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HEX Backup 07/13/2017 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS JULY 13, 2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JULY 13,2017 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WANED 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. ADVERTISED PUBLIC HEARINGS: NOTE: This item was continued from the the June 22,2017 HEX Meeting. A. PETITION NO. NUA-PL20160003227 — Petitioner, Caribbean MHC Owner LLC requests a non-conforming use alteration pursuant to LDC Section 9.03.03.B. to allow 8 mobile homes on property zoned General Commercial District (C-4) along Colby Court and Tyler Court, of which 6 are existing and 2 were previously removed. The subject property is known as the Caribbean Park Community and consists of 51.75± acres of land located at the northeast corner of US 41 and Wiggins Pass Road in Section 15, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Eric L.Johnson,AICP,CFM,Principal Planner] B. PETITION NO. ZLTR(CUD)-PL20170001085—Rook at Naples I,LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of beauty shop (SIC 7231) and barber shop (SIC 7241) are comparable in nature to those commercial uses permitted in Section 4.4 A of the Artesa Pointe PUD, Ordinance No. 03-46, as amended. The subject property is located on the east side of Collier Boulevard, approximately one half mile south of Tamiami Trail East, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 82± acres. [Coordinator: Rachel Beasley,Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN HEX 6-22-2017 NUA—PL20160003227 CARIBBEAN PARK May 17, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on June 2nd, 2017, and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department. Zoning Division,Zoning Services Section,2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 Authorized Designee signature for HEX Advertising P120160003227 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,June 22nd,2017, in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO.NUA-PL20160003227—PETITIONER,CARIBBEAN MHC OWNER LLC REQUESTS A NON-CONFORMING USE ALTERATION PURSUANT TO LDC SECTION 9.03.03.B. TO ALLOW 8 MOBILE HOMES ON PROPERTY ZONED GENERAL COMMERCIAL DISTRICT (C-4) ALONG COLBY COURT, OF WHICH 6 ARE EXISTING AND 2 WERE PREVIOUSLY REMOVED. THE SUBJECT PROPERTY IS KNOWN AS THE CARIBBEAN PARK COMMUNITY AND CONSISTS OF 51.75± ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF US 41 AND WIGGINS PASS ROAD IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida n/ ...., z Inil v WI* I S" .1 .-1:7Ll'P; SANDE 0 0 R TAA41A MITRL N oZ 1 'ao <O 0 5rm m 0 PIM p II n Ay • lb O y L WINGs TON n RD 211 l fi SLI Ann P. Jennejohn From: Gary F. Muller <gfm@johnsoneng.com> Sent: Tuesday, May 16, 2017 11:23 AM To: VelascoJessica Subject: RE: Title Check for HEX 6/22/17 Hearing Date Hi Jessica, Per your request, I have reviewed the legal advertisement and found it to accurately reflect the proposed request. Please let me know if you need anything else. Thanks, Gary F. Muller, AICP Principal Planner JOHNSON ENGINEERING, INC. 2122 Johnson Street Fort Myers, FL 33901 Direct: (239)461-2415 Mobile: (239) 565-6772 gmuller@johnsoneng.com From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent:Tuesday, May 16, 2017 9:42 AM To: Gary F. Muller<gfm@johnsoneng.com> Subject: FW:Title Check for HEX 6/22/17 Hearing Date Importance: High Good Morning Gary, It is a new requirement from the County Attorney that both the Planner and Agent review and approve the legal advertisement.These ads will not run if we do not receive approval. Attached is the planner approved title, if you could return approvals in writing via email,that would be great. We are scheduled to send the advertisements to the clerk's office next week on the 23rd.The Ad will run 6/2/17, and the hearing date is 6/22/17. Please let me know if you have any questions. Respectfully, am/ea Vd&oo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net 1 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:JohnsonEric Sent:Tuesday, May 16, 2017 9:13 AM To:VelascoJessica <JessicaVelasco@colliergov.net> Cc:SmithCamden <CamdenSmith@colliergov.net>; KulakPatricia <PatriciaKulak@colliergov.net>; StoneScott <ScottStone@colliergov.net>; BellowsRay<RavBellows@colliergov.net>; AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE:Title Check for HEX 6/22/17 Hearing Date Jessica, The NUA looks good. Please forward the attached to the petitioner. Thank you. Respectfully, Eric L.Johnson,AICP, CFM, LEED Green Associate Principal Planner From:VelascoJessica Sent:Tuesday, May 16, 2017 9:11 AM To:JohnsonEric<EricJohnson@colliergov.net>; BellowsRay<RavBellows@colliergov.net>;AshtonHeidi <HeidiAshton@colliergov.net> Cc:SmithCamden <CamdenSmith@colliergov.net>; KulakPatricia <PatriciaKulak@colliergov.net> Subject:Title Check for HEX 6/22/17 Hearing Date Good Morning, The HEX advertisements are due next week, and since we are now requesting approval for the titles from the applicants, I'd like to send them the titles this week for approval. Can you please review the titles below and let me know if these are the most recent ones and if they are correct and ready to send to the applicants for approval. 2 C0014-101.ty Growth Management Division Report Title : CV. Planning . HEX He Pianning & Regulation Land Development Services Daie: 5116/2017 83821 AM - Count Approved GWCAD ODA Target Date Must Send SUM Reports Titles Notrficatron to Send Ad to to Clerk or due to Mus Date Clerk for NOR SON before Zoning this Date: Martacpert El 6/911016 1 4/25)2016 4/3041016 5 512016 511012016 5/1312016 5115/1016 5/10, C3 1.121201/ 1 11.11812016 12/312016 1218/2016 1111312016 12/16/2016 1211812016 12/23 C3 1,161101/ 1 1211212016 12/1/0016 11122(2016 11/270016 121304016 1111201/ 116!, 912011 1 111312011 112817011 200011 21112011 11101201! 2112/201/ 1r1 El 231201/ 1 216/201/ 11 112011 1/1612011 112111011 112412011 112612011 3131, (B1112011 1 212112011 31412011 3/91201/ 3/141201/ 3/11/201/ 31191201/ 3124 i:21/20l1 3/13/101/ 3/18001/ 11231201/ 3/281201/ 3/3112011 4111201/ C3 22001/ 1 5'8f2011 511312011 5181201/ 512311011 51261101 512W201! 6114, P120160003221 1 Sunrise elhoi (NUM ErieJohnson . IL ,eqt.,eff,::; iJ .,:xerE.,-a ::frre,"C Lf,r* 'f; Roal r,L; Pa-,„-7 2;5 F CO PL20160002382 Waste Managment Transfer Station (CU) damelsfrilth " l t- , :4 .1 : ; 3 L4: p P 4 f ,rY7: 31 ri /117011 1 511911011 6131201/ 6181201/ 6113/201/ 6116001/ 6118001/ 6/23f GroM h Management 061SiOrl Thank you in advance, (Teeeka Vdao'oo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net 3 Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Wednesday, May 17, 2017 2:13 PM To: Minutes and Records Cc: VelascoJessica;JohnsonEric; Ashton, Heidi Subject: re: HEX Advertisement Request PL20160003227 Attachments: Signed Ad Request.pdf; Ad Request.docx; 2x3 Ad Map.pdf; RE:Title Check for HEX 6/22/17 Hearing Date Minutes & Records, The ad request is sufficient for forwarding to NDN. Jessica, Just a reminder, the new requirement is that the applicants must approve their ad proof prior to publication, not just a pre-review of the title. Once we get the proof back it will still need to go back to the applicant again for approval. Thanks, Wanda Rodriguez, ACP Advanced Certified-Paralegal- Office ertifiedParalegal- Office of the County Attorney (239)252-8400 From:VelascoJessica Sent: Wednesday, May 17, 2017 1:57 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; KendallMarcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>; NeetVirginia <VirginiaNeet@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net>;JohnsonEric <EricJohnson@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net> Subject: HEX Advertisement Request PL20160003227 Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Also, attached you will find the title approval from both planner and applicant. Respectfully, Ce8;da Vehfroo Ann P. Jennejohn From: Ann P.Jennejohn on behalf of Minutes and Records Sent: Wednesday, May 17, 2017 2:13 PM To: 'VelascoJessica' Subject: RE: HEX Advertisement Request PL20160003227 Hi Jessica, I'll sevtd the proof for staff's approval a.s.a.p. Thank you Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier County Board Minutes & Records Dept. 23q-252-8406 Fax 23g-252-8408 From:VelascoJessica [mailto:JessicaVelascoWcolliergov.net] Sent: Wednesday, May 17, 2017 1:57 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>; Neet,Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>;JohnsonEric <EricJohnson@colliergov.net>; Smith, Camden<CamdenSmith@colliergov.net> Subject: HEX Advertisement Request PL20160003227 Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Also, attached you will find the title approval from both planner and applicant. Respectfully, amid Vdasto Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net Account #076397 May 18, 2017 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: NUA-PL20160003227 (Display W/MAP) Dear Legals: Please advertise the above notice referenced on Friday, June 2, 2017, and send an Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500176563 May 18, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on June 2, 2017, and furnish proof of publication to the attention of the Minutes & Records Department, 3299 Tamiami Trail East, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., June 22, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: PETITION NO. NUA-PL20160003227 — PETITIONER, CARIBBEAN MHC OWNER LLC REQUESTS A NON-CONFORMING USE ALTERATION PURSUANT TO LDC SECTION 9.03.03.B. TO ALLOW 8 MOBILE HOMES ON PROPERTY ZONED GENERAL COMMERCIAL DISTRICT (C-4) ALONG COLBY COURT, OF WHICH 6 ARE EXISTING AND 2 WERE PREVIOUSLY REMOVED. THE SUBJECT PROPERTY IS KNOWN AS THE CARIBBEAN PARK COMMUNITY AND CONSISTS OF 51.75+ ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF US 41 AND WIGGINS PASS ROAD IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida nn/ ..__ Z UNIqg fill \'at,. „,, , aair _, ....4, ''''1.,,,,,,,,,,,, ) ,r, ,, ' RS/LT D pp TgMI A/1A4 _ ITRLN ocz O (p k O - � ' m m CD O II o O ram 00) y L w,N� o o STSNRp Z 4 SLI Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, May 18, 2017 12:01 PM To: Naples Daily News Legals Subject: NUA-PL20160003227 (Display w/MAP) Attachments: NUA-PL20160003227.doc; NUA-PL20160003227.doc; NUA-PL20160003227.pdf Please advertise the attached (w/MAP) on Friday, June 2, 2017 Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County l3oard Minutes & Records Dept. 23g-252-8406 Fax 239-252-8408 1 Ann P. Jennejohn From: Kangas, Karol <Karol.Kangas@naplesnews.com> Sent: Monday, May 22, 2017 12:37 PM To: Ann P.Jennejohn Subject: FW: ad 1619334 runs 06-02 Attachments: ND-1619334Legal.pdf Attached please find the proof for your review. Once we receive your approval, we will release the ad for publication. The cost of your ad will be $932.40. Karol Kangas GANNETT Office:239.263.4710 kkangasqannett.com gannett.com From: Regel, Dagmar Sent: Monday, May 22, 2017 8:08 AM To: Kangas, Karol<Karol.Kangas@naplesnews.com> Subject: RE: ad 1619334 runs 06-02 For approval. Thank you, Dagmar Regel Sales Coordinator kgs j W Office: 239.403.6142 dagmar.regela,naplesnews.com NaplesNews.com From: Kangas, Karol Sent: Friday, May 19, 2017 9:54 AM To: Regel, Dagmar<Dagmar.Regel@naplesnews.com> Subject: ad 1619334 runs 06-02 Karol Kangas 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,June 22,2017,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. NUA-PL20160003227 — PETITIONER, CARIBBEAN MHC OWNER LLC REQUESTSA NON-CONFORMING USEALTERATION PURSUANT TO LDC SECTION 9.03.03.B. TO ALLOW 8 MOBILE HOMES ON PROPERTY ZONED GENERAL COMMERCIAL DISTRICT (C-4) ALONG COLBY COURT, OF WHICH 6 ARE EXISTING AND 2 WERE PREVIOUSLY REMOVED. THE SUBJECT PROPERTY IS KNOWN AS THE CARIBBEAN PARK COMMUNITY AND CONSISTS OF 51.75±ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF US 41 AND WIGGINS PASS ROAD IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 0 -- -. - PROJECT it LOCATION w o- a PAS SS RD WIGGINS z Z O s (7 111Th AVEN 5 IMMOKALEERO All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division,Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida June 2,2017 ND-1619334 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:5/19/2017 12:28 PM SALES PERSON: Susan Flora PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:06/02/17 ND-1619334.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, May 22, 2017 1:49 PM To: 'VelascoJessica';JohnsonEric (EricJohnson@colliergov.net); Smith, Camden; Rodriguez, Wanda Subject: NUA-20160003227 (Caribbean Park) Attachments: N D-1619334Legal.pdf Good Afternoon, A proof for your review avid approval. Caribbean Park Petition NUA-201600032.27, running Friday, Juvte 2, for a HEX Hearing ovt Juvte 22, 2017. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment 133oard Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Kangas, Karol [mailto:Karol.Kangas@naplesnews.com] Sent: Monday, May 22, 2017 12:37 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: ad 1619334 runs 06-02 Attached please find the proof for your review. Once we receive your approval, we will release the ad for publication. The cost of your ad will be $932.40. Karol Kangas GANNETT Office:239.263.4710 kkangas@gannett.com gannett.com From: Regel, Dagmar Sent: Monday, May 22, 2017 8:08 AM 1 Ann P. Jennejohn From: NeetVirginia <VirginiaNeet@colliergov.net> Sent: Monday, May 22, 2017 1:58 PM To: Ann P.Jennejohn Subject: FW: PL20160000183 (Mattamy Homes) Original Message From: AsktovtHeidi Sent: Monday, May 22, 201-7 1:35 PM To: NeetVirgivtia <VirgirtiaNeet@colliergov.vtet> Cc: CrotteauKatl'yvtell <KatlnyvtellCrotteau@colliergov.vtet>; RodriguezWanda <WavtdaRodriguez@col(iergov.vtet> Subject: RE: PL201600001-83 (Mattamy Homes) Approved. Heidi Aslntovt-Cicko Heidi Asl'tovt-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: NeetVirgivtia Sevtt: Monday, May 22, 201-7 11:12 AM To: AslntovtHeidi <HeidiAshtovt@colliergov.rtet> Cc: CrotteauKathyvtell <KatlnyvtellCrotteau@colliergov.vtet>; RodriguezWarda <WavtdaRodriguez@col(iergov.vtet> Subject: FW: PL20160000183 (Mattamy Homes) For Heidi's approval. Scheduled to ruvt ovt 5/24. Thank you!!! 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, May 22, 2017 2:00 PM To: 'karol.kangas@naplesnews.com' Subject: RE: 1618076, NOTICE OF PUBLIC HEARING NOTICE OF I Looks good Karol, please publish May 24. Thavtk you! Ann Jevt tejokv., Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 23q-252-8406 Fax 23q-252-8408 Original Message From: karol.kangas@naplesnews.covn [vnailto:karol.kangas@naplesnews.cow] Sent: Thursday, May 18, 2017 1:56 PM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.cowt> Subject: Ad: 1618076, NOTICE OF PUI3LIC HEARING NOTICE OF I Attached is the document you requested. Please review. Upon receipt of your approval we will release the ad for publication. Let us know if you have any questions. Thavtk you. 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, May 24, 2017 7:51 AM To: 'Kangas, Karol' Subject: RE: ad 1619334 runs 06-02 Hi Karol, Our County Attorney's Office has asked for the change below for ad 1619334 that runs on June 2, 2017. The applicant has requested a language change to the title of this item, and our office has agreed. Accordingly, please ask the NDN to add the highlighted language as indicated, and send us a revised proof: PETITION NO. NUA-PL20160003227 — PETITIONER, CARIBBEAN MHC OWNER LLC REQUESTS A NON-CONFORMING USE ALTERATION PURSUANT TO LDC SECTION 9.03.03.B. TO ALLOW 8 MOBILE HOMES ON PROPERTY ZONED GENERAL COMMERCIAL DISTRICT (C-4) ALONG COLBY COURT AND TYLER COURT, OF WHICH 6 ARE EXISTING AND 2 WERE PREVIOUSLY REMOVED. THE SUBJECT PROPERTY IS KNOWN AS THE CARIBBEAN PARK COMMUNITY AND CONSISTS OF 51.75±ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF US 41 AND WIGGINS PASS ROAD IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Thank you, I apologize for any inconvenience. Avtvt Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-2.52-8406 Fax 239-252-8408 From: Kangas, Karol [mailto:Karol.Kangas@naplesnews.com] Sent: Monday, May 22, 2017 12:37 PM To:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com> Subject: FW: ad 1619334 runs 06-02 1 Ann P. Jennejohn From: NDN-Legals <legals@naplesnews.com> Sent: Wednesday, May 24, 2017 2:05 PM To: Ann P.Jennejohn Subject: FW: ad 1619334 runs 06-02 Attachments: ND-1619334Legal_rev.pdf Here is the revised proof for your approval. From: Regel, Dagmar Sent:Wednesday, May 24, 2017 2:00 PM To: NDN-Legals Subject: RE: ad 1619334 runs 06-02 Here is the revised proof for approval. Thank you, Dagmar Regel Sales Coordinator Naples ail 'e rs 1 m gr esus Office:239.403.6142 daq mar.regel(cr�naplesnews.com NaplesNews.com From: NDN-Legals Sent:Wednesday, May 24, 2017 11:31 AM To: Regel, Dagmar<Dagmar.Regel@naplesnews.com> Subject: FW: ad 1619334 runs 06-02 Dagmar—Please make changes requested below.Thx. Brenda From: Kangas, Karol [mailto:Karol.Kangas@naplesnews.com] Sent: Monday, May 22, 2017 12:37 PM To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Subject: FW: ad 1619334 runs 06-02 Attached please find the proof for your review. Once we receive your approval, we will release the ad for publication. The cost of your ad will be $932.40. Karol Kangas 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,June 22,2017,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. NUA-PL20160003227 — PETITIONER, CARIBBEAN MHC OWNER LLC REQUESTS A NON-CONFORMING USE ALTERATION PURSUANT TO LDC SECTION 9.03.03.B. TO ALLOW 8 MOBILE HOMES ON PROPERTY ZONED GENERAL COMMERCIAL DISTRICT (C-4) ALONG COLBY COURT AND TYLER COURT, OF WHICH 6 ARE EXISTING AND 2 WERE PREVIOUSLY REMOVED. THE SUBJECT PROPERTY IS KNOWN AS THE CARIBBEAN PARK COMMUNITY AND CONSISTS OF 51.75±ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF US 41 AND WIGGINS PASS ROAD IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA. o � -- -- PROJECT w a LOCATION --=‘ _.... w z 0 PASS RD \` Z 0 0 1117E AVE N IMMOKALEE RD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division,Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida June 2,2017 ND-1619334 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:5/24/2017 12:07 PM SALES PERSON: Susan Flora PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:06/02/17 ND-1619334.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, May 24, 2017 2:53 PM To: 'KulakPatricia'; Smith, Camden; Rodriguez, Wanda;JohnsonEric (EricJohnson@colliergov.net) Subject: Revised Caribbean Park Notice (NUA-PL20160003227) Attachments: N D-1619334Lega1_rev.pdf Hi agaivt, A revised proof for the ad referevtced above, running June 2, is attached for your approval. Thavtk you. Avtvt Jevwtejoh vt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment 13oard Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Wednesday, May 24, 2017 2:05 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: ad 1619334 runs 06-02 Here is the revised proof for your approval. From: Regel, Dagmar Sent: Wednesday, May 24, 2017 2:00 PM To: NDN-Legals Subject: RE: ad 1619334 runs 06-02 Here is the revised proof for approval. Thank you, Dagmar Regel Sales Coordinator Office:239.403.6142 dagmar.regel@naplesnews.com NaplesNews.com 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, May 25, 2017 9:17 AM To: Naples Daily News Legals Subject: RE: ad 1619334 runs 06-02 Looks great! Please publish Friday, June 2 and thank you For making that change AKA Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvvient Board Collier County 13oard Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: NDN-Legals [mailto:legals@naplesnews.com] Sent:Wednesday, May 24, 2017 2:05 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: ad 1619334 runs 06-02 Here is the revised proof for your approval. From: Regel, Dagmar Sent: Wednesday, May 24, 2017 2:00 PM To: NDN-Legals Subject: RE: ad 1619334 runs 06-02 Here is the revised proof for approval. Thank you, Dagmar Regel Sales Coordinator Eienta 41110sAionkrma el Tl) yup Office: 239.403.6142 dagmar.regel(a,naplesnews.com NaplesNews.com From: NDN-Legals Sent: Wednesday, May 24, 2017 11:31 AM To: Regel, Dagmar<Dagmar.Regel(a@naplesnews.com> Subject: FW: ad 1619334 runs 06-02 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,June 22,2017,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. NUA-PL20160003227 - PETITIONER, CARIBBEAN MHC OWNER LLC REQUESTSA NON-CONFORMING USE ALTERATION PURSUANT TO LDC SECTION 9.03.03.B. TO ALLOW 8 MOBILE HOMES ON PROPERTY ZONED GENERAL COMMERCIAL DISTRICT (C-4) ALONG COLBY COURT AND TYLER COURT, OF WHICH 6 ARE EXISTING AND 2 WERE PREVIOUSLY REMOVED. THE SUBJECT PROPERTY IS KNOWN AS THE CARIBBEAN PARK COMMUNITY AND CONSISTS OF 51.75±ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF US 41 AND WIGGINS PASS ROAD IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. ❑ a / PROJECT LOCATION "fi, ❑ O i PASS NS PASS RD z ❑ J � K z ? Cl) 111TH AVEN f IMMOKALEE RD E All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing I Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida June 2, 2017 ND-1619334 ?'apLrø aiL NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Cheri Koerner who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1619334 PUBLIC HEARING 45-176563 Pub Dates June 2,2017 (Signature of affiant) A aaunty� R KAROL E KANGAS NotaryPublic-State of Florida ` � Sworn to and subscribed before me y. '1G'• .31 My Comm.Ex es Jul 29.2017 This June 06,2017 zv„gavie Commission N FF 017037 (Signature of affiant) " 2A Friday,June 2,2017 Naples Daily News QUICKSTART PEOPLE IN THE NEWS LOTTO May 21 203+-37.4347'49 a5 ?lollies fail NewsPEOPLE 27 320-22-4415'53.5 Periodicals postage paid at Naples Florida and additional offices JerryGarcia's Iter fetches pate in or authorize"the article.While Lotto numbers are drawn exhweanesdayand gutter Saturday num er:Iare dra drawing will be for a P05Ps122-2801 $1.9 million at auction she says the cover shot isn't"a trage- se mill5"nfabpot. ma Post form,send form 3529 tar address correnion request to: dy,"she says it does affect her and her May n Winners. Payout 2239-213403 9877.eed 6'ples,FL 34110 OO 50 SUBSCRIBER SEFMC 2634042 A guitar that Jerry Garcia played Pamishe"wanted to set the record 1M 510,583.50 wasOu551 somas:239.253dfl39«80-4047343 everywhere from San Francisco's Win- straight." Florida Lotto with xoRA offers players the opportunity SUGGESTED CIRCULATION RATES terland Ballroom to Garner is also shooting down tabloid tono>opytheir non-)aokpot m,h winnings by two, Day 11.50 a copy,Sunday 5200 a copy. Egypt's Great Pyramids reports that she's pregnant with twins, three.four«flee Dme.wnn SI more Per play.The fetched more than writing,T have three wonderful kids XiSA nthe drawing win bedravn 60raneool In NAPLES DAILY NEWS before the drawing zedetermine h«vmuch the 18efun+.aeepim We will metdesible to ar12montlade $1lon nigh auction and my eople yis complete."resenttive n -i mdlsimilwill beiv iiiiVi k.or..draw. direc dt i the win not be re:pmsime for Mce kit mase Wednesday night. A People representative says in a •1�^b41a aF+"'>W+irneuee x+KA wa.Ms directly to the ander.239-2 tan 390 600 seMm fon odder The Grateful Dead statement that its story on Garner"is MEGA MILLIONS monthly rate options at 234263/839 0,BOP404-2343. frontman's guitar - fair and truthful,"adding that"it does May 30 5-20-32-37-6703 a5 PREMIUM SSUUBaCdRIPTION Sunday =_ _' named Wolf-was sold not include rumors and does not say MMay 26 LLIONS drawings are con 2S-22edet 9 m37 .S6e510 Sunday yrosausonly at the Brooklyn Bowl,a she's pregnant." Tuesday and Friday nights-Five out of 75 numbers 1n.mn 56170 519.99 514.99 517.3e bowling alley,restaurant (venae balls)and a Mega Ball number between)and 15 13 months 5240.40 5239.88 5179.88 5208.56 ( and music venue. The Moretz apologizes for ad (gold ball)will be drawn at random.Match all Rye are earmarked accused of body shaming anbers yw,memega Ball nningc«nthe rbinations Merin MAIL OaSckpot,or SUBSCRIPTIO M3Frl padadvance ' proceedsy prizes. "n^ningc oarrsm Mn.rn Sam for the Montgomery, other cash prizes. 5184.93 51:0.2s 160.00 •Wolf-guitar Alabama-based South- Actress Chloe Grace Nowln.,May 3a Aum 2Jadw0Ls74e21 Plus Mc transportation mstsindudM The Thanksgiving Day prim minor bdelivered with every subscription that,ndueesprinted- ern PovertyLaw Center. Moretz and the creators Aay3 ria""" rs KM Payout 01.56W a- so eon deliwryand will be charged at the then regular Sunday news- The guitar was owned by devoted of her upcoming animat- Ssyy.g Or- ed film apologized Megaplix(MP)u a special Mows stand prim whim will be reflected"the November payment. Deadhead Daniel Pritzker,a philats- al feature that players Your Premium pint subsoimion will now i"d"de an op 70f'e' thropist,musician and film director Wednesday after promo- win Uwe 50 au.9016+012 noniaapot prise:,rot it ,penal5urdar,oil., section on popular l«alto,al upmbur p epereM food Imes thiernumber,selectednght timesayear ubscriMbr rate will been additional 5l for ma who bought the instrument in 2002 for clonal materials were ac- bey«e Z'aJAMlLuoasdraw, 'dara.mo-reme dfthese exdusiw,special Sunday premium section,The actino. $790,000.It bears a devilish looking, Moret. cused of body-shaming multiprxfor that draw. charges MI be processed according to yournvnent billing 5-w cartoonlike image face. women. lusedl and corresponding who deliw delivery on )Fre Sunday premium g POWERBALL edition.Alsubscribers who receive dd'wery on 12110/12 will have "I've been a fan of The Dead since l Moretz,20,wrote on Twitter that she May thespeaacaowre''''''0al"d'ri"d '"meesbo^'^d was akid,and playing this iconic guitar had talked to producers for the film 27 slo22.5.903 P59.3 11 be merged an livery«yl 91.25.r amid me additional over thepast 15years has been a privi- "Red Shoes&the 7 Dwarfs"about the Drawings take place Wednesday and Saturday nights at *sees.foss day and the days, drate eel fbI be wild to stop 10:59p.m.BuytidretsuMi110 Pm.night"'drawing. adivery m inn day and the n z5-mar9e win not a applied m lege,"Pritzker said."But the time is marketing choices,including a bill- x.wiMar May 3+;Ache 3pdoraes337M your accoAL right for Wolf to do some good." board that appeared at the Cannes Film Mwy 3+ n3 winners. S2 Payout DIGITAL SUBSCRIPTION Festival last week.The ad depicted a ,..e.g. a- so onlee access lo to Daily News even day. Jennifer Gamer criticizes People tall,thin woman in red heels next to a 5-0+-5 GV so 1 month 19.99 12 mons,1119.88 magazine over cover story shorter,heavier version of herself.The •Note..,,afar.1asn:now Power 6.5.9 w.nMrs. DEUVERY SERVICE tagline promoted a Snow White who LUCKY MONEY Circulation Customer Care Center is open Monday-Friday Actress Jennifer Gar- was no longer beautiful. Mayy 30 133-2023.374Se11 6:30 a.2 s pm.,Saturday 7 a.m.-2 d your Sunday and:Nagys ner isn't hapostedby Drawings take place Tuesday and Friday:Mrs at 11:15 7 30a.a2 pm.If you naw not rembed., paper 2 e30 a.m. happy about her A trailer South Korea- 7 a.m.sawday,piea,e W 23sz63.4839« cover spot on this week's based Locus Creative Studios showed p.m.Ni ase ticket until tom p.m.on Ere night of 800.404.7343 before pm.m receive credit for a de"sry worm - '7' People magazine. two dwarfs hidinginSnow White's bed- the craving. forne assistance130in accessing Me enc copy On Sunday please i all The issue features a room watching her undress after a snit 30 Marra $1 Payout oforen30-04500 replacement mpy orf«assiwnm in x- aof.4oLR 1 5550.00.00 cessmg the a-Findon smiling Garner with the night out.After kicking off her red 4.01 1 $4,840.00 'We no to«rmoddecede for temporary delivery suspensions Garner words"Life After Heart- heels,the Snow White character is of 16 less During a muss dawey nalren,pndub break"for an article de- shown as a heavier woman lounging in FANTASY s sub- scribers have unlimited algia)acme ro naplwrrewsam and the lune 1 241-22-2931 1 apps for tablet and unaripnone as well a our be replka 6- tailing her split from husband Ben Af- her underwear. May 31 922-25-34.3 dtion of the printed Nada spy Neat fleck. The company removed the trailer The Fantasy s drawing b at 11:15 p.m.nighty. Reproduction of any pomon of am issue win n0,ot be permitted without express permission of the Naples Daly NeThe pub Ach Garner,45,writes on Facebook that from its YouTbbe channel after social e+ Winners 51 Payout wws.rier re,erws the ht ro rel..on cancel an advesaemert et she didn't pose for the cover or"partici- media users criticized the film's ads. 2 598.259.92 any erig che.The advertiser agrees that the deet"publkher sal not be 271 511850 liable for damages arising out of wren In d by that beyond the PICKS 2,9,4 AND S ' amount paid for the space actually occupied by that parion of the os is PIC 23.4 and 5 numbers are Maven twice daily,at due of the pubedhersempbyerecL eesrorothh`rwise, CORRECTIONS 1:30501.and 7:57 p.m and there shall be no liability for non-insertion of any advertise PIM 2 NCK 3 PIM 4 PICK S hent beyond the amount paid forte arseMserrent The Daily News promptly corrects all errors of substance.Carifications are published when Aa.I niyrt 9.1 3-0-1 54-5-6 02-849 Member of Mame for Audited Medea editors believe the information will help readers better understand an issue or news event.If f."1", 5-0 4-0-4 1-7-4I 2-2w90 6 Portions of the edition you think we have made an error,call wet 435-3435 between 9 a.m.and 5 p.m.Monday Soon= _ FloridaPLAY wtt y �_'primed on recycled paper. through Friday. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County A Decorative Hearing Examiner(HEX)at 9:00 A.M.,June22,2017,in the Hearing Examiner's Fabric Meeting Room, 2800 North Horseshoe Drive,Room 609/610,Naples FL tz e 34104,to consider: :7 i/-'x btic J PETITION NO. UESTS20ON-C NF R PETITIONER, CARIBBEAN MHC WITH NO STRINGS ATTACHED OWNER LLC REQUESTSANON-CONFORMING USE ALTERATION PURSUANT TO LDC SECTION 9.03.03.8.TO ALLOW 8 MOBILE HOMES ON PROPERTY ZONED GENERAL COMMERCIAL DISTRICT(C-4)ALONG COLBY COURT AND TYLER COURT,OF WHICH 6 ARE EXISTING AND 2 WERE PREVIOUSLY = - Take an REMOVED.THE SUBJECT PROPERTY IS KNOWN AS THE CARIBBEAN PARK COMMUNITY AND CONSISTS OF 51.75±ACRES OF LAND LOCATED AT THE THIS WEEK EXTRA NORTHEAST CORNER OF US 41 AND WIGGINS PASS ROAD IN SECTION 15, ONLY! TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. Sale ends '4 0 • Saturday,6/3 A= i N Ice: `.�,' OFF 1,:t% k theolowest inti pristoeck!g �,� on every fabric stock! AVEi l , ALL THIS WEEK! k,, aI"'AfaApI �td " Now through Saturday 1 v Ys All interested parties are invited to appear and be heard. All materials used in Damasks Silks presentation before the Hearing Examiner will become a permanent part of the l record. Cotton Prints Matelasse Copies of staff report are available one week prior to the hearing. The file can Velvets' Toil¢5 be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL -- Chintzes•Linens The Hearing Examiner's decision becomes final on the date rendered. If a $unbrella* person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, Boca the nation's largest and finest decorative he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes fabric outlet,has restocked with thousands of rolls of the testimony and evidence upon which the appeal is to be based. name-brand designer fabrics and every yard is on sate! Tommy Bahama•Sunbrella•Trina Turk•Romo If you are a person with a disability who needs any accommodation in order to Clarence House•Kravet•Travers•And More participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management THOUSANDS OF ROLLS IN STOCK. Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- MILLIONS OF POSSIBILITIES. 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, OCA OPEN MON-SAT 10AM-5:30PM NAPLES Coley Hearing Florida Collier County,Florida aazs�39MR7 91-.AIL t. frARGOONS siq ner Fo62 ics Tor Your Horne June 2,2017 ND-1619334 BOCABARGOONS.COM II 2A Friday,June 2,2017 Naples Daily News NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,June 22,2017,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. NUA-PL20160003227 — PETITIONER, CARIBBEAN MHC OWNER LLC REQUESTSA NON-CONFORMING USE ALTERATION PURSUANT TO LDC SECTION 9.03.03.B. TO ALLOW 8 MOBILE HOMES ON PROPERTY ZONED GENERAL COMMERCIAL DISTRICT (C-4) ALONG COLBY COURT AND TYLER COURT, OF WHICH 6 ARE EXISTING AND 2 WERE PREVIOUSLY REMOVED. THE SUBJECT PROPERTY IS KNOWN AS THE CARIBBEAN PARK COMMUNITY AND CONSISTS OF 51.75±ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF US 41 AND WIGGINS PASS ROAD IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. o , _. __... PROJECT w LOCATION "f,', a WIGGINS PASS RD \\ 0 J z 0 F O Q a 111TH AVE N 2 IMMOKALEE RD tl J All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing • Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida June 2, 2017 ND-1619334 AGENDA ITEM 3-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION—ZONING SERVICES SECTION DATE: JULY 13, 2017 SUBJECT: NUA-PL20160003227 CARIBBEAN PARK COMMUNITY OWNER/APPLICANT/AGENT: Owner/Applicant: Agent: Caribbean MHC Owner, LLC Gary Muller, AICP 6547 North Avondale Ave#301 Johnson Engineering, Inc. Chicago, IL 60631 2350 Stanford Court Naples, FL 34112 REQUESTED ACTION: The petitioner requests the Collier County Hearing Examiner approve a non-conforming use alteration (NUA) in accordance with Collier County Land Development Code (LDC) Section 9.03.03.B to allow eight mobile homes on property zoned General Commercial District(C-4). GEOGRAPHIC LOCATION: The subject property is located at the northeast corner of US 41 and Wiggins Pass Road in Section 15, Township 48 South, Range 25 East, Collier County, Florida. (See location map on page 2). NUA-PL20160003227 Caribbean Park Community Page 1 of 7 July 5,2017 " 1 ... 9 7 iu IP 0 7' j . � iii 7 . h r. Iii r= i e U.a. 1 N ter—'-- U ' � ft --- CO CO CD 0:0000010111111111315 3 c = I y 3 8 Q a ao O e o < CO N J N N Oa ONnlrid J Odaiv E T. ✓ 0 z W I- C Q C C EC d J w KRON ^ I G0001.- FRANK `i Itl---\ CD O 2 C O N 1211 IWb'INVI. oU 0) z O a z r 3 210 11182134Ndn a J J w J y- t� PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests an NUA to allow eight mobile homes to be considered legal non- conforming and eligible for future alterations and replacement. The subject property is known as the Caribbean Park Mobile Home Park, hereinafter referred to as "Caribbean Park," and consists of 51.75± acres. The mobile home sites that comprise this request are located on Colby Court and Tyler Court on land zoned C-4. The C-4 zoning district does not permit mobile homes. SURROUNDING LAND USE & ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the eight mobile home sites: North: Right-of-way for Sunrise Boulevard, then farther north is the recreation area with a zoning designation of Mobile Home(MH). East: Mobile homes with a zoning designation of MH. The right-of-way for Colby Court is east of two of the eight mobile home sites(2001 Tyler Court and 2007 Colby Court). South: Mobile homes with a zoning designation of MH. West: Commercial property with a zoning designation of C-4. The right-of-way for Tyler Court is west of two of the eight mobile home sites. so .... ... . . . r a $ ,6 wpi T , , SLnr�se"g IVD s, ` v r f x At - e 4 s i 28 r �4 i Sri Jnt3r 27 t 1C1 - 13560 +� 17 Icy 1. .0. �1ni!S * 'v+ 4 t 14: to • -, 1 �� Lig u '. 1� _ ., • f► .' X560 26 I _ 1 ..` - las. J nit l • m /11111" . - r.... ... , , . 1 t ,, ..uw..a�rry .-.2013 h .:;2�,. s n o '2002 4 as 2074 2G?; 4. . 200 . 2027 � Aerial(County GIS) NUA-PL20160003227 Caribbean Park Community Page 3 of 7 July 5,2017 GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: The subject site is designated Mixed Use Activity Center Subdistrict(#20)on the Future Land Use Map(FLUM)in the Collier County GMP. Relevant to this petition,this Subdistrict allows the full array of commercial zoning and uses as well as residential uses at a maximum density of 16 dwelling units per acre. The Future Land Use Element does not address zoning nonconformities, only FLUM nonconformities (properties deemed "consistent by policy" as provided for in Objective 5 policies). The existing C-4 zoning is consistent with the Mixed Use Activity Center Subdistrict. ANALYSIS: Caribbean Park is not platted. Caribbean Park is considered one property for zoning purposes, as there is only one Property Appraiser's Office folio number for the entire development (Parcel ID#00153360008). It is believed Caribbean Park was established in the early 1970s;however,the earliest Zoning Map kept on file by the County Clerk's Office only dates to 1974. At least one of the eight mobile home units was in place when the 1974 zoning map was in effect. The fact remains that the County does not have any record of the first zoning map that was in effect for Caribbean Park. Staff suspects the eight sites may have been zoned in a commercial district that did not allow mobile homes;however,there is no way to prove from the beginning what the zoning was in effect, due to the lack of complete record keeping. Any preexisting, lawfully permitted mobile homes located within the C-4 are deemed legal non- conforming pursuant to LDC Section 9.03.03 in accordance with the following: Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under the LDC by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; provided, however, that the alteration, expansion, or replacement of nonconforming single-family dwellings, duplexes or mobile homes shall be permitted in accordance with LDC Section 9.03.03 B.4. 2. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50% of its actual replacement cost at time of destruction, as determined by a cost estimate submitted to the site development review director, it shall not be reconstructed except in conformity with provisions of the LDC. 3. Should such structure be moved for any reason for any distance whatever, other than because of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved. NUA-PL20160003227 Caribbean Park Community Page 4 of 7 July 5,2017 4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning Code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier County Planning Commission and approval of the Board of Zoning Appeals by resolution. 5. Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may be rebuilt after destruction to the prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable building code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance is obtained from the Board of Zoning Appeals. For the purpose of this section, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion or replacement of such nonconforming structures may vary widely, a site plan, and if applicable,preliminary building plans indicating the proposed alteration, expansion or replacement shall be presented with each petition. Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, duplex or mobile home,the following standards and criteria shall be considered: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling,duplex, or mobile home is located. This request is for the replacement or alteration of eight of the existing mobile home sites that were contemplated in the design of Caribbean Park;therefore,the density on the parcel will not increase. However, staff is recommending that ultimately, Caribbean Park shall not have more than 358 sites. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use. The eight mobile home sites are located in the C-4 zoning district; however, the district with which the non-conforming use most closely associates with is the MH zoning district. The maximum building height in the MH zoning district is 30 feet. Staff is not aware of any existing structure greater than 30 feet in Caribbean Park, and staff is recommending a condition that any new dwellings shall be limited to a maximum of 30 feet in height. c. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback. Staff recommends a condition of approval that would limit further encroachment. NUA-PL20160003227 Caribbean Park Community Page 5 of 7 July 5,2017 d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure. A reduction in parking requirements has neither been sought nor has any action regarding this issue been addressed as part of this petition. Since sites would be replaced one-for- one,there is not anticipated decrease in off-street parking. e. The alteration,expansion,or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and This petition is unlikely to damage the character or quality of the commercial district in which it is located. f. Such alteration, expansion, or replacement will not present a threat to the health, safety,or welfare of the community or its residents. The subject nonconforming use will not present a threat to the health, safety,or welfare of the Caribbean Park community. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM is not required for a Nonconforming UseS Alteration. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed this staff report on July 5,2017. RECOMMENDATION: Staff recommends that the Hearing Examiner to approve Petition NUA-PL20160003227 subject to the following conditions: 1. The maximum building height shall not exceed 30 feet for the eight sites. 2. The replacement mobile home and modular units on the eight sites shall not encroach farther than what exists today or any known setbacks that were previously approved. Attachments: 1) Support Material Provided by Staff 2) Application and Support Material NUA-PL20160003227 Caribbean Park Community Page 6 of 7 July 5,2017 PREPARED BY: 7/ S/ 17 ERIC L. JOHNSON, AICP, CFM, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION s MICHAEL P. BOSI, AICP, DIRECTOR DATE ZONING DIVISION NUA-PL20160003227 Caribbean Park Community Page 7 of 7 July 5,2017 Attachment 1 —Support Material Provided by Staff An image obtained by the Property Appraiser's Office shows that Caribbean Park,as well as much of the surrounding area was vacant in 1962 (see image below). I .. M kr trt A' T C^ 4 Mlz +' 1962(Property Appraiser) The earliest record found in the Property Appraiser's Office indicates Caribbean Park was owned by Geroge H. Bacher in 1967. The Property Appraiser's Office property card indicated the appraised value of the land, starting as early as 1968. The property card also revealed that water treatment started in 1970 and that the Property Appraiser's Office starting assessing land improvements in 1971. This means that structures were constructed and/or installed in Caribbean Park. The earliest development order that staff could procure for any structure in Caribbean Park was building permit,#69-2057,which was issued on December 16, 1969. This permit allowed the construction of a 1,920-square foot steel building that was to be used for recreational purposes. The permit revealed that Caribbean Park was zoned Mobile Home Travel Trailer Park District (MHTT)which allowed mobile homes. By the early 1970s, many mobile homes, including one of the eight that comprises this NUA request(i.e. 21 Colby Court)had already been installed(see image below). Attachment 1—History of Caribbean Park Page 1 of 9 July 5,2017 i.4 40.1* --. - --- -- ; m . h r• • 1 . , 4 Circa 1973(Property Appraiser) The above address is indicated on an undated Caribbean Park sketch plan (see Attachment 1 — Support Material Provided by Staff). It is highly likely that the installation of the mobile home at 21 Colby Court occurred after zoning was already established and in place for the area. However, the earliest Zoning Map kept on file by the County Clerk's Office only dates to 1974, which was after the time when the unit was installed,presumably on the east side of Colby Court. This early Zoning Map is shown on the following page. Attachment 1—History of Caribbean Park Page 2 of 9 July 5,2017 The earliest zoning map kept on file at the County Clerk's Office (see below) shows that most of Caribbean Park was zoned MHTT. Unfortunately,the Zoning Map below fails to show the internal roadways within Caribbean Park. i \, 9 10 �.� ,�. rr ._ \ k\N (rid',' reiN-c- 1!-..„_,;,:::,....:....,au:•,.::::.:.,....-..,y,:: 11� \\ �A�YY 1\�\�� \ s+ • r ,-.:4.- ••.• •-. .- _, - • ••• • - "- \\ .„,\ '4, /fir -:.::: ',<., \ ‘ N ;t,:-;\ ,N*,'N \ \t‘NN,ti..a° ''''''.: .'' ..-\\' / i t j ,..m....k',..:-1 .,-..-.,::::::'..7:::::::: ::::::.-....7.1.:.::..-::- ., ,i---/ , .. , su%... ....... . .. ... ......:...::,:: .. ,.. ,. , .. , •.. ...7 ::::::.:7.7:..::::,;:;-:17,.."::,.:7..._.,7.._. , ... Lt., .:::::;7.,:i... :77....:.:.:....,:.:.:.:....:;.:....,:.:.1:::::.:,::,:::::::.......... 1 ...„....„.„.... :...,.......„::: ::..7.7.:.7......,...:::::::::.,...,..-..._.:::::,,,... *Kiirs;,‘ ,,„ `st,,, , 4, f.t'1.,‘$!‘‘nk,‘" ...„N ! gc_4 Iii /4/ Circa 1974 Zoning Map As previously mentioned, the earliest known building permit for Caribbean Park dates back to 1969. This permit indicated that Caribbean Park was zoned MHTT, which is consistent with the above Zoning Map from circa 1974. The problem is it is unknown what zoning was in place for the eight sites in 1969. Staff determined zoning was already in place in the area as early as 1970, because a revision to the above Zoning Map had already occurred on an unrelated property on June 30, 1970 for petition R-455C. The above Zoning Map also shows that U.S.41 had been split into two roadways, namely U.S. 41 and Old U.S. 41. The land area west of Caribbean Park, which fronted on Old U.S. 41 (circled above), was zoned Commercial District(C-2). It should be noted that petition R-490-C,which rezoned a 1.1-acre parcel from C-2 to MHTT with provisional use F, was adopted on February 2, 1971. This 1.1-acre parcel of land abutted Caribbean Park and was owned by George Baucher. Staff believes the applicant who requested the rezoning of the land circled above, was the same person who owned Caribbean Park in 1967, despite the name being spelled slightly differently in the meeting minutes than the name indicated on the property card (i.e., `Baucher"compared with "Bacher"). Based on petition R-490-C, staff believes the property where all eight sites are located today may have been zoned C-2. However, this is only an educated guess,and the actual zoning along Old U.S.41,at the time when Caribbean Attachment 1—History of Caribbean Park Page 3 of 9 July 5,2017 Park was first established, is still undetermined. The 1974 Zoning Code did not allow mobile homes in the C-2 zoning district. In October of 1974, the adoption of Ordinance 74-42 eliminated the MHTT and C-2 zoning districts entirely. The MHTT zoning district was converted to the Mobile Home Rental Park (MHRP) district. The C-2 zoning district, along with the Commercial Parkway District (CP) and Commercial District (C-1) were converted to the General Retail Commercial (GRC) zoning district. Mobile homes were not listed as a permitted use in the GRC zoning district. '+\`__ �. rr s---: 44P t4►sA.paw*Si s*4V 44"11:144444.414 1 t4'S441t 4ay Y`<> 4 1 wales>s sA 44'4 4y�14 aA > * • +�4w SA a ,�S " 4344 a>A >44A t#441:4,44,444:44 4y Aw♦414 ♦a;y3y*'►44f}` 5 .�. . Arq>4,.,>y 114.4734144.{3►.i;4�as��t 4.P Y44, ia434 : A., .11* *ye' 4;..4 ; 1 b1 1f 3)****A4.1.44 1 AS ai 4:4 1 * xe A ! 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VIII MIM7 a400.' h 4./ ltj "• �S AI§ i!i 1ti iA p f ' if ""3 1C3/Y€ „` 4 n',,t7 Vo° V .4 Iwi� map mese sew Wei i s: wit a s ` ,�.0 4 4 d 0 October 1974 Zoning Map Based on the above 1974 zoning map, most of Caribbean Park was rezoned to MI-IRP; however, it appears that the C-2-zoned portion located west of Caribbean Park(circled above)was rezoned to the Convenience Commercial (CC) zoning district rather than being rezoned to GRC. Mobile homes were not permitted in the CC zoning district either district. Attachment 1 -History of Caribbean Park Page 4 of 9 July 5,2017 /421 401011 ... I/ it L * , -; :' '41.4°.f..124 ::,4 ,, .. t"4"04:4,44:,'I'''100,::"4:1.,,,', ' t- ' 414! .4, 1; , alie ...irit` , u, i is I p g.,g. ' liti* - AV,, , x i a...f.._A'4 _ '4 4 t" ,, ,.. ... , , f , % r t u, 4 '. Circa 1975(Property Appraiser) The above image shows two additional mobile home units (i.e., 23 Colby Court and 25 Colby Court)were installed on the east side of Colby Court,presumably in the area zoned CC. Staff was unable to recover building permits for these units; however, an interesting thing to note from the above image is that the two additional units were installed within the same block as the existing unit, suggesting they were contemplated in the design of Caribbean Park. These sites(i.e., 21,23, and 25 Colby Court) represent three of the eight that comprise this NUA request. Attachment 1—History of Caribbean Park Page 5 of 9 July 5,2017 As depicted in the below image, by 1981, all eight of the mobile home sites that comprise this request were installed in Caribbean Park. .f ,%„. •; . »4a r3 rtk 1 1 '1: ' 1 - ' ' .,.„.' i ''' - - -.*';'* vo2- , -'- ' `i----'"":'4"'--*1 -1 '.;.. - °':-. ..., 1 — i - Avv, .'' v* .e- -41* :- . ,: t'i r 4: ' 4 , f - Asa , _ 1 , t = , w.. . " vy ", 1 t 4., it li SOO 1.4 a n 41.4 : a a t . . 4 .4;14...... ;_+ t_,.• w t. '_ » *- v. 11 I 1.` # 1 1 r 1 � --- . 3 ? !-•*nom f . z .• Y. �, — r.y,. x r t et , � a 1981 (Property Appraiser) Staff researched building permit records from 1959 through 1981 and recovered four permits. All four permits were issued in 1979. The addresses of the permits were as follows: • 2001 Tyler Court (#79-0094) • 26 Colby Court(#79-1771) • 27 Colby Court(#79-749) • 28 Colby Court(#79-750) It should be noted that two of the four permits (i.e., 27 Colby Court, 28 Colby Court) contained permit cards indicating their respective sites being zoned MHRP. Staff is unsure if this was done in error,but like the others,the above image suggests that 2001 Tyler Court and 2007 Colby Court were installed in a block as part of the mobile home development. Attachment 1-History of Caribbean Park Page 6 of 9 July 5,2017 A note on the property card,presumably from 1980, indicates Caribbean Park was zoned TTRVC and MHSD. The property card indicated Caribbean Park contained 358 lots. Staff is unsure of the date that these lots were acknowledged on the property card. The below"working"zoning map from 1982 was used at the public hearings to depict,with color marker, the proposed new zoning that would occur as part of adopting Ordinance 82-2. Ai01,, { cip' -hihit, I i Y p 1\4,...„.„ MHRP i 4 S i it sitaNkitt sat *aims, - its -4.aft Alia lip Amos aria Olt 411. WOOS 01~0 es 4rne meow NI lag. UPI ei •11 lin 1 a . sot ,u sit !i! it !1 1. ei . et ! ' . w , .„ *0 «r F;---'' .. , *0 ilii *0 44U ilt ,i" r-4... ,,4 ;4,. '4 , .; 4 :, ,. t o MI.00 0iei :i. - ♦ 4 , SS& Oak SS 40 0 *• 7,,Nek *go O ''° 4410 ,447:01 aimi 121- 4)1111111 i . .4..., s . . . Public Hearing 1982 Zoning Map Attachment 1-History of Caribbean Park Page 7 of 9 July 5,2017 i The below zoning map from 1982 is the manifestation of the "working" zoning map from the preceding page. Pursuant to Ordinance 82-2,this zoning map was adopted on January 5, 1982. In 1982,the GRC zoning was eliminated and converted to the C-4 zoning district,which is the zoning in effect today for the subject sites. Mobile homes were not listed as a permitted use in the C-4 zoning district in 1982, and they are not allowed on C-4-zoned lands today. 4 1 PU•5 A- / LANDMARK EST. 1, I I I �� 1•�1 - 'IL' =S= CM �;' , jinn ■ 1ullinn ■ l isiuiquiutiJl 1 , I IIill III NI ill ■U■ ulIU; tit= 1.1- .. ,+C_ I III 1111 S O III`IIIIIII 0 I ■ ■1.II1110w..IME1� MN AIM Ti IN us • ■_ �- ■-1 II II It .iiI ■■i WS = MR NM 9�winI= MI N■ MIMI k ' �� Mail MI6 MarIMM ME in -- 1 i! IEiiii ■ o 1 1 .: .II .■ ■ IN NU MIi IS 441111111 MIMI •.1 aNN N 1 d.•I + err rrn Ti: Ira i 1.. k______..____ 1982 Zoning Map In conclusion,at least one of the eight mobile home units(i.e.,21 Colby Court)was in place when the 1974 zoning map was in effect. Staff was unable to procure a permit for 21 Colby Court; however, it is important to note that multiple permits for Caribbean Park were issued in the early 1970s which lacked lot numbers or addresses. Four of the eight permits that were recovered were issued in 1979, and two of those permits indicated the property being zoned MHRP. Throughout the years, the County has been issuing building permits for all eight sites, and it appears the sites had always been considered as part of the design of Caribbean Park. As early as 1980,the Property Appraiser's Office acknowledged Caribbean Park as having 358 sites. jThe fact remains that the County does not have any record of the first zoning map that was in effect for Caribbean Park. Staff suspects the eight sites may have been zoned in a commercial district that did not allow mobile homes; however, there is no way to prove from the beginning what the zoning was in effect, due to the lack of complete record keeping. The unanswered questions I remain: • Were the sites always zoned C-2 from the development's inception and then rezoned to MHTT or visa-versa? Attachment 1—History of Caribbean Park Page 8 of 9 July 5,2017 • If the sites were always part of the design of Caribbean Park, were the boundaries of the zoning districts incorrectly drawn? Because the County issued building permits for four of the sites, and three of them (i.e., 26, 27, and 28 Colby Court) are located on the east side of Colby Court, a case could be made that the three sites on the west side of Colby Court should be substantiated as well. Likewise, if a permit had been issued for 2001 Tyler Court, a case could be made that 2007 Colby Court, an abutting site, should be eligible for permits as well. "Landmark Construction" was listed as the contractor for the first known building permit issued for Caribbean Park. The property card from the Property Appraiser's Office reveals that Landmark Management Company, Inc. owned Caribbean Park in 1974. The Property Appraiser's Office records also reveals that the C-4-zoned parcel of land that directly abuts Caribbean Park to the west (Parcel ID# 00154560108) was first established in 1988 when it was owned by Landmark Management Company, Inc. Attachment 1—History of Caribbean Park Page 9 of 9 July 5,2017 APPLICATION FOR BUILDING PERMIT COLLIER COUNTY. FLORIDA Permit Mailbox 64-4E057 Date _ 27:46-69 a01.-e.-.asp ",*ei71e ,aro: 'wee' - '."contractor Pnoq. 41111/11.- Job Address Architect R+ Ca MAWS Contractor—J41.1111XJUMMMilft Address Address Lot Block Unit Subdivision Cai'r1lsea llta'k If no record plat. mete. & bounds: $ lS1.$PP 1804 Meal BUS s! U. B. 111 loss 0 die-4 a-w4 ass. 1S 'Ars kit Age. 25 Permit to (MU-AIM r-Re pair•&love Ilsildisj x 60 . Height, 10 No. of Stories 1 •A copy of the approved plans and specifications shall be kept at the building site during construction. PLOT PLAN Zoning '"21kuUding or Structure will face 1.set Use Resrsation Building 'feet from East line feet from South line 250 feet from West Une J I feet from North line z i Floor Space 1920 Sq. Feet Utility Sq. Feet Porch Sq. Feet Central Sewer =Abaft Park IshrY« Car Porte Sq. Feet Central Water Name Yee OtherSq. Feet Well permit No. IMS Total Sq. Feet Septic Tank Gallons Estimated Cost $ L.,900.00 D Sq Ft Building Permit $ i9•00 � Septic Tank No Electrical Permit $ J I Plumbing Stub Inches below Plumbing Permit $ " i Finish Floor Grade. Septic Tank $ "-- Sanitarian I. Jenne Total S 1671'S The above appl cat on has been examined and is hereby subject to the payment of $ 47•" by ' V as provided by the Collier County Building Code. Payment Received: Carl n[. Cleaner Building Official This permit expires if work is not started within 6 months from date issued.Permit void if zoning damnfi- cation is violated. This use must not change to any other use without a new permit from the Zoning Director. Fee will be doubled if work is started without a permit. 1 0*1 it t. c oimitiv Iwo .4midEllo *Jim -I/ Iliagbri mpg ......4".. MilliabLIILIW0---.......,...",.... netirriairttON .ANFIPIO-11.--- ilmitiihri..... Cia.rti ,,.................----wbrda• ,,,0 �...tlett,06.0461mon .... ...tr , . :... ., ..... -s• ........ • Ir . 1 -1 ' ` a #` # ' w . ; w`I Viill' . errrolreePPIRINFIN 011114111641t_ 41111.Vii. 1011.1"11.1"1"wfwerr °MIMI Illsimia7r1 AO la LAI. PLISPOSIOW 1 nalimmeati"h 'PJ/ ISA ir Itrarrite*Wiruimium..26mmasi:252ms7 e ii.iii tint illkitla* .. -- r. ! ■ 1 . 1 1 i . i I 1 I 1 P ....„. , 1 94. , r ! 'V *Prilii I '[ I di 6.11 V I P ? 1 - i .-- , 16 1 D , N - 1. 1 1 i I 7.,,,.. ilk 40, ./ its aft on NOILINNO Palet aa.iwi mouth,"LOW DATE APPLIED _. 4"24"54 PERMIT NUMBER __-- .bJ-160.7 DATE ISSUED. _•-l4-bu NAME 4dOIEhER Anal C. tuiLk f L1 , JF. -_ wome a401-1200 JOS ADDRESS 1609 1t ut.os rasa reua,l CONT*AGTOR _ Owndx .State R48. — _ CC. ARCHITECT Bruno i drums Address _ El ECTRICAL __. __ Stott Ree. __ — CC PLUMBINC — — State Reg. - CC AM GOND/MEC+$ State Ree. ___. _ CC ROOFING _ flaw Ree.— CC SWIMMING POOL State Rte. CC LOT BLOCK UNIT SU/DIVISION OR METES AND SOUNDS o4, H4, se+ti, NA, HWi, stele, son. 15, r 48b, a 29 IPatton so RrbiAMe► ir•Mste Ju lip ion sie 40 ---Iii- 4 u maim lt.: No.of Saran 1 A copy d dot approved/+tett and apteMeaNase deal be kgs al elle buddies site darks asenrocMat. UN ._!t% ,7r••a t. 6.. .“t A Ildiad or Sennome wr lace abatis*',armada Lot Area I Minimum La Area From Yard Sit Back Mumma Pudding Height Rear Yawl Set Back Mama From Yard Set lack Side Yank Set lack Malmo Rear Yard Set tack Parking Spaces Mamma SW Yard Set tack Mar Spas 1 u J t, Sal.Feat Central Sewer Naas __ Yes UiMib Sq.Feta Card Wad Nara Yes Pad -___- .....___ . _ S+.Feet WA Pena No. Capon . Sq.Fief Septic Ted — Gslms Dior Sq.Fate Dralit*e U So.Fees A.C.Mads _ ..— Tara Septic Tani No. __ -__ Thal -- _ ._. Sq.Fade rlerabinSete Moen betas Rase Aar grade. Smilatiaa - — Embaied Coespm Ord. $ 2b,eia.JO U.N. 1u.4 laMi gPeek $ : 18.J0 ao additional ,.ovinte permitted a no EeroeAwl Peemk $ 4J.iitioawl nit, drainayv soy. 4-21-40 GM Mo oMm$Fermis $ A.C./Meda.Perak 1 a, 1_2_0 u NOTE: , Raab, Pernik n } 1 , t Pena Swim Pool Per $ Any wall wilts Public Ripka-pay rant carry with Septic Talk $ Camay Ordinance No. 77-79 and Collier Comity Palk h DMVT ool�at $ 1 3 1•J 1, 4 2 4 may/CSM. ,rt..t .1.,fllaftl; '. laid'' The sear appYcailoa ha been eaadaed and is bat*approved alias to the polymer d$ 130.0 u by as plaided y tea Carne Canty llailie Code. Pisan R/OMttadI 4/4311 aa Lu1.,lev_ .111 au beldame Oficial This peewee eaplees if wadi is ens nand token 6 Nada Isom dm ol kw.Permit void d Booby,claul kiston is dao- load This sue won cot Oaaot do cry alae on without a new pear frame die Zoning DNettw.Fee w*be quadrupled ped dagy peaky el=1CtOS If work is started salmi a rank The applicant falba eodrastads that the pnposed un d oracia a sloadahltjlida.ageld NM as appnwd CaeMcaat d Oisaapattwy is hint "FAILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN RE. o... SULT IN THE PROPERTY OWNER Aa PAYING TWICE FOR BUILDING IMPROVEMENTS." c"""u` __ Caribbean Park WIGGINS PASS RD.8r U.S.41 NORTH•NORTH NAPLES,FL.'33963 2A q�;�� 6 8 10 12 205 204 203006 404 "'GOE 510 512 608 610 710 8'10 � ^. O 4 I Og ` _• 2708 712608 =12808 912� o � ,�� ,� �►'� ii 206 202 406 1 ry ❑ �N — W < J -ii4 70Ii 714 806 814 906 914 O'� ^� Z ,� 11 {S1'1UFFLBRD. 4 yl 18 N 14.— 1 < Z J ^ ^ , < 1 i COU RTf Z 6 > --1 O Q vl a Q�"O ca I < 207 o 201 407 ? 401 504 u 516 604 Z I. m 3 q ¢ a � u �� p x �� 2 < Z < 116 704 P 716 804 j 816 904 a 916 e O d` Q ry U 1 W .... ----9:—.- N d m > U X O 1�. k 1 } MALL fvl • yi q e 4 y{ y��y Q Q Q q Q�v p p� �. 2 20 16 A R f Pf ' R§ S Imo§l m I i K r �ffi 0 E §0 m s s ,$ D, lG P 1 0 SUNRISE BOULEVARD ti I- ^, -. g� y�, p� p p� SUNRISE BOULEVARD I- 28 4f 21 1 19 15 Fi Fl g§R B I<! ' ° O1 ° 'O o g n 1 N _ �� ISR ,� Z u . - 271 > 4SN 4§ scS` ^P 49 4) 4 p f9 � 4P d' ��1 # �� < o g m 23 3 17 13--- u x 4 o— j ' 25 5' 7 9 11 g 104 gi 304 El 511 611 th M ¢`_. y M o 6 `711 , 1�`,�� 114 ^� ^� a a — r o r'w 1 P i % 1 - % i p :p �� ^tib �`� m ZT— 'i, Dlfpuaal Plant 1' N 'L 'V 'V + f O r li.'--+-- —.— -1 N� `I I 0 U U O O Z J j to $ 0 �1 U) J -� Q a ,r% Z < _�� O Z O , o cC 1 c7 o F OU - < a• _ f u w C C 4 vri m �- m J a X O . p = > >- L, -< N .1 11 WIGGINS PASS ROAD WIGGINS PASS ROAD' PAGE 34 e. c.P. s.V.•89 1.K.•C.P.-S.V.•89 PAGE 35 S m.. APPLICATION FOR SUILOING PIERMIT rtt tt OetiM P '4 Lt:4t t• 09.94 1 Ptittxtli- tt rh A(.t(.tk#-S*, t ,INTRA, r -tate +(tit Aft(.i-$T`k t !,&tsrtA t 114 A' ttate i[##€ t..C_ ;t LIMN t:, --»tarn Act( (.. i !# t< • **tor (ta t_ kt k.tVI t. ^tatr krot . . . . t4(t tt:h _ CIN!..# mt$(+t.LSlON ::. "tit `,i t t I% A l t. Nit tINDS P.t.r r=t t= tti.t+ti Atte kepaar <tavf st a a E F 4`itorteS A e,_ t tt 444 a# xt,tri:Vier• 4941 Vex tet.atton4 v#u! iert+< st the truAkitt*sat-&Atria <atn-trutettOrt thatwattrtt trr Structure wil! _ Itxtal14 �/j t i#�in A aK14 414.41A1110.71°7 A V t74 atYr 9;,:-• ....... NM44314,41hItts ,tt Arra i:rttitRt ktait#tn$tnHeitht5 •. ,. tt..., Vie- - %ieett t tap''ft ,nt l arta%et %trure'.',ar#teat 1474{Set Bat#t \4mrmute',telt lard Set Bank t tat,Spatz S44 teal rn<rr am. 1e, linty Sa t yet rs<t,s A-av or `e" Puri r+ Sq fret Art-I- tette,- N., ,.s"" t at ot-- 'tc# t ret serf a, t Ara Canons t She- i# t eft /Trent-41 Sq tri A t it,- Te7rtt, Nitptt, and . of' Sq ►-rtt Pka rani# at;taf- eel.* hneth linos *rade 4M /at f saunattt! +:..test $ Stn.-Lunt/ Perth< $ t t=rc r Prime $ *'tutntntts Pfririn $ A t Mre h Perron S 14,aAny Ptltntt $ „trhtr; Pbuit. ktitht art %Vat mint 0.Imph wtt4t state- Pout Pe=rntt # ,ant, .tttt t r Nott 1.7* at4 (u#ber t tont., Public Septa lank f krona-:al Nt`at t =wt.-met-we Stardarei Handbook atett Trust Perim arx,, sip plit etrs,rv. °ca^ =Art r rttalnttit4 and it hertet< atattr,trci %atitett tta tht Payment tri --.. - pt id d by ti4r r aal(tr t t,unty Statkhng L.4' mrrtt kr t= rt! B.ttkltng t.Niictai rttrmt= t type, r tt.-* = :,;< .tarred »ttt r r #rattly > n: ,Este ,tt esir Perititt vtatti tt ztarttntt.as3ttrcatuxt n vt, `atto I Pt . ,,»t **,rt.t tt narert r,.44.4t .abet :lie wntatdut a rrt. prrmtt front the 7,axnng()strath tt.4 getat#rttp#ai eat„ rtaite ;a S.tit= ►; ..tree t. started wtrhout A per/1444 Ilse 4,0k-int runner tenderstantt, that the cotwatt-etl ,truer tt rai't nt,t rr usett tt-okkt until an apprt=veu t trtts.ate tt tkcupanty ++tswett ht ilt4 AVM rr e. • exactor r= ~~~' �� -�' �N�r `-_'_ • ` • . ` � | ' ~r --4 m "..1,111 JUN ------` ------ ---~- ---- ,----- . -- \ --- , . . \ \ \ 14 4N. , I, "C., 1% , 04, ii ! \ \ r 4. .,- .4 ‘ 'i- , -p'. eirk . . AA „.. t\._, 444\ 1 4;... li\ ‘1> • 2.' ....' ..• •• \ . 1,,,;,,,', lt,,,\ . \ • \ -141111t,, iti,), '4... V4tZ ,.., if \ ' .., i f \ \ , \ , \ I 'I , \ , \ \ I, . \ \ \ • ------- • -, - 411. 1. ir / APPLICATION FOR SLIII DING Plow ,. . LW-tat t UMW IfATI- APPLIED 1-11- ,i.; ‘417 NIANiitt if ::;A TF thSUED MO *,404.= t. c D 1,111,404,:. ..c:04.0,60,,epy a_our . .-ix, ebtax,“ State ite* CC kW:441TP(1 icheineff . 'MCA« tt,fittl*.it hoe** *Mt tit* - C.C, . . vl.umitiNe )4.ate key CC, AIR CAW)-kit i' ' ' iaatt,kap , _. CC at klfiNC ',4titt 4ta CC it*thaA4Lhit, PC*)4 ',tot ke* CC . - tfc at t UMT SUSI ti V NUN ',44'11.' AM) NOUND't). iklAttatAtaquit.htove 14_ x 60 Hes& No ot Storm .E.: -;; A, crop, -A Ow wowed;Aim and specieications dud be age et the Wilda*sib dams osinsfraciattri iio AWN%or Structisre wa%et _ Zoe" MO 041104ft4itat titetittiMftt ii, Sitratiuti Lot Ares $ lat Area AtitAlt*Ittt Itaititiop Height ..,, Frew Yard se, naix Mininiter I tont Yard Set Bed Rees Yard Sei Inuit Nbannum kw'teed Sin Back Sale Yardi set del.& . Mm n sick Yard Set back Awe Sow -id Fen (atteralStii‘n litikty Set Feet Central NI,Art Nittm f e» Ash+ N. Frei we Patna Came,/ Sq.Not Seem Tam Ciaatie, Other Sq.Feet Leaniitelti Sq.feet A C Med% Tam Seam Teak Teta/ Sq Feet Iliad/ma cwit, mittei briny.Ititisk flow rad* Slitittt4t buvrested Stakittql Perim $ Ii„.0( Fittotia Parma 3 Pharabstiq Perm* $ AC_ Meek Newt $ 10.4 .outite Perim $ ' StIthal Pulti Pate* $ Septic Tani! $ . . Tann Petite its,40 Ahcoeto apeekation hie neer examined and is hank/appreeed sebeeet elk dot mom et$ • , m prowided bit Ow Oialor Cassty Atiiikas Cade -.met direarte. egyardrox itu 1.4.114t. ., Jr k!lel_ SWAN tNiu.-iii _.: posit tilt,tot * ait ), hot atawmt uttlittri* ittittOtt i men date ea nom Pitrtflit VO*4$ MOW*iitailt*kitt**4 tt )49- ., ated Ms thit * -- ha***t-)aroi other use wittiotit*nea palm/tram the 1.pittng.Demme fee wil kr qua 0 *AV* * ittittAtti Witt*** t permit Tbe appnike twiner underdatait tive Me preeoneed : me d drum,t ,* pe wildly ivasprit mut ea appeared Caridteene id Occupancy ta~it . "FAILURE '1 ,- ! ' ,,tpLy iv/TR THE 0,..,,,,, LAW CAN RF t 4 IT ITrRry owR * ei,FiNE ,., .. . 41111 ill i .' APPLICATION FOR iidiLDING PERMIT COLLIE!COUeerr,FLmA DATE APPLIED 2-12-71 PET,MIT NUMBER 79,449 ..,_ DATE ISD __ B'.1lr-i'! NAME of OWNER Nit. Ifs _.._PHONE JOB ADDRE56 a ! C911114tA r443401444 laP 1 CONTRACTOR t.IM 0 Stare Reg. PBC S03 CC ARCHITECT Address • ELECTRICAL ... trinilait 8tt11.11. State Reg C.C. PLUMBING w r State Reg, • CC. MR COND/f101 •• Sate Ret. CC ROOFING State Ret. CG SWIMMING POOL Sane Rep. CC J LOT 37 BLOCK MAT SUBDIVISION Caribbean $ o OR iat£TF.S Alai? BONMM% ,^, Pettit to IluddAlimre Rpt OP ROM* > ?..i. Siete 14 x 'PO IMRE _No.of Storks , A espy of floe eppw&3 slime mad spedlicelient tical be kept at flee mint+Ire thrift conatrnotiam. Use ihdldby or Structure wall oamsmica TM z Minimum Lot Area Lot Area Mufti=Building Height Fran Yani Set Rath Witham'From Yard Set Bade . Rear Yard Set lade Aentimurr Rear Yard Set Back Side Yards Set Back , Minimum Side Yard Set Back , Floor Spam Sq.Pest Cosarat Sasser Mere Yea flaky_ Sq.Feet Os**Woe Moe Yes •, Porch Sq.Feet Wd Pasant No. Feet i Task Galant Carport Sq, Sepik Other Sq.Feet l ttilidd Sq.Feet AC Mach Tar Sop*Task Na Total .. Sq.Fart 1?rabktd Serb inches bdow Rank floor trade. Seniemith } Wan,Parent $ LV i00 Perak $ f f Permit $ A.C./Mach Pett idt$ Stoofing ela. Par* $ Swbe. Peal Patti* $ .i Septic Tank $ Total Porde de $ ' The above applicadon hap been et rrrietad and is hanky*firmedsr b**to tete paym nt of S 3S•00 by __ as provided by dot Collar Caasey Bddirt Code. Payment>tiiaetowsp< . .,. Ritha aw oil Y�Jr. (CX) Badding Official t �.__. .. -.... w This pens*eters:`wick is sat awstd"Mb*6 months from date of tome. Permit void if zoning chmell etian it vio- lated,Thin was;aux .'MN,lrnpe to any other wee without a new permit from the?rasing Directortee will be iptaitupied plus daily pettily of IPA)di)if work is auteed without a permit.The applicant further understands don the proposed use of structure itt.s.1asY1 hR,wmd arm mod as approved Certificate of Nancy is issued. "FAILURE 11U r;;i ,'Y 'WITS THE ower ,,��, " ECHAN', ' :.`r. . LAW CAN R& Attstet ,r'►,,s''''"9' ›- r SILT IN 'E T`'_.`JISIITIT Q $ F'-. �.%e''s Coograchirt� Allot l `I'*irk FORS _ . „ .�.�� .ms.:µ�,.�..; ` .; . • 1 RAM a" 'Q'a APPLICATION FOR BUILDING PERMIT • COLLIER COUNTY,PLO*IDA DATE APPLIED ._ FEB 1 ,. 1979 PERMIT NUMBER 7q 07 49 DATE ISSUED - -/et- 29 NAME of OWNER Ar• Le1iefde PHONE JOB ADDRESS 27 Colby Court, Caribbean a obile Home Turk, : orth Naples. CIA.33940 CONTRACTOR ..RA?ISI'" 10.4E3, Iii . Sate Reg, P.G.C. f 503 Cdw ARCHITECT Address ELECTRICAL : IOhiES. :;•C. State Reg. P.S.G. K 503 CL PLUMBING :RAitSIT t!Oi< v. ,.:;i.. State Reg. T.S.C. if 503 GJC. AIR COND/MBCH :RANS {Ci}=SS. 1::C. State Reg. F.S.C. 503 _GC ROOFING State Reg. CC SWIMMING POOL State Reg. Cr. Y Caribbean Iyi F LOT ` SUCK UNIT SUBDIVISION o OR METS AND IOi1 DS z Permit to Build-Allar-Repair.Move •rrui lar S Size ; z f 0 _ . Height _ '' No.of Stories 0 A copy of the approved plans and spediam ms Ad be kept at the budding tie during CalliViedia Uee 7' i '.e! building or Structure will fst� Zoning ORDINANCE STAN Loi Area "r X Minitnum Lot Area Front Yard Set flack 10 t Maximum Building Height Rear Yard Set Back ¢ ft- Minimum Front Yard Set Back 10 Side Yards Set Bade 1 3 f t. 13 f t• Minima Rear Yard Set Back P� Parking Spaces Minium Side Yard Set Back Noor Spice Sq.Feet Centrd Sewer Nara Yes Utility Sq.Feet Central Water Name Yes Porch Sq.Feet Weil Permit No. Carport Sq.Feet Septic Tads Gallons Other Sq.Feet DmIdeld Sq.Feet A.0 Mech _ Tema Sepik Tisk No. Total Sq.Feet Netttbltg Serb Itches bliss flriih floor grade. Sanitarian Estimated Cost per Ord.77'28 $ Building Permit f .7 7 Electrical Permit S Plumbing Permit $ j. C-` A.C./Meeh. Permit $ 1 1 Roofing Permit $ NOTE: Swim. Pool Permit $ Any work within Public Right of-Way most comply with Septic Tank $ Canny Ordinance Nq. 77.29 and Collier County Public Driveway Permit $ Rights-of-Way Construction Standard Handbook, latest Total Pedition. The above application has been era nited and is hereby approved subject to the payment of i 3 ea by __...__ ___ __as provided by the CoRler County Building Code. Payment Received _®_ Budding Official This permit expires.•work is not started within 6 months from date of issue. Permit void if zoning classification is via fated.This use must .r hange to any other use without a new permit from the Zoning Director. Fee will be quadrupled plus daily pcnahy o. 1..10 00 ii work is started without a permit. The applicant further understands that the proposed use of structure thasiziamidx2csistel until an approved Certificate of Occupancy is issued. Date Elec.Rev'd.__ ___. Owner Plbg.Recd C:IrI J. 'anisselberr A C Recd_ Roof Rec'd .1". contractor RA S1'. 4GL,'t;.S. l�1g Pod Recd_ ... FES • • S • FEB 1 9 1979 PLOT l'IAN (Nut. Lu Scale) = ; •C‘ • ) • • • • • 12* X. AO • • • • • . • , • • • • • • • • roN 11" • 14 . . • • OWNER r. enefde 111.00KZ....31 AMDIVISION Catibtean 1'4XF. MAL • • * FEB 1 1919 FEB 2 1979 APPkOVID. COLLfitik COUltrr simaime apt 1979 iiPPROv€0_ APPRC v'E . *MY OIL Um**04G— 01100---T7-"""si '119 JAAE04----asorTh".7""""• 11°14MPR'Li --"irx—N4441.1/11 1919 OWL 41P 111 APPLICATION FOB BUILDING PERMIT COLL.WEi COUNTY VI,OatW DATE APPLIED PERMIT NUMBER 79-790 DATE ISSUED 2"14.19 \AME of OWNER rat. M spti MOM JOB ADDRESS , CONTRACTOR . TE00114t 111111WII Stant Reg. laC sot Cc. ARCHITECT Address ELECTRICAL _ ._. `e State Reg. CC.40 10 PLUMBING Saco Reg.r CC AIR COND/MEGI " State Reg... w CC. ROOFING _. Saes llrg. CC. SWIMMING POOLSuet Rag C C ., LOT __2B KOOK SUBDIVISION Ci°4-1"4144111 lag` OR tiOTEIS AND SOUNDS Pant*to Beid-Aierrltepek-Moyne Shat 14 x 63 f4+t._._ No,of Seeders f A espy of the appeared plow seed specitkotiast shall be kept at the bedding site*ring coostroction. W ._ iv**or Structure wi[hire Zealot IOW eeewaseta,rateeraee Wolin*Lot Ates N Lot Ara 40 Z 78 l4htdeern INP MO/Height Front Yard Set Sack 10 MM- Frust Yard Set Stilt 10 Rear Yard Sex Back li lie kear Yard Set I ck Side Yards Set Back 13 13 Minimeast Stile Yard Set lack Floor Spite _.� Sq.Pert Ceeod Sewer Now ._ Yat Utility. _ Sq.Feet General Water Nims Yes Porch Sq.Feet Well Permit No. Carport. Sq.Fast Septic Tattle Colons Other Sq.Fest Dramedd Sq.Feet A.0 Mack,._. .. Toes Septic Tisk No. Tote. __. Sq.Wet Plumbing Stilt laden below Betide Boor grade. Iktirtwi Cort $ 114$111.0 ten* $ 10.00 Sfecitied Pewit $ Phalle*Perot $ S an A.C./Meed Peak; Roofing Mit $ Swim Pool Permit $ Septic Total Permit $ 13.30 The above applicoaan hes bete atratdeed iced to hereby aggrowad ettbleat to the purest of$ 35•00 by __.__ ___,_. as prodded by the Collbw Corley PuId ng Code. Payr ittali r d.. Itormood Dal r. Jr. €er) Ouildini Mewl This puma tondos'#writ is not started wedeln 4 reenter from date of issue Permit void tf weft death:atiuc is vio- lated This use neer ri t romp vs any other ser without a new permit from the Zoning Director Fitt will hr quadrupled plus daily perm* rf S`00.410 if work is started without a permit The applicant further undmtarde that the proposed µPr Aijs ; t initis an Certificate of Occupancy is issued. ' j, tY s t rI ;��r r s.1. MECIIANItIS t. i . +l LAW CAN — R • ___._._. _ SUIT IlV i tip • 'tWPERT'Y O W -•t.:• ' t T') , FOR OR BuILDIN 1 ., LIIPROI7EitE.v:.rs -------- -- MOS an 1015 APPLICATION FOR SUILDING PERMIT CoLLtee COUNTY,FLORIDA DATE APPLIED_- FEB 1 2 1919 PERMIT NUMBER _ 7 ei r�— 0 `50 DATE ISSUED awl"11 7d NAME dOWNER ...r'- ilium PHONE )OB ADDRESS - Lot 12P, Coribbeun I'.obile Tome Furk.:.ort•-. ';aples.F1u. 3394u CONTRACTOR - 'TRANS 1T M40YE5• 1"C•• Sate Reg. F•.1•:• A 503 CC. ARCHITECT _ Address ELECTRICAL. . Ti RAI Zi T 5{O:..ES r .:•C. State Reg. '_ •C• # -503 CC PLUMBING TRANSIT HOt S, • State Res. i •a•C• 0 503 CC. AIR COND/MECH=RA"17 UC,4E3. L,;. Sam Res. F.. .C. d 503 CC. ROOFING __ State Reg. CC. SWIMMING POOL State Res. CC. ,, LOT f 22 BLOCK CothY UNIT SUBDIVISION CarLtbonn i.111. s OR METES AND BOUNDS Permit to Build-Alter-Repair-Movet a l l e r --_---.- _ Size a. _ Naught --_—_.-.No.of Stones C A copy of the approved plans and specifications dial be kept at the building site during construction. • use T ru i t e r Building or Structure will f Zoning . ►Yg► V ,YC X 78 OSDINANca$TAt ? F. Lot Area_ Lot of Area IFront Yard Set Back Memnon'Building Height Rear Yard Set Back 9 ft• 3 Minimum Front Yard Set Back 10 Side Yard,Set Rack 13 ft. 13 ft. Minimum Rear Yard Set Back 8 Parking Spaces 2 Mini-num Side Yard Set Back 5 Floor Space Sq.Feet Camel Sew Note Yes Utility Sq.Feet Coital War Mum Yes Porch _._ Sq.Feet Wel Pang No. Carport . Sq.Feet Sepik Tabak Gallons Other Sq.Feet Dramfidd __. Sq.Feet A C Mich Tons Septic Tank No. Total Sq.Feet Plumbing Stub inches below finish floor grade. Sanitarian Estimated Cost per Ord. 77-28 $ Building Permit S b ` I Ekctncal•Permit $ /4121/1111 Plumbing Permit $ lAraiNE A.C./Meth. Permit $ ./....2_, d t Roofing Permit $ NOTE: Swire Pool Permit $ + Any work within Public Right-of-Way must comply witf- Septic Tank $ County Ordinance NQ. 77-29 and Collier County Public Driveway Permit $ 1 Rights-of-Way Construction Standard Handbook, latest Total Permit $ '3) L edition. The above application has been manned and Is handy►approved subject to the payment of$ 3.S by_.._._____-_ as provided by the Com County Budding Code Payment Received- _ —___.._ Building Official This permit expires if work is not Loomed within 6 tt oo&frost dam of issue Permit void if zoning classification n vio- lated This use must not change to any other use without a new permit from the Zoning Director. Fee will be quadrupled plus daily penalty to $W000 if work it started without a permit. The applicant further understands that the proposed use of structure gall!"be ucd or occupied until an approved Certificate of Oaupancy is issued. Date Elec. Recd .-- _ _ Owner Plbg Rec'd '/ r 1 J. e i b A.C. Reed Roof Rec d Pool Recd Contractor _:tA.iS.T MLLES. ;;.C. 09 41) I IEB 1 1319 pi.O`C i'IAN (Not. Lu s .alc) < • r• - e4 . • • • • • A • OWNER r . LOT j BLOCK =" :` SUBDIVISION., :ar bb `•:1 t LEGAL FEB 1 21979 1 i i 1 tat 4 ‘ 1 i k 1 ,t , ,.. ,_, , 1 \st di^- we w_ 5 t it I t 0 0 - '-',!'IVf.,,..' ..... 7!,..„ ' ' ''.'':''•';Tr.!'" '5,k,:1::,,v-'--- '-',..,,. „:. -• '' : ' . . •. ' -....-.. . ..-'' . . . . , . ,. Apologivnale_. .., , . rat immisloitper ,..s..• cajun couster,-SMOISkI2.' . "• . . •-.s ' ..f. Diril iititam,,,............ 4,..........,Uevl . 10 .. ' • PE01411%MOAB -.79.1771 DAittougit.•..:......4gdztdti , NAMOI*IrteR 4111641111100010111110 . . , ... . , ,.,.,..: •,,,.., , :,..,,. JOB ADDIIEN ss aisaby Caw*. Casittloosii SO. , - ,. -4 - ' coNTWACKOR -1,1111114t alawl f lac• Sate So #0110110 *la 3 , CC....;•-‘,..; , ‘, .- -.- )..., . , . . . . . . „ ARootter . . . . • ELSCIRICAL SON:Rs& "". Cr....,;..—. I'I.• PUSAING es Site kg. •• 11" ,.. AM COND/MEGH "" Stow leo. "li c4.:. ' • , .-•.-•..-. ROOFING Sate Re. SWIMMING POOL State R. I , , , SA 4-.0,---4.:— • 1:, Let 2 BLOCK uNrr--:.stapivisioN OR METES AND SOUNDS . _. • - . ,',.-: •, . !: . • . r . . , ! . Nadi tollw&LASNARepsio#Appre Sat Up Mobiles Aims. •. . , . /OP s z -:.—Holes No,ofSssOit- • - • . ,:. I . - A of die approved.pimus old'palliation'am be kept se*WWI**sloe doolot alooMosest • . ;'''-...., . .... ,., . (hi logilis$or StAMuse sell few . ' • : - '0•''• .. Zak* - - - , • 4 :.". , ...1 . •- .t. , . . . INISIVINICII SrAMPAIIIII-• • . - ) '. ''•••-•., • ?, i Atkisson Lot Soosi ..., . . .•••••I-' - • - Liiiiiiiii 41 X $O . . ,,. .. ' . Treat Yawl§et Sok LA' MosysalFrait IniedWii,liodc is ' • . , -, • •"; Roar YordSse Olds j A 0 Moons Imr4lositlitlask a ,ibis Yuds See Sid 'IS-Se IS S' /Adam Nil?bereft Irk 1 . 'illtiltrk.141 2 , . . .N RS*OPs Sq.Fes Cassel Sews Nose . . , Sq.Fee Casa Ilrow Mime Sq.Fes 107eS Posit Alw• . ; -•'.', •• .. 1 04111 ..Sq.Feet Sepik Tomb uies!,,,i,2 ......--.---, .-0Ibr it Fast Daisidi ' - - • -,- . - - 501.1ils" -A4Stedi Tons Stoic lbsik I*. , . . .. . •, . INN , Sq.Poet PhabbilfsiS " semi-ilea . . . • Ibilsied.Cost $ ., • H . 1/0000 Posit - $ , 1/1-40 • . , , gliiiikkii Pon* $ _tit 0a 16 0110014.Posek $ .* .11• , isaffia . • ' •••Islabliiiiiit 4 ' . SitSsilIoii Pow*4' - , •,. ... - , •*Ogg._ Vs* ; •'-a. ' , ... ., , , MO lbw* ..:- $ "Ths,absit1040.alan*Igilliwilli .11410 badly loPeovid SM* a.-416 kf. - '--.,.%.= ,-: : -,.- .., loi-stilleigleibe,Ciiiihrt ' ' - - . -' •.'•.'' :r:;--','• -‘,..-',-,- .• " - ;.lies:A •........-,,..• ••.-.- ,_.swastmosseasseousesessesosa-oroowsio.--xolowowlawrr: - .:,•.-0%.-,.--•.''..,- -• lowsktw . „. . , , --.•• tw. ",":' ,. ,. . -:• ' 7-7. 'le. , .. _' 1.14*.' ,A..., . 44....w0k,v.. v. ::- ). : . .p.,#1..,...7-—%,. =,.. ',:,.._....,"1..`':-•'..:'.i4 '' , . '..Ar'''',,:::',, ::12.,.',1„:,,,--t?„.,,,:,..,,;;:t',-..„-!:,.,,,,,,,,, ,.,...,.,,,.'_,.;':.,';..".T: '.--,;,,,,,,,,,'...-:-.! :,:.. ':: . ::...:,.,i' $4 .,..... s, -,'; ,.,. ..! ' :: ,,,;,-,',.4 4 V„ ' , ...: ...„-,,,,, ,•:': .,s.' A "P.:. N''''',4-:' ' ...,.',1'ao: , i ,,,,,,.'.,..,'!'-- :',-. .. ,-,. 4., ,', t:---',,--' '' iii .7-.• '' .','''",: ' ',''''.;-., . ',.., , .'re' • - , ', .:::-','.,:-.1'.VP'. • 4. :0P411r. - .. ',"..--.47:, '..y.--.- ;,', ::' ' . • - ':-''.* ;- .tv--.; - .,....-;, ' r'r, r :-4fe''.0.44 .,i5;•-:• i Ailf ...i 1...l'u;! ‘' .2'.. ...„,:•-,... r.;-:. , ,,,..., , 4 tilL441'47•":• 0.4 `'..^••".'' 't; • - ,tS4,,,i'd-k41'..N•'''''•.14', ..-''"' .''' '"1*--•?' -'4. ''--4 ,,, ,---:,744, --''7'TOt.;kir is.'1'4 ;',•;.1,;...ik? .,.—.a r,4-'r:›.4i,k 74t."..,'$• "1,..4-tie",a4"3.'".'f',1/4e,•^-40.ei.....••''"' •'." -14 ''.'" _ '4,4 40 ''' '`' —•'i • .-4'.' , .4. S IP - - FORM lipt 1015 APPLICATION FOR BUILDING PERMIT COLLIER COUNTY,FLORIDA DATE APPLIED._.____APR 1 '. 1979 PERMIT NUMBER 7 I ,. ..__.___17 71 _ DATE ISSUED-____-4/..-1/ - 71 NAME of OWNER Mrt__McGrevor _PHONE JOB ADDRESS_Lot # 26. Colby Court. Caribbean MHP., Naples, Fla. 33940 CONTRACTOR TRANSIT HOMES. INC. _ State Reg.P.S.C. # 503 C.C. ........ ARCHITECT,,.,_...,. --__ _---__ Address -----.—�___ ELECTRICAL ...__TRANSIT HOMES. INC. State Reg.P.S.C. # 503 C.C. _____- PLUMBING ,__._TRANSIT HOMES. INC. —__ State Reg.P.S.C. # 503 C.C. AIR COND/MECH TRANSIT HCRIFS. INC. State Reg.P,a.C. # 503 . _-__C.C. ROOFING ___.___..._.__ . ____ _..__ __._State Reg, __ .______._____ _�C.C. �._ SWIMMING POOL_.__.___._.._._____—_.._____ State Reg. . C.C. Colby Ct. __.__ �� ____ LOT._?6...___..____._.BLOCK __ .__.___..UNIT....._____SUBDIVISION _Caribbean MHP. W OR METES AND BOUNDS J i Permit to Build-Alter-Repair-Move_ Trailer Size .1-4.-._x.__56___ Height__.Q_..____._._._._No.of Stories 0 A copy of the approved plans and specifications shall be kept at the building site during construction. Use T ra 11 s r Building or Structure will face Zoning V `- �1 .... -" ORDINANCE STANDARDS .f. Lot Arca__45 x 8D., - Minimum Lot Area _________.__ ____ z , w Front Yard Set Back 14 ft. ___._____-.. Maximum Building Height Rear Yard Set Back_1Q. __ _ Minimum Fron.Yard Set Back 10 Side Yards Set Back15.3 ft. 15.5 ft.• Minimum Rear Yard Set Back 8 Parking Spaces _ 2_ _____ . Minimum Side Yard Set Back 5 — �r Space `,__� _. _ Sq.Feet Central Sewer Name�� Yes Utility __.._...._-_ _._______ Sq.Feet Central Water Name Yes Porch . .........._._._.-----.._. .__ Sq.Feet Well Permit No. - ---- Carport .-..�_ —Sq.Feet Septic Tank . Gallons Other _._-.-_. �.Sq.Feet Drainfield _.__ Sq.Feet A.C.Mech .__ __ Tons Septic Tank No. Total Sq.Feet Plumbing Stub _ _ inches below finish floor grade. Sanitarian Estimated Cost per Ord. 77-28 $ V Building Permit $— Electrical'Permit $ --._ Q_ P O Plumbing Permit $ , 0 C A.C./,tech. Permit S _ ,G' Roofing Permit $--.___.—._..-_._.._ NOTE: Swim. Pool Permit $ _________ Any work within Public Right-of-Way must comply with Septic Tank $ _ _ ______.i County Ordinance N2. 77.29 and Collier County Public Driveway Permit S._ i Rights-of-Way Construction Standard Handbook, latest Total Permit S ..; t et, edition. The above application has been examined and is hereby approved subject to the payment of$! !.7777" --.."7 by___________as provided by the Collier County Building Code. Payment Received: ______ _____...-._---• Building Official This permit expires if work is not started within 6 months from date of issue. Permit void if zoning classification is vio- lated.This use must not change to any other use without a new permit from the Zoning Director. Fee will be quadrupled plus daily penalty of POO if work is started without a permit. The applicant further understands that the proposed use w structure Mall not I used or occupy until an approved Certificate of Occupancy is issued. Date Elec Rec'd____ ______—_—`--- Owner Plbg.Rev'd__,_ __ AC. Rec'd_� Agent Carl J. Deiseelbere Roof Rec'dz_—_ ----_-----_ Contractor TRANSIT HOMES. INC. ti-ii Pool Reed t's?' 1 3 • • (;PR , 3 1979 PLOT PLAN (Nut to Scalc) 14 ft . 15.5 ft . • 15.5 ft. 14 x 56 • • • • V • 14 ft/ V OWNER Mr. McGm,or LOT 26 cilibxickt- SUBDIVISION Caribbean sem LEGAL SPR 1 CD N 16 t‘of .7. t'. 1 ' i 9`, • * \ 4 a O '�,` IS ; \� �• N:1 ,y %I t ! • 7\ cc 4.0 a. i A S 11 1 1. 3 A ,mil r 41 t ♦ 0 4. • ?'ap1r • JtitL ? cw5 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Cheri Koerner who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County. Florida;distributed in Collier and Lee counties of Florida:that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida.each day and has been entered as second class mail matter at the post office in Naples,in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1619334 PUBLIC HEARING 45-176563 Pub Dates June 2,2017 (Signature of affiant) ° 'CAROL E KANGAM ♦1 °€ Nolan)PvMk•Moto of Florida 0 Sworn to and subscribed before me =' '= Comm.E 0 This lune 06,2017 ; -� ,; > � U.2017 Na „ Commlooloe O FF 017037 .3_3104 ci,yyr (Signature of affiant) IA Frgay,lune 2,2017 Naples Daily News QUICKSTART . . __ _______ __ Naples Bailiff it•EWS PEOPLE IN THE NEWS LOTTO re:;', 3►TaTJM11:: +.m, .nw:ad x am, xc mro..oa,,, cas.aaaeee,M at no, AMY YreYil falakN pate N or Anthony,"the article.While "i°ttlA1n°""'°""'"•.p,Wean.*me .hewn ,rend t.oren.t>n a non Si..men at axed= sawsa,p„e.,, Savrawsmw.wy wp g+o, muses lee.s.rW 7611, aw .,. she says the affectdoescant ra[rage se meq,aanW., 90"')600E of Ao10' fy,"She says it dont d sher and herd ! n� f3•Da• 7'97'3 tR003 76360. .4 guitar that Jerry Francisco's played family,so she"wanted to eaten record Wl ---- • 4,0e'IA, everywhere from San Wm- straight." seta a, 3,e.sa 30 sa.uoaTEP CIRCULATION RATES terland Ballroom to Garner is also shootingdown tabloid Hods Leib Yee VIA arras Paean./aapaNwah MA,3150 a top/.soda Se aa:s,. Egypt's Great .plush e...,w,s.drpa$•N,u•w"0W Thu NAPLES PAIL`,YEWS BchPyramidstanreports that she's pregnantwd with twins. j x '''''''"°'as•ii ore,.,, fetched more testi writing.I love three wonderful kids DO,.ews ad,.rm.. m.ww sop Id "•°n""" - ",nw,-," SI nu02on at an auction and my fatally Is complete" .*me..m, ,ee,s,a,to pwwn-+ie0 Wednesday night - 'wr.Ns,pw N da.hu ieavewwrat,ismeu me.. *yet.a•tone,Mo. sere.,«am„ >' . A People sepresenmtive says m a j 'gaRranaBgtlawkea..g xraA.as.,er. .,yeti,wnmm a,239-363 an•Wu A,No3 The Grateful Dead statement that as story on Gamer"is I musk Millions PROM AM sIasCRlenon trainman's guitar fair and truthful,"adding that"it does M.,3s Swn.ar away and Sana,, named Wolf—was sold not include rumors and does not say 'wren ...41147.1643 u,t swan Woad.. as. ale.. at the Brooklyn Bowl,a she's pregnant" astoAMw.gNsw„.,e,Reaa,daxed at+lam ,....s 561M 169.3 91 ilia howlingallee,,restaurant n,wew w,dnwv4eoo raw„area r,a:awm. Nay.. 4,Y4'. flt9m f119N llgl36 'wN.nr,i.ne 9luwte'-Own hr...... Petition No. PL20160003227 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS 1. I hereby certify that pursuant to Subsections 10.03.05.B.8 and 10.03.05.B.10 of the Collier County Land Development Code, I did give notice of the public hearing before the Collier County Planning Commission scheduled for June 22"d,2017 by U.S. mail to the affected property owners at the addresses provided to me by the Collier County Property Appraiser's Office on June 2"d, 2017. A copy of the list of addresses from the Collier County Property Appraiser's Office is attached to this Affidavit. 2. Copies of the letters mailed to the affected property owners are attached to this Affidavit. Dated this c/)6,6' day of 2017. / Signat • 4 Print ame G Print Title 1 of 2 STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida, personally appeared N1 `IA 4 Sk A' £Gf.l— , who is personally known to me or produced Rt t-- as identification, and under oath stated that the above is true and correct and to the best of his/her knowledge. DATED this " ''' day of µA--LA , 2017. K Notary, . e of Florida M 44.G(,4-er k6,D Pit tr4A 41-- Notary Printed Name My commission expires: ,,,..�7::::) MyICMOR BOOR►01 F ot�a ;`:°`•FNotar Public-5tateof Commission N GG 007894m, My Comm Expires Jul 4.2020 ''."'a.d;`, Bonded through National Notary Assn- '•aruui'' 2 of 2 COLLIER COUNTY Growth Management Department June 2nd, 2017 Dear Property Owner: This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet (urban areas)or 1,000 feet(rural areas)of the following described property, Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on June 22nd, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. NUA-PL20160003227—Petitioner, Caribbean MHC Owner LLC requests a non-conforming use alteration pursuant to LDC Section 9.03.03.B. to allow 8 mobile homes on property zoned General Commercial District(C-4) along Colby Court,of which 6 are existing and 2 were previously removed. The subject property is known as the Caribbean Park Community and consists of 51.75±acres of land located at the northeast corner of US 41 and Wiggins Pass Road in Section 15,Township 48 South, Range 25 East, Collier County, Florida. You are invited to appear and be heard at the public hearing. You may also submit your comments in writing. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEX AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE HEX SHALL BE SUBMITTED TO THE COUNTY STAFF MEMBER NOTED BELOW A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HEX WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. Any person who decides to appeal a decision of the Collier County Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact the staff member noted below at(239)-252-2931 to set up an appointment if you wish to review the file. Sincerely, Fll+tiC 106.46 Ott Eric Johnson Principal Planner VAN...8NALM NU PUD I„p,,, C•3 . _I, .I.I- , , I.I..I*I.I=1 / C4 '' i O.' SITE r/ PROJECT s, LOCATION LOCATION c, p .,,_ 11rMh tt CI 1 A j W If o 1 S /2 '\ PUD - WIGGINS PASS RD I ^^•^ c� E L Tipl PUD t CPUD II]"laall'l.hlai11Id-'.: ,. :p 1 BLUEBILL AVE 111TH AVE N IMMOKALEE RO ro , U Y ,C.4 3... \18 �Iti lj 1lllifi1 de viiiiimiel Nii -___9A 11111intail41111166‘ iltSPL Location Map Zoning Map Petition Number: PL20160003227 Sign Posting I �II SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five(5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED G 1�1Z'� tq\U LLE WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER Q4-PL 016O04s_ !�WAWA ?.122 3QNNso \ STRt✓ETSICi 't '' `� OR GENT STREET OR P.O.BOX NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER 2341 Sou //�� The foregoing instrument was sworn to and subscribed before me this day of , 201 ,by `Q tAV L et . , personally known to me or who produced as identification and who did/did not take an oath. -4k.NrY%-Gik,".aZIk c'e Signature of Notary Public 111rkFtt4 WYE. M+NR.l Printed Name of Notary Public My Commission Expires:401 t (Stamp with serial number) ..,.'ti,,, AMANDA MAE MARTIN '+• •'= Notary Public•State of Florida Rev.3/4/2015 =•• •I My Comm.Expires Jun lb. /4,Y_ r Commission#FF 95921 t s t i :fir ` # + 1 i —a ,� 4 o j¢N. 4 411 f N a at 1.--.. 1r gli r: f y F- f, • t > :1 [..1 Q c a sO fi t �c=fcameo ..1 t3 x , 6,•.=- ,,.' I'Zsc �: r t zZ a -°1M?mss 'c . i s. gip ` z9 -,1 H a:;.-c W� :_fir �F.. C�3s: � i e F � 1 j } 0-1 Q Ly t 1. 'i' a.W CCC f ¢� . k 4. 4 irkii! 4. so Ili '''').., .ir':,-.:'4.. , --1 k , 0 . ''' fi •.'t. ;, ! .t.. 4' t 8 JjJj1flIfIL • /44 A I . arc -i- ,';',x s 3 is LL �' t tet? ZQ l tic = =a ', • 4.. 7i.- „,, • - f Fes. ±� _ it f. Z # _:.j 5 2. i 111 H c .7. s — t_v = - � ' D F. — L ..' L V/.. KE €i'k a .M a. I 4%, ,f,-,;0 • ... ) # „t”. "." 1111110 t k ^` i Llai W wi+w.— ,..,_. ,._....... �.a«o- I x::c.masa' * 1 ' • `* �. • ii ft,: , .. 4 • ' t 4. • • 4. \ •. f • ^. t. , a • t: I" i 1 e. a x r Pre-Application Meeting Notes Co Lçonty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www calliertov,net (239)252-2400 Pre-Application Meeting Notes Petition Type: NUA Date and Time: December 7,2016 at 1:30 Assigned Planner: Eric Johnson Engineering Manager(for PPL's and FP's): Project Information Project Name: Caribbean Park NUA PL#: 20160003227 Property ID#: 00153360008 Current zoning: C-4/MH Project Address: East of Colby Court City: Naples State: FL Zip: Applicant: Johnson Engineering, Inc. Agent Name: Laura DeJohn Phone: 239-229-1726 Agent/Firm Address: 2350 Stanford Court City: Naples State: FL Zip: 34112 Property Owner: Caribbean MHC Owner LLC Please provide the following,if applicable: I. Total Acreage: 51.7 ii. Proposed#of Residential Units: ill. Proposed Commercial Square Footage: iv. For Amendments,indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project,please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Co Camay COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www,cofliergov.net (239)252-2400 ( Meeting Notes (►o''e) G e .Ji _ d5 1 �_ -�P�na�tl�►f� raptI i w o sikattil 414,9- wl i In i wives' C4440-4( -a v -gve. 5 4-tvf►, gerriv40.45 VIA-4/. 0D41. /32435T E V/,06:�.3!'.� riogore)6R-4/0/c ioNDfa2 cvsee-00734R-!) 77-/i9 r W owes u,)eie "ERN T7 b /N 7.71&. / s7 PR -se,Lrr ✓t DE )CE W,(s /A J A DigP 'i 1T Taunt), Z ,snetcr (F /i/Puc..4t.3c.t�.). 5 ) 771/417- 711E- SNS/ T y Cbt»c �=s Zc� 7-AL7 1��Ns�ry R47-7/06 5 77f? . Co _ County COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliertov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Non-Conforming Use Alteration 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. et_exsG 5416>N7 r PDP 7/ e0GPA 43.2724L.- NOT REQUIREMENTS FOR REVIEW :op REQUIRED REQUIRED Completed Application 1x / Eir0 Pre-Application meeting notes/minutes 1 0 Aerial Photograph, / Completed Pddressine Checklist 1 fir Affidavit of Authorization,signed and notarized .2 / [] Site Plan drawn to scale .12'/ Narrative statement covering the nature of petition 12 / Proof of ownership or interest in property,deed or contract to purchase 3 / Electronic Copies of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 0 materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBUC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: Non-conforming Use Alteration Petition:$1,500.00 Cad Estimated Legal Advertising Fee for the Office of the Hearing Examiner:02 W /d 5 ! 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/Agent Signature Date Printed Name 6/3/2014 Page 3 of 3 ReischlFred Subject: PL20160003227(NUA) Location: CONF ROOM"C" Start: Wed 12/7/2016 1:30 PM End: Wed 12/7/2016 2:30 PM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: AcevedoMargarita;AhmadVicky;AlcomChris;Amy Lockhart-Taylor (IockhaCpcoliierschools_com);AndersonRichard; AnthonyDavid; ArnoldMichelle;AshtonHeidi; AuclairClaudine; BaluchStephen; BeardLaurie;BeasleyRachel; BrethauerPaula; BrownAraqueSummer; BrownCraig; BurtchinMark; CascioGeorge; CondominaDanny; CrowleyMichaelle; David Ogilvie; dfey@northcollierfire.com; DumaisMike; FaulknerSue; FeyEric; FleishmanPaula; GarciaShiriey;GewirtzStorm;GosselinLiz; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia; JacobLisa;jnageond©sfwmd.gov; JohnsonEric; JourdanJean; KendailMarcia; KurtzGerald; LenbergerSteve; LevyMichael; Imartin@sfwmd.gov; LouviereGarrett;MartinezOscar; MastrobertoThomas; McCaughtryMary; McKennaJack; McKuenElly; McLeanMatthew; MoscaMichele; MoxamAnnis; NawrockiStefanie; OrthRichard; PajerCraig; PancakeBill; PattersonAmy;PepinEmily; pjimenez@sfwmd.gov; PochmaraNatalie; ReischlFred; RosenblumBrett; SantabarbaraGino; SawyerMichael; ScottChris; Shar Hingson; ShawinskyPeter; Shawn Hanson;SheaBarbara; SmithDaniel; StoneScott; StrainMark;SuleckiAlexandra; SummersEllen; SweetChad; TempletonMark; VanLengenKris; WaishJonathan; WeeksDavid; WickhamFlannery; WilloughbyChristine; LKS@johnsoneng.com Planner-Eric Johnson Fire District-North Naples Fire ****************************************************************************** 1 w - ,. Jill lar • ,, Una z. \ .r"r. , ter zw.,79r.i., „.. ., t . r .lM1 ! jj z, .. �ar - ,- .. r-.. 1 64-......„ 7,,,II I . ', t }li .I 1 1-. .444 . ' 4- cmi } ............2. _.., ..,' ..fin 1.........*am 4 .a. IP, u. I 'm - i of iri Pr log .4 1 , ,. . it ♦ y► t '- . , • - ,i moi. ! �1 PPli ip. **. Project Type:Pre-Application Meeting Project Description:The applicant Is requesting a Non-Conforming Use Alteration(NUM petition to allow two mobile homes in the C-4 zoning district. The proposed homes will be placed on two existing homesites within Caribbean Park,a 359 unit manufactured home community located on the northeast corner of Tamiami Trail and Wiggins Pass Road In North Naples. The 51.7 acre park is currently zoned MH except for a small area located east of Colby Court which is zoned C-4 and is where the proposed mobile homes will be located. This area has always been considered part of Caribbean Park and mobile homes have been approved on both lots in the past. The proposed request is needed to allow the intended use of these lots to continue. Existing Application Name: Meeting Type:Pre-Application Meeting Preferred Date:Nov.30th,Dec.2nd, Dec.5th,Dec.7th, Dec.9th Unavailable Dates: Location: 1 Sunrise Blvd,Naples, FL,34110,Parcel Number:00153360008 Full Name:Laura S.DeJohn Email:L.KSliOjohnsonena.com Company Name:Johnson Engineering,Inc. 2350 Stanford Court Naples,FL 34112 Representing: Contact Number.Cell:239-229-1726 2 Il I-- _ 1 Ss3' —Tin 1 �'4 i--Zal i o x r in Dm_ Yom/' raanr, g r' • X i In PI G A > L J —18, I {„_ _rim,tyre me __ 1 — Un 1-.- L j VNM:3NIOd K i h 61 4e) "...\ N f- JIM —1 3dvtbvas — , No_ N N ,__ :yr ZYI I S I NYIV 15 P. m ihr43 §.NNr"1S 1 '_zz. r r _ t "71 "2� _ I sr) Lorca MU { a B i NI� i f" VI 1) a COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRiVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierirov.net (239)252-2400 Pre-Applicatlon Meeting Sign-in Sheet PL#: 4:20/6, 600 .gc,a 7 Collier County Contact information: Name Review Discipline Phone Email ❑ Chris Alcorn Utility Billing 821-8136 chrisalcorn@colliergov.net rl David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch,P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net ❑ Rachel Beasley Zoning Services 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@collicrgov.nct ❑ Mark Burtchin ROW Permitting 252-5165 markburtchln@colliergov.net ❑ George Casclo Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heldiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Dale Fey _ North Naples Fire 597-3222 dalefey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafieishman@colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 r shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colllergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson,AICP,CFM Zoning Services 252-2931 ericJohnson@colliergov.net O Marcia Kendall Comprehensive Planning 252-2387 marclakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Garrett Louviere Stormwater 252-2526 garrettlouviere@coiliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@coNiergov.net ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@coliiergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmciean@colliergov.net ❑ Gilbert Mondvaiz Utility Impact Fees 252-4215 gilbertmonclvaiz@colliergov.net ❑ Annls Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net ❑ Jessica Huckeba CAD Technician 252-2315 JessicaHuckeba@colliergov.net O Brandy Otero Transit 252-5859 brandyotero@colliergov.net 9erntY - COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 ❑ 8111 Pancake North Naples Fire 597-3222 billpancake@colliergov.net O Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net _ K Fred Reischl,AICP Zoning Services 252-4211 fredrelschl@colliergov.net ❑ Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Edwin Sanchez _ Fire Review 252-753.7_ edwinsanchez@colliergov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net O Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@coliiergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 PeterShawinsky@colliergov.net _ O Daniel Smith,AICP Zoning Services 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 ElienSummers@coliiergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examlner/CCPC 252-4446 markstrain@colliergov.net ❑ Chad Sweet Transportation 252-5687 chadsweet@collieroev.net ❑ Mark Templeton Landscape 252-2475 marktempleton@colilergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email 3/4pP ci?DW JU ios NSd d re-033 jure 'dh��eltera.cdw � `t Mvi.►-Ek' as so� 3 -0 3rvN.0tlest �h ten:com -Lle\ ZZ 4&, erg,-ipcz _V,AA(.cOw e 7 14 . co,...., Intt,.tircl nio3)k , Jo kin Strn 2s3-4331 jodepiy,QuohvistMe45,cow. 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J {may Ito ��, NJ' d N CI)u. _ C 44 N_ V I... 1 11111141111116 .s ,7 OOP' m ill I .. .04 , , 1 4} • j 3 sAien mows «;a ....... :.. * ,. 13 tAm11Sures i i, ..• ilik IP , Sar-I2 Johns C 1 4 ...,, le -,--" . at, 3 _ a".....41 il 464 ; .'' ,r".-.', , '4 a . ice `;,. .: Cl a Alt' d ° ,i , 711r* . 4 *- /f Ty1o,CT ai 0 Cod. ,er 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 :3MD_Addressing@colfiergov.neii or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 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) 0 VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) OTHER NON-CONFORMING USE ALTERATION - - - - - - - -- - - - - LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) See attached CCPA property summary S1 5 T4 8 R2 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 00153360008 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 1-Sunrise Blvd, Naples;- 3 , 25 C Ly Ct • 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 unpiatted properties) CURRENT PROJECT NAME(if applicable) Caribbean Park PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# Cootie r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: Ej Email ❑ Fax 0 Personally picked up Applicant Name: Jared Brown Phone: 239-434-0333 EmaiIIFax:jrb@johnsoneng.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 00153360008 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ g---.. "votLd Date: 11/18/2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Property Appraiser Data Collier County Property Appraiser Property Summary Parcel No. 00153360008 Site Adr. 1 SUNRISE BLVD Name/Address CARIBBEAN MHC OWNER LLC 6547 N AVONDALE AVE#301 City CHICAGO State Il Zip 60631 Map No. Strap No. Section Township Range Acres *Estimated 3A15 000100 019 3A15 15 48 25 51.75 Legal 15 48 25 S 881.80FT OF N W LYING E OF US 41 LESS COM AT SW CNR OF SEC 15,E 34.80FT&POB, NELY 580.15FT, E 230FT,S 238.03FT,W 119.75FT,S 335.69FT,W 195 +-FT TO POB Millage Area• 143 Miliege Rates 6 *Cakulations Sub./Condo 100-ACREAGE HEADER School Other Total Use Code• 28-PARKING LOTS,MOBILE HOME PARKS 5.245 5.708 10.953 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (soon tt to t:har«u: Date Book-Page Amount Land Value $5,949,136 06/01/16 3283-3510 $27,000,000 (+) Improved Value $68,142 11/16/10 4626-1867 $0 10/19/95 2110-1535 $0 (_) Market Value $6,017,278 01/09/89 1407_-402 $0 (_) Assessed Value $6,017,278 01/01/89 1407-399 $5,600,000 (_) School Taxable Value $6,017,278 10/01/87 1304-457 $0 (_) Taxable Value $6,017,278 10/01/87 1303-1159 $0 If all Values shown above equal 0 this parcel was created after the Final Tax Roll . a� sA t0W �Q�Q 7 00 0 NIL OdD U ro_* + v m C NZ fns^�JU::w. `O gra^,` mTpDk ,_,..r° � p i �y oon--- 0 ❑ ® - s2mpmWAA CO p 3 J N o . , tdot . , V I . v. c U) CN R. v 4/ 1 '716111:41: E a) d c L 4• ,,;. CD IIIf",A w k E m 3 II/^� ' eid'' r' i ' 11 ''2ViiCT i/.'li 1111414 s 0 E U 4:6111‘ 1 .0§11 11 .9. N xL 0 t i 34 , ' c, .-f ir'''' . I ..* MIN f.' vitt--- - *-.4.", 'AWL -'`"" '' -44tr P 0 I c 'Y g 3 o t 0 Y �q'.r. ' . ^ l 0 5 i g —"• a f • .. 44. 11 C -»-..---;r--.7.7 . ..'_.-_....-- ` • r L a Ii T+msrw T`N• r �.. __ Pi« of Q •. a. .. 411. .WW I a.. WOW IM. ... .... .► . ..,- ....,....... .w.Wr.�r. 1 d o k 1 -rte•--p4, ! r"a Authorization r. AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20160003227 Edward C.Zeman (print name),as Managing Member _(title,if applicable)of Caribbean MHC Owner, LLC --(company, If a plicable),swear or affirm under oath,that I am the(choose one)owner x applicant' contract purchaser and that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize 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(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". — . In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in jt.are true. ,.'� ,,,,, I'ZAii _. Signature Date STATE OF FLORIDA'fit--1.J o IS COUNTY OF--COWER Goofs-. The foregoing instrument was sworn to(or affirmed)and subscribe • ore m. on L (? l (date)by E1/4_\..cJa(`ct.. +:mom r-• (na of person pr.v'.mg oath or affirmation), as d. _ who is personally known o me or who h r,• ••used ''• Sae Ail ' r1ocJll (type of identi I tion)as identification. f ' _ STAMP/SEAL : ure of otary 'ublic .. OFFICIAL SEAL JENNIFER SMiTH Notary Public-State of Illinois My Commission Expires 1/07/2021 — CP108•COA-00115\155 REV 3124114 Corporate Disclosure of Ownership OPERATING AGREEMENT of CARIBBEAN MHC LLC THIS AGREEMENT is made and entered into on May 31, 2016, by the following person ("Member"): ACCRUIT EXCHANGE ACCOMMODATION SERVICES LLC ("Accruit") Article I Select Definitions "Act"means the Limited Liability Company Act from time to time in force in the State. "Agreement"means this Operating Agreement,as originally executed and as amended,modified, supplemented or restated from time to time,together with any exhibits hereto. "Charter" means the articles of organization, certificate of formation or similar instrument, as amended from time to time, issued by the State evidencing the formation of the Company. The Charter was issued on May 16,2016 as File Number 05794749. "Code"means the Internal Revenue Code of 1986,as amended from time to time. "Company"means the limited liability company formed upon the filing of the Charter and whose affairs are governed by this Agreement. "Management" is a reference to the person or persons vested with the authority to manage the Company's affairs, namely, the Manager. The Company is a "manager-managed" limited liability company. See Article 8. "Manager" means Edward C. Zeman or any other person subsequently appointed as such in accordance with Article 8. "Member"means the person identified as such in this Agreement. "State"means the State of Illinois,which has issued the Company's Charter. See Section 17.6 for additional definitions and rules of construction. Article 2 Organizational Matters 2.1 Formation and Statutory Authority. (a) Formation. The Company was formed upon the issuance of the Charter by the State. The Member and Management hereby ratify and adopt the acts and conduct of the Company's organizer in connection with the filing of the Charter as acts and conduct by and on behalf of the Company. The LP 6762663.2 1 39138-102840 21688924.2 .."1 organizational and other activities for which the organizer was responsible have been completed and the organizer is hereby relieved of any further duties and responsibilities in that regard; the organizer is hereby released and indemnified by the Company from any liability on account of its actions in connection with the formation of the Company. (b) Statutory Authority. The Company shall operate as a limited liability company in accordance with this Agreement and the Act. The rights and obligations of the Member and Management among themselves and in relation to the Company shall be determined in accordance with this Agreement and the Act. To the extent that anything contained in this Agreement conflicts with the Act,or modifies, supplements or otherwise affects any rights or obligations under the Act,this Agreement shall supersede the Act,except to the extent expressly restricted by the Act. 2.2 Filings. Management shall make such filings and do or cause to be done such other acts and things as shall be required to continue the existence of the Company in the State and shall cause the Company to be qualified or registered under assumed or fictitious names statutes or similar laws in any jurisdiction in which the Company owns property or transacts business to the extent the same is necessary or,in the judgment of Management,advisable in order to protect the limited liability of the Member or to permit the Company to lawfully own property or transact business. Management shall,to the extent the same is necessary or, in the judgment of Management, advisable, execute, file and publish all such certificates, notices, statements or other instruments necessary to permit the Company lawfully to own property and conduct business as a limited liability company in all jurisdictions where the Company elects to own property or transact business and to maintain the limited liability of the Member. 2.3 Name. The name of the Company is the name set forth in the heading of this Agreement. The affairs of the Company shall be conducted under the Company name or such other name as Management may select in accordance with the Act. If the Company uses a fictitious or assumed name, Management shall execute and file all certificates required by any jurisdiction in which the activities of the Company make it necessary or desirable to do so. The Company shall have the exclusive ownership of and right to use the Company name and any other names under which the Company conducts its affairs. 2.4 Principal Office of the Company. The principal office of the Company shall be located at such place within or outside the State as Management may from time to time designate. The Company may have secondary offices at such other place or places as Management may from time to time designate. 2.5 Records to be Maintained. Management shall at all times during the continuance of the Company keep at the Company's principal office such records and information as the Company may be required to maintain in accordance with the Act. 2.6 Registered Office and Registered Agent. Management shall designate a registered office and a registered agent in accordance with the Act. Management has the right to change the Company's registered office and/or registered agent from time to time in accordance with the Act. Management shall select and designate a registered office and registered agent for the Company in each other state in which the Company is required to maintain or appoint one. Article 3 Purpose of the Company The Company was formed in furtherance of a certain Qualified Exchange Accommodation Agreement between Member and Alpine Village MHC LLC ("Taxpayer") dated on or about the date 2 21688924.2 hereof (the "OEAA"). As contemplated by the QEAA, the purpose of the Company is to indirectly acquire, own, develop, improve, lease, operate, manage, maintain, finance, refinance, sell, exchange or otherwise deal with and dispose of the real property commonly known as 1 Sunrise Blvd., Naples, Florida, and all improvements, additions, replacements, easements and any and all other rights appurtenant thereto, and all personal property that might be used or useful in connection therewith (collectively,the "Property"), through a directly and indirectly owned subsidiary named Caribbean MHC Owner LLC, an Illinois limited liability company,and undertake such other activities related or incidental thereto as Management may determine is in the interests of the Company. Upon any transfer of membership interests in the Company to the Taxpayer or any other person,pursuant to Article 10.3(f)or otherwise,the purpose of the Company shall continue to be to indirectly acquire,own,develop, improve, lease,operate,manage,maintain,finance,refinance,sell,exchange or otherwise deal with and dispose of Property and undertake such other activities related or incidental thereto as Management may determine is in the interests of the Company.The Company may conduct all or any part of its activities directly and/or indirectly through one or more subsidiaries as determined by Management. Article 4 Duration of the Company • 4.1 Duration of the Company. The Company shall continue in perpetuity unless sooner dissolved in accordance with the other provisions of this Article. 4.2 Winding-Up. The Company shall commence a winding-up of its affairs upon the earliest of: (a) Disposition of All or Substantially All of its Non-Cash Assets. The sale or other disposition of all or substantially all of the Company's non-cash assets; but if the foregoing sale or other .-. disposition involves (i) the receipt of a deferred payment obligation, whether or not secured, or(ii) the receipt of payment in whole or in part in kind, then at Management's election the term of the Company shall not end, and it shall continue, subject to the other provisions of this Agreement,until the earlier of the time that (A) the deferred payment obligation shall have been paid in full, (B) the in kind considerations received by the Company shall have been sold or otherwise converted to cash or (C) Management elects to distribute the deferred payment obligation or in kind considerations. (b) Decision of Member. The Member's decision to do so. (c) Judicial Dissolution. Upon the entry of a judicial decree of dissolution of the Company in accordance with the Act. The winding-up of the Company shall be conducted in accordance with this Agreement generally and Article 16 in particular. 4.3 Continuation of Company Upon Certain Events. The death, disability, court declaration of incompetence, bankruptcy, dissolution, liquidation or other dissociation of the Member shall not dissolve the Company,but it shall be continued with the successor or legal representative of the Member; such successor or legal representative shall, to the extent of the interest acquired, be entitled only to the predecessor Member's rights, if any, in the distributions of the Company,and no such person shall have any right to participate in the management of the affairs of the Company or vote on any Company matter without the written consent of Management, except to the extent any of the foregoing events shall cause the Company to have no Management,in which event the successor or legal representative of the Member shall be entitled to serve in such capacity. See Article 10 for additional provisions applicable to any such successor or legal representative. �-. 3 21688924.2 it Article 5 Capital Contributions to the Company 5.1 Capital Contributions. The Member (or its predecessors, if any) has made such contributions to the capital of the Company as are reflected in the books and records of the Company. 5.2 Additional Capital Contributions. Except as set forth in this Agreement or as required by the Act, the Member shall not be assessed for additional capital contributions. Notwithstanding the foregoing,the Member may,at any time or from time to time,make additional capital contributions to the Company. Article 6 Distributions by the Company 6.1 Definition of Available Cash. As used in this Agreement, "Available Cash" shall mean all cash on hand of the Company irrespective of its source, less such reserves for the debts, expenses and plans and contingencies of the Company as Management may establish. 6.2 Distribution of Available Cash. Available Cash shall be distributed to the Member at such times as Management shall determine. 6.3 Withholding of Taxes. If the Company is required to pay or withhold any Federal,state, foreign or local taxes levied on all or part of the Member's allocable share of the Company's income,the Company shall have the right to do so and such payment or withholding by the Company shall be treated as a distribution to the Member and shall reduce the amount of future distributions to be paid to the Member. In Management's discretion, the Member for whom such payment or withholding would be made shall make a capital contribution of immediately available funds in the amount of any funds needed by the Company to satisfy such liability within three days after being so notified by the Company. The Member shall also reimburse the Company for any costs and expenses incurred in connection with making any filings (including a share of the cost and expense of any composite filings Management may elect to make) or otherwise in connection with the administration of taxes described in this Section. The Company shall have the authority to apply and setoff any distributions to which the Member would otherwise be entitled towards the satisfaction of the liabilities of the Company referable to the Member under this Section. This Section shall also have application to taxes that are not in the nature of withholding taxes but are assessable against the Company with reference to (or where there is exemption from based upon) the status or nature of the Member (e.g., the Illinois Personal Property Replacement Tax). 6.4 Restrictions on Distributions. No distribution may be made to the Member if, after giving effect to such distribution, either the Company would be unable to pay its debts as they become due in the usual course of business or the net assets of the Company would be Iess than zero. Article 7 Accounting and Tax Matters 7.1 Books of Account. Management shall cause proper and true books of account to be maintained for the Company in conformity with sound accounting principles consistently applied. There shall be recorded in the Company's books of account the particulars of all monies, goods or effects belonging to or owing to or by the Company, or paid, received, sold or purchased in the course of the Company's activities and all of such other transactions,matters and things relating to the Company as are usually entered in books of account kept by companies engaged in activities of a like kind and character. 4 21688924.2 7.2 Method of Accounting and Fiscal Year. The Company's books of account shall be maintained on the cash or accrual basis, as determined by Management. The Company's fiscal year shall be the calendar year unless determined otherwise by Management. 7.3 Reports. As soon as practicable after the close of each fiscal year Management shall provide the Member with such statements as shall be necessary to advise the Member properly about its investment in the Company for income tax reporting purposes. 7.4 No Tax Returns. While all of the interests in the Company are owned by a single Member, the Company shall for income tax purposes be disregarded as an entity separate and distinct from its single Member pursuant to the authority of the Treasury Regulations Section 301.7701-3(b)(1)(ii) and any comparable rule or regulation under applicable tax laws; provided, however, that the parties hereto do not intend that the Company will be disregarded as an entity separate from its single Member for purposes of any other law or circumstance,and Management and the single Member shall at all times deal with third parties in the name of the Company and they shall comply with all of the provisions of this Agreement. • Article 8 Management of the Company 8.1 Management by Managers. The affairs of the Company shall be managed and controlled by Management in accordance with this Agreement generally and this Article in particular. (a) Number. Management will consist of one(1)Manager. (b) Current Manager. The Manager acting as of the date of this Agreement is identified on the first page of this Agreement. (c) Removal and Replacement of Managers. The Member shall have the authority at any time and from time to time to(i)remove a Manager who has committed fraud,gross negligence or wilful misconduct from office and (ii) appoint a new Manager whenever there is a vacancy in the office of Manager. A successor Manager shall be entitled to all of the rights and privileges of the Manager, as Manager,to whose position it succeeded and shall be subject to all of the obligations of the predecessor Manager, as Manager, whether or not such successor Manager is a signatory to this Agreement. Notwithstanding the powers and discretions granted to management under this Agreement, Management owes a fiduciary duty to the Member to exercise good faith, honesty and fairness in its dealing with the Member and the Company's asset and under no circumstances shall the fiduciary duties owed by Management be less than the duties owed by a general partner to the limited partners of a limited partnership formed and operated under the laws of the State. 8.2 Authority of Management. (a) Exclusive Right to Manage. Except as otherwise provided herein, Management shall have the sole and exclusive right and authority to operate, manage,conduct and control the affairs of the Company. Management shall make all decisions affecting the affairs of the Company and shall carry out the purposes of the Company as Management deems proper,convenient or advisable. (b) Power and Authority. Without limiting the generality of the foregoing, and consistent with the purposes of the Company, Management shall have all of the rights,powers and authority under the Act and otherwise as provided by law, including the right, power and authority to acquire assets; purchase goods and services; sell, exchange, lease,license or otherwise deal in or with any and all assets 5 21688924.2 of the Company; merge or consolidate the Company into or with one or more other companies;open and maintain one or more bank accounts and designate (and change the designation of) signatories thereon; borrow funds to finance the Company's activities and in connection with such borrowing, mortgage, hypothecate, pledge, lien or otherwise encumber the revenues and assets of the Company; guaranty the debts of affiliates and others when Management believes it will benefit the Company to do so; confess, settle,compromise or otherwise satisfy debts, claims,judgments and other obligations, including by way of a deed in lieu of foreclosure or similar transaction; enter into any contract or agreement or amend or cancel the same; and invest and reinvest any funds or other assets of the Company—all as incident to or necessary for the operations of the Company. Without limitation of the foregoing, Management has the right, power and authority to sell, exchange or otherwise dispose of all or substantially all of the Company's assets,including in a transaction that is not in the ordinary course of business. (c) Exercise of Discretion. When taking any action or making any decision on behalf of the Company, each member of Management shall perform its duties in good faith and in a manner that it reasonably believes to be in the best interests of the Company and its Member,and with such care as an ordinarily prudent person in a like position would exercise under similar circumstances. (d) No Duty to Inquire. Nothing herein contained shall impose any obligation on any person or firm doing business with the Company to inquire as to whether or not Management has exceeded its power and authority in executing any agreement, contract, lease, mortgage, security agreement, deed or other instrument on behalf of the Company, and any such third person shall be fully protected in relying upon such authority. Management may designate one or more persons to act as authorized signatories of the Company and the signatures of such authorized signatories on any agreement, contract, lease, mortgage,security agreement,deed or other instrument shall be binding on the Company. (e) General Proscriptions. Without the written consent or ratification of the Member, Management shall have no authority to expend or use Company money or property other than on the account and for the benefit of the Company or to pledge any of the Company's credit or property for other than Company purposes. (f) Authorization to Execute Operating Agreements. The Manager is authorized to execute, on behalf of Caribbean MI-IC LLC, the Operating Agreements for Caribbean MHC Owner LLC and Caribbean MHC Managing Member LLC. 8.3 Management's Time Commitment. Management shall cause so much time to be devoted to the business of the Company as, in its judgment, the conduct of the Company's business shall reasonably require. 8.4 Reimbursement of Management. The Company shall reimburse Management for any costs that may be pr perly expended on behalf of the Company made out of funds other than those of the Company. Nothing herein contained shall be construed to limit in any manner the reimbursement provisions contained in the QEAA. 8.5 Compensation of Management. Management shall not be entitled.to any fees or other remunerations for its services in managing the Company. This Section shall not be construed to limit compensation for services payable to the Member or its affiliates under the QEAA. 8.6 Intentionally Omitted. 8.7 Liability of Management. 6 21688924.2 (a) Company Liabilities. The debts, obligations, and liabilities of the Company, whether arising at common law, in contract, tort, or otherwise, are solely the debts, obligations, and liabilities of the Company, and are not the debts, obligations and liabilities of Management(or any officers,directors, shareholders, partners, members, managers, employees, trustees, agents and other representatives of Management). (b) Exculpation. Management shall not be liable to a Member or the Company for honest mistakes of judgment, or for action or inaction,taken reasonably and in good faith for a purpose that was reasonably believed to be in the best interests of the Company, or for losses due to such mistakes, action or inaction, or for the negligence, dishonesty or bad faith of any employee, broker or other agent of the Company,but only if such employee,broker or agent was selected, engaged or retained and supervised with reasonable care. Management may consult with counsel and accountants in respect of Company affairs and be fully protected and justified in any action or inaction that is taken in accordance with the advice or opinion of such counsel or accountants if, and only if, they shall have been selected with reasonable care. The Member shall look solely to the assets of the Company for the return of its capital and,if the assets of the Company remaining after payment or discharge of the debts and liabilities of the Company are insufficient to return such capital,they shall have no recourse against Management for such purpose. Notwithstanding any of the foregoing to the contrary,the provisions of this Section shall not be construed to relieve (or attempt to relieve) any person of any liability by reason of gross negligence, recklessness or intentional wrongdoing or to the extent(but only to the extent)that such liability may not be waived, modified or limited under applicable law, but shall be construed so as to effectuate the provisions of this Section to the fullest extent permitted by law. This Section shall also apply to the officers, directors, shareholders, partners, members, managers, employees, trustees, agents and other representatives of Management. Nothing herein contained shall be construed to limit in any manner the exculpation provisions contained in the QEAA. 8.8 Indemnification. The Company shall indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding (other than an action by or in the right of the Company),whether civil,criminal,administrative or investigative, by reason of the fact that the person (each an `indemnitee") is or was a member, manager, officer, employee, agent or other representative of the Company, or is or was serving at the request of the Company as a director, manager, officer, employee or agent of another limited liability company, corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorney's fees and costs),judgments, fines and amounts paid in settlement actually and reasonably incurred by the person in connection with the action,suit or proceeding,if the person acted in good faith and in a manner the person reasonably believed to be in, or not opposed to, the best interests of the Company or, with respect to any criminal action or proceeding,had no reasonable cause to believe the person's conduct was unlawful. The termination of any action,suit or proceeding by judgment,order, settlement,conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in..good faith and in a manner that the person reasonably believed_to be in, or not opposed to, the best interests of the Company or, with respect to any criminal action ofproceeding, that the person had reasonable cause to believe that the person's conduct was unlawful. Without limitation of the generality of this Section, this Section is also intended to benefit (a) the Company's organizer, (b) the Member, (c)-Management, (d) any authorized signatories and officers of the Company appointed by the Member or Management and (e) the officers, directors, shareholders, partners, members, managers, employees, trustees, agents and other representatives of any indemnitee that is an entity. Except as otherwise expressly provided herein, all of the indemnity provisions contained in this Agreement shall survive an indemnitee's no longer being affiliated with the Company (by way of illustration only, a former Member shall not fail to be eligible for indemnification solely because it is no longer a member of the Company).Without limitation of the foregoing: 7 21688924.2 (c) Indemnification for Actions By or in the Right of the Company. The Company shall also indemnify every person who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action or suit,by or in the right of the Company to procure a judgment in its favor by reason of the fact that the person is or was a member, manager, officer, employee, agent or other representative of the Company,or is or was serving at the request of the Company as a director,manager, officer,employee,trustee,agent or other representative of another limited liability company,corporation, partnership,joint venture, trust or other enterprise, against expenses (including attorney's fees and costs) actually and reasonably incurred by the person in connection with the defense or settlement of the action or suit, if the person acted in good faith and in a manner the person reasonably believed to be in, or not opposed to, the best interests of the Company, but no indemnification shall be made in respect of any claim, issue or matter as to which the person shall have been adjudged to be liable for negligence or misconduct in the performance of the person's duty to the Company,unless, and only to the extent that, the court in which the action or suit was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for those expenses as the court shall deem proper. (d) Expenses. To the extent that a member, manager, officer, employee, agent or other representative of the Company has been successful, on the merits or otherwise, in the defense of any action,suit or proceeding referred to in this Section or in defense of any claim,issue or matter therein,the person shall be indemnified against expenses(including attorney's fees and costs)actually and reasonably incurred by the person in connection therewith. (e) Determination. Any indemnification under this Section(unless ordered by a court)shall be made by the Company only as authorized in the specific case, upon a determination that indemnification of the director, officer, manager, employee or agent is proper in the circumstances because the person has met the applicable standard of conduct set forth in this Section. The determination shall be made (i) by Management, (ii) by independent legal counsel in a written opinion or (iii) by the Member. (f) Payment in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the fmal disposition of the action, suit or proceeding,as authorized as provided in the preceding paragraph, upon receipt of an undertaking by or on behalf of the person to be indemnified to repay that amount,unless it shall ultimately be determined that the person is entitled to be indemnified by the Company as authorized in this Section. (g) Indemnification Not Exclusive. The indemnification provided by this Section shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under the Company's Charter, or any agreement, vote of members or disinterested managers,or otherwise,both as to action in the person's official capacity and as to action in another capacity while holding office, and shall continue as to a person who has ceased to be a director, officer manager, employee or agent, and shall inure to the benefit of the heirs, executors and administrators of such person. Nothing herein contained shall be construed to limit in any manner the indemnification provisions contained in the QEAA. (h) Insurance. The Company may purchase and maintain insurance on behalf of any person who is or was a manager, officer, employee or agent of the Company, or who is or was serving at the request of the Company as a director, officer, manager, employee or agent of another limited liability company, corporation, partnership,joint venture, trust or other enterprise, against any liability asserted against the person and incurred by the person in any capacity, or arising out of the person's status as such, whether or not the Company would have the power to indemnify the person against the liability under the provisions of this Section. 8 21688924.2 (i) Definitions. For purposes of this Section, references to "other enterprises" shall include employee benefit plans; references to "fines" shall include any excise taxes assessed on a person with respect to an employee benefit plan; and references to "serving at the request of the Company" shall include any service as a manager, officer, employee, agent or other representative of the Company that imposes duties on, or involves services by Management, employee or agent with respect to an employee benefit plan, its participants or beneficiaries. A person who acted in good faith and in a manner the person reasonably believed to be in the best interests of the participants and beneficiaries of an employee benefit plan shall be deemed to have acted in a manner"not opposed to the best interests of the Company" as referred to in this Section. 8.9 Authorized Signatories and Officers of the Company. Management may from time to time appoint one or more persons to act as authorized signatories to execute agreements, contracts, documents and other instruments (including without limitations limited liability company agreements)on behalf of the Company. Management may also from time to time appoint one or more persons to serve as officers of the Company, in such capacities and with such delegated rights and powers as Management may delegate. No such authorized signatory or officer shall have any different or greater rights and powers than Management has under this Agreement. Authorized signatories and officers appointed by Management shall be entitled to be indemnified by the Company in accordance with Section 8.8. Appointments of officers and authorized signatories under this Section may also be made by the Member. Article 9 Membership in the Company 9.1 Rights and Obligations of the Member. Unless the Member is a member of Management, and except as expressly provided in this Agreement to the contrary, the Member shall take no part in the control or management of the Company,nor shall the Member have any authority to act for or on behalf of the Company or to sign for or bind the Company. Unless admitted to the Company as a Member in accordance with Article 10,no person who is not a signatory to this Agreement shall be considered a Member. The Company and Management need deal only with the Member and shall not be required to deal with any other person (other than with respect to distributions to assignees pursuant to assignments in compliance with Article 10)merely because of an assignment or transfer of an interest to such person or by reason of the incapacity of the Member. Any distribution made in accordance with this Agreement by the Company to the person shown on the Company records as the Member or to its legal representatives, or to the assignee of the right to receive Company distributions as provided herein, shall acquit the Company and Management with respect to such distribution of all liability to any other person that may have an interest in or claim to such distribution by reason of any other assignment by the Member with respect to such distribution or by reason of such Member's incapacity, or for any other reason. 9.2 Liability. The Member shall not be personallyjiable for any of the debts of the Company —or any of the losses thereof beyond the amount contributed 6r required to be contributed by it to the Company under this Agreement and as otherwise specified in the Act. 9.3 Expenditures of Member. In the discretion of Management,the Company may reimburse the Member for any costs that may be properly expended by it on behalf of the Company made out of funds other than those of the Company. 9.4 Certain Waivers. The Member shall not have the right to partition any property of the Company during the term of this Agreement, or while such assets are held in trust pursuant to Section 16.4,nor shall the Member make application to any court of authority having jurisdiction in the matter or commence or prosecute any action or proceeding for such partition and the sale thereof. 9 21688924.2 it 9.5 Resignations and Withdrawals. The Member shall not be entitled to withdraw,resign or otherwise voluntarily dissociate from the Company,except pursuant to the terms of this Agreement. The Member shall not be entitled to receive any money or property from the Company except (a) by way of distributions as provided pursuant to Article 6, (b) by way of distributions upon the winding-up of the Company pursuant to Article 16, (c) in respect of any loans to the Company then due and owing to the Member and(d)as expressly provided elsewhere in this Agreement. 9.6 Uncertificated Securities. Unless Management decides otherwise, the interest of the Member in the Company shall not be certificated. Article 10 Transfers by Member and Issuance of Additional Interests 10.1 Transfers by Member. Except as set forth herein, the Member shall not sell, exchange, pledge, mortgage,hypothecate, encumber or otherwise transfer (any of the foregoing being a "transfer" for purposes of this Section)its interest in the Company without the prior written consent of Management and the mortgage lender to Caribbean MHC Owner LLC. Any such transfer shall be void from inception • and of no force or effect whatsoever. 10.2 Transfers by Management. Management is an agent of the Company and its interest in managing the affairs of the Company is not susceptible of being and may not be sold, exchanged, pledged, mortgaged, hypothecated or otherwise transferred or encumbered. Insofar as a member of Management is the Member, Section 10.1 shall govern the transfer of such member of Management's right to distributions and other economic interests in the Company. 10.3 General Provisions. The following rules shall apply to transfers of Company interests and the admission of additional persons to the Company: (a) Procedure for Admission. No person shall be admitted as a transferee or additional Member hereunder unless and until (i) in the case of an assignment of an interest in the Company permitted hereby,the assignment is made in writing,signed by the assignor and accepted in writing by the assignee, and a duplicate original of the assignment is delivered to and accepted by Management,and(ii) in the case of a partial assignment or the admission of an additional Member, the prospective admittee executes and delivers to the Company an amended and restated operating agreement in form proposed by Management. (b) Binding Effect. Any person acquiring or claiming an interest in the Company, in any manner whatsoever, shall be subject to and bound by all terms, conditions and obligations of this Agreement to which its predecessor in interest, if any, was subject or bound, without regard to whether such person has executed a counterpart hereof or any other document contemplated hereby. No person, including the legal representatives, heirs or legatees of a deceased Member, shall have any rights or obligations greater than those set forth herein and no person shall acquire an interest in the Company or become a Member except as permitted hereby. (c) Actions Prior to Acceptance of Assignment. Notwithstanding that a person acquiring or claiming an interest in the Company is bound by all terms, conditions and obligations of this Agreement to which its predecessor in interest,if any,was subject or bound,the Company and Management shall be entitled to treat the assignor of the assigned interest as the absolute owner thereof in all respects and shall incur no liability for distributions made in good faith to such assignor prior to such time as the documents specified in this Section have been delivered to and accepted by Management. Any person to whom an interest in the Company is attempted to be transferred in violation of this Article or any other provision of 10 216889242 this Agreement shall not have the rights of a Member of the Company otherwise provided under this Agreement or the Act, including, but not limited to, the right (i) to receive distributions from the Company,(ii)to vote on any matter, (iii) to participate in the management of the Company,(iv)to act as an agent of the Company, (v) to obtain any information or accounting of the affairs of the Company or (vi) to inspect the books or records of the Company. If, however, by law, the Company is required to recognize the purported transfer of the Member's interest in the Company, the purported transferee's rights shall be strictly an economic interest in the Company limited solely to distributions (and accompanying allocations of accounting and tax items) as provided by this Agreement with respect to such economic interest,and the Member whose interest in the Company has purportedly been transferred shall have no right to any distributions with respect to such interest in the Company. Any distributions to such purported transferee may be applied (without limiting any other legal or equitable rights of the Company)to satisfy any debts, obligations or liabilities for damages that the transferor or transferee may have to the Company (including for damages). If the Member attempts to engage in any purported transfer that has not been approved in writing by Management,the Member and the Member's purported transferee shall jointly and severally indemnify the Company and shall be liable for any and all costs, liabilities and damages that the Company may suffer or incur(including,but not limited to, incremental tax liability and attorney's fees and expenses) as a result of such purported transfer. For purposes of this paragraph,an economic interest in the Company shall mean a person's interest in the Company including, without limitation, such person's rights to distributions(and accompanying allocations of accounting and tax items), but excluding the right to vote, approve or disapprove, or otherwise to participate in, the management and control of the affairs of the Company. (d) Consent of Member. The Member hereby consents to the substitution of any assignee of the Member's interest or the admission of any additional person as a Member as approved by Management. (e) Costs. In the discretion of Management,the costs incurred by the Company in processing an assignment (including attorney's fees and costs) shall be borne by the assignee, and shall be payable prior to and as a condition of admission to the Company. (f) Transfer to Taxpayer. The Member may at any time transfer its membership interest in the Company to Taxpayer,whereupon Taxpayer shall become the sole Member of the Company and shall comprise the Management of the Company. Such transfer may be made by a document of assignment signed by the Member and shall be effective upon delivery to Taxpayer without the necessity of any acceptance or acknowledgement by Taxpayer. Upon such transfer, the Member shall be relieved of all liability under this Agreement as Member or as a member of Management. Following such transfer, Member is hereby authorized (but shall not be required) to make such governmental filings and do or cause to be done such other acts and things in order to reflect the transfer,including without limitation (i) changing the Company's principal office to Taxpayer's office, (ii) changing the Company's registered agent to the Taxpayer or an agent,(iii)changinglhe Company's registered office to Taxpayer's office or the office of Taxpayer's agent and (iv) changing the identity of the Member and/or Management to Taxpayer,all such filings,acts and things to be done at the Company's or Taxpayer's expense. Article 11 Miscellaneous Provisions In the event the Member guarantees any indebtedness or other obligation of the Company, then the Company shall promptly reimburse the guarantor for any and all payments made by the guarantor for such indebtedness or other obligation. The Company shall not be obligated to reimburse the guarantor for any obligation under the guaranty that arises by reason of the gross negligence, fraud or willful misconduct of the guarantor or its affiliate. This Section shall also apply to any guaranty of any 11 21688924.2 indebtedness or other obligation of the Company given by, and this Section shall then so benefit, any affiliate of the Member, any member of Management (whether or not a Member) and any affiliate of a member of Management. Nothing herein contained shall be construed to limit in any manner the indemnification or reimbursement provisions contained in the QEAA. Article 12 Intentionally Omitted Article 13 Intentionally Omitted Article 14 Intentionally Omitted Article 15 Amendments to the Agreement • 15.1 Amendments. The terms of this Agreement may be modified or amended at any time and from time to time with the written consent of Management and the Member. 15.2 Power of Attorney. The Member hereby appoints Management as its true and lawful attorney,coupled with an interest in its name,place and stead to sign,execute,acknowledge, swear to and file any and all documents which in the discretion of such attorney are required to be signed, executed, acknowledged, sworn to or filed by the Member to discharge the purposes of the Company as hereinabove stated or the provisions of this Agreement. Without limitation, among the documents that Management may execute on behalf of the Member shall be the following: (a) Any amendments to this Agreement, when this Agreement is amended in accordance with Section 15.1. (b) The Charter and any other instrument which may be required of the Company pursuant to the Act or the laws of any other jurisdiction and any amendments thereto that are not prohibited by Section 15.1. The grant of authority set forth in this Section is a special power of attorney coupled with an interest, is irrevocable and shall survive the death, incapacity, insolvency, bankruptcy, liquidation or dissolution of the Member;may be exercised by Management for the Member by a facsimile signature or by listing the name of the Member executing any instrument with the signature of Management,as attorney in fact for the Member; and shall survive the delivery of an assignment by the Member of all or any portion of its interest,except that where the assignee has been approved by Management for admission to the Company as a substituted Member,the power of attorney shall survive the delivery of such assignment for the solei purpose of enabling Management to execute, acknowledge and file any instrument necessary to effect - such substitution, and the grant of authority set forth in this Section shall be deemed to have been made by such substitute Member. Article 16 Winding-Up and Dissolution of the Company 16.1 Winding-Up and Dissolution Procedures. Upon an event described in Section 4.2, the affairs of the Company shall be wound up and the Company shall be dissolved. Management shall preside over the winding-up and dissolution of the Company or may appoint one or more agents to do so. 12 '~ 21688924.2 Management shall make such filings in the State and in such other states in which the activities of the Company make it necessary or desirable to do so and do or cause to be done such other acts and things as shall be required to dissolve the Company. 16.2 Distributions Upon Winding-Up. Except as otherwise provided in this Article, the winding-up and dissolution of the Company shall involve: (a) The orderly sale or other disposition of the Company's non-cash assets within a commercially reasonable time. (b) The payment or settlement of (and where appropriate, the establishment of reasonable reserves for) the Company's debts and other obligations, including to the Member, if a creditor, in the order of priority and to the extent provided by law. (c) The distribution of any remaining sums to the Member in accordance with Section 6.2. 16.3 Distributions In Kind. In the event that Management determines that it is necessary or desirable to make a distribution of Company assets in kind,such assets may be transferred and conveyed to the Member, and shall be subject to such reasonable conditions and restrictions as are necessary or desirable in order to preserve the value of the assets distributed or for legal reasons. Management may make distributions of Company assets in kind other than in connection with the winding-up of the Company. 16.4 Liquidating Trust. In the discretion of Management all or any portion of the distribution that would otherwise be made to the Member pursuant to Section 16.2(c) may be distributed to a trust established for the benefit of the Member for the purposes of liquidating Company assets, collecting amounts owed to the Company and paying any debts or other obligations of the Company arising out of or in connection with the Company. Management shall appoint one or more persons as liquidating trustee. The assets of any such trust shall be distributed to the Member from time to time in the discretion of the Liquidating Trustee as and when such assets would otherwise have been distributed to the Member pursuant to this Agreement. 16.5 Final Accounting. As part of the winding-up of the Company,a final accounting shall be made of the activities of the Company from the date of the last previous accounting to the date of dissolution. If the Member has a deficit in its capital account, the Member shall not be obligated to contribute any amount of that deficit to the Company; any such deficit shall not be considered an asset of the Company. Article 17 General Provisions 17.1 Notices. (a) Notices in Writing. All notices, demands, offers or other communications required or permitted to be given pursuant to this Agreement shall be in writing. (b) Addresses for Notice. All notices,demands,offers or other communications: (i) To the Member shall be addressed to the Member at the address beneath the Member's name on the signature page of this Agreement or, if applicable,in the Member's subscription agreement. 13 21688924.2 (ii) To Management shall be addressed to each member of Management at the address beneath each such person's name on the signature page of this Agreement. (iii) To the Company shall be addressed to the Company in care of each member of Management. (c) Method for Change of Address. The Member or members of Management may change their addresses for all future notices,demands,offers or other communications by giving written notice in accordance with this Section stating its new address. (d) Stale Addresses. If a person intending to give a notice, demand, offer or other communication has actual knowledge that the address for notice of the intended recipient is no longer in use and has actual knowledge of the intended recipient's current address, the notice, demand, offer or other communication shall also be effective if delivered to the new address. (e) Methods of Delivery. All notices, demands, offers or other communications shall be • transmitted by (i) personal delivery,'(ii) recognized overnight courier service (such as FedEx or DHL), (iii) prepaid and registered or certified mail with return receipt requested, (iv) telecopier device (if a telecopier number is shown beneath the Member's signature to this Agreement)or(v)electronic mail (if an e-mail address is shown beneath the Member's signature to this Agreement). (f) Effective Time of Delivery. All notices, demands, offers or other communications shall be effective(i)when personally delivered, (ii)36 hours after being deposited for next day delivery with a recognized overnight courier service (such as FedEx or DHL), (iii) 72 hours after being deposited with the postal service, (iv) 24 hours after being telecopied (if a telecopier number is shown beneath the Member's signature to this Agreement)and receipt has been confirmed electronically or otherwise or(v) 24 hours after being transmitted by electronic mail (if an e-mail address is shown beneath the Member's signature to this Agreement)and receipt has been confirmed electronically or otherwise. 17.2 Binding Agreement. This Agreement and all the terms and provisions hereof shall be binding upon the parties hereto and their respective legal representatives, heirs, successors and assigns, except as expressly herein otherwise provided. 17.3 Third Party Benefits. Without limiting Section 17.2,the provisions of this Agreement are intended solely to benefit the Company,the Member and Management and, to the fullest extent permitted by applicable law, shall not be construed as conferring any benefit upon any other person, including without limitation any creditor of the Company(and no such creditor or other person shall be a third party beneficiary of this Agreement), and except as required by the Act, the Member shall have no duty or obligation to any such creditor or other person to make any contributions or return any money or other property to the Company. 17.4 Governing Law. This Agreement shall be construed in conformity with the domestic laws of the State, as applied to agreements whose only parties are residents of the State and which are to be performed entirely within the State. 17.5 Severability. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid by a court of competent jurisdiction, the remainder of this Agreement,or the application of such provision to persons or circumstances other than those to which it is held invalid by such court,shall not be affected thereby. 14 216889242 17.6 Other Rules of Construction. Every provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against the Member(notwithstanding any rule of law requiring an Agreement to be strictly construed against the drafting party). The following additional rules of construction shall apply to this Agreement: (a) All pronouns shall include the masculine,feminine or neuter thereof wherever the context and facts require such construction. (b) The term "person"refers to an individual, corporation,partnership,joint venture, limited liability company,limited liability partnership,association,joint stock company, statutory trust,common- law trust, unincorporated organization, government authority or any other organization whether or not a legal entity. (c) The term "party"means a signatory to this Agreement,including the Member, a member of Management and any successor to any of the foregoing,whether or not such successor has executed or otherwise joined in this Agreement. The fact that a successor is a party shall not give that person any greater rights than it has under the express terms of this Agreement. By way of illustration, a successor who has not been admitted to the Company in accordance with Article 10 is a party to this Agreement fot purposes of the dispute resolution procedures in Section 17.8,but despite being a party is still subject to the limitations of Section 10.3(c). (d) The term "affiliate" is to have a meaning reasonably appropriate to its context; without limiting the generality of the foregoing, when used in connection with conduct that by the terms of this Agreement is to be circumscribed, the term shall be interpreted broadly. Without limiting the generality of the foregoing, an "affiliate" of a specified person,or a person "affiliated" with a specified person,is a person that directly,or indirectly through one or more intermediaries,controls,is controlled by or is under .-� common control with the specified person. As used in the preceding sentence, the words "control," "controls" and "controlled" mean the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of another person, whether through the ownership of voting securities or other ownership interests,by contract or otherwise. (e) All terms defined in this Agreement in the singular have the same meanings when used in the plural and vice versa. (f) The use of the word "including" herein shall not be considered to limit the provisions which it modifies but instead shall mean "including without limitation" unless the provision states otherwise. (g) No distinction in interpretation shall be made between the terms"shall"and"will." (h) An"Article"of this Agreement is typically identified with a number-(e.g., "Article 17"). A "Section" of this Agreement corresponds to an Article and is typically identified with a number that includes a decimal (e.g., "Section 17.6"). A"paragraph"of this Agreement corresponds to a Section and is typically identified by a lower case letter (e.g., paragraph "(h)"). A "clause" of this Agreement corresponds to a paragraph and is typically identified with a roman numeral or an upper case letter(e.g., "(i),""(1)"or"(A)"). (i) Headings,titles and subtitles are inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 15 21688924.2 (j) Except where express reference is made to"business days,"references in this Agreement to a number of days within which an action must be taken(including the giving of notice or the delivery of documents)shall mean calendar days. Notwithstanding the preceding sentence,whenever the final day on which an action must be taken(including the giving of notice or the delivery of documents)occurs on a non-business day (i.e., Saturday, Sunday or a holiday recognized by the U.S. Federal government, the State or the state in which the Company's principal office is located), then such period or date shall be extended until the immediately following business day. (k) In the interpretation of this Agreement, no inference shall be drawn from the fact that a provision not included in this Agreement was included and then deleted from a draft of this Agreement. 17.7 Intentionally Omitted. 17.8 Dispute Resolution. (a) Jurisdiction, Venue and Service of Process. The Company and the parties to this Agreement hereby irrevocably and unconditionally agree that any suit,action or proceeding arising out of • or related to this Agreement or the Company shall be brought only in courts having a situs in Denver, Colorado, and the specific choice from among the foregoing shall be determined by the party initiating such suit,action or proceeding. To the fullest extent permissible by law,the Company and the parties to this Agreement hereby consent to the personal jurisdiction, venue and forum of such courts and hereby irrevocably and unconditionally waive any claim or objection that it is not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. Service of process on any of the parties hereto with regard to any such action may be made and is considered legally proper by mailing the process to such person by certified mail to the address of such person as provided in Section 17.1 or to any subsequent address to which notices shall be sent. (b) Waiver of Trial by Jury. Each party acknowledges and agrees that any controversy which may arise under this Agreement is likely to involve complicated and difficult issues, and therefore each such party hereby irrevocably and unconditionally waives any right such party may have to a trial by jury with respect to any litigation directly or indirectly arising out of or relating to this Agreement. Each party understands and has considered the implications of this waiver. Each party makes this waiver voluntarily. (c) Attorney's Fees. If the Company, the Member or any member of Management obtains a judgment in connection with a dispute arising under or in connection with any this Agreement,such party shall be entitled to recover from the non-prevailing party its court costs, and reasonable attorney's fees and disbursements incurred in connection therewith and in any appeal or enforcement proceeding thereafter,in addition to all other recoverable costs. 17.9 _Remedies. Subject to any express provisions of this Agreement, no remedy conferred upon the Company,the Member or any member of Management is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law,in equity or by statute. 17.10 Waiver. No waiver by the Company, the Member or any member of Management of any breach of this Agreement shall be deemed to be a waiver of any other breach of any kind or nature,and no acceptance of payment or performance by the Company, the Member or any member of Management after any such breach shall be deemed to be a waiver of any breach of this Agreement,whether or not the Company,the Member or any member of Management knows of such breach at the time it accepts such payment or performance. No failure or delay on the part of the Company,the Member or any member of Management to exercise any right it may have shall prevent the exercise thereof by the Company, the 16 21688924.2 r Member or any member of Management at any time such other may continue to be so in default, and no such failure or delay shall operate as a waiver of any default. 17.11 Entire Understanding. This Agreement constitutes the entire understanding among the parties and supersedes any prior understanding and/or written or oral agreements among them with respect to the Company. In the event of any conflict between this Agreement and any other written or oral communications between the Company, Management or any employee or agent of either, and the Member, this Agreement shall control and take precedence. As used in this Section, the term "this Agreement" shall include any subscription agreement that the Member may have entered into with the Company in connection with this Agreement. 17.12 Further Assurances. Each of the parties hereto shall hereafter execute and deliver such further instruments and do such further acts and things as may be required or useful to carry out the intent and purpose of this Agreement and as are not inconsistent with the terms hereof. Recognizing that the Company, the Member and the members of Management may find it necessary from time to time to establish to third parties the then-current status of performance hereunder, each party hereto shall, upon the written request of another party hereto, reasonably from time to time, furnish promptly a written statement of the status of any matter.pertaining to this Agreement or the Company to the best of the knowledge and belief of the party making such statements. 17.13 Counterparts. This Agreement may be executed in counterparts, each of which shall be an original,but all of which shall constitute one and the same instrument. 17.14 Electronic Transmission. Signatures to this Agreement that are transmitted electronically (i.e.,via e-mail or facsimile)shall be accepted as originals. [Signatures begin on the next page] 17 21688924.2 [Signature Page to Operating Agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed. MEMBER: ACCRUIT EXCHANGE ACCOMMODATION SERVICES LLC,a Delaware limited liability company By: /✓t x ,S, 4I Its: V P 1331 17th Street,Suite 1250 • Denver,Colorado 80202 MANAGER:Rd C /•eman 6547 N.Avondale,Suite 301 Chicago,IL 6063 I II LP 6762663.2139138-102840 21688924.2 • AMENDED AND RESTATED OPERATING AGREEMENT OF ALPINE VILLAGE MHC LLC This Amended and Restated Operating Agreement is effective as of the Effective Date by and between the persons executing a signature page and agreeing to be bound hereby as the Class B Members and the Class C Members, a list of which is attached as Exhibit"A", and Edward C. Zeman as the Class A Member and as Manager. WITNESSETH Recitals The Company was formed pursuant to a"Certificate of Formation"filed with the State of Delaware and was governed by a prior Operating Agreement which provided that the Class A Member could amend the Operating Agreement, and in connection with on the acquisition of the property known as the Caribbean Manufactured Home Community located at 1 Sunrise Blvd., Naples, FL 34110 (the"Property")by a subsidiary of the Company,the Class A Member hereby amends and restates the Operating Agreement on the following terms: ARTICLE ONE Definitions The terms set forth below as used in this Operating Agreement shall, unless the context otherwise requires,have the meanings specified in this Article One. "Act"means the Delaware Limited Liability Company Act, or any amendment thereof. "Affiliate" means (i) any entity which, directly or indirectly, is controlled by any Member (or Persons who are members, partners or shareholders of a Member) or Manager or in which any Member or Manager has a material financial interest (ii) any individual related by blood or marriage to any Member or Manager and (iii) any trust created for the benefit of any person named in clauses (i)or(ii)hereof. "Agreement" means this Operating Agreement. Words such as--"herein", "hereinafter", "hereof', "hereto", "hereby"and "hereunder",when used with reference to this Agreement,refer to this Agreement (including exhibits and schedules) as a whole, unless the context otherwise requires. "Alpine Village MI-IC Property" means the Alpine Village Manufactured Home Community. "Book Value" means, with respect to any asset, such asset's adjusted basis for federal income tax purposes, except as follows: 21734081.3 A. The initial Book Value of any asset contributed by a Member to the Company shall be the fair market value of such asset, as determined by the contributing Member and the Company; B. The Book Value of all Company assets may be adjusted to equal their respective fair market values, as determined by the Manager, in its sole and absolute discretion, as of the following times: (i) the acquisition from the Company, in exchange for more than a de minimis Capital Contribution, of(-1-) an interest by an additional Member, or(-2-) an additional Interest by an existing Member; (ii) the distribution by the Company to a Member of more than a de minimis amount of Company property other than money; and (iii) the termination of the Company for federal income tax purposes pursuant to Section 708(b)(1)(B)of the Code; and C. If the Book Value of an asset has been determined or adjusted pursuant to clause A or B of this definition, such Book Value shall thereafter be adjusted by the Depreciation taken into account with respect to such asset for purposes of computing Profits and Losses. "Capital Account" means a bookkeeping account maintained by the Company with respect to each Member, which shall be: A. credited with the amount of money and the initial Book Value of any property (other than money) contributed to the Capital of the Company by such Member, such Member's distributive share of Profits, and any items in the nature of income or gain that are allocated to such Member pursuant to Section 4.1 hereof, and the amount of any Company liabilities that are assumed by such Member or that are secured by any Company property distributed to such Member, and B. debited with the amount of cash and the Book Value of any Company property distributed to such Member pursuant to any provision of this Agreement, such Member's distributive share of Losses, and any items in the nature of expenses or losses that are allocated to such Member pursuant to Section 4.1 hereof, and the amount of any liabilities of such Member that are assumed by the Company or that are secured by any property contributed by such Member to the Company. C. In the event that a Member's Interest or a portion thereof is transferred in accordance with the provisions of this Agreement, the transferee shall succeed to the Capital Account of the transferor to the extent that it relates to the Interest or portion thereof so transferred. In the event the Book Values of Company assets are adjusted pursuant to the definition of Book Value, the Capital Accounts of all Members shall be adjusted simultaneously to reflect the aggregate net adjustment as if the Company recognized gain or loss equal to the-amount of such aggregate net adjustment. _D. The foregoing provisions and the other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Section 1.704-1(b)of the Treasury Regulations, and shall be interpreted and applied in a manner consistent with such Regulations. In the event the Manager, in its sole and absolute discretion, determine that the manner in which the Capital Accounts, or any debits or credits thereto, are computed should be modified in order to comply with such Regulations,the Manager may, if it so elects,make any such modification. 21734081.3 -2- "Capital Contribution" shall mean any contribution to the capital of the Company in cash or property by a Member,whenever made. "Class A Member" means Edward C, Zeman, in his capacity as Class A Member and his permitted assigns who have been admitted as Class A Members of the Company as hereinafter set forth. "Class B Members" shall mean those persons listed on Exhibit"A"as Class B Members, each in its capacity as a Class B Member, and their permitted assigns who have been admitted as Class B Members of the Company as hereinafter set forth. "Class B Preferred Equity Amount" shall initially mean the excess of the total acquisition cost of the Property over the mortgage debt encumbering the Property at such time, allocated among the Class B Members in accordance with their relative Interests. The Class B Preferred Equity Amount shall be, with respect to each Class B Member: (i) increased by any future Capital Contributions by such Member under Section 3.3B and (ii) decreased by any distributions to such Class B Member under Section 4.4(a). "Class C Members" shall mean those persons listed on Exhibit"A" as Class C Members, each in its capacity as a Class C Member, and their permitted assigns who have been admitted as Class C Members of the Company as hereinafter set forth. Each of the Class C Members is being granted a "profits interest" in the Company under Rev. Proc. 93-27 and Rev. Proc. 2001-43, as the initial liquidation value of these interests is zero as a result of the preference provided herein for the Class B Preferred Equity Amount. For the avoidance of doubt, no distributions shall be paid to the Class C Members out of proceeds received from the Alpine Village MHC Property. "Code" means the Internal Revenue Code of 1986, as amended (or any corresponding provision or provisions of succeeding law). "Company" means the Limited Liability Company organized and operated pursuant to this Agreement. "Company Property" means the Company's direct or indirect interest in the Real Estate Companies. "Consent" means the written consent of a Person to do the act or thing for which the consent is solicited,or the act of granting such consent,as the context may require. "Depreciation" means, for each fiscal year of the Company or other period, an amount equal to the depreciation, amortization or other cost recovery deduction allowable with respect to an asset for such year or other period, except that if the Book Value of an asset differs from its adjusted basis for federal income tax purposes at the beginning of such year or other period, depreciation shall be an amount which bears the same ratio to such beginning Book Value as the federal income tax depreciation, amortization or other cost recovery deduction for such year or other period bears to such beginning adjusted tax basis. "Effective Date" shall mean the day when a Real Estate Company acquires the Property, which shall occur after the Company has disposed of the Alpine Village MHC Property. 21734081.3 -3- it "Interest"means a Member's residual percentage interest in the Company as set forth on Exhibit"A",as may be amended to reflect transfers of Interests. "Loan Documents" means any Loan Agreement, Note, Mortgage and other documents which were given by a Real Estate Company to document a Senior Loan. "Majority In Interest" means Members whose combined Interests represent over fifty (50%)percent of the outstanding Interests of all Members. "Manager" means Edward C. Zeman in his capacity as Manager. In the event that Edward C. Zeman ceases to serve as Manager for whatever reason, the Class A Member shall select a replacement Manager. "Members" means the Class A Member(s), the Class B Member(s) and the Class C Member(s) and their assigns who have been admitted as Substitute Members of the Company as hereinafter set forth. "Member Loans" mean any loans from a Member or Manager (or an Affiliate of a Member or Manager)to the Company. "Net Cash Flow" shall mean distributions received by the Company from a Real Estate Company representing net operating cash flow after payment of all debt service and other operating expenses and the funding of any Reserves determined by the Manager, but excluding therefrom Net Sale or Refinance Proceeds. "Net Sale or Refinance Proceeds" shall mean distributions received by the Company from a Real Estate Company (or proceeds from the sale of membership interests therein) representing the net proceeds from the sale or refinance of the Property. "Notification" means a writing containing the information required by this Agreement to be communicated to any Person, sent by registered, certified or regular mail, postage prepaid, to such Person at the last known address of such Person. The date of registry thereof or the date of the certified receipt therefor in the case of registered or certified mail shall be deemed the date of receipt of Notification; provided, however, that any communication containing such information communicated to such Person and actually received by such Person shall constitute Notification for all purposes of this Agreement. "Person" means any natural person, partnership, corporation, trust, association, limited liability company,or other legal entity. "Profits" and "Losses" each means, for each fiscal year of the Company or other period, the Company's taxable income or loss for such fiscal year or other period, determined in accordance with Section 703(a) of the Code (for this purpose all items of income, gain, loss or deduction required to be stated separately pursuant to Section 703(a)(1) shall be included in taxable income or loss),adjusted as follows: 21734081.3 -4- A.Any income of the Company that is exempt from federal income tax and not otherwise taken into account in computing Profits or Losses pursuant to this Section shall be added to such taxable income or loss; B. Any expenditures of the Company described in Section 705(a)(2)(B) of the Code or treated as Code Section 705(a)(2)(B) expenditures pursuant to Section 1.704-1(b)(2)(iv)(i) of the Treasury Regulations, and not otherwise taken into account in computing Profit or Loss pursuant to this Section shall be subtracted from such taxable income or loss; C. In lieu of the depreciation, amortization and other cost recovery deductions taken into account in computing such taxable income or loss, there shall be taken into account Depreciation for such fiscal year or other period computed in accordance with the definition of Depreciation; D. Any gain or loss realized by the Company upon the sale or other disposition of any property or asset of the Company shall be computed by reference to the Book Value of such property or asset, notwithstanding that its Book Value differs from its adjusted basis for federal income tax purposes; and E.Any items that are specially allocated pursuant to Section 4.2 hereof shall not be taken into account in computing Profits or Losses. "Property"is defined in the Recitals. "Property Manager" shall mean Mobile Management Co., Inc., or any other management company selected by the Manager. "Real Estate Company" means any direct or indirect subsidiary of the Company formed to hold title to the Property or to hold a membership interest in an entity which directly or indirectly holds title to the Property. "Reserves"means, with respect to any fiscal period,payments made or amounts allocated during such period to reserves which shall be maintained in amounts deemed sufficient by the Manager for working capital and to pay taxes, insurance, debt service, repairs, replacements or renewals, or other costs and expenses incident to the ownership or operation of the Property. "Senior Loan" means a first priority mortgage loan to a Real Estate Company on all or any portion of the Property and any refinancings or replacements thereof. "Substituted Member" means any person admitted to the Company as a Member pursuant to the provisions of Article Seven. "Withdrawal Event" means the death,-permitted withdrawal, expulsion, bankruptcy or dissolution of a Member. 21734081.3 -5- li ARTICLE TWO Formation,Name,Place of Business,Purpose and Term Section 2.1 Formation The Company was formed as a limited liability company pursuant to the Act. Section 2.2 Name, Place of Business, Resident Agent The Company shall be conducted under its legal name or any assumed name. The principal place of business of the Company shall be determined by the Manager. Notification of any such change in the Company's place of business and principal office shall be given to the Members. The Manager shall designate the resident agent for the Company. Section 2.3 Purpose The business and purpose of the Company shall consist of indirectly owning the Property through membership interests in one or more Real Estate Companies and engaging in all activities necessary,beneficial or incidental thereto. Section 2.4 Company Property All property owned by the Company shall be owned by the Company as an entity and, insofar as permitted by applicable law, no Member shall have any ownership interest in any Company property in its individual name or right, and each Member's interest in the Company shall be personal property for all purposes. Section 2.5 Term The duration of the Company shall be perpetual. Section 2.6 Tax Entity It is the intention of the Members that the Company shall constitute a partnership solely for purposes of federal and state taxation. ARTICLE THREE Members and Capital Section 3.1 Members The Members are the Class A Member,the Class B Members and the Class C Members. 21734081.3 -6- Section 3.2 Initial Capital Contributions The Members have made Capital Contributions to the Company. Section 3.3 Additional Capital 3.3A The Members shall not be required to make capital contributions in addition to the Capital Contributions set forth on Section 3.2 hereof. 3.3B If the Manager determines that the Company requires additional capital, the Manager may request contributions from the Class B Members who shall be permitted to contribute additional capital in the proportion that each Class B Member's Capital Contribution bears to the total of Capital Contributions of all Class B Members. Any share remaining unpaid thirty(30) days after the call by the Manager may be contributed by any interested Member(s) in proportions reasonably determined by the Manager. Should one or more of the Class B Members fail to make its entire pro rata share contribution within said thirty.(30) day period, then the Interests of the Class B Members shall be adjusted upward and downward, respectively, according to that new ratio established by the resultant cumulative Capital Contribution of each to the total Capital Contributions of the Class B Members(but provided that, in the event of such dilution,no reduction shall be made to the Interests of the Class C Members). In no event shall a call for contributions by the Manager impose any liability upon the Members and all contributions other than those set forth in Section 3.2 hereof shall be voluntary. 3.3C In the alternative, the Manager and/or the Class A Member (or their Affiliate) may lend money to the Company, or the Manager may extend to the Class B Members (proportionately)the opportunity to lend money to the Company, all such loans to bear interest at up to nine (9%) percent per annum or such higher or lower rate as the Manager may deem appropriate. Any such loans shall be repaid prior to any distributions under Sections 4.3 or 4.4 hereof unless the Manager otherwise determines. Section 3.4 Company Capital 3.4A No Member shall be paid interest on any Capital Contribution. 3.4B No Member shall have the right to withdraw, or receive any return of its Capital Contribution, except as may be specifically provided herein. 3.4C Under circumstances requiring a return of any Capital Contribution, (i) no Member shall have the right to demand and receive distributions in any form other than cash except as may be specifically provided herein; (ii)neither the Company nor any Member shall be personally liable or responsible for the return of such Capital Contributions which shall be made solely from Company assets; and (iii) no Member shall be compelled to accept a noncash distribution unless such in-kind distributions are made to all Members in proportion to their Interests in the Company. 21734081.3 -7- Section 3.5 Liability of Members No Member shall be liable for the debts, liabilities, contracts or any other obligations of the Company. For purposes of this Section 3.5, it is the intent of the Members that no distribution(or any part of any distribution)made to any Member pursuant to Sections 4.3 or 4.4 of this Agreement shall be deemed a return or withdrawal of capital, even if such distribution represents (in full or in part) a distribution of depreciation or any other noncash item accounted for as a loss or deduction from or offset to the Company's income, and that no Member shall be obligated to pay any such amount to or for the account of the Company or any creditor of the Company. However, if any court of competent jurisdiction holds that, notwithstanding the provisions of this Agreement, any Member is obligated to make any such payment, then such Member shall return any such distribution to the Company. ARTICLE FOUR Allocationof the Profits,Losses and Distributions of the Company Section 4.1 Allocation of the Profits and Losses of the Company 4.1A Subject to Sections 4.1B and 4.1C hereof, Profits and Losses (and, to the extent necessary, individual items of income, gain, loss, deduction or credit) of the Company shall be allocated among the Members in accordance with their Interests, provided however that Profits and Losses resulting from a sale of the Property shall be allocated in a manner such that, after giving effect to the special allocations set forth in Section 4.1C hereof, the Capital Account of each Member, immediately after making such allocation, is, as nearly as possible, equal (proportionately) to (i) the distributions payable to such Members pursuant to Section 4.4 assuming the Company is liquidated and the net assets of the Company are distributed in accordance with Section 4.4 to the Members immediately after making such allocation. 4.1B No Profits or Losses shall be allocated to the Class C Members as a result of the disposition in 2016 of the Alpine Village MHC Property 4.1C The following special allocations shall be made in the following order: (i) Minimum Gain Chargeback. Notwithstanding any other provisions of this Section 4.1, if there is a net decrease in "Partnership Minimum Gain" during any Company fiscal year so that an allocation isequired under Section 1.704-2(f) of the Treasury Regulations, each Member shall be specially allocated items of Company income and gain for such year (and, if necessary, for subsequent years) in an amount equal to the greater of (i) the portion of such Member's share of the net decrease in "Partnership Minimum Gain," determined in accordance with Section 1.704-2(d) of the Treasury Regulations, that is allocable to the disposition of Company property subject to one or more "Nonrecourse Liabilities," and (ii) the amount necessary to eliminate any deficit in such Member's Adjusted Capital Account. Allocations pursuant to the previous sentence shall be made in proportion to and to the extent of the portion of such Member's share of the net decrease in "Partnership Minimum Gain" and in accordance with Section 1.704-2(g) of the Treasury Regulations. The items to be so allocated shall be determined in accordance with Section 1.704-2(f) of the Treasury Regulations. This Section 21734081.3 -8- 4.1C(i) is intended to comply with the Minimum Gain Chargeback requirement in such Section of the Treasury Regulations and shall be interpreted consistently therewith. To the extent permitted by such Section of the Regulations and for purposes of this Section 4.1 C(i) only, the deficit in a Member's Adjusted Capital Account shall be determined prior to any other allocations pursuant to this Section 4.1C with respect to such fiscal year and without regard to any net decrease in"Partner Nonrecourse Debt Minimum Gain"during such fiscal year. (ii) Partner Minimum Gain Chargeback. Notwithstanding any other provision of this Section 4.1 except Section 4.1C(i) above, if there is a net decrease in "Partner Nonrecourse Debt Minimum Gain" during any Company fiscal year, each Member who has a share of the "Partner Nonrecourse Debt Minimum Gain," determined in accordance with Section 1.704-2(h)(4)of the Treasury Regulations, shall be specially allocated items of Company income and gain for such year(and, if necessary, subsequent years) in an amount equal to the greater of (i) the portion of such Member's share of the net decrease in "Partner Nonrecourse Debt Minimum Gain"determined in accordance with Section 1.704-2(i)of such Treasury Regulations, that is allocable to the disposition of Company property subject to such "Partner Nonrecourse Debt" determined in accordance with the Treasury Regulations, and (ii)the amount necessary to eliminate any deficit in such Member's Adjusted Capital Account. Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each of the Members pursuant thereto. The items to be so allocated shall be determined in accordance with Section 1.704-2(i) of the Regulations. This Section 4.1C(ii) is intended to comply with the Minimum Gain Chargeback requirement in such Section of the Regulations and shall be interpreted consistently therewith. Solely for purposes of this Section 4.1C(ii), the deficit in a Member's Adjusted Capital Account shall be determined prior to any other allocations pursuant to this Section 4.1C with respect to such fiscal year, other than allocations pursuant to Section 4.1C(i)hereof. (iii) Qualified Income Offset. In the event that any Member unexpectedly receives any adjustments, allocations or distributions described in Section 1.704-1(b)(2)(ii)(d)(4) through (6) of the Treasury Regulations, items of Company income and gain shall be specially allocated to such Member in an amount and manner sufficient to eliminate any deficit in its Adjusted Capital Account created by such adjustments, allocations, or distributions as quickly as possible, provided that an allocation pursuant to this Section 4.1C(iii) shall be made only if and to the extent that the Member would have a deficit in its Adjusted Capital Account after all other allocations provided for in this Section 4.1 have been tentatively made as if this Section 4.1C(iii) were not a part of this Agreement. (iv) dross Income Allocation. In the event that a Member has a deficit in its Capital Account at the end of any Company fiscal year that is in excess of its share of "Partnership Minimum Gain" and "Partner Nonrecourse Debt Minimum Gain", such Member shall be specially allocated items of Company income and gain in the amount Of such excess as quickly as possible, provided that an allocation pursuant to this Section 4.1 C(iv) shall be made only if and to the extent that such Member would have a deficit Capital Account in excess of such sum after all other allocations provided for in this Section 4.1 have been tentatively made as if Section 4.1C(iii)hereof and this Section 4.1 C(iv)were not a part of this Agreement. 21734081.3 -9- (v) Nonrecourse Deductions. "Nonrecourse Deductions" shall be allocated among the Members pro rata, based on their Interests, or in any other permissible method reasonably determined by the Manager. (vi) Partner Nonrecourse Deductions. Any "Partner Nonrecourse Deductions" for any fiscal year shall be allocated to the Member who bears the economic risk of loss with respect to the "Partner Nonrecourse Debt" to which such "Partner Nonrecourse Deductions" are attributable in accordance with Section 1.704-2(j)of the Treasury Regulations. 4.1D Curative Allocations. For purposes of the following curative provisions, the "Regulatory Allocations" consist of the "Basic Regulatory Allocations," the "Nonrecourse Regulatory Allocations," and the "Partner Nonrecourse Regulatory Allocations," all as hereinafter defined: (i) The "Basic Regulatory Allocations" consist of allocations pursuant to Sections 4.1C(iii)and 4.1C(iv)hereof. Notwithstanding any other provisions of this Agreement, • other than the Regulatory Allocations, the Basic Regulatory Allocations shall be taken into account in allocating items of income, gain, loss, and deduction among the Members so that, to the extent possible, the net amount of such allocations of other items and the Basic Regulatory Allocations to each Member shall be equal to the net amount that would have been allocated to each such Member if the Basic Regulatory Allocations had not occurred. (ii) The "Nonrecourse Regulatory Allocations" consist of all allocations pursuant to Sections 4.1C(i) and 4.1C(v) hereof. Notwithstanding any other provision of this Agreement, other than the Regulatory Allocations, the Nonrecourse Regulatory Allocations shall be taken into account in allocating items of income, gain, loss and deduction among the Members so that,to the extent possible,the net amount of such allocations of other items and the Nonrecourse Regulatory Allocations to each Member shall be equal to the net amount that would have been allocated to each such Member if the Nonrecourse Regulatory Allocations had not occurred. For purposes of applying the foregoing sentence, (a) no allocations pursuant to this Section 4.1D(ii) shall be made prior to the Company fiscal year during which there is a net decrease in "Partnership Minimum Gain," and then only to the extent necessary to avoid any potential economic distortions caused by such net decrease in "Partnership Minimum Gain," and (b) allocations pursuant to this Section 4.1D(ii) shall be deferred with respect to allocations pursuant to Section 4.1 C(v) hereof to the extent that such allocations are likely to be offset by subsequent allocations pursuant to Section 4.1C(i)hereof. (iii) The "Partner Nonrecourse Regulatory Allocations" consist of all allocations pursuant to Sections 4.1C(ii) and 4.1C(vi) hereof. Notwithstanding any other provisions of this Agreement, other than the Regulatory Allocations, the Partner Nonrecourse Regulatory Allocations shall be taken into account in allocating items of-income, gain, loss, and deduction among the Members so that, to the extent possible, the net amount of such allocations of other items and the Partner Nonrecourse Regulatory Allocations to each Member shall be equal to the net amount that would have been allocated to each such Member if the Partner Nonrecourse Regulatory Allocations had not occurred. For purposes of applying the foregoing sentence (i) no allocations pursuant to this Section 4.1D(iii) shall be made with respect to allocations pursuant to Section 4.1 C(vi)relating to a particular"Partner Nonrecourse Debt"prior 21734081.3 -10_ to the Company fiscal year during which there is a net decrease in "Partner Nonrecourse Debt Minimum Gain," and then only to the extent necessary to avoid any potential economic distortions caused by such net decrease in "Partner Nonrecourse Debt Minimum Gain," and (ii) allocations pursuant to this Section 4.1D(iii) shall be deferred with respect to allocations pursuant to Section 4.1C(vi)hereof relating to a particular"Partner Nonrecourse Debt Minimum Gain"to the extent that such allocations are likely to be offset by subsequent allocations pursuant to Section 4.1C(ii)hereof. 4.1E Anything contained in this Section 4.1 to the contrary notwithstanding, the allocation of Profits, Losses and items of income, gain, expense or loss for any fiscal year of the Company during which a person acquires an Interest (other than upon formation of the Company) shall take into account the Members' varying interests in the Company for such fiscal year pursuant to any method permissible under Section 706 of the Code that is selected by the Manager. 4.1F For purposes of this Section 4.1: (i) "Adjusted Capital Account" means such Member's Capital Account (i) reduced by those anticipated allocations, adjustments and distributions described in Section 1.704-1(b)(2)(ii)(d)(4)-(6) of the Treasury Regulations, and (ii) increased by such Member's share of"Partnership Minimum Gain"and share of"Partner Nonrecourse Debt Minimum Gain". (ii) All terms set off in quotation marks shall have the respective meanings ascribed to them in Section 1.704-2 of the Treasury Regulations. Section 4.2 Special Allocations for Federal Income Tax Purposes 4.2A In the event of the transfer of a Member's Interest or a portion thereof by sale or exchange, or upon the death of a Member, the Company shall, if the person acquiring such Company Interest or portion thereof so requests, elect, pursuant to Section 754 of the Code, or any corresponding provision of succeeding law, to adjust the basis of the Company property. Each Member hereby agrees to provide the Company with all information necessary to give effect to such election. Nothing herein shall require the Company to terminate a Section 754 election. (i) Any change in the amount of the depreciation deducted by the Company, and any change in the gain or loss of the Company, for Federal income tax purposes, resulting from such election, shall be allocated entirely to the transferee of the Interest or portion thereof so transferred; provided, however, neither the capital contribution obligations of, nor the Interests of,nor the amount of any cash distributions to,the Members shall be affected as a result of such election, and the making of such election shall have no effect except for Federal income tax purposes. (ii) A subsidiary account shall be established on the books of the Company for each asset, the basis of which is adjusted as a result of such election, and each such subsidiary account shall be debited(in the case of an increase in basis) or credited(in the case of a decrease in basis)by the amount of such basis adjustment, and the offsetting credit or debit shall be made to a subsidiary capital account established on the books of the Company for the transferee 21734081.3 -11- Member. Any change in the amount of the depreciation deducted by the Company, and any change in the gain or loss of the Company, for Federal income tax purposes, attributable to the basis adjustment made as a result of such election shall be debited or credited, as the case may be,to the appropriate subsidiary asset account and the offsetting credit or debit shall be made to the subsidiary capital account of the appropriate Member. 4.2B In accordance with Section 704(c) of the Code and the Treasury Regulations thereunder, income, gain, loss and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes,be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and the initial Book Value of such property (computed in accordance with the definition of Book Value). If the Book Value of any Company property is adjusted, pursuant to the definition of Book Value, subsequent allocations of income, gain, loss and deduction with respect to such asset shall take account of any variation between the adjusted basis of such asset for federal income tax purposes and Book Value of such asset in the same manner as under Section 704(c) of the Code and the Treasury Regulations thereunder. • Section 4.3 Distributions of Net Cash Flow The Manager may, in the exercise of his sole discretion, distribute the Net Cash Flow of the Company to the Members in accordance with their Interests. Section 4.4 Distributions of Net Sale or Refinance Proceeds The Manager may, at such times as he determines in the exercise of his sole discretion, distribute the Net Sale or Refinance Proceeds of the Company to the Members in accordance with the following order and priority(after deducting therefrom any Reserves determined by the Manager): (a)First, to the Class B Members in proportion to, and to the extent of,their shares of the Class B Preferred Equity Amount; and (b)To the Members in proportion to their Interests. ARTICLE FIVE Rights,Powers and Duties of the Manager Section 5.1 Management and Control of the Company 5.1A The Manager, within the authority granted to it under this Agreement, shall have the exclusive right to manage the business of the Company and is hereby authorized to take any action of any kind and to do anything and everything it deems necessary in accordance with the provisions of this Agreement. r:y 21734081.3 -12- 5.1B No Member(except one who may also be a Manager, and then only in its capacity as Manager within the scope of its authority hereunder) shall participate in or have any control over the Company's business or shall have any authority or right to act for or bind the Company. 5.1C The Company shall initially have one(1)Manager, Edward C. Zeman. Section 5.2 Authority of the Manager 5.2A The Manager, on behalf of the Company, is hereby authorized to do any of the following on behalf of the Company and the Real Estate Companies: (i) acquire the interest in the Real Estate Companies and any real or personal property which may be necessary, convenient or incidental to the accomplishment of the purposes of the Company; (ii) take any action on behalf of the Company (or the Real Estate Companies) • which the Company(or the Real Estate Companies)are entitled to take, including but not limited to the refinancing or sale of all or any portion of the Property or any Real Estate Companies; (iii) execute any and all agreements, contracts, documents, certifications and instruments necessary or convenient in connection with the foregoing; (iv) borrow money or guaranty loans and issue evidence of indebtedness necessary, convenient or incidental to the accomplishment of the purposes of the Company, and to secure the same by mortgage, pledge or other lien on the Property, or other assets of the Company, in such amount or amounts as the Manager may determine; provided, however, that while the Senior Loan is outstanding,no such borrowings by the Company may be secured by an interest in the Property or in the Real Estate Company if doing so would violate the Senior Loan. (v) execute, in furtherance of any or all of the purposes of the Company, any deed, lease, deed of trust, mortgage, note, bill of sale, contract or other instrument conveying, exchanging or encumbering the real or personal property of the Company or granting a deed in lieu of foreclosure of any mortgage or other security on the Company Property even if so doing creates a conflict of interest due to a guaranty by the Manager or its Affiliate of the indebtedness being discharged thereby. (vi) repay in whole or in part, refma>le, recast, increase, modify or extend any mortgages or other indebtedness affecting the Property and in connection therewith to execute any extensions or renewals of such indebtedness on the Property; and (vii) engage in any kind of activity and perform and carry out contracts of any kind necessary to, or in connection with, or incidental to the accomplishment of the purposes of the Company, as may be lawfully carried on or performed by a limited liability company under the laws of the State of Delaware and any other jurisdiction where the Company carries on its business. 21734081.3 -13- 5.2B Any person dealing with the Company or the Managers may rely upon a certificate signed by any of the Managers as to: (i) the identity of the Managers or any Member hereof; (ii) the existence or nonexistence of any fact or facts which constitute a condition precedent to acts by the Manager or which are in any other manner germane to the affairs of the Company; or (iii) the Persons who are authorized to execute and deliver any instrument or document of the Company. Section 5.3 Duties and Obligations of the Manager 5.3A The Manager shall take all actions which may be necessary or appropriate for the continuation of the Company's valid existence as a limited liability company under the'Act. 5.3B The Manager shall devote to the Company such time as may be necessary for the proper performance of its duties hereunder,but shall not be expected to devote its full time to the performance of such duties. 5.3C The Manager shall at all times use its best efforts to assure that the Company will be classified for federal income tax purposes as a partnership and not as an association taxable as a corporation unless the election to be taxed as a corporation will, in the sole discretion of the Manager, confer an advantageous tax benefit to the Members. 5.3D The Manager shall take such actions as may be necessary or appropriate in order to form or qualify the Company under the laws of any jurisdiction in which the Company is doing business or in which such formation or qualification is necessary in order to protect the limited liability of the Members or in order to continue in effect such formation or qualification. The Manager shall file or cause to be filed for recordation in the office of the appropriate authorities of the State of Delaware, such certificates, annual reports and other documents as are required by applicable statutes, rules or regulations. 5.3E The Manager shall prepare or cause to be prepared and shall file on or before the due date therefor (or any extension thereof) any federal, state or local partnership or other tax returns required to be filed by the Company. Section 5.4 Restrictions on Authority of Manager Without the written consent or ratification of the specific act by all Members, the Manager shall not have the authority to: (1) do any act in contravention of this Agreement or the Company's Certificate of Formation, as amended from time to time; or 21734081.3 -14- (ii) possess Company Property, or assign its rights in specific Company property,for other than a Company Purpose. It is expressly agreed and understood that the Manager does not require the consent of any of the Members to dispose of the Alpine Village MHC Property, to acquire the Property or to structure such purchase and sale as a Section 1031 exchange. Section 5.5 Compensation of Manager and Affiliates The Manager may cause the Company or any Real Estate Company to pay property management fees or other customary fees payable to real estate service providers regardless whether such fees are paid to an Affiliate of the Manager or any Member. Section 5.6 Other Business of Members or Managers Any Member or Manager, or their Affiliates, may engage independently or with others in other business ventures of every nature and description, including, without limitation, the rendering of advice or services of any kind to other investors and the making or management of other investments. Nothing in this Agreement shall be deemed to prohibit any Member or Manager or any of their Affiliates from dealing, or otherwise engaging in business with persons transacting business with the Company or from providing services relating to the purchase, sale, management, development or operation of real property, including manufactured home communities or other real estate developments which may compete with the Property and .-. receiving compensation therefor. Neither the Company nor any Member shall have any right by virtue of this Agreement or the Company relationship created hereby in or to such other ventures or activities or to the income or proceeds derived therefrom, and the pursuit of such ventures, even if competitive with the business of the Company, shall not be deemed wrongful or improper. Neither the Manager, the Members nor any of their Affiliates shall be obligated to present any particular investment opportunity to the Company or any other Member even if such opportunity is of a character which,if presented to the Company,could be taken by the Company and each of them shall have the right to take for its own account or to recommend to others any such particular investment opportunity. Section 5.7 Limitation on Liability of Managers; Indemnification Except as may be set forth in the Act, no Manager shall be liable, responsible or accountable in damages or otherwise to airy of the Members for any act or omission performed or omitted by it in good faith pursuant to the authority granted to it by this Agreement and in a manner reasonably believed by it to be within the scope of the authority granted to it by this Agreement and in the best interests of the Company, provided that such Manager was not guilty of fraud,bad faith or gross negligence. The Company shall indemnify and save harmless each of the Managers, their officers, directors, partners, agents, Affiliates, subsidiaries and assigns against any and all losses, expenses, claims and demands sustained by reason of any acts or omissions or alleged acts or omissions as a Manager,including judgments, settlements,penalties, fines,or expenses incurred in a proceeding to which Manager is a party or threatened to be made a party to the fullest extent permitted by agency law and the limitations of the Act. 21734081.3 -1 5- Section 5.8 Resignation of a Manager Any Manager of the Company may resign at any time by giving written notice to the Members of the Company. The resignation of any Manager shall take effect upon receipt of notice thereof or at such later time as shall be specified in such notice; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The resignation of a Manager who is also a Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a Member. ARTICLE SIX Rights and Obligations of Members Section 6.1 Limitation of Liability Each Member's liability shall be limited as set forth in this Agreement, the Act and other applicable law. Section 6.2 Company Debt Liability A Member will not be personally liable for any debts or losses of the Company beyond its respective Capital Contributions except as provided in Section 6.4 herein or as otherwise required by law. Section 6.3 List of Members The Manager shall maintain a list showing the names, addresses and Interests of all Members. Section 6.4 Liability of a Member to the Company A Member who receives a distribution made by the Company with knowledge of facts indicating that such distribution is either in violation of this Agreement or the Act, is liable to the Company for a period of two years after such distribution for the amount of the distribution such Member accepts or receives. 21734081.3 -16- ARTICLE SEVEN Transferability of Members' Interest Section 7.1 Restrictions on Transfer of Interests Subject to any limitations set forth in this Agreement and/or the Loan Documents, each Class B Member may assign in whole or in part its limited liability company interest in the Company so long as: (i) the assignee is either(a) a Class B Member's spouse, sibling, parent or descendant (by blood or adoption), (b) a trust with respect to which the trustee(s) and/or beneficiary(ies) are the Class B Member or the Class B Member's spouse, sibling, parent or descendant(by blood or adoption) or(c) a legal representative of a Member; or(ii)such Class B Member first makes an offer to sell such Class B Member's limited liability company interest to each Class A Member (on a pro rata basis), and each Class A Member either (1) accepts such offer within 60 days after such Class B Member offers to sell such Class B Member's limited liability company interest on commercially reasonable terms or on identical terms as to which a third party assignee has offered to purchase such Class B Member's limited liability company interest or(2) declines such offer to purchase such Class B Member's limited liability company interest, in which case, the Class B Member shall consummate the assignment of such Class B Member's limited liability company interest to such third party within 30 days thereafter on the same terms as originally offered. Each Class A Member may assign in whole or in part its limited liability interest in the Company. If a Member properly transfers all of its limited liability company interest in the Company pursuant to this Section 7.11 the transferee shall be admitted to the Company as a member of the Company upon its execution of an instrument signifying its agreement to be bound by the terms and conditions of this Agreement, which instrument may be a counterpart signature page to this Agreement. Such admission shall be deemed effective immediately prior to the transfer and, immediately following such admission, the transferor Member shall cease to be a Member of the Company. Each of the Members acknowledges that the interest of the Class B Members are subject to a Buy-Sell Agreement entered into between the Class B Members and the Class A Members. The Loan Documents may require advance written notice of Permitted Transfers to the holder of the Senior Loan and certain documents to be prepared and filed by Borrower, and it is expressly understood that any such costs shall, at the Company's direction, be borne by the Members wishing to make the transfer, and no transfers shall be valid unless all provisions and procedures imposed by the Senior Loan are followed. Any transfers in violation of this Section 7.1 shall be null and void as if they were never made. The Class C Members shall not assign their Interests without written approval of the Manager andny attempted disposition of their Interests without the Manager's written approval shall be null and void. Section 7.2 Assignees and Substitute Members If a Member dies, its personal representative, executor,administrator or trustee, or, if it is adjudicated incompetent, its guardian or conservator, or, if it becomes bankrupt, the receiver or trustee of its estate,shall have all the rights of the Member. 21734081.3 -17- Section 7.3 Withdrawal Event of a Member The bankruptcy, death, dissolution, liquidation, termination or adjudication of incompetency of a Member shall not cause the termination or dissolution of the Company and the business of the Company shall continue. Upon any such occurrence, the trustee, receiver, executor, administrator, committee, guardian or conservator of such Member shall have all the rights of such Member for the purpose of settling or managing its estate or property, subject to satisfying conditions precedent to the admission of such assignee as a substitute Member. The transfer by such trustee, receiver, executor, administrator, committee, guardian or conservator of any Company interest shall be subject to all of the restrictions hereunder to which such transfer would have been subject if such transfer had been made by such bankrupt, deceased, dissolved, liquidated,terminated or incompetent Member. Section 7.4 Permitted Withdrawal No.Member shall resign, retire or otherwise voluntarily withdraw from the Company (other than by making an assignment to a Permitted Assign)without the approval of the Manager and all remaining Member(s). No Member who withdraws from the Company, whether with such approval or otherwise, shall be entitled to any further distribution from the Company. ARTICLE EIGHT Dissolution and Liquidation of the Company Section 8.1 Events Causing Dissolution 8.1A The Company shall terminate upon the happening of any of the following events: (i) the satisfaction of payment of all amounts due to the Company pursuant to the sale of the last remaining Company Property; (ii) the happening of any other event causing the dissolution of the Company under the Act and not otherwise addressed specifically herein; provided that, in no event, shall the Company be dissolved while the Senior Loan is outstanding. 8.1B Dissolution of the Company shall be effective on the day on which the event occurs giving rise to the dissolution, but the Company shall not terminate until the Company's Certificate of Dissolution shall have been duly filed and the assets of the Company shall have been distributed as provided in Section 8.2. Notwithstanding the dissolution of the Company, prior to the termination of the Company, as aforesaid, the business of the Company and the affairs of the Members, as such, shall continue to be governed by this Agreement. 21734081.3 -18- r-. Section 8.2 Liquidation 8.2A Upon dissolution of the Company, the Members shall liquidate the assets of the Company, apply and distribute the proceeds thereof as contemplated by Section 8.2C of this Agreement and cause the filing of a Certificate of Dissolution. 8.2B If any assets of the Company are to be distributed in kind, subject to the provisions of Section 3.5 hereof, such assets shall be distributed on the basis of the fair market value thereof and any Member entitled to any interest in such assets shall receive such interest therein as a tenant-in-common with all other Members so entitled. The fair market value of such assets shall be determined by an independent appraiser. 8.2C All distributions upon liquidation of the Company,including distributions in kind, shall be deemed to be distributions of Net Cash Flow and shall be made in accordance with Section 4.4 hereof. Each holder of an Interest in the Company shall look solely to the assets of the Company for all distributions with respect to the Company and its Capital Contribution thereto and share of Net Cash Flow and shall have no recourse therefor (upon dissolution or otherwise)against any Member. ARTICLE NINE Books and Records,Accounting Reports,Tax Elections Section 9.1 Books and Records 9.1A The books and records of the Company shall be maintained at the principal office of the Company. 9.1B The Manager shall prepare or have prepared all tax returns of the Company. Section 9.2 Accounting Method and Fiscal Year The books of the Company shall operate on a calendar year and shall use such method of accounting as shall be determined by the Manager. Section 9.3 Demand Accounts The demand and other financial accounts of the Company shall ba maintained in such institutions as the Manager shall determine, and withdrawals shall be made only in the regular course of Company business on such signature or signatures as the Manager may determine. All deposits and other funds not needed in the operation of the business may be invested as the Manager deems appropriate. Section 9.4 Reports 9.4A Within the time period required by law after the end of each fiscal year, the Manager shall use commercially reasonable efforts to send to each Person who was a Member at any time during the fiscal year then ended a Schedule K-1 and such other tax information as shall 21734081.3 -19- be necessary for the preparation by such Person of its federal income tax return, and any other required state income or other tax returns. 9.4B As soon as possible after the end of each fiscal year, the Manager shall send to each Person who was a Member at any time during such period a financial statement for the Company and an income statement for the Property as of the end of such period. 9.4C The financial statements described in this Section need not be audited. Section 9.5 Tax Matters Member The Tax Matters Member within the meaning of a tax matters partner under Section 6231(a)(7)of the Code, shall be selected by the Manager. The Manager may designate any other Manager or Member as Tax Matters Member. The Tax Matters Member shall have all rights and responsibilities of that position described in Sections 6222 through 6232 of the Code. Each Member irrevocably appoints the Tax Matters Member as its attorney-in-fact with full power and authority to act in its and on its behalf in negotiating, settling or refusing to settle all tax issues raised relating to the Company. The Company shall indemnify and hold the Tax Matters Member harmless from and against any claim, loss, expense, liability, action or damage, including attorney fees and costs, resulting from its acting or failing to act as Tax Matters Member. Beginning in 2018, the Manager shall serve as the"partnership representative" for IRS purposes. Section 9.6 Maintenance of Documents;Maintenance of List of Members The Manager, on behalf of the Company, shall maintain, at the principal office of the Company, a copy of the Certificate of Formation,this Agreement and any amendments thereto. ARTICLE TEN Meetings and Voting Rights of Members Section 10.1 Meetings No meetings of the Members shall be required. Decisions of the Company which require consent of the Members shall be made by the written Consent of the Class A Member, who shall hold all voting rights of the Members, subject to Section 12.2. The_Class B Members and the Class C Members shall not hold voting rights in the Company. ARTICLE ELEVEN Securities Law Provisions Section 11.1 Claim of Exemption The Interests have not been registered under the Securities Act of 1933 (the "Federal Act") or the Securities Act of any State and are being offered for sale pursuant to applicable 21734081.3 _20- exemptions from registration. The provisions contained in this Article Eleven have been included in this Agreement with respect to the conditions which must be satisfied in order for such exemptions to be available. Section 11.2 General Provisions 11.2A Each Member hereby represents that (i) the Interest it is acquiring hereunder is being acquired solely for its own account, and not for or on behalf of other persons, (ii) such Interest is being acquired for investment purposes only, and not for resale or distribution, and (iii)it has no contract, agreement,undertaking or arrangement, and no intention to enter into any contract, agreement, undertaking or arrangement to sell, transfer or pledge such Interest or any part thereof. 11.2B If the Company shall ever have a transfer agent, the Company shall issue stop transfer instructions to the Company's transfer agent with respect to the Interests acquired hereunder, and the Company shall make a notation in the appropriate records of the Company that will prevent the sale,transfer or assignment of such Interests until such time as the Managers are satisfied that any such sale, transfer or assignment is not in violation of the applicable provisions of the Federal Act and is not in violation of the restrictions against the sale,transfer or assignment of such Interests contained in this Agreement. 11.2C Each Member hereby agrees that it will not sell, transfer or assign its Interest, or any portion thereof, without registration under the Federal Act or exemption therefrom. ARTICLE TWELVE Miscellaneous Provisions Section 12.1 Appointment of Managers as Attorney-in-Fact 12.1A Each Member, including each Additional and Substituted Member, by the execution of this Agreement, irrevocably constitutes and appoints each Manager its true and lawful attorney-in-fact with full power and authority in its name, place and stead to execute, acknowledge, deliver, swear to, file and record at the appropriate public offices such documents as may be necessary or appropriate to carry out the provisions of this Agreement, including but not limited to: (i) the Certificate of Formation and any=amendment thereof, which the Manager deems appropriate to form, qualify or continue the Company as a limited liability company in the State of Delaware or other jurisdiction in which the Manager deems such filings appropriate; (ii) all amendments to this Agreement duly adopted by the Members in accordance with Section 12.2 hereof; and (iii) all conveyances and other instruments which the Manager deems appropriate to reflect the dissolution and termination of the Company. 21734081.3 -21- 12.1B The appointment by all Members of the Manager as attorney-in-fact shall be deemed to be a power coupled with an interest, in recognition of the fact that each of the Members under this Agreement will be relying upon the power of the Manager to act as contemplated by this Agreement in any filing or other action by it on behalf of the Company,and shall survive the bankruptcy, death, incompetence or dissolution of any Person hereby giving such power and the transfer or assignment of all or any part of the Interest in the Company of such Person; provided, however, that in the event of the transfer by a Member of all or any part of its interest in the Company, the foregoing power of attorney of a transferor Member shall survive such transfer only until such time as the transferee shall have been admitted to the Company as a Substituted Member and all required documents and instruments shall have been duly executed, filed and recorded to effect such substitution. Section 12.2 Amendments 12.2A The Class A Member shall have sole authority to amend this Agreement in the sole discretion of the Class A Member,provided that without the consent of the Class B Member or Class C Member in question no amendment shall be effective as to such Member which would: (i) modify the limited liability of such Member or (ii) reduce the Interest of such Member or modify the order and priority of distributions to the Member under Sections 4.3 or 4.4 hereof. The Manager shall be permitted to cause the Company or the Real Estate Companies to enter into a merger, reorganization, restructuring or substantially similar transaction involving one or more of the Real Estate Companies, the Company and/or any new direct or indirect subsidiary(ies) of the Company if it is determined by the Manager to do so in connection with financing, tax or legal reasons, and the amendments occasioned thereby shall not require the approval of the Members. 12.2B In making any amendments, there shall be prepared and filed by the Manager for recording such documents and certificates as shall be required to be prepared and filed under the Act. Section 12.3 Parties in Interest The covenants and agreements contained herein shall be binding upon, and inure to the benefit of, the heirs, executors, administrators, personal representatives, successors and assigns of the respective parties hereto. Nothing in this Agreement, expressed or implied, is intended to confer on any person any rights or remedies under or by this Agreement. Section 12.4 Entire Agreement The parties agree that this instrument (together with attached exhibits and schedules) contains the entire understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings,proposals, representations,warranties,inducements or conditions, express or implied,oral or written,except as herein contained. The parties acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. The parties further agree that this Agreement may not in any way be explained or supplemented by a prior or existing course of dealing between the parties, by any usage of any trade or custom, or by any prior performance by the parties pursuant 21734081.3 -22- to this Agreement. This Agreement may not be modified or amended other than by an agreement in writing. Section 12.5 Governing Law The validity of this Agreement, the terms hereof, and all duties, obligations and rights existing herefrom, shall be governed by and interpreted in accordance with the local laws of the State of Delaware. Section 12.6 Severability of Provisions Each provision of this Agreement shall be considered separable and if for any reason any provision or provisions hereof are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid. Section 12.7 Captions The captions contained in this Agreement (including exhibits and schedules) are for convenience only, form no part of this Agreement and shall not in any manner amplify, limit, modify or otherwise affect the interpretation of this Agreement. Section 12.8 Gender and Number As used in this Agreement(including exhibits and schedules), the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others whenever the context so indicates or requires. Section 12.9 Waiver of Conflict The Members acknowledge and agree that the Manager has asked the firm of Honigman Miller Schwartz and Cohn LLP (the "Firm")to prepare this Agreement. Terms may be included in this Agreement or omitted therefrom or expressed in such a way that had any Member retained separate legal counsel certain advantages may have been obtained or certain disadvantages may have been avoided. Nevertheless the Manager and Class A Member, and by their execution hereof, the Class B Members and Class C Members, have deemed it more expedient and beneficial to request that the Firm undertake this task. Accordingly, each Member waives any and all resulting conflicts of interest which the Firm may have. Each Member has reviewed or has had the opportunity to review this Agreement with separate legal counsel of such Member's choosing and has independently determined that the terms and conditions of this Agreement are fair and reasonable. Section 12.10 Counterparts This Agreement may be executed in several counterparts, all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all the parties have not signed the same counterpart. Each Member, Substituted Member and Additional Member, shall become a signatory hereof by signing such number of counterpart signature pages to this 217340813 _23_ Agreement or such other instrument or instruments, and in such manner and at such time, as the Manager shall determine. By so signing, each Additional Member and Substituted Member, as the case may be, shall be deemed to have adopted, and to have agreed to be bound by all the provisions of, this Agreement, as amended from time to time in accordance with the provisions of this Agreement; provided, however, that no such counterpart shall be binding until it shall have been accepted by the Manager pursuant to the provisions of Article Seven as to Substituted Members. Facsimile and PDF copies of signature pages shall be accepted as originals. (SIGNATURES ON NEXT PAGE) 21734081.3 -24- WHEREFORE,the undersigned have executed this Agreement as of the Effective Date. CLASS A MEMBER tF { . • man MANAGER ward C.Zeman CLASS B MEMBERS See attached +! CLASS C MEMBERS See attached ,—. 21734081.2 SIGNATURE PAGE FOR CLASS B AND CLASS C MEMBERS AMENDED AND RESTATED OPERATING AGREEMENT OF ALPINE VILLAGE MHC LLC Commonwealth Trust Company,Trustee Dorothy M.Zeman,Trustee of the of ECZ Delaware Trust ego PAtC tz Zeman Appreciation Trust Dorothy M.Zeman,Trustee of Dorothy M.Zeman,Trustee of the The ZAP Trust#2 Patrick M,Zeman Grandchild Trust j ..c Mark Cos">:olly Debra J.Piz "rn e of Debra J. Pizer Living Trust Jeffrey J.Fannon,Trustee of Jeffrey .-1 J.Fannon and Melanie A. Fannon Living Trust • • • I � ji L 2173081.2 1 SIGNATURE PAGE FOR CLASS B AND CLASS C MEMBERS AMENDED AND RESTATED OPERATING AGREEMENT OF ALPINE VILLAGE MHC LLC Commonwealth Trust Company,Trustee Dorothy M. ' an,T fee of the of ECZ Delaware Trust F&0 DA11.1 K Zeman Appre Cation Trust Dorothy Zema rustee of Dorothy M. an, tee of the The ZAP Trust#2 Patrick M.Zeman Grandchild Trust ciev,4„..„. Mark Connolly Debra J. Pizer,Trustee of Debra J. Pizer Living Trust Jeffrey J. Fannon,Trustee of Jeffrey J. Fannon and Melanie A.Fannon Living Trust { iR 21734081.2 SIGNATURE PAGE FOR CLASS B AND CLASS C MEMBERS AMENDED AND RESTATED OPERATING AGREEMENT OF ALPINE VILLAGE MHC LLC mo'f alth Tru ;in•any rustee Dorothy M.Zeman,Trustee of the • CZ a aware Trust FBO P trick Zeman Appreciation Trust Dorothy M.Zeman,Trustee of Dorothy M.Zeman,Trustee of the The ZAP Trust#2 Patrick M.Zeman Grandchild Trust Mark Connolly Debra J.Pizer,Trustee of Debra J. Pizer Living Trust Jeffrey J.Fannon,Trustee of Jeffrey J.Fannon and Melanie A.Fannon Living Trust Cammonwsalth'Mist Company,solely in Its oepedIy as hosts*and f101 In Its hcilvkual Cepadty 21734081.3 /"\ • SIGNATURE PAGE FOR CLASS B AND CLASS C MEMBERS AMENDED AND RESTATED OPERATING AGREEMENT OF ALPINE VILLAGE MHC LLC Commonwealth Trust Company, Trustee Dorothy M.Zeman,Trustee of the of ECZ Delaware Trust FBO Patrick Zeman Appreciation Trust Dorothy M. Zeman,Trustee of Dorothy M.Zeman,Trustee of the The ZAP Trust#2 Patrick M.Zeman Grandchild Trust I Mark Connolly Debra J.Pizer,Trustee of Debra J. Pizer Living Trust 1447 III , J -y J. Fannon stee of Jeffrey on and M :nie A.Fannon Living Trust • { 21734081.3 Exhibit A to Operating Agreement of Alpine Village MHC LLC Member Interest CLASS A MEMBER Edward C. Zeman 0% CLASS B MEMBERS Commonwealth Trust Company,Trustee of ECZ Delaware Trust FBO 12.32% Patrick Dorothy M. Zeman,Trustee of Zeman Appreciation Trust 4.69% Dorothy M. Zeman,Trustee of ZAP Trust#2 52.29% Dorothy M. Zeman,Trustee of Patrick M. Zeman Grandchild Trust 0.7% CLASS C MEMBERS Mark Connolly 5% Debra J. Pizer,Trustee of Debra J. Pizer Living Trust 10% Jeffrey J. Fannon,Trustees of Jeffrey J. Fannon and Melanie A. Fannon 15% Living Trust GRAND TOTAL 100% 21734081.3 ASSIGNMENT OF MEMBERSHIP INTEREST FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the undersigned ("Assignor") does hereby assign, transfer and convey to Alpine Village MI-IC LLC ("Assignee"), the membership interests (the "Interests") described on Schedule A attached hereto and made a part hereof, standing in the name of the Assignor on the books of Caribbean MHC LLC, an Illinois limited liability company listed on Schedule A (the "Company"), together with any and all right, title and interest in any property, both real and personal, to which the Interests relate and any other rights, privileges and benefits appertaining thereto. This Assignment is made pursuant to that certain Limited Liability Company Sale Agreement dated June 1, 2016 and subject to all the terms and conditions of the Operating Agreement of the Company dated May 31, 2016 (the "Agreement"), and I, Assignee, by execution of this Assignment, agrees to abide by and be bound by all the terms and conditions of the Agreement as now in effect or hereinafter amended, in the place and stead of Assignor. Assignor certifies (i) that it has full power to make this Assignment under the Agreement (it) that this Assignment is being made incompliance with said Agreement. (iii) that the Agreement has not been amended and remains in full force and effect and (iv) that the Interests have not otherwise been conveyed, sold, transferred, encumbered, pledged, hypothecated or assigned. ,fl W1=1TOl k008831SLEEN I S3Snvv1 22700930.3 IN WITNESS WHEREOF, Assignor has executed this Assignment as of ASSIGNOR: Accruit Exchange Accommodation Services LLC a Delaware limited liability company,as Member By: P'1a, .:.: c L-141 Name: Martin S. Edwards Title: President Manager joins in the execution hereof to provide the consent to this Assignment dward C: Zeman • 'erneil 50771. ACCEPTANCE The Assignee hereby accepts the foregoing assignment of the Interests and agrees to be bound by and subject at all times to all of the terms and conditions of the Agreement as now in effect or hereafter amended, which Agreement is incorporated herein by reference. DATED as of ASSIGNEE: Alpine Village MHC LLC Name Edward C.Zeman Authorized Signer 't GITU1NK 883‘SL LEA I53577v1 2271X)930.3 SCHEDULE A 100% of the membership interests of Carribean MHC LLC, an Illinois limited liability company,which company is the 99% member of Caribbean MHC Owners LLC an Illinois limited liability company, which entity is the record owner of that certain property located at 1 Sunrise Blvd, Naples, FL 34110. I I i 1 • • • • Ut EITOIVIRRASLEF\I5 3577 I 22700930.3 INSTRUCTIONS TO DISBURSE EXCHANGE FUNDS Exchange Account AC-11916F1 Bank Account It _ Exchangor Name Alpine Village MHC LLC Disbursement Date 11/7/2016 _ Purpose of Disbursement Exchange Completed For the Following Property These instructions to Disburse Exchange Funds are submitted by the undersigned Exchanger to Accruit,LLC,("Qualified Intermediary"), in accordance with Section 3.4 of the Tax Deferred Exchange Agreement. ❑ Wire Transfer Instructions Entered Below Bank Name US Bank,N.A. EP-MN-WN1A City St.Paul State MN ABA/Routing 41 071904779 Account# 199380317941 In Name Of GAH Project Account LLC Street Address 6547 N.Avondale City Chicago State IL Attention U Wire Transfer Instructions Attached(Note: Any attachments must be signed by the Exchanger) Please select one of the following disbursement options: X Disburse all available exchange funds,including any ❑ Specific Disbursement Amount applicable posted interest. r { Exchanger: Alpine Village MHC LLC 2nd Exchanger(if applicable): Signature :.: Signature _ ay:- ikard C.Zeman By Title Title Qualified Intermediary: I If not submitting via DocuSign, ACCRUIT,LLC please submit this signed request to: exchanges@accruit.com or By Martin S.Edwards 888-892-5899 fax — Title EVPSame Day Processing Deadline: 12:00 PM Central Time —J • 5/12/2 11 2;55 cos: 65 3 Di n o tions g o Florida Department of State Division of Corporations Electronic Filing Cover Sheet Note:Please print this page and use it as a cover sheet.Type the fax audit number(shown below)on the top and bottom of all pages of the document, (((H16000117994 3))) I 11111111111 11111 111111111111(11111111111111111 11111 liii!11111 WIl1111111111111111111111 • 1150001179943A8C5 • Note; DO N01'hit the REFRESH/RELOAD button on your browser from this page.Doing so will generate another cover sheet. To: Division of Corporations Fax Number . (850)617-6383 From: Account Name : C T CORPORATION SYSTEM Account Number : FCA000000023 Phone : (850)205-8842 Fax Number : (850)878-5368 **Enter the email address for this business entity to be used for future annual report mailings. Enter only one email address please.** Email Addreee r-• cn Foreign Limited Liability Company p. CARIBBEAN MHC OWNER LLC N r. Certificate of Status -�I u � 'c' 3 "t ..i Certified Copy E 0 -71"1-1 ,- _ Page Count es EEstimated Charge 5125.00 :} MAY 1 311116 Electronic Filing Menu Corporate Filing Menu Help Y SULKER https://efile.sunbiz.org/scriptskfilcovr.exe 5/12/2016 5/12/2016 11:02:55 AM From: To: 8506176383( 2/4 COVER LETTER TO: Registration Section Division of Corporations Caribbean MHC Owner LLC SUBJECT: Name of Limited Liability Company The enclosed"Application by Foreign Limited Liability Company for Authorization to Transact Business in Florida,`Certificate of Existence,and cheek are subtnitted to register the above referenced foreign limited liability company to transact business in Florida.. Please return all correspondence concerning this matter to the following: Name of Person Firm/Company Address City/State and Zip Code L-tneil address:(to be used-for future annual report notification) For further infonnation concerning this matter,please call: at{ l Name of Contact Person Area Code Daytime Telephone Number MAILING ADDRESS STREET ADDRESS: Division nfCorporations Division of Corporations Registration Section Registration Section P.O.Box 6327 Clifton building Tallahassee,FL 32314 2661 Executive Center Circle Tallahassee,FL 32301 Enclosed is a check for the following amount: O 5125.00 Filing Fee 0 S 130.00 Filing Fee& C1 S 155.00 Filing Fee& D S 160.00 Piling Pee,Certificate Ceriffcate of Status Certified Copy of Status&Certified Copy FLOW.wraaouwi gem onnu 5/12/2016 11:02:55 AH ?ton: To: 8546116383( 3/4 ) APPLICATION BY FOREIGN LIMITED LIABILITY COMPANY FOR AUTHORIZATION TO TRANSACT BUSINESS . iN FLORIDA INCOMPLIANCE Kin 5F3 n's/lM04t7?,FLORID/SrA7UiES VIE FOLI,DIOM76SUdM177ID 7YJRELlb7FRrt FOREIGN LD11112!JABIiJTY COMPANY7OTRA164CPEERMS A77IE STit7EOFFLORID Caribbean MHC Owner LLC (Name oioreign Limited Liability Company;must include"Limited t,iability Company; "L.L.C.,"or"LLC.") (Interne unavailable,toner alternate canoe adopted for the prom of transacting business in Florida.The alternate tame man include"Limited (Aabllity Company,."LL,C,"or"tJ.C.') 2 Illinois 3. (]uriadiction u 3ertheTtvois r t ruga utn'tcdliability (FEE number,ifapplicaEtt) company is organized) 4. /bate first transacted bovines);in Florida,if priorto registration.) (Sec stactiona 605.090a&605.0905,F.S.to determine penalty liability) S 6547 N.Avondale Avenue,Ste.301,Chicago,IL 60631 • (Street Address of Principal Office) 6. 6547 N.Avondale Avenue,Ste. 301,Chicago, IL 60631 • (Mailing Address) 7. Name and street address allot-ids registered agent: (P.O.Box J4QT acceptable) -;;.>t Nemo: C T Corporation System 1200 South Pine Island Road Office Address: y' • - rn j; N f... Plantation 1°locida 33324 (Cyty) (Zip code) rn Registered agent's acceptance: 71 Having been named as registered agent and to accept service of process for the above stated limited irability d3lrl&trey st�fhe Age designated to this application,I hereby accept the appointment as registered agent and agree toad in this eclair", they agree to cam plywitb the provisions of all statutes relative to the proper and complete performance of my duties,*weans fa ar with am' accept the obligations.of my Fashion as registered agent. James M.Halpinr' C Cor>oration System By; Asst.Secretary (Registered ago eig,iaturc) 8. The name,title or capacity end address of the person(s)who has/have authority to manage is/ero: Caribbean MI-C Managing Member LLC-Manager 6547 N.Avondale Avenue, Ste.301,Chicago, IL 60631 9.Attached is n eertiflCaie of existence,rte more then 90 days old,duly authenticated by the official having custody of records in the jurisdiction under the law of which it is organized.(If doe certificate is in a foreign language,a translation of the certificate under oath of the translator must be submitted) 6 cv,r�ta.„- Slgriasvre bran authorized person This document is executed in accordance with section 605.0203(I)(b),Florida Statutes.I sin more that any false Information submitted in a document to the Department of Slate constitutes a third degree felonyas provided for in x.817.155,F.S. Valerie Banns,Authorized Person Typed or printed name of sigma ft etanr.enormitWOMB Moms oxM. . 5/12/2016 11:02:55 AM Fcom: To: 8506176383( 4/4 I File Number 0578267-8 D 4 i .,_„„;_,-7-- — —iia.. _ V 7 _ r <_ , moi`" :�j' ! ibei / Niiiii....•—• 1, K+' To all to whom these Presents Shall Come, Greeting: I, Jesse White, Secretary of State of the State of Illinois, do hereby certify that I am the keeper of the records of the Department of Business Services. I certify y that CARIBBEAN MHC OWNER LLC,HAVING ORGANIZED IN THE STATE OF ILLINOIS ON MAY 04,2016,APPEARS TO HAVE COMPLIED WITH ALL PROVISIONS OF THE LIMITED LIABILITY COMPANY ACT OF THIS STATE, AND AS OF THIS DATE IS IN GOOD STANDING AS A DOMESTIC LIMITED LIABILITY COMPANY IN THE STATE OF ILLINOIS. � ,gT/►T ,h,q In Testimony Whereof,r hereto set r o� ��tAi my hand and cause to be affixed the Great Seal of �e• ,fi 0 the State of Illinois, this 12TH 1co FW �i �� ' ' da o MAY A.D. 2016 Authentication M: 1613301308 verifiable until 0 12201 T k.30e04.0' iiiii.'"A.:&e, Authenticate at:http:/hewa-cyberdtiveiillnols.com SECRETARY OF STATE r OPERATING AGREEMENT OF CARIBBEAN MHC MANAGING MEMBER LLC This Operating Agreement (together with the schedules attached hereto, this "Agreement") of Caribbean MHC Managing Member LLC, (the "Company"), is entered into by Caribbean MHC LLC,an Illinois limited liability company,as the sole member(the"Member"). The Member, by execution of this Agreement, hereby forms the Company as a limited liability company pursuant to and in accordance with the Illinois Limited Liability Company Act, as amended from time to time(the "Act"), and this Agreement,and the Member hereby agrees as follows: Section 1. Name. • The name of the limited liability company formed hereby is Caribbean MHC Managing Member LLC. Section 2. Principal Business Office. The principal business office of the Company shall be selected by the Manager. Section 3. Registered Office. The Manager shall select the registered office of the Company in the State of Illinois. Section 4. Registered Agent. The Manager shall select the registered agent of the Company for service of process on the Company in the State of Illinois. Section 5. Members. (a) The Member was admitted to the Company as a member of the Company upon its execution of a counterpart signature page to this Agreement. (b) The Member may act by written consent. Section 6. Certificates. The Member shall execute, deliver and file any other certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in Illinois and in any other jurisdiction in which the Company may wish to conduct business. The existence of the Company as a separate legal entity shall continue until cancellation of the Articles as provided in the Act. 1 21671404.1 Section 7. Purpose. The purpose to be conducted or promoted by the Company is to act as the managing member of Caribbean MHC Owner LLC,an Illinois limited liability company,and to cause such entity to enter into a mortgage loan (the "Loan") pursuant to the documents evidencing such Loan(the"Loan Documents")and to endeavor to comply with its commitments pursuant to such Loan Documents, and to conduct any other activities which are beneficial, necessary or incidental thereto. Section 8. Management. The business and affairs of the Company shall be managed by or under the direction of a Manager. The initial Manager shall be Edward C. Zeman. If Edward C. Zeman ceases to serve as the Manager for any reason, the Member shall select another Manager. The Manager shall have the power to do any and all acts necessary, convenient or incidental to or for the furtherance of the purposes described herein, including all powers, statutory or otherwise. The Manager shall • cause the Company to comply with the single purpose entity requirements set forth on Schedule 1 attached hereto. Section 9. Limited Liability. Except as otherwise expressly provided by the Act, the debts, obligations and liabilities of the Company, whether arising in contract,tort or otherwise, shall be the debts,obligations and liabilities solely of the Company, and neither the Member nor any Manager chat! be obligated personally for any such debt, obligation or liability of the Company. Section 10. Capital Contributions. The Member has contributed capital to the Company, and shall not be required to make further contributions without its consent in its sole discretion. Section 11. Distributions. Distributions shall be made to the Member at the times and in the aggregate amounts determined by the Manager. Section 12. Books and Records. The Manager shall keep or cause to be kept complete and accurate books of account and (' records with respect to the Company's business. The Member and its duly authorized representatives shall have the right to examine the Company books, records and documents during normal business hours. The Company's books of account shall be kept using the method of accounting determined by the Member. Section 13. Other Business. Notwithstanding any duty otherwise existing at law or in equity, the Member and the Manager may engage in or possess an interest in other business ventures (unconnected with the �• 2 21671404.1 Company) of every kind and description, independently or with others, and the Company shall not have any rights in or to such independent ventures or the income or profits therefrom by virtue of this Agreement. Section 14. Exculpation and Indemnification. (a) To the fullest extent permitted by applicable law, neither the Member nor the Manager, (collectively, the "Covered Persons") shall be liable to the Company or any other Person who is bound by this Agreement for any loss, damage or claim incurred by reason of any act or omission performed or omitted by such Covered Person in good faith on behalf of the Company and in a manner reasonably believed to be within the scope of the authority conferred on such Covered Person by this Agreement,except that a Covered Person shall be liable for any such loss, damage or claim incurred by reason of such Covered Person's gross negligence or willful misconduct. (b) . To the fullest extent permitted by applicable law, a Covered Person shall be entitled to indemnification from the Company for any loss, damage or claim incurred by such Covered Person by reason of any act or omission performed or omitted by such Covered Person in good faith on behalf of the Company and in a manner reasonably believed to be within the scope of the authority conferred on such Covered Person by this Agreement, except that no Covered Person shall be entitled to be indemnified in respect of any loss, damage or claim incurred by such Covered Person by reason of such Covered Person's gross negligence or willful misconduct with respect to such acts or omissions. (c) To the fullest extent permitted by applicable law, expenses (including reasonable legal fees) incurred by a Covered Person defending any claim, demand, action, suit or proceeding shall,from time to time, be advanced by the Company prior to the final disposition of such claim, demand, action, suit or proceeding upon receipt by the Company of an undertaking by or on behalf of the Covered Person to repay such amount if it shall be determined that the Covered Person is not entitled to be indemnified as authorized in this Section 20. (d) A Covered Person shall be fully protected in relying in good faith upon the records of the Company and upon such information,opinions, reports or statements presented to the Company by any person as to matters the Covered Person reasonably believes are within such other person's professional or expert competence and who has been selected with reasonable care by or on behalf of the Company, including information, opinions, reports or statements as to the value and amount of the assets,liabilities, or any other facts pertinent to the existence and amount of assets from which distributions to the Member might properly-be paid. (e) The provisions of this Agreement, to the extent that they restrict or eliminate the duties and liabilities of a Covered Person to the Company or its members otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of such Covered Person. (f) The foregoing provisions of this Section 20 shall survive any termination of this Agreement. s-� 3 21671404.1 Section 15. Resignation. The Member may not resign or assign its interest if doing so would violate the Loan Documents. Section 16. Dissolution. (a) The Company shall be dissolved, and its affairs shall be wound up upon the first to occur of the following: (i)the termination of the legal existence of the last remaining member of the Company or the occurrence of any other event which terminates the continued membership of the last remaining member of the Company in the Company unless the Company is continued without dissolution in a manner permitted by this Agreement or the Act or(ii) the entry of a decree of judicial dissolution under the Act. Upon the occurrence of any event that causes the last remaining member of the Company to cease to be a member of the Company or that causes the Member to cease to be a member of the Company (other than upon continuation of the Company without dissolution upon (i) an assignment by the Member of all of its limited liability company interest in the Company and the admission of the transferee as a Member, or (ii)the resignation of the Member and the admission of an additional member of the Company as a Member), to the fullest extent permitted by law, the personal representative of such member is hereby authorized to, and shall, within 90 days after the occurrence of the event that terminated the continued membership of such member in the Company, agree in writing(i) to continue the Company and (ii)to the admission of the personal representative or its nominee or designee, as the case may be, as a substitute member of the Company, effective as of the occurrence of the event that terminated the continued membership of such member in the Company. (b) Notwithstanding any other provision of this Agreement, the bankruptcy of the Member shall not cause the Member to cease to be a member of the Company and upon the occurrence of such an event,the Company shall continue without dissolution. (c) In the event of dissolution, the Company shall conduct only such activities as are necessary to wind up its affairs (including the sale of the assets of the Company in an orderly manner), and the assets of the Company shall be applied in the manner, and in the order of priority, set forth in the Act. (d) The Company shall terminate when (i) all of the assets of the Company, after payment of or due provision for all debts, liabilities and obligations of the Company shall have been distributed to the Member in the manner provided for in this Agreement and(ii)the Articles shall have been canceled in the manner required by the Act. Section 17. Waiver of Partition;Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the Member hereby irrevocably waives any right or power that such person might have to institute any proceeding at law or in equity to cause the dissolution,liquidation,winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution hereof. The interest of the Member in the Company is personal property. .-. 4 21671404.1 Section 18. Benefits of Agreement:No Third-Party Rights. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Member. Nothing in this Agreement shall be deemed to create any right in any person (other than Covered Persons) not a Party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third person(other than Covered Persons). Section 19. Severability of Provisions. Each provision of this Agreement shall be considered severable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity,unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement which are valid,enforceable and legal. Section 20. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. Section 21. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Illinois (without regard to conflict of laws principles), all rights and remedies being governed by said laws. Section 22. Amendments. This Agreement may be modified, altered, supplemented or amended pursuant to a written agreement executed and delivered by the Member,but only if doing so would not violate the Loan Documents. Section 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original of this Agreement and all of which together shall constitute one and the same instrument. Section 24. -Effectiveness. Pursuant to the Act, this Agreement shall be effective as of the time of the filing of the Articles with the Office of the Illinois Secretary of State. Section 25. Tax Treatment of the Company. The Member intends for the Company to be treated as a disregarded entity and not as an association taxable as a corporation for federal income tax purposes, and the provisions of this Agreement will be interpreted in a manner consistent with this intention. No election will be 5 21671404.1 filed with the Internal Revenue Service to have the Company taxable as an association for federal income tax purposes. •• • • • 6 21671404.1 IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, have duly executed this Operating Agreement as of ,2016. MEMBER: Caribbean MHC LLC,an Illinois limited liability company By: E iward C. Zeman,Authorized Signatory MANAGER: • man S-1 21671404.1 SCHEDULE 1 Capitalized terms used in this schedule I shall have the meanings ascribed thereto in the Loan Documents. The Company shall comply with all of the following requirements which are applicable to it as a Managing Member of a Borrower within the meaning of the Loan Documents: (1) shall not acquire, hold, develop, lease, or improve any real property, personal property,or assets other than(A)the Mortgaged Property or(B)equity interests in a Person that owns the Mortgaged Property; (2) shall not acquire, own, operate, or participate in any business other than the leasing, ownership, management, operation, and maintenance of the Mortgaged Property; (3) shall not commingle its assets or funds with those of any other Person, unless such assets or funds can easily be segregated and identified in the ordinary course of business from those of any other Person; (4) shall maintain its financial statements, accounting records, and other partnership, real estate investment trust, limited liability company, or corporate documents, as the case may be, separate from those of any other Person (unless Borrower's assets are included in a consolidated financial statement prepared in accordance with generally accepted accounting principles); (5) shall have no material financial obligation under any indenture, mortgage, deed of trust, deed to secure debt, loan agreement, or other agreement or instrument to which Borrower is a party or by which Borrower is otherwise bound, or to which the Mortgaged Property is subject or by which it is otherwise encumbered,other than: (A) unsecured trade payables incurred in the ordinary course of the operation of the Mortgaged Property (exclusive of amounts (i) to be paid out of the Replacement Reserve Account or Repairs Escrow Account, or (ii) for rehabilitation, restoration, repairs, or replacements of the Mortgaged Property or otherwise approved by Lender) so long as such trade payables (1) are not evidenced by a promissory note, (2)are payable within sixty(60)days of the date incurred, and (3) as of any date, do not exceed the lesser of(x) two percent(2%) of the Allocable Facility Amount for such Mortgaged Property and (y) in the aggregate, when added to unsecured trade -payables for all other Mortgaged Properties in the Collateral Pool, four percent(4%)of the principal balance of the Advances Outstanding; (B) if the Security Instrument grants a lien on a leasehold estate, Borrower's obligations as lessee under the ground lease creating such leasehold estate;and 21671404.1 (C) obligations under the Loan Documents and obligations secured by the Mortgaged Property to the extent permitted by the Loan Documents; (6) shall not assume, guaranty, or become obligated for the liabilities or obligations of any other Person, or pledge its assets for the benefit of any other Person (except in connection with this Master Agreement or other mortgage loans that have been paid in full or collaterally assigned to Lender, including in connection with any Consolidation,Extension and Modification Agreement(for Mortgaged Properties in New York) or similar instrument) or hold out its credit as being available to satisfy the obligations of any other Person; (7) shall not make loans or advances to any other Person; (8) shall not enter into or become a party to, any transaction with any Borrower Affiliate, except in the ordinary course of business and on terms which are no more favorable to such Borrower Affiliate than would be obtained in a comparable arm's-length transaction with an unrelated third party; (9) shall not acquire obligations or securities of any other Person; (10) shall pay (or shall cause Property Manager on behalf of Borrower from Borrower's own funds to pay) its own liabilities, including the salaries of its own employees, if any, from its own funds and maintain a sufficient number of employees in light of its contemplated business operations; (11) shall not fail to hold itself out to the public as a legal entity separate and distinct from any other Person or to conduct its business solely in its own name or fail to correct any known misunderstanding regarding its separate identity; (12) shall allocate fairly and reasonably any overhead for shared expenses; (13) shall maintain its existence as an entity duly organized, validly existing, and in good standing (if applicable)under the laws of the jurisdiction of its formation or organization and shall do all things necessary to observe organizational formalities; (14) shall not, other than managing member's, sole member's, or general partner's(as applicable)ownership interest in Borrower, own any subsidiary or make any investment in,any Person without the prior written consent of Lender;and (15) without the prior written consent of Lender or unless otherwise required or permitted by a Cap Security Agreement, shall not enter into or guarantee, provide security for,or otherwise undertake any form of contingent obligation with respect to any Hedging Arrangement. 21671404.1 Site Plan I I dr"NC air 4044, `y c 00 ol 13 33 x 1 fm . A s o p> N 11V2:11 I VIVIINVI *n 0 ,S f nz D I : VNi. Ui ,8 A .may 2 z0 Z 3 ui m ..-:. m !. O � p- V [" ,, 91 f,11 N I -- I 0 I 4111 QI o2 I I r ., N z `` m vKvs S� /fit >2>2 `?o r " o A' A' vi m 5 0 0 0 0 r7+mo - - z z4. O- C Z I ,ti H—1 .e x IC rn `_t - 1 , _ �D L* m No 15.4 p o w 15' I III11I1111I N 1 Z g' 1 _ — IIS dllil III m m 6 40 A8100 9d1, 40 AE1100 a 1r10 AB100 9Jt,z/ I. n J O m �= IN 10 1.8-100 _—�I--- ' I I10 A910021 " CN TEREEFFEI t'10 AB £Z 100 I N ss 00 .ss 101 ss' I eY I I 1 \_L_----JJ L_ J_ I 1 A I Iill IN }g- I L_J CO 7) 0 o 1" 2 N 0 m Z. - mg_ p ,, D 0 r?,-0 Z o O A alO n o m K'A> REVISIONS DESCRIPTION z m U-- s o o m => C�� CARIBBEAN MHC w:%. Z m au 5. o.:�: COLLIER COUNTY, FLORIDA CARIBBEAN MHC LLC mepo m LI9Mme— ' °Y, a r,m M-- Nn z ci I I dr"NC air 4044, `y c 00 ol 13 33 x 1 fm . A s o p> N 11V2:11 I VIVIINVI *n 0 ,S f nz D I : VNi. Ui ,8 A .may 2 z0 Z 3 ui m ..-:. m !. O � p- V [" ,, 91 f,11 N I -- I 0 I 4111 QI o2 I I r ., N z `` m vKvs S� /fit >2>2 `?o r " o A' A' vi m 5 0 0 0 0 r7+mo - - z z4. O- C Z I ,ti H—1 .e x IC rn `_t - 1 , _ �D L* m No 15.4 p o w 15' I III11I1111I N 1 Z g' 1 _ — IIS dllil III m m 6 40 A8100 9d1, 40 AE1100 a 1r10 AB100 9Jt,z/ I. n J O m �= IN 10 1.8-100 _—�I--- ' I I10 A910021 " CN TEREEFFEI t'10 AB £Z 100 I N ss 00 .ss 101 ss' I eY I I 1 \_L_----JJ L_ J_ I 1 A I Iill IN }g- I L_J CO 7) 0 o 1" 2 N 0 m Z. - mg_ p ,, D 0 r?,-0 Z o O A alO n o m K'A> REVISIONS DESCRIPTION z m U-- s o o m => C�� CARIBBEAN MHC w:%. Z m au 5. o.:�: COLLIER COUNTY, FLORIDA CARIBBEAN MHC LLC mepo m LI9Mme— ' °Y, a r,m M-- Nn z ci Proof of Ownership Warranty Deed Legal Description INSTR 5278181 oR 5283 PG 3510 RECORDED 6/15/2016 11:43 AM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 5189,000.00 RSC S52.50 CONS $27,000,000.00 This Instrument Prepared By: SCOTT E.GORDON,Esquire Lutz,Bobo,Telfair,Eastman Dunham, Gabel,Gordon&Lee Two North Tamiami Trail,Suite 500 Sarasota,FL 34236 . Consideration: $27,000,000.00 After Recording Return To: KEITH ROSS,Esq. NCS: Levenfeld Pear!stein,LLC First American Title Ins.Co. 2 N.LaSalle,Ste. 1300 30 N LaSalle Street,suite 2700 Chicago,IL 60602 Chicago,IL 60602 KS:7,06 tvo SPE ;, ARRA ` . ►EED This Special Warrant, D. d • -.• . .+' ' AMIL C, a Florida limited liability company,("Grantor")to CA'IB -4-01 •!, -. , y ois limited liability company, whose post office address ,s 6' y . • d.I -11 u /1, Chicago, Illinois 60631 ("Grantee"). i. 1 C) WITNESSETH: that •1�„ rantor,for and in fi. e . • , .f the sum of Ten and No/100 Dollars($10.00) and for otherR`."• and valuable con ,. '• o said Grantor in hand paid by said Grantee„ the receipt where 4, eby acknowled:-Lis s hereby grant, bargain, sell and convey to Grantee and Grantee's h • • _•_ y • - , . e following described real property in Collier County,Florida: See Exhibit"A"attached hereto. The Property Appraiser's Parcel Identification Number of the above described real property is 00153360008. Subject to restrictions, reservations and easements of record as set forth on Exhibit B, attached hereto. Subject to real property taxes and special assessments, if any, for the year 2016 and thereafter. Together with all the tenements, hereditaments and appurtenances thereto belong or in anywise appertaining. To Have and to Hold,the same in fee simple forever. l (c; OR 5283 PG 3511 And Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey the land; that Grantor hereby fully warrants the title to said land and will defend the title against the lawful claims of all persons claiing by,through or under Grantor. Dated this xm aY of June,2016. --signatures on following page-- C�0-1�R CODA) G 0 p , f_, (--) (:-.0r 0 2 OR 5283 PG 3512 WITNESSES: RPF FAMILY LLC, a Florid. mird Iiabil' y Orr' B : Print Name: I�1� rSI�XI� RONALD P.FREEMAN,SR. nager .i, MJ 111 Y' ,/'1 Print Name: I217.17110Q .A. PATRICIA M.FREE AN,Manager • • STATE OF COUNTY OF f._' u� The foregoing instrum t • acknowledged befo�me his\t7 day of Qr, 2016, by RONALD P. FREEMAN, S'., •: ' ' AMI L C, a Florida limited liability company,on behalf of the c•s p y. 41) tiv (-) !?WV" .id�, A. ' b.'.n Expires: 1111 Personally Known (OR)Pro. t :• tificatio. ' 1. ; "OFFICIAL SEAL" $ Type of identification produced C ;4- 1 Qt ,t..44 ' x DEBRA A.STROCIEK f y Notary Public.State of lands s My Commissbn Expires 09/18117 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this r day ofcf2016, by PATRICIA M. FREEMAN, as Manager of RPF FAMILY LLC, a Florida limited liability company,on behalf of the company. ck RcIAt;k) Notary Publ..is Print Name: !Al.( lt(a My Commission Expires: ' 1817 Personally Known (OR)Produced Identification Type of identification produced a da_Vn t- ) ' "O SEAL" DEBRA A STROCIEK y Notary Public,State of Illinois } My Commission Expires 1)9118117 3 oR 5283 PG 3513 EXHIBIT"A" LEGAL DESCRIPTION The land referred to herein below is situated in the County of Collier,State of Florida,and is described as follows: PARCEL 1: THAT PORTION OF THE SOUTH 881.80 FEET OF THE NW 1/4 OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF FLORIDA STATE ROAD 45(U.S.41),LESS THE FOLLOWING DESCRIBED PARCELS: COMMENCE AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 15,AND RUN S 89°33'40" E ALONG THE SOUTH LINE OF SAID NW 1/4 34.80 FEET,MORE OR LESS,TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 45 TO THE POINT OFBEGINNING;THENCE RUN NORTHEASTERLY ALONG SAID RIGHT-• LINE ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 5679 • ` 3i . - A CENTRAL ANGLE OF 5°51'09"FOR AN ARC DISTANCE OF 580.15 F ' • '40"E 230.00 FEET;THENCE RUN S 0°26'20" \V 338.03 FEET;T �1 N 89°33'33" \Vy !./. ET;THENCE RUN S 0°26'20" W 335.69 FEET TO THE SOUTH IN' • - SAID NW 1/4; E CE RUN N 89°33'40"\V ALONG SAID SOUTH LINE 195.00 F ET 0 '0 ` • r GINN G. SUBJECT TO EASEMENT 'OR r •/ P ' yA E' Y 30 FEET.1-4 AND n � PARCEL II: 752. TOGETHER WITH ANY LAN► ED MAY H ' 1 QUIRED BY VIRTUE OF THAT CERTAIN VACATION OF A POR • �� *, ► �►' � WEEN WIGGINS PASS ROAD AND COUNTY ROAD 887,SOUTH OF BON »" .•r`V'• ' ET FORTH IN RESOLUTION NO.85-150 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,RECORDED IN O.R. BOOK 1148, PAGE 960 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE \VEST 1/4 CORNER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THENCE ALONG THE WEST LINE OF SECTION 15, N 0°58'53"\V 709.46 FEET,THENCE LEAVING SAID\VEST LINE OF SECTION 15,N 89°01'07"E 6.88 FEET TO A POINT LYING ON THE EASTERLY RIGHT-OF-\VAY LINE OF NEW SR 45(SECTION 03010-2519)AND THE WESTERLY RIGHT-OF-WAY LINE OF OLD SR 45 (SECTION 03010-250) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED, THENCE N 88°07'51" E 77.45 FEET TO A POINT OF CURVATURE OF A NON-TANGENTIAL CURVE TO THE RIGHT,THENCE ALONG THE ARC OF SAID CURVE 179.10 FEET AND HAVING A RADIUS OF 5954.06 FEET, AND BEING SUBTENDED BY A CHORD OF 179.09 FEET AND A CHORD BEARING OF N 13°42'40" E, THENCE S 88°07'06" \V 77.69 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF OLD SR 45(SECTION 03010-250)AND SAID POINT LYING ON A NON-TANGENTIAL CURVE TO THE LEFT,THENCE ALONG THE ARC OF SAID CURVE 322.25 FEET,AND HAVING A RADIUS OF 5679.06 FEET AND BEING SUBTENDED BY A CHORD OF 322.21 FEET AND A CHORD BEARING OF S 13°02'34"W,THENCE N 88°07'50"W 116.35 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NEW SR 45 (SECTION 03010-2519) SAID POINT BEING ON A NON-TANGENTIAL CURVE TO THE LEFT, THENCE ALONG THE �^ OR 5283 PG 3514 ARC OF SAID CURVE 138.89 FEET, HAVING A RADIUS OF 3919.72 FEET AND BEING SUBTENDED BY A CHORD OF 138.88 FEET AND A CHORD BEARING OF N 3°30'27" W TO THE POINT OF BEGINNING. SUBJECT TO A UTILITY EASEMENT LOCATED ON THE EASTERLY 20 FEET, AND ALSO SUBJECT TO AN EXCLUSIVE EASEMENT TO COLLIER COUNTY UTILITIES DIVISION LOCATED ON THE WESTERLY 15 FEET OF THE EASTERLY 35 FEET OF THE ABOVE DESCRIBED PARCEL AND AN ACCESS EASEMENT OVER THE ENTIRE ABOVE DESCRIBED PARCEL INCLUDED IN THE AFORESAID RESOLUTION. o\y-*. co ECOPY . *** OR 5283 PG 3515 *** • Exhibit B 1. Resolution No. 84-215 of the Board of County Commissioners of Collier County, Florida recorded in Official Records Book 1109,Page 1074, and re-recorded in Official Records Book 1110, Page 1790, as affected by that certain Board of County Commissioners of Collier County,Florida Resolution No: 85-150,recorded in Official Records Book 1148, Page 960;as corrected and recorded in Official Records Book 1150,Page 1355. 2. Bill of Sale, Absolute, in favor of Collier County, Florida, recorded in Official Records Book 1313,Page 66,together with that certain Sewer Line Deed in favor of Collier County, Florida,recorded in Official Records Book 1313, Page 70. 3. Utility Easement in favor of the Board of County Commissioners of Collier County, Florida,as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer 0' ': -, 'ed in Official Records Book 1693, Page 1013. 00)- QtjA 4. Easement granted to F •ri.. 'ower&Light Comp •re orded in Official Records Book 1966,Page 1587. _ n 0 II rrA icU O1,T jE C.1.W- LI' 105565432 140783.103698 5 Narrative Statement Ii NARRATIVE STATEMENT The applicant is requesting a Non-Conforming Use Alteration (NUA)petition to allow eight mobile homes in the C-4(General Commercial) zoning district. Six homes are existing and two are proposed. The two proposed homes will be placed on two existing homesites within the Caribbean Park community. The subject site is a 51.7-acre parcel,consisting of 359 unit manufactured home sites,located on the northeast corner of Tamiami Trail and Wiggins Pass Road in North Naples. The 51.7 acre park is currently zoned MH (Mobile Home) except for a small area fronting Colby Court which is zoned C-4 and which is where the proposed mobile homes will be located. Mobile homes are not among the permitted uses listed within the C-4 zoning district, thus the Non-Conforming Use Alteration process has been identified as the applicable process to allow the intended use of these homesites to continue with replacement homes. This area was previously zoned GRC(General Retail Commercial)which was converted to the C-4 zoning district in 1982 as indicated on the attached 1982 Zoning Map provided by Collier County. It should be .noted, however, that this area has always been considered part of Caribbean Park, and mobile homes have been approved on both homesites in the past. This is indicated on the attachment labeled "Aerials depicting Subject Site 1975-2016" from the Collier County Property Appraiser that show two mobile homes occupying the subject property dating back to 1975. The Non-Conforming Use Alteration process has been identified as the applicable process to allow the intended use of these homesites to continue. The request meets all of the following criteria established for a Nonconforming Use Alteration pursuant to Section 9.03.03.8 of the Collier County Land Development Code,as outlined in the Petition form: 1. The alteration,expansion,or replacement will not increase the density of the parcel or lot on which the nonconforming single family dwelling,duplex or mobile home is located; The two proposed mobile homes are replacing two mobile homes which had been previously permitted on two existing homesites and therefore there will be no increase in density on the subject property. The MH zoned portion of Caribbean Park is located within the Urban Residential Subdistrict and the C-4 zoned portion of the property is located within Mixed Use Activity Center Subdistrict#20 as identified on the Collier County Future Land Use Map. The Urban Residential Subdistrict and Mixed Use Activity Center Subdistrict land use categories both allow residential densities through the density rating system to be calculated up to 16 dwelling units per acre,and the MH zoning district allows a maximum density of 7.26 dwelling units per gross acre. The existing density for Caribbean Park is 6.94 dwelling units per acre,which conforms with all of these requirements, and will not be changed because no new dwelling units, only replacements, are proposed in this request. 2. The alteration,expansion,or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; The MH zoning district, which is the district most closely associated with the subject nonconforming use, allows a maximum building height of 30 feet. Both replacement homes will be limited to one story which will not exceed this 30 foot height limitation. 3. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; The replacement homes will not further encroach upon any nonconforming setback. The minimum required setbacks for the GRC zoning district that were in effect at time of the original placement of the homes were adopted under Ordinance 74-42 (see attached). The GRC setbacks were as follows: Front Yard- 15 feet Side Yard- None or a minimum of 5 feet with unobstructed passage from front to rear yard. Rear Yard- 25 feet The front setback for the replacement homes will be 15 feet from the pavement edge and the rear setback will be over 2,000'feet from the eastern boundary of Caribbean Park. A minimum building separation of 10 feet between structures will meet the intent of the side yard setbacks and will also satisfy the building separation requirements for fire code. It should also be noted that the proposed setbacks conform to the those established for MH zoned portion of Caribbean Park when it was originally developed under the MHRP(Mobile Home Rental Park)zoning district guidelines,which were also in effect under Ordinance 74-42 (see attached). The MHRP setbacks were as follows: Front Yard- 10 feet Side Yard- O feet or 5 feet Rear Yard- 8 feet Exterior Park Boundary or Buffer Area—10 feet Public Street—25 feet Building or Structure—10 feet 4. The alteration, expansion, or replacement will not will not [sic] decrease or further decrease the existing parking areas for the structure; The replacement homes will not decrease any existing parking areas required for the structures. Consistent with the provision of parking throughout the community on driveways serving the homes,two parking spaces per each unit will be provided in accordance with Section 4.05.04.G of the Collier County Land Development Code. 5. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; The two homesites will be redeveloped in a manner consistent with the development pattern established for Caribbean Park,and the newer replacement homes should be an improvement to the quality of the existing neighborhood. At present, all surrounding homesites have been previously developed and therefore the proposed request will not hinder any future development of the surrounding neighborhood. 6. The alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. The replacement homes will be constructed in accordance with current building codes and therefore will not present a threat to the health, safety, or welfare of the community or its residents. 1982 Zoning Map ..._ „,t,..4,..:„?;-:-.,. — I —_____.--'"----------------'-------...----......—___________________------------'---,—_---. VI fo,0 1 45 R114-1 k I Re-4 \ UNRP I ' /• A4 . it 14P5. t 441.. 49 A 61•1 , 1 :a /44sr r ,,.--t:41. .44W r--lenrit •E-3 ' --9-- ' tlk-,-- k 1• 1 : — ! /r.)- , '.... R{4-19 .*...... 1 ... ,1 Oq'14 7-772 VC I 4, ,,,,,,_. „,,....., . ST i7111/r' RM.! -.. ir RO ST \ t 1 .: -:.-. 17,11 , L' -i- '• ' - r , \ \ \. 45,.....":11„ , —A-1---- **T. i i . :*? ,.....— It i RS•331 ' d ; 1 1 , , ite,, /1. Sr , , ,' *-..".."......".."^-'" ^.-- -........--...,.......... _....- r fl-asr‘ . ,. a e *--,1-g- -4-F--• . ,,`' ,. rt, :, .(\ , ::,..• ' , .,, , . .,. it:i...\ -- i • "-- ”- ' - - I \ , - - /A#,- • .. 11' 1, , E 4 RB-I v 4.04.'. 1 ; '4/. I 1 , I et_ I \., ....... [ ... 1 , f;iff 3.9410.4 ON.,ET fit V"WO . ..., . .. •.....ro.• ..... r. r . . ' S (F.t.r.r.1 i,4.;i TOWSNESCHTIPI04148s$1,576N,272225E t\1 COLLIER COUNTY ...., vi 1.`rg.:-:..... f i f! BOOK 25 •.::i•q- tit t I L COLLIER COUNTY 94.MORRO U.PT,, ': i.1 1 .10.11 101 ItCOIWOrr•Vere, ,"'A 4 'SCALE; r.43)V , NO.48-254 i „ Current Zoning Map 07 O N 30x0 co g m . u- SN p M .0F) (D 3 85/64 O il 3 0 c o a N a m 041 1 t."� b tt Y <)10,'V"'- )'1�_�__, of,.3.0°"�8 5.T C) I. Q} $q P D '� < �"' �' A • A : rmR Ce _�_J 'I Oar-.iY■� � 'N, (C.q. 1L ---, / Vd�j par,-num]mil ,.., /7,1r. L,..,_ my g .®.■ �T g3 oosoo6�e iiii -<> J4LI 44Lit 1E S5/.t ii_E. . • MOS AT* fi i �11 us p $ d"4 fliTI el1111I • t''' i -n R-sl-.rt .A-1� �.._L .- LillE . .. E IP Ir CO NE 1-1Fd=,;_,.....„, '-� Willi olA Y iso . �� so..• :a„� I �`C iiillIl 0b69✓0R G o3 KfiYaon x�' 4113311131 i1 ' 1 1i1111N1ith 1 U 4 2-91 it Pit_. .I-.1 - i 2,1 --..... ± r_i, . F., OAS1_ _±_ - ASOARQCQSTLI RAKROAU -- --- ---t-- € a — y a R — --SOTS _ Ae vAx rli i ,i v —. .,;1c o AlI. o8 f-,1 0 c my _, , J N a r �mo0 l�_ � Z A y 1 9 85104 TOOT 9 0 0 yC i ° li zm= w Ill 2i _ N 4 N 1I` 1 IWVIWV1 • 3 = N go Y i o E; 8 m o z o • a v — t qA C� N.1 li I r RI # Z ' w C LI` io v m —7 z — 1-lk co co 7, v� Zo I1 c.:7! A3 fm) -<--, Iu) —. L.1 a Io110m0)g OZN u� ,s y 9 � / ll1l11ll11 WI III m a l 113 A8100 7I1 r.10 A0100 at Ilio Agpo gyl 4, �._ . ttt 1101 A8100 cIL � � I __ I 1.10 Aa1 ' c� pia AB'IOO 0I 15A85-19°O 1.4• I A ,.°1 Igo simi ss lot I gL 1, I I I I IN l0 1 L—J m � . ..E m WI Z CD T o o K s r,-, I K $ -�_, z r0 r - g O i 13 m R=o,, REVISIONS m z m = =m :�� CARIBBEAN MHC'2, IIIMMINNINM' 11. .egm» �� CARIBBEAN MHC LLC ` a m -I' e, 6 g 11111111111111M111111111==n �� COLLIER COUNTY, FLORIDA m,soo A >s§a Ordinance 74-42 Section 29 MHRP — Mobile Home Rental Park . . . . • . Section 21. 1:thil,•:ftenrf).KAO1it: 1:1:1•11.7..r, l'Altlt. . 3 . Iristl.ii.-1 Porione. The provir.iowi of thin district: . .. . I . are intendt:d 10 i,ply to managed mobile how rental pnrks, in which los moy not bo sold to ihdviclualn and eh-s3te managell.ch!' is provided. _ - • Pe):rdtp..d Oses. andp.ructnr.es. No bnilding or strnetnrt:, ox parI tilerC:of, f:ITitJT h,.: erected, altered or used, or land or vator usod, in whole or in port, for other Mu) the iollow: A Permitted. Princioal Ilse^, Pn0 Strnctures - ( 1) ht,hile P. Per.mitted_beei,s!.orx_11:.cs and SI:Fp...tures.- Accessory ur.,..!, end structures eustorliatily vssociate0 with . mobilo hOn.C. pnaR, inOlatiliq rialtiM, recreation facilitin, . . ;, 1i 1 : ) L( building::, and utili ties. C. Pr:ovaionalU:Ac.: ond S1004..1.1117 - TI:e loIlota- I nc: t;-se:: II::!N, 152 cy7;-)41EF:i2(!(i Tfiii.771iTC:17-1.,7.111 o picvi.:.;iom; of Section 14 of this Ordinence (1) harinas, country clubs, yacht clubs. • (2) Civic or cultural facilities. (3) ('hurcho . (4) Upon completion ant occupancy of fifty (1*,(1) PYreent or more ui'. UR: 0c:signed 3ot capacity of --;- Lilt-! mt,!.pilu hoThe r:.,nt.:.:1 park, conveaioncn patablishments of a commerriel nature, including stores, laundry and dry , - cleaning agencies, beauty shops and barber shops, may be permitted in mobilo home rental parks subject to the following restrietitwa: Shell establishments nhd the parking arca primarily related to their op.sration shall not occupy move . than ton (10) percent of the area of the park; shall bo snbordin,Ito to the residential use and character of the Parh; shall be located, designed, an1 intonded to serve the exclusive trade of the service needs of' persoas residing in the pr.,.a.; kind Nhcill present no visible evidence of their commercial character from nny portion of may public street. or way outside thv pnrk. 0.0 Mobile hom9 Sales, providing following restrictions be met: (a) Such uses shall not occupy more than ton (10) percent of the area of the par); or two (2) acres, • whichever be smaller. (b) The outside display area shall be treated with a hard surface of either concrete or plant mixed bituminous material except desirable lJndscaped areas which shall be separnted from all paved areas. (c) A visual buffer shall be provided around the arca of outside display adjacent to residential 139 l_...- - .... ------ • -- _._.---.--_. FetICORDER'S MEMOi legibility t writing. Typing :et',Printing ,seeatithetery.bt ttit:ieetiitient L . . • i .. . .0, 2, piw 409 ......... ___ `1 D o 14 2 Q4t y o4 q w`•,r 1; ti • • • 1,e' 1"'^'i 7': 1 f,t,•` I,:,,'): c1,•v ']r,INnrtlt or Veen: 1. ]rtt,tl, (I.) Trav,'J '1'e'::i .ir•r::, l,J.c i:' art c rr,,elu•^, and )11W4,1 1 'r., :: :.1'i' ;rt:f. 1'.0 t.11t: rpm? (;a) "Ploy L•c:dttirr:U:r:ntt; n1 the '1'9'1:V cii::t:r,icl'. ::ha'I 1 1.'^ i tt i I :i c►1t t•rt t.l:c rc'rtl.i rine•:ni.?' of the iillr;1' Dist' .i,:l: ,.utln',. °.irn,:.. (1.,) 'P't'i:•J ].ot::. ::I,a]3 ,t;,l-. 1,:: i.nter::i,r.'r;tc'd with ,.tr::,i it i,u:.: lot.:: v:i Ikilt tte' 1111:23' hut. :.11::1.] i,c: JU►c;::t.t:d t•:i.Lhit' :, .'.r,l,nrn! ,: part c+f. the 1.7111:1 which ;1)..a in r:Itci. f.i,:;►:1 7•e' d:.r:i.,lr:,'t c d on t.)r.. plans as icing reserved c,cc]nsi.vet,y for, 'i i i V j. 110:111.1 tv:N'.i:tt:.'l Layout plans for i1 meo.i 3 e hrn:+ ., l+1.:x.1.jinn1: .iin.l t lir ±:nirni t.toc', Lo the 1J..rector ;::u1 eons ::hall he in tccc:ordsnee ?JJ.t.i1 approved 1:1.nr,:; .;nri ;I.,;tci . ieat ic,nr . �i. lii.,tia':;., t._1tr• rirrtn1: cn • • 1t. 67'i :li;rltt;i .7ni zo tile' Skt: or space 6,000 Ft1Uc:1:c foc,t:. I)in,imum ].ot; width •- '15 ie(L as rt:-:afturcl at. LLc: J):ont yard setback Line. !,. 113u.3n:^t flet:l,artu from 1,c►t. 1tau:cr):'rSes. i, i'fit of: 1 turd, Yori1 - Feu(SM) f.c.et r:ctbnr•.k. 1i. 1.,.•l,th c,% fi3cir,: Yard five (:i) feet sel)+::r:I • C. Depth of 1:eacr Yard •- eight (it) feet :.et.t,nt:i:. li. 12J OM boura:o,:; of par. ''r from nity recltti.rtld hu( arca - ten (10) feet not: it:. 1:. Prom public streets - twenty five (%',) iect F. From building or structure:: - ten (10) feet setback. 6. 14.inimum Pnrk 1•:vcry mobile home rants] park f,i:ni]. i,rnv n uii,,:iuuuu vi Lwvi,Ly (2i0 ctoAvr, of land. 7. Jtcctui,rc'c) Recreetio t Arron. '1•hc: following amount of land or c,., er ::I�li11 fie ::ct aside and developed for recrea- tional purposes within the tabi]e home rental par): site; A. ;1 y:e hundred (300) square feet. for each lot for 1I.' first: one'.; hundrrd (100) lots. )1. Two hundred (200) square feet for each lot in excev, of one hundred (100) lots. C. One half (i) of the water surface within the pork nay he credited t:owarii thc rcquircd recreation area, except: that at. .least: fifty (50) percent of the rac]uirecl recreation nr.'a r.:hall be land area. G. teayi.5-11(.1 fuffern. Viuual ncreenn are required in !� 140 • c 1 II RiCORDER'g MEHOI•Lii1>lltty • i at trritiin. Typing,et::Frieda, t. u»rrtde actory it►' th1. donitnent Wits reeeltnsd::> 11 the ort ;':: A. Porting Arisi adjneent Ic L hi.. CItUYNICC and oxit- way areal., on II1.i be required under Section 311 of this Ordinance. U. nubile ho, ng on it highway ;hall pro.-.!;de and a clear nrcn not less than 1 : 1y reot in wid!.h olcnunido and pNrollel to the highway in iiicilitatc !gain and rapid old.. once and nXiV. IrOmIIi . bifibwaY by arriving ond departing ‘,01; r1..:!;. There shall LIO additional 1:Julfwapo0 maw, of five feet inside th..t entire length of the clear aren. C. Mobile how.a rental parhn abutting highways or lands zoned other them for such parks shall he offec- tiwly sr '' ' d from such highwayn or loqd )'y a bnfter trip at lert rive (5) feet wi.do, in which ornamental scrof:uinq coned of structural or Want material shall he placed. Mich nerilen shall 1) : Attractively mai.ntnined E . , 1%,•1117H-..r1 tin3. Par; Street System. All lots within a mchile boxpork shall hove dIrect. ACCUS1; from an inteimil street. All internal streets within the mohile hcm.: park shall provl.de safe and convenient accon6 to a poblic street. The right-ni-way widths, pnving vi(:1 ; and ether construction standards, including gr..n7Jont. andi I ;9nmcni. of All inLernal ALI:eels and drainmo... !lhall be reviewed And approved by the County Rngineer. le. mi.lirAn..1 Off-rec.reet Parking. t shall be provided, located within tho boundaries of the mobilo • home rental park. U. Al]. commercial use:: and other. uses accessorV • to the part: shall comply with the provisions of Section 38 • of this Ordinance. 11.• Cotrpliance. 711 IMP erected after the effective • date of tills oWinance shnll comply with all. reguiremehts of this ordinvnee. no minp that exists on the effective • doLe ot Ihi i ordinance shall be altered so nn to provide • a lesser degree of conformity with tho proviniong of this section tinnl existedon the effective date of thin or- dinance. Land already zoned IMP which docs not meet the acreage reou,;rew..mt may ho developed; however, the devel- .. 001mIt shall conform with all other regulations of this Ordinanve. • • 141 • IlkORDER'S MEMOt.Legibility —I • writing,Typleg or.Prietine uneatiersctory M thk &cement Ii irtais tecolvecW,.!..'•• BOOK Z , 4O8 • Ordinance 74-42 Section 34 MHRP — Mobile Home Rental Park . • • • .. ..• "sooR a P41A Liba A _ • t.; ott 100. . • :pi. raw ImPA)r. • • 1.. D.;:;; Prir];(1'..... Tit( (',I (2T ,; 1_ pyovidc lor 1 nfon 1.r.r . vov;..;}, cf. co!.;:.twet,41 f:orvici,!! ond :;a1en thnil in mitttd in thy Cr Convitni.ono er:omt!rolnl lantYirt. • Tho Cynyt.::1 Comwr.rci.ol Dinixict, _ intendod to servo n inreler trate area or the coll:Tunity thal thn CC binirict and it donigned to acc.uo;:oto mot-orIng pnblic as well an the local redorian Conrnm-.!rn. Tho C1X Concral Ret.'.-.11 Comm7xcial Dintri.ct wi31 be u: ') ;.n the imp*!.citental'ion CorT.Irchonf:Ivt: Plan iv itn : u-t and location in noc.ordanee • witb the poliein and (JE tin Ccelprehennivo Plnn 2. rt,.).;,.; ;• ‘ 1:rn tIrr'm iJr1hi ;1 a el or •Crr saali bo ernctoti, alterve, or 1,:•.)0i! or wi,tcy wir,a, in Oholn or in oort, for other than the. .t.ollowine: : . h. rurrNitted Princinal tic -: ruin . . • - - W) . Show:. (2) Appliance Stores. (3) Art tAir . (4) Art Sapn3y Shopn. (5) Automobile Port:: Storns. (C) Automobile Service Stationn without rep:.!Jrn. (7) Awning Shops. (0) Bakery Shepa. (9) Banks and rinoncial Institutionn. (10) Barber and Beauty Shops. (1]) Path Supply Storos. (3 2) Bicycle Sales and Services. (13) Blueprint Shops. (1 4) Bookbinders. (15) Book Stores. (16) Business Machine Service. (17) Carpet Sales - Not including storage or infAalintion. (3a) Churches nnd other pinces of WOrnhip. (19) Clothing Stores. (20) Cocktail Lounges. t2J) Commercial Recreation Uses - Indoor. (22) CrEt4oercial Schools. (23) Coofcctionory h Candy Storen. (24) DelicoLessens. 152 1, 11 RECORDER'S MEMO. ti ty masa writhatizactor7Typinintuis eti 40enizsP-fihr.siliti is. I ivika toad ( :5) I . ciri tv.111. (7(,) trj. ( .7) bry C.14:onin9 (intory Canith; ntorr.•::. (29) 1:11..el r i Sum)y :;103ttr.. C ( ) ViOri:iL nilOPSo 1.).•7 I.e.r jina SO' (] Subject to Soction ( ' ) nrimns. (3::) Inn :: r.t.or(: : 04) P11.-6(!): 05) ca:-(len (MO ()rifler:N. (37) (Li Et. Shopr.. (1...nf; arc'? - Not includinq (32) Con) L- Th1c'h (4(') )iiirdwarr. (4) ) hAl ricopInI (4:0 1:1. rd orr' : (.1 :) 1;obliy Storc:t. (44) uw.pital:... (65) (4(e) :Icr! Cream St cry:et:. (47) Interior nceoratinsi Showroomr. and Office. • (411) acwo3ry Stmen. (49) ncncnrch LnJ (50) Laundrien, Self. Sci.vict, °fay. • (ci ) 1.0:1t1ior (.;nods. ('i?.) 1,(!rj3 Theatron. (5:4) Liquor F.Lr, (54) 1..f..cl.r:mith (55) llarilU.4 . . (5(.) 11; t rOCIC1 (57) 7'or);e1:i."., Heat. (50) Medical Clinics. (5 )) Millenevy 5hops. (60) Plotc.l.s. (61) Motinn Picture Thentren. (62) Muucurm. • (G3) Mut:ic Sterns. • (64) Hcw Car Doa3ership:-. - Outside dispiny pormitticd. (65) Pr:vs Stores, (6() Office Supply Storon. ((0) Paint one) IV:i3.).pnpr”r Stores. (60) Pot Shops. (69) Pct Supply Shot's. (70) Photogrnifliir.: 'Lqui)NlIC!)1t. S t or e . • 1.53 • .• . . coax 2 mo102 `1800 ( Q yoti A _ (71) „I I 1 )' Stri... . ( .1;') r ; .i►r l 'i rtr; nnh) 7•:I►i my nit:! 1S.i rnrr.•gr.r,f 1, Ser v.i.•.•. (7-1) 1';"i' 'ir C1111... (11) I'i It. r :.ir.n;•l ('/',) I.:... i n at.,1 .14.1oviHon Sfilvs find :icrv.i.ce. (71)) I c h i:�rrl Ir:••.:ic!n bah:.. - (77) 1: .:i' 11 ..1.‘s 7711.1 :Dalai tori.U'P: . (71;) it'•:.t.:tn1 .inl.r., not: including drive-ins. (79) 1:hor (:1(:) :•liar :.!.r►'U::. (aa.) :inopp:inn Ct•,iLcrr; - Loss than 25,000 ; quart.! feet. •;i'•:. ;:, i.1 tacit :1r:r:1 an (.)i:n ncl floor. (:1 ►) ✓C.:1d:'11ir Stores. (r1) :+t:•I.ic 'ir.ry :ii:01't::i. (04) f,np.-i.•111:,r); 'L ;. (B5) Tailor Shops. (NG) J ; ::idrr;.'i:.i: • (117) Tile (11I1I 't'c,h:tr.t!cr Shops. 0;9) Toy :iltr'ys (90) 'I.rt.I,:i.c:.tl Virh Stores. (9.1) V:;r.i.c;ty i;:oror:. • (97.) Vehicle )':nt.a1. Autoniobi3(TI only. (';:I) \'ct.r:rl nnl:i.itr► Offices find Cl i.r1.i c:; - No (S4) 1?,tvh and Precision tnr•bnmc.•nt Repair n. t't'.1 to i i;ie:C 11ece `7;,' J I'7r nna r,tr,tnt`c, • 1tcccr;,;c,r'' ;!:.'C'.. find at.ruit:ni:es eu 1 o7.lnr:ily n 'cc iiLCd with tho t r;t r )7C:rmit.Ler. in this district. C. Permitted. Provisional 1)rr.:i and ni r_u':tnrc'r:. Thefoilc;wir:.J u:;c:; may bt• prrmi.Ltc,cl� uiijcC1:tc provi.S 1.an. of nec t.ic, 1 7 4i n t this Ordinance: (i) ... ic;-c ,.t..., '5,000 :;quare fact: gross: floor area on ground floor. (2) Commercial uecrr-.:lticti7 - Outdoor:. (3) Drive-3n Theatres. 3. hlir:imt`m Lot Aron.. None. 4. Minimum Lot 1130th. None. 5. Minimum yard T:ccIuircmentr;.. li...' Dupt:li ct Front. :•ot•hac:k - I'i f:ic:cn (15) foot in which no parking shall he allcrwad nor any merchandise ti I orc::; or displayed. D. Depth of Side Yard Setback .. None or rr iiinimu+t of five (5) feet with unobut.r.ncted p:rt.:::agc from front to roar yard. • C. Depth of Roar Yard Sotburk - Twenty-five (25) • - fent. No rear y.trd required for Marinas. • 154 • ti ti" .:r •ow+tistan41 o }:+1 �i 4e('a?ftp k jfritho ,+telt.it y' r41, ' et in;cvrnt i•I•ti r i•.r.•:+ ttt PrI•ir.il•:t1 •':Irttc'ltire,, (nc I,hots:...,,•i (I ,ll'•(:) •;$:.„.1I•. 1-r i.1. )'tea.' Ltl i.I')-11f(. 1 Lltc•gi:giNlrl f]ctr,r•. /, lt,ls:.i.itt+ne lie ,(flit. T1t9.rty••f,fvc. (3Fi) LceI. ,have Chi !x»ir•1)1•1I err' itlr• i•; I Ito 'rot.. (t. Iii7_•i . .! el;(-t t:rr•••1 1'iiri (f-:.hrr+r•1_ )..00e13 •in : June 14, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on June 23, 2017, and furnish proof of publication to the attention of Rachel Beasley,Senior Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followint on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4600176563 Account Number: 076397 Authorized e signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,July 13th,2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. ZLTR(CUD)-PL20170001085 — ROOK AT NAPLES I, LLC REQUESTS AFFIRMATION OF A ZONING VERIFICATION LETTER ISSUED BY THE PLANNING AND ZONING DIVISION PURSUANT TO LDC SECTION 10.02.06, IN WHICH COUNTY STAFF DETERMINED THAT THE PROPOSED USES OF BEAUTY SHOP(SIC 7231)AND BARBER SHOP (SIC 7241) ARE COMPARABLE IN NATURE TO THOSE COMMERCIAL USES PERMITTED IN SECTION 4.4 A OF THE ARTESA POINTE PUD, ORDINANCE NO. 03-46, AS AMENDED. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD, APPROXIMATELY ONE HALF MILE SOUTH OF TAMIAMI TRAIL EAST, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 82± ACRES. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Account #076397 Corporate Reference #507876 June 14, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: ZLTR(CUD)—PL20170001085 Rook at Naples I, LLC Dear Legals: Please advertise the above referenced notice on Friday, June 23, 2017 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500176563 Martha S. Vergara From: NDN-Legals <legals@naplesnews.com> Sent: Thursday, June 15, 2017 2:18 PM To: Martha S. Vergara Subject: FW: Display ad#I651805 Run date: 6/23/17 Attachments: ND165I805Lega|.pdf Hi Martha, here is the Display ad for your approval. Thank you, Mereida Cardenas Legals Department 239A35,3465 USA Today Network From: Regel, Dagmar Sent:Thursday,June 15, 2017 11:25 AM To: NDN-Legals Subject: RE: Display ad#1651805 Run date: 6/73/17 For approval. Thank you, Dagmar Regel Sales Coordinator �uvA��u*= ; u�� .T� �- �~ ~---=�`---- , ��p��ow�� ~ vvn �wagr"ssoup Office 239.403.6142 dagmarpeqe|6�naP|oonewn.00m NaplesNews.com From: NDNLega|s Sent:Thursday,June 15, 2017 9:55 AM To: Rege|' Dagmar<Qagnnar.Rege|@nap|esnevvs.cono» Subject: Display ad#1651805 Run date: 6/23/17 Hi Dagmar; here is a new display ad: Display ad#1651805 Run date: 6/23/17 Please note per customer: The advertisement must be a 1/4 page mdvmrtimemmemt, and the headline in the advertisement must be in a type no smaller than 18 point. Karol Kangas Office: 239.263.4710 kkangasPgannett.com 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., July 13th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. ZLTR(CUD)-PL20170001085 — ROOK AT NAPLES I, LLC REQUESTS AFFIRMATION OF A ZONING VERIFICATION LETTER ISSUED BY THE PLANNING AND ZONING DIVISION PURSUANT TO LDC SECTION 10.02.06, IN WHICH COUNTY STAFF DETERMINED THAT THE PROPOSED USES OF BEAUTY SHOP(SIC 7231)AND BARBER SHOP(SIC 7241) ARE COMPARABLE IN NATURE TO THOSE COMMERCIAL USES PERMITTED IN SECTION 4.4A OFTHEARTESA POINTE PUD,ORDINANCE NO.03-46.AS AMENDED.THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD, APPROXIMATELY ONE HALF MILE SOUTH OF TAMIAMI TRAIL EAST, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 82+ACRES. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida June 23,2017 ND-1651805 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:6/15/2017 10:49 AM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:06/23/17 ND-1651805.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S. Vergara on behalf of Minutes and Records Sent: Friday, June 16, 2017 11:16 AM To: Martha S.Vergara Subject: FW:Approval Needed for Ad PL20170001085 Attachments: ND-1651805Legal.pdf; HEX Advertisement Request PL20170001085 (CUD) From: Kodri8uezVVanda [mai|to:VVandaRodri8uez@coUier8ov.net] Sent: Friday,June 16, 2017 9:54 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: Ashton, Heidi <HeidiAshton@colliergov.net>; Smith, Camden <CamdenSmith@colliergov.net>; BeasleyRachel «Kache|8eadey@co||ierQov.net>; Ve|asco]essica <]essicaye|ascn@co||ierguvoet> Subject: RE: Approval Needed for Ad PL20170001085 Martha, The text of the ad is fine, and applicant and planner approval have been obtained. HOVV9V8[, I notice that the proof is set up as a display ad. This one is actually a non-display ad, and should run in the regular legal ad section, Please ask NDN to make this change. No additional proof is needed. The confusion probably came because the instructions on the original ad request, and the instructions in the email that sent it, were contradictory. I didn't catch it when it first came through. wurda2l'/d}'(guez. AC2' )luh'unceu[[er/'fled Pal o�uu/ Office of the Louutxjltto) Hey (230) 252-8 100 From:VelascoJessica Sent: Friday,June 16, 2017 8:10 AM To/ minutesand/ecords@co||ie/de/kzom Cc: RodriguezWanda <WandaRodriguez@colliergov.net>; AshtonHeidi <HeidiAshton@colliergov.net>; SmithCamden ; BeasleyRachel /gov.net> Subject: Fw:Approval Needed for Ad PL20170001085 Good morning, Please see agent approval below. We have also received planner approval. Thank you, Jessica Velasco From: Kristina Johnson Sent:Thursday,June 15, 2017 5:40:17 PM To:VelascoJessica Subject: RE: Approval Needed for Ad PL20170001085 Jessica, The proof looks good...thanks! Kristina M.Johnson, P.E. Director of Land Development J.R. Evans Engineering, P.A. 9351 Corkscrew Road, Suite 102 Estero, Florida 33928 u:239.405.9148c:239.285.6999 wwv,jlevansenxineerUng.com Aft J.R. EVANS ENGINEERING [UPYR|GHTANDD|5CLA|K4ERPROV|QON:Thise'mai|, a|ongwithanyO|estransmittedvvithit, isfortheso|euseofthe intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The electronic data contained herein may be subject to change without notice. The responsibility for the accuracy of current conditions and/or digital transfers is solely that of the user. From:VelascoJessica @ Sent:Thursday,June 15, 2017 5:13 PM To: Kristina Johnson Subject: FW: Approval Needed for Ad PL20170001085 Importance: High Kristina, Per our phone conversation, please review the advertisement and send in your approval in writing via email.This Ad is set to run on 6/23 for the 7/13 HEX. If you would like to make changes, please submit the suggested wording. Thank you in advance, Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: I39252.2584 iecsicave|asco(0)c/U|ergov.net 2 Under Florid, Law; e mail addresses are public records. If you do not want your e-mail address released in response to a pub:, request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: VelascoJessica Sent:Thursday,June 15, 2017 5:04 PM To: 'kjohnson@jreeeng.com' <kjohnson@jreeeng.corn> Subject: Approval Needed for Ad PL20170001085 Importance: High Good Afternoon Kristina, It is a new requirement from the County Attorney that both the Planner and Agent review and approve the legal advertisement.These ads will not run if we do not receive approval. Attached is the Naples Daily News Proof, if you could return approvals in writing via email, we will go ahead and process the ads. Respectfully, ( eseka Ve`et a0 Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicaveiasco@colliergov.net Under Honda Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records regF._=est, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 Martha S. Veara From: NDN-Legals <legals@naplesnews.com> Sent: Friday,June 16, 2017 11:04 AM To: Martha S.Vergara Subject: RE: Display ad#l65l80SRun date: 6/23/l7 Hi Martha, sure so this will go in the Legal section instead. I'll send you another proof. Mereida |e8a|s@nap|esnevvs.com From: Martha S.Vergara [mai|to:Martha.Vergara@cnUierc|erk.com] Sent: Friday,June 16, 2017 10:41 AM To: NDN-Legals Subject: RE: Display ad#1651805 Run date: 6/23/17 Importance: High Morning Mereida, Per the County Attorney's Office, is there any way to make this ad a regular legal ad and not a display? Thanks, Martha From: NDN'Lega|sknai|toJe_a|s ~/esnewazom] Sent:Thursday,June 15 2017 2:18 PM • To: Martha S.Vergara <K4artha.Vergara@coUierc|erk.»om» Subject: FW: Display ad#1651805 Run date: 6/23/17 Hi Martha, here is the Display ad for your approval. Thank you, Mereida Cardenas Legals Department 230.4353465 USA Today Network From: Regel, Dagmar Sent:Thursday,June 15, 2017 11:25 AM To: NDN-Legals Subject: RE: Display ad#16S18OSRun date: 6/J3/17 l For approval. Thank you, Dagmar Regel Sales Coordinator AT AY The N EtE 5 a •UTWo mediaro Office:239.403.6142 dagmar.regel(a�naplesnews.com NaplesNews.com From: NDN-Legals Sent:Thursday,June 15, 2017 9:55 AM To: Regel, Dagmar<Dagmar.Regel cr naplesnews.com> Subject: Display ad#1651805 Run date: 6/23/17 Hi Dagmar; here is a new display ad: Display ad#1651805 Run date: 6/23/17 Please note per customer: The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. Karol Kangas Office: 239.263.4710 kkangas@gannett.com gannett.com Please visit us on the web at https://protect-us.mimecast.com!s/dgnzBefGolowFa?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskg--?collliercierk.cprn quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CallierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 Martha S. Vergara From: Brenda.Hawkins@naplesnews.com Sent: Friday, June 16, 2017 12:30 PM To: Martha S. Vergara Subject: Changed to regular legal ad Ad: 1653892, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-97-1653892-1.pdf Attached is the document you requested. Please review for approval, once we receive approval we will release for publication. Let us know if you have any questions. Thank you. 1 > Ad Proof .,,t, 1::,,,,,,„ ., 4, : l'' -' ,iii,' , Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com r .4'- Insertion Information Date:06/16/17 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:507876(N076397) Please confirm placement prior to deadline by contacting your account Company Name:COLLIER COUNTY HEX rep at(239)262-3161. Ad Id:1653892 P.O.No.: Total Cost:$332.50 Contact Name: Email:AshleyLangLcolliergov.net Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:3299 TAMIAMI TRAIL EAST#700,NAPLES,FL,34112 Start Date:06/23/17 Stop Date:06/23/17 € Phone:(239)252-5851 Fax:(000)000-0000 Number of Times: 1 Class:16250-Public Notices fi Publications:ND-Naples Daily News,ND-Internet-naplesnews.com , Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., July 13th,2017,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. ZLTR(CUD)- P120170001085 - ROOK AT NAPLES I, LLC REQUESTS AFFIRMATION OF A ZONING VERIFICATION LETTER ISSUED BY TH E PLANNING AND ZONING DIVISION PURSUANT TO LDC SECTION 10.02:06, IN WHICH COUNTY STAFF DETERMINED THAT THE PROPOSED USES OF BEAUTY SHOP (SIC 7231) AND BARBER SHOP(SIC 7241) ARE COMPARABLE IN NATURE TO THOSE COMMERCIAL USES PERMITTED IN SECTION 4.4 A OF THE ARTESA POINTE PUD, ORDINANCE NO. 03-46, AS AMENDED. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD,APPROXIMATELY ONE HALF MILE SOUTH OF TAMIAMI TRAIL EAST, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 82±ACRES. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the ( meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida June 23,2017 No.1653892 Martha S. Vergara From: Martha S. Vergara Sent: Friday, June 16, 2017 1:15 PM To: Rodriguez, Wanda;Ashton, Heidi; Smith, Camden; BeasleyRachel (Rachel Beasley@colliergov.net); VelascoJessica; Bellows, Ray Subject: REVISED - ZLTR(CUD)-PL20170001085 Rook at Naples I, LLC Attachments: COLLIERCOU-97-1653892-1.pdf Hello Everyone, Attached is the revised ad from display to legal. Let me know of any other changes needed. Thanks, Martha 1 Martha S. Vergara From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, June 16, 2017 1:22 PM To: Martha S. Vergara; Minutes and Records Cc: Ashton, Heidi; Smith, Camden; BeasleyRachel;VelascoJessica Subject: RE: REVISED - ZLTR(CUD)-PL20170001085 Rook at Naples I, LLC Looks good Martha, thank you, "Wanda Rodriguez, .SCP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday,June 16, 2017 1:15 PM To: RodriguezWanda <WandaRodriguez@colliergov.net>;AshtonHeidi <HeidiAshton@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; BeasleyRachel <RachelBeasley@colliergov.net>;VelascoJessica <JessicaVelasco@colliergov.net>; BellowsRay<RayBellows@colliergov.net> Subject: REVISED-ZLTR(CUD)-PL20170001085 Rook at Naples I, LLC Hello Everyone, Attached is the revised ad from display to legal. Let me know of any other changes needed. Thanks, Martha Under Florida Law 1 addresses are public records. If you do not want your e-mail address released in response to a public records request do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S. Vergara Sent: Friday, June 16, 2017 1:29 PM To: 'Brenda.Hawkins@naplesnews.com' Subject: RE: Changed to regular legal ad Ad: 1653892, NOTICE OF PUBLIC HEARING Notice is h Brenda, This ad proof revision has been reviewed and approved. Please proceed with publishing as requested. Thanks, Martha Original Message From: Brenda.Hawkins@naplesnews.com [mailto:Brenda.Hawkins@naplesnews.com] Sent: Friday, June 16, 2017 12:30 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: Changed to regular legal ad Ad: 1653892, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review for approval, once we receive approval we will release for publication. Let us know if you have any questions. Thank you. ISD Friday,June 23,2017 Naples Daily News 118111888118111 June 2S,,Coil NO.,itarbb9,4b mOl ICE OF PUBIC NEARING Notice is hereby liven that a public hearing will be hell by the Collier Count _Hearing A�wg Examiner(HEX) at SMO July 13th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 6091610, Naples FL 34104,to consider PETITION NO, ZLTR(CUD) PL2017 1085 - ROOK AT NAPLES OF AZOIREQUESTS VERIFICATION LETTER ISSUED BY THE PLANNIN LAND ZONING DIVISION PURSUANT TO LOC SECTION 10,02.0C, IN WHICH COUNTY STAFF DETERMINED THAT THE PROPOSED USES OF BEAUTY SHOP (SNC 7231 AND BARBER SHOP(SIC 7241) ARE COMPARABLE IN NATURE TO THOSE COMMERCIAL USES PERMITTED IN SECTION 4.4 A PUD, ORDINANCE NE NTESA NO.03-4 UD, O6, 6, AS AMENDED. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD,APPROXIMATELY ONE HALF MILE SOUTH OF TAMIAMI TRAIL EAST IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. t COLLIER COUNTY. FLORIDA, t CONSISTING OF 82±ACRES. ��wJ�Gt of that proceeding, and for All interested parties are such purpose he may need invited to appear and be to ensure that a verbatim heard. Ali materials used record of the proceedings is in presentation before the made,which record includes Hearing Examiner will become the testimony and evidence a permanent part of the upon which the appeal is to record. be based. Copies of staff report are If you are a person with a available one week prior to disability who needs arty the hearing. The file can accommodation in order to be reviewed at the Collier participate in this proceedirm. County Growth Mana�geement you are entitled,at no east to Department. Zoning Division, you.to the provision of certain Zonin. Services Section, assistance. Please contact 2800 t' ° Horseshoe Drive, the Collier County Facilities Naples,FL Nlanagement Division located at 3335 Tamiarru Trail East, The Hearing Examiner's Suite 101, Naples, Florida decision becomes final 34112-5356.(239)252-8380.at on the date rendered. It a least two days prior to he person decides to appeal any meeting. decision made by the Coffier enemy Hearing Examiner Marls Strain, with respect to any matter Chief Hearin Examiner considered at such meeting or Collier County,Florida hearing,he will need a record June 23,2017 No-1653E92 STATF OF inDifitt iIailij WWE NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Cheri Koerner who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1653892 NOTICE OF PUBLIC HEA Pub Dates June 23,2017 ei4111'1'. X- ,te ) (Signature of affiant) KAROL E KANGAS r °= Notary NNW•State of Florida Sworn to and subscribed before me 1 s'�"a' r= My Comm.Expires JW 20.2017 This June 23,2017 1 A A, Commission N FF 017837 (Signature of affiant) I 18D Friday,June 23,2017 Naples Daily News —MEMVc hicks W.tin tori Public Nubias Nn ticc OfforecInSurc Notice Of lauci . .i, of that and for final action may be different IN THE CIRCUIT COURT OF THE CASH FOR YOUR CAR! such purpose proceeding,may need any,which shall be the address from the position taken by it TWENTIETH JUDICIAL CIRCUIT,IN AND for service purposes during in this Notice.Persons whose FOR COLLIER COUNTY,FLORIDA. YOUR CAR to ensure that a verbatim TODAY! record of the proceedings is the course of the proceeding; substantial interests ill be CASE No.112016CA0005590001XX SOLD ( T239) 0-7719 made,which record includes and an explanation of how affected by any such final the testimony and evidence the petitioner's substantial decision of the Department on U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE, CORVETTES WANTED - To7 pan which the appeal is to interests will be affected by the petition have the right to ON BEHALF OF THE HOLDERS OF THE dollar.Cash today.Call 941- he based. the agency determination; petition to become a party to HARBORVIE MORTGAGE LOAN TRUST 2006-1 809.3660 or 941-923-3421 (0 A statement of when and the proceeding,in accordance MORTGAGE LOAN PASS-THROUGH CERTIFICATES, If you are a person with a how the petitioner received with the requirements set SERIES 2006-1. STEARNS MOTORS notice of the agency decisions; forth above. MOST TRUSTED disability who needs any (d)A statement of all disputed PLAINTIFF, accommodation in order to BUYER Ses participate in this proceedin areissues of none, fact.If there The public inspection is available All Vehicles wanted you are entitled,at no cost to are none,the petition must so for publicbusiness during VS. Rad or Jim(239)774-7360 y ndicate; normal business hours. you,to the provision of certain (e)A concise statement of 8:00 am to 5:00 pm,Monday LISA MOCCO,ET AL. WE BUY CARS,TRUCKS,SUPS, assistance. Please contact the ultimate facts alleged, through Friday.except legal Etc. Anything from $1,000 the Collier County Facilities including the specific facts the holidays,s at the Department's DEFENDANT(S). thru $100,000 Please call Management Division located Y Sam(239)595-4021 at 3335 7amiami Trail East, Petitioner contends warrant South District Office, 2295 Suite 101, Naples, Florida reversal or modification of the Victoria Avenue, Suite 364, NOTICE OF FORECLOSURE SALE Auto Points Acc 34112-5356,(239)252-8380,at Department's action; Fort Myers. Florida 33901. least two days prior to the (O A statement of the specific phone: (239) 344-5600, or NOTICE IS HEREBY GIVEN pursuant to the Final 4 NEW RADIAL TRUCK TIRES meeting. rules and statutes the electronically at: http:// Judgment of Foreclosure dated May31,2017,in the above action, Brand New 225055x17$150. petitioner contends require ebapps.dep.state.fl.us/ I will sell to the highest bidder for cash at Collier County,Florida, Call(239)948-0002 Mark Strain, reversal ormodification of docunrDepNexus/public/electronic- on lune 29,2017,at 11:00 AM,at Lobby 3rd Floor Courthouse Chief Hearing Examiner the Department's proposed documents/5114129/ Anne%of Collier County Courthouse 3315 E.7amiami Trail, GARMIN AUTO GPO NW142 Collier County,Florida action, including an facilitylsearch Naples,FL 34112 for the following described property: &Accessories$40 June 23,2017 No.1653892 explanation of how the alleged June 23,2017 No.1656268 (239)774-1710. facts relate to the specific rule LOT 19,BLOCK B,PINE RIDGE,ACCORDING TO THE PLAT STATE OF FLORIDA or statutes;and Qpp��(}�}� THEREOF RECORDED IN PLAT BOOK 3,PAGE 24,OF THE PUBLIC DEPARTMENTPROTECTION OF (B)A statement of the relief ENVIRONMENTAL sought by petitioner,stating ax Real�'�^ he RECORDS5 enden person erso ificl aimiilaim an interest sixty enlarge days surplus f rout the ale,if other n the y owner as of the date of I Leg�ls Permit file um bar TO ISSUE Because the aadmenistrati a IPi881q sale. pendens Court, of must tts discretion,ged timit in sixthai:be s aft published Ila ' NOTICE wants e nt to e. in Not the o sale Pi I,I 0 N, -os he I • 353506-001-WC/MC hearing process,is designed to formulate final agency 1acalfieds provided herein. I IMPORTANT NOTICE The Department of action,the filing of a petition TO: Unknown John Doe. Environmental Protection means that the Department's DWIGHT E.BROCK putative father, or Anyone pipes notice of its intent to _ Clerk of the Circuit Court Claiming Paternity of Naomi issue a permit to Sharon H.<I,i,,st,,- t Coral Kurtz, born June 23. tk-Harris, District Date:June 1,2017 Maintenance The mother of the child Maintenance Admin.,Florida Publicitlaa legal is Tara Jean Kurtz a/k/a Tara Departmentalapplicant Transportation.n Invitacibn a licrtar By: Jean Spengler. The applied on April Deputy Clerk of the Court 26,2017,to the Department of Se da aviso,que la Ciudad de Napoles,FL recibir&ofertas en Maria Stocking(Seal) A petition has been filed and Environmental Protection for respuesta a la Solicitud ITB#17-020 para el pro ecto conocido June 16&23,2017 No.1636938 a hearing has been scheduled a drinking water construction tomo CDBG 5th Ave-N Sidewalk Construction.Este solicitud es to put an end to all rights permit to replace the existing pare la construccien de aceras en la comunidad de River Park. you have to your child,,Naomi 55,000 gpd water softening El financiamientp para este proyecta es proporcionado Dor la Coral Kurtz.That hearing will treatment system with a Division de Servicios ComunitariosHumans del Condado de be held in the Courtroom of reverse osmosis membrane Collier y el Departamento de Vivienda Y Desarrollo Urbana(HUD) Judge Scott 0.Keller,Berks system.The facility is locatedsando los Tondos del Community Development Block Grant Noce ti01 hit,iosure Notice Of fnrecu :ns , County Courthouse,633 Court on 1-75 (Alligator Alley) at (CDBG). Losreglamentosfederalesduante la construcciOn saran Street,Reading,PA on July MM 63 South Side in Collier plicados,incluyendo Davis Bacon y Melones Relacionadas para IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT 24,2017 at 1:30 pIf you County,Florida.The ahplicant los salarros. COURT fail to attend the hearing,the intends to discharge the brine IN AND FOR COLLIER COUNTY,FLORIDA hearing will go on without you reject water (concentrate) Todas las ofertas sell alas deben ser re local a mos tardar CIVIL ACTION ! and the Court may end your into the existing sanitary el 24 de julio de 2017,a las 2:001IPM,hors local de N&pales.Las rights to your children. sewer system. ofertas se abriran el 24 ABLE , Divisi6n de Compras tie ae2 Ciudad io de2ONSpoles b Bade en 735 TRUST DATED OCTOBER 9a las 2:05 PM.En la THOMAS F.SHIELDS C 1996 You have the right to be A person whose substantial 8th Ave-S,Naples FL,34102.Lasecaciones Y reyuisitos represented at the hearing by interests are affected by the de la propuesta se pueden obtener en en lime en httpsf.//www. Plaintiff a lawyer.You should take this Department's proposed naplesgov.com/rfps o poniendose en contacto con la Oficina de vs. Case No.16-CA-2319 paper to your lawyer at once. permitting decision may Compras de Napoles al 239-213-7100. If you do not have a lawyer, petition for an administrative ULLAH'S REAL ESTATE,LLC,a Florida contact the office set forth proceeding (hearing) in Una reuni6n no obligacoria previa ala licitacica se celebrara LIMITED LIABILITY COMPANY,FARID below to find out where you accordance with sections el 13 On Mho de 2017,a las 10:00 AM hors local On Napoles; ULLAH.individually,KEY MARCO can get legal help: petition 120.569 and 120.57,F.S.The En el termini,del sitio del proyecta localize.en el parque de COMMUNITY ASSOCIATION,INC., Lawyers'Referral Service petition must contain the Anthony,1500 5ta avenida-noire,Napoles 34102.Las partes a Florida not for profit corporation,and of Berks Count information set forth below interesadas pueden Hamar 239-213.7100 para m&s detalles e HIDEAWAY BEACH ASSOCIATION,INC., Y and must be filed(received informaciAn. A Florida not for profit corporation, Berks County Bar Association by the Agency Clerk)in the 544 Court Street Office of General Counsel Se alienia a las empresas minoritarias,de propiedad de mujeres Defendants, Reading,PA 19601 of the Department at 3900 y peque0as empresas a que presentee ofertas para este Telephone No.610-375.4591 Commonwealth Boulevard, proyecta.Se zlienta a los contratistas con licencie a que NOTICE OF SALE Mail Station 35,Tallahassee, perteten ofertas de subcontratistas de propiedad de mujeres If you cannot afford a lawyer, Florida 32399-3000. The pertenecienteI a minorias y mujeres,poi lo,sues deben NOTICE IS GIVEN that,pursuant to the Final Judgment of You can contact Berks County petitioner must mail a copy of empresas documentar los esfuerzos para alio. Una lista actual de Foreclosure dated on the 7th day of June 2017,in the above. Children and Youth Services the petition to the applicant at empresmineras y Iemeninas certificadas se puede encontrar styled case in the Circuit Court of the Twentieth Judicial Circuit for an application for court- the address above at the time en: http://www.dms.myflorida.com/other programs/office_ in and for Collier County,Florida,I will sell to the highest bidder appointed representation.You of filing Failure to petition of supplier_divnrsity ersitJY osd.Es politica de la Naiad de Napoles, for cash in the lobby on the third floor of the Courthouse Annex MUST fill out the application within 14 days of the date of FL,proveer Igualdadae Oportuni lades de Empleo a todos Ips y 'n the Collier County Courthouse,3315 7amiami Trail E.Naples, completely and accurate) so this publication constitutes a empleados y solicitantes de empleo de acuer as o con codlos FL 34112 at 11:00 a.m.on the 10th day of July,2017 the following the court can determine ifyou waiver of any rightsuch person mfnimos,directives y regulacioiies applicables de lgualda0 de described property set forth in the Final Judgment: are entitled to court-appointed has to request a hearing under Oportuidades de Emplep/Accidn Afirmatilla de las agencies representation. THIS FORM sections 120.569 and 120.57, federales y estatales.El Condado de Collier no discrimina LOT 4,BLOCK 21,HIDEAWAY BEACH,according to the plat MUST BE COMPLETED AND F.S.,and to participate as a a ningdn empleado osolicitante de empleo par raze color, thereof recorded at Plat Book 12,Pages 80 through 85,OF THE SUBMITTED AT LEAST TWENTY party t0 this proceeding. sexo,origen national,religion,ailed,discapamdad,emhareze. PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. DAYS BEFORE THE HEARING Any subsequent intervention estado deveterano,estado civil o cualquier otra caracterfstica DATE TO: will only be at the approvalofficer pprotegida por la ley aplicable. a/k/a 362 Beach Lilly Lane,Marco Island,FL 34145 Clerk of Orphan's Court motion yfiledding purrsuant to Rule El trabeio que se realizara baja este contrato est&suleta a los Parcel ID#50039600007 Berks County Services Center 28-106.205,F.A.C. requisitos de la Seccien 3 de la Ley de Vivienda y Desarrollo 633 Court Street,2nd Floor Urbana de 1968,segsn enmendada,12 USC1701u(seed.).A la ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM Reading,PA 19601 A petition that disputes the Secci6n 3 de Asuntos Comerciales califitados de acuerdp con las THE SALE,IF ANY,OTHER THAN THE PROPERTY OWNER AS OF In the event you do not submit material facts on which the directrices del Departamento de Compras del Departamento de THE DATE OF THE SALE MUST FILE A CLAIM WITHIN 60 DAYS Department's action i5 based Compras del`Condado de Collier".Visite hitp://www.tadiergty. AFTER THE SALE. the formina timely manner, must contain the following net/index.asp0?page=7432 para obtener intormacien adimonal Ynlessethe 0 will is a cause information: sabre el registro tomo un negoao de la Secci0n 3. WITNESS my hand on the 8th day of June.2017. shown for the untimeliness. (a)The name and address of Todas las In nsepliceblos,ordenanzasy las reglas y,re9ulaciones Dwight E.Brock each agency affected and each de codas las autondades que tengan lursdicmen sabre la Clerk of the Circuit Court Jennifer L.Grimes,Esquire agency's,file or identification construcciOn de este proyecta se aplicaran al pr0yecto en todo Attorney for Berks County number,if known; momenta. Patricia Murphy , Children and Youth Services (b)The name.address,and Deputy Clerk(Sea0 633 Court Street,11th Floor telephone number of the La Ciudad de Napoles cumple con la Ley de Vivienda Juste lune 16&23,2017 No.1644794 Reading.PA 19601-4323 petitioner the name,address, (42 U.S.C.3600,E7 sea)y la Ortlenanza tie Vivienda Juste del June 23,2017 No.1656346 and telephone number of the Condado 92-9. NOTICE OF PUBLIC HEARING petitioner's re resentative,if June 23,2017 No.1658842 Notice is hereby wgiv n that Public Notices P >.ic NotIco5 a public hearing II be held Roquost for 0:015 V00Iiie••,f B,ro: by the Coffer County Hearing COUNTY OF COWER PUBLIC HEARING NOTICE Examiner(HEX)at 9:00 A.M., Public Hearing:Collier County Board of County Commissioners Leggal AdmerBsement • July 13th,201T.in the Hearing Date:June 27,2017 breltalioa to Bid Examiner's Meeting Room,at Time:9:00 a.m.or soon thereafter 2800 North Horseshoe Drive, Location:Collier County Government Center,County Commissioner's Boardroom.3rd Floor, Notice is hereby given,thetthe City of Naples,FL will receive bids Room 609/610, Naples FL 3299 Tamiami Trail East Naples,Florida. in response to Solicitation ITB#17.020 for the project known as 34104,to consider: Notice is hereby given that the Board of County Commissioners of Collier County,Florida CDBG 5th Ave-N Sidewalk Construction.This solicitation Proposes to adopt the following budget amendments for FY 2017: is for sidewalk construction in the River Park Community. PETITION NO. ZLTR(CUD)- Funding for this project is provided by the Collier County PL20170001085 - ROOK AT FUND FUND SOURCE USE FUND TOTAL Division of Community and Human Services and the Department NAPLES 1, LLC REQUESTS of Housing and Urban Development(HUD)using Community AFFIRMATION OF A ZONING 708-Human Services Match Transfer Ta provide funds needed Development Block Grant(CDBG)funds.Federal Regulations VERIFICATION LETTER ISSUED to ensure match compliance $65,210.63 during construction will be enforced,including Davis Bacon and BYTHE PLANNING AND ZONING and requirement for grants. Related Acts for wage rates. DIVISION PURSUANT TO LDC SECTION 10.02.06.IN WHICH All sealed bids must be received no later than July 24,2017, COUNTY STAFF DETERMINED 707-Human Services Grant Carryforward To provide funds needed to 2:00 PM Naples'local time.Bids will be publicly opened on July THAT THE PROPOSED USES ensure continuous operation $4,166,146.25 24,2017.2:05 P.M.at the City of Naples Purchasing Division OF BEAUTY SHOP(SIC 7231) in compliance with CCE grant located at 735 8th Ave-5,Naples FL,34102.Specifications and AND BARBER SHOP(SIC 7241) agreement. proposal requirements can be obtained on-line at haps✓/www. ARE COMPARABLE IN NATURE naplesgov.com/rfps or by contacting Naples Purchasing Office TO THOSE COMMERCIAL USES at 239-213-7100.-7100. PERMITTED IN SECTION 4.4 652-Legal Aid Society Transfer Toprovide funds needed to cover A OF THE ARTESA POINTE cover expenses for balance $158,400.00 A non-mandatory pre-bid meeting will be held on July 13,2017, PUD,ORDINANCE NO.03-46, of the year in fund 652 at 10:00 AM Naples'local time;at the Project Site terminus AS AMENDED.THE SUBJECT revenue shortfalls. located at Anthony Park,1500 5th Avenue-North,Naples 34102. . PROPERTY IS LOCATED ON Interested parties may call 239-213-7100 for more details and THE EAST SIDE OF COLLIER information. BOULEVARD,APPROXIMATELY 640-Law Library Transfer To provide funds needed to ONE HALF MILE SOUTH OF cover expenses for balance $79,500.00 Minority,female-owned and small businesses are encouraged TAMIAMI TRAIL EAST, IN of the year in fund 640 to submit bids for this project. Licensed Contractors are SECTION 3, TOWNSHIP 51 revenue shortfalls. encouraged to solicit bids from minority and female-owned SOUTH, RANGE 26 EAST, subcontractors,efforts for such should be documented.A COLLIER COUNTY, FLORIDA, current listing of certified minority and female owned CONSISTING OF 823 ACRES. 171-Teen Court Transfer To provide funds needed to businesses can be found at:http://www.dms.myflorida.com/he cover expenses for balance of $91,000.00 policy other_programs/off ice_of_suLpber_riversity osd.It is the All interested parties are the year in fund 171 revenue policy of the City of Naples,FL,to provide Niel Employment invited to appear and be shortfalls. Opportunity to all employees and applicants for employment in heard. All materials used accordance with all applicable Equal Employment Opportunity/ in presentation before the Affirmative Action lows,directives and regulations of Federal, Hearing Examiner will become 192-Court Innovation Fund Transfer To provide funds needed to and State agencies.Collier County does not discriminate against a permanent part of the cover expenses for balance of $193,000.00 any employee or applicants for employment on the basis of race, record. the year in fund 192 revenue color,sex,national origin,religion,age,disability,pregnancy, shortfalls. veteran status,marital status,or any other characteristic Copies of staff report are protected by applicable law. available one week p fqr to the hearing. The file can 681-Court Administration Transfer To provide funds needed to The work to be performed under this contract isbject be reviewed at the Collier cover Court agencies for $2,685,700.00 to the requirements of Section 3 of the Housing and Urban County Growth Management balance of the FY 2017 Development Act of 1968,as amended,12 U.S.C.1701u(section.) Department,Zoning Division, revenue shortfalls. An award shall be based on the lowest responsive bid offer Zoning Services Section, with preference given to qualified Section 3 Business Concerns 2800 North Horseshoe Drive, This notice i5ublished in accordance with Florida Statutes 129.06;accordingly,the publication in accordancewith Collier County's Purchasing Department's Naples,FL. of such must to accomplishedat least 2 days,but not more than 5 days,before the date of the "right to match"guidelines.Visit mal information hearing. indetrot:o.page=7432 for additional information regarding The Hearing Examiner's registration as a Section 3 business. decision becomes final BOARD OF COUNTY COMMISSIONERS on the date rendered. If aCOLLIER COUNTY,FLORIDA Al:applicable laws,ordinances,and the rules and regulations person decides to appeal any PENNY TAYLOR,CHAIRMAN of all authorities having jurisdiction over construction of this decision made by the COIBer project shall apply to the project throughout. County Hearing Examiner DWIGHT E.BROCK,CLERK with respect to any matter By:Martha a•Deputy Clerk The City of Naples complies with the Fair Housing Act(42 U.S.C. considered at such meeting or (SEAL) 3600,ET seq)and County Fair Housing Ordinance 92-9. hearing,he will need a record June 23,2017 No.1655900 June 23,2017 No.1657454 C)e- 18D Friday,June 23,2017 Naples Daily News June 23,2uir ,' .I,,.,,,- NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., July 13th,2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. ZLTR(CUD)- PL20170001085 - ROOK AT NAPLES I, LLC REQUESTS AFFIRMATION OF A ZONING VERIFICATION LETTER ISSUED BY THE PLANNING AND ZONING DIVISION PURSUANT TO LDC SECTION 10.02.06, IN WHICH COUNTY STAFF DETERMINED THAT THE PROPOSED USES OF BEAUTY SHOP (SIC 7231) AND BARBER SHOP (SIC 7241) ARE COMPARABLE IN NATURE TO THOSE COMMERCIAL USES PERMITTED IN SECTION 4.4 A OF THE ARTESA POINTE PUD, ORDINANCE NO. 03-46, AS AMENDED. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD, APPROXIMATELY ONE HALF MILE SOUTH OF TAMIAMI TRAIL EAST, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 82±ACRES. All interested parties are of that proceeding, and for I invited to appear and be such purpose eateamay need ensureto heard. All materials used record of the in presentation before theproceedings is Hearing Examiner will become made, which record includes a permanent part of the the testimony and evidence record. upon which the appeal is to be based. Copies of staff report are available one week prior to If you are a person with a the hearing. The file can disability who needs any be reviewed at the Collier accommodation in order to County Growth Management participate in this proceeding, Department, Zoning Division, you are entitled, at no cost to Zoning Services Section, C you,to the provision of certain 2800 North Horseshoe Drive, assistance. Please contact t Naples,FL. the Collier County Facilities Management Division located " The Hearing Examiner's at 3335 Tamiami Trail East, p decision becomes final Suite 101, Naples, Florida ri on the date rendered. If a 34112-5356, (239) 252-8380, at D person decides to appeal any least two days prior to the (' decision made by the Collier • meeting. r County Hearing Examiner with respect to any matter Mark Strain, considered at such meeting or - Chief Hearing Examiner hearing, he will need a record Collier County,Florida June 23,2017 No.1653892 AGENDA ITEM 3-B Co ger County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING: JULY 13TH, 2017 SUBJECT: ZLTR(CUD)-PL20170001085, ARTESA POINTE PUD APPLICANT/AGENT: Applicant: Emilia Pearson, Rook at Naples I, LLC 4828 Ashford Dunwoody Road#400 Atlanta, GA 30338 Agent: Kristina Johnson J.R. Evans Engineering 9351 Corkscrew Road Ste 102 Estero, FL 33928 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) affirm a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of beauty shop(SIC 7231) and barber shop (SIC 7241) are comparable in nature to those commercial uses permitted in Section 4.4 A of the Artesa Pointe PUD, Ordinance No. 03-46, as amended. GEOGRAPHIC LOCATION: The subject property is located on the east side of Collier Boulevard, approximately one half mile south of Tamiami Trail East, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 82± acres. ZLTR(CUD)-PL20170001085 Page 1 of 5 Artesa Pointe SURROUNDING LAND USE & ZONING: Subject: Artesa Pointe Planned Unit Development(PUD) North: Tamiami Crossing Commercial Planned Unit Development(CPUD) East: Residences zoned Artesa Pointe PUD South: Mobile homes zoned Mobile Home West: Residences zoned Eagle Creek PUD ' # "1 t` f 414, f _ it �� a c mi# . , j 4 yfi . X �'r s",'" ... 3 e 0, 9 x 9t,, w , ; , 4t i �i r ir ' , tj i . 1 ''I 1 Vik).--4 _ j o ' 11111011 t Ke - '1")£ ...."11 . _paw *Ilk! , ,,,,t, pahmmst:s 4:,'Itimuli- varfttim ":":";.4.,,,,:f1:1114..,1114 -.. x$:,., . Am It P I OA , ' Ie I itlseA*j, 14;p Aerial Photo (Collier County Property Appraiser) PURPOSE/DESCRIPTION OF PROJECT: The Applicant seeks a determination that the use of a beauty shop, SIC 7231, and barber shop, SIC 7241, are comparable in nature to those commercial uses permitted in Section 4.4. A of the Artesa Pointe PUD, Ordinance No. 03-46, as amended. The applicant requested a Zoning Verification Letter(ZLTR) from the Planning Manager on March 13,2017. The Planning Manager issued a ZLTR stating that a beauty shop, SIC 7241, and a barber shop, SIC 7241, is comparable and compatible with the listed uses in the Artesa Pointe PUD. This hearing is to seek affirmation of that opinion by the HEX. ZLTR(CUD)-PL20170001085 Page 2 of 5 Artesa Pointe ANALYSIS: LDC Section 10.02.06 J.1.b, Comparable Use Determinations, states: "The County Manager or Designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective,the zoning verification letter shall be approved by the BCC by resolution,at an advertised public hearing."The BCC delegated this duty to the Hearing Examiner through Ordinance 2013-25. The comparable analyzation of beauty shop and barber shop to the uses in this PUD are threefold: 1. similar zoning, 2. external impacts and 3. business character. A beauty shop, SIC 7231, and barber shop, SIC 7241, are permitted uses in the Commercial Professional and General Office District(C-1), the Commercial Convenience District(C-2), the Commercial Intermediate District(C-3), the General Commercial District(C-4), and the Heavy Commercial District(C-5), C-1 through C-5, of the Land Development Code (LDC). The permitted uses in Section 4.4.A of the Artesa Pointe PUD includes a limited number of commercial (non-regional) uses listed within the range of C-1 through C-5 districts of the LDC. It should be noted that, Section II.A of this PUD states it "will be developed as a mixed-use community which may feature a full array of commercial uses, residential dwelling types,and a recreation center providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents." Personal services are Major Group 72 which include beauty shops, SIC 7231, and barber shops, SIC 7241. The external impact of the proposed beauty and barber shops will be less intensive than other permitted uses in this PUD's non-regional section. The applicant submitted a trip generation comparison comparing permitted uses in Section 4.4.A of this PUD to beauty and barber shops. More specifically, comparing drive-in banks, high-turnover restaurants, fast food restaurants with drive thru windows and coffee donut ships with drive-thru windows to that of a hair salon calculation. The study shows that hair salon produces AM and PM peak hour trips which are much lower than any of the compared uses. Moreover, beauty and barber shops are not characterized as a generator of either significant noise or odor as compared to other permitted uses outline in Section 4.4.A. The business character of the facility will be similar in nature to permitted uses in Section 4.4.A of this PUD. The applicant states that both requested uses are, "similar in nature to many of the other permitted Non-Regional Commercial Uses in the Artesa Pointe PUD such as `Apparel and Accessory Stores', `Business Services' and 'Drug Stores', which offer personal services and products to the general public during conventional business hours of operation of 9am-6pm." In addition, surrounding land uses are comparable and compatible as well. The Tamiami Crossing Commercial Planned Unit Development (CPUD), directly to the north, permits personal services such as beauty and barber shops. Properties, located in the general area, to the north and south of this PUD are zoned C-3 and C-4; beauty and barber shops are both permitted uses in C-3 and C-4. ZLTR(CUD)-PL20170001085 Page 3 of 5 Artesa Pointe The Artesa Pointe PUD is located within the Henderson Creek Mixed Use Subdistrict on the Collier County Future Land Use (FLUE) map. While the PUD itself does not explicitly identify the BZA or the Planning Director as having authority to determine a use comparable and compatible to permitted uses in the PUD, it was determined by the zoning manager that language outlined in the Henderson Creek Mixed Use Subdistrict stating, "the maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District" and the language in the C-4 zoning district under LDC Section 2.03.03.D.1.a.141 stating, " any other commercial use or professional services which is comparable in nature with the foregoing uses.."permits the use of the Comparable Use Application in this instance. Based upon above analysis, the use of a beauty shop, SIC 7231, and barber shop, SIC 7241 are comparable/compatible with the permitted uses within Section 4.4 A of the Artesa Pointe PUD. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report 6/19/17. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinions of the Zoning Manager that: The use of a beauty shop, SIC 7231, and barber shop, SIC 7241, are comparable and compatible to other permitted uses in the Commercial District under Section 4.4.A of the Artesa Pointe PUD, Ordinance No. 03-46 as amended. Attachments: A. Zoning Verification Letter B. Application ZLTR(CUD)-PL20170001085 Page 4 of 5 Artesa Pointe PREPARED BY: RACHEL BEASLEY, PLANNER DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: RAYMOND V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION-ZONING SERVICES SECTION 6- - MICHAEL BOSI, A1CP, DIRECTOR DATE ZONING DIVISION ZLTR(CUD)-PL20170001085 Page 5 of 5 Artesa Pointe o . le V Growth Management Department— Planning & Regulation Zoning Services Division May 2, 2017 Kristina Johnson J.R. Evans Engineering 9351 Corkscrew Road Suite 102 Estero, FL 33928 Re: Zoning Verification Letter ZLTR(CUD)-PL20170001085; Zoning Verification Letter—Comparable Use Determination for the Artesa Pointe PUD, 6654 Collier Blvd, Naples, FL located within in Section 3, Township 51 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio: 81076000082. Dear Ms. Johnson: This letter is in response to a Comparable Use Determination (CUD) application which was submitted by the applicant on the behalf of Rook at Naples I, LLC. The applicant requests a determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of a beauty shop, Standard Industrial Code(SIC) 7231, and a barber shop, SIC 7241, are comparable and compatible with the permitted uses in Section 4.4.A. Principal Uses (non-regional) of the Artesa Pointe Planned Unit Development, Ordinance 03- 46, as amended. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 04-41, as amended. The current Official Zoning Atlas, an element of the LDC, reveals the subject property has a zoning designation of the Artesa Pointe Planned Unit Development, Ordinance 03-46, as amended. The PUD is located within the Henderson Creek Mixed Use Subdistrict on the Collier County Future Land Use (FLUE) map. While the PUD itself does not explicitly identify the BZA or the Planning Director as having authority to determine a use comparable and compatible to permitted uses in the PUD, it was determined that language outlined in the Henderson Creek Mixed Use Subdistrict stating, "the maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District" permitted the use of the Comparable Use Application in this instance. More specifically, Section 2.03.03.D.141 of the LDC states, "any other commercial or professional use which is comparable in nature with the foregoing uses..." This PUD designates commercial uses into regional and non-regional; the requested use for comparable and compatible determination falls within the non-regional designation. The comparability review parameters of this application are threefold: 1. similar zoning, 2. external impacts and 3. business character. Beauty shop, SIC 7231, and barber shop, SIC 7241, are permitted uses in the Commercial Professional and General Office District(C-1),the Commercial Convenience District(C-2),the Commercial Intermediate District (C-3), the General Commercial District (C-4), and the Heavy Commercial District (C-5) of the LDC. Uses in Section 4.4.A. of the Artesa Pointe PUD permit commercial (non-regional)uses permitted within the range of C- 1 through C-5 of the LDC. The applicant states that the, "request is not for a Beauty School or Barber School." Beauty and barber shop fall into a similar permitted LDC zoning range of the permitted uses outlined in Section 4.4.A of this PUD. The external impact of the proposed beauty and barber shops will be less intensive than some of the other permitted uses in the non-regional section of this PUD. First is traffic intensity, the Applicant submitted a trip Attachment A generation comparison comparing permitted uses in Section 4.4.A of this PUD to beauty and barber shops. More specifically, the applicant compared drive-in banks, high-turnover restaurants, fast food restaurants with drive thru windows and coffee donut shops with drive-thru windows to that of a hair salon trip calculation. The study shows that hair salon produces AM and PM Peak hour trips which are much lower than any of the above- mentioned uses. Secondly, the applicant states that the requested use is not characterized as a generator of either significant noise or odor as compared to other permitted uses such as eating places. The business character of the facility will be similar in nature to permitted uses in Section 4.4.A of this PUD. Per the applicant,both requested uses are,"similar in nature to many of the other permitted Non-Regional Commercial Uses in the Artesa Pointe PUD such as `Apparel and Accessory Stores', `Business Services' and 'Drug Stores', which offer personal services and products to the general public during conventional business hours of operation of 9am-6pm." Furthermore, surrounding land uses are comparable and compatible to the requested uses. The Tamiami Crossing Commercial Planned Unit Development (CPUD), directly to the north, permits personal services such as beauty shop, SIC 7231, and barber shop, SIC 7241. Additionally,there are properties zoned C-3 and C-4 to the north and south of the requested property; beauty and barber shop are both permitted uses in C-3 and C-4. The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be compelling. It has been concluded that a beauty shop, SIC 7231, and a barber shop, SIC 7241, are comparable and compatible to the permitted uses in Section 4.4.A. of this PUD; it has been found comparable and compatible in regard to similar zoning,external impacts,and business character. Therefore,in accordance with the Henderson Creek Mixed Use Subdistrict, "the maximum intensity of commercial uses are those allowed in the C-4, General Commercial,Zoning District"and thus Section 2.03.03.D.141 of the LDC,the use of beauty shop, SIC 7231,and barber shop, SIC 7241, are deemed comparable and compatible to the permitted uses in Section 4.4.A. of this PUD. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Please be advised that the information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. Should you require additional information or have any questions,please do not hesitate to contact me at(239)252- 8202 or e-mail: rachelbeasley@colliergov.net. Researched and prepared by: Reviewed by: Rachel Beasley, Plan er Raym•411 Bellows,Zoning Manager Zoning Services Section Zoning Services Section C: Annis Moxam, Addressing Section Laurie Beard, PUD Monitoring J.R. Asi/Z EVANS ENGINEERING March 23,2017 Mr. Ray Bellows Collier County Development Services 2800 North Horseshoe Drive Naples,FL 34104 RE: Artesa Pointe PUD (Ordinance 03-46) Comparable Use Application for Beauty Shop (SIC 7231)and Barber Shop (SIC 7241) Dear Mr.Ray Bellows, The Artesa Pointe PUD is located on the east side of Collier Boulevard approximately Y2 mile south of Tamiami Trail East in Collier County, FL.The existing PUD is partially developed with an existing Walmart Superstore, a Murphy USA gasoline station, and a commercial building located on an outparcel.There are two (2) undeveloped outparcels remaining. This application is for a Comparable Use Determination for a Beauty Shop (SIC 7231) and Barber Shop (SIC 7241) within the Artesa Pointe PUD. Specifically these uses are being requested to allow a 1,200 SF nail salon and a 1,230 SF barber shop in the existing commercial building located on an outparcel in the PUD with frontage on Collier Boulevard. Enclosed please find the following items for the above referenced project application: 1. Cover Letter-submitted electronically 2. Check made payable to the Collier County Board of County Commissioners totaling $1,925.00 3. Comparable Use Determination Application-submitted electronically 4. Affidavit of Authorization-submitted electronically 5. Comparable Use Determination Narrative-submitted electronically 6. PUD Boundary and Aerial Exhibit-submitted electronically 7. Transportation Trip Generation Comparison-submitted electronically 8. Artesa Pointe PUD (03-46) Ordinance-submitted electronically Should you have any questions,or require any additional information,please contact our office. Sincerely, Attachment B Kristina M.Johnson,P.E. Director of Land Development J.R. EVANS ENGINEERING 9351 CORKSCREW ROAD, STE. 102/ESTERO, FL 33928/239.405.9148 (p)/239.288.2537(f) WWW.JREVANSENGINEERING.COM `� II J.R, EVANS ENGINEERING ARTESA POINTE PUD ZONING VERIFICATION LETTER- COMPARABLE USE DETERMINATION On behalf of Rook of Naples I, LLC, I am requesting a determination from the Planning Manager and approval from the Office of the Hearing Examiner,that the use of"Beauty Shop" (SIC Code 7231) and "Barber Shop" (SIC 7241) are comparable and compatible with the permitted Non-Regional Commercial Uses in the Artesa Pointe PUD. The Artesa Pointe PUD is located on the east side of Collier Boulevard approximately 1/2 mile south of Tamiami Trail East in Collier County, FL. The Artesa Pointe PUD is located within the Henderson Creek Mixed Use Subdistrict on the Collier County Future Land Use Map. The subject property was re-zoned as the Artesa Pointe PUD in 2003 with residential and commercial uses.The permitted Non- Regional Commercial Land Uses in the Artesa Pointe PUD include uses that are allowed by right in both the C-1 and C-2 zoning districts.Although Beauty Shop (SIC 7231) and Barber Shop (SIC 7241) are not listed in the Artesa Pointe PUD these uses are allowed in the C-1 zoning district in the Collier County Land Development Code.This request is not for a Beauty School or Barber School. Beauty Shop and Barber Shop are similar in nature to many of the other permitted Non-Regional Commercial Uses in the Artesa Pointe PUD such as"Apparel and Accessory Stores","Business Services', and "Drug Stores"(SIC 5912)which offer personal services and products to the general public during conventional business hours of operation of 9am-6pm. In addition to these similarities the Beauty Shop and Barber Shop external impacts are equally similar with the other permitted Non-Regional Commercial Uses in the Artesa Pointe PUD.Specifically the Beauty Shop and Barber Shop: 1. Have minimal vehicle trips,insignificant compared to"Eating Places"and "Banks". 2. There are no kitchens or outdoor dumpsters that would create off site impacts due to odor. 3. The use is not characterized as a generator of noise of any significance. Additionally, the Beauty Shop and Barber Shop uses are compatible with other uses in the PUD as evidenced with the existing Walmart Superstore.The existing Walmart Superstore currently offers a hair salon internal to the store. (Allowed as an accessory use to the general merchandise principal use). Further Beauty Shop and Barber Shop uses are compatible with the surrounding properties as evidenced with the existing C-3 and C-4 zoned properties to the north and south of the subject PUD, with frontage on Collier Boulevard, which allow Beauty and Barber shops along with other more intense commercial uses. J.R. EVANS ENGINEERING 9351 CORKSCREW ROAD, STE. 102/ESTERO, FL 33928/239.405.9148(p)/239.288.2537(f) WWW.JREVANSENGINEERING.COM The Land Development Code defines compatibility as follows: "...pertains to issues ofcompatibility with surroundinguses, complimentary p p �' p � ry patterns of development and mitigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening,and orientation of buildings and ancillary facilities..." As stated above,many of the typical external impacts that are created with commercial development are not an issue with Beauty Shop and Barber Shop uses. Dumpsters will not contain kitchen waste as an eating place would;pedestrian connectivity will be maintained similar to any other commercial use; lighting is similar to other business/retail establishments,and the architectural and site design are similar to other business/retail establishments and meet the Collier County Land Development code requirements. J.R. EVANS ENGINEERING 9351 CORKSCREW ROAD, STE. 102/ESTERO, FL 33928/239.405.9148 (p)/239.288.2537(f) WWW.JREVANSENGINEERING.COM it PUD Bounda and Aerial E ' o Y.1.00.1 1 Ir up 1 ( g k r4 IS1lopIn ,5 ; l' ii ilii ill !1xi 6 $t NPI.. i Q fi T. f ! i lim: 1 ¢, Q g a. hi.. E • . . , , ,.. If ll illit IPUD BOUNDARY , :p: :� g 3 i ll , � / 0 'lini. . a Mi / 0, 4 /i /1 hS iiii..Y /(// / a R[ ��,`� 1 c....4 2i 0/ / ii i :...i.1::... . .-1 ' di Li , 1 1 il k /., // / //'; Wet£O-W LO COMO7J90'd'JW'ff+0.40P611NIOdV5314YtNU)NSMON3 4 O --...,,,„. f 11..,::.„- w tib r 1:.,,.t..,04,.4: r� H '. :14+'in'I,,:f.,i.1';'4'2:'.'t V it '1'''ill? ''''' .;.:::',:#''''' Jill'''. 1 ' f 4 - r ..., 0:, s "° it, ttimit ` eLik �h t. ° ill",''' Il, �• RESIDENTIAL �� %e' :PORTION . *,: '. �' d , e tY ° # �� ' ` E , v ,01 .� � �a �, cul° p - . .. -. -_,- • , - ri....oty....410.1 . Fa . `WALMART t d _ t X41 ....w. a i 4` ird t ay='"44 '4 a,,'!f J,�dP �YA� -9M " P . .A,-.„,..,..„72...,:: =fid I 11 11 IR NU. ... e «.a � ,$k ,1' 9 µ. � fit! UNDEVELOPED MURPHY'S OIL COMMERCIAL BUILDING (NAIL SALON AND BARBER SHOP PROPOSED HERE) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20170001085 I, Blair G Schlossberg (print name), as Manager (title, if applicable)of Rook at Naples I,LLC (company, if applicable),swear or affirm under oath,that I am the(choose one)owner ✓ applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 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 J.R.Evans Engineering,P A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member" • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, 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. ,07),-/gr aa I.cZ..01q- Signatures-'- 4ate STATE OF FLORIDA Ge t COUNTY OF GO±tER"' A\ ' The foregoing instrument was sworn to(or affirmed)and subscribed before me on b-I J5 I1 (date)by RAM r ClAkOSSIiC,.t' (name of person providing oath or affirmation), as iOA 0, j, v who is personally known to me or who has produced (type of identiation)as identification. sr RANT 'a Notary No Signa tary Public QY • b . •/ vcp w . py0 ° 0• EXP. cr\os�c`t1?,S Ca` RPir;rr,tffit", REV 3/24/14 C Ofht e County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Verification Letter ZoningComparable Use Determination Chapter 3-G:6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED PUD Zoning District Straight Zoning District . • APPLICANT CONTACT INFORMATION s Name of Applicant(s): Moshe Manoah, Rook at Naples I, LLC 4828 Ashford Dunwoody Road#400 City: Atlanta Address: State: GA ZIP: 30338 Telephone: 770.391 .1233 Cell: Fax: E-Mail Address: epearson@crownhgroup.com Name of Agent: Kristina Johnson Firm: J.R. Evans Engineering 9351 Corkscrew Road Ste 102 City: Estero FL zip: 33928 Address: State: Telephone: 239-405-9148 Cell: Fax: 239-288-2537 E-Mail Address: KJohnson©jreeeng.com •• PROPERTVil1/41FORMATION Site Address: 6654 Collier Blvd, Naples 34114 Folio Number: 81076000082 R Property Owners Name: Rook at Naples I, 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 is comparable and compatible with the permitted uses in the PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 Cartier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 ,,:...z .,_ 4 ;.... .. §: BIVIIT#'A0iEQUIREMth'Tt k See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED - Completed Application (download current form from County El ri — website) _ Determination request and the justification for the use X PUD Ordinance and Development Commitment information x Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all [ n materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. — FEE REQUIREMENTS: El 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. X Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissione The completed application,all required submitt. aterials,and the permit fee shall be submitted to: Growth Manage • -nt Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Si n No, _ t ` Applicant • • .ture Date Moshe 4anoah 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 at 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 made 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 BeasleyRachel From: Kristina Johnson <KJohnson@jreeng.com> Sent: Thursday, April 20, 2017 1:53 PM To: BeasleyRachel Subject: FW: Comparable Use Application (CUD)-Artesa Pointe PUD Rachel-see below Kristina M.Johnson, P.E. Director of Land Development J.R. Evans Engineering, P.A. 9351 Corkscrew Road, Suite 102 Estero, Florida 33928 o: 239.405.9148 c: 239.285.6999 www.jrevansengineering.com J.R. EVANS ENGINEERING COPYRIGHT AND DISCLAIMER PROVISION:This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The electronic data contained herein may be subject to change without notice. The responsibility for the accuracy of current conditions and/or digital transfers is solely that of the user. From: BellowsRay [mailto:RayBellows@colliergov.net] Sent: Friday, March 10, 2017 3:50 PM To: BrethauerPaula <PaulaBrethauer@colliergov.net>; BeasleyRachel<RachelBeasley@colliergov.net>; Kristina Johnson <KJohnson@jreeng.com> Cc: PaulRenald <RenaldPaul@colliergov.net>;TriminoEvelyn <EvelynTrimino@colliergov.net>; SernaBritoAlma <AlmaSernaBrito@colliergov.net> Subject: R • om•arable Use Application (CUD)-Artesa Pointe PUD Yes, a waiver of the pre-app has been approved. Rag Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department—Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 er C.-aunty From: BrethauerPaula �l' Sent: Friday, March 10, 2017 10:32 AM To: BeasleyRachel; BellowsRay; Kristina Johnson o r BeasleyRachel From: Kristina Johnson <KJohnson@jreeng.com> Sent: Friday, April 28, 2017 1:41 PM To: BeasleyRachel Subject: RE: Artesia pointe PUD Rachel, Our client has both a SuperCuts and a Nail Salon tenant interested in leasing a space. I confirmed that the ITE handbook does not have a nail salon category and the closest trip data is for hair salon. Please let me know if you have any other questions. Thanks, Kristina M.Johnson, P.E. Director of Land Development J.R. Evans Engineering, P.A. 9351 Corkscrew Road,Suite 102 Estero, Florida 33928 o: 239.405.9148 c: 239.285.6999 www.jrevansengineering.com J.R. ...VANS ENGINEERING COPYRIGHT AND DISCLAIMER PROVISION:This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The electronic data contained herein may be subject to change without notice. The responsibility for the accuracy of current conditions and/or digital transfers is solely that of the user. From: BeasleyRachel [mailto:RachelBeasley@colliergov.net] Sent:Thursday,April 27, 2017 11:19 AM To: Kristina Johnson <KJohnson@jreeng.com> Subject: RE:Artesia pointe PUD In the trip generation comparison the term "nail salon" is used—is that synonymous with beauty salon? Is this going to be a Super Cuts?Thanks! From: Kristina Johnson [mailto:KJohnson@jreeng.com] Sent: Wednesday, April 26, 2017 8:10 AM To: BeasleyRachel <RachelBeasley@colliergov.net>; StrainMark<MarkStrain@colliergov.net> Cc: Chris Mitchell <cmitchell@jreeng.com> Subject: RE:Artesia pointe PUD 1 BeasleyRachel From: Kristina Johnson <KJohnson@jreeng.com> Sent: Thursday, April 20, 2017 3:12 PM To: StrainMark; BeasleyRachel Subject: Artesia pointe PUD Mark and Rachel, I'm following up to our conversation on the Artesia Pointe PUD. The comparable use determination was found to be the appropriate permitting route to allow beauty shop and barber shop uses for the Artesia Pointe PUD for the following reasons: 1. Section 2.03.00.A states that a. "In any zoning district, where the list of permitted and conditional uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted and conditional uses,which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in section 1.06.00, interpretations, of this LDC." 2. Although this "phrase" is not located within the Artesia Pointe PUD it is located in the Commercial Zoning District under Section 2.03.03.A.1.a.41. a. "Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office." What I recall discussing in our meeting from March 2017 was that the "phrase"was added to each zoning district to allow the Comparable Use Determination to be made for all zoning districts including PUDs. Please let me know if you have any questions. Thanks, Kristina M.Johnson, P.E. Director of Land Development J.R. Evans Engineering, P.A. 9351 Corkscrew Road,Suite 102 Estero, Florida 33928 o: 239.405.9148 c: 239.285.6999 www.jrevansengineering.com J.R. E V ANS ENGINEERING COPYRIGHT AND DISCLAIMER PROVISION: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The 1 JR, EVANS ENGINEERING ARTESA POINTE PUD TRIP GENERATION COMPARISON The comparison summary below along with the enclosed trip generation calculations illustrate that the proposed land use (i.e., Beauty Shop and Barber Shop)will generate substantially less trips than other approved land uses within the Artesa Pointe PUD. By adding the land use to the PUD in order to operate a 1,200 SF nail salon and 1,120 SF barber shop (total of 2,320 SF) in the existing commercial building will displace other approved land uses, which will result in less impact to the adjacent road network. Proposed Development Trips vs.Permitted Development Trips Daily AM Peak Hour PM Peak Hour Use (Based on 2,320 SF) (ADT) (vph) (vph) Drive-in Bank 182 15 30 High turnover restaurant 168 14 13 Permitted Fast Food restaurant w/ drive thru window 587 54 39 Coffee/Donut shop w/drive thru 949 117 50 Proposed Hair Salon 3 3 As shown above,the proposed Beauty Shop and Barber Shop will generate substantially less trips than other approved land uses within the PUD.Adding these land uses to the PUD and allowing the nail salon and barber shop to be constructed results in less impacts to the adjacent road network. J.R. EVANS ENGINEERING 9351 CORKSCREW ROAD, STE. 102/ESTERO, FL 33928/239.405.9148(p)/239.288.2537(f) r" WWW.JREVANSENGINEERING.COM TABLE 1 TRIP GENERATION COMPUTATIONS Land Use Code Land Use Description Build Schedule 912 Drive-in Bank 2,320 s.f. 918 Hair Salon 2,320 s.f. 932 High-Turnover Restaurant 2,320 s.f.934 Fast Food Restaurant w/ Drive Thru Window 2,320 s.f. r-9? 937 Shop Coffee DonutDrive-thru 2,320 s.f. / w/ Land Use Trip Generation Equation Code Trip Period .(Based upon S.f.) Total Trips Trips Enter/Exit LUC 912 Daily Traffic(ADT)= T= 148.15(X)= 344 ADT AM Peak Hour(vph) = T= 12.08(X)= 28 vph 16 / 12 vph 57% Enter/43% Exit= PM Peak Hour(vph)= T=24.3(X)= 56 vph 28 / 28 vph 50% Enter/50% Exit= Pass-by Trips per ITE= 47% 47% Pass-by Rate New Daily Traffic(ADT) = (ADT)x(%of New Trips) 182 ADT New AM Peak Hour(vph)= (AM)x(%of New Trips) 15 vph 8 / 6 vph 57%Enter/43% Exit= New PM Peak Hour(vph) = (PM)x(%of New Trips) 30 vph 15 / 15 vph 50%Enter/50% Exit= ********************************************************************************* LUC 918 Daily Traffic(ADT)= N/A N/A ADT AM Peak Hour(vph) = T= 1.21(X) = 3 vph 3 / 0 vph 100% Enter/0% Exit= PM Peak Hour(vph) = T= 1.45(X)= 3 vph 1 / 2 vph 17% Enter/83% Exit= ********************************************************************************* LUC 932 Daily Traffic(ADT)= T= 127.15(X)= 295 ADT AM Peak Hour(vph) = T= 10.81(X)= 25 vph 14 / 11 vph 55% Enter/45%Exit= PM Peak Hour(vph) = T=9.85(X) = 23 vph 14 / 9 vph 60% Enter/40%Exit= Pass-by Trips per ITE= 43% 43% Pass-by Rate New Daily Traffic(ADT) = (ADT)x(%of New Trips) 168 ADT New AM Peak Hour(vph)_ (AM)x (%of New Trips) 14 vph 8 / 6 vph 55% Enter/45% Exit= New PM Peak Hour(vph)= (PM) x(%of New Trips) 13 vph 8 / 5 vph 60% Enter/40%Exit= Page 1 of 2 TABLE 1 TRIP GENERATION COMPUTATIONS LUC 934 Daily Traffic(ADT)= T=496.12(X)= 1,151 ADT AM Peak Hour(vph) = T=45.42(X)= 105 vph 54 / 52 vph 51% Enter/49% Exit= PM Peak Hour(vph) = T=32.65(X) = 76 vph 39 / 36 vph 52% Enter/48% Exit= Pass-by Trips per 1TE= 49% 49% Pass-by Rate New Daily Traffic(ADT) = (ADT)x(%of New Trips) 587 ADT New AM Peak Hour(vph) = (AM)x(%of New Trips) 54 vph 27 / 26 vph 51% Enter/49% Exit= New PM Peak Hour(vph) = (PM)x(%of New Trips) 39 vph 20 / 19 vph 52%Enter/48% Exit= ********************************************************************************* LUC 937 Daily Traffic(ADT) = T=818.58(X)= 1,898 ADT AM Peak Hour(vph)= T= 100.58(X)= 233 vph 119 / 114 vph --. 51%Enter/49% Exit= PM Peak Hour(vph) = T=42.8(X) = 99 vph 50 / 50 vph 50% Enter/50%Exit= Pass-by Trips per 1TE= 50% 50% Pass-by Rate New Daily Traffic(ADT) = (ADT)x(%of New Trips) N/A ADT New AM Peak Hour(vph)= (AM)x(%of New Trips) 117 vph 60 / 57 vph 51%Enter/49%Exit= New PM Peak Hour(vph)= (PM)x(%of New Trips) 50 vph 25 / 25 vph 50%Enter/50% Exit= Page 2 of 2 SZO9L O O w() 0 j O E O JO o N n z Z 0- 3nIWO NOS83UN3H )-" M Cj M _ .rte.. 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THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH �tZOZ6t�1> INCLUDES THE COMPREHENSIVE ZONING REGULATIONS: �� FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1603S AND BY CHANGING THE ZONING ..1 CLASSIFICATION OF THE HEREIN DESCRIBED REAL. PROPERTY FROM "RSF-3" AND "PUD" TO "PUD" PLANNE17.. UNIT DEVELOPMENT KNOWN AS .j$TESA POINTE PUDE FOR.. -- PROPERTY LOCATED ON THE EAST SIDE OF COLLIEI • BOULEVARD (CR-951) AND THE SOUTH SIDE OF U.S. 41 (TAMIAMI TRAIL) EAST, IN SECTION 03, TOWNSHIP 51 • SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 82± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 02-15, THE HENDERSON CREEK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor and Associates, representing Gateway Shoppes II, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "RSF-3" and "PUD" to "PUD" Planned Unit Development in accordance with the Artesa Pointe PUD Document, attached hereto as Exhibit "A", which is incorporated by reference herein and by reference made part hereof.. The Official Zoning Atlas Map numbered 1603S, as described in Ordinance Number 91-102, and the Collier County Land Development Code,is hereby amended accordingly. SECTION TWO; Ordinance Number 02-15, known as the Henderson Creek PUD, adopted on March 26, 2002,by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. _1- 2 3 L b c-_ . ..._._.. ......... ........ ..... ... ........ ..... .... ......... ... ... ._.... PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 234 day of .5f> Z2rrtbWr ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER CO Y,FLO DA ATTEST: BY: •t:a �tfi � A TOM HENNING,CHAIRMAN • 'DIVIGFIT'E BROCK,CLEER9-23 03 tttit ii't'htft : tQnaa :oe�' Approved at to'Form Thy Fotdinonce filed with the ' S at 's Office rhe doy of 2Ckz3 end ocknowledgement of that << -“za - filin received thisday Matioriel Student pf•1 � Assistant County Attorney UDZ-2003-AR-3860/RB/lo r -2- Artesa Pointe A PLANNED UNIT DEVELOPMENT 82±Acres Located in Section 3, Township 51 South,Range 26 East, Collier County, Florida PREPARED FOR: Gateway Shoppes II, LLC PREPARED BY: D. Wayne Arnold, AICP Q.Grady Minor&Associates 3800 Via Del Rey Bonita Springs,Florida 34134 And Richard D. Yovanovich Goodlette,Coleman&Johnson 4001 Tamiami Trail North, Suite 300 Naples, Fl 34103 EXHIBIT"A" F:WUD DocumentslAnesa Pointe 9-03-03.DOC 9/3/2003 it p"""\ TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL 3-1 SECTION IV COMMERCIAL 4-1 SECTION V PRESERVE/OPEN SPACE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 EXHIBIT A PUD MASTER PLAN EXHIBIT B BERM/WALL CROSS-SECTION F:WUD Documents1Artcsn Pointe 9-03-03.DOC 9/3/2003 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Gateway Shoppes, LLC, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 82± acres of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Artesa Pointe. The development of Artesa Pointe will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the growth policies and land development regulations adopted pursuant to of the Growth Management Plan, Future Land Use Element (FLUE)and other applicable regulations for the following reasons: 1. The subject property is located in the Henderson Creek Mixed-Use Subdistrict as identified on the Future Land Use Map. The Subdistrict provides for a maximum of 360 residential dwellings and 325,000 square feet of commercial development. A minimum of 200 dwelling units shall be developed as affordable housing units. 2. The proposed residential density of the Artesa Pointe PUD is 5.96 dwelling units per acre based on approximately 47 acres of non-commercial area, and approximately 8.5 dwelling units/acre based on 33± acres of residential uses, and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE,Policy 5.1. The entire property qualifies for a base density of three(3)units per acre. Through the affordable housing density bonus provisions of the GMP, eight (8) dwelling units per acre may be added to the base density. Base density 4 dwelling units/acre Traffic congestion area -1 dwelling unit/acre Affordable housing density bonus 5.5 dwelling units/acre Total eligible density 8.5 dwelling units/acre(280 units) Maximum permitted density 11 dwelling units/acre Requested density 5.96 dwelling units/acre=280 units The maximum amount of permitted commercial space shall be 325,000 square feet of gross leasable area. 3. Improvements are planned to be in compliance with the applicable land development regulations as set forth in Objective 3 of the FLUE. 4. The development of the Artesa Pointe PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.of the FLUE. 5. The Artesa Pointe PUD is a master planned mixed-use community and is planned to encourage ingenuity, innovation and imagination as set forth in the Land Development Code(LDC),Planned Unit Development District. F:\PUD Doeuments\Artesa Pointe 9-03-03.DOC 9/3/2003 Iv 6. The Artesa Pointe PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the GMP. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the LDC. 8. The Artesa Pointe PUD is consistent with the Henderson Creek Mixed Use Subdistrict of the FLUE. FAPUD DocumenislArtesa Pointe 9-03-03.D0C 9/3/2003 r V SHORT TITLE This Ordinance shall be known and cited as the "ARTESA POINTE PLANNED UNIT DEVELOPMENT ORDINANCE". F:1PUD Documents'Artesa Pointe 9-03-03.DOC 9/3/2003 1-I /^1 SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Artesa Pointe PUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A parcel of land located in Section 3,Township 51 South,Range 26 East,Collier County, Florida being more particularly described as follows: Commence at the East quarter corner of Section 3, Township 51 South, Range 26 East, Collier County, Florida; thence run south 00°41'50" west, along the east line of the southeast quarter of said Section 3,for a distance of 1,361.72 feet to a point on the southerly right-of-way line of U.S. 41 (State Road 90) (200 foot right-of-way); thence run north 54°20'16" west, along said southerly right-of-way line, for a distance of 966.32 feet to a point on the westerly line of a 100 foot wide drainage easement a recorded in Official Records Book 76 at Pages 127 through 129, of the Public Records of Collier County, Florida; the same being the point of beginning; thence run South 20°16'12" west, along said westerly line, for a distance of 203.10 feet to the beginning of a tangential circular curve concave northwesterly; thence run southwesterly along said westerly line and the arc of said curve to the right, having a radius of 2,799.93 feet; through a central angle of 09°43'48"; subtended by a chord of 474.91 feet at a bearing of south 25°08'06"west,for an arc length of 475.48 feet to the end of said curve;the same being a point on the north line of the south half of the south half of said Section 3; thence run north 89°26'59" west, along said north line for, a distance of 2,833.22 feet to a point on the easterly right-of-way line of Isle of Capri Road (State Road 951) (right-of-way varies); thence run north 02°28'03"east, along said easterly line, for a distance of 1,284.83 feet; thence, leaving said right-of-way line, run the following four(4) courses along the lines of the property described in Official Records Book 2529 at Pages 1377 and 1378 north 90°00'00" east for a distance of 100.09 feet; thence run north 02°28'03" east for a distance of 136.68 feet; thence run north 04°09'46" east for a distance of I63.91 feet; thence run south 89°55'57"east for a distance of 867.08 feet to a point that is a distance of 400.00 feet southerly of and parallel with the aforementioned southerly right-of-way line of U.S. 41 (State Road 90) (200 foot right-of- way); thence run south 54°20'16" east for a distance of 1,654.49 feet; thence run north 35°39'44" east for a distance of 400.00 feet to a point on the said southerly right-of-way line of U.S. 41; thence run south 54°20'16" east, along said line, for a distance of 600.00 feet to the point of beginning,containing 81.886 acres, more or less. rte. F:\PUD DocumentsVutesa Pointe 9-03-03.DOC 913/2003 1-2 Together with a non-exclusive ingress/egress easement over Parcel "A-I"as it is described in Agreement for Non-exclusive Ingress/egress Easement recorded in Official Records Book 2529,Page 1389,of the Public Records of Collier County,Florida 1.3 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 3,Township 51 South, Range 26 East. The site is generally bordered on the west by S.R. 951 and the Eagle Creek PUD District; on the north by undeveloped C-4 and A zoned property; on the east by Henderson Creek; and on the south by the Holiday Manor Mobile Home Park,zoned MH. B. The zoning classification of the subject property at the time of PUD application is RSF-3 and PUD. C. Elevations within the site are approximately 3.5 feet to 4.5 feet above MSL. Per FEMA Firm Map Panel No. 120067 605 E and 615 E, dated August 3, 1992, the Artesa Pointe PUD is located within AE 7 of the FEMA flood insurance rate map. D. Approximately 33% of the site is abandoned agricultural field. The remainder is naturally forested with pine flatwoods and pine-cypress-cabbage palm. E. The soil types on the site generally include 02 — Holopaw fine sand, limestone substratum, 10 — Oldsmar fine sand, limestone substratum, 11 — Hallendale fine sand, 14—Pineda fine sand, limestone substratum,20—Ft. Drum and Malabar,high fine sands,27—Holopaw fine sand,and 32—Urban land as defined by the NRCS. F. The project site is located within the Collier County Water Management District Henderson Creek Watershed. 1.4 PERMITTED VARIATIONS OF DWELLING UNIT TYPES. A maximum of 280 dwelling units are permitted within the Artesa Pointe PUD. This maximum may include a mix of single-family, two-family, duplex, zero lot line, patio, townhome and multi-family dwelling unit types. 1.5 DENSITY A. The acreage of the residential and open space portions of the PUD are approximately 47± acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 280 units through use of the affordable housing density bonus as set forth in the Density Rating System of the FLUE of the GMP. The gross project density,shall be a maximum of 5.96 units per acre. F:\PUD Documents\Ariesa Pointe 9-03-03 DOC 9/3/2003 1-3 B. At all times, all property included within the Artesa Pointe PUD as residential or open space shall be included in determining project density, including lands to be reserved for road right-of-way as part of the PUD rezoning process. • F:1PUD Documents\Artcsa Pointe 9-03-03.130C 9/3/2003 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Artesa Pointe PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Artesa Pointe PUD will be developed as a mixed-use community which may feature a full array of commercial uses, residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities,and personal services,central to community residents. B. The Conceptual Master Plan is illustrated graphically as Exhibit"A", A Land Use Summary indicating approximate land use acreages is shown on the plan. The Master Plan is conceptual,and the location,size,and configuration of the individual recreational area, water management features, and development tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Subsection 3.2.7.2 and more particular Section 3.3 of the LDC. C. The Artesa Pointe PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE and the Henderson Creek Mixed Use Subdistrict of the FLUE. 23 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Artesa Pointe PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements, such as but not limited to, final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD,these standards shall prevail over those. in the LDC. F:1PUD Documents Artcsa Pointe 9-03-03.DOC 9/3/2003 2-2 B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD shall be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Artesa Pointe Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Artesa Pointe PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code,Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Artesa Pointe PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code,Section 3.3.4. H. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type,the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. 2.4 ROADWAYS Roadways within the Artesa Pointe PUD may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Subsection 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. The primary access road, loop road connecting U.S. 41 with S.R. 951, shall not be gated,and shall remain open to the public. 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Subsection 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All F_WUD DocumentsWtesa Pointe 9-03-03.DOC 9/3/2003 2-3 lakes greater than two(2) acres may be excavated to the maximum commercial excavation depths set forth in Subsection 3.5.7.3.1. and subject to permit approval of the South Florida Water Management District Removal of fill and rock from the Artesa Pointe PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum),unless a commercial excavation permit is issued. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO PUB DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Subsection 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a property owners' association. The Developer shall create a property owners' association or associations,whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving the Artesa Pointe,in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. F:1PUD DocumentMnesa Pointe 9-03-03.DOC 9/3/2003 2-4 2.9 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Artesa Pointe PUD. Landscape buffers shall be provided consistent with the minimum criteria for mixed-use activity centers, and as required by the Henderson Creek Mixed-use Subdistrict. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms • Perimeter 3:1 Internal to project 3:1 3. Structural walled berms-vertical B. Fence or wall maximum height: Six feet(6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation,except as noted in Section 2.9.G of this PUD Document. All fences shall be subject to the design standards of Section 2.6.11 of the LDC. C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Artesa Pointe PUD boundary with County Staff approval at the time of preliminary subdivision plat, site development plan, or site improvement plan approval. D. Fences and walls which are an integral part of security and access control structures, such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures. E. Pedestrian sidewalks and/or bike paths may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer,the landscape buffer shall be increased in width equal to the encroachment in that location. F. Landscape berms located within the Artesa Pointe PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is set back a minimum 5 feet from the property Iine and/or right-of-way line. The berm and wall identified in Section 2.9.G of this PUD shall be designed in compliance with Exhibit"B"of the PUD. G. Concurrent with development of each tract, a minimum 6 foot high precast concrete (or similar material) wall shall be constructed within the buffer along the southern property boundary adjacent the residential tract and an 8 foot high precast concrete F:\PUD Documcnts\Aztesa Pointe 9-Q3-03.DOC 9/3/2003 2-5 wall (or similar material) shall be constructed within the buffer, adjacent the commercial tract(s). The walls must be constructed on a minimum 3 foot high berm). Within the Preserve Area, a chain link (or similar material) fence shall be constructed parallel to the southern property line. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Artesa Pointe PUD. Fill material generated from other properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the Developer shall receive approval by the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence; otherwise,a 4:1 side slope shall be required. II B. Stockpile maximum height: Twenty feet (20)'. No stockpile shall remain for a period longer than one year. C. Soil erosion control shall be provided in accordance with LDC,Division 3.7. 2.11 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. Both commercial and residential development shall be designed in compatible architectural styles and the project shall contain similar landscaping, buffers, and signage. 2.12 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 233 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Artesa Pointe PUD except in the Preserve/Open Space Area General permitted uses are those uses which generally serve the Developer and residents of the Artesa Pointe PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: F:1PUD DocumentslArtesa Pointe 9-03-03.DOC 9/3/2003 2-6 1. Essential services as set forth under LDC, Subsection 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses,gatehouses,and access control structures. 5. Community and neighborhood parks,recreational facilities. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.10 of this PUD. B. Development Standards: Unless otherwise set forth in this Document, or as noted in Table I, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards and Subsection 4.5.A.4 of this PUD. 3. Minimum distance between unrelated structures-Ten feet(10'). 4. Maximum height of structures - See Table 1, Development Standards and Section 4.5.0 of this PUD. 5. Minimum floor area-None required. 6. Minimum lot or parcel area-None required. FAIPUD Documents\Artesa Pointe 9-03-03.DOC 9/3/2003 • 2-7 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the appropriate sections of the LDC in effect at the time of site development plan approval. 2.14 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed-use projects maintain open space at a minimum of 30% of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 30% open space requirement of Section 2.6.32 of the LDC for mixed-use developments. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Growth Management Plan, a minimum of 25% of the viable naturally functioning native vegetation on site shall be retained,which is 13.755 acres. 2.16 SIGNAGE All signs will be in accordance with Division 2.5 of the LDC in effect at time of their permitting, unless otherwise specified herein within the Artesa Pointe PUD. A. Exception from Subsection 2.5.5.1.6 On-Premises Signs within Residential District. In addition to other permitted residential signs in Section 2.5 of the LDC,one pole or monument directory sign which identifies the name of the commercial component of the PUD and individual tenant(s)within the commercial component as well as the residential development may be located at the project entrance on U.S. 41 East. The sign shall not exceed a maximum of 150 square feet in sign copy area and shall not exceed 15 feet in height. The minimum setback from U.S. 4I shall be 15 feet. 2.17 SIDE WALKS/13IKEPATHS A. Pursuant to LDC Subsection 3.2.8.3.17 and Section 2.9 of the Artesa Pointe PUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. F:PUD DocumentslAtusa Pointe 9-03-03.DOC 9/3/2003 2-8 2. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment,at the point of encroachment. 2.18 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Subsection 3.2.7.2 of the LDC. B. The proposed primary entry road shall be designed and constructed in accordance with Section 3.2.8 of the LDC. Other roadways within Artesa Pointe shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: C. Streets and access improvements 1. LDC Subsection 3.2.8.4.16.5,Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Two-way drive aisles serving multi-family tracts or commercial tracts shall be a minimum of twenty-four (24) feet. Minimum right-of-way width for the loop road shall be sixty(60)feet. 2. LDC Subsection 3.2.8.4.16.6,Dead-end Streets Cul-de-sacs may exceed a length of one thousand(1,000)feet. 3. LDC Subsection 3.2.8.4.16.8,Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five(35) foot radius for intersections at project entrances. 4. LDC Subsection 3.2.8.4.16.10,Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. F:\PUD DocumcnutArtesa Pointe 9-03-03.DOC 9/312003 2-9 5. LDC Subsection 3.2.8.3.17,Sidewalks,bike lanes and bike paths • A sidewalk six (6) feet in width or an eight (8) foot wide multimodal pathway shall be provided on one side of the loop road connecting U.S. 41 and S.R.951. 6. LDC Subsection 3.2.8.3.17 S,' j tva.l 1 s, b' l'<t lac 6"61 bale pins A sidewalk five(5)feet in width shall be provided on one side only of local streets. • F.TUD Documcnts\Artesa Pointe 9-03-03.DOC 9!3/2003 3-1 SECTION III RESIDENTIAL "R" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Artesa Pointe PUT)designated on the Master Plan as"R",Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of two hundred and eighty (280) residential dwellings may be constructed within the areas designated "R" on the Conceptual Master Plan. A minimum of two hundred (200) dwelling units shall qualify as affordable housing under Collier County guidelines for affordable housing, and subject to the approved companion Collier County Affordable Housing Density Bonus Agreement. 3.3 GENERAL DESCRIPTION Areas designated as"R,"Residential on the Master Plan are designed to accommodate a full range of residential dwelling types and general permitted uses as described by Section 2.13 of this PUD Document, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate internal roadways,open spaces,and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES All residential dwellings shall be offered as for-sale product. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family attached, and townhomes (no building structure for single family attached or townhomes shall contain more than 4 dwelling units). 2. Single family and zero lot line dwellings. 3. Two-family and duplex dwellings. F:1PUD Documents\Artesa Points 9-03-03.DOC 9/3/2003 3-2 4. Multi-family dwellings including coach homes and garden apartments (no building structure shall contain more than 4 dwelling units). 5. Model homes and model home centers (subject to Section 2.6.33 of the LDC)Offices for project administration,construction,sales and marketing. 6. Recreational facilities such as parks,playgrounds,and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in this subdistrict, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other accessory use, which is comparable in nature with the foregoing list of uses, as determined by the Board of Zoning Appeals(BZA). 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Artesa Pointe PUD residential area. B. Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein,are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in. Table I shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. During the platting process, the Developer shall identify the specific housing type intended for each platted tract. F. Single-family attached dwellings shall be permitted to have individual driveways on private roadways. • G. All residential development shall comply with the minimum landscape standards required in Section 2.4 of the LDC. �-. H. All dwelling units shall be required to have a minimum of a single-car garage. F:\PUD Documents\Attesa Pointe 9-03-03.DOC 9/3/2003 3-3 TABLE 1 DEVELOPMENT STANDARDS FOR "R"RESIDENTIAL AREA DEVELOPMENT SINGLE- ZERO MULTI- CLUBHOUSE/ STANDARDS FAMILY LOT LINE FAMILY\ RECREATION ATTACHED PATIO\VILLA BUILDINGS BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 1 ACRE N/A MINIMUM LOT WIDTH 25 FEET 40 FEET 150 FEET N/A MIN.FLOOR AREA 1,000 S.F. 1,000 S.F. 450 S.F. N/A FRONT YARD10•'r 20 FEET 20 FEET 20 FEET N/A SIDE YARD 5 FEET.7 0 FEET or ' 15 FEET N/A '7.5 FEET'.7 5 FEET'.7 or%2 BH REAR YARD 15 FEET 15 FEET 15 FEET N/A PRESERVE SETBACK9 PRINCIPAL STRUCTURE 25 FEET 25 FEET 25 FEET 25 FEET ACCESSORY STRUCTURE 10 FEET 10 FEET 10 FEET 10 FEET MIN.DIST. BETWEEN STRUCTURES 10 FEET 10 FEET 15 FEED N/A i 5 FEET' r. MAX.BLDG.HT. 35 FEET" 35 FEET 3.6 35 FEET' N/A ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S.7•B S.P.S.7•' S.P.S.7•' 0,OR 5,OR 7.5 FEET" REAR (ATTACHED) 5 FEET' 5 FEET' 10 FEET' 5 FEET' (DETACHED) 5 FEET' 5 FEET' 20 FEET' 5 FEET' PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MAX.BLDG.HT. 35 FEET 5'6 35 FEET" 35 FEET" 35 FEET" 'Applicable to single story dwelling units. 2 Applicable to two story dwelling units. 'Zero foot(0')minimum side yard setback on either or both sides,provided a minimum IO foot separation between principal structures is maintained. °15 feet,or one half of the sum of the heights of adjacent buildings,measured from the exterior walls,whichever is greater. s Building height shall be measured from the first finished floor elevation. 6 Maximum height is 2 stories,not to exceed 35 feet,above the minimum finished floor elevation,except for attached screen enclosures,which may be the height of the principal structure. 7Where fee simple lots are created as single family attached housing units,no side yard shall be required between interior units of a unified principal structure,and the required side yard shall be measured from the exterior wall(s)of the principal structure. 'Where adjacent to a lake,0 feet from the lake maintenance easement.No structures are permitted in the required,20 foot lake maintenance easement (Sec Appendix"A",Typical Cross Sections,and Exhibit A,PUD Master Plan). 'For purposes of this PUD,attached roofed screen enclosures or lanais shall be considered accessory structures. _, 10 Building setback shall be measured from back of curb for private streets;however,a minimum of 23 feet from edge of sidewalk to the garage must be provided,or 23 feet from edge of pavement where no sidewalk is provided. "For lots abutting the project's loop road and which have access from another private road,a minimum building setback of 15 feet from the loop road right-of-way shall be required. A landscape buffer or fence shall be required between the structure and the right-of-way. F:\PUD Documents Artesa Pointe 9-03-03.DOC 9/3/2003 3-4 Note: The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required, 20 foot lake maintenance easement,except as provided for in Section 2.5 of this PUD Document. S.P.S.: Same as Principal Structures. BH: Building Height. F:1PUD Documenrs.Artesa Pointe 9-03-03.DOC 9/3/2003 4- SECTION IV COMMERCIAL "C" 4.1 PURPOSE: The purpose of this Section is to identify the permitted commercial land uses and related development standards for areas within the Artesa Pointe PUD designated "C",Commercial on the Conceptual Master Plan,Exhibit A. 4.2 MAXIMUM COMMERCIAL SQUARE FOOTAGE A maximum of 325,000 square feet of gross leasable commercial space is permitted within the Artesa Pointe PUD. A maximum of four out-parcels are allowed, all of which shall abut Collier Boulevard. All out-parcels shall provide internal vehicular access. All out-parcels are limited to non-regional commercial uses. No out-parcel shall exceed five acres. 4.3 GENERAL DESCRIPTION Areas designated as"C", Commercial on the Master Concept Plan,Exhibit"A",are designed to implement the provisions of the Henderson Creek Mixed Use Sub- district outlined in the FLUE of the Collier County Growth Management Plan. The focus of this Subdistrict is to provide regional commercial uses with limited neighborhood commercial uses. For the purposes of this PUD,the term"regional commercial uses"is defined as: Retail uses typically dominated by large anchors, including discount department stores, discount super stores, off-price stores, warehouse clubs, and home improvement centers. Regional retail uses typically utilize square footages ranging from 20,000 square feet to over 100,000 square feet. 4.4 PERMITTED USES A. Principal Uses(non-regional): 1. Accounting, auditing and bookkeeping services(8721) 2. Apparel and accessory stores (5611-5699) 3. Building materials,hardware,and garden supply(5231-5261) E:1PUD DocumentslAttesa Points 9-03-03.DOC 9/3/1003 4-2 4. Business services (7311, 7313, 7322-7338, 7361, 7371, 7372, 7374-7376, 7379, 7384) 5. Depository institutions(6011-6099) 6. Eating places(5812) 7. Engineering,architectural and surveying(8711-8713) 8. Food stores (5411, excluding grocery stores and supermarkets —5499, with accessory gasoline pumps and car wash) 9. General merchandise stores (5311-5399), including discount retail, and discount superstore with grocery, auto tire and lubricating, and pharmacy component. 10. Health services(8011-8049) 11. Home furniture,furnishing and equipment stores(5712-5736) . 12. Insurance carriers,agents and brokers(6311-6399,6411) 13. Libraries(8231) 14. Legal services(8111) 15. Management and public relations services(8741-8743) 16. Miscellaneous retail (5912, 5921, 5941-5961, 5992, 5995, and 5999 — excluding auction room,tombstone sales,and swimming pool sales.) 17. Non-depository credit institutions(6141-6163) 18. Real estate(6512,6520-6552) 19. Stationery and office supplies,retail(5112) 20. Motion pictures(7832,7841) B. Principal Uses(regional): 1. Apparel and accessory stores(5611-5699) 2. Building materials,hardware,and garden supply(5231-5261) 3. General merchandise stores (5311-5399), including discount retail, and discount superstore with grocery, auto tire and lubricating, and pharmacy component. 4. Home furniture,furnishing and equipment stores(5712-5736) 5. Libraries(8231) 6. Miscellaneous retail (5912, 5921, 5941-5961, 5992, 5995, and 5999 — excluding auction room,tombstone sales, and swimming pool sales.) ?. Stationery and office supplies,retail(5112) 8. Motion pictures(7832,7841) 9. Discount warehouse clubs, which includes stores where shoppers pay a membership fee in order to take advantage of discounted prices on a wide variety of items such as food,clothing,tires and appliances. 10. Home improvement superstore/center,which includes warehouse-type.retail facilities specializing in the sale of home improvement merchandise, including lumber,tools,paint,lighting,wall paper and paneling,kitchen and bathroom fixtures, lawn equipment, and garden plants and accessories. No F:\PUD Documents.Artesa Pointe 9-03-03.DOC 9/3/2003 li 4-3 i-- outdoor storage of building materials or on-site assembly of building components is permitted. C. Accessory Uses: 1. Uses and structures that are customarily incidental and subordinate to the above permitted uses. 2. Automatic car washes and fuel pumps in conjunction with a convenience food store. 4.5 DEVELOPMENT STANDARDS A. Yard Requirements 1. Front: Twenty-five feet(25') 2. Side: Fifteen feet(15') 3. Rear: Fifteen feet(15') 4. From PUD Boundary: Twenty-five feet(25') 5. From Internal Roadway: Ten feet(10') 6. Preserve: Principal: Twenty-five feet(25') Accessory: Ten feet(10) B. Minimum Lot Size 1. Minimum lot width: One hundred feet(100') 2. Minimum area: Twenty thousand(20,000)square feet C. Building Height Buildings shall be limited to one-story,not to exceed a maximum of thirty-five(35') feet in height except that architectural entry features may exceed thirty-five (35') feet in height, mezzanines shall not constitute a second story. Building height shall be applied in accordance with the LDC. D. Floor Area Requirements At least one of the regional commercial uses (as set forth in this Subsection) shall contain a minimum of 100,000 square feet of gross leasable area. Non-regional commercial uses shall not exceed a total 32,500 square feet of gross leasable area, and the remaining regional commercial use(beyond the one required at minimum of 100,000 square feet) must occupy a minimum of 20,000 square feet of gross leasable floor area, as required by the Subdistrict. Those integral components of F:1PUD Documents\Artesa Pointe 9-03-03.DOC 9/32003 4-4 regional retail uses and discount super stores such as gasoline sales and auto service, grocery sales, pharmacies, and the like shall not be considered non-regional retail uses for purposes of the overall non-regional retail square footage limitation. For purposes of this PUD, gross leasable area shall include only that portion of a building under a roof and enclosed by walls. F\PUD DocumentclArtesa Pointe 9-03-03.DOC 9/3/2003 it 5-1 SECTION V PRESERVE/OPEN SPACE AREA "P/O" 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Artesa Pointe PUD designated on the Master Plan as "PO", Preserve/Open Space. 5.2 GENERAL DESCRIPTION Areas designated as "PO", Preserve/Open Space on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The acreage of the Preserve/Open Space area is indicated on the Master Plan. 53 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part,for other than the following: A. Pennitted Principal Uses and Structures 1. Boardwalks,nature trails and shelters. 2. Water management structures. 3. Any other conservation and related open space activity or use, which is comparable in nature with the foregoing list of uses, as determined by the Board of Zoning Appeals(BZA). 5.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty-five(25) feet. 5.5 LANDSCAPE BUFFERS A. Where Section 2.4 of the LDC requires landscape buffers, and Preserve/Open Space areas are shown, landscape buffers may consist of preserve vegetation, where it is demonstrated that the landscape feature meets or exceeds requirements of Section 2.4 of the LDC. F:\PUD Documents\Artesa Pointe 9-03-03.DOC 9/3/2003 6-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Artesa Pointe PUD. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with final site development plans, final subdivision plats and all applicable state and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply except where specifically noted. B. The PUD Master Plan(Exhibit A)is an illustration of the conceptual development plan. Tracts and boundaries shown on the Plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 respectively,of the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County,pursuant to Collier County Ordinance 01-57, as may be amended, except as may be provided in Section 2.4 of this Document. • B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. F:PUD Documents\Arfesa Pointe 9-03-03.DOC 9/3/2003 6-2 C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. 6.5 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to commencement of site work. B. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Artesa Pointe PUD conceptual surface water management system is described in the Surface Water Management and Utilities Report, which has been included in the PUD rezone application materials. D. All development within the PUD may share common surface water management facilities. 6.6 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to Environmental Services Department for review and approval prior to final site plan/construction plan approval. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the project homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. F:1P1JD Documents%A.rtesa Pointe 9-03-03.DOC 9/16/2003 6-3 6.7 TRANSPORTATION The development of this PUD will be subject to and governed by the following conditions: /77 04 CvnLtA f 64 A. All traffic control devices used nAst be in accordance with the Manual of Uniform Traffic Control Devices" as adopted by the Florida Department of Transportation (FDOT), as-aiyied, and as required by Florida Statutes - Chapter 316,Uniform Traffic Control Law. B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual), as amended, and as adopted by the FDOT, and as required by Florida Statutes--Chapter 316,Uniform Traffic Control Law. C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy. D. External and internal improvements determined by Collier County Staff to be essential to the safe ingress and egress to the development shall not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first certificate of occupancy. E. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01- 13,as amended. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change, as determined by Collier County Staff The County reserves the right to modify or close any ingress and/or egress location(s)determined to have an adverse affect on the health,safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues,roadway capacity problems. G. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and LDC, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s)determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems. F:\PUD Documents\Artesa Pointe 9-03-03.DOC 9/16/2003 6-4 1-I. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence,or lack of, a future median opening be the basis for any future cause of action for damages against the County by the Developer(s), its successor(s)in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Staff. J. The Developer(s) shall be responsible for the cost of any and all traffic signal(s), at any and all development entrances(s), when determined warranted and approved by FDOT. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. K. The Developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s)and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Staff. L. All internal access(es), drive isle(s), sidewalk(s), not located within County right- of-way shall be privately maintained by an entity created by the Developer(s), its successor(s)in title,or assignee(s). M. Joint/shared access(es) may be required by Collier County Staff;as a condition of site development plan approval. N. Frontage, midpoint and/or backside interconnections)may be required by Collier County Staff,as a condition of site development plan approval. O. Arterial level street lighting shall be provided by the Developer at all project entrances prior to issuance of a certificate of occupancy. F:\PUD Documents\Artese Pointe 9-03-03.DOC 9/16/2003 6-5 P. The primary access, loop road connecting U.S. 41 with S.R. 951, shall not be gated, and shall be open to the public. Provisions for future interconnections to properties north of the access road shall be made at the time of plat or site development plan approval. • F:\PUD Documentsk4rtcsa Pointe 9-03-03.DOC 9/16/2003 1 .„ . i iNiFil 4 444444 y 1 p ; ei. . 1ja aala{ala, i I n i Q � p h r .,i Yui[n1 n K ti k. 1111 ! l'! ! ;(Pi y E g iii i 6 i 6_Nr,. .. s aa 4 o000 i' i 888 ilti I !NI' a ' li }I I.1 if ail a- 1,...,17-) , 1 g 11 kb C44 or /`, `:.._....:..•-. 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2003-46 Which was adopted by the Board of County Commissioners on the 23rd day of September, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of September, 2003 . DWIGHT E. BROCK :c.;•• Clerk of Courts and CIerk ; Ex-officio to Board, of. County Commissioners By: Patricia L.;0Morgan4,,4 Deputy Clerk 9l'.'9Et• O uture Land Use Element as of Ordinance No.2016-15 adopted May 24,2016 Retail uses shall be limited to single-story. Financial services and offices shall be limited to three stories. A combination of these uses in a single building financial services and/or offices over retail uses — shall be limited to three stories. Also, mixed-use buildings, containing residential uses over commercial uses, shall be limited to three stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within each project or yet to be established PUD District shall be required to have common site, signage and building architectural elements. Each project or PUD District shall provide for both pedestrian an. -. I.r interconnections with abutting properties. (VI)( V)(XXXVII)(XXXVIII) 10. Henderson Creek Mixed Use Subdistrict The enderson Creek Mixed Use Subdis r consists of approximately 81 acres and is located east of Collier Boulevard (SR 951) and south of US 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. For purposes of this Subdistrict,the term"regional commercial" is defined as: Retail uses typically r e anchors, including discount department stores, off-price stores, warehouse clubs, and the like, some o which offer a large selection in a particular merchandise category. Regional retail uses also typically utilize square footages ranging from 20,000 to over 100,000 square feet. Regional commercial uses generally have a primary trade area of 5 to 10 radial miles, with a typical store separation of 5 radial miles for any individual regional commercial business. (XV) Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict as follows: ()WVII) a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and US 41. A loop road that is open to the public shall connect these access points. b. Vehicular and pedestrian interconnections shall be provided between the residential and commercial portions of the Subdistrict. c. The unified plan of development within the Subdistrict shall include provisions for vehicular and pedestrian interconnection to properties to the north. d. Commercial components of this Subdistrict shall front on Collier Boulevard. e. Commercial uses are limited to a maximum of 40 acres and 32 a I! .* .re feet of gross leasable floor area. CThe maximum intens)y o commercial uses are those allowed in the C-4, Genera Commercial, Zoning District. g. At least one regional commercial use is required to occupy a minimum of 100,000 square feet of gross leasable floor area. Each remaining regional commercial use must occupy a minimum of 20,000 square feet of gross leasable floor area. .-. (XXXVIII)=Plan Amendment by Ordinance No.2015-13 on February 10,2015 38 Future Land Use Element as of Ordinance No.2016-15 adopted May 24,2016 h. Non-regional commercial uses prohibited in this Subdistrict include grocery stores, fitness centers, auto repair, auto sales, and personal service uses. i. Non-regional commercial uses are limited to a maximum of 10% of the total allowed commercial square footage (32,500 square feet). j. A maximum of four out-parcels are allowed, all of which must abut Collier Boulevard. All out-parcels shall provide internal vehicular access. All out-parcels are limited to nonregional commercial uses. No out-parcel shall exceed five acres. k. Commercial development shall be restricted to one-story buildings with a maximum height of 35 feet. I. Residential development shall be limited to a maximum of 360 dwelling units, subject to the Density Rating System. However, a minimum of 200 affordable-workforce housing units shall be provided. m. Residential dwellings shall be limited to a maximum height of two habitable stories. n. Both commercial and residential development shall be designed in a common architectural theme. o. Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by the Board of Collier County Commissioners. p. The type of landscape buffers within this Subdistrict shall be no less than that required in mixed-use activity centers. (VI)(XI)(XV) 11. Research and Technology Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses — aviation/aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non-industrial uses, designed in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: (XV) a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for affordable-workforce housing, except as provided in paragraph j below. Similarly, up to 20% of the total building square footage, exclusive of square footage for residential development, may contain non-target industry uses of the type identified in Paragraph d below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. Similarly, a minimum of 60% of the total building square footage, exclusive of square footage for residential development, shall be devoted to target industry uses identified in Paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages (XV)=Plan Amendment by Ordinance No.2007-18 on January 25,2007 39