 07/01/2014 State FL Status ACTIVE Last Event LC AMENDMENT Eval Date Filed 09/15/2014 EvW Date NONE Principal Address 327 Heniey Dr. NAPLES, FL 34104 Changed: 04/25/2016 Mailing Address 327 Henley Dr. NAPLES, FL 34104 Changed: 04/25/2016 Registered Agent Name & Address ODE & SONS CORP 327 Henley Dr. NAPLES, FL 34104 40, Address Changed: 04/25/2016 Authorized Person(s) Detail 1 Nip& Address Title MGR MADDOX, REBECCA J 2055 TRADE CENTER WAY NAPLES, FL 34109 Title MGRM BROWN, ANTONIO B 2055 TRADE CENTER WAY NAPLES, FL 34109 Annual Reports Report Year Filed Date 2015 04/24/2015 2016 04/25/2016 Document Image_ 04/25/2(116 --ANNUALREPQRT View image in PDF format Q4124/2Q15 --ANNUAL REPORT View image in PDF format 09/15/2Q.14. LC Amendment View image in PDF format Q710912Q14 GQRLG..STGOR View image in PDF format QILQiL2Q14 - Florida Limitedliat tl ty View image in PDF format Previous On List Next On List Return to List naples 2.0 11/1 Sea,ch Events No Name History tiorr,c I Lontact u4 ! pucurnent Searches ! L t ding Servrte5 I f orrrg i Lisljz Crwvnoht is and Pnvaty PoIIC State of Florida,Department of State b�±' a .t,. .u;.�. ;. s.-..yq -�+> 4w,t.4...d w', r ,..,'zr' rx C - _.. _ .k 3". • • 7 . Affidavit of Authorization • • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S)7 ' PL20160001881 • I, y �.0G"t;%/ - i4��Q k" (print name),as Manager (title, if applicable)of Naples 2.0 LLC (company, If applicable),swear or affirm under oath, that I am the(choose one)owner >c ppiicant_contract purchaser_and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Laura DeJohn-Johnson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v.pres. • If the applicant is a Limited Liability Company(LLC.) or Limited Company(LC.), then the documents should typically be signed by the Company's°Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant Is a limited partnership, then the general partner must sign and be identified as the °general partner°of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then • use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fa initare truu .00 /‘. / - • •ature Date Ae, STATE OF FLOR.► COUNTY OF COLLIER (� T oing instrument wa toy�omQi (or affirmed)and subscribed before me on ?S ( I(a (date) by e 1' &. M (name of person providing oath orac tion), as C\(ICY who is personally known to e who has • u• (type of identification)as identification. k STAAIP/SEAL Sig re of otary Public SARAH ANDRUS !o_itt Notary Public,Stare of Florida Commission#FF 921949 •• My comm.expires Nov.30,2018 • CP\08-COA-001151155 REV 3/24/14