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Agenda 09/13/2022 Item # 9A (Ordinance - Amending Ordinance for the Grand Lely Resort)9.A 09/13/2022 EXECUTIVE SUMMARY This item requires that all participants be sworn in, and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 92-15, as amended, Lely, a Resort Community Planned Unit Development (PUD), by allowing the 9+/- acre C-3 parcel at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive to have C-3 or residential development limited to 184 dwelling units. The subject PUD consists of 2,892 acres located between U.S. 41 and Rattlesnake -Hammock Road, west of Collier Blvd. (CR 951), in Sections 21, 22, 27, 28, 33, and 34, Township 50 South, Range 26 East, Collier County, Florida; and by providing an effective date. OBJECTIVE: To have the Board of County Commissioners ("Board") review the staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject 9± acre C-3 Tract is a portion of the 2,892.5± acres Lely Resort PUD, specifically Ordinance 92-15, recorded on March 23, 1992, as amended. The current ordinance/PUD permits a variety of uses including 8,946 dwelling units, 820,000 square feet of commercial uses, 350 hotel rooms, and educational facilities. See Attachment B-Ordinance 92-15 and Attachment C- Ordinance 15-39. The petitioner proposes to add residential dwelling units to the permitted uses in the C-3 designated portion of the PUD located at the southwest corner of Grand Lely Drive and Collier Boulevard. The proposed 184 multi -family and townhouse dwelling units are already accounted for in the previously approved 8,946 dwelling units. Because this PUD is already partially developed, the petitioner cannot prepare a new PUD document using the latest format, e.g., Exhibits A-F rather than sections. To do so could create non -conformities in the existing development. Instead, the petitioner is providing the proposed changes in a strike thm/underline format, showing the new information in underlined text, and showing the text to be removed in a strike thru format. There are no deviations proposed. There are no changes to the current density of 3.1+/- dwelling units per acre. See Attachment A -Proposed PUD Ordinance. FISCAL IMPACT: The PUD Amendment (PUDA) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Amendment is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDA, and the subject petition is consistent with the Future Land Use Element (FLUE) of the GMP. Packet Pg. 150 9.A 09/13/2022 COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard Petition PUDA-PL20210001795, Lely Resort PUDA on July 7, 2022, and voted 6-0 to forward this petition to the Board with a recommendation of approval subject to the following conditions of approval: 1. There shall be no access from Celeste Drive except for emergency access unless the subject parcel is developed with commercial land uses. Right -in, right -out access shall be from Grand Lely Drive. 2. The buildings along Celeste Drive shall be a maximum of 2-stories without understory parking and shall be a maximum of 3-stories elsewhere. 3. The apartment manager shall commit to the following: a. A minimum tenant lease of one year. b. Subleases shall be prohibited. c. A background check of all tenants. 4. The developer shall explore the alternative to connect to the Lely central irrigation system if economically feasible. The above Conditions of Approval have been incorporated into the proposed PUD Ordinance. See Attachment A -Proposed PUD Ordinance. The CCPC also acknowledged the Traffic Study that was submitted has not been accepted by staff and therefore has not been considered in the evaluation of this petition. LEGAL CONSIDERATIONS: This is a site -specific amendment to a Planned Unit Development (PUD) Zoning District for a project known as Lely, a Resort Community Planned Unit Development. The burden falls upon the applicant to prove that the proposed rezoning is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there adequacy of evidence of unified control and suitability of agreements, contracts, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD Amendment with the goals, objectives, and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. Packet Pg. 151 9.A 09/13/2022 5. Is there adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, policies and future land use map, and the elements of the Growth Management Plan? 10. Will the proposed PUD Amendment be appropriate considering the existing land use pattern? 11. Would the requested PUD Amendment result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? Packet Pg. 152 09/13/2022 9.A 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD Amendment on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD Amendment request that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (DDP) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDA- PL20210001795, Lely Resort PUDA. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Lely Staff Report 6-3-22 (PDF) 2. Attachment A -Proposed Ordinance - 071222 (PDF) 3. [LINKED] Attachment B-Ord. 92-15 (PDF) 4. Attachment C-Ord. 15-39 (PDF) 5. Attachment D-NIM Synopsis 1 and 2 7-12-22 (PDF) 6. [LINKED] Attachment E-Letters of Objection 6-7-22 (PDF) 7. Attachment F-Petition 1-5-22 (PDF) 8. [LINKED] Attachment G-Application (PDF) 9. legal ad - agenda ID 22853 (PDF) Packet Pg. 153 9.A 09/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doe ID: 22853 Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 92-15, as amended, Lely, a Resort Community Planned Unit Development (PUD), by allowing the 9+/- acre C-3 parcel at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive to have C-3 or residential development limited to 184 dwelling units. The subject PUD consists of 2,892 acres located between U.S. 41 and Rattlesnake -Hammock Road, west of Collier Blvd. (CR 951), in Sections 21, 22, 27, 28, 33, and 34, Township 50 South, Range 26 East, Collier County, Florida, and by providing an effective date. Meeting Date: 09/13/2022 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 07/20/2022 1:24 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 07/20/2022 1:24 PM Approved By: Review: Zoning Growth Management Department Growth Management Department Growth Management Department County Attorney's Office County Attorney's Office Office of Management and Budget Office of Management and Budget County Manager's Office Board of County Commissioners Mike Bosi Zoning Director Review Diane Lynch Growth Management Department Trinity Scott Transportation James C French Growth Management Derek D. Perry Level 2 Attorney Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 08/08/2022 2:56 PM Completed 08/09/2022 1:59 PM Skipped 07/29/2022 9:34 AM Completed 08/13/2022 9:57 PM Completed 08/24/2022 5:04 PM Completed 08/25/2022 9:29 AM Completed 08/25/2022 9:42 AM Completed 08/25/2022 11:57 AM Completed 09/07/2022 3:17 PM 09/13/2022 9:00 AM Packet Pg. 154 9.A.a s Co per amoop County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: DULY 7, 2022 SUBJECT: PUDA-PL20210001795 LELY RESORT MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) PROPERTY OWNER/APPLICANT AND AGENTS: Property Owner/Applicant: David Development, Inc. 3330 Cumberland Blvd. SE # 425 Atlanta, GA 30339 Agents: Lindsay Robin, AICP Richard Yovanovich, Esquire Stantec Consulting Services Inc. Coleman, Yovanovich, and Koester, P.A. 5801 Pelican Bay Blvd. #300 4001 Tamiami Trail North, Suite 300 Napless, FL 34108 Naples, FL 34103 The C-3 parcel at the corner of Collier Boulevard and Grand Lely Drive is owned by David Development, Inc., There are numerous other property owners in the Lely Resort PUD. REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 92- 15, the Lely Resort Planned Unit Development (PUD), to allow a 9± acre C-3 Tract located at the southwest corner of Grand Lely Drive and Collier Boulevard to add residential dwelling units to the permitted uses. PUDA-PL20210001795. LELY RESORT PUD June 3, 2022 Page 1 of 13 Packet Pg. 155 9.A.a ❑ Z E U 0 m q a a IL ° y 16 �q CIAIS e�egaeg as Uaea Y A4uno3 PUDA-PL20210001795. 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R. i.IIFD p Lely Resort PUDA-PL20210001795 Words s0eek-thFeag# are dtleled; Last Revised: May 18, 2022 ¢ of 1 Words underlined are added MASTER PLAN PUDA-PL20210001795, LELY RESORT PUD Page 3 of 13 Q D IL V- O to 2, d J E[1 O O O N O N J IL LO Do N cm N M to r— O M m cn d J C V m Q June 3, 2022 Packet Pg. 157 9.A.a GEOGRAPHIC LOCATION: The overall PUD, consisting of 2,892.5± acres, is located to the west of Collier Boulevard (CR 951), east of Tamiami Trail East (US 41), and south of Rattlesnake Hammock Road, within Sections 21- 22, 27-28, and 33-34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The subject 9± acre C-3 Tract is a portion of the 2,892.5± acre Lely Resort PUD, specifically Ordinance 92-15, recorded on March 23, 1992, as amended. The current ordinance/PUD permits a variety of uses including 8,946 dwelling units, 820,000 square feet of commercial uses, 350 hotel rooms, and educational facilities. See Attachment B-Ordinance 92-15 and Attachment C- Ordinance 15-39. The petitioner proposes to add residential dwelling units to the permitted uses in the C-3 designated portion of the PUD located at the southwest corner of Grand Lely Drive and Collier Boulevard. The proposed 184 multi -family and townhouse dwelling units are already accounted for in the previously approved 8,946 dwelling units. Because this PUD is already partially developed, the petitioner cannot prepare a new PUD document using the latest format, e.g., Exhibits A-F rather than sections. To do so could create non -conformities in the existing development. Instead, the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. There are no deviations proposed. There are no changes to the current density of 3.1+/- dwelling units per acre. See Attachment A —Proposed PUD Ordinance. SURROUNDING LAND USE AND ZONING (of Subiect Parcel): North: Grand Lely Drive, a 4-lane divided collector roadway, then a developed 8.8± acre "C-3" parcel with a zoning designation of Lely Resort PUD. This property is developed with a commercial strip shopping center and out parcels. East: Collier Boulevard, a 6-lane divided arterial roadway, then the SFWMD 951 Canal, and a developed residential area with a zoning designation of Winding Cypress PUD. South: Celeste Drive, then a single-family development with a zoning designation of Lely Resort PUD. West: Celeste Drive, then a single-family development with a zoning designation of Lely Resort PUD. PUDA-PL20210001795. LELY RESORT PUD June 3, 2022 Page 4 of 13 Packet Pg. 158 9.A.a T AERIAL PHOTO -CLOSE UP GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Amendment and has found it consistent with the Future Land Use Element (FLUE) of the GMP. PUDA-PL20210001795. LELY RESORT PUD June 3, 2022 IL 1` O m , m J V7 O r O O O r N O N J (L M lf) O N N N N M O i` O d R r U) 2, am J C N L V cC Q Page 5 of 13 Packet Pg. 159 9.A.a Transportation Element: According to the revised PUD document and the Traffic Impact Study (TIS) Waiver request provided with this petition the proposed change will have no net increase or decrease in the number of trips generated by the Lely Resort PUD development. Lely Resort is a vested development under the recorded Developer Agreement, instrument 3341317, OR 3498, PG 0233 which vests Lely Resort with a total of 9,150 dwelling units. According to the most recent PUD Monitoring Report dated May 21, 2021, the current built residential unit count is 5,442. Therefore, there are 3,708 residential units remaining of the 9,150 vested units total. This PUD Amendment is not requesting any additional dwelling units and following Collier County TIS guidelines the applicant provided a TIS waiver request which staff reviewed and approved due to the noted no additional impacts -vested development status. Based on the proposed PUD Amendment request and Lely Resort's vested status, the subject petition can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. There are no additional traffic impacts resulting from the proposed change. Staff further notes that operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points and impacts to the existing road network. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Conservation and Coastal Management Element (COME): Environmental Planning staff found this project to be consistent with the CCME. The proposed changes do not affect any of the environmental requirements of the GMP. GMP Conclusion: The proposed PUD Amendment may be deemed consistent with the FLUE of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the headings "Rezone Findings" and "PUD Findings." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The proposed PUD changes will not affect any of the environmental requirements of the PUD document (Ordinance 92-15). The native vegetation has been placed under preservation and dedicated to Collier County. This project does not require Environmental Advisory Council (EAC) review, as this project did not PUDA-PL20210001795, LELY RESORT PUD June 3, 2022 Page 6 of 13 Packet Pg. 160 9.A.a meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Staff further notes that the agent submitted, post review, a `Traffic Study" document which is not a Traffic Impact Study (TIS). This study was not used in the determination of consistency with the GMP for this request. The study is a trip generation comparison scenario that is based on potential land uses. It does not distribute trips on the road network, does not evaluate impacts, and does not meet minimum TIS requirements. The limited data provided appears mathematically accurate. However, it also contains extraneous information and conclusions that should be removed from the record to avoid unintended consequences at the time of Development Review. To clarify, the "Traffic Study" was not used as part of the Transportation Planning Staffs' review, evaluation of GMP consistency, or the above recommendation. The submitted "Traffic Study" does not meet minimum TIS submittal standards and contains extraneous sections and conclusions. Therefore, Transportation Planning staff recommends approval subject to the following stipulation: 1. The "Traffic Study" shall be removed from the record. Utilities Review: The project lies within the regional potable water and south wastewater service areas of the Collier County Water -Sewer District. Water and wastewater services are readily available via existing infrastructure along the project's frontages on Celeste Drive, Grand Lely Drive, and Collier Boulevard. Sufficient water and wastewater treatment capacities are available. School Board Review: At this time there is existing or planned capacity for the proposed development at the elementary, middle, and high school levels. At the time of SDP or Plans and Plat (PPL), the development will be reviewed to ensure there is capacity. The Development of Regional Impact (DRI) that the proposed project is located within was approved prior to 2000, and therefore is not subject to concurrency. Zoninz and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: As previously stated, the petitioner proposes to add residential land uses to the commercial (C-3) tract at the southwest corner of Grand Lely Drive and Collier Boulevard. The subject site is pie -shaped PUDA-PL20210001795, LELY RESORT PUD June 3, 2022 Page 7 of 13 Packet Pg. 161 and surrounded on three sides by roads. The subject site is across the street from an existing commercial shopping center to the north, and single-family residential to the east and the west. At the Neighborhood Information Meetings (NIMs) the petitioner stated 184 four-story multi -family residential dwelling units including townhouses are proposed on the subject site. The 184 dwelling units are already accounted for in the previously approved 8,946 dwelling units. The residential uses proposed for the C-3 tract will utilize the currently approved residential development standards in the PUD. Multi -family land uses are considered to be a transitional use between commercial development and single-family development. In this case, rather than the currently prescribed commercial land use only, residential land uses are proposed. The request is similar to the 2014 request that allowed the current residential land uses on the C-3 tract located at the southwest corner of Grand Lely Drive and Rattlesnake Hammock Road. Therefore, staff finds the proposed PUD amendment to be compatible with the existing surrounding residential development. REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Amendment is consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as developed commercial and residential. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. PUDA-PL20210001795. LELY RESORT PUD June 3, 2022 Page 8 of 13 Packet Pg. 162 9.A.a 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to develop the property with residential land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change from commercial development to multi -family residential development will not change the overall intensity of land uses allowed by the current PUD. The proposed change from commercial to residential should be more compatible with the adjacent residential development than commercial development. Therefore, the proposed change should not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or PPL). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is anticipated that the proposed PUD Amendment will not reduce light and air to adjacent areas inside or outside the PUD. 10. Whether the proposed change would adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. PUDA-PL20210001795, LELY RESORT PUD June 3, 2022 Page 9 of 13 Packet Pg. 163 9.A.a 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP and PPL approval process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD Amendment is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed. However, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. PUDA-PL20210001795, LELY RESORT PUD June 3, 2022 Page 10 of 13 Packet Pg. 164 9.A.a 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.13.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Water distribution and wastewater collection mains are readily available within the Celeste Drive, Grand Lely Drive, and Collier Boulevard rights -of -way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has found this petition consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The landscaping and buffering standards are compatible with the adjacent uses. PUDA-PL20210001795. LELY RESORT PUD June 3, 2022 Page 11 of 13 Packet Pg. 165 9.A.a 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Collier County has sufficient treatment capacity for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including adjacent Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is not seeking any new deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM meeting on December 14, 2021, at the South Regional Library located at 8065 Lely Cultural Parkway, Naples, Florida. Approximately 90 residents attended the meeting in -person along with 10 remote participants along with the Agent's team and Applicant. A second, non -required NIM was held on March 10, 2022. Approximately 160 residents attended the meeting. For further information, see Attachment D - NIM Synopsises. The neighboring residents are opposed to the proposed residential development. They do not want additional traffic on Celeste Lane, they are opposed to tall buildings, and they prefer the originally prescribed commercial development on the subject parcel. Staff has received 45 Letters of Objection along with a Petition. Please see Attachment E-Letters of Objection and Attachment F-Petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the Staff Report for this petition on June 3, 2022. PUDA-PL20210001795. LELY RESORT PUD June 3, 2022 Page 12 of 13 Packet Pg. 166 9.A.a RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA- PL20210001795, Lely Resort PUD to the BCC with a recommendation of approval subject to the following stipulation: 1. The "Traffic Study" shall be removed from the record. A ttarhmPntc Attachment A -Proposed PUD Ordinance See Attachment B-Ordinance 92-15 See Attachment B-Ordinance 15-39 Attachment D-NIM Synopsises Attachment E-Letters of Objection Attachment F-Petition Attachment G-Application PUDA-PL20210001795. LELY RESORT PUD June 3, 2022 Page 13 of 13 Packet Pg. 167 9.A.b ORDINANCE NO.22 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-15, AS AMENDED, LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY ALLOWING THE 9+/- ACRE C-3 PARCEL AT THE SOUTHWEST CORNER OF COLLIER BLVD. (CR 951) AND GRAND LELY DRIVE TO HAVE C-3 OR RESIDENTIAL DEVELOPMENT LIMITED TO 184 DWELLING UNITS. THE SUBJECT PUD CONSISTS OF 2,892 ACRES LOCATED BETWEEN U.S. 41 AND RATTLESNAKE -HAMMOCK ROAD, WEST OF COLLIER BLVD. (CR 951), IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20210001795] WHEREAS, on March 10, 1992, the Board of County Commissioners ("Board") approved Ordinance No. 92-15 which established the Lely, A Resort Community Planned Unit Development (the "PUD"); and WHEREAS, on November 13, 2007, the Board approved Ordinance No. 07-72 which amended the PUD; and WHEREAS, on July 7, 2015, the Board approved Ordinance No. 15-39 which further amended the PUD; WHEREAS, Lindsay F. Robin, MPA, AICP of Stantec Consulting Services, Inc., representing Davis Development, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to further amend Ordinance No. 92-15, as amended, the Lely, A Resort Community Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: List of Exhibits and Tables. The List of Exhibits and Tables, of Ordinance No. 92-15, as amended, is hereby amended as follows: * * * * * * * * * * * * LIST OF EXHIBITS AND TABLES EXHIBIT H Revised Master Land Use Plan (Prepared by Stantec Consulting Services, Inc.) [21-CPS-02159/1724511/2] 7/12/2022 Page 1 of 4 Words struck through are deleted; PL20210001795 — Lely Resort PUD - Tract 12 words underlined are added. Packet Pg. 168 9.A.b SECTION TWO: Section II, Project Development. Section II, Project Development, of Ordinance 92-15, as amended, is hereby amended to add the following language: SECTION II PROJECT DEVELOPMENT 2.14 PUD Monitoring One entity (hereinafter the Managing Entily) shall be responsible for PUD monitoring until close-out of the PUD and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Stock Development LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval the Managing_ Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out then the Managing Entity is no Ionizer responsible for the monitoring and fulfillment of PUD commitments. 2.15 Miscellaneous Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any wgy create anrights 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 colMly 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. SECTION THREE: Section VI, C-3 Commercial/Neighborhood Section VI, C-3 Commercial/Neighborhood, of Ordinance 92-15, as amended, is hereby amended as follows: [21-CPS-02159/1724511/21 7/12/2022 Page 2 of 4 Words struok through are deleted; PL20210001795 — Lely Resort PUD - Tract 12 words underlined are added. Packet Pg. 169 9.A.b SECTION VI C-3 COMMERCIAL/NEIGHBORHOOD * * * * * * * * * * * * 6.02 PERMITTED USES AND STRUCTURES a No building or structure, or part thereof, shall be erected, altered or used, or land or water a used, in whole or in part, for other than the following: N d A. Permitted Principal Uses and Structures: 21 Ln J C" 21) The C-3 parcel at the southwest corner of Rattlesnake Hammock Road and c Grand Lely Drive and the C-3 parcel at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive may be developed allowing C-3 N uses, as outlined in Section VI of Ordinance 92-15, as amended, and/or a residential dwelling units. # * # # * * * * # * * * N 6.03 DEVELOPMENT STANDARDS N 0 10 To the extent the C-3 parcel located at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive contains residential development, except for any required emergency vehicular access there shall be no vehicular access to Celeste Drive. 11. To the extent the C-3 parcel located at the southwest corner of Collier Blvd. (CR 951 )and Grand Lely Drive contains residential development, a right -in only shall be provided on Grand Lely Drive providing vehicular access to the parcel and a dedicated right -turn lane shall be provided on Grand Lely Drive providing access to Collier Blvd. (CR 951). 12 To the extent the C-3 parcel located at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive contains residential development, a decorative fence shall be provided along the western project boundary, adjacent to Celeste Drive. 13 Residential development on the C-3 parcel located at the southwest corner of Collier Blvd (CR 951) and Grand Lely Drive is limited to a maximum of 184 dwelling units Development on this parcel shall be limited to either commercial or residential development, not both. [21-CPS-02159/1724511/2] 7/12/2022 Page 3 of 4 Words str-aek through are deleted; PL20210001795 — Lely Resort PUD - Tract 12 words underlined are added. Packet Pg. 170 9.A.b 14 To the extent the C-3 parcel located at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive contains residential development, no building shall be greater than three stories and only two-story townhouses with no understoryparking shall be located adjacent to Celeste Drive. 15 To the extent the C-3 parcel located at the southwest corner of Collier Blvd. (CR 951) and Grand Ley Drive contains residential development, the following shall apply to rentals: minimum one-year lease term required, background checks required, and sub -leasing is prohibited. 16 To the extent the C-3 parcel located at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive contains residential development, if it is available and economically feasible irrigation shall connect to the Lelirrigation system. SECTION FOUR: Exhibit H, Revised Master Land Use Plan Exhibit H, the Revised Master Land Use Plan, of Ordinance 92-15, as amended, is hereby amended as follows: See Exhibit "A", attached hereto and incorporated herein. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this 13th day of September 2022. ATTEST: CRYSTAL K. KINZEL, CLERK go Deputy Clerk Approved as to form and legality: Derek D. Perry I, - Assistant County Attorney `Z BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA am William L. McDaniel, Jr., Chairman Attachments: Exhibit "A" — Exhibit H, Revised Master Land Use Plan [21-CPS-02159/1724511/2] 7/12/2022 Page 4 of 4 Words stmea'�gh are deleted; PL20210001795 — Lely Resort PUD - Tract 12 words underlined are added. rl� Packet Pg. 171 9.A.b Exhibit " A " Q 0 D IL r- 0 a� m J T ti O O O N O N J d M O N N N N N ti O r Q 11-1 Packet Pg. 1,72 9.A.b SYMe ITEM ACRES I P RESIDENTIAL r.+-w wwr 1166.0 -CU COMMERCIAL/COMMVNITY 38.0 aCRiCOMMERCIAL/PROFESSIONAL wwN ii 16.0 �C J1 COMMERCIAL/NEIGHBORHOOD 36.0 EC i EDISON COLLEGE 44.0 `CCj CULTURAL CENTER 46.5 �MCI RESOw..RT CENTER 49.0 GOLF COURSE 495'0 CONSERVATION/OPEN SPACE 233.0 CYPRESS PRESERVE 171.S (0.8 PARK/SCHOOL 21.S LAKE 40S.5 UM MAJOR COLLECTOR 70.$ MINOR COLLECTOR 64.0 SON LOCAL ROAD 26.5 `aoa ACREAGE XXX.K 961 RAW. RESERVE 9.0 TOTAL ACREAGE AREA 2392.0 TOTAL UNITS 8.940 TOTAL COMMERCIAL $0. FT. 1,135.000 EXHIBIT H Lely Resort PUDA-PL20210001795 Words str-uek-tlr-e t are deleted; Last Revised: March 16, 2022 Words underlined are a Packet Pg. 173 9.A.d ORDINANCE NO. 15- 3 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 92-159 AS AMENDED, WHICH RE-ESTABLISHED LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY REDUCING THE MAXIMUM NUMBER OF DWELLING UNITS FROM 10,150 TO 8,946; BY AMENDING SECTION 2.06 ENTITLED "PROJECT DENSITY" AND SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF DWELLING UNITS"; BY AMENDING THE MARKET ABSORPTION SCHEDULE; BY AMENDING SECTION 3.02 ENTITLED "MAXIMUM DWELLING UNITS"; BY AMENDING SECTION V, C-2 COMMERCIAL/PROFESSIONAL TO PROVIDE THAT THE SQUARE FOOTAGE LIMITATION DOES NOT APPLY TO RESIDENTIAL DWELLING UNITS PERMITTED AS PART OF A MIXED USE PROJECT; AND BY AMENDING SECTION VI, C-3 COMMERCIAL/NEIGHBORHOOD TO ALLOW C-3 USES AND ALL TYPES OF RESIDENTIAL DWELLING UNITS AS MIXED USE OR STAND ALONE FOR THE C-3 PARCEL AT THE CORNER OF RATTLESNAKE -HAMMOCK ROAD AND GRAND LELY DRIVE; BY ADDING SECTION XV, DEVIATIONS, FROM THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS AND THE SIZE OF SIGNS; AMENDING EXHIBIT H, THE PUD MASTER PLAN TO MOVE A C-3 PARCEL TO THE EAST OF GRAND LELY DRIVE AND ADJUST ACREAGES TO DECREASE RESIDENTIAL USES AND INCREASE COMMERCIAL USES BY 6t ACRES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTS OF 2,892 ACRES LOCATED BETWEEN U.S. 41 AND RATTLESNAKE -HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDA-PL20140002040] WHEREAS, on March 10, 1992, the Board of County Commissioners (Board) approved Ordinance No. 92-15 which established the Lely, A Resort Community Planned Unit Development (PUD); and WHEREAS, on November 13, 2007, the Board approved Ordinance No. 07-72 which amended the PUD; and [14-CPS-01392/1188398/1] 108 —rev. 6/18/15 Page 1 of Lely Resort —PUDA-PL20140002040 Words struck through are deleted; words underlined are added. Plin, Packet Pg. 174 9.A.d WHEREAS, Alexis Crespo, AICP of Waldrop Engineering and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Stock Development, LLC, petitioned the Board of County Commissioners of Collier County, Florida to further amend Ordinance No. 92-15, as amended, the Lely, A Resort Community Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to Index. The Index to Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended to add the following: SECTION XV Deviations from the LDC noted 15-1 Lpplicable to entire PUD unless otherwise SECTION TWO. Amendment to List of Exhibits and Tables. See Exhibit A, attached hereto and incorporated herein. SECTION TWO: Amendments to Project Density. Section 2.06 entitled "Project Density" of Ordinance No. 92-15, as amended (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: See Exhibit B, attached hereto and incorporated herein. SECTION THREE: Amendments to Permitted Variations of Dwelling Units. Section 2.07 entitled Permitted Variations of Dwelling Units" of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended to read as follows: See Exhibit B, attached hereto and incorporated herein. SECTION FOUR: Amendment to Estimated Market Absorption Schedule. The estimated Market Absorption Schedule, Table 1, of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: [14-CPS-01392/1188398/11 108 —rev. 6/18/15 Page 2 of Lely Resort —PUDA-PL20140002040 Words stmek 0wough are deleted; words underlined are added. Packet Pg. 175 9.A.d See Exhibit C, attached hereto and incorporated herein. SECTION FIVE: Amendment to Maximum Dwelling Units. Section 3.02 entitled "Maximum Dwelling Units" of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: 3.02 Maximum Dwelling Units. A maximum number of 1 n� 8,946 dwelling units may be constructed on lands designated as "R" except as permitted by Section 2.07 or "C-2" or "C-3" where expressly permitted. SECTION SIX: Amendments to Section V, C-2 Commercial/Professional. Section V, C-2 Commercial/Professional of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby amended to read as follows: See Exhibit D, attached hereto and incorporated herein. SECTION SEVEN: Amendments to Section VI, C-3 Commercial/Neighborhood. Section VI, C-3 Commercial/Neighborhood of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby amended to read as follows: See Exhibit E, attached hereto and incorporated herein. SECTION EIGHT: Amendments to Section XIV, General Developer Commitments. Section XIV, General Developer Commitments of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby amended to add the following: C. Transportation 10) Prior to SDP approval of improvements on the C-2 parcel that has frontage on US 41, the owner shall post a performance guarantee such as a bond or letter of credit in the amount of $50,000 in order to secure owner's fair share of transportation improvements to Triangle Boulevard including but not limited to, turn lanes, median modifications and/or a traffic circle along Triangle Boulevard. The performance guarantee shall be released by County upon execution of a developer's contribution agreement by owner or upon creation of a commercial municipal service taxing district and/or benefit unit by County. The amount of the contribution shall be determined at time of execution of the developer's contribution agreement or calculated in accordance with the taxing district. [14-CPS-01392/1188398/11108— rev. 6/18/15 Page 3of4 Lely Resort —PUDA-PL20140002040 Words stFuek thfeegh are deleted; words underlined are added. Packet Pg. 176 9.A.d SECTION NINE: Amendments to Add Section XV, Deviations from LDC. Section XV, Deviations from LDC of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby added to read as follows: See Exhibit F, attached hereto and incorporated herein. SECTION TEN: Amendment to Master Plan. Exhibit H, "Master Land Use Plan" of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: See Exhibit H, attached hereto and incorporated herein. SECTION ELEVEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this q:�01 day of ,T�1 t , 1 , 2015. .......... signature oll#.' Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIM NANCE, Chairman Attachment: Exhibit A - List of Exhibits and Tables Exhibit B - Section II, Sections 2.06 and 2.07 r Exhibit C - Estimated Market Absorption Schedule Q Exhibit D - Section V, C-2 Commercial/Professional Exhibit E - Section VI, C-3 Commercial/Neighborhood Exhibit F - Section XV - Deviations from LDC Exhibit H to Ord. 92-15, as amended - Revised Master PlanThis ordinance filed with the Exhibit I to Ord. 92-15, as amended - Buffer Exhibit set f day o �Ul ate'�f2o l 5- and acknowledgement of that filing received this ff2 day of �1 , [14-CPS-01392/1188398/11 108 -rev. 6/18/15 Page 4 of Lely Resort —PUDA-PL20140002040 Words stfu& thfeagh are deleted; words underlined are added. Packet Pg. 177 9.A.d LIST OF EXHIBITS AND TABLES EXHIBIT H Revised Master Land Use Plan (Prepared by ` ilsen, Miller, Bai4en & ve k hie. File Ne B Z i �Q Waldron Engi ���A_) TABLE I Estimated Market Absorption Schedule TABLE II A Development Standards `R' Residential Areas TABLE II B Development Standards `R' Residential Areas EXHIBIT A ii rn M Lely Resort PUDA-PL20140002040 Words struck thfougk are deleted; Last Revised: June 12, 2015 Words underlined are added Packet Pg. 178 9.A.d SECTION II PROJECT DEVELOPMENT 2.06 PROJECT DENSITY The total acreage of the Lely Resort property is approximately 2892.5 acres. The maximum number of dwelling units to be built on the total acreage is 10,50 &246. The number of dwelling units per gross acre is approximately 3.1-5. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.05, provided that the total number of dwelling units shall not exceed 10,1 50 &9A . The Development Services Director shall be notified of such an increase and the resulting reduction in the corresponding residential land use or other categories so that the total number of dwelling units shall not exceed 10,150 &4 . Approximately 1850 single family units and $300 7.M multi -family units have been planned. Variations from these numbers without an adjustment to the maximum number of units within the project shall be permitted provided that the maximum number of dwelling units by type shall not vary by more than twenty (20) percent. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. The project may exceed the variation of twenty (20) percent of the unit types set forth in this section provided that for every single family unit permitted in excess of 2220, the maximum number of dwelling units shall be reduced by 1.667 units. EXHIBIT B 2-1 Lely Resort PUDA-PL20140002040 Words stfuek thfough are deleted; Last Revised: June 12, 2015 Words underlined are added Packet Pg. 179 9.A.d ESTIMATED MARKET ABSORPTION SCHEDULE TABLE 1 PHASE YEAR RESIDENT COMMER. GC EC RC CC UNITS S . FT. HOLES STUDENTS HOTEL RMS SEATING I 1985- 264 3,600 18 1990 II 1991- 1328 300,400 36 364 *350 Rooms 1995 III 1996- 1482 56,000 736 1850 2000 IV 2001- 1526 2005 V 2006- 1250 90,000 1400 2010 VI 2011- 44W QQQ 100,000 2015 VII 2016- 4-SW 1 135,000 2020 VIII 2021- 4-500 1,M 135,000 2025 TOTALS 40 10, KD-&M 820,000 54 2500 350 Rooms 1850 315,000 S.F. *3 i 5,000 SF of hotel commercial space is included EXHIBIT C 2-9 Q D a r- 0 N T m J O� ti 0 0 0 N O N J d M uO 0 N N CD M Lely Resort PUDA-PL20140002040 Words stfusk thfough are deleted; Last Revised: June 12, 2015 Words underlined are added Packet Pg. 180 9.A.d SECTION V C-2 COMMERCIAL/PROFESSIONAL 5.01 PURPOSE The purpose of this &Section is to set forth the regulations for the areas designated on Revised Exhibit `H', Master Land Use Plan RZ 198, as `C-2'. The C-2 tract is intended to provide for the professional, office, and business related needs of area residents, supplementing the retail nature of the adjacent C-1 tract. 5.02 PERMITTED USES AND STRUCTURE Q No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole a or in part, for other than the following: a. 0 A. Permitted Principal Uses and Structures: 21 1) Business and professional offices; banks; financial institutions. q4) rn 2) Churches and other places of worship; civic and cultural facilities; educational facilities. o 0 0 3) Funeral homes. N 0 N J 4) Homes for the aged; hospitals; hospices and sanitoriums, hotels and motels. a- M u� 5) Medical laboratories; medical clinics; medical offices; mortgage brokers; museums. N N CD 6) Parking garages and lots; private clubs. M 7) Real estate offices; research design and development activities; restaurants; rest homes; convalescent centers; and nursing homes. U .r c 8) Laboratories, provided that: m E No odor, noise, etc., detectable to normal senses from off the premises are generated; a All work is done within enclosed structures; and c m E No product is manufactures or sold, except incidental to development activities. U r r Q 9) Transportation, communication and utility offices — not including storage or equipment. 10) Water management facilities and essential services. 11) The C-2 parcel fronting U.S. 41 may be developed allowing C-2 and/or C-3 uses, as outlined in Section V and Section VI of Ordinance 92-15, as amended, and up to 175 residential dwelling units to provide for a mixed -use project. 5-1 EXHIBIT D Lely Resort PUDA-PL20140002040 Words sirxsk thfough are deleted; Last Revised: June 12, 2015 Words underlined are added Packet Pg. 181 9.A.d Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals QrHearing Examiner determines to be compatible in the district. B. Permitted Accessory Uses and Structures: 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. 5.03 DEVELOPMENT STANDARDS: 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements for parcel boundaries: Thirty (30) feet 4) Maximum Height of Structures: Fifty (50) feet above the finished grade of the site, plus ten (10) feet for under building parking. 5) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on ground floor. 6) Minimum Distance Between Principal Structures: 30' or '/2 the sum of the building heights, whichever is greater. 7) Minimum standards for signs, parking, lighting, and landscaping shall conform with applicableCD I? Collier County Regulations in effect at the time permits are sought.. or as ap rop ved by a deviation in Section XV of the PUD. -a 8) The area of the C-2 and C-3 uses referenced in Paragraph 5.02 A.11) above shall be limited to a maximum of 100,000 square feet in the aggregate. This limitation does not ann y to the 175 u,sidential dwelling units permitted as hart of a mixed use row •The of eaeh, individual C= 2 and C 3 uses r-efer-eneed in Paragraph 5.02 A.! 1) above shall -I — limited to ..•. square feet, _ referenced in Paragrap 5,02.A. I I is allowed• to 61 111 • of • floor .Qthcr buildings containingand be • to 20,000 square 4-4)9� Any restaurant uses permitted by or associated with any use permitted by either the C-2 and C-3 land use designations of this Ordinance, only if those uses are located on the C-2 parcel fronting U.S. 41, shall be subject to the following additional regulations: a) No televisions shall be permitted in outdoor seating areas. b) No amplified sounds, including music, shall be permitted in outdoor seating areas after 10:00 p.m. Lely Resort PUDA-PL20140002040 5-2 Words stfueli thr-eugh are deleted; Last Revised: June 12, 2015 Words underlined are addedl` Packet Pg. 182 9.A.d c) No live entertainment shall be permitted in outdoor seating areas after 10:00 p.m. d) All windows and doors shall be closed after 10:00 p.m. 443-1M9 The 175 residential dwelling units and C-3 uses referenced in paragraph 5.02 A.11) above shall be subject to the C-2, Commercial/Professional development standards set forth in this PaFagr-aph (Paragraph Section 5.03). 11) Amplified outdoor n.ic-�&ted for C-2 ,n• •YtAwed within the C-2 parcel ,Parcel rn M Lely Resort PUDA-PL20140002040 Words stfusk thr-eugh are deleted; Last Revised: June 12, 2015 Words underlined are a Packet Pg. 183 5-3 9.A.d SECTION VI C-3 COMMERCIAL/NEIGHBORHOOD 6.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Revised Exhibit `H', Master Land Use Plan RZ 198, as `C-3'. The C-3 tract'-s are intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. 6.02 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: Q 0 A. Permitted Principal Uses and Structures: a r- 0 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile N service stations. 1 m J 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue T print shops; bicycle sales and services; book stores. o 0 0 3) Carpet and floor covering sales (including storage and installation); child care centers; churches o and other places of worship; clothing stores; confectionary and candy stores. a 4) Delicatessen, drug stores; dry cleaning shops; dry goods stores and department stores. LO N Nrn 5) Electrical supply stores. M 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. L 7) Gift shops; gourmet shops. 0 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospitals and c E hospices. � ca 9) Ice cream stores; ice sales; interior decorating showrooms. a 10) Jewelry stores. c m E U a r I ) Laundries — self-service; leather goods and luggage stores; locksmiths and liquor stores. Q 12) Meat market; medical office or clinic for human care; millinery shops; music stores. 13) Office (retail or professional); office supply stores. 14) Paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. EXHIBIT E 6-1 Lely Resort PUDA-PL20140002040 Words str-xck thr-etigh are deleted; Last Revised: June 12, 2015 Words underlined are a Packet Pg. 184 9.A.d 15) Radio and television sales and service; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationary stores; supermarkets and sanitoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services Q 21) The C-3 parcel at the southwest corner of Rattlesnake Hammock Road and Gmud Leh, Drive may be developed allowing C-3 uses,usts, as outlined in Section VI of Ordinance 92 1 S as amo dD a. and/or residential dwelling unit G N T } Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Sem,iees Difeete Board of Zoning Anneals oLn Hearing Examiner determines to be compatible with the district. ~ 0 0 0 N 0 B) Permitted Accessory Uses and Structures: N J a- 1) Accessory uses and structures customarily associated with the uses permitted in this district. LO Go 2) Caretaker's residence. N N O� M 6.03 DEVELOPMENT STANDARDS L 1) Minimum Site Area: As approved under Section 2.04 U .r 2) Minimum Site Width: As approved under Section 2.04 E 3) Minimum Yard Requirements from parcel boundaries: ca Abutting non-residential areas: Twenty five (25) feet a r c Abutting residential areas: Thirty five (35) feet in which an appropriately designed and landscaped buffer shall be provided, as determined under Section 2.14. M 4) Distance between principal structures: None, or a minimum five (5) feet with unobstructed passage Q from front yard to rear yard. 5) Maximum Height of Structure: Fifty (50) feet above the finished grade of the site. 6) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. 6-2 Lely Resort PUDA-PL20140002040 Words str-usltgh are deleted; Last Revised: June 12, 2015 Words underlined are added Packet Pg. 185 9.A.d 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought, or as annro__a deyiation:in Section XV of the BUD, rn M Lely Resort PUDA-PL20140002040 Words stfuelE are deleted; Last Revised: June 12, 2015 Words underlined are added 6-3 Packet Pg. 186 9.A.d �y DT�711�7�7►ii�1 Deviation 1• Deviation from LDC Sqclion 5 04 06 A 3 e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height_ to allow a temporary sign or banner a maximum of 32 square feet in area and a maximum of 8 feet in heightsubject to approval under temporary sign permit procedures in the LDC, The temporary sign or banner shall be limited to 14 day duration, not to exceed 28 days per calendar year_ This deviation applies to the entire PT D When ono/ V � V/ V of the dwelling units are sold within each subdivision utilizing this deviation request this deviation terminates and reverts to the LDC for such subdivision. Deviation 2: Deviation from LDC Section 5 06 02 B 6 b which permits two (2) ground or wall signs per entrance to the development with a combined sign area of 64squane feet to allow for two (2) ground or wall signs at the entrance to residential projects within the PUD with a gnmhined sign area of &Q e f per sign, and not to exceed the height or length of the wall upon which it is located This deviation applies to the entire PUD Deviation 3: Deviation from LDC Section 5 06 02136 which permits a maximum sign height of.8 feet for up to 2 ground or wall signs at each entrance to a multi family or single family development to allow a maximum sign height of 10 feet This deviation applies to the entire P D Deviation 4: Deviation from LDC Section 5 06 02 B 12 a which permits a maximum of 1 wall sign pursuant to LDC requirements for signs within non-residential districts and a maximum of two (2) ground signs with a height of 8 feet and sign copy area of no more than 32square feet per sign at the main entrance to internal residential community amenity facilities,to allow for a maximum of one (l) ground or wall sign for each individual amenity within the Player's Club at Lely Resortin addition to the main amenity entrance signs, not to exceed a height of ten (10) feet and sign cony area of 64 square feet per sign. The deviation applies solely to the Players Club at Lely Resort (Parcel No 55425003006). and is limited to a total of six (6) amenity site signs Deviation 5: Deviation from LDC Section 5 06 02 B 6 14 b which permits one boundary marker sign at each residential development property corner with a maximum sign face area of 24 square feet to allow for one boundary marker sign with a maximum sign face area of 32 square feet at each property corner of the C-3 tract at the southwest corner of Rattlesnake Hammock Road and Grand Lely Drive . -This deviation applies solely to the 20-acre tract designated as `C-3' on Revised Exhibit `H'_ Master rand Use Plan, and located at the southwest corner of Rattlesnake Hammock Road and Grand Lely Drive Parcel No. 53570100063, 53570100241, and 535701002251. Deviation 6: Deviation from LDC Section 5 06 04 F. 1 which permits an additional pole or ground sign for parcels having frontage of 150 ft. or more on a public street, or combined public street frontage of 220 lineal feet, where there is a minimum of a 1,000 feet separation between such signs to allow for a maximum of two (2) signs on the C-2 tract that fronts on U.S. 41, one of which may he located on the US EXHIBIT F 15-1 a 0 0 0 N w 21 a� J LO CD ti 0 0 o_ N O N J a M 00 N CD M 0 U a� E m a r c d E 0 a Lely Resort PUDA-PL20140002040 Last Revised: June 12, 2015 Words stmek threttgh are deleted; Words underlined are a Packet Pg. 187 9.A.d 41 frontage and the second which may he lnQated on the 'Triangle Blvd, frnntave with a minimum spacing of 400 feet between signs This deviation applies solely to the 9-acre tract de ignated as `C 2° on Revised Exhibit `H' Master Land Use Plan and located at the northwest corner of Tamiami Trail East and Triangle Blvd. (Parcel No. 55425001008). Deviation 7• Deviation from LDC Section 5 06 04 F 1 c which permits --a maximum allowable sign area of 80 square feet for a pole or ground sign located on an arterial roadway to allow for a maximum sign area of 100 square feet for a pole or ground sign located on the C-2 tract that fronts on U. S. 41 and on the C-3 tract at the southwest corner of Rattlesnake Hammock Road and Grand Lelv Drive Thi deviation applies solely to the 9-acre tract designated as `C 2' on Revised Exhibit H. Master T and 1 i3K Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd (Parcel No 55425001008), and the 20-acre tract designated as `C-3' on Revised Exhibit `H'_ Macter Land Use Plan and located at the southwest corner of Rattlesnake Hammock Road and Grand Lely Drive (Parcel To 3570100063, 53570100241, and 53570100225). 0 d 21 m J ti T 0 0 0 r N O N J a m Ln 00 N N C1 M L 0 U c d E s t� Q c m E s ca a Lely Resort PUDA-PL20140002040 Words stmelEfreugh are deleted; Last Revised: June 12, 2015 Words underlined are added 15-2 1 Packet Pg. 188 9.A.d LEGEND SYMe ITEM ACRES R RESIDENTIAL rw..ww rw.r« 1166.0 1 - COMMERCIAL /COMMUNITY 38.0 C2. COMMERCIAL/PROFESSIONAL 16.0 C3 r COMMERCIAL/NEIGHBORH000 36.0 ''EC E ID SON COLLEGE 44.0 oCt CULTURAL CENTER 46.5 RCt RESORT CENTER 49.0 �O C� GOLF COURSE 49S.0 CONSERVATION/OPEN SPACE 233.0 CYPRESS PRESERVE 171.S tP._S.i PARK/SCHOOL 21.5 CV LAKE 40S.S MAJOR COLLECTOR 70.5 00 MINOR COLLECTOR 64.0 N1811 LOCAL ROAD 26.5 ACREAGE XXX.X 961 R.O.W. RESERVE 9,0 TOTAL ACREAGE AREA 2892.0 TOTAL UNITS 8.940 TOTAL COMMERCIAL 90. FL 1.135,000 EXHIBIT H I Lely Resort PUDA-PL20140002040 Words stmek thr-eugh are deleted; Last Revised: June 12, 2015 Words underlined are aqded Packet Pg. 189 9.A.d mr �A Dm , T my mm CNI_t S n N Ul EXHIBIT I Packet Pg. 190 9.A.d TI1E�Sr' e -------------- t FLORIDA DEPARTMENT 0 f STATE RICK SCOTT Governor July 9, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Martha S. Vergara, BMR Senior Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-39, which was filed in this office on July 9, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building . 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 rn M www.dos.state.il.us Packet Pg. 191 9.A.e ® Stantec Memo To: Nancy Gundlach, AICP From Collier County Growth Management File: Lely Tract 12 PUDA (PL20210001795) Date Neighborhood Information Meeting Synopsis Reference: Neighborhood Information Meeting Synopsis Lindsay Robin, AICP Stantec January 24, 2022 Stantec Consulting Services Inc., and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Wednesday, December 14, 2021. The meeting was held at 5:30 p.m. at the South Regional Library at 8065 Lely Cultural Pkwy., Naples, Florida 34113. The meeting was hybrid and therefore an online option was also provided for participants to attend virtually. Approximately 10 participants attended using the link provided The sign -in sheet is attached as Exhibit "A" and demonstrates 86 residents were in attendance. Handouts were distributed providing information on the proposed amendment and are attached as Exhibit "B". Lindsay Robin (Agent) conducted the meeting with introductions of the consultant team and Staff, and an overview of the proposed PUD amendment application, including the location of the subject property and the request to add residential uses to the C-3 tract as an option for development. She also outlined the amendment processes and opportunities to provide input at public hearings. Fred Hazel, the Applicant representative from Davis Development, also spoke about the project and provided input on details relating to the proposed luxury apartments, and the market demand to create a residential project on this parcel. Following the Consultant's presentation, the meeting was opened up to the attendees to make comments and ask the consultant team questions regarding the proposed development. The following is a summarized list of the questions asked and responses given. The Applicant's representatives' responses are shown in bold. Question/Comment 1: Does Davis Development own the property? ➢ Response: [Developer] No, Stock Development owns the property. Davis Development is the contract purchaser. Question/Comment 2: It's zoned C-3 and curb cuts were always planned on to Collier Blvd. from this lot for the last 30 years. Design with community in mind rl11us0227-ppfss011workgroup\2156\active\215616630\planning\analysis\puda\nim\summarylnim synopsis_rev1.dou Packet Pg. 192 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 2 of 11 Reference: Neighborhood Information Meeting Synopsis Response: [Planner] Yes, it will remain a C-3 parcel. We are adding the option to do residential on the C-3 parcel. Question/Comment 3: Is there a process to change the land from commercial to residential? Response: [Planner] Yes, that is the process we are currently in now with the County. We are requesting approval to add residential uses to this parcel. Question/Comment 4: The entrance and exit was supposed to be on Collier Blvd. This property has always been zoned C-3 with planned entrances and curb cuts on Collier Blvd. and at the time of that zoning Collier Blvd. was a two-laned country road. We're asking to not reduce the number of curb cuts that have long been planned on to Collier Blvd. Response: [Attorney] It was zoned C-3 when this was originally rezoned back in 1992. Looking at the PUD master plan, there is no access from this C-3 parcel to Collier Blvd., so there is no currently approved access for the commercial project that could be built on this property on to Collier Blvd. We will be talking to County staff about access, and what they think about the access. We go through the Site Development Plan process, that is the next step after we go through the first process, which is to amend the current PUD. It was pointed out, but I will point it out again, this process requires us to go through the CCPC first, they will make a recommendation whether they agree or don't agree with our adding residential units to this particular piece of property. Then we'll go to BCC. The BCC will consider both staff's recommendations and the CCPC recommendation and they will make the ultimate decision as to whether or not to add residential to this particular piece of property. They may say yes it makes more sense to have residential than commercial on this piece of property, they may say no they don't agree with that. We have not asked for any changes to the development standards that already exist on this C-3 piece of property. We haven't asked to go taller than what we could do for commercial and that's what we are proposing to do. The purpose of this meeting is to explain that's what we want to do, get your feedback, I get that you don't like that access solely on Celeste. I get that, but access currently is on Celeste after the commercial, so let's make sure we understand what's currently approved. Nancy is going to go back to transportation staff at the county and say there is concern about the traffic going on to Celeste. Question/Comment 5: We're concerned about the 4-story building. Response: [Attorney] I'm hearing now you don't like the four-story as currently could be built. Design with community in mind rl11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\summarylnim synopsis_rev1.docx Packet Pg. 193 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 3 of 11 Reference: Neighborhood Information Meeting Synopsis Question/Comment 6: Are these being leased on an annual basis? Or could there be potential for VRBO, Air BNB, or what do you anticipate for that? ➢ Response: [Developer] This would be a market -rate, for -rent, with year -plus leases, so no this is not a short-term rental of any sort. This is a luxury multi -family project. Question/Comment 7: Who can reside in your community? ➢ Response: [Developer] To reside in our community you have to be on the lease if you're going to live in the unit. You have to be background checked to be accepted into the community. We will know the name of every person living in the community. Question/Comment 8: We agree to disagree on that potential. My name is Tim Schofield, I'm a new resident to Tiger Lilly estates and was very displeased to find out a couple days after we closed that the plans are changing for this to go to residential from commercial. I think most of us agree here the density, the size, and the traffic, but more the density. Take a look at that aerial. There are 12 homes across Collier on less space than 184 units. The absolute mass you are proposing to plunk in across the street from our homes is not acceptable. To drop this to 3-stories, doesn't look like the money wouldn't work for me, to build the project, that makes it 1/4 better, but the density is still 15X and anything near that. I don't believe that the traffic, environmental, and all the beautiful things my wife and I could bring from the state of California with us, is going to make this project worth your while. ➢ Response: The comment was acknowledged. No response was provided. Question/Comment 9: We are very concerned about the traffic because people take the path of least resistance. So, if the exit/egress is onto Celeste only people are going to come out on to Celeste and go through the residential neighborhoods rather than going to the light because the lights take 3+ minutes. We met the department of transportation and they actually wanted to increase the speed limit because so many people were speeding, but we said no thank you. How many parking spaces are provided? The height is a big issue. Access/egress only on Celeste is a major issue. Someone else is going to get hurt and die. ➢ Response: The comment was acknowledged. 370+\- spaces. Question/Comment 10: Since Stock developed everything in Lely, why is he not developing this property? ,ith community in mind rl11us0227-ppfss011workgroup\2156\active\215616630\planning\analysis\puda\nim\summarylnim synopsis_rev1.docx Packet Pg. 194 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 4 of 11 Reference: Neighborhood Information Meeting Synopsis Response: [Attorney] The reason Stock's not developing it is they do not want to develop this piece of property, so it went out to market and Davis Development responded to that going out to market and currently is the contract purchaser on the site and is taking this through the process to change or add the use of residential. Frankly, I am Stock's lawyer. I have done all of Stock's zoning and changes, I've done all of the projects that Stock has done. Question/Comment 11: I'd like to understand the approval process a bit more. After the BCC approves this, it is after the approval that the traffic study is done and that doesn't make sense to me. When will a true traffic study be done? Response: [Engineer] A traffic analysis is done at the time of SDP approval. After the zoning approval. We could submit concurrently for SDP — Site Development Plan — but right now we're looking at seeking approval of the zoning process and then come back and submit the SDP and traffic study, which is a part of that process. Question/Comment 12: So, what if they say then that the site can't handle the traffic? Then what? Response: [Engineer] Then we can't build. If traffic improvements were necessitated out of that then the County may come along and force those improvements on the project in order to receive approvals. Question/Comment 13: 1 would just encourage you all to call and email your county commissioners please. Rick Locastro could not be here tonight he had another meeting. We met with him about the traffic going in and out and he's fully in agreement with us, but they need to hear from you. All five commissioners have to vote, so I would email all 5 with your issues and concerns. ➢ Response: The comment was acknowledged. Question/Comment 14: 1 would hope that our commission would take a look at the fact that we did not have Ole in 1992. ➢ Response: The comment was acknowledged. Question/Comment 15: The way Lely is set up now is different than what was envisioned back when 10,000 units were approved [in 1992]. What you're doing on that corner needs to be considered. They envisioned it differently. Why aren't you putting a strip center there instead of apartments? Design with community in mind rl11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\summarylnim synopsis_rev1.docx Packet Pg. 195 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 5 of 11 Reference: Neighborhood Information Meeting Synopsis ➢ Response: [Attorney] The truth is right now retail is not the most desirable option on various pieces of property. We've all been through our recent experiences with COVID and we know typical retail uses are not demanded. The reality is retail is not marketable on that piece of property. They [Stock] sought solicitation and Davis made a proposal. Question/Comment 16: What is the purchase price of the lot that you are going to pay Stock? Celeste is very busy and I don't see any bicycle lanes. Also, noise of the traffic right now is very loud. ➢ Response: The comment was acknowledged. Question/Comment 17: 1 disagree with you about retail. If you go downtown, you will notice restaurants are packed not just now but during summers. We need more resources in this area to accommodate and enhance our lifestyle here. We need coffee shops and places to go. ➢ Response: The comment was acknowledged. Question/Comment 18: The issue is size. The height. That's the big concern —the scale. I also don't think there should be any ingress on to Celeste Drive. Find a way to get that on to Collier and extend the wall that ends at Ole and bring that up and around to give us some privacy. ➢ Response: The comment was acknowledged. Question/Comment 19: If you want this community not to oppose what you are doing you are going to need to change it. You can't have the density and you can't have the access on Celeste. Otherwise, you will force us to hire our own traffic engineer to do an analysis and oppose your project. You want to look for our support. ➢ Response: The comment was acknowledged. Question/Comment 20: 1 personally think having residential there instead of retail is a better thing if done right. What's the perimeter of the project? ➢ Response: [Developer] We want to match the richness of the landscaping around the resort. We do that in-house [landscaping]. We will bring forth a very lush landscaping for the buffers and interior. We use larger caliper trees and do everything in a nicer fashion. At this time no wall is planned. ,ith community in rl11us0227-ppfss011workgroup\2156\active\215616630\planning\analysis\puda\nim\summarylnim synopsis_rev1.docx Packet Pg. 196 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 6 of 11 Reference: Neighborhood Information Meeting Synopsis Question/Comment 21: If you add 184 additional units, you're going to have so many problems and it's too much density. ➢ Response: The comment was acknowledged. Question/Comment 22: Seems to me like Davis is not ready for this meeting. You will do a traffic study after the fact, you will do a landscape study after the fact, we pay taxes now, we want answers now about how this is going to impact us. We spent a lot of money to be here to retire here to enjoy it here and you keep saying we will do this after the fact. You should be doing this before the fact and then we'd be supporting you, but we can't support this. Response: [Developer] There's a process that's been talked about that we have to go through. We're not trying to short-circuit the process in fact we're just trying to be right in our approach there are steps that have to be taken, which we will take as the County asks. The traffic will be discussed with the jurisdiction to make sure it works. Question/Comment 23: One thing I see looking at the website for Founders Square that Davis is proud of, is that it's a pet -friendly development. Will this be a pet -friendly development? Looking at the site plan with the only entrance on Celeste we know where 200+ dogs are going to go do their business. What's your plan to manage the dog poop that's deposited further down Celeste and in Tiger Island along with the Verandas and surrounding neighborhoods? Response: [Developer] We area pet -friendly community and how you deal with that is 1— we have breed restrictions, 2- we have dog love stations throughout, we have play areas for dogs and water for dogs. We know our residents will have dogs and we know how to deal with that. Question/Comment 24: The amount of U-Haul's, moving trucks, and vans will affect our traffic greatly if these are rentals. How will you make sure this doesn't affect us who live along this road? Response: [Developer] We will have appropriate space at each building for move- in/move-out activity obviously that's an anticipated part of the lifestyle of the deal. To the extent we have moving vans coming in there's places for them to park interior to the deal to get access to the elevator to get moved in. Question/Comment 25: Why have you not prioritized looking for a tract of land to develop that already allows zoning for residential development? Design with community in mind rl11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\summarylnim synopsis_rev1.docx Packet Pg. 197 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 7 of 11 Reference: Neighborhood Information Meeting Synopsis Response: [Developer] We found this site that Stock wasn't developing and liked the location and we feel it's a good spot for the product and will be well -received. We're always looking for opportunities and they come with varying stages of approval. Question/Comment 26: My question is for the County — what is the probability that an access to Collier Blvd. would be possible? ,- Response: County staff is here for observation tonight, not to be directly questioned. Question/Comment 27: At this juncture have we [Davis Development] tried to achieve other access points other than Celeste? Response: [Developer] No. There will be a time and place for that. There is a curb cut also on the parcel I believe to the north that accesses the main boulevard, Grand Lely, and we aren't even showing use of that at his point, feeling that the access point ingress/egress is better served as it is shown on Celeste. Again, we're going to go through that process and listen to what the experts have to say, the County says, and so that is an open item that has to be addressed. Question/Comment 28: Other than the fact that you're required to hold his meeting do you really care what we have to say? Response: [Developer] Yes, I do care what you think and how you feel and what your thoughts are — that's why we're here. I've been doing this for 25 years and have stood in front of a lot of homeowners for this very purpose. My goal is to be a good development partner and a good neighbor in the community. We're not an unknown corporate entity, we work for one gentleman this is his private company, so that gives us a lot more flexibility that other developers. But again, obviously we're businessmen and we're trying to make money on this endeavor. Question/Comment 29: That property was used as a dumping spot during Irma. Is there a separate plan for the construction? How long will it take? Response: [Developer] The construction entrance will have to be a permitted item with the jurisdiction. As for the trucks coming and going from the site, obviously there will be traversing in and about a third of the construction is deliveries, so one we're governed by not making a mess in the street. We will be the same folks constructing this so my phone will be ringing — it's still employees that work for me, I'm managing that process. To the extent we can place that at the best location, which may not be on Celeste, but we will Design with community in mind rl11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\summarylnim synopsis_rev1.docx Packet Pg. 198 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 8 of 11 Reference: Neighborhood Information Meeting Synopsis see what the jurisdiction will allow and then we manage that process. We will be good neighbors in that process. From groundbreaking to vertical about 16-month process. Question/Comment 30: My question is not for you [the developer] what about property values? I really like the neighborhood ... but. ➢ Response: The comment was acknowledged. Question/Comment 31: 1 don't see a lot of options for dogs to go walking. Where are they going to walk? To my house? Also, retail is not dead. You can't get a parking space at Home Goods. ➢ Response: The comment was acknowledged. Question/Comment 32: Entrance on Celeste would be on a one-way street, does that mean everyone coming out has to take a left? Or will you eliminate that? Response: [Developer] There is a median with a break and a curb cut that's what our initial plans show. Question/Comment 33: What percentage are you willing to offer the county for Section 8 housing to sweeten the pot because that has happened in some of the bigger communities? Response: [Attorney] None of them are section 8. It's 120% of the median income. They have been imposing that for growth management plan amendments, not for rezones that are consistent with the existing growth management plan. I don't anticipate having to set aside any units. We haven't committed to that in any of our submittals and I don't expect that ask to come from the BCC or County staff, and if so, we would obviously fight back. Question/Comment 34: My biggest concern is that all of those people trying to get in and out of that space in an emergency. Traffic needs to be considered for the safety of this community. ➢ Response: The comment was acknowledged. Question/Comment 35: There's nothing that is going to benefit us with this project. Name something that we, the residents, will benefit from? Response: [Developer] Maybe someone doesn't have the ability to maintain their home in Lely Resort and want to stay — I have elevators. Maybe some new neighbors you can meet. We will bring nice residents to the area. And it's another housing option. Design with community in mind rl11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\summarylnim synopsis_rev1.docx Packet Pg. 199 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 9 of 11 Reference: Neighborhood Information Meeting Synopsis Question/Comment 36: It seems like there is a better option for that Property. We're open to commercial. It seems like adding that much traffic, people, and blocking of views is hard for us to imagine. Appreciate you thinking about that and knowing where we're coming from. ➢ Response: The comment was acknowledged. Question/Comment 37: What's the benefit to us? You'll have lots of lights there, you'll light up the whole place. Response: [Developer] One of the things you're required to do is a light study. Fixtures have to be shielded down and directed away from other homes. The design will be sensitive to light pollution. That is part of the permitting and process we have to do. Question/Comment 38: Will there be rental signs posted along Celeste to market this building? y Response: No, we are not planning on anything except our base sign, which will be a monument sign permitted through the appropriate jurisdiction. Just one sign at the entry and that will be all the signage for the community. Question/Comment 39: Is this a unique situation for you all? Have you ever built something like this in a residential area like this? Is this typical, or atypical for you? What is your historical experience with property values being maintained once you are built? Congestion? People assimilating? What is your experience? Response: [Developer] Because we develop very upscale communities the residents and community tend to be upscale. As long as it's done properly and tastefully its an enhancement to the community, its another housing option, an important part of the housing stock in our country at a time where we have a very high shortage of housing. That's why single-family houses as soon as they hit the ground are being bought at record pace with escalating prices, so there is a need for the housing. I have not heard or seen any deteriorating of values of single-family homes. Question/Comment 40: How long do you typically hold on to the property? Response: [Developer] We hold some for over a decade, and some we sell soon after construction. They are sold to top-notch owners and operators in the country. It will always be run as a high -end institutional asset that will maintain its value because of the investment we're making, and if we have a buyer, the investment they are making. Design with community in mind rl11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\summarylnim synopsis_rev1.docx Packet Pg. 200 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 10 of 11 Reference: Neighborhood Information Meeting Synopsis Question/Comment 41: How many parking spaces? Any parking restrictions? y Response: [Developer] 373 parking spaces including interior garages that could be rented to residents of the building We don't allow commercial trucks or bring -home vehicles. We have restrictions for that. Question/Comment 42: It goes against the previous planners and approvers who originally zoned this as C-3 with valid reasons and rationale to do so and I'm not sure residential use of C-3 is the right move. y Response: The comment was acknowledged. Question/Comment 43: 1 want to reiterate the concern for our 108 residents [the Verandas] who I feel will be directly affected by the increased traffic that I believe will occur as the only entrance being located on Celeste. We are not a gated community and people already use our roadway as a cut -through from Celeste to Tiger Island, so our community will be affected by the traffic and also by noise that we already hear from 951 [Collier Blvd.]. y Response: The comment was acknowledged. Question/Comment 44: 1 think you would have been better off if you showed a connection to 951 [Collier Blvd.] This is common sense. Response: [Attorney] Collier County is here for a reason as well. They have told us you're not getting access on 951, so that's why we didn't show access on 951. That's why we're here so we can tell them the residents want them to change their mind. So one of the benefits of this meeting is Nancy is here from the County and she will go back and tell transportation staff that the residents think the better option is to put access on 951. So, we showed you a realistic plan, and I appreciate your comments about 951. There were no further questions or comments. Ms. Robin thanked the attendees for coming and noted that their contact information is available for those who wished to reach out with any further questions. The meeting concluded at approximately 6:45 p.m. The meeting was recorded per the CD attached as Exhibit "C". Design with community in mind rl11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\summarylnim synopsis_rev1.docx Packet Pg. 201 9.A.e January 24, 2022 Nancy Gundlach, AICP Page 11 of 11 Reference: Neighborhood Information Meeting Synopsis Stantec Consulting Services Inc. dL Lindsay F. Robin MPA, AICP Urban Planner Phone: 239 985 5502 Lindsay. Robin@stantec.com Attachment: Attachment c. C.C. Design with community in mind rl \\us0227-ppfss01\workgroup\2156\active\215616630\planning\analysis\puda\nim\summary\nim synopsis_rev1.docx Packet Pg. 202 9.A.e z LU LU z O ry O H z Q O O 2 O m (2 V LU z z LLJ O LJ LU 0 z LU z z Q I..L. I 0 OL 01-1 O Q O O N O Lo 0-4 O CN :^:D ` I..L Z LU E 0 � Z U LU a LU u z w CL LU LU a CL � Q Gl E u u Gl CL a� o N o * u � c v v Q u C3 Q a Q 'n v N Q y E O O � L v o0 u u _r a a W M YIA f-0 IZ n� v� M 4A 10 �. 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W a Packet Pg. 208 9.A.e SECTION II PROJECT DEVELOPMENT 2.14 PUD Monitoring One entity (hereinafter the Managing ntity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying ing all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Stock Development, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Enti , shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2.15 Miscellaneous Pursuant to Section 125.022(5) F.S., 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. SECTION VI C-3 COMMERCIAL/NEIGHBORHOOD 6.01 PURPOSE The purpose of this Section is to set forth regulations for the areas designated on Revised Exhibit `H', Master land Use Plan, as `C-3'. The C-3 tracts are intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations. Lely Resort PUDA-PL20210001795 Words stfue'�= are deleted; Last Revised: December 14, 2021 Words underlined are added Page 1 of 3 Packet Pg. 209 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other place or worship; clothing stores; confectionary and candy stores. 4) Delicatessen; drug stores; dry cleaning shops; dry goods stores and department stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops. 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospitals and hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. 10) Jewelry stores. 11) Laundries — self-service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; music stores. 13) Office (retail or professional); office supply stores. 14) Paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and service; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationary stores; supermarkets and sanitoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary office and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. 21) The C-3 parcel at the southwest corner of Rattlesnake Hammock Road and Grand Lely Drive and the C-3 parcel at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive may be developed allowing C-3 uses, as outlined in Section VI of Ordinance 92-15, as amended, and/or residential dwelling units. Lely Resort PUDA-PL20210001795 Last Revised: December 14, 2021 Words stfue'�� are deleted; Words underlined are added Page 2 of 3 Packet Pg. 210 9.A.e 22) Any other commercial use of professional service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or Hearing Examiner determines to be compatible with the district. B) Permitted Accessory Uses and Structures: 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. Lely Resort PUDA-PL20210001795 Last Revised: December 14, 2021 Words stfue'�� are deleted; Words underlined are added Page 3 of 3 Packet Pg. 211 9.A.e ® Stantec Stantec Consulting Services Inc. 5801 Pelican Bay Boulevard, Suite 300, Naples FL 34108-2709 November 12, 2021 Re: NOTICE OF NEIGHBORHOOD INFORMATION MEETING LELY RESORT PLANNED UNIT DEVELOPMENT (PUD) Amendment to a Planned Unit Development (PUDA) (PL20210001795) Dear Property Owner: In compliance with Collier County Land Development Code please be advised that Davis Development, Inc. has filed an application with Collier County. The application is seeking approval of an amendment to the Lely Resort Planned Unit Development to allow residential uses on the C-3 tract located at the southwest corner of Collier Boulevard and Grand Lely Drive. The proposed amendment does not seek to increase density or to add residential units to the Lely Resort PUD. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this application and ask questions. The Neighborhood Information Meeting will be held on Tuesday, December 14 at 5:30 p.m. at the South Regional Library, Room A, 8065 Lely Cultural Pkwy, Naples, Florida, 34113. A virtual meeting option is also available: TEAMS Meeting: https://bit.ly/3D4aTYV or call TOLL FREE: United States, (833) 436-6264 Conference ID: 561 649 706# Should you have questions prior to the meeting, please contact me directly at (239) 985-5502, or Lindsay. robin@stantec.com. Sincerely, STANTEC CONSULTING SERVICES INC. Lindsay F. Robin, MPA, AICP Urban Planner Packet Pg. 212 9.A.e NOTICE OF NEIGHBORHOOD INFORMATION MEETING In compliance with Collier County Land Development Code the public is invited to attend a neighborhood information meeting held by Stantec Consulting Services, Inc. on behalf of Davis Development, Inc., at the following time and location: DATE: Tuesday, December 14, 2021 TIME: 5:30p.m. ADDRESS: South Regional Library, Room A, 8065 Lely Cultural Pkwy., Naples, Florida, 34113 VIRTUAL MEETING OPTION: TEAMS Meeting: https:Hbit.ly/3D4aTYV or call TOLL FREE: United States, (833) 436-6264 Conference ID: 561 649 706# Davis Development, Inc. has filed an application with Collier County (case number PL20210001795). The application is seeking approval of an amendment to the Lely Resort Planned Unit Development to allow residential uses on the C-3 tract located at the southwest corner of Collier Boulevard and Grand Lely Drive. The proposed amendment does not seek to increase density or to add residential units to the Lely Resort PUD. ATTLES .KE HAMMOCK RD Z7, 'LELY �• RESORTARLINNA � • `•SOUTH LOCATION MAP Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners' representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed to: Stantec Consulting Services, Inc. c/o Lindsay Robin 5801 Pelican Bay Blvd., Suite 300, Naples, FL 34108 (239) 985-5502 OR Lindsay. robin(a)stantec.com *The Collier County Library does not endorse or sponsor this project in any way. Packet Pg. 213 Nalitt,15,,1, cI11J �`t ws 9.A.e PART OFT HE USA TODAY NETWORK Published Daily Naples, FL 34110 STANTEC 5801 PELICAN BAY BLVD # 300 NAPLES, FL 34108-2709 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk 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 Naples, 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 said newspaper issue(s) dated: Issue(s) dated: 11/17/2021 Subscribed and sworn to before on November 17. 2021: otary, tat u f Brown �5 15-�3 My commission expires Publication Cost: $364.00 Ad No: 0005005606 Customer No: 1307920 PO #: # of Affidavits 1 NOTICE OF NEIGHBORHOOD INFORMATION MEETING In compliance with Collier County Land Development Code the public is invited to attend a neighborhood information meeting held by Stantec Consulting Services, Inc. on behalf of Davis De- velopment, Inc., at the following time and location: DATE: Tuesday, December 14, 2021 TIME: 5:30p.m. ADDRESS: South Regional Library, Room A, 8065 Lely Cultural Pkwy., Naples, Florida, 34113 VIRTUAL MEETING OPTION: TEAMS Meeting: https://bit.ly/3D4aT YV or call TOLL FREE: United States, (833) 436-6264 Conference ID: 561 649 706# Davis Development, Inc, has filed an application with Collier County (case number PL20210001795). The application is seek- ing approval of an amendment to the Lely Resort Planned Unit Development to allow residential uses on the C-3 tract located at the southwest corner of Collier Boulevard and Grand Lely Drive.. The proposed amendment does not seek to increase den- sity or to add resid PUD. ;OCATION MAP Business and property owners and residents are welcome to at- tend the presentation and discuss the project with the owners' representatives and Collier County staff. If you are unable to at- tend this meeting, but have questions or comments, they can be directed to: Stantec Consulting Services, Inc. c/o Lindsay Robin 5801 Pelican Bay Blvd., Suite 300, Naples, FL 34108 (239) 985-5502 OR Lindsay. robin@stantec.com *The Collier County Library does not endorse or sponsor this project in any way. Nov 17, 2021 #5005606 NANCY HEYRMAN Notary Public State of Wisconsin This is not an invoice Packet Pg. 214 9.A.e ® Stantec To: Nancy Gundlach, AICP From Collier County Growth Management File: Lely Tract 12 PUDA (PL20210001795) Date Second Neighborhood Information Meeting Synopsis Lindsay Robin, AICP Stantec April 1, 2022 Reference: Second Neighborhood Information Meeting Synopsis Memo Stantec Consulting Services Inc., and Davis Development Inc. conducted a second Neighborhood Information Meeting (NIM) on Thursday, March 10, 2022. The meeting was held at 5:30 p.m. at the South Regional Library at 8065 Lely Cultural Pkwy., Naples, Florida 34113. The sign -in sheet is attached as Exhibit "A" and demonstrates approximately 167 residents were in attendance. Fred Hazel, the Applicant representative from Davis Development Inc., conducted the meeting and provided an overview of the adjustments that were made to the plan after the first NIM. Following the presentation, the meeting was opened to the attendees to make comments and ask the consultant team questions regarding the proposed development. The following is a summarized list of the questions asked and responses given. The Applicant's representatives' responses are shown in bold. Question/Comment 1: How many units will the development have? ➢ Response: The proposed development will have the same number of units as we have discussed in the previous meeting- no change [184 units]. Question/Comment 2: Will there be an exit onto Collier Boulevard? ➢ Response: Yes, the primary entry/exit point for the project will be via Collier Boulevard Question/Comment 3: Thank you for addressing many of the issues that we brought up in the first neighborhood information meeting (NIM). Will there be an exit onto Celeste Drive? Will the median stay there? ➢ Response: Yes, there will be an exit onto Celeste Drive and the median will be staying there. Design with community in mind rl11us0227-ppfss011workgroup\2156\active\215616630\planning\analysis\puda\nim\second niminim2_synopsis_20220314.docx Packet Pg. 215 9.A.e April 1, 2022 Nancy Gundlach, AICP Page 2 of 7 Reference: Neighborhood Information Meeting Synopsis Question/Comment 4: Many of the residents here always thought this parcel of land would be commercial, which we want. The land is zoned commercial, we shouldn't assume residential would work here. Response: I appreciate your thought. The property was marketed for commercial for years, but no one bought it. Our intent is to the best neighbors we can be if this development is successful, that is why we are here to listen to and address your concerns. Question/Comment 5: 1 appreciate the effort you've done here, but I stand on the idea that residential does not work for this area. What will the rent be for this project? We are worried about having low rent rates near our community. Response: Rental rates have certainly increased since our last NIM, so those we spoke about previously may be inaccurate now. The development's rental rates will be some of the highest in the market. Question/Comment 5: Will the entrances/exits from the townhomes be contained to the project? We are concerned about the density being too high. Response: Yes, the townhomes will have rear -loaded garages, so their natural front door will be street -side, but the walk system will feed these entrances back internally to the development. There will be significant landscape buffering between the townhomes and Celeste Drive. As for the density, we try to maintain a certain core number of units for this development model. Question/Comment 6: We understand you want to make money here, but we feel like this project is an infringement on our community. We bought our homes with an understanding of the neighborhood and now you are trying to change that. Traffic is already bad here and we are worried this project will worsen it. We want the only project exit to be onto Collier Boulevard, we don't want anything onto Celeste. Response: The exit point on Celeste was a suggestion given by the County, not a mandate. We are happy to look more into this suggestion. Question/Comment 7: I'm distraught by this project. We thought this land was zoned light commercial. Has this changed and/or is this in the process of being changed? r, Response: We are going through the application to make this zoning change. n with community in mind rl 11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\second nirnWrn2_synopsis_20220314.docx Packet Pg. 216 9.A.e April 1, 2022 Nancy Gundlach, AICP Page 3 of 7 Reference: Neighborhood Information Meeting Synopsis Question/Comment 8: Exit on Celeste- what would stop people from making a U-turn here? Response: It is unlikely that someone would take this route. We work closely with traffic engineers, from the County and our project team, to understand these potential issues. Question/Comment 9: At the last NIM meeting you said you would conduct a Traffic Impact Study (TIS) after the proposal, is this still happening? Response: Yes, this is the correct process, but we are moving the TIS up because you wanted this. We are now doing a TIS which will be included in the resubmittal. Question/Comment 10: 1 thought the county said no access to Collier Boulevard? Response: Collier Boulevard is a limited access road, but you made it very clear to us that you wanted the project's access points to be on Collier, so we went back to the County and fought for this. We are working towards having these access points. Question/Comment 11: We are worried that people will use the roundabout on Celeste and cut through the neighborhood, instead of taking Collier Boulevard. Additionally, we are worried that pedestrians will use our sidewalks/roads to walk their dogs. Response: We have great experience with residents with pets and we don't find this as a problem. People may take a stroll through the neighborhood, we cannot stop this. Landscape and buffering along Celeste will be present. Question/Comment 12: The high rents will persuade tenants to home more than one family in their units. Response: This will not occur. Our communities utilize lease agreements to limit occupancy in the units. Additionally, any person living in our community will be required to undergo a background check. This is all industry standard. Question/Comment 13: Are there renderings of a side view of the development? Response: Not yet, but I can assure you that the architecture will remain compatible with the existing neighborhood aesthetics. Question/Comment 14: Why did you originally ask for the TIS waiver? with community in mind rl 11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\second nirnWrn2_synopsis_20220314.docx Packet Pg. 217 9.A.e April 1, 2022 Nancy Gundlach, AICP Page 4 of 7 Reference: Neighborhood Information Meeting Synopsis y Response: We weren't increasing density to the Lely Resort PUD, so the County granted us this waiver. Question/Comment 15: How long is the setback from the townhomes to the sidewalk (on Celeste Drive)? y Response: I would guess this setback would be about 60-70 feet. We can get an exact measurement for you later if you'd like. Question/Comment 16: Where will the stormwater runoff go? y Response: At the appropriate time in the application process, Stantec will help us engineer the stormwater system which will be designed and permitted through the jurisdiction. The stormwater will most likely be held underground. Question/Comment 17: How does the rezoning process work? How can the community apply input into this process? y Response: (The rezoning process is explained). There are plenty of opportunities for community input. You can participate in public meetings, send letters/email, etc. Question/Comment 18: Over 2,300 people signed a petition opposing this development, there's still a lot of concern. Your application states that this project is compatible with our community, how do you measure compatibility? How is this project compatible with the surrounding area? Response: We assess the architecture of Lely Resort and surrounding community. Our goal is to bring complementary architecture to keep up with the aesthetic of Lely Resort. We can assure you that the architecture will be pleasing because there is a demand for it. Mixed -type housing is very common, and we believe that our development will provide an asset to your community. Question/Comment 19: 1 feel there's some inconsistencies shared here tonight. Was there an EIS done for the stormwater runoff? How would residents enter the development when going North? Response: Stormwater is required to go through a permitting process. The jurisdiction governs over our plans. Residents have a few options for getting to the development when traveling North. They can make a U-turn at the intersection and enter via Collier Boulevard, they can make a left turn and enter via Grand Lely, etc. ,) with community in mind rl 11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\second nirnWrn2_synopsis_20220314.docx Packet Pg. 218 9.A.e April 1, 2022 Nancy Gundlach, AICP Page 5 of 7 Reference: Neighborhood Information Meeting Synopsis Question/Comment 20: There will be a meeting on Monday night with Commissioner LoCastro - Come to the meeting! Response: Thank you for your comment. Question/Comment 21: We need to watch what we're wishing for. We have more control over a residential development, over a commercial development. We have a group who is working with us. If commercial comes here, they can put many different things, C-3 has a very broad group of uses. If we shoot this down, we may not get heard in the future- I'd rather have a group that works with us. Response: Thank you for your comment. Question/Comment 21: We are worried that rentals, which are higher density, may change the community feel. y Response: Thank you for your comment. [Community Member] There are already rentals within Lely Resort. Question/Comment 22: Would that main road need state approval? Response: No, it's a County road. Question/Comment 23: Would this development be a part of the Lely Homeowners Association (HOA)? y Response: We wouldn't be opposed to this. Question/Comment 24: Where will the residents leave their trash/recycling? y Response: All the trash bins will be inside the buildings. There will not be any exterior trash facilities. Townhomes will have traditional street -side waste bins. Question/Comment 25: We want you to reduce the units. Response: Thank you for your comment. Question/Comment 26: What will the name of the development be? Lely Resort? I with community in mind rl 11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\second nirnWrn2_synopsis_20220314.docx Packet Pg. 219 9.A.e April 1, 2022 Nancy Gundlach, AICP Page 6 of 7 Reference: Neighborhood Information Meeting Synopsis y Response: We do not have a name for this project yet, but it will not be Lely Resort. Question/Comment 27: Will the townhomes have a connection to the sidewalk (off Celeste Drive)? We don't have access to their community, why should they be able to use ours? Also, our roads are outdated, we don't have any room for more pedestrians/bicyclists. y Response: Thank you for your comment, we will investigate your concerns. We can consider helping with road improvements. Question/Comment 28: Will there be another meeting so we can see the revisions you make? y Response: Yes, we would be happy to come back and meet with you folks. Question/Comment 29: Who oversees traffic in the County? y Response: Trinity Scott is the Deputy Department Head at Collier County. Question/Comment 30: Do you have other projects in Collier County? y Response: Yes, we have one, four-story community here in the Naples area. Question/Comment 31: How can we access the new site plan? y Response: We would be happy to share site plan once it is more concrete. Question/Comment 32: The landscaping looks sparse compared to what we're used to. What is the depth of the landscaping buffer? y Response: I'm guessing the buffer area is around 50 feet. We'd be happy to have any community input for the landscaping plan. Question/Comment 33: I'm concerned about affordable housing in Collier County. Are you considering making any of the units affordable? y Response: We have not included affordable housing in our project. Question/Comment 34: Neighborhood information meetings (NIM) are helpful. Can you make a commitment for another one after revisions? Response: We wouldn't be opposed to coming back for another NIM. J with community in mind rl 11us0227-ppfss011workgroup\21561active1215616630\planning\analysislpudalnim\second nirnWrn2_synopsis_20220314.docx Packet Pg. 220 9.A.e April 1, 2022 Nancy Gundlach, AICP Page 7 of 7 Reference: Neighborhood Information Meeting Synopsis Question/Comment 35: 1 don't think that you are proposing enough parking for this project ➢ Response: Thank you for your comment. This project will have about 2.02 parking spots per unit. The county has parking standards, which we abide by. There were no further questions or comments. Mr. Hazel thanked the attendees for coming and noted that their contact information is available for those who wished to reach out with any further questions. The meeting concluded at approximately 7:10 p.m. The meeting was recorded and provided to the County as Exhibit "C". Stantec Consulting Services Inc. Lindsay F. Robin MPA, AICP Project Manager, Planning Phone: 239 985 5502 Lindsay. Robin@stantec.com Attachment: Attachment c. C.C. ,ith community in mind rl11us0227-ppfss011workgroup\2156\active\215616630\planning\analysis\puda\nim\second niminim2_synopsis_20220314.docx Packet Pg. 221 9.A.e EXHIBIT "A" C u o D o s o � ° c u r s •3 c r� z .O � C ° c v �,�..� `� o L 0 4) v W w O p� H°Uuo °� 0 -6 L W v>o L Z W O EUW � u a� W 3 0Q0 J u C Gl o > m o N � J . 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LLJC v J r�-, v5-cy L W a°i > u Z > CDE'°' 20 0 00 OWo� 0 -0 u (L) F—N p w 2 0 0 0 u CQ Zp�a N ��vo C ry io OW �/ �/ �� > y� Z z N Z Q)•o•aai a O _ -0 0 N 0 - C) Q 00 fin On oLL,*���EU O i F- r- ��Eov = 0 w a �vr�° CL U L � 0 t t :E O � o u o c arn0 H c 0/'� r=rvz O W u .0-MAc u -°u O v c CL V .°O� C W W Q �o- Z ry �,vE�o � h .00cB E a O C =a o� 0 N J W ° >� v o J o o a o 3 u > > o 0>� >0. c v Q v H .- Ni N IN \a 0 v Q : 9 `I Q QJ U — rai V IlL 7 rl _ _ M M N ON V� • T l V IN c �J r r (� � Jo .4 �7 0N 56 Packet Pg. 223 rr rn� Z V W Z :�E W OL w0 C W Z > O LU F— F— CQ Z ry L ::D 0 O LU Z ZZ Q Q Or Oi = Q ry Ool � F— = ry C� O W V) LU Z r/ -0 >- c J N w J Q 0 OL Z LU L 0 Z LU L E CD W Co Q� ..a J u N Z O N CL O uu U LU CL R E a,u`on � u u rn 0 v a u va m � E o, •3 o a E h Co u > o � c rn � u 00 c > u° o Zi E 0 w 0 N O a � * 75 0 * ; u 2 C O O N ° uA. m a h 0 O O.Os -Q 0. `v o O a� N O O rn-oEo N a C C 'o E 2 u 5. 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Q O 1U `L Z ZZ 0 Q On Oi ^= 0 rv O ^� 1..� _ ry C� O w V) LU Z ry � J N W J LO 011, O O O ^J Z W Z LU L Q E Q J O ad J u N Z O — N I. � O W �a U J ,a .o = w i• E u O p ou rn v o u :2 C:) E •3 0 0 c rn a� > > r �, '0 u mu aoi>uo Euu�o �oa� a > as 0 75 o � Ai y O L1 0 t Q a � o 0 H s 0 0 0 CL a� v *o�E c c 'o E u O O UD u c Q p) C in C uu�—' o c o c M 0 '� O .0 ME N c H E o 'c 0 v o O O U 0 a :) E°cam o ao aD Cr t v >— Y 0 V; %J M� )� C', > Ilk h N � cl U 4 — ` � . �- Ze 0 c t LIR W j z %: vi � Packet Pg. 226 9.A.e Z rr rn� F— V W Z :�E LU wO LU Z > O w 0 CQ z ry L � Q O W � Z ZZ � Q On Oi = C) ry =) O OL 2 W //'���� LL C� O w V) LU Zry C J N Lu _I Z Lu Q Z CW L Q '0 = H i► E o � o u v c � s ` E O E HO 01 W W >> c D'o 0 t Up C C E u a � v o a�o�v h � t * C N H > u .O H o o. o s Q) o. 0 o c O O H O O E * a�E� c c 'o EE ^� u u C CL N S uu IV—' o o c N H '0 O o E'er w E � o s C O N O 0 c p C t v u 00.3=) ` N O 0,0 N 07 t o �` 0 V V an d� Q t3 � M IDO � �rq a � ly,�n M U� , �► 2 � V 3 Z z a�N ,'S a �- • 41 ro I� Packet Pg. 227 (� Lu Z w Lu O w Z > O "U Q 7 ry Q O 11J `L Z Z Z Q On Oi = Q ry =) O� = LL C� O Lu V) LU Z r/ C J N Lu I Q Q Z LLU L Q Z LULU L E O ad ..a u N Z O '-" N CL O ui � a U J CL ,4 •o'= h E u `o 0 L i -p N 'o E °- •3 O o c v o u r 0) WU mu E CL U W 0 V �- c > N O _ N -Co u H a v` ° o rnH `o o CL a� E o�EE c c 'o E csi >,005 s h u a rn C y C u U p u O C 0 C ;n v _ E E t v c y E v c O 0 ° ° o °u 00.3:) E °' c o W -°p W Cr L o > F M o ty 1r'V�IV�a W r N U 01, J o YI) Q a v �Qv Zrr J\' - �`�� �.� a r E Z NQ ,+1 S V �1 9.A.e Packet Pg. 228 9.A.e C C O C u O y.. F— O D r V LLI o LL � i CL v: z O Qi > aA > � 0 . toi U s o LU LLI O O', (AO -o � _V O _O O O ' O a) y U-i W > 0 a m zu O N 0 3 O LLJO C) o ]- '0 O '— D-J fl- u c v> m D O F-- N O O� �' ° a s Z NO n� �.: Q ,� o � a) o t .� ry J L1J * 'a 0 u u y a) O Q u v a� u u LLI '� ' v •^ � v y N s u z z N Q- w E o z ::DO -0 a)� N O N� O 0— N Q N u`o03 O I * E O O _ LZ -� a 4) 0 = w LU o' u u a' C O- 0 C 0 Co � % C L C O u 'Cry N u y -0V N v rrI V O w r v c W (� LL Q N v inv � E�'v E O 0 C z ry L N E C m O A t > C > O .� N O — N J LL c o � o c o 0 J o a v 3 u : 5 v N O 5. >. O >- O N F- N O cQ C W Tf V N � e a� v ti m zv a (n Packet Pg. 229 L W Z > OW 0 Q 7 ry Q O `W L Z Z Z 0 Q On O Ti i Q r O� 2 ry CD O Li V) LU Z r/ � J N W J LO O�1 O • O E O � O co N J LO Q N O N O Z � W U 0 Z W R C E >� 72 u 0 a o u o c v a� > 0 c 0) •N �vaui � c aoi > u E �' 0 u a u � N 0 0 � H 0 c 0 H p � 0 u ._ � v Q a 0 0. m o t v :E f cm 0 4) a� N C 's 0 u c fl- _ 'C H u u a o C � O t y E 0 N > c 0 c 0 >� 0 o c v o a 3 E N c •- v -0 0 '0 0` �l 9.A.e 1� V io NJ � � b ao �- W Y ' J M IV N d,� U � v N d a, Q � (1 J I V / nCl \ IQ 0 a ,d .,a Packet Pg. 230 9.A.e Z U W Z :2 W CL W0 C W Z > O W _ 0 F- 7 ry OW � Z Z Z Q 0n 0i = p ry ::D 0� m �--. _ ry C� 0 W V) LU Z ry C J N W J I 0 0 E 0 Ci 0 Co N •• J LO Q N 0 :D N 0 r Z W U Z W E 20 u O C u O � 0 u o U- E y rn v ai>> c 0) (D 0 u awu 0.0 .� O C N > u a E u 0 O D 0 fl- C (D > 0 O h N 0 O 'O c 0 H O u N O Q 0 s y i C 01 H O O O C U >. O O =) r s h u C fl. 0) 0 °uu—' o 0 c :n 0 E rn 0 O N O E .-- t C '^ E 0 '_^ C O N C � C O C c 0 s C a u 0 CL :) E N O v► .0 0 >` N H V W � \ a W v N N U h N � a v ti I� N E z° �\ Packet Pg. 231 LO O, L W Z > O "J p 5Q Z L ry p O W � Z Zz p Q On Oi = p Ev O� CL CO = ry ( V_ LLJ V) LU Z ry � J N W J t u `O Z) 0 ou o rn o a.- •` E °• •3 o v E N rn w > > 'arn•o aui u � v u o E w o u o o a c > 0 O o � N o a V N >- a O � � u O Q N a o E toso `o 0 N N a �ar� o C u 5,Oo5 4- t t N u c a) c •� h c * U •`Oa z '0c O 'o c v •- H a = E E o t v c N E . v c O N c O ° 00.3� gn O N O w -a N 9.A.e N v a LU c V IV y` � 4 U � 9 1 d a� Ci VO c E� J � z l J Packet Pg. 232 L W Z > _O W Q Z CN {..i Q O W � Z ZZ Q On Oi = Q ry O� _ ry CD O W V) z ry c >- J N W I LO O1-1 O O O Q O � N J LO �1 Q N C O N � O Z W U 0 Z W �i C J Q J i► f— Z CL LU LLJ J CL 9.A.e NN la v � MM M a r N i N U ` 4 1 4- 3� v� C � d IL W )J E d� v yh Packet Pg. 233 C W Z > O W 0 Z Q O W � Z ZZ n Q Oni Oi 2 � ry ::D O 0- CO F— I LL V W V) LU Z r/ N W J LO 011 r4 ON I N c u O o a) u rn � v_vs p c .sa t .=E°'•3 o v 0 E rn w c c rn •0 v N u C a E�a�o a a m > N O o o o a o s at o :E H _ v� H O 0 N .O♦ v L V V O = u 1 co t h u = a rn _ •C h C u u -,a o o c N = E E �. t c w E v C O W C � 0 o c v = 0 0 0.3 � �c>' i y 0 y 0 N -O 0 v t v � 0 H 9.A.e � � I M 1 R � �Y Packet Pg. 234 9.A.e ® Stantec Stantec Consulting Services Inc. 3510 Kraft Road, Suite 200, Naples FL 34105 February 17, 2022 Re: NOTICE OF NEIGHBORHOOD INFORMATION MEETING LELY RESORT PLANNED UNIT DEVELOPMENT (PUD) Amendment to a Planned Unit Development (PUDA) (PL20210001795) Dear Property Owner: Please be advised that Davis Development, Inc. has filed an application with Collier County. The application is seeking approval of an amendment to the Lely Resort Planned Unit Development to allow residential uses on the C-3 tract located at the southwest corner of Collier Boulevard and Grand Lely Drive. A second Neighborhood Information Meeting will be held to provide attendees the opportunity to review plan revisions, based on the feedback we received at our last Neighborhood Information Meeting. Attendees will also have a chance to ask questions. The Neighborhood Information Meeting will be held on Thursday, March 10, 2022 at 5:30 p.m. at the South Regional Library, Room A, 8065 Lely Cultural Pkwy, Naples, Florida, 34113. Should you have questions prior to the meeting, please contact me directly at (239) 985-5502, or Lindsay. robin@stantec.com. Sincerely, STANTEC CONSULTING SERVICES INC. r -P-tb�- Lindsay F. Robin, MPA, AICP Urban Planner Packet Pg. 235 9.A.e NOTICE OF NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a second neighborhood information meeting held by Stantec Consulting Services Inc. on behalf of Davis Development, Inc., at the following time and location: DATE: Thursday, March 10, 2022 TIME: 5:30p.m. ADDRESS: South Regional Library, Room A, 8065 Lely Cultural Pkwy., Naples, Florida, 34113 Davis Development, Inc. has filed an application with Collier County (case number PL20210001795). The application is seeking approval of an amendment to the Lely Resort Planned Unit Development to allow residential uses on the C-3 tract located at the southwest corner of Collier Boulevard and Grand Lely Drive. ATTLES ALE H MMOCK RD �. LE I■ LY ORT WWI ,••SOUTH LOCATION MAP Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners' representatives. If you are unable to attend this meeting, but have questions or comments, they can be directed to: Stantec Consulting Services Inc. c/o Lindsay Robin 3510 Kraft Road, Suite 200, Naples, FL 34105 (239) 985-5502 OR Lindsay. robin(a-)stantec.com *The Collier County Library does not endorse or sponsor this project in any way. Packet Pg. 236 9.A.e Tcapirs +�ails Nrll%q PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 STANTEC 5801 PELICAN BAY BLVD # 300 NAPLES, FL 34108-2709 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk 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 Naples, 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 said newspaper issue(s) dated or by publication on the newspaper's website, if authorized, on Issue(s) da I; 0212 022 Subscribed and sworn to before on March 21. 2022: Notary, State of WI, Co ty of Brown My commission expires Publication Cost: $217.00 Ad No: 0005142059 Customer No: 1307920 PO #: # of Affidavits: 1 This is not an invoice 1 — 7 "�S_ NOTICE OF NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a second neighborhood informa- tion meeting held by Stantec Consulting Services Inc. on behalf of Davis Development, Inc., at the following time and location: DATE: Thursday, March 10, 2022 TIME., 5:30p.m. ADDRESS: South Regional Library, Room A, 8065 Lely Cultural Pkwy.., Naples, Florida, 34113 Davis Development, Inc. has filed an application with Collier County (Case number PL20210001795). The appliration is seek- ing approval of an amendment to the Lely Resort Planned Unit Development to allow residential uses on the C-3 tract located at the southwest corner of Collier Boulevard and Grand Lely Drive. Business and property owners and residents are welcome to at- tend the presentation and discuss the project with the owners' repfesentatives. If you are unable to attend this meeting, but have questions or comments, they can be directed to: Staritec Consulting Services Inc, c!o Lindsay Robin 3510 Kraft Road, Suite 200, Naples, FL34145 1239) gas-5s02 OR Lindsay.robin0stantec.cvm *The Collier County Library does not endorse or sponsor this project in any way. Feb 24, 2022 #5142059 E EEN ALLEN ary Public of Wisconsin Packet Pg. 237 9.A.g Resolution opposing the requested zoning amendment to the vacant C-3 Commercial lot, bordered by Celeste Drive, Collier Blvd, and Grand Lely Drive, that would allow for the construction of 184 multifamily units. Whereas Davis Development has requested that Collier County amend the zoning restrictions of C-3 Commercial Parcel #55425003255, aka Lely Resort Phase I Tract 12, Naples, FL., from the current commercial designation to allow for the construction of 184 multifamily units; Whereas this lot has an entrance/exit at the east end of Tiger Island Boulevard, which would lead to apartment traffic using 2 lane quiet residential streets such as Tiger Lily Drive and Lely Island Circle to access Rt. 41 as well as result in excessive traffic on 2 lane Celeste Drive through the center of Ole', and create traffic backups at the dangerous intersection with Grand Lely Drive at the north end of Celeste Drive; Whereas the 7/23/21 Zoning Verification Letter (ZLTR) review prepared by Eric Ortman, Sr. Planner Collier County Zoning Services Section inaccurately compares this zoning amendment request to June 2015 Ord. 15-39 which amended Ord. 92-15 to permit a similar change for the C-3 parcel at the corner of Rattlesnake -Hammock Road and Grand Lely Drive, both of which are 4 lane high volume straightaway through roads without residential frontage, as opposed to the 2 lane winding residential streets through which traffic would flow from/to this proposed dense residential apartment development; and Whereas this dense 4-story development proposed for construction in the midst of quiet 1 and 2-story residential neighborhoods was not incorporated into approved plans during the 40-year build out of Lely Resort, and would negatively impact the quality of life for residents; now, therefore be it Resolved, that the 116 Households of the Alden Woods Home Owners Association — President Robert Vigorito 63 Households of the Caldecott Home Owners Association — President Luis Alvarado 84 Households of the Calumet Reserve Home Owners Association — President James Mengarelli 44 Households of the Chase Preserve Home Owners Association — President Terry Basch 248 Households of the Classics Plantation Estates Home Owners Association— President John Campbell 64 Households of the Coral Falls Home Owners Association — President Ginny Jefferson 32 Households of the Flamingo Fairways Home Owners Association — President Ray Webb Packet Pg. 238 9.A.g 87 Households of the Falcons Glen Home Owners Association — President Kevin Gomes 76 Households of the Hawthorne Home Owners Association — President Laurel Hendrickson 24 Households of the Hidden Sanctuary Home Owners Association — President Bruce Watson 44 Households of the Indian Wells Home Owners Association — President Bill Fox 88 Households of the Legacy Home Owners Association — President Harlan Dam 191 Households of the Lely Island Estates Home Owners Association — Vice -President Lyle Ackerman 142 Households of The Majors Home Owners Association — President Tony Pusillo 135 Households of The Masters Reserve Home Owners Association — President Irving Waldman 84 Households of the Moorgate Point Home Owners Association — President Anthony Bottalico 185 Households of the Mustang Island Home Owners Association — President Anne Marie Bularzik 60 Households of the Mustang Villas Home Owners Association — President Holly Balante 60 Households of the Mystic Greens Home Owners Association — President Chuck Nelson 623 Households of the Ole' Home Owners Association — President Art Celuszak 97 Households of the Prestwick Place Home Owners Association — President David Molnar 96 Households of the Saratoga Home Owners Association — President Bill Penny 76 Households of the Signature Club Home Owners Association — President Scott Harper 120 Households of the Sunstone Home Owners Association — President Amy Strietzel 145 Households of the Tiger Island Estates Home Owners Association — President Andy Fox 56 Households of the Tasori @Lely Resort Home Owners Association — President Dan Brunell 108 Households of the Verandas Home Owners Association — President Barbara Capogna Urges the Collier County Commissioners: Rick LoCastro- Dist. 1, Andy Solis -Dist. 2, Burt Saunders -Dist. 3, Penny Taylor -Dist. 4, and William McDaniel Jr. -Dist. S. to oppose the proposed amendment to current C3 Commercial Zoning for parcel #55425003255 that would allow for 4 story multifamily housing. 1/3/22 Packet Pg. 239 dAs3 NOTICE OF PUBLIC HEARING NOTICE { F INTENT TO CONSIDER AN -ORDINANCE Notice is hereby given that a public hearing will be helii by the Co111er.CaKnty Hoard of County Comm fsslono rs (BCC) at 9:00 A.M. on September 13,2D22,in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiaml Trail, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.92-15, AS AMENDED, LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY ALLOWING THE 9+/- ACRE C-3 PARCEL AT THE SOUTHWEST CORNER OF COLLIER BLVD. (CR 961) AND GRAND LELY DRIVE TO HAVE C-3 OR RESIDENTIAL DEVELOPMENT LIMITED TO 184 DWELLING UNITS. THE SUBJECT PUD CONSISTS OF 2,892 ACRES LOCATED BETWEEN U.S.41 AND RATTLESNAKE -HAMMOCK ROAD, WEST OF COLLIER BLVD. (CR 951), IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL202100017951 A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All Interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any Individual to speak on behalf of an organization or group 16 encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an Rem. Persons wishing to have written or graphic materials included in the Board agenda hearing. In any case, ackets must written matert said ials intended rial a �to be considered by nimum of three the Board prior lbe submitted to theca eropr ate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent -part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as In person, during this proceeding. Individuals who would like. to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website ;at www.colliercountyfl. gov/our-county/visitors/calendar-of-events after the agenda Is posted on. the' County website. Registration should be done in advance of the public meeting, or any deadline specified within the• public meeting notice. Individuals who register will receive an email in advance of the public hearing 'detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and IS at the users risk.. The- County is not responsible for technical Issues. For additional information about the meeting, please call Geoffrey Willig at 252.8369 or email to Geoffrey.WilligOcolliercountyfl.gov. Any person who decides to appeal any decision of the Board 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 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, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT CQURT'& COMPTROLLER By: Ann Jennejohn Deputy Clerk (SEAL) 9.A.i Packet Pg. 240 M M ORDINANCE 92-15 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AND AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0621N, 06215,0622, 06%7H, 0627S, 0628N, 06285, 0633S, 0633N, 06341:, 0634S AND 1603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLJkNNED UNIT DEVELOPMENT KNO;,11 AS LELY, A RESORT COMMUNITY, FOR PRCPERTY LOCATED BETWEEN U.S. 41 AND RATTLESNAKE -HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA, CONSISTING OF 2892 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 85-17, AS AMENDED, THE FORMER LELY, A RESORT COMMUNITY PUD; AND BY PROVIDING AN EFFECTIVE DATE. w m m Nv !- < O rT1 m WHEREAS, Alan D. Reynolds of Wilson, Miller, Barton & Peek, Inc., representing Lely Development Corporation, 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; The Zoning Classification of the herein described real property located in Sections 21, 22, 27, 28, 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps Numbered 0621N, 0621S, 0622, 0627N, 06275, 0628N, 06285, 06335, 0633N, 0634N, 06345 and 1603N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. -1- book f R PASS 181 SECTION_TWO:_ Ordinance Number 85-17, as amended, known as Lely, A ah Resort Community PUD, adopted on May 21, 1985 by the Hoard of County Commissioners of Collier County is hereby repealed in its entirety. SECTION THREE: +, This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this loth day of March , 1992. �:' pUAriJ U AT)'FST s " JAMES: C:•:`O2LE3 Clerk i APPROVEb•e'A�. TO FORM AND LEGAL SUFFICIENCY `711.r ,,,a.t f r . �71 • ,11t1x.� O.zc� MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY PUD-84-20(2) ORDINANCE nb/7156 BOARD OF COUNTY COMMISSIONERS COLLIER OUNTX, FLORI A BY: �lly(il� HICHAEL J. VOLPE,-CHAIRMAN Richard S. Shanahan, Vice-Chairom -2- This ordinance flied with the cza�Se�c��ggtory of State's Office e day o cR and acknowledgement of that filing received thiss t— day 0 By aver CM.k BOOK AR PAGE 182 ATTACHMENT 15 PLANNED UNIT DEVELOPMENT DOCUMENT FOR LELY, A RESORT COMMUNITY A�, PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. ENGINEERS, PLANNERS & LAND SURVEYORS 3200 Bailey Lane at Airport Road Suite 200 Naples, Florida 33942 tj March 1992 Date Approved by CCPc: May 2, 1985 Date Approved by BCC*'May 21, 1985 Ordinance Number: 85-17 Date Amended by BCC:' Amending Ordinance Number: ei 8- EXHIBIT "A" WK (151PAQ183 INDEX PAGE List of Exhibits and Tables ti Statement of Compliance and Short Iii Title SECTION I Property Description and Ownership 1-1 SECTION II Project Development 2-1 SECTION III R Residential 3-1 SECTION IV C-1 Commercial/Community 4-1 SECTION V C-2 Commercial/Professional 5-1 SECTION VI C-3 Commercial/Neighborhood 6-1 SECTION VII EC Edison College 7-1 SECTION VIII CC Culttiral Center 8-1 SECTION IX RC Resort Center 9-1 SECTION X GC Golf Course 10-1 SECTION XI CO Conservation/Open Space 11-1 SECTION XII PR Cypress Preserve 12-1 SECTION XIII PS Park/Elementary School 13-1 SECTION XIV General Development Commitments 14-1 BOV V51PAGE 184 LIST OF EXHIBITS AND TABLES EXHIBIT H Master Land Use Plan (Prepared by Wilson, Miller, Barton Peek, Inc. File No.RZ-198 TABLE I Estimated Market Absorption Schedule TABLE II A Development Standards IRI Residential Areas TABLE rl B Development Standards IRI Residential Areas WK P51PAG[185 i i SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION AND PURPOSE It is the intent of Lely Development Corporation (hereinafter called "applicant or developer") to develop A Planned Unit Development (P.U.D.) on approximately 2892.5 acres of property located in Collier County, Florida. The subject property is generally bordered on the west by Lely 4 Estates, on the north by CR 864 (Rattlesnake Hammock Road), on the east by CR 951 (isle of Capri Road), and on the south by U.S. 41 (Tamiami Trail East). it is the purpose of this document to establish the standards and guidelines for the future development of this property. I BOOK (151 PAGE 186 1-1 1.02 LEGAL DESCRIPTION K,•. ¢' All that part of Section 21, Township 50 South, Range 26 ' East, Collier County Florida being more particularly F; described as follows: Commencing at the Northwest corner of said Section 21, thence -along the west -line of said Section 21, South 20-58'-09" West, 50.11 feet to the South right-of-way line of C.R. 864 (Rattlesnake Hammock Road); thence along said right-of-way line, South 890-13'-25" East, 1596.21 feet to the POINT OF BEGINNING of the parcel herein described: thence c$ntinue along said right-of-way line, South 89-13'-25" East, 1049.56 feet; thence cSntinue along said right of -way line, South 89-14'-25" East, 2617.27 feet to a point on the east line of said Section 21; thence along the east line of said Section 21, South 40-03'-03" West, 5134.63 feet to the Southeast corner of said ,Section 21; thence a;ong the south line of said Section 21, North 89-28-16" West, 5166.93 feet to the Southwest corner of said Section 21; thence $long the west -line of said Section 21, North 2-58'-08" East, 2187.29 feet; thence lgaving the west line of said Section 21, North 51-51'-57" East, 1418.70 feet; thence northeasterly and northerly, 695.56 feet along the arc of a circular curve concave to the northwest, having a radius of 810.20 feet and being subtended by a chord which bears North 27-15'-56" East, 674.39 feet; thence North 20-39'-54" East, 2.58 feet; thence northerly 136.03 feet along the arc of a circular curve concave to the west, having a radius of 1390 00 feet and being subtended by a chord which bears North 0-08'-19" West, 135.98 felt; thence North 87-03'-29" East, 227.18 feet; thence North 160-18'-47" East, 890.35 feet; thence North 18-20'-17" West, 483.06 feet to a point on the South right-of-way line of C.R. 864 (Rattlesnake Hammock Road) and the point of beginning of the parcel herein . described: Continued on next page �r aooK V,51 PACE 187 1-2 Continued from previous page AND `. Section 22, Township 50 South, Range 26 Fast, less and except the North 1/2 of the Northwest 1/4 and less and except the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, lying west of C.R. 951, Collier County, Florida, AND Section 27, Township 50 South, Range 26 East, lying west of C.R. 951, Collier County, Florida, AND Section 28, Township 50 South, Range 26 East, less and except that land as described in O.R. Book 542, page 765, X. Collier County Public Records, AND That part of the East 1/2 of Section 33, Township 50 South, Range 26 East, lying north of U.S. 41, (Tamiami Trail) Collier County, Florida, AND That part of Section 34, Township 50 South, Range 26 East, rf lying west of C.R. 951, Collier County, Florida, AND That part of Section 3, Township 51 South, Range 26 East, lying North of U.S. 41, (Tamiami Trail) and west of C.R. 951, less and except a 220' x 220' lot at the intersection of U.S. 41 (Tamiami Trail) and C.R. 951, and more particularly described in O.R. Book 124, Page 459 of the Public Records of Collier County, Florida. All subject to easements and restrictions of record. 1.03 TITLE TO PROPERTY The subject property is currently under the ownership and control of Lely Development Corporation, Triangle Properties Southwest, Inc., Resort Development of Collier County, Inc., Flamingo Investment Southwest, Inc., Eagle Consolidated, Inc. and Associated Real Estate Southwest, Inc. . BOOK P51 PAGi 188 1-3 I 01 I SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT Lely Resort is a planned community including a mixture of residential use, commercial -and community -oriented facilities, and recreational, conservation, and water management -related elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES a. Regulations for development of Lely Resort PUD shall be in accordance with the contents of this document, DRI Development Order 85-3 as amended by Resolution 85-249, together with sections of the Collier County Land Development Code and Ordinances in effect at the time subsequent development order applications, to the extent applicable ordinances or codes do not conflict with or restrict development rights, development conditions, and development mitigation contained in this document or the Development Order. Where these regulations fail to provide development standards, the provisions of the most similar district in the County Land Development Codes shall apply. b. Unless otherwise noted, herein or in the development order, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of future development order applications. 2.04 FRACTIONALIZATION OF TRACTS a. When the developer sells an entire Tract or a building parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Development Services Director or his designee (hereinafter called Development Services Director) for approval, prior to the sale or development of such property, a boundary 2-1 BOOK F51 PAC,[ 189 M i M drawing showing the tract and the building parcel therein (when applicable) and in the case of a residential area, the number of dwelling units of each residential type assigned to the property and in the case of a commercial area, the square footage assigned to the property. r. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.04(a), in fractional parts to other parties _..:.far development, the subsequent owner shall provide to the Development Services Director, for approval, prior to the sale or development of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of dwelling units assigned to each of the fractional parts. The drawing shall also show access to those fractional public street. the location and size of parts that do not abut a In the event a commercial tract or building parcel is sold by any subsequent owner, as identified in Section 2.01(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Development Services Director, for approval, prior to the sale or development of a fractional part, a boundary drawing showing his originally purchased tract: or building parcel and the fractional parts therein, and the commercial square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. In evaluating the fractionalization plans the Development Services Director's decision for approval or denial shall be based on compliance with the critssria and the development intent as set forth in this document, conformance with allowable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. If approval or denial is not issued within fifteen (15) working days, the submission shall be considered automatically approved. This section is intended to provide a mechanism whereby developer, its successors and assigns, could 2-2 BOOK R51 PAGE 1.90 convey tracts or parts of tracts prior to development, whether platted or unplatted, and assign dwelling units or commercial square footage thereto. The contents of this section are not intended, nor do they alleviate, the requirement, if any, to plat any tract or parcel created by fractionalizat•ioii prior to physical development of said tract or parcel. 2.05 LAND USES Land use types with approximate acreages and total dwelling units are indicated on Exhibit "H" Master Land Use Plan RZ-198. Changes and variations in design and acreages shall be permitted to accommodate topography, vegetation, and other site conditions during construction plan and final plat approval. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of Site Development Plan approval in accordance with the Collier County Land Development code. : The final size of the recreation and open space lands will depend, on the actual requirements for water management, golf course layout, roadway pattern, and dwelling unit size and configuration.- 2.06 PROJECT DENSITY The total acreage of the Lely Resort property is approximately 2892.5 acres. The maximum number of dwelling units to be built on the total acreage is 10,150. The number of dwelling units per gross acre is approximately 3.5. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLINGS UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 10,150. The Development Services Director shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use or other categories so that the total number of dwelling units shall not exceed 10,150. Approximately 1850 single family units and 8300 multi -family units have 2-3 BOOK P51 PACE 191 been planned. Variations from these numbers shall be permitted provided that the maximum number of dwelling units by type shall not vary by more than twenty (20) percent. The maximum number of dwelling units shall include all caretaker s units but does not include the designated hotel rooms. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 40-year-time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table III indicates by phase, the estimated absorption of units for the estimated 40 year development period. Recreational facilities shall be constructed upon completion of the corresponding phase as shown on Table I. 2.09 PRESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document subject further to applicable provisions of the Land Development Code. 2.10 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in compliance with Division 3.2 of the Collier County Land Development Code in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance with applicable regulations in effect at the time approvals are requested. 2.11 EfXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived: a. Division 3.2, Section 3.2.8.4.1. of the Land Development Code: Access. The Development Services Director may approve minor relocation of proposed access points as shown on the P.U.D. Master Plan. Additional access points shall be subject to the 2-4 600K PAGE 192 approval of the Collier County Planning Commission. The petitioner shall submit an access plan to Project ` Rev;.ev Services for review prior to the CCPC Hearing. b. Division 3.2, Section 3.2.8.4.16.5. of the Land Devi-lcpment Ccde I Screet Pavement Widths (Waive requirements for local roads to ave two (2) twelve foot lanes, subject to the approval of the County Engineer. c. Division 3.2, Section 3.2.8.4.16.6. of the Land Development Code: Dead End Streets. (Waive requirements that cul a sac streets sha not exceed one thousand (1,000) feet in length.) d. Division 3.2, Section 3.2.8.4.16.8. of the Land Development Code: Curb Radii (Reduce requirements from forty (401) foot radii to thirty (301) foot radius at local to local road and local to minor collector road intersections only). e. Division 3.2, Section 3.2.8.4.16.9. of the Land Development Code: Intersections requiring curved streets to have a minimum tangent of 75 feet at intersections. 2.12 LAKE SITING As depicted on Exhibit H, Master Land Plan (RZ-198), lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Division 3.5. of the Land Development Code may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized off -site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Major and minor collector roads indicated on the Master Plan will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. �51 193 BOU PbGE tir r�:• . 2-5 2.14 SITE DEVELOPMENT PLAN APPROVAL The provisions of Division 3.3 of the Land Development code shall apply to all projects requiring Site Development Plan approval. a. In the case of clustered buildings and/or zero lot line with common architectural theme, or non- residential uses listed in Section 3.06, required property development regulations may be waived or reduced provided a site plan is approved under Division 3.3 of the Land Development Code. 2.15 MODEL HOMES AND MODEL UNITS Model Homes and units shall be permitted in conjunction with the promotion of the development subject to the following: a. Models may be constructed prior to approval of a plat. b. Models permitted as "dry" models (which have no water and sewer connections) must obtain a conditional certificate of occupancy for model purposes only. "Wet" models (which have utilities connections) may not be occupied until a permanent certificate of occupancy is issued. C. "Wet" models utilized as "sales offices" must obtain approval by and through the Site Development Plan (SDP) process or whatever approval process is in effect at that time. The SDP process shall not be required for dry models pursuant to this Section. d. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. e. Temporary access and utility easements may be provided in lieu of dedicated right-of-ways for temporary service to model homes or units. f. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes or a-: units within the project only as provided herein. 2-6 600( 051 nu 194 9. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water s-stem is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surface. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.16 SALES CENTERS a. "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district are required unless a permanent water system is available to serve the Center. b. Review and approval of "Sales Centers" shall follow the requirements of the Zoning ordinance in effect at that time. A metes and bounds legal description shall be -provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the Development Services Director. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the -entire development. 4 tOOK C51 PAGJ95 2-7 m m }� \� }! t�\ 26 +w � / \ i =Et7 RESOD COMMUNITY LAND USE sur.MARY Refer to Exhibit H Master Land Use Plan RZ-I§eh BOOK P,3IPc�l12O 2-a Pw .. m ESTIMATED MARKET ABSORPTION SCHEDULE TABLE I 4 PLESMEN7. CONMER. GC EC RC cc PHASE YEAR UNITS SQ. Fr. HO. STUDENTS HOTEL PNIS SEATNO 1985 264 3,600 is 1990 II 1991 - 1328 300,400 36 364 350 Rooms 1995 m i 1996 996- 1482 56,000 736 1850 2000 W 2001- 1526 2005 v 2006- 1250 90,000 1400 2010 V1 2011- 1300 100,000 2015 VIE 2016- 1500 135,000 2020 Nm 2021- ISDO 135,ODO 2OZ TOTALS 1 7 40 10,150 820,0DO 54 2500 35C Rooms F315,000 1850 1 _ _ _ 15,( S.F. I 315,000 SF of hotel commercial space is included 2-9 b I OCK V51PAGA97 =I �J �a :4 t 1 t /S t� f• 3.01 PURPOSE SECTION III 'R' RESIDENTIAL LAND USE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit 'H' Master Land Use Plan RZ-198 as 'R'. _ 3.02 MAXIMUM DWELLING UNITS A maximum number of 10,150 dwellings units may be -- -.constructed on lands designated as 'R' except as permitted by Section 2.07. :r 3:03 GENERAL DESCRIPTION Areas designated as 'R' on the Master Land Use Plan approximately total 1171.0 acres and 'are designed to accommodate a full range of residential dwelling types, - recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities -'--"" provided —•such uses meet the development standards as set forth in this document. Approximate acreages of all residential tracts have been indicated on the P.U.D. Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of fractionalization in accordance with Section 2.04. Residential tracts are designed to accommodate internal roadways. 3.04 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Single family detached conventional 2) Patio and zero lot line 3) Single family attached and townhouses 4) villas, and garden apartments/condominiums 5) Midrise apartments/condominiums 3-1 600K P-51 PAS! 19 ' i -tip.;. A? 4 _ �jAT>� 3.0 5 3.06 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this district 2) Essential services and facilities PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.14(a) 1) Religious facilities 2) Civic and cultural facilities 3) Educational facilities 4) Private clubs 5) Child care centers - owner occupied 6) Rest homes, foster homes, rehabilitation center, hospices, adult congregate living facilities 7) other non-residential uses customary in residential districts 8) A' welcome 'center facility to encompass sales, marketing and project administrative functions. The welcome center facility shall be removed or converted to an -allowable use as listed in Section 3.04, 3.05, 3.06, 1) thru 7, at such time as 60% of allowable residential units have been developed within the Lely, A Resort Community PUD. (Note: The Lely, A Resort Community PUD is restricted to one such welcome center at any given time.) DEVELOPMENT STANDARDS Tables II A and B set forth the development standards for land uses within the 'R' Residential District. Site development standards for category 1, 2, and 3 uses apply to individual dwelling unit parcels. Standards for category 4, 5, and 6 uses apply to fractionalization parcel boundaries in accordance with Section 2.04 of this document. Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public right-of-way, 3-2 BOOK f151 PAGE 199 I N a�A setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a private road, setback is measured from the back of curb or edge of pavement whichever is closer. standards for parking, landscaping, signs and other land uses not 'specified herein are to be in accordance with Collier County Land Development Code in effect at the time permits are requested. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 3-3 BOOK r:51 PAGE 200 a DEVELOPMENT STANDARDS 'R' RESIDENTIAL AREAS TABLE II A PERN=7ED USES STANDARDS SINGLE FAMILY DETACHED SINGLE FAMILY ATTACHED PATIO & CLUSTER HOMES TOWN HOUSE GARDEN APT. MIDRLSE APT. Category 1 2 3 4 5 6 Minimum Site Area 9000 SF 6000 SF 3000 SF 1 AC I AC I AC Site Width Min. Avg. 75 50 50 150 150 I50 Site Dcpth Min. Avg. 120 120 60 150 200 200 Prom Yard Suback 30 30 20 30 30 or BH 30 or BH Side Yard Setback 10 0 or 10 0 or 10 15 20 20 Lakc Setback (Cannot) 20 20 0 20 20 20. Rear Yard Setback 20 20 10 20 BE BH Rear Yard Setback Accessory 10 10 0 10 10 10 Maximum Building Height Slone Above Puking 2 2 2 3 4 6 Distttace Between Principal Strucatres 20 0 or 10 0 or 10 .5 SBH .5 SBH .5 SBH Floor Area Min. (SF.) 1200 1000 750 1000 1000 750 SITE DEFIV AVERAGE• Determined by dividing the site arts by the site width SITE WIDTH: The t crwge dimmer bcrw•een straight Iiau connecting front wad may pucel limes at urb ride of the site, mcasnred as straight tines between the foremast points of the tide p.rccl lines in the ftoat (at the point of iaterteciam with the front parcel line) nd the rearmost point of the parcel limes at the tw (point of intersection with the teat paced line). SBH: (Sum of Building Heigbu): Combined height of two adjacent buildings for the purpose of drurta_ g uaback scgvirtmenu. avow P51 PAGE 201 3.4 3, 2/23,92-01010005P1P DEVELOPMENT STANDARDS 'R' RESIDENTIAL AREAS TABLE it B Vn c a ride or rear yard is adjacent to a Lake, the lake bank setback ,hall govem, and the aide yard tesbadk shall be waived. SrM DF7M AVERAGE Daar>mned by dividing the site area by the rite width SRE WMTH: The avers fe distance beaweess ani& lines cooneaing front sad tear parcel lima at each tide of the rite, measured ae rtr;i gbt lines bat ceo the forcm points of the aide parcel Tina in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines a the tear (point of inItsseQ with the rear Pared line). SHH: (Sum of Building Hcighu): Combmod haght of two adjacent buildings for the purpose of determining setback requirrmrnts. f 1713N2A101000SPtl BOOK V51 PAGE 2Q2 i t SECTION IV C-1 COMMERCIAL/COMMUNITY 4.01 _..PURPOSE The purpose of this Section is ' to set forth the regulations. for the areas designated on Exhibit 'HI, Master Land Use Plan RZ-198 as C-1. The C-1 tract is intended to- provide for a broad range of community oriented commercial uses to serve residents of the Lely development and the surrounding area. The types of uses anticipated include general retail, professional and business offices, shopping centers and highway oriented facilities. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole __or..in... part,_for_other than the following: _ A. Permitted Principal Uses and Structures 1) Antique 'shops; appliance stores; art studios; art - supply shops; automobile parts stores; automobile service stations, awning shops. 2) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. 3) Carpet and floor covering sales - which may include storage and installation; churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses, commercial schools; confectionery and candy stores; childcare centers. 4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. S) Electrical supply stores; equipment rentals. `, : 4-1 BOOK �'51 PAGE 203 6) Fish market - retail only; florist shops; fraternal and social clubs; funeral homes; furniture stares; furrier shops. 7) Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. 8) Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices; hotels and motels. 9) Ice cream stores. 10) Jewelry stores. 11) Laundries - self service only; leather goods; legitimate theaters; liquor stores; locksmiths. 12) Markets - food; markets - meat; medical offices and clinics; millinery shops; motion picture theaters; museums; music stores. 13) New car dealerships - outside display permitted; news stores. 14) Office - general; office supply stores. 15) Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs; professional offices. 16) Radio and television sales and services; research and design labs; rest homes; restaurants. 17) Shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitoriums. 18) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. 19) Upholstery shops. 20) Variety stores; vehicle rental - automobiles only; veterinarian offices and clinics - no outside kennels. 4-2 BDDK A511 PAGE 204 21) Watch and precision instrument repair shops. 22) Water management facilities and essential services. 23) Any ether commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. 4.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements from parcel boundaries: Twenty-five (25) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. 4) Distance between principal structures - None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. 5) Maximum Height of Structure: one hundred (100) feet above the finished grade of the site. 6) minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County Regulations in effect at the time permits are sought. 4-3 4 r€1 t 5.02 p SECTION V C-2 COMMERCIAL/PROFESSIONAL PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit 'H', Master Land Use Plan Rz-198, as IC-21. The C-2 tract is intended to provide for the professional, office, and business related needs of area residents, supplementing the retail nature of the adjacent C-1 tract. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1) Business and professional offices; banks; financial institutions. 2) Churches and other places of worship; civic and cultural facilities; educational facilities. 3) Funeral homes. 4) Homes for the aged; hospitals; hospices and sanitoriums, hotels and motels. 5) Medical laboratories; medical clinics; medical offices, mortgage brokers; museums. 6) Parking garages and lots; private clubs 7) Real estate offices; research design and development activities; restaurants; rest homes; convalescent centers; and nursing homes. 8) Laboratories, provided that: No odor, noise, etc., detectable to normal senses from off the premises are generated; All work is done within enclosed structures; and No product is manufactured or sold, except incidental to development activities. 5-1 BOOK 1 i51 PAGC 2UU 5.03 I 9) Transportation, communication and utility offices - not including storage or equipment. 10) Water management facilities and essential services. 11) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. a Permitted Accessory Uses and Structures: 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. nr�trr now�rwim rmwwrrwone . 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements from parcel boundaries: Thirty (30) feet 4) Maximum Height of Structures: Fifty (50) feet above the finished grade of the site, plus ten (10) feet for under building parking. 5) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on ground floor. 6) Minimum Distance Between Principal Structures; 30' or 1/2 the sum of the building heights, whichever is greater. 7) Minimum standards for signs, parking, lighting, and landscaping shall conform with applicable Collier County Regulations in effect at the time permits are sought. 5-2 soot (151 PAGE 207 6.02 SECTION VI C-3 COMMERCIAL/NEIGHBORHOOD FURPCSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit 'H', Master Land Use Plan RZ-198, as 'C-31. The C-3 tract's are intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. PERMITTED USES AND STRUCTURES No •building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation) child care centers; churches and other places of worship; clothing stores; confectionary and candy stores. 4) Delicatessen, drug stores; dry cleaning shops; dry goods stores and department stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops. 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospitals and hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. 6-1 600K ' ,51 PAGE 208 X rt: 6.03 �a 10) Jewelry stores. 11) Laundries - self-service; leather goods and luggage stores; locksmiths and liquor stores. i2) meat market; medical office er clinic for human. care; millinery shops; music stores. 13) Office (retail or professional); office supply stores. 14) Paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio -and television sales and service; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationery stores; supermarkets and sanitoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. 21) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. B) PERMITTED ACCESSORY USES AND STRUCTURES: 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site width: As approved under Section 2.04 6-2 book 051 PAG` 209 14.4" 5:-1: 3) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty five (25) feet Abutting residential areas: Thirty (35) feet in which an appropriately designed and landscaped buffer shall be provided, as determined under Section 2.14. 4) Distance between principal structures: None, or a minimum five (5) feet with unobstructed passage from front yard to rear yard. 5) Maximum Height of Structures: Fifty (50) feet above the finished grade of the site. 6) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. D00K V-51 PAGE 210 6-3 f 7.02 a e k�. M M SECTION VII 'EC' EDISON COLLEGE PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit 'H', Master Land Use Plan RZ-198, as 'EC'. PERMITTED USES AND STRUCTURES: No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures 1) All uses normally associated with a community college campus including but not limited to: Auditoriums, classrooms, cafeterias, gymnasiums, laboratories, lecture halls, libraries, offices, theaters, etc. 217 Water Management facilities and essential services. B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with principal uses permitted in this District. 2) Caretaker's residence. DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 50, from all 'EC' tract boundaries for principal structures, 20' from lake banks 4) Maximum Height: 100' 7-1 bask (151PAG�211 5) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the first habitable flonr 6) Distance between principal structures: 1/2 the sum of the building heights or 301, whichever is greater. 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 8) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. BOOK ('51 PALE 212 7_2 Kr: 8.02 ; SECTION VIII 'CC' CULTURAL CENTER PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit 'H', Master Land Use Plan RZ-198, as 'CC'. PERMITTED USES AND STRUCTURES: No building or structure or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures All uses normally associated with a cultural center including but not limited to: 1) Performing Arts Center, Theater, Auditorium, Amphitheatre, Art Galleries, Museums, Library, Educational facilities, other uses of similar nature. 2) Water Management facilities and essential services. B) Permitted Accessory Use and Structures: 1) Accessory uses customarily associated with the principal uses permitted in this district. 2) Caretaker's residence. 3) Recreational facilities. 4) Offices, gift shops, restaurants. DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 8-1 took f151 PAGE 213 N'•t 3) Minimum Yard Requirements: 50' from all 'CC' tract boundaries for principal structures. 20' from lake banks 4) Maximum height: 100, 5) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the first habitable floor. 6) Distance between principal structures: 1/2 the sum _ _.._..-. of the building heights or 301, whichever is greater. 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 8) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8-2 600K P51 PAG[ 214 f 9.02 SECTION IX 'RC' RESORT CENTER PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit 'H', Master Land Use Plan RZ-198, as 'RC'. The Resort Center tract is intended to provide a mix of uses including 350 transient lodging rooms, 315,000 square feet of related commercial space such as conference facilities, restaurants, and shops; recreational facilities such as tennis courts, clubhouses, and outdoor activities; and related residential uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected altered, or used or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures , 1), Hotel, motel, and transient lodging facilities. 2) Clubhouse, convention facilities. 3) Tennis and health clubs. 4) Recreational facilities. 5) Cluster and multi —family residential uses in accordance with Section III of this document, including interval ownership facilities. 6) Restaurants and lounges. 7) Retail commercial uses, specialty shops. 8) Water Management facilities and essential services. 9) Other uses of a similar nature to those described above. B) Permitted Accessory Uses and Structures 1) Accessory uses customarily associated with the principal uses permitted in this district. 2) Caretaker's residence. 9-1 BOOK r:51 PAGi 215 15 4' rtp, DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 50, from all RC tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 100, 5) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the — first habitable floor. 6) Distance between principal structures: 1/2 the sum of the building heights or 301, whichever is greater 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 8) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 9-2 r BOOK P51 PAGE 216 q Mf, __. ___ SECTION X +., 'GC' GOLF COURSE 'i 10:01 PUP.PGSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit 'H' Master Land Use <i Plan RZ-198, as 'GC'. 10.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Golf Course 2) Water management facilities and essential services. B. Permitted Accessory Uses and Structures Accessory uses customarily associated with principal uses permitted in this district including but not limited to: 1) Clubhouses, pro -shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. 2) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary regulations of the Land Development Code of Collier County. 3) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. 4) A maximum of two (2) residential units in conjunction with the operation of each golf course. 5) A welcome center facility to encompass sales, marketing and project administrative functions. The welcome center facility shall be removed or converted to an allowable use as listed in Section 10-1 DOOK a1 PAGE 217 10.02.E 1) thru 4) at such time as 80% of the allowable residential units have been developed within the Lely, A Resort Community PUD. (Note: The Lely, A Resort Community PUD is restricted to one such welcome center at any given `3 time.) 10.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of "access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of thirty (30) feet from abutting residential districts and an appropriately landscaped and maintained buffer zone shall be provided. 3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 4) Maximum Height of Structures: Fifty (50) feet. 5) Minimum distance between principal structures: 1/2 the sum of the building heights or 301, whichever is greater. f 6) Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County Regulations in effect at the time permits are sought. f , .s WK P-51 PAU 218 10-2 11.02 SECTION xI 'CO' CONSERVATION/OPEN SPACE PURPOSE The purpose of this Section is to set forth the regulations for -.the areas designated on Exhibit 'HI, Master Land Use Plan RZ=198, as 'CO'. 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: 1) Passive Parks. Active Parks only in development areas approved under 11.02 7). 2) Biking, hiking, canoeing, and nature trails. , 3) Equestrian paths. 4) Wildlife sanctuary. 5) Water management' facilities, lakes, and impoundment area,_ subject to further review by Collier County Project Review Services Environmental Staff to ensure that -water management facilities do not degrade the vegetation or hydroperiod on the conservation/open space areas. 6) Recreational shelters and restrooms upon review and approval of Collier County Project Review Services. 7) Residential land uses as listed in Section 3.04 and governed by development standards as shown in Table II A s B and providing the following criteria are met: a) The project density as listed in Section 2.06 shall not be increased. b) The maximum developed area in all 'CO' areas shall not exceed 20% of the total and shall be contiguous to existing approved development areas. c) Every effort shall be made to protect the floral character of the 'CO' areas; landscaping shall consist exclusively of native species. 11-1 000K P51 PAGE 219 h3; i; .x ^f .4 i d) All runoff from developed area shall be pre-treated prior to discharge into surrounding natural water management areas. } e) Clearing shall be permitted only in those areas specifically required to facilitate the residential clusters, and shall be limited as much as possible. 8) Any other open space activity or use which is similar in nature with the foregoing uses and which the Development Services Director determines to be compatible -with -the intent of this district. 11.03 DEVELOPMENT STANDARDS s, 1) Overall site design shall be harmonious with the areas natural ecological characteristics in terms of landscaping, enclosure of structures, location of access streets, parking areas, and location and treatment of buffer areas as determined by the Collier County Development Services Director. 2) Development standards as listed in Table II A & B in Section III shall apply to permitted residential uses. 3) All work proposed in or directly impacting conservation areas designated on the Master Plan shall be reviewed and approved by the Development Services Director prior to the commencement of any such activity. 600K ' 5l PAGE 2,20 11-2 SECTION XII 'PR' CYPRESS PRESERVE PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit 'H', Master Land Use Plan RZ-198, as 'PR'. 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: 1) Environmental preservation. 2) Foot paths, boardwalks, and nature trails. 3) Wildlife management sanctuary. 4) Water management facilities and essential services, subject to further review by Collier County Project Review Services Environmental Staff to ensure that water management facilities do not degrade the vegetation or hydroperiod on the Cypress Preserve areas. 5) Any other preservation or open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with the intent of this district. 12.03 DEVELOPMENT STANDARDS ;.z;. 1) All work proposed in or directly impacting preservation areas designated on the Master Plan shall be reviewed y? and approved by the Development Services Director prior to the commencement of any such activity. 12-1 boot FU PAGE M MM ¢♦ Y.' F_. SECTION XIII 'PS' PARK/SCHOOL ;y +� 13.01 PURPOSE `_:• The purpose of this Section is to set forth the regulations �- for the areas designated on Exhibit 'H', Master Land Use Plan RZ-198, as 'PS'. The PS- site includes 17 acres reserved for use of an elementary school site and 5 acres to be used for a neighborhood park facilities. The 5 acres of undesignated land reserved for community use referred to in the DRI/ADA document will be applied to this site. 13.02 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: 1) Elementary school and facilities. 2) Parks and playgrounds. 3) Bicycle, hiking and nature trails. 4) Recreational shelters and restrooms. 5) Recreational fields, sports facilities and courts. i 6) Community centers. 7) Restaurant or snack bar in conjunction with recreational activities. 8) Water management facilities and essential services. 9) Any other recreational, athletic, or open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with the intent of this district. .AP >' �? 13-1 C51PAGI °` boor $now M M S �y: 13.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: None 2) Minimum Setback from 'PS' Tract Boundaries: 25' 3) Maximum Haight of Structures: 35' 4) Minimum Distance Between Buildings: 1/2 the sum of their heights. 5) Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County Regulations in effect at the time permits are sought. 41 q•`r �� r Sig, j t``o' t L 1 l' (t. yL. BOOK (?51 PA�t 223 13-2 J' .. �e• yY L. �i e; a ,i SECTION XIV GENERAL DEVELOPMENT COMMITMENTS 14.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 14.02 DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi -family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. c. Use of energy -efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fan. e. Installation of energy -efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy -efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. 14-1 600K V51 PAGE 224 h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. i. Plantinq or retention of native shade trees to provide reasonable shade for dll recreation areas, streets and parking areas. j. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 1. Orientation for structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. M. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TRANSPORTATION 1) Lely, a Resort Community, shall commit to contributing its pro-rata or fair share contribution to the costs of improving local transportation facilities, when such improvements are deemed to be necessary, based on Lely Resort Community's proportionate impact on such facilities, as part of an area wide funding program, including, but not limited to, impact lA-2 BOOK VK wE 225 G.� 4 fees, special taxing districts, etc. Any -Y donations, dedications, or other required contributions made by the project sponsors to the County's Transportation facilities shall be credited towards future peoportional sharc assessments levied against the project, except for right-of-way dedications listed undsr 8) below. 2) Provision of a bicycle/pedestrian system connecting all land uses, to be placed along all major and minor collectors within the project. This system is to be consistent with Collier County requirements. 3) Unless four laning has been completed or is about to begin, the developer shall provide separate left and right turn lanes at all accesses along Rattlesnake Hammock Road and isles of Capri Road. 4) The developer shall provide a fair share contribution toward the capital cost of traffic signals at accesses to Rattlesnake Hammock Road, Isles of Capri Road and Tamiami Trail when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. 5) The developer shall bear the full cost of all traffic signals which may become needed at the intersections within the project. 6) The developer shall provide or reimburse the County for sidewalk/bikepaths along all perimeter roads to be phased to correspond with the development phases and future road widening plans, unless such improvements are incorporated into design plans and/or alternative funding methods are available, such as road impact fees. 7) The developer shall provide arterial level street lighting at all accesses. The operating and maintenance costs of these units will be assumed by the County at such time as street lighting systems are established along the roads involved. 8) The developer shall dedicate 17.5 feet of additional right-of-way along the south side of Rattlesnake Hammock Road and 25 feet of additional right-of-way along the west side of Isles of Capri road for future roadway widening. This shall be 14-3 w aonK VM PAGE 226 a V I done at the convenience of the developer or when requested by the County, whichever occurs first. 9) The County Transportation Department and the developer shall reach agreement regarding alignments and intersection configurations at the time of re-examination. Improvements shall be consistent with good design practices and transportation planning principles and the long- range planning needs of the County, D. WATER MANAGEMENT 1) Detailed water management construction plans shall be submitted for approval to the Development Services Director prior to commencement of construction. 2) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 3) The water management for the Lely Resort Community shall implement water quality "best management practices" to the extent possible. 4') Water quality will be provided for the development in the lake system in accordance with South Florida Water Management District's current permitting regulations. 5) An Excavation Permit will be required for the proposed lakes in accordance with Collier County Land Development Code, Division 3.5 6) Contingent upon acquiring appropriate permits, developer shall be responsible for the following along its entire U. S. 41 frontage: 1. Construct necessary improvements to the borrow canal along the northerly side of U.S. 41. 7) During Phase I, developer shall be responsible for the following along Rattlesnake Hammock Road: a. Clean -out of the two crossings under the road near .the N 1/4 post of Section 21, Township 50 South, Range 26 East. 14-4 600k V51 PAGE 227 `v ,e LL •c� ;s i t b. improvements to the Swale along the south side of the road along the entire development frontage to serve as a spreader facility in the adjoining low lying wetlands. 8) The "e-3 s 4" Canal (from northwest cornet of Naples Manor across U.S. 41 to sufficient outlet in wetlands in Section 3, Township 50 South, Range 26 East) shall be subject to developer/ County negotiations at the time of involvement with that outfall. E. UTILITIES 1) A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the Collier County system. 2) All areas of the project shall be served by a central wastewater collection system. 3) The development shall be in substantial compliance with applicable County laws and ordinances governing utility provisions and facilities. 4) Telephone, power and T.V. cable service shall be made available to the site. 5) Utilities Division stipulations: (Per Memorandum dated June 25, 1984 attached). 6) A non -potable water system for irrigation purposes will be implemented for the project utilizing sources including renovated effluent, surface, and ground water. 7) Design and construction of the water and sewer facilities must be in compliance with Ordinance 88-76, as amended. 8) For any required subdivision improvement that is to be constructed by the Lely Community Development District, no subdivision performance security shall be required under Section 3.2.9 of the County Land Development Code. 19 - 5 (151 PAGL 228 WK j� , 1'. GENERAL 1). The design and development standards as describnd f in the Lely Resort Community DRI/ADA document are hereby incorporated by reference into this P.U.D. ordinance. G. ENVIRONMENTAL: . i 1) The following table summarizes native vegetation to be retained in the Lely Resort Community: PR District 172.5 acres + CO District 182.4 acres + GC District 111.3 acres + Subtotal 466.2 acres NOTE: Acreages and land use districts shall be as defined yt, in Collier County Ordinance 85-17 as amended. An additional 45.6 acres of native vegetation shall be retained in the CO District, until such time as the developer elects to utilize Section 11.02(7) of the PUD that allows for development of up to 20% of the CO district. At that time the developer shall demonstrate, as a condition of Final Approval from Collier County for development of any "CO" area, that an equivalent amount of native vegetation has been retained elsewhere in the project (not including platted single family lots) to compensate for any permitted CO development acreage, up to a total of 45.6 acres. 2) Prior to approval of any proposed development in jurisdictional wetlands (as determined by SFWMD), the petitioner shall submit a mitigation plan to Collier County Project Review Services Environmental Staff for review and approval, in accordance with South Florida Water Management District Appendix 7. 3) "Prior to any final approvals outside of Phase I and the Classics Golf Course, the petitioner shall submit protected species surveys and management plans as required and approved by Florida Game and Fresh Water Fish Commission." 14-6 I Z1, .1: O. f. 500K P-51 PAGE 229 Rk' J t 4) Hammock areas, as identified in the DRI/ADA will be protected with clearing permitted only in those areas specifically required to facilitate the residential clusters and limited as much as possible. 5) Existing topographical control elevation in sub -basins C-1 and A-5 shall be maintained. �s if. v a.. ln:3417 `+ 3/10/92 n.�•i b40K P51 PAGE 230 $ 14-7 1': Y; -R NOT El PER SECTION 4.C.4 Of ORDINANCE OS-S AS AMENDED CY ORDINANCE , PROTECTIVE MEASURES NAVE BEEN IMPOSCD ON TMLS MASTER PLAN IN ACCORDANCE WITH THE LELY RESORT COMMUNITY PHASE III, IV, AND V CLASSICS GOLF COURSE 6 CLVBHOUSE PLATS RED -COCKADED WOODPECKER y MANAGEMENT PLAN, WM" IS PART OF THE OFFICIAL RECORDS OF COLLIER COUNTY. FLORIDA. -- . ca �u — ►M f Pe itVol LEGEND t.r0 IT(. .u[f jC11 ItWWt.CUL/CO III.wTY )a.0 ',pit tw.�wcuL /rww[[s�o+aL �a o ..C41 cwri.c uL/w[Nw00.wo0O w o rc .CCU 12 .ilo:r . u 0 Figc[wrn e Gov CM+�a(ru+u •wr ...ce .ff.6 cO.a[.v.Tro./olf N arAc[ i1a.0 •� CTI.9 Is M[.c—t .,I') 422 At •of f r IAI COLL[CTM rfw YOIO. COLI[CTO. [a.f aa.1a LOC4.O.0 la.f Q OCIIC.K [II,a TOTAL /,Cw[:aO( NU 2l11,0 100aL uwra- ie. i so S;f FrOOPOSM PLAN W-- Lw.W LA.. Pl— •.hit ft N G.esr.Irn BOOK P51 PAG[ 231 STATE OF FLORIDA ) COUNTY Or COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92-15 which was adopted by the Board of County Commissioners on the 10th day of March, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of March, 1992. s JAMES C. GILES .r s Clerk of Courts and ClerV Ex-officio to Board of County Commissioners By: /s/Ellie Hoffman Deputy Clerk BOOK P51PAGE232 DEVELOPMENT ORDER 92- 2 RESOLUTION NUMBER 92-166 A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 85-3, FOR LELY, A RESORT COMMUNITY, AS PREVIOUSLY AMENDED BY RESOLUTIONS 85-249 AND 91-5; BY PROVIDING FOR: SECTION ONE A, AMENDING THE MASTER PLAN (EXHIBIT H); SECTION ONE B, AMENDING SECTION 2, PARAGRAPH D, LAND USE DISTRIBUTION; SECTION ONE C, AMENDING SECTION 4.C.4, VEGETATION AND WILDLIFE AND SECTION 4.C.6, OTHER CONSIDERATIONS; SECTION ONE D, AMENDING SECTION 4.D.4, 4.D.5 ANO 4.D.6, DEVELOPMENT COMMITMENTS; SECTION ONE E, AMENDING SECTION 12; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA, AND EFFECTIVE DATE. WHEREAS, the Board Of County Commissioners of Collier County, Florida approved Development Order 85-3, known as Lely, A resort Community on May 21, 1985; and WHEREP,S, the Board of County Commissioners approved Resolutions 85-249 and 91-5, which amended the Lely, A Resort Community Development Order, on November 26, 1985 and January 8, 1991 respectively; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made*a part of the Development Order; and ;tHEREAs, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property are desirous of amending the Development Order; and WHEREAS, Alan D. Reynolds, AICP of Wilson, Miller, Barton and Peek, Inc., representing the Lely Development Corporation, has petitioned the Board of County Commissioners to further amend the Lely, a Resort Community Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a publichearing on the Petition on February 6, 1992; and HOW 051nu233 Words underlined are additions; Words struck -through are deletions. -1- WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and held a public hearing on the petition on March 10, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS:TO DEVELOPMENT ORDER: A. Development Order 85-3, ns amended, for Lely, a Resort Community, is hereby amended to read as follows: The Master Land Use Plan for Lely, A Resort Community, Development Order 85-3, as previously amended is hereby further amended to effect a new Master Land Use Plan as shown on Exhibit H, attached hereto and incorporated by reference herein. Master Land Use Plan, Exhibit H, as herein referenced replaces the Master Land Use Plan made a part of the ADA and PUD documents originally adopted. B. Section 2, paragraph D. of Development Order 85-3, as amended for Lely, a Resort Community is hereby amended to read as follows: D. The applicant proposes the development of Lely, A Resort Community, Planned Unit Development, for 2,892 acres, 10,150 residential dwelling units, a A2 58 acre resort center with 50 hotel rooms and 315 000 sf of related commercial space. three (3) golf courses, 820,000 square feet of retail/office space on 84 acres, a 46.5 5e acre cultural center site, and a 21.5 22 acre school site and a 44.0 acre Community College site. C. Section 4, Paragraph C.4, Vegetation and Wildlife and Paragraph C.6, Other Considerations, of Development Order 85-3, as amended, for Lely, a Resort Community, is hereby amended to read as follows: 4. Vegetation and Wildlife •.r� . The applicant shall implement detailed site inspection for rare, endangered, threatened and special concern wildlife and plant species, with special attention to the Red -Cockaded Woodpecker, for each phase proposed for final plat approval. The Florida Game and Fresh Water Fish Commission and DCA may provide the applicant with suggested methodology and information on plant and animal species to be inventoried. The applicant shall notify the Florida Game and Fresh Water d Fish Commission and DCA of the results of the survey and the methodology used prior to any development within that phase. Should the survey indicate the presence of rare, endangered, threatened and special concern species, the applicant shall o undertake appropriate protection measures, which measures o shall be approved by these agencies within thirty (30) days of submittal by the applicant and prior to final plat approval land any site development. Words underlined are additions; Words strdek-through are deletions. -2- P-11 .. 6. Other Considerations The Lely site plan includes a provision for a 44.0 59 acre Community College site to be donated to Edison Community College. The ADA indicates that the College will serve approximately 2500 students. Chapter 27F-2, F.A.C., :Developments Presumed -to be of Regional Impact specifies that any post -.secondary educational campus which provides for a design population of 3000 full-time students or any expansion of more than 20% of design population to an existing campus is presumed to be a Development of Regional Impact. D. Section 4,'Paragraph D.4, Water Management, Paragraph D.5, Utilities, and Paragraph D. 6, Environmental Advisory Council of Development Order 85-3, as amended, for Lely, a Resort Community, is hereby amended to read as follows: 4. Water Management a. Detailed water management construction plans shall be submitted for approval to the county -Engineering Department Development Services Director prior to commencement of construction. b. Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. C. The water management for the Lely Resort Community shall implement water quality "best management practices" to the extent possible. dr 'Fhe-fo}lowing-types-ef-deve}epment-will-provide-en-cite treter-management-eyeteme-to-retain-the-ve}ume-produced by-either-the-first-inch-of-runoff-or-the-3-year;-�-hoar eterm-event--ahiehever-ie-greater---reoidenttal-eeee except-typed-}--4;-and-3-{6ec-�abie-}V,�}--e-}--e-2--end e-3-development-pareele;-Ee7-ee7-Re7-end-PS-development paree}s- Water duality will be provided for the development in the lake system in accordance with SWFWMD's current permitting regulations. e: Water-Management-,advisory-Board-stipu}ationst 4: Beta#led-site-drainage-p}ape-ehn}}-be-enbmitted-to lf� the-Water-Mnnngement-,�dvi3ory-Hoard-fer-review-on-e C"' phnee-bneie-na-cut}fined-in-the-HR}T--Ho N eonetruetion-permite-ahali-be-ieened-un}eee-end anti-npprova}-ef-the-proposed-eonetraetion-in t-1 accordance-with-the-enbmitted-p}ape-fie-granted-by the-WHAB. An Excavation Permit will be required for the o proposed lakes in accordance with Collier County .o Land Development Code, Division 3.5., Ordinance Words underlined are additions; Words struek-through are deletions. -3- .. Ner-88-�6;-ea-amended-by-9rdinenee-Ner-83-3,--and-es _. mny-be-emended-#n-the-future: Beveloper-shall-cooperate-with-Eoenty-Water Henegement-Bepnrtment-in-een+p}etien-ef-prepesed B#ntriet-Nor-6-ue-4u-eanal-{from-UTS r-4i,--aeress Price-street-to-the-north-line-of-£ogle-ereek pre�eet}-by-being-responsible-for-the-following: nr Performing -necessary -field -surveys -end -- prepernt#en-ef-detailed-leeetion-maps-of proposed-imprevementas br Providing-eennty-staff-with-necessary-legal desiri-ptionsr-or-ether-doeuments--required-by the-Eennty-in-ita-effects-te-seenra-the necessary-properties-nrdtor-resements-thnt will-be-ebte#nod-nt-the-2ecsntyls-erponse-by e#then-negot#at#ans-er-by-means-of-eminent downier e: enbm#ttnl-ef-necessnry-parmits-to-appreprinte egene#es-for-the-proposed-improvements: "� dr Preperetien-ef-detailed-construction-pines-end apeeifieetiens-for-use-by-Eoenty-#n-the eentreet#ng-phase-of-the-proposed-improvements projects: er Preparation -of -an -Agreement -between -the developer-end-Eoenty-te-ebl#gnte-the-developer for-48eir-ef-the-total-construction-cost-ef-the proposed -improvements: fr Perform#ng-necessary-f#old-inyout-surveys during-the-construct#en-phase-of-the-prepesed improvements-projects-and-ether-aasiatanee-to eennty-staff-as-required-by-the-Eoenty-#n-its ndm#n#stretien-end-inspection-of-the-eontrnets for-the-prepesed-#mprerementsr 2, 4r Contingent upon acquiring appropriate permits, developer shall be responsible for the following along its entire U.S. 41 frontage: a. Construct necessary improvements to the borrow canal along the northerly side of U.S. 41. 3. Sr During Phase I, developer shall be responsible for the following along Rattlesnake Hammock Road: a. Clean -out of the two crossings under the road near the N1/4 post of Section 21, Township 5o South, Range 26 East. b. Improvements to the Swale along the south side of the road along the entire development N frontage to serve as a spreader facility in the adjoining low lying wetlands. gt 6r The "B-3 & 411 Canal (from northwest corner of �- Naples Manor across U.S. 41 to sufficient outlet in wetlands in Section 3, Township 50 South, Range 26 East) shall be subject to developer/County negotiations at the time of involvement with that outfall. Words underlined are additions; Words struck -through are deletions. -4- 5. Utilities a. A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the Collier County system. b. All areas -of -the project shall be served by a central wastewater collection system. end -by -a -wastewater treatment-p}entr--'Phe-p}ant-she}}-be-expended-es required -to -meet -the -project -demands: The wastewater C. The development shall be in substantial compliance with applicable County laws and ordinances governing utility provisions and facilities. d. Telephone,. -power and T.V. cable service shall be made available to the site. e. Water and Sewer 1. Central water distribution and sewage collection and transmission- system will- be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. The proposed water and sewer facilities will be constructed within easements to be dedicated to the County for Utility purposes or within platted rights -of -way. Upon completion of construction of water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time, they will be dedicated to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with a rate structure and service agreement approved by the County. Review-ef-the proposed-rates-and-subsequent-appreva}-b7-the-Board ef-E?ountY-8enunissieners-mast-be-comp}eted-prior-to activation-ef-the-inter-end-serer-fee#}itics servicing-the-proZcetr--bate:-reviews-Meet-be-in fu}}-eetnp}lance-xith-2onnty-Ardinanees-No:-�6-4} and-B3-�9-es-emended--revived-or-superseded: 4. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the county system not be in a position to supply 100K PK PAGE 237 Words underlined are additions; Words struek-through are deletions. -5- I potable water to the project and/or receive the project's wastewater at the time a phase of the development commences, the Developer, at his expense, or the Lely Community Development pistrict, will install and operate interim water supply and on -site treatment facilities and/or interim on -site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5.. -An agreement shall•be entered into between the County and the Owner, or the Lely Community Development District legally acceptable to the County, stating that: i. The proposed water supply and on -site treatment facilities and/or on -site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Owner, his assigns or successors including the Community Development District, until such time as the County's Central Water and/or�ewer Facilities are available to service the project. Prior to -piecing -the -water -treatment -supply -and distribution-nndfer-sewage-eelleetien� transmission-nnd-treatment-fncilities-into aerviee-the-eevelepar-shall-submit--to-the Eeantx-fi3ti�it7-Rnte-Regn�ating-Bonrd}-for their-review-end-npproval--e-sehednle-ef-the rotes-to-be-eherged-for-providing-preeessed Hater-andtor-sewage-treatment-to-the-prejeet arenr ii: the-proposed-dse-bY-the-belt'-Resort Bevelopment-ef-the-existing-and-petentiellY expandable -belt -Estates -Wastewater -Treatment Paeility-shall-be-regarded-es-en-interim method -of -providing -sewage -treatment -and disposal-services-te-the-projeet: When the County Water -Sewer District's Central Water and/or Sewer facilities are extended to and available to provide service to this project, all -wastewater -generated -from the project shall be permanently connected diverted into the County's Central Water and/or Sewer Facilities. iii: upon connection to the County's Central Water Facilities, and/or Central Sewer Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. fii.iv- Connection to the County's Central Water and/or Sewage Facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. e00K �'51 PAGE 238 Words underlined are additions; Words struek-through are deletions. -6- M M All construction plans and technical specifications related to connections to the County's Central Water and/or Sewer Facilities will be.submitted to the Utilities Division for review and approval prior to commencement of construction. 4 r The owners, their assigns or successors shall agree to pay all applicable system development charges at the time that Building Permits are required,pursuant to appropriate County Ordinances and Regulations in effect at the ______._time _.of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. The County at its option may .lease for operation and maintenance the water . distribution and/or sewer collection and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of.the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities -and/or sewage collection, transmission and treatment facilities. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. Qne3t#en-$4B-ahe##-be-mad#fled-te-refloot-only-the inter#m-nac-of-the-be#Y-Estates-8exege-'Treatment Fne###tY-as-a-seuree-ef-sewage-treatment-and d#sposn�-for-the-prejeetis-wastewater-fiexsr--the ultimate-use-ef-a-County-awned-end-maintained treatment-and-d#spesa�-fne#�#tY-aha��-be-e�enr�Y addressed: within the ADA document which conflict above stipulation shall be considered Council Stipulations: A-site-e#oaring-p#en-sha#�-be-submitted-te-the-Nntnra# Reaoarees-Management-Bepartment-and-the-2onunnnity Bevelopment-Department-far-their-review-and-apprevaI prier-te-nn7-sabstnntia#-work-on-the-sitar--'This-p#an may-be-submitted-in-phaoeo-to-ee#neide-with-the development-seheduler--The-site-clearing-plan-shal} e#enrlY-dap#et-hex-the-f#Tn�-s#t r#aYeut-#neerperates retained -native -vegetation -to -the -maximum -extent possible-and-hex-rends;-buildings--�nkes-parking-dots; nnd-ether-fne#fit#es-have-been-oriented-to-neeonunednte this-geaI7 W. T i• • _ be in Acc9rdance with Section 3.9,6 of -the Collier County Lai; pevelopment Code, Words struck -through are deletions. Native-species-shall-be-atiliaed;-where-available,--to the-maximum-extent-possible-in-the-site-lnndaeaping designr--l�-lnndseaping-plan-w#ll-be-submitted-te-the Hatarel-Resoarees-management-Department-end-the eemmunity-Bevelepment-Department-for-their-review-and approval:--This-plan-will-dep#et-the-#neorperation-of native-species-and-their-mix-with-other-species,--#f-onyr the-gea}-of-site-landscaping-shall-be-the-reerention-of native-vegetation-and-habitat-eherneteriat#es-lost-on the-site-daring-conatrnetion-er-due-to-past-ectivit#es- .•�.s• :... •. ..- • �,}}-eYotie-plants--es-defined-#n-thc-Haanty-cede; shall be-removed-dnr#r.q-eneh-phase-of-eonatraet#en-from development-nren,e--open-apace-and-preserve-ereaos Pel}owing-site-development-n-meintennnee-program-shall be-#mplemented-to-prevent-re#n�nsion-ef-the-site-by-saeh exetie-speeiear--'Phis-plan,--which-will-describe-eentrel teehnigaes-end-#nspeetion-intervals--shell-be-filed-with end-nppreved-by-the-Nntarnl-Resoarees-Management Be;enrtment-and-the-eemmunity-Bevelopment-Bepartmentr MINNTICTRIFAIN-IfICTMI-MM". we Id -VA 911MI.. lf--dur#ng-the-coarse-ef-site-clear#ng;-exenvatfen;-er ether-eonstraet#anal-set#vit#es--an-nrehaeelogieal-or h#stories}-site,--art#fnet�-er-ether-#nd#enter-is d#seovered--ell-development-nt-that-leant#en-shall-be immediately-stopped-end-the-Netarel-Resoarees-Henngement Bepartment-notifiedr--Hevelopment-will-be-suspended-for n-saffieient-length-ef-time-to-enable-the-Nntarnl Resoarees-Management-Bepartment-er-n-designated eonaaltant-te-assess-the-find-and-determine-the-proper eearse-ef-act#en-in-the-find-and-determine-the-proper course-of-notion-in-regard-te-its-salvegenbil#tyr--the Nntnral-Resoarees-Hnnegement-Bepartment-will-respond-to any-aaek-net#f#eat#en-in-a-timely-and-off#eient-manner ae-as-to-provide-Daly-a-m#nimel-interrupt#on-to-any eenatraetiona}-eat#vit#esr IIS •-• EvI • IFT-T-1.2 MT • •• rMr • •• emu• •- .• - • RUTZ3•I7.11 172.5 acres i 182.4 acres i 111.3 acres i 466.2 acres 60DK • "A PAGE M are additions; Words struck -through are deletions. -8- I inc.0ritaq- Platted single family• to compensate forany Permitted gI development acreage, VP to a total Of 45,6 acres.. Prior to approval of ADY pronoped development in lurisdictional wctlands (as determined by SWF_WMD). the g, er -Hammock areas, as identified in the DRI/ADA on -Exhibit P, will be protected given-apeeial-eeneideratien-in-the review-ef-the-site-elenring-pinn�-per-stipulation-4r} with clearing permitted only in those areas specifically required to facilitate the residential clusters and limited as much as possible. fr Existing topographical control elevation in sub -basins C-1 and A-5 shall be maintained. gr Re-enhaneement-ef-the-existing-low-end-high-level control-en-Basin-B-2-to-the-historical-levels-which-will be-marked-b7-Brr-Bnrbin-4'ebb-and-verified-bp-the-Natural Reaonree-Mnnngement-Bepertmentr E. Section 12 of Development Order 85-3, as amended, for Lely, a Resort Community is hereby amended to read as follows: Section 12. The Collier County Project Services Director eozmtinity-Bevelepment-Administrator shall be the local official responsible for assuring compliance with this Development Order. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to Previously Approved DRI known as Exhibit B, and by reference made a part hereof. D. The applicant proposes the development of Lely, a Resort Community on 2892 acres of land for commercial, residential, cultural and residential tourist uses. 600K f151 PAGE 241 h Words undo fined are additions; Words struck-threagh are deletions. Oyu, -9- E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development_.is_not_.in_an-area_designated an Area. of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes,. -as amended. :S" SECTION THREE: CONCLUSIONS OF LAW A. The proposed.changes to the previously approved Development order do not constitnte_a substantialdeviation.pursuant to Section 380.06(19), Florida Statutes. The ccope.of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit B, and the Lely, a Resort Community, Planned Unit Development Document, Exhibit C, attached hereto and by reference made a part hereof. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85-3, together with previous amendments, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order 92- 2 shall be transmitted immediately upon execution to the Department of Community Affairs Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. nox P51 PAGE 242 Words underlined are additions; Words struck -through are deletions. -10- BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. commissioner Saunders offered the foregoing Resolution.and.moved.for its adoption, seconded by Commissioner Goodnigbr- and upon roll call, the vote was: AYES: Ccamissioner Saunders, ConTnissioner Goodnight, Comnissioner Shanahan and Commissioner Hasse NAYS: ABSENT AND NOT VOTING: Commissioner Volpe ABSTENTION: Done ,t�is 1.0th day of Marsh 1992. "j ATTEST:- ZBOZONING APPEA4S T CO Y APP JAMES C. G,ILES; 'Clark COL COUNTY, FLORIO N.. BY* I I J. VOLP (;H CHAEL J. VOLPE/, CHAIRMAN Richard S. Shanahan, Vice -Chairman Approved as to form and legal sufficiency: MARJOVIE M. STUDENT ASSISTANT COUNTY ATTORNEY DOA-91-5 Resolution/nb/7419 BOOK P51PAGE 24 Words underlined are additions; Words struck -through are deletions. r SCRIPTION All that part of Section 21, Township 50 South, Range 26 East, Collier County Florida being more particularly described as follows: Commencing at the Northwest corner of said section 21, thence along the west line of said Section 21, South 20-58'-09" West, 50.11 feet to the South right-of-way line of C.R. 864 (Rattlesnake Hammock Road); thence along said right-of-way -line, South 89°-131-25" East, 1596.21 feet to the Point of Beginning of the parcel herein described: thence continue along said right-of-way line, South 89°-13'-25" East, 1049.56 feet; thence continue along said right-of-way line, South 890-14125" East, 2617.27 feet to a point on the east line of said Section 21; thence along the east line of said Section 21, South 40-03'-03" West, 5134.63 feet to the Southeast corner of said Section 21; thence along the south line of said Section 21, North 89°-28'-16" West, 5166.93 feet to the Southwest corner of said Section 21; thence along the west line of said Section 21, North 2'-58'-08" East, 2187.29 feet; thence leaving the west line of said Section 21, North 514-518-57" East, 1418.70 feet; thence northeasterly and northerly, 695.56 feet along the arc of circular curve concave to the northwest, --- _-_=•-Waving - a radius of 810.00 feet and being subtended by a chord which bears North 270-15'-56" East, 674.39 feet; thence North 2°-39'-54" East, 2.58 feet; thence northerly 136.03 feet along the arc of a circular curve concave to the west, having a radius of 1390.00 feet and being subtended by a chord which bears North 00-08'-19" West, 135.98 feet; thence'North 870-031-29" East, 227.18 feet; thence North 160-181-47" East, 890.35 feet; thence North 160-20'-17" West, 483.06 feet to a point on the South right-of-way line of C.R. 864 (Rattlesnake Hammock Road) and the point of beginning of the parcel herein described: AND Section 22, Township 50 South, Range 26 East, less and except the North 1/2 of the Northwest 1/4 and less and except the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, lying west of C.R. 951, Collier County, Florida, AND Section 27, Township 50 South, Range 26 East, lying west of C.R. 951, Collier County, Florida, AND Section 28, Township 50 South, Range 26 East, less and except that land as described in O.R. Book 542, Page 765, Collier County. -Public Records, AND That part of the East 1/2 of Section 33, Township 50 South, Range 26 East, lying north of U.S. 41, (Tamiami Trail) Collier County, Florida. AND That part of Section 34, Township 50 South, Range 26 East, lying west of C.R. 951, Collier County, Florida, rbl M 6DOK PAGE AND That part of Section 3, Township 51, South, Range 26 East, lying North of U.S. 41, (Tamiami Trail) and West of C.R. 951, less and except a 220' x 220' lot at the intersection of U.S. 41 (Tamiami Trail) and C.R. 951, and more particularly described in O.R. Book 124, Page 459 of the Public Records of Collier County, Florida. ,. ,, n " STATE OF FLORIDA BRM-08-86 ` DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF RESOURCE MANAGEMENT 2571 Executive Center Circle, East Tallahassee, Florida 32399 (904) 488-4915 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED [ DEVELOPMENT OF REGIONAL, IMPACT (DRI) SUBSECTION 380.06 (19). FLORIDA STATUTES Subsection 380.06 (19), Florida Statutes (1985), requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning council, and the state land planning agency according to this form. t 1. I, Alan D. Reynolds, Aloe , the undersigned owner (authorized representative) of Lei, Development Corporation_ (developer) hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06 (19), Florida Statutes (193S). In support thereof, I submit the following information concerning the Lely, A Resort Commuuirr (original s current project names) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier Couuty , (local government) to the Southvest Florida Regional Planning Council, and to the Bureau of Resource Management, Department of Community Affairs. • I yet it (Dat ) (Signature)- 2. Applicant (name, address, phonc). SEE Arucumm A 3. Authorized Agent (name, address, phone). SEE A'CTACMUN'r A 4. Location (City, County, Township/Range/Section) of approved DRi a.nd proposari, chango. " �vuIR�T "nn bDDK 1151 PAGE 245 �RK age Two Provide -a complete description of the proposed change. 1� Include an y proposed changes to the plan of development, phasing, additional lands, commencement date, build —out date, �. development order conditions and requirements, or in the representations contained in either the development order or the Application for Development Approval. SEE ATTACHMENT A Indicate such changes on the project m4er site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department to clarify the nature of the change or the resulting impacts. REFER TO ATTACHMENT Z. 3 and A Complete the following table for all land use types approved in the development. If no change is proposed or has occurred, please indicate no change. SDBSTANTIAL DEVIATION CHART ■ TYPE OF CHANGE PROPOSED ORIGINAL PRLTIOUS D.O. LAND USE - CATEGORY PLAN PLAN CHANGE + DATE IlAttraction/ i Parking Spaces Recreation I Spectators i Seats Site locational changes N/A Acreage, including drainage, ROW, easements, etc. t External Vehicle Trips D.O. conditions ADA representations s�Airports Runway (length) Runway (strength) Terminal (gross square feet) Y`"►' 1 Parking Spaces i Gates Apron Area (gross square feet) N/A Site locational changes Airport Acreage, including drainage, ROW, easements, etc. t External Vehicle Trips D.O. conditions ADA representations Hospitals # Beds t Parking Spaces _ Building (gross square feet) Site locational changes N/A Acreage, including drainage, ROW, easements, etc. t External Vehicle T�/.e DODK V51PAG1246 BRM-08-86 Page Three <: SUBSTANTIAL DEVIATION CHART (continued)-- Ail TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LAND USE CATEGORY PLAN PLAN CHANGE + DATE Industrial- Acreage, including drainage, ROW, easements, etc. # Parking Spaces Buildings (gross square feet) N/A # Employees " Chemical storage (barrels and lbs.) Site locational changes # External Vehicle Trips D.O. conditions ADA representations Mining Acreage mined (year) Operations - Water Withdrawal (Gal/day) -Siie of Mine (acres), including drainage, ROW, easements, etc. Site locational changes # External Vehicle Trips D.O. conditions ADA representations Office Acreage, including drainage, ROW, easements, etc. Building (gross square feet) # Parking Spaces # Employees j Site locational changes # External Vehicle Trips D.O. conditions ADA representations Petroleum/Chem. Storage Capacity Storage (barrels and/or lbs.) . Distance to Navigable Waters (feet) . Site locational changes Facility Acreage, including drainage, ROW, easements, etc. # External Vehicle Trips D.O. conditions N/A NO CHANGES OTHER TI MINOR SITE RELOCAT: AND PHASING OF SQUARE FOOTAGE N/A ADA representations n5 ..E 247 60DK Pa {1+ gRH-08-86 Page Four SUBSTANTIAL DEVIATION CHART (continur.d) TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS-D.O. LAND USE CATEGORY PLA14 PLM CHMIGE + DATE Ports Ovarinas) t boats, wet sterace t boats, dry storage Dredge and fill (cu.yds.) Nis Petroleum storage (gals.) Site locational changes Port Acreage, including - drainage, ROW, easements, etc. # External Vehicle Trips D.O. conditions ADA representations Residential # dwelling units Minor acreage and site '� Type of dwelling units locational changes and vhk# lots phasing of units. ." Acreage, including (Refer to Attachments drainage, ROW, easements, etc. 2 and 11) Site locational changes # External Vehicle Trips D.O. conditions ADA representations '. Wholesale, Acreage, including Minor acreage and site Retail_, drainage, ROW, easements, etc. locational changes and Service Floor Space (gross square feet) phasing of square # Parking Spaces footage. (Refer to # Employees Attachments 2 and 11) Site locational changes # External Vehicle Trips D.O. conditions ADA representations '; Hotel/Motel # Rental Units *,;.. Floor Space (gross square feet) h� i Parking Places No change other than �.�;. f Employees phasing of hotel rooms g ' Site locational changes and square footage. Acreage, including drainage, ROW, easements, etc. # External Vehicle .: Trips D.O. conditions ADA representations * m too( V-51 wt 24 a k,. BRM-08-86 -'' Page Five '- SUBSTANTIAL -DEVIATION CHART (continued) TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LAND USE CATEGORY PLAN PLAN CHANGZ + DATE R.V. Park Acreage, including drainage, ROW, easements, etc. t Parking Spaces Buildings (gross square feet) NIL # Employees Site locational changes # External Vehicle Trips D.O. conditions ' - ADA representations iy. Open Space Acreage (All natural Site locational changes ACREAGES INCREASED and vegetated Type of open space non -impervious D.O. conditions surfaces) ADA representations Preservation, Acreage ACREAGES INCREASED Buffer or Special Site locational changes Protection Areas Development of site proposed D.O. conditions ADA representations Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. 'The Bureau may request additional information from the developer or his agent. 7. List all the dates and resolution numbers `(or other appropriate identification numbers) of -all modifications or amendments to the originally approved DRI development order that have have been adopted by the local government, and provide a brief description of the previous changes (i.e. any information not already addressed in the Substantial Deviation Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? SEE ATTACBZUM A S. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, and intended use on a project master site plan or -- other map. x(A BOOK 1151 PACE 249 . M `r BR1S-08-86 -,. Page Six .SUBSTANTIAL DEVIATION DETEPWINATION _. If the proposed change to the previously approved DRI or development order condition does not meet or exceed any of the criteria listed in the DRI development order or in Subsnr*i.n m 380.06i19) (b), Florida Statute_, then the iocai jurisdiction over the development must hold a public hearing zi%J make a determination as to.whether•such proposed changes constitute a substantial deviation and Will cause the development to be subject to further developnent-of- regional -impact review. If the local government determines that the proposed change does not require further development -of -regional -impact review and is otherwise approved, the local government must issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change, subject to the appeal provisions of Subsection 380.06(19)(f), F.S., and Section 380.07, F.S. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: 9. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Refer to Attachment 2, (Master Land Use Plan RZ-198b). 10. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. 'A,11 proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the pr posed change;Refer to Attachment 10. and Attachment 11 for propose changes. b. An updated legal 'description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; NO CHANCE C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; NO CHANCE d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; NO CHANCE 600K P,51 PAG1 Z50 'T, .. Page Seven i xQ _ e. A proposed amended development order date to which the local ' government agrees that the changes to the DRI shall not be subject to down -zoning, unit density reduction, or intensity reduction, if applicable; and A f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. • MIA If the proposed change meets or exceeds substantial deviation criteria listed in the DRI development order, or in the criteria listed in Subsection 380.06(19) (b), F.S., then the proposed change U a substantial deviation and shall be subject to further DRI review Y—LUM—u—t the necessity for a public hearing and determination by the local government. tr f" j Boor OJZ PAG 251 ATTACHMENT 15 y�. PLANNED UNIT DEVELOPMLNT DOCUMENT C FOR 'r A. LELY, A RESORT COMMUNITY rEr. J�. PREPARED BY: r •; WILSON, MILLER, BARTON & PEEK, INC. ENGINEERS, PLANNERS & LAND SURVEYORS 3200 Bailey Lane at Airport Road Suite 200 Naples, Florida 33942 March 1992 a;c' Date Approved by CCPC:_May 2, 1985 Date Approved by BCC: MaX 21, Ordinance Number: 85-17- Date Amended by BCC: March 10, 1992 Amending Ordinance Number: EXHIBIT "C" BOOK A51 Pace 252 I Now M L"— INDEX List of Exhibits and Tables Statement of Compliance and Short Title SECTION I Property Description and Ownership SECTION II Project Development SECTION III R Residential SECTION IV C-1 Commercial/Community SECTION V C-2 Commercial/Professional SECTION VI C-3 Commercial/Neighborhood SECTION VII EC Edison College SECTION,VIII/ CC Cultural Center SECTION, IX RC Resort Center SECTION X GC Golf Course SECTION XI CO Conservation/Open Space SECTION XII PR Cypress Preserve SECTION XIII PS Park/Elementary School SECTION XIV General Development Commitments i PAGE boo( P51 PAGE 253 LIST OF EXHIBITS AND TABLES EXHIBIT H Master Land Use Plan (Prepared by Wilson, Miller, Barton t Peek, Inc. File No.RZ-198 TABLE I Estimated Market Absorption Schedule TABLE II A Development Standards 'R' Residential Areas TABLE II B Development Standards 'R' Residential Areas ii BOOK f151 PAGE 254 SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION AND PURPOSE It is the intent of Lely Development Corporation (hereinafter called "applicant or developer") to develop A Planned Unit Development (P.U.D.) on approximately 2892.5 acres of property located in Collier County, Florida. The subject property is generally bordered on the west by Lely Estates, on the north by CR 864 (Rattlesnake Hammock Road), on the east by CR 951 (Isle of Capri Road), and on the south by U.S. 41 (Tamiami Trail East). It is the purpose of this document to establish the standards and guidelines for the future development of this property. 1-1 500( n51 Pxu 255 GundlachNancy From: James Abbatemarco <kleinker@sbcglobal.net> Sent: Wednesday, January 26, 2022 8:13 PM To: Lindsay.robin@stantec.com; Adrianaaleman@davisdevelopment.com; FredHazel@davisdevelopment.com; mikedavis@davisdevelopment.com; GundlachNancy Subject: The Davis Development REJECTION EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Mr/ Ms, Nancy Gundlach, Principal Planner, Davis Development; Fred Hazel- Vice Presiden; Adriana Aleman- Operations Coordinator; Lindsay Robin, I am a resident of Lely Resort in Naples, FL where Davis Development is proposing a 4 story, multi -family, densely - populated apartment complex on the small parcel bounded by Collier (951) / Grand Lely Drive and Celeste Drive PL # 20210001795. I am strongly opposed to the development as this type of construction is entirely out of character for this residential area. Not only is it unacceptable in terms of its aesthetics, it will bring: 1) Intolerable traffic congestion to Celeste Drive, which is a small artery intended for light traffic for existing single family homeowners 2) Debris, delays and chaos throughout the approx. 2 year construction phase from constant trucks back and forth to the site through the single access street, Celeste. 3) Potentially unstable renters who will not have the investment we have in our neighborhoods which could bring litter, animal waste and excessive noise 4) An unsightly, tall structure which will throw this carefully and beautifully designed Lely community completely out of balance. 5) Potentially lower property values for the residents in Lely, many of whom are retirees who have counted on their homes to maintain a stable value. 6) The destruction of the quiet, peaceful, safe, small-town quality of Lely Resort which made this area so desirable to all of us and the reason we purchased here in the first place. I attended the meeting on Dec. 14th at the Naples Library lead by Linsday Robin and we were all genuinely outraged. We intend to make our voice heard at every meeting going forward. We urge you to vote down the re -zoning of this parcel and urge Davis Development to build elsewhere. Sincerely. James Abbatemarco 9067 Capistrano Street North Unit 4506 Naples, FI 34113 GundlachNancy From: Lin Agostinacchio <laugust7@gmail.com> Sent: Tuesday, February 15, 2022 5:57 PM To: GundlachNancy Subject: Re -zoning EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms. Gundlach: We are residents of the Ole community within Lely Resort where Davis Development is proposing a 4 story, multi -family, densely populated apartment complex on the small parcel bounded by Collier Boulevard (951) / Grand Lely Drive and Celeste Drive (PL # 20210001795). We are vehemently opp osed to the development as this type of construction is entirely out of character for this residential area, was never intended in the original Lely Master Plan, creates significant safety hazards, and is unacceptable in terms of aesthetics for the area. More specifically, it will bring: 1. Intolerable traffic congestion to Celeste Drive, which we live mere feet from, which is a small artery intended for light traffic for existing homeowners. 2. An unacceptable safety hazard. The increased traffic from hundreds of occupants of the proposed complex, whose only point of access is Celeste Drive, will make Celeste Drive a busy thoroughfare that it was never designed to be. Celeste Drive goes right through the heart of the Ole's Village Center where there is significant foot and bicycle traffic that should not be exposed to the increased car volume that would absolutely result from the proposed apartment complex as that would be the shortest route to shopping and access to Northbound Route 41 (Tamiami Trail). This significant safety issue for the existing Lely communities, particularly those along Celeste Drive, and their residents, by itself is reason enough not to approve the re- zoning. 3. Debris, delays and chaos throughout the approximate 2- year construction phase from constant trucks back and forth to the site through the single access street, Celeste Drive. 4. Approximately 500 potentially unstable renters who will not have the investment we have in our neighborhoods which could bring litter, animal waste and excessive noise. 5. An unsightly, tall structure which will throw this carefully and beautifully designed Lely community completely out of balance. 6. Lower property values for the existing property owners in Lely, many of whom are retirees like ourselves who have counted on their homes to maintain a stable value. 7. The destruction of the quiet, peaceful, safe, small-town quality of Lely Resort which made this area so desirable to all of us and the reason we purchased here in the first place. In our view, that this type of project is even being considered is outrageous. We urge you to vote down the re -zoning of this parcel.Thanks, Sincerely, Nick and Lin Agostinacchio 9107 Capistrano South Unit 7802 Naples FI 34113 GundlachNancy From: Alex Albacarys <alexalby7@gmail.com> Sent: Thursday, December 23, 2021 7:35 AM To: VernonChristopher; FryerEdwin; Joesephschmitt@colliergov.net; KarlFry; GundlachNancy; LoCastroRick; eastmath@collierschools.com; HomiakKaren; Shea Paul; KlucikRobert Subject: Development on Collier and Grand Lely Drive EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear all First, wishing you all a safe, peaceful holiday season and best wishes for 2022. Secondly, I'm very concerned about the proposed change for the corner of Collier and Grand Lely Dr. development. Whilst I am aware that plans can change, changing it from commercial to residential is a huge change in my view. My wife and bought in Players Cove in 2012 with full awareness of the development of Stock Plaza and something similar on the opposite corner - changing it now to residential with a high concentration of living units totally changes the feel and attractiveness of Lely, not to mention the increased traffic both inside Lely and on Collier. To the point that there is little land left for residential development, I respectfully disagree - there is lots of land for development east of Collier. Please consider working with Davis Development on a separate parcel for their residential project and keep the current designation of "Commercial" for this plot of land.... Developing it for commercial purposes will increase the attraction of Lely to future residents while continuing to expand the commercial offerings to Lely and beyond. Thank you for considering this as you make your final determination. Respectfully, Alexander and Lourdes Albacarys 8080 Players Cove Dr. Unit 101 Naples, FL 34113 Alexalby7@gmail.com Alex Albacarys GundlachNancy From: Carolina Bernhardt <naniinfl@yahoo.com> Sent: Tuesday, January 18, 2022 9:02 AM To: GundlachNancy Subject: Lely Resort EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I live in Lely Resort, And it has come to my attention that A new project at the entrance of 9511-las been planed. I am deeply concerned about this project because The Entrance and exit from the project is within Lely and Traffic will be Unbearable. At the very least there should be an entrance and exit on 951Known as Collier boulevard... Furthermore the height of the buildings is opressive. This piece of land was Designated as small shops Not big tall buildings. Carolina B Bernhardt GundlachNancy From: Yvan Bourdeau <ybourdeau@gmail.com> Sent: Monday, January 31, 2022 12:11 PM To: GundlachNancy Subject: Davis Development Project EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms Gundlach, We reside in the Classics Plantation Estate which would directly impacted if the project below is approved. The rationale against the project is as follows: The Davis Development project, on the corner of Grand Lely Drive and Collier Boulevard (7665 Collier Blvd), if built as proposed, will have a negative impact on the surrounding communities. The impact this project will have on the surrounding communities is as follows; 1. The 2 building, 4 story complex is NOT what the residents of Lely Resort expected when their residences were purchased. They were aware that the parcel was zoned C-3 commercial, NOT residential . 2. The ONLY entrance/exit access would be on Celeste Drive. This could cause a traffic jam in the event of an emergency. How would emergency vehicles enter the area and residents leave if there was a fire, or other emergency? 3. Celeste Drive has had repeated speeders and traffic accidents, even though the speed limit is 30 MPH. This proposed project would increase traffic on Celeste Blvd through Ole and Tiger Island because of the number of residents expected and a greater number of cars that would use it as a shortcut between Route 41 and Collier Blvd. 4. The Lely Traffic Committee has already worked with the Collier Country Department of Transportation regarding 4 safety issues in Lely Resort. This project would result in additional traffic safety issues. 5. This project should not be compared to Inspira at the opposite end of Grand Lely drive because there are no single-family homes within sight and traffic for Inspira does not pass through residential neighborhoods. Inspira traffic exits onto Grand Lely drive. 6. Ole will be the most impacted community as Ole residents live on both sides of Celeste Blvd, and many walk across Celeste to reach the communities' Village Center. 7. There would be a significant impact on local schools from the potential influx of up to 184 families. 8. The proposed structures are not visually compliant with the surrounding architecture. 9. It is a density concern, as the 2 buildings being planned are both to be 4 stories high. Yours truly, Yvan Bourdeau GundlachNancy From: amhb123@aol.com Sent: Monday, January 3, 2022 1:02 PM To: SolisAndy; McDanielBill; SaundersBurt; TaylorPenny; LoCastroRick Cc: GundlachNancy; amhb123@aol.com Subject: Fwd: To Lely Residents: Regarding Lely Resort tract 12 PUDA C-3 being rezoned: here is what you can do to oppose this EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Jan. 3, 2022 To: Collier County Commissioners and Nancy Gundlach, see the note below from Marlene Landa, who lives in Lely Resort. I am in opposition of the zoning amendment and the building of 184 units. See the information below. Anne Marie Bularzik Anne Marie H. Bularzik, 8718 Mustang Island Circle, Lely Resort, Naples FL 34113, tel: 978-337-4388, email: amhb123@aol.com Roles: MI HOA President, MI Roadway President, President of the Lely Resort Presidents Association, and Elected Supervisor- LCDD (Lely Community Development District) If you are in opposition to the requested zoning amendment to the vacant Lely Resort tract 12 PUDA C-3 Commercial lot, bordered by Celeste Drive, Collier Blvd, and Grand Lely Drive, that would allow for the construction of 184 multifamily units read the information below. Here are some steps you can take. First: For those not in Naples, below is the link to watch the news clip about the proposed development, which was on Fort Myers NBC-2 news. httDs://nbc-2.com/news/local/2021 /12/20/lelv-resort-residents-worried-about-possible-traffic- from-proposed-apartment-complex/ Second: 1 Here is a website that posted information by a group called: Save Lely, click on the link Savelely.org Third: Here is the link to the Collier County Application: https://cvportal.colliercountyfl.gov/CitVViewWeb/Planning/GetFile/l 2002460 Fourth: Here is a letter from the planner/developer dated September 15, 2021. It is a request for a traffic study waiver for the new rental complex on Celeste Dr. From Claudette Klinkerman whose husband found this online. RE: Lely Resort PUDA (PL20210001795) TIS Waiver Request Dear Mr. Sawyer Please accept this letter as a request for a waiver from providing a Traffic Impact Statement (TIS) with the Lely Resort PUDA application submittal, PL20210001795. The Lely Resort PUD is a vested development, and no other residential units are proposed; therefore, the proposed amendment to allow residential uses on the C-3 tract will have no transportation impacts. We greatly appreciate your consideration of this request Sincerely, STANTEC CONSULTING SERVICES INC Lindsay F. Robin, AICP Urban Planner Fifth: Collier County will have an info session sometime in the future and then they will review the application. Write to Nancy Gundlach, (after the first of the year), she is the principle planner for Collier County that will be reviewing the application listed in the third section of this email. She was at the info session on Dec. 14t", but we were not allowed to ask her questions and she was not allowed to speak. She was there to observe. Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach(c)colliercountyfl.gov Sixth: Finally, this proposal will be reviewed in the future by the Collier County Commissioners. There are 5 Commissioners and the proposal would need to be approved by a supermajority, which means 4 of the 5 Commissioners would need to vote to approve this change from Commercial to Residential and the 4 story structure with only access/egress from Celeste Blvd. Write to theCollier County District Commissioners, again after the new year: District 1: Rick LoCastro Rick. LoCastro(c-colliercountyfl.gov 239 252-8601 District 2: Andy Solis, Esq. Andy. Sol is(a)-colIiercountyfl.gov 239 252-8602 District 3: Burt L Saunders Burt.Saunders(cDcolliercountyfl.gov 239 252-8603 District 4: Penny Taylor Penny.Taylor(a)colliercountyfl.gov 239 252-8604 District 5: Williams L. McDaniel, Jr. Bill. McDaniel(cDcolliercountyfl.gov 239 252-8605 Express the points that are most relevant to you, re: The Davis Development project, on the corner of Grand Lely Drive and Collier Boulevard (7665 Collier Blvd), if built as proposed, will have a negative impact on the surrounding communities. The impact of this project will have on the surrounding communities are as follows; 1- The 2 building, each 4 story complex is not what the residents of Lely, expected when their residences were purchased. They were aware that the parcel was zoned C-3 commercial, NOT residential . 2- The only access would be on Celeste Drive. This could cause a traffic jam in the event of an emergency. How would emergency vehicles enter the area and residents leave if there was a fire, or other emergency? 3- Celeste Drive has had repeated speeders and traffic accidents even though the speed limit is 30 MPH. This proposed project would increase traffic on Celeste Blvd and going through Ole and Tiger Island because of the number of residents expected and a greater number of cars would use it as a shortcut between Route 41 and Collier Blvd. 4- The Lely Traffic Committee has already worked with the Collier Country Department of Transportation regarding 4 safety issues in Lely Resort. This project would result in additional traffic safety issues. 5- This project should not be compared to Inspira at the opposite end of Grand Lely drive because there are no single-family homes within sight and traffic for Inspira does not pass through residential neighborhoods. This traffic exits onto Grand Lely drive. 6- Ole will be the most impacted community as Ole residents live on both sides of Celeste Blvd and many walk across Celeste to reach the communities' Village Center. 7- There would be a significant impact on local schools from the potential influx of up to 184 families. 8- The proposed structures are not visually compliant with the surrounding architecture. 9- It is a density concern, as the 2 buildings being planned are both to be 4 stories high. For all the above reasons, I am OPPOSED to BOTH the proposed project on Celeste Dr & Grand Lely Drive and amending the existing C-3 Commercial code for this parcel. Anne Marie Bularzik, Anne Marie H. Bularzik, 8718 Mustang Island Circle, Lely Resort, Naples FL 34113, tel: 978-337-4388, email: amhb123@aol.com GundlachNancy From: patricia carlson <pattycarlson1014@gmail.com> Sent: Wednesday, April 6, 2022 4:27 PM To: GundlachNancy Subject: Opposed to the Davis Development #PL20210001795 on Collier & Celeste, Lely Resort EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms. Gundlach, My husband and I moved to Naples from California less than one year ago and purchased our home in Lely in Sept. 2021. At that time we had high hopes of making Lely Resort our "forever" home as we were so taken with the vast green spaces, lush landscaping and quiet single-family homes. We felt that each neighborhood & sub -section was beautifully and thoughtfully designed and even though we knew there was a vacant lot near us in Tiger Lily Estates, we were assured by our Realtor that this was zoned as "commercial" property to serve the Lely residents if it was ever purchased from Stock. Suffice it to say we are furious about the proposal by Davis Development to put a high -density rental apartment complex on this small 9 acre lot. I'm sure you've heard our community concerns and hundreds of us have attended each and every meeting held by the Davis Group as well as the meeting held by Commissioner LoCastro. While Davis Development has made some modifications to their original plan, we still find it intolerable for the following reasons: 1) There is NO value to current residents of Lely Resort if this complex is built, rather it represents an enduring burden on the community 2) The apartments will result in unacceptable traffic congestion as well as high impact use of pedestrian traffic from the 500+ people using our small roads, green belts/ walk ways and bicycle paths 3) The architectural design of the apartments is dramatically different than the single-family homes in Lely and it will be an eye -sore as one approaches the Lely entrance from Collier BLVD. There will be a shocking architectural disconnect from the existing surroundings not just in style, but in scale. 4) We are concerned about the stability and safety of our neighborhoods as this is a 100% rental complex. I understand this can't be disclosed in a filing by Davis, but it must be said as this is a serious concern of the residents 5) We are concerned that our property values will decline over time if his complex is built These are top of mind, but there are many other objections residents have raised over the last few months. I can't afford an attorney to represent my interests. The only thing I can do is voice my objections, vote and hope to appeal to your sense of duty to the residents who have invested, in many cases, their life savings to retire here. Sincerely, Patricia Schofield GundlachNancy From: Rich Cobuzio <rcobuzio@me.com> Sent: Sunday, February 6, 2022 7:05 PM To: GundlachNancy Cc: Cobuzio Monica Subject: Re -Zoning PL # 20210001795 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms. Gundlach, We are residents of the Ole community within Lely Resort where Davis Development is proposing a two 4 story multi -family densely populated apartment buildings on the small parcel bounded by Collier Boulevard (951) / Grand Lely Drive and Celeste Drive (PL # 20210001795). With any new development plan, there may be some small inconveniences that can be expected and justified. In this instance however, there is a significant impact to the immediate surrounding communities. We are strongly opposed to the development of this housing for many reasons, but the most critical being the safety hazard it will undeniably cause. Major Safety Hazard: The increased traffic from close to 200 units of the proposed complex, whose only point of access is Celeste Drive, will make Celeste Drive a thoroughfare that it was never designed to be. Celeste Drive goes right through the heart of the Ole Resort's Village Center where there is significant foot and bicycle traffic that should not be exposed to the increased car volume that would absolutely result from the proposed apartment complex. There are a plethora of grocery stores, restaurants, banks, Starbucks, Xfinity, Home Goods, Dollar Store (and the list goes on and on), that will be much easier accessed by these occupants driving on Celeste Drive through Ole Resort vs. a less direct route via Collier Boulevard. By itself this is reason enough not to approve the re- zoning. There are many more legitimate and material negative impacts that would result from this proposal: 1. These multi -story buildings are entirely out of character for this residential area and was never intended in the original Lely Master Plan which calls for this area to be commercial if used at all. These tall buildings will stand out like a sore thumb and undo the careful attention to aesthetics of the entire area. 2. Debris, delays and chaos throughout the approximate 2-year construction phase from constant trucks, contractor activity, etc. to the site through the single access street, Celeste Drive. 3. There would be a significant impact on local schools from the potential influx of up to 184 families 4. Lower property values for the existing property owners in Lely, many of whom are retirees like ourselves who have counted on their homes to maintain a stable value. 5. The destruction of the quiet, peaceful, safe, small-town quality of Lely Resort which made this area so desirable to all of us and the reason we purchased here in the first place. We respectfully request that you vote down the re -zoning of this parcel. It will create a significant safety hazard and cause irreparable harm to existing homeowners. Sincerely, Rich and Monica Cobuzio 9085 Chula Vista Street, Unit 10606 Naples, FL 34113 GundlachNancy From: Mary Egan <maryegan01@gmail.com> Sent: Sunday, January 30, 2022 8:09 AM To: GundlachNancy Subject: Davis Development EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Nancy, I am writing to voice my opposition to the proposed development by the Davis Development project on the corner of Grand lely Dr and Collier Blvd. I have several concerns: 1. The traffic affecting Ole and Celeste Blvd. The only access is proposed to be on Celeste thus overloading that small road and pushing excess traffic into Tiger Island and Ole. The amount of development on Collier Blvd is immense. Causing great backups already in that area and especially at the major intersection of 41 and 951. The influx of 180 + families, cars and demands on services is much in an area that is being taxed already. I do favor the commercial use originally proposed for that track of land. I am opposed to both the proposed project and amending the existing C-3 commerical code for this parcel. We are in major need of the following in the area: 1. Upscale restaurants -- we have none and most go to downtown naples to enjoy better food == Organic food options would be well received 1 2. A great bakery -- again none in the area 3. A good florist shop - we have only Publix 4. Pickleball courts -- I know hard to do but the demand is huge and we do not have courts in the area that can be used by the public. Players has 2 and is private and East Naples is over crowded 5. Pet retreat... the area is lacking pet boarding 6. Car repair -- a jiffy Lube A OK Tire is great but huge demand. 7. Upscale womens clothing like what they have in Venetician Village ... we have NONE 8. A wellness center Put that track to use for the people that live here. I would offer jobs. Thank you for your time. Mary Egan 8811 Mustang Island Circle Naples 0 Mary Egan - Nutrition, Arthritis, Wellness, Coach Call 443-994-6003 Check out my new website Solutions to Wellness like me on Facebook Solutions to Wellness, Instagram HappyjointsSTW Enjoy life - we only have one! 4 GundlachNancy From: Terry Endress <terryendress@gmail.com> Sent: Thursday, January 6, 2022 8:57 PM To: GundlachNancy; HomiakKaren; VernonChristopher; KarlFry; FryerEdwin; KlucikRobert; SheaPaul; Joesephschmitt@colliergov.net; eastmath@collierschools.com Cc: LoCastroRick; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: PROJECT #PL20210001795 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Planning Commission and County Commissioners The project set out above is very close to my home at the address set out below, The proposed 184+/- apartment complex overloads the property with people and vehicles. The area is already plagued with high traffic and high accident counts Approval of this zoning change would only create a more dangerous situation The density requested is also very high. The 4 story height requested does not work in the mostly residentially populated. Please reject this request Your consideration is appreciated TERRY ENDRESS 7873 Hawthorne Drive Unit 203 Naples FL 34113 330 5713730 terrvendress@gmail.com GundlachNancy From: crnabarb@nycap.rr.com Sent: Thursday, February 17, 2022 12:15 PM To: michaelsawyer@colliergov.net.; GundlachNancy Cc: LoCastroRick; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: traffic Impact Statement Lely Resort Attachments: Resolution Opposing the requested zoning amendment to the vacant C.docx EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. February 17, 2022 Mr. Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 S. Horseshoe Dr. #103 Naples, Florida 34104 We are writing at this time as a community to voice our objections to the request of Stantec Consulting Services Inc. for a waiver from providing a Traffic Impact Statement (TIS) for Lely Resort PUDA application submittal. (PL20210001795) The request makes the claim that, "the LELY Resort PUD is a vested development, and no other residential units are proposed, therefore, the proposed amendment to allow residential uses on the C-3 tract will have no transportation impacts" To argue that traffic will not be increased by the development of this particular project because no other residential units are proposed is a non sequitur. Future development or lack thereof does not relate in any way to the faulty conclusion that this project will not affect traffic congestion in this area. Moreover, to imply that the addition of 184 families and most likely upwards of 360 additional vehicles to the area will not increase traffic flow is an insult to our common sense. It is a false narrative predicted on a baseless assumption. Please see attached resolution that was signed by 27 HOA's representing 3,192 doors/73% of total Lely Resort homeowners. These communities are focused on the effect on traffic congestion this project will engender, and their concerns are expressed in the attached resolution. Barbara Capogna President Lely Verandas at Flamingo Island HOA crnabarb@nvcap.rr.com GundlachNancy From: Eileen Fusco <efusco1160@yahoo.com> Sent: Saturday, January 22, 2022 11:19 AM To: GundlachNancy Subject: Reject PROJECT #PL20210001795 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms Gundlach, My husband and I are relatively new residents and taxpayers in the Classics neighborhood of Lely. We rented for years in Lely before purchasing our house here, so we are familiar with the neighborhood and the growth in the area. I recently learned that Davis Development is seeking a variance on the small parcel of land bounded by Collier (951), Grand Lely Dr. And Celeste Dr. PL 20210001795. We understood for many years that this parcel was zoned for commercial use, similar to Stock Plaza. Davis Development is now proposing a a four story multi -family apartment complex which will be densely populated. (I've read estimates of 500 residents.) We are strongly opposed to the variance for many reasons, which I have outlined below: The ingress and egress for the proposed complex is on Celeste Drive. Celeste Drive is already the entrance for numerous two story multifamily condos and single family homes on the west side of Celeste Dr. A new complex of this size would add intolerable traffic to this relatively small artery frequented by bicyclists and walkers. Celeste Dr offers existing Lely residents an escape from the Collier/Rt. 41 congestion to access basics like Publix. Celeste Dr. enters Grand Lely exactly across from the entrance to our Classics neighborhood, and there is already considerable vehicle congestion at the traffic circle on Grand Lely between our entrance and Celeste Dr. The obstruction of traffic, noise and debris during construction would add to the already over burdened Celeste Dr. We are still living with the construction of the traffic circle at Celeste and Triangle Blvd. The proposed four story buildings are very much out of character with the character of the many single family homes of bordering Lely neighborhoods. It is 12 times more dense per acre than any other area in South Naples. Lely is already fairly densely populated, and could definitely use more commercial infrastructure in that area, much more than additional residents. This was the original and anticipated use for many (30) years. Renters could presumably turn these units into AirBnb or similar short term rentals, adding noise and debris to the area in addition to increasing traffic. We purchased in Lely because we believed it to be fully developed. That was one of the appeals of this area. We did not want to be near new construction or added congestion. For all of these reasons, we oppose the variance to allow for this proposed additional residential units. We strongly urge you to vote down the re -zoning of this parcel. Please feel free to contact me with any questions. Thank you for your consideration of this matter. Respectfully, Eileen and Cono Fusco 7437 Byrons Way Naples, FL 34113 917-825-2870 (PROJECT #PL20210001795) 1 GundlachNancy From: Ben Garfunkel <bgarfunkel@icloud.com> Sent: Tuesday, January 25, 2022 4:56 PM To: GundlachNancy Subject: Re -Zoning PL # 20210001795 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms. Gundlach: We are residents of the Ole community within Lely Resort where Davis Development is proposing a 4 story, multi -family, densely populated apartment complex on the small parcel bounded by Collier Boulevard (951) / Grand Lely Drive and Celeste Drive (PL # 20210001795). We are vehemently opposed to the development as this type of construction is entirely out of character for this residential area, was never intended in the original Lely Master Plan, creates significant safety hazards, and is unacceptable in terms of aesthetics for the area. More specifically, it will bring: 1. Intolerable traffic congestion to Celeste Drive, which we live mere feet from, which is a small artery intended for light traffic for existing homeowners. 2. An unacceptable safety hazard. The increased traffic from hundreds of occupants of the proposed complex, whose only point of access is Celeste Drive, will make Celeste Drive a thoroughfare that it was never designed to be. Celeste Drive goes right through the heart of the Ole's Village Center where there is significant foot and bicycle traffic that should not be exposed to the increased car volume that would absolutely result from the proposed apartment complex as that would be the shortest route to shopping and access to Northbound Route 41 (Tamiami Trail). This significant safety issue for the existing Lely communities, particularly those along Celeste Drive, and their residents, by itself is reason enough not to approve the re- zoning. 3. Debris, delays and chaos throughout the approximate 2-year construction phase from constant trucks back and forth to the site through the single access street, Celeste Drive. 4. Approximately 500 potentially unstable renters who will not have the investment we have in our neighborhoods which could bring litter, animal waste and excessive noise. 5. An unsightly, tall structure which will throw this carefully and beautifully designed Lely community completely out of balance. 6. Lower property values for the existing property owners in Lely, many of whom are retirees like ourselves who have counted on their homes to maintain a stable value. 7. The destruction of the quiet, peaceful, safe, small-town quality of Lely Resort which made this area so desirable to all of us and the reason we purchased here in the first place. In our view, that this type of project is even being considered is outrageous. We urge you to vote down the re -zoning of this parcel. Sincerely, Ben and Gina Garfunkel 9076 Rialto Street, Unit 6204 Naples, FL 34113 GundlachNancy From: J Gentile <jeffglmg@gmail.com> Sent: Sunday, December 19, 2021 11:43 AM To: GundlachNancy Subject: Residential Rezone on Celeste Drive Near my Home 34113 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Nancy, I live in Ole and the proposed re zone to residential for high density living Apartments or any apartments would ruin our neighborhood. Only 1 access from Celeste Drive would also be a disaster and dangerous to all of us who use it for biking, walking and access to our community. NO is my VOTE! Jeff Gentile 9086 Capistrano St N 34113 J Gentile jeffglmg@gmail.com GundlachNancy From: BellowsRay Sent: Tuesday, January 4, 2022 3:20 PM To: Greg Koch Cc: GundlachNancy Subject: RE: Please Reject Proposed 180 unit Apartment at Grand Lely & Collier Blvd Attachments: Submittal 1 - Request Narrative - Prepared.pdf; Submittal 1 - Application.pdf Good afternoon, I have forwarded your comments to Nancy Gundlach since she is the Principal Planner for the County in the review of this proposed PUD amendment. She can also provide copies of the latest revised plans for this amendment. Furthermore, she will discuss your comments with the applicant to see if they are willing to modify their application to better address your concerns. Lastly, she will forward your concerns to all the Planning Commission members as well as to incorporate all correspondence into a staff report that is presented to the Planning Commission and to the BCC for their review and consideration. Please let me or Nancy know if you have any questions concerning this matter and we will be glad to assist. R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 CiO1L76Y �iOLlYlty Exceeding expectations, every day! TO us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT. From: Greg Koch <kocgd@aol.com> Sent: Tuesday, January 04, 2022 1:59 PM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: Please Reject Proposed 180 unit Apartment at Grand Lely & Collier Blvd EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr Bellows, I am contacting you as Planning Commission County Liaison. 1 First, I wanted to communicate to you that we oppose the Proposed 180 unit Apartment Complex at Grand Lely & Collier Blvd. A. The area surrounding this property is Single Family Homes. We do not want Apartments that will lower our property values. B. Homes in the area are one or two stories. We do not want two four story apartment buildings. They would be out of place and an eyesore for the community. C. When we purchased our home, very close to the subject property, it was with the understanding that this area is zoned for much needed commercial establishments, like desperately needed restaurants. We need restaurants, doctors offices, etc to support the local community. D. The roads and infrastructure at this intersection will not support a 180 unit very dense apartment complex. Traffic and safety are already a problem. Please do not make it worse by sticking all these people and cars in there. Second, can you please provide email addresses so I can communicate this to the Planning Commission Members? And third, is there anyone else in county government that I could contact to voice our opposition to this horrible apartment proposal ? Thank you Greg Kochendorfer 7616 Winding Cypress Dr Naples, FL 34114 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. GundlachNancy From: Greg Koch <kocgd@aol.com> Sent: Wednesday, January 5, 2022 5:14 PM To: GundlachNancy Cc: BellowsRay Subject: Fwd: Please Reject Proposed 180 unit Apartment at Grand Lely & Collier Blvd EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Nancy, I ask for your support to reject the Proposed 180 unit Apartment at Grand Lely and Collier Blvd. This proposal will adversely affect living conditions in the area. The proposal can not be changed to address the many many issues that local residents have. The only way to change it is to reject it. The Zoning for that parcel should continue to promote commercial establishments that support and contribute to the community..... like restaurants, etc... I would welcome the opportunity to talk to you by telephone; may I make an appointment? I would like to understand what the community can do to ensure this proposal is rejected. Thank you Greg Kochendorfer -----Original Message ----- From: BellowsRay <Ray.Bel lows@colt iercountyfl.gov> To: Greg Koch <kocgd@aol.com> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Sent: Tue, Jan 4, 2022 3:20 pm Subject: RE: Please Reject Proposed 180 unit Apartment at Grand Lely & Collier Blvd Good afternoon, I have forwarded your comments to Nancy Gundlach since she is the Principal Planner for the County in the review of this proposed PUD amendment. She can also provide copies of the latest revised plans for this amendment. Furthermore, she will discuss your comments with the applicant to see if they are willing to modify their application to better address your concerns. Lastly, she will forward your concerns to all the Planning Commission members as well as to incorporate all correspondence into a staff report that is presented to the Planning Commission and to the BCC for their review and consideration. Please let me or Nancy know if you have any questions concerning this matter and we will be glad to assist. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Exceeding expectations, every day! TO us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXbvgTT. From: Greg Koch <kocgd@aol.com> Sent: Tuesday, January 04, 2022 1:59 PM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: Please Reject Proposed 180 unit Apartment at Grand Lely & Collier Blvd EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr Bellows, I am contacting you as Planning Commission County Liaison. First, I wanted to communicate to you that we oppose the Proposed 180 unit Apartment Complex at Grand Lely & Collier Blvd. A. The area surrounding this property is Single Family Homes. We do not want Apartments that will lower our property values. B. Homes in the area are one or two stories. We do not want two four story apartment buildings. They would be out of place and an eyesore for the community. C. When we purchased our home, very close to the subject property, it was with the understanding that this area is zoned for much needed commercial establishments, like desperately needed restaurants. We need restaurants, doctors offices, etc to support the local community. D. The roads and infrastructure at this intersection will not support a 180 unit very dense apartment complex. Traffic and safety are already a problem. Please do not make it worse by sticking all these people and cars in there. Second, can you please provide email addresses so I can communicate this to the Planning Commission Members? And third, is there anyone else in county government that I could contact to voice our opposition to this horrible apartment proposal ? Thank you Greg Kochendorfer 7616 Winding Cypress Dr Naples, FL 34114 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. GundlachNancy From: amhb123@aol.com Sent: Monday, January 3, 2022 12:57 PM To: SolisAndy; McDanielBill; SaundersBurt; TaylorPenny; LoCastroRick Cc: GundlachNancy Subject: Fwd: To Lely Residents: Regarding Lely Resort tract 12 PUDA C-3 being rezoned: here is what you can do to oppose this EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. To: Collier County Commissioners and Nancy Gundlach, see the note below from Marlene Landa, who lives in Lely Resort. -----Original Message ----- From: Marlene Landa <marlenelanda@me.com> To: amhb123@aol.com Sent: Wed, Dec 29, 2021 12:14 pm Subject: Re: To Lely Residents: Regarding Lely Resort tract 12 PUDA C-3 being rezoned: here is what you can do to oppose this Anne Marie, Thank you for keeping us informed. I have filled out the form below..... please forward it to the appropriate parties. Unfortunately, we have a lot on our plate right now, and this issue is not top of mind .... but I am certainly against the proposed development. Wishing you and yours a Happy and Healthy New Year. Marlene Sent from my Pad On Dec 29, 2021, at 8:58 AM, amhb123@aol.com wrote: If you are in opposition to the requested zoning amendment to the vacant Lely Resort tract 12 PUDA C-3 Commercial lot, bordered by Celeste Drive, Collier Blvd, and Grand Lely Drive, that would allow for the construction of 184 multifamily units read the information below. Here are some steps you can take. First: For those not in Naples, below is the link to watch the news clip about the proposed development, which was on Fort Myers NBC-2 news. 1 :Hnbc-2.com/news/local/2021 /12/20/leIv-resort-residents-worried-about-possible-traffic- from-proposed-apartment-complex/ Second: Here is a website that posted information by a group called: Save Lely, click on the link Savelely.org Third: Here is the link to the Collier County Application: https://cvportal.colliercountyfl.gov/CitVViewWeb/Planning/GetFile/l 2002460 Fourth: Here is a letter from the planner/developer dated September 15, 2021. It is a request for a traffic study waiver for the new rental complex on Celeste Dr. From Claudette Klinkerman whose husband found this online. RE: Lely Resort PUDA (PL20210001795) TIS Waiver Request Dear Mr. Sawyer Please accept this letter as a request for a waiver from providing a Traffic Impact Statement (TIS) with the Lely Resort PUDA application submittal, PL20210001795. The Lely Resort PUD is a vested development, and no other residential units are proposed; therefore, the proposed amendment to allow residential uses on the C-3 tract will have no transportation impacts. We greatly appreciate your consideration of this request Sincerely, STANTEC CONSULTING SERVICES INC Lindsay F. Robin, AICP Urban Planner Fifth: Collier County will have an info session sometime in the future and then they will review the application. Write to Nancy Gundlach, (after the first of the year), she is the principle planner for Collier County that will be reviewing the application listed in the third section of this email. She was at the info session on Dec. 14t", but we were not allowed to ask her questions and she was not allowed to speak. She was there to observe. Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy. Gundlach(c-DcolIiercountyfl.gov Sixth: Finally, this proposal will be reviewed in the future by the Collier County Commissioners. There are 5 Commissioners and the proposal would need to be approved by a supermajority, which means 4 of the 5 Commissioners would need to vote to approve this change from Commercial to Residential and the 4 story structure with only access/egress from Celeste Blvd. Write to theCollier County District Commissioners, again after the new year: District 1: Rick LoCastro Rick. LoCastro(@colliercountyfl.gov 239 252-8601 District 2: Andy Solis, Esq. Andy. Sol is(DcolIiercountyfl.gov 239 252-8602 District 3: Burt L Saunders Burt.Saunders(a)colliercountyfl.gov 239 252-8603 District 4: Penny Taylor Penny.Taylor colliercountyfl.gov 239 252-8604 District 5: Williams L. McDaniel, Jr. Bill. McDaniel(a)colliercountyfl.gov 239 252-8605 Express the points that are most relevant to you, re: The Davis Development project, on the corner of Grand Lely Drive and Collier Boulevard (7665 Collier Blvd), if built as proposed, will have a negative impact on the surrounding communities. The impact of this project will have on the surrounding communities are as follows; 1- The 2 building, each 4 story complex is not what the residents of Lely, expected when their residences were purchased. They were aware that the parcel was zoned C-3 commercial, NOT residential . 2- The only access would be on Celeste Drive. This could cause a traffic jam in the event of an emergency. How would emergency vehicles enter the area and residents leave if there was a fire, or other emergency? 3- Celeste Drive has had repeated speeders and traffic accidents even though the speed limit is 30 MPH. This proposed project would increase traffic on Celeste Blvd and going through Ole and Tiger Island because of the number of residents expected and a greater number of cars would use it as a shortcut between Route 41 and Collier Blvd. 4- The Lely Traffic Committee has already worked with the Collier Country Department of Transportation regarding 4 safety issues in Lely Resort. This project would result in additional traffic safety issues. 5- This project should not be compared to Inspira at the opposite end of Grand Lely drive because there are no single-family homes within sight and traffic for Inspira does not pass through residential neighborhoods. This traffic exits onto Grand Lely drive. 6- Ole will be the most impacted community as Ole residents live on both sides of Celeste Blvd and many walk across Celeste to reach the communities' Village Center. 7- There would be a significant impact on local schools from the potential influx of up to 184 families. 8- The proposed structures are not visually compliant with the surrounding architecture. 9- It is a density concern, as the 2 buildings being planned are both to be 4 stories high. For all the above reasons, I am OPPOSED to BOTH the proposed project on Celeste Dr & Grand Lely Drive and amending the existing C-3 Commercial code for this parcel. Signature Marlene Landa Print Name Marlene Landa Community _Ascot Address 6827 Ascot Drive Unit 101 City, State, Zip Florida 34113 GundlachNancy From: Gae Lennox <gaelennox@gmail.com> Sent: Monday, January 3, 2022 12:56 PM To: GundlachNancy; mikedavis@davisdevelopment.com; fred hazel@davisdevelopment.com; adrianaaleman@davisdevelopment.com; lindsay.robin@stantec.com; HomiakKaren; VernonChristopher; KarlFry; FryerEdwin; KlucikRobert; SchmittJoseph; eastmath@collierschools.com Subject: PROJECT# PL20210001795 Attachments: location of my condo vs development.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I am a resident of Lely Resort in Naples, FL where Davis Development is proposing a 4 story, multi -family, densely - populated apartment complex on the small parcel bounded by Collier (951) / Grand Lely Drive and Celeste Drive PL # 20210001795. I am strongly opposed to the development as this type of construction is entirely out of character for this residential area. Not only is it unacceptable in terms of its aesthetics, it will bring: 1) Intolerable traffic congestion to Celeste Drive, which is a small artery intended for light traffic for existing single family homeowners 2) Debris, delays and chaos throughout the approx. 2 year construction phase from constant trucks back and forth to the site through the single access street, Celeste. 3) Potentially unstable renters who will not have the investment we have in our neighborhoods which could bring litter, animal waste and excessive noise. 4) An unsightly, tall structure which will throw this carefully and beautifully designed Lely community completely out of balance. 5) Potentially lower property values for the residents in Lely, many of whom are retirees who have counted on their homes to maintain a stable value. 6) The destruction of the quiet, peaceful, safe, small-town quality of Lely Resort which made this area so desirable to all of us and the reason we purchased here in the first place. 7) 1 am in the closest condo to this entrance at Celeste. I will be the most affected by this development. Please see the picture of my condo on Panther Trail marked as 8003. I attended the meeting on Dec. 14th at the Naples Library led by Linsday Robin and we were all genuinely outraged. We intend to make our voice heard at every meeting going forward. We urge you to vote down the re -zoning of this parcel and urge Davis Development to build elsewhere. Sincerely, Gae Lennox 8003 Panther Trail, Apt 702 Naples, FL 34113 GundlachNancy From: Tom Rodeheaver <trodeheaver@gmail.com> Sent: Monday, January 10, 2022 7:07 PM To: GundlachNancy; LoCastroRick; SolisAndy; SaundersBurt; PennyTaylor@colliercountyfl.gov; Bill.McDaniel@colliercou9ntyfl.gov Subject: proposed apartment complex in the area bounded by Collier Boulevard, Grand Lely Drive, and Celeste Drive EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ladies and Gentleman, I am writing in regards to a proposed zoning amendment to allow construction of two apartment buildings in a lot bounded by Grand Lely Drive, Collier Blvd, and Celeste Drive and now zoned commercial. I understand that you all will be involved in reviewing and approving this project if it is to come to fruition. Many of my neighbors have concerns about the proposed re -zoning and construction project, and I share many of their concerns. I am opposed to this project and urge you not to approve it as proposed. My main concern is the effect on traffic in the current Lely Resort, especially the developments of Ole, Tiger Island, and Lely Island Estates (where I live). I have seen excerpts from a letter from Standec Consulting Services requesting a waiver to the requirement for a Traffic Impact Study for this project. My mind boggles at the idea that there is no need for such a study, unless it is because the project will have such an obvious deleterious effect on traffic that it should be rejected out of hand. Specifically, I note that: 1. The only access to the apartment complex would be on Celeste Drive. This will result in additional traffic through the nearby neighborhoods, which already receive considerable drive -through traffic from people seeking short-cuts to Freedom Square, Lely High School, Tamiani Trail north and south of Collier Blvd, and Collier Blvd south of Tamiani Trail. The streets in these neighborhoods were planned and are acceptable for local traffic and some drive -through traffic, but in many places even the current level of drive -through traffic is too high. Speed limits of 20 to 30 MPH on these streets are frequently exceeded and not enforced. The addition of 184 apartments worth of people driving through our neighborhoods would be a real safety concern. 2. The limitation of ingress and egress to one entrance on Celeste Drive would cause a traffic jam in the event of an emergency. How would emergency vehicles enter the area and residents leave if there were a fire or other emergency? 3.Ole will be the most impacted community as Ole residents live on both sides of Celeste Blvd and many walk across Celeste to reach the community's Village Center. Additional traffic will make that crossing, and any walking or bicycling along Celeste, more dangerous. People are moving to Southwest Florida for the same reasons as many of us who live here already. I get that they have to live somewhere. But they don't have to make the areas where they live so much worse because of their presence. 1 I object to this project and urge you to reject it. I would withdraw my objection if you required safe, reasonable access from Collier Blvd directly in to and out of the apartment project. Thank you for your consideration. Thomas N. Rodeheaver 8992 Lely Island Circle Naples, FL 34113 571-331-8968 trodeheaver@gmail.com GundlachNancy From: Renee Lokay <rclokay@comcast.net> Sent: Saturday, December 18, 2021 2:44 PM To: GundlachNancy Subject: STOP Lely apartments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Need your help regarding the proposed Apartment Building adversely affecting our "Award Winning" Lely Resort! I am sure you know by now that there is a major outrage by THOUSANDS of Lely Resort and surrounding neighborhood residents objecting to the rezoning of the parcel of land on Grand Lely Drive and 951! What are the steps for Rezoning??While many residents are concerned about dangerous traffic conditions and flow that is only one of the many reasons this rezoning should never be approved! I am a 20 year resident of our Beautiful Lely Resort! I am also responsible for the costs as well as all residents of Lely Resort for money spent making this an aesthetically beautiful community with our famous Freedom Horses and landscaping! I get sick thinking of the thought of a four story monstrosity on the corner of our beautiful entrance Please help us to squash this rezoning request before it even gets any traction Renee Valant Sent from my iPhone GundlachNancy From: SawyerMichael Sent: Tuesday, January 11, 2022 11:11 AM To: Renee Lokay; GundlachNancy Cc: VargaCecilia Subject: RE: Is this legal??? Ms. Lokay, Thank you. I appreciate your clarification and I apologize ahead of time for the length of this response. There are two parts to our transportation reviews in the county, the first is with the current phase for the proposed PUD use change at Lely. I know I'm repeating information you already have but to be clear, the requested change to the Lely PUD is proposing allowing residential uses in addition to commercial uses in this location. Our current transportation review is limited to determining if there is available capacity on the adjacent roadways to accommodate the proposed use change. In this case the current PUD residential units for Lely are vested and counted already on the road network traffic counts. Vesting is basically pre -payment of transportation impacts and putting the traffic on the road network trip counts before they are built -occur. The proposed change is not requesting additional residential units. In this case the TIS waiver request meets the provisions of our TIS guidelines for the PUD change because the residential units at Lely have already been counted on the road network due to vesting. You are asking about the operational impacts which are reviewed as part of the second transportation review for actual development projects. This second transportation review is done as part of the development review process and is known as a Site Development Plan (SDP) reviewed by our Development Services Department. This is a much more detailed set of plans and documents showing the actual proposed development, building layout, parking, landscaping, etc. and is required before building permits can be obtained. PUD's set development standards and SDP's show what is actually proposed for construction which is why we have this two review process for transportation impacts. First review, is there capacity on our road network for potential new development; and second review, what are the actual impacts operationally to that network.. When submitted the SDP will require a TIS including those operational impacts at access points, intersections and the network. The SDP has not yet been submitted for this location so our offices do not have that TIS available yet. That being said staff is aware of homeowner concerns at Lely including the same access points, intersection conflicts and the overall roadways within your community. The SDP review will include staff from our Transportation Operation staff as well as Development Services. I've copied additional transportation staff above so that your concerns and interest in this development are know and can be addressed. Please let me know of your follow-up questions. Respectfully, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer@colliercountyfl.gov -----Original Message ----- From: Renee Lokay <rclokay@comcast. net> Sent: Tuesday, January 11, 2022 8:27 AM To: SawyerMichael <Michael.Sawyer@colliercountyfl.gov> Subject: Is this legal??? EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Mr Sawyer As we all know Stocks Comercial Property on Celeste in Lely Resort is submitted for Re -Zoning for Apartment building I know you this has been submitted to you with the paragraph: My question is: Is this legal To make this request??? This can't be legal!?!! And the residence of Lely Resort and Verona Walk Will be affected by horrible conditions and accidents that are already happening at CelesteM I am requesting that this property stays as is "Zoned Commercial" as this was the reason we have all made our Life's Highest Investment "Our Homes"! I am requesting a copy of the traffic study you will be doing because obvious this should kill this project and can't be legal not to do one??!! Please reply to this letter Renee Valant 8982 Lely Island Circle Naples FI 34113 > Request Dear Mr. Sawyer Please accept this letter as a request for a > waiver from providing a Traffic Impact Statement (TIS) with the Lely > Resort PUDA application submittal, Sent from my iPhone 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. GundlachNancy From: Renee Lokay <rclokay@comcast.net> Sent: Saturday, December 18, 2021 2:15 PM To: GundlachNancy Subject: Lely Resort Appointments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello There are thousands of Residents that these proposed rental unit will affect our in a very negative way. It will make very dangerous traffic conditions and ruin and affect most all of Lely Resort Please put a STOP to this project!! What are the Steps that are taken for Rezoning??? Please help Renee Valant Sent from my iPhone GundlachNancy From: BellowsRay Sent: Friday, December 31, 2021 1:57 PM To: GundlachNancy Subject: FW: Lely Apartments Hi Nancy, I think this is your project. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT. -----Original Message ----- From: Renee Lokay <rclokay@comcast. net> Sent: Friday, December 31, 20219:15 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: Lely Apartments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. >> The Davis Development project, on the corner of Grand Lely Drive and Collier Boulevard (7665 Collier Blvd), if built as proposed, will have a negative impact on the surrounding communities. >> The impact of this project will have on the surrounding communities are as follows; >> 1- The 2 building, each 4 story complex is not what the residents of Lely, expected when their residences were purchased. They were aware that the parcel was zoned C-3 commercial, NOT residential . >>2- The only access would be on Celeste Drive. This could cause a traffic jam in the event of an emergency. How would emergency vehicles enter the area and residents leave if there was a fire, or other emergency? >> 3- Celeste Drive has had repeated speeders and traffic accidents even though the speed limit is 30 MPH. This proposed project would increase traffic on Celeste Blvd and going through Ole and Tiger Island because of the number of residents expected and a greater number of cars would use it as a shortcut between Route 41 and Collier Blvd. >> 4- The Lely Traffic Committee has already worked with the Collier Country Department of Transportation regarding 4 safety issues in Lely Resort. This project would result in additional traffic safety issues. >> 5- This project should not be compared to Inspira at the opposite end of Grand Lely drive because there are no single-family homes within sight and traffic for Inspira does not pass through residential neighborhoods. This traffic exits onto Grand Lely drive. >> 6- Ole will be the most impacted community as Ole residents live on both sides of Celeste Blvd and many walk across Celeste to reach the communities' Village Center. >> 7- There would be a significant impact on local schools from the potential influx of up to 184 families. >> 8- The proposed structures are not visually compliant with the surrounding architecture. >> 9- It is a density concern, as the 2 buildings being planned are both to be 4 stories high. >> For all the above reasons, I am OPPOSED to BOTH the proposed project on Celeste Dr & Grand Lely Drive and amending the existing C-3 Commercial code for this parcel. >> Signature Renee >> Valant >> Print Name >> Community Lely Resort >> Address 8982 Lely Island Cr >> Unit City, State, Zip Naples FI >> 34113 Sent from my iPhone 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. GundlachNancy From: Amy Malley <amy.d.malley@gmail.com> Sent: Saturday, December 18, 2021 8:48 PM To: GundlachNancy Subject: Proposed development near Lely Resort EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. As a 13 year resident of Lely (originally in Ole and most recently within the Classics), I am writing to express my most sincere disapproval of the apartment complex being proposed near the Celeste/Grand Lely intersection. As this area has grown in recent years, we've seen more and more 'cut through' traffic through an area that was never intended to serve anything but the residents of Lely Resort. Accidents (and many near accidents) are a regular occurrence at the circle right at the aforementioned intersection. Pedestrians and bicyclists as well as are at risk daily... even with today's traffic levels. The addition of the proposed apartment complex, with no egress from 951 will only complicate an already dangerous intersection. Please do not allow such development to proceed on this plot. Please preserve the safety of the residents of Lely. Thank you for your consideration. Amy Malley 7793 Hawthorne Dr Naples, FL 34113 GundlachNancy From: Karen Manross <kamanross@sbcglobal.net> Sent: Thursday, December 30, 2021 8:00 PM To: GundlachNancy Subject: Regarding rezoning of Lely Resort tract 12 PUDA C-3 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms. Gundlach, Mr,LoCastro, Mr. Solis, Mr. Saunders, Ms. Taylor, and Mr. McDaniel: Please do not change the zoning from commercial to residential. It would create even more undo stress and the traffic safety issues that we already have here in Lely especially at the intersection including Celeste Drive, Collier Blvd. and Grand Lely Drive. It's bad enough that the Lely exit from Grand Lely Drive doesn't have a designated right turn lane to alleviate the backup of traffic that occurs from people driving straight across 951 into Verona Walk. Adding a large residential high rise would exacerbate this problem, not to mention the speeders that race through Lely's main thoroughfares. If this tract remains zoned for commercial use instead of residential , the busy times would be fewer and the volume of traffic would be far less. Please do not rezone tract 12 PUDA C-4 to residential. Thank you and Happy New Year, Karen Manross Lely Resort resident Sent from my iPad Dear Ms, Gundlach, I am a resident of Lely Resort in Naples, FL where Davis Development is proposing a 4 story, multi -family, densely -populated apartment complex on the small parcel bounded by Collier (951) / Grand Lely Drive and Celeste Drive PL # 20210001795. I am strongly opposed to the development as this type of construction is entirely out of character for this residential area. Not only is it unacceptable in terms of its aesthetics, it will bring: 1) Intolerable traffic congestion to Celeste Drive, which is a small artery intended for light traffic for existing single family homeowners 2) Debris, delays and chaos throughout the approx. 2 year construction phase from constant trucks back and forth to the site through the single access street, Celeste. 3) Potentially unstable renters who will not have the investment we have in our neighborhoods which could bring litter, animal waste and excessive noise 4) An unsightly, tall structure which will throw this carefully and beautifully designed Lely community completely out of balance. 5) Potentially lower property values for the residents in Lely, many of whom are retirees who have counted on their homes to maintain a stable value. 6) The destruction of the quiet, peaceful, safe, small-town quality of Lely Resort which made this area so desirable to all of us and the reason we purchased here in the first place. I attended the meeting on Dec. 14th at the Naples Library lead by Linsday Robin and we were all genuinely outraged. We intend to make our voice heard at every meeting going forward. We urge you to vote down the re -zoning of this parcel and urge Davis Development to build elsewhere. Sincerely. Thomas G Mockler Veronawalk Resident 7991 Valentina Ct Naples, FL 34114 GundlachNancy From: Bonnie M <bonniemurphy357@gmail.com> Sent: Monday, January 24, 2022 8:45 PM To: GundlachNancy EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms, Gundlach I am a resident of Lely Resort in Naples, FL where Davis Development is proposing a 4 story, multi -family, densely - populated apartment complex on the small parcel bounded by Collier (951) / Grand Lely Drive and Celeste Drive PL # 20210001795. 1 am strongly opposed to the development as this type of construction is entirely out of character for this residential area. Not only is it unacceptable in terms of its aesthetics, it will bring: 1) Intolerable traffic congestion to Celeste Drive, which is a small artery intended for light traffic for existing single family homeowners 2) Debris, delays and chaos throughout the approx. 2 year construction phase from constant trucks back and forth to the site through the single access street, Celeste. 3) Potentially unstable renters who will not have the investment we have in our neighborhoods which could bring litter, animal waste and excessive noise 4) An unsightly, tall structure which will throw this carefully and beautifully designed Lely community completely out of balance. 5) Potentially lower property values for the residents in Lely, many of whom are retirees who have counted on their homes to maintain a stable value. 6) The destruction of the quiet, peaceful, safe, small-town quality of Lely Resort which made this area so desirable to all of us and the reason we purchased here in the first place. I attended the meeting on Dec. 14th at the Naples Library lead by Linsday Robin and we were all genuinely outraged. We intend to make our voice heard at every meeting going forward. We urge you to vote down the re -zoning of this parcel and urge Davis Development to build elsewhere. Sincerely. Bonnie Murphy 8941 Malibu St, Naples, FL 34113 unit 103. 732 575 2209 phone GundlachNancy From: Gary Nolte <garynolte@gmail.com> Sent: Thursday, December 23, 2021 4:14 PM To: GundlachNancy Subject: Lely Lot EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Please do not allow the apartment complex project to proceed! The roads in Lely were never built to allow the amount of traffic they will bring to our community! Celeste is only a 2 lane road & like all other Lely roads there are no bicycle lanes which already make our roads very unsafe! Gary & Connie Nolte Verandas Sent from my iPhone GundlachNancy From: BellowsRay Sent: Friday, January 7, 2022 10:28 AM To: GundlachNancy Subject: FW: Opposed to rezoning on Isle of Capri FYI ,Racy Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 C gffe_Y Cioui4ty Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://aoo.gl/eX*vgT. From: Lorraine Painter <lorrainekaypainter@gmail.com> Sent: Friday, January 07, 2022 10:14 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: Opposed to rezoning on Isle of Capri EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I am opposed to rezoning of the Fiedler's Creek property parcel on Isle of Capri because of the density of population on that small parcel that it would cause which would be hard to support with infrastructure and particularly roads on that small island. It would be a financial burden for the Isles of Capri. Lorraine Painter 414 Panay Ave. Naples. FL 34113 (Isles of Capri) 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. GundlachNancy From: Steven Pergola <sgpergola @gmail.com> Sent: Monday, February 7, 2022 8:31 PM To: GundlachNancy Subject: Proposal for construction EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms. Gundlach, I would like to know the current status of the proposed construction at the intersection of Grand Lely Drive and Collier Boulevard. I am strongly opposed to changing the use of this property to high density, high rise residential use. Maintaining low rise commercial use would serve the community better. It would change the whole atmosphere in the area for the worse, increase traffic at this busy intersection, adversely impact safety and lower property values. Residents should be be able to vote on this proposal and be able to voice their opinions. Thank you, Steven Pergola GundlachNancy From: Kevin Steele <kmsteelel @gmail.com> Sent: Sunday, January 2, 2022 8:25 AM To: GundlachNancy Subject: Proposed Lely Development EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. As I am sure you are abundantly aware we have a potential development going into Lely Resort. I am adding my voice to many who find various components of this project totally unacceptable. To Wit: 1. The only access and egress would be from Celeste. There is currently no design to have access and egress to this complex from 951. Steering all traffic through this small pedestrian trafficked road is completely unrealistic and dangerous This would put significantly more traffic not only onto Celeste but also through the Lely residential areas of Ole, Verandas, Tiger Island, etc. Putting many more cars through the Lely residential communities, traversing to Lely Resort Blvd... to drive "the back roads" to get to US 41. What if a fire occurred, how would all these residents be able to exit that area, all would be converging through one egress? Also then how would emergency vehicles (fire, police, first responders get into the complex, with people trying to exit all from on access/egress point? 2 Lely already has issues with driver speeding through the neighborhoods, this would add to this. 3. The Lely Traffic Committee has already worked with Collier County DOT (Department of Transportation) on 4 safety issues in the Lely Community. There have been several deaths of drivers and traffic intervention was needed. I think that this is going to result in further traffic/safety issues. 4 It is a density concern, as the 2 buildings are both to be 4 stories high. Is it within fire code to over 500 residents with only one small exit in an emergency? When will a traffic study be done? We are told that it happens after approval --really! Talk about too little too late. 5 This should not be compared to Inspira. Inspira has access and egress onto Grand Lely Blvd, and those renters do not then travel through the residential neighborhoods of Lely. As I stated in the subject line we need your help. I would like to see it stopped completely but that may be unrealistic. At the very least the density should be reduced significantly and there should be no entrance or exit from Celeste. If Collier is not an option then the project should not be approved -period. PS - I have been very pleased with your energy and efforts to date for our county. Best regards Kevin Steele 6665 Alden Woods Cir 201 Naples Fl 34113 978-807-8283 GundlachNancy From: Stephanie Rhodes <strhodes49@gmail.com> Sent: Friday, December 17, 2021 4:13 PM To: HomiakKaren; VernonChristopher; KarlFry; FryerEdwin; KlucikRobert; Shea Paul; GundlachNancy Subject: Planned development on Collier and Grand Lely EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. December 17,2021 Dear Collier County Planning Commission, I am writing this letter to express my strong opposition to allowing an amendment to the C-3 Commercial zoning on the parcel at the SW corner of Collier Blvd and Grand Lely. I attended the neighborhood information meeting on 12/15/21 presented by Davis Development with Q&A from Davis personnel and a Stock Management attorney. As a resident of The Verandas, I live directly across the street. I have served on the Verandas HOA BOD (not currently serving) and am presently on the Verandas 1 Association BOD. I have a few questions: How can the Planning Commission make a recommendation to the Commissioners before a traffic study is conducted? We were told that's the process Is there is a need for the zoning amendment? Was a mistake made when the neighborhood was originally zoned? If not, is there sufficient land elsewhere for high density residential use? The fact that Davis Development wants to develop on this parcel is not enough to justify a zone amendment. Will the zoning amendment be consistent with surrounding uses? Clearly this zoning change will not be consistent with surrounding uses. Verandas residents own their condos. Apartment renters are not vested in our community. As the Verandas is not a gated community and will never be one, we have no control of who uses our neighborhood as a cut through. Our road is private and our residents pay for the upkeep. We have had has issues in the past with non-residents damaging our pool, using our dumpsters and with crime. I personally have had my garage burglarized twice. Will the zoning amendment have an impact on our traffic? Renters will be entering and exiting Celeste 24/7. The original C-3 allowing for commercial use is acceptable as most commercial business hours are usually 9 AM to 9 PM. A few years ago, I wrote to the county traffic engineer about the hazards at the "round about" at Celeste and Grand Lely. They agreed that the signage was not sufficient, so they erected new signs. However, the issue still exists. I often see a car heading in my direction on the one-way lane because motorists do not know where to turn. Adding the traffic of 185 residents (not to mention construction trucks that will use Celeste for approximately 1 % years) will turn that circle and all of Celeste into a congested mess. In closing, I sincerely ask that you consider the impact to our entire Lely Resort community and especially to The Verandas. Sincerely, Stephanie Rhodes 8025 Tiger Cove Apt304 Naples, FL 34113 GundlachNancy From: Schofield, Tim <Timothy.Schofield@usfoods.com> Sent: Saturday, August 21, 2021 9:35 AM To: AshtonHeidi; ThomasClarkeVEN; FeyEric; FaulknerSue; GiblinCormac; GundlachNancy; LynchDiane Cc: Susan Vicedomini; Frank Lo Monte; patricia carlson Subject: Development of Grand Lely & 951. PL# 20210001795 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Afternoon, My wife Patty and I are purchasing the home at 8028 Tiger Lily Drive in Lely and have concerns regarding the vacant land on the SW corner of Grand Lely and 951, PL# 20210001795. We have been informed this property may be re -zoned and developed into 180-184 high density apartments. At the time of our purchase agreement in July 2021 we were told this would be developed as a small commercial/ retail property. We would like to go on record as strongly opposing the development of this area for apartment units for the following reasons: 1. Apartments, rather than condominiums/ townhouses, would be a destabilizing force in Tiger Island Estates. Renters tend to be transitory, and we feel this will change our stable neighborhood feeling. We realize there are existing apartments in other sections of Lely, but we feel this number of units on only 9 acres (the application states 20 acres, but the parcel is only 9), would increase the population density diminishing the quality of life in our local neighborhood within Lely Resort. 3. We have no gate in Tiger Island Estates. We feel a dense population of renters could potentially pose a security risk. 4. Adding 460+ residents to an already congested area presents safety, traffic, and noise concerns for the current residents of Lely Resort. A 7. We are concerned that these apartments will be used for short term rental (Airbnb, VRBO) further decreasing the quality of our stable, neighborhood environment. 9. We are concerned that the magnitude of the development with so many rental units will decrease our property values. We would like to be informed of any public comment period and/or hearing regarding this potential re- zoning/development. Thank you so much, Tim and Patty Schofield Tim Schofield Vice President- Supply Planning, Replenishment US Foods Rosemont, IL 847.962.2603 This email message and any attachments are for the sole use of the intended recipient(s) and may contain information that is confidential or proprietary to US Foods. If you have received this message in error, please notify the sender by reply, and delete all copies of this message and any attachments. GundlachNancy From: Kevin Steele <kmsteele1 @gmail.com> Sent: Sunday, January 2, 2022 8:25 AM To: GundlachNancy Subject: SteeleProposed Lely Development EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. As I am sure you are abundantly aware we have a potential development going into Lely Resort. I am adding my voice to many who find various components of this project totally unacceptable. To Wit: 1. The only access and egress would be from Celeste. There is currently no design to have access and egress to this complex from 951. Steering all traffic through this small pedestrian trafficked road is completely unrealistic and dangerous This would put significantly more traffic not only onto Celeste but also through the Lely residential areas of Ole, Verandas, Tiger Island, etc. Putting many more cars through the Lely residential communities, traversing to Lely Resort Blvd... to drive "the back roads" to get to US 41. What if a fire occurred, how would all these residents be able to exit that area, all would be converging through one egress? Also then how would emergency vehicles (fire, police, first responders get into the complex, with people trying to exit all from on access/egress point? 2 Lely already has issues with driver speeding through the neighborhoods, this would add to this. 3. The Lely Traffic Committee has already worked with Collier County DOT (Department of Transportation) on 4 safety issues in the Lely Community. There have been several deaths of drivers and traffic intervention was needed. I think that this is going to result in further traffic/safety issues. 4 It is a density concern, as the 2 buildings are both to be 4 stories high. Is it within fire code to over 500 residents with only one small exit in an emergency? When will a traffic study be done? We are told that it happens after approval --really! Talk about too little too late. 5 This should not be compared to Inspira. Inspira has access and egress onto Grand Lely Blvd, and those renters do not then travel through the residential neighborhoods of Lely. As I stated in the subject line we need your help. I would like to see it stopped completely but that may be unrealistic. At the very least the density should be reduced significantly and there should be no entrance or exit from Celeste. If Collier is not an option then the project should not be approved -period. PS - I have been very pleased with your energy and efforts to date for our county. Best regards Kevin Steele 6665 Alden Woods Cir 201 Naples Fl 34113 978-807-8283 0 F� U r1" To Collier County District Commissioners Date i"oi2 -ac),. District 1: Rick LoCastro Rick.LoCastro@colliercountyfl.gov 239 252-8601 District 2: Andy Solis, Esq. Andy.Solis@colliercountyfl.gov- 239 252-8602 District 3: BurtL Saunders Burt.SaundersC@colliercountyfl.gov 239 252-8603 District 4: Penny Taylor Penny.Taylor@colliercountvfl.gov 239 252-8604 District 5: Williams L. McDaniel, Jr. Bill. MCDaniel@colliercoun fl. ov 239 252-8605 The Davis Development project, on the corner of Grand Lely Drive and Collier Boulevard (7665 Collier Blvd), if built as proposed, will have a negative impact on the surrounding communities. The impact of this project will have on the surrounding communities are as follows; 1- The 2 building, each 4 story complex is not what the residents of Lely, expected when their residences were purchased. They were aware that the parcel was zoned C-3 commercial. NOT residential 2- The only access would be on Celeste Drive. This could cause a traffic jam in the event of an emergency. 3- Celeste Drive has had repeated speeders and traffic accidents and deaths even though the speed limit is 30 MPH. This proposed project would increase traffic on Celeste Drive because of the number of residents expected and a greater number of cars would use it as a short cut between Route 41 and Collier Blvd. 4- The Lely Traffic Committee has already worked with Collier Country Department of Transportation regarding 4 safety issues. This project would result in additional traffic safety issues. 5- This project should not be compared to Inspira at the opposite end of Grand Lely drive because there are no single family homes with sight and traffic for Inspira does not pass through residential neighborhoods. This traffic exits onto Grand Lely drive 6- This project would negatively affect home values and ultimately tax revenues. 7- Ole will be the most impacted community as Ole residents live on both sides of Celeste Drive and many walk across Celeste to reach the communities' Village Center. 8- Lely has exiting water and drainage problems that have not been resolved by the developer and this project would exacerbate this problem. 9- There would be a significant impact to local schools from the influx of 184 families. 10- The application for an amendment will invalidate the rationale, decision making and planning in designing Lely and the C-3 commercial zoning. 11- Davis development has admitted that they have not searched for other parcels in Collier County that already have the proper zoning for this type of project. 12- The proposed structures are not visually compliant with the surrounding architecture. For all the above reasons, I am OPPOSED to BOTH the proposed project on Celeste Dr & Grand Lely Drive and amending the existing C-3 Commercial code for this parcel. Signature Print Name Community OLE' ZIE: L.fz� _ Address 9gcj (fA.A' �"k ---j /1 l3041 Unit ,c4a City, State, Zip rJVLltS GundlachNancy From: Bruce Topol <brucemtopol@gmail.com> Sent: Friday, December 17, 2021 9:46 AM To: GundlachNancy Subject: Proposed Zoning Change next to Lely Resort EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Ms. Gundlach, My name is Bruce Topol and my wife Brenda and I have chosen to retire and live in the Verandas section of Lely Resort. We have been there almost 10 years. We write you today to ask that you advise against the proposed apartment complex next to our home by Davis development. This proposed development calls for a density 12 times that of our contiguous communities and at four stories high it would tower over our neighborhood and all of Lely. No traffic study has been done but with the likely addition of several hundred cars all entering and leaving on Celeste Boulevard the traffic congestion would overwhelm the contiguous current neighborhoods. Please understand that the people who live here have done so for almost 30 years with the knowledge that this parcel of land has been zoned commercial. Hundreds of us have bought homes or condominiums here with that knowledge. This zoning change would devastate our communities. Please support the people who live here. We are counting on you to look after our homes and neighborhoods. Sincerely, Bruce and Brenda Topol Sent from my iPhone GundlachNancy From: tom Weiss <tom.weiss21 @gmail.com> Sent: Thursday, January 13, 2022 10:29 AM To: LoCastroRick; SolisAndy; SaundersBurt; TaylorPenny; McDaniel Bill; GundlachNancy Subject: Davis Development EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. DEAR COLLIER COUNTY COMMISSIONERS. District 1: Rick LoCastro Rick.LoCastro(kcolliercountyfl.gov 239 252-8601 District 2: Andy Solis, Esq. Andy.(ae,colliercountyfl.gov 239 252-8602 District 3: Burt L Saunders Burt. Saunders(ae,colliercountyfl.gov 239 252-8603 District 4: Penny Taylor Penny.Taylor(kcolliercountyfl.gov 239 252-8604 District 5: Williams L. McDaniel, Jr. Bill.McDanielkcolliercountyfl.gov 239 252- 8605 Nancy Gundlach Planner Nancy.Gundlachkcolliercountyfl.gov The Davis Development project, on the corner of Grand Lely Drive and Collier Boulevard (7665 Collier Blvd), if built as proposed, will have a negative impact on the surrounding communities. There are many impacts of this project will have on the surrounding communities. The 2 building, each 4 story complex is not what the residents of Lely, expected when their residences were purchased. They were aware that the parcel was zoned C-3 commercial, NOT residential. The only access would be on Celeste Drive. This could cause a traffic jam on an every day basis. How would emergency vehicles enter the area and residents leave if there was a fire, or other emergency? Celeste Drive has had repeated speeders and traffic accidents even though the speed limit is 30 MPH. This proposed project would greatly increase traffic on Celeste Blvd and going through Ole and Tiger Island because of the number of residents expected and a greater number of cars would use it as a shortcut between Route 41 and Collier Blvd. The Lely Traffic Committee has already worked with the Collier Country Department of Transportation regarding 4 safety issues in Lely Resort. This project would result in additional traffic safety issues. This project should not be compared to Inspira at the opposite end of Grand Lely drive because there are no single-family homes within sight and traffic for Inspira does not pass through residential neighborhoods. This traffic exits onto Grand Lely drive. Ole will be the most impacted community as Ole residents live on both sides of Celeste Blvd and many walk across Celeste to reach the communities' Village Center. The roundabout in Ole will be over run with cars all day long as people short cut to Publix. There would be a significant impact on local schools from the potential influx of up to 184 families. The proposed structures are not visually compliant with the surrounding architecture. THIS PROJECT IS A DENSITY CONCERN, TRAFFIC AND SAFETY CONCERN, AND VISUAL NIGHTMARE!! (the 2 buildings being planned are both to be 4 stories high.) DO NOT APPROVE THIS PROJECT!!!!! For all the above reasons, I am OPPOSED to BOTH the proposed project on Celeste Dr & Grand Lely Drive and amending the existing C-3 Commercial code for this parcel. Signature THOMAS and DIANA WEISS tom.weiss2I @gmail.com Print Name Community _ALDEN WOODS Address 6665 City, State, Zip NAPLES, FL Powered by CINC Community Association Management Software Unit _101 GundlachNancy From: Adele Wilson <siehsta@aol.com> Sent: Monday, January 3, 2022 12:26 PM To: GundlachNancy Subject: Save Lely construction EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Sent from my iPhone Begin forwarded message: Dear Ms. Nancy Gundlach I am a resident of VeronaWalk in Naples, FL where Davis Development is proposing a 4 story, multi -family, densely -populated apartment complex on the small parcel bounded by Collier (951) / Grand Lely Drive and Celeste Drive PL # 20210001795. 1 am strongly opposed to the development as this type of construction is entirely out of character for this residential area. Not only is it unacceptable in terms of its aesthetics, it will bring: 1) Intolerable traffic congestion to Celeste Drive, which is a small artery intended for light traffic for existing single family homeowners. Traffic on Grand Lely and Collier Blvd. 2) Debris, delays and chaos throughout the approx. 2 year construction phase from constant trucks back and forth to the site through the single access street, Celeste. 3) Potentially unstable renters who will not have the investment we have in our neighborhoods which could bring litter, animal waste and excessive noise 4) An unsightly, tall structure which will throw this carefully and beautifully designed Lely community completely out of balance. Including communities opposite the site. 5) Potentially lower property values for the residents in Lely, many of whom are retirees who have counted on their homes to maintain a stable value. Including Verona Walk. This will be an eyesore. 6) The destruction of the quiet, peaceful, safe, small-town quality of Lely Resort which made this area so desirable to all of us and the reason we purchased here in the first place. I attended the meeting on Dec. 14th at the Naples Library lead by Linsday Robin and we were all genuinely outraged. We intend to make our voice heard at every meeting going forward. We urge you to vote down the re -zoning of this parcel and urge Davis Development to build elsewhere. Sincerely. Adele Wilson Sent from my Phone GundlachNancy From: Tom Z <tomzuk7@gmail.com> Sent: Monday, December 27, 2021 9:41 AM To: Lisa Gillingham Cc: GundlachNancy; mikedavis@davisdevelopment.com; FredHazel@davisdevelopment.com; Adrianaaleman@davisdevelopment.com; Lindsay.robin@stantec.com; HomiakKaren; VernonChristopher; KarlFry; FryerEdwin; KlucikRobert; Shea Paul; Joesephschmitt@colliergov.net; SchmittJoseph; eastmath@collierschools.com; LoCastroRick; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Re: Davis Development Project - Please reject this zoning change and development EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. The Davis Development project, on the corner of Grand Lely Drive and Collier Boulevard (7665 Collier Blvd), if built as proposed, will have a negative impact on the surrounding communities. The impact of this project will have on the surrounding communities are as follows; 1- The 2 building, 4 story complex is not what the residents of Lely expected when their residences were purchased. They were aware that the parcel was zoned C-3 commercial. NOT residential 2- The only access would be on Celeste Drive. This could cause a traffic jam in the event of an emergency. 3- Celeste Drive has had repeated speeders and traffic accidents and deaths even though the speed limit is 30 MPH. This proposed project would increase traffic on Celeste Drive because of the number of residents expected and a greater number of cars would use it as a shortcut between Route 41 and Collier Blvd. 4- The Lely Traffic Committee has already worked with the Collier Country Department of Transportation regarding 4 safety issues. This project would result in additional traffic safety issues. 5- This project should not be compared to Inspira at the opposite end of Grand Lely drive because there are no single-family homes with sight and traffic for Inspira does not pass through residential neighborhoods. This traffic exits onto Grand Lely drive 6- This project would negatively affect home values and ultimately tax revenues. 7- Ole will be the most impacted community as Ole residents live on both sides of Celeste Drive and many walk across Celeste to reach the communities' Village Center. 8- Lely has exiting water and drainage problems that have not been resolved by the developer and this project would exacerbate this problem. 9- There would be a significant impact on local schools from the influx of 184 families. 10- The application for an amendment will invalidate the rationale, decision making, and planning in designing Lely and the C-3 commercial zoning. 11- Davis development has admitted that they have not searched for other parcels in Collier County that already have the proper zoning for this type of project. 12- The proposed structures are not visually compliant with the surrounding architecture. For all the above reasons, I am OPPOSED to BOTH the proposed project on Celeste Dr & Grand Lely Drive and amending the existing C-3 Commercial code for this parcel. Tom Zukowski 8077 Players Cove Drive, Unit 201 Naples FL 34113 0 '-. ReplyReply allForward On Mon, Dec 27, 2021 at 8:44 AM Lisa Gillingham <Ilg237@gmail.com> wrote: The Davis Development project, on the corner of Grand Lely Drive and Collier Boulevard (7665 Collier Blvd), if built as proposed, will have a negative impact on the surrounding communities. The impact of this project will have on the surrounding communities are as follows; 1- The 2 building, 4 story complex is not what the residents of Lely expected when their residences were purchased. They were aware that the parcel was zoned C-3 commercial. NOT residential 2- The only access would be on Celeste Drive. This could cause a traffic jam in the event of an emergency. 3- Celeste Drive has had repeated speeders and traffic accidents and deaths even though the speed limit is 30 MPH. This proposed project would increase traffic on Celeste Drive because of the number of residents expected and a greater number of cars would use it as a shortcut between Route 41 and Collier Blvd. 4- The Lely Traffic Committee has already worked with the Collier Country Department of Transportation regarding 4 safety issues. This project would result in additional traffic safety issues. 5- This project should not be compared to Inspira at the opposite end of Grand Lely drive because there are no single-family homes with sight and traffic for Inspira does not pass through residential neighborhoods. This traffic exits onto Grand Lely drive 6- This project would negatively affect home values and ultimately tax revenues. 7- Ole will be the most impacted community as Ole residents live on both sides of Celeste Drive and many walk across Celeste to reach the communities' Village Center. 8- Lely has exiting water and drainage problems that have not been resolved by the developer and this project would exacerbate this problem. 9- There would be a significant impact on local schools from the influx of 184 families. 10- The application for an amendment will invalidate the rationale, decision making, and planning in designing Lely and the C-3 commercial zoning. 11- Davis development has admitted that they have not searched for other parcels in Collier County that already have the proper zoning for this type of project. 12- The proposed structures are not visually compliant with the surrounding architecture. For all the above reasons, I am OPPOSED to BOTH the proposed project on Celeste Dr & Grand Lely Drive and amending the existing C-3 Commercial code for this parcel. Lisa Gillingham 8077 Players Cove Drive, Unit 201 Naples FL 34113 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD of PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Stock Development, LLC Name of Applicant if different than owner: Davis Development, Inc. Address: 3330 Cumberland Blvd. SE #425 City: Atlanta - Telephone: 770-644-0075 Cell: 239-220-9776 State: GA ZIP: 30339 Fax: 770-644-0078 E-Mail Address: GSCHAUFLER@DAVISDEVELOPMENT.COM Name of Agent: Lindsay Robin, AICP & Richard Yovanovich, Esq. Firm: Stantec Consulting Services Inc. & Coleman, Yovanovich & Koester, P.A. Address: 5801 Pelican Bay Blvd. #300 City: Naples Telephone: 239-985-5502 Cell: N/A State: FL ZIP: 34108 Fax: N/A E-Mail Address: lindsay.robin@stantec.com & rovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: PUD Zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Commercial Proposed Use (or range of uses) of the property: Multi -Family Residential Original PUD Name: Lely Resort Ordinance No.: 92-15 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 24 50 26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Size of Property: 515+\_ ft. x LELY RESORT PHASE I TRACT 12 Property I.D. Number: 1073+\- ft. = 398,138 Total Sq. Ft. Acres: 9.14 Address/ General Location of Subject Property: 7665 Collier Blvd. Directly south of Grand Lely Drive, east of Celeste Dr., and west of CR 951 PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Residential ❑ Community Facilities ❑■ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD (Lely Resort) Grand Lely Drive; Commercial S PUD (Lely Resort) Celeste Drive; Residential E PUD (Verona Walk) CR 951; Residential W PUD (Lely Resort) Celeste Drive; Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/]ndex.aspx?page=774. Name of Homeowner Association: Lely Resort Golf & Country Club Mailing Address: 7989 Grand Lely Drive City: Naples Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: FL Zip: 34113 State: ZIP: City: State: ZIP: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. March 4, 2020 Page 4 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑■ Yes ❑ No if so please provide copies. 'UBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Davis Development, Inc. Address: 3330 Cumberland Blvd. SE #425 City: Atlanta Telephone:770-644-0075 Cell: 239-220-9776 State: GA ZIP: 30339 Fax: 770-644-0078 E-Mail Address: GSCHAUFLER@DAVISDEVELOPMENT.COM Address of Subject Property (If available): 7665 COLLIER BLVD City: Naples State: FL ZIP: 34113 r20PERTY INFORMATION Section/Township/Range: 3/ 5/ 26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: LELY RESORT PHASE I TRACT 12 Property I.D. Number: 55425003255 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: South County WRF d. Package Treatment Plant ❑ (GPD Capacity): 16 MGD e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Provide Name: South County Regional WTP Total Population to be Served: 184 muti-family residential units Peak and Average Daily Demands: A. Water -Peak: 178.6 GPM Average Daily: 64,400 GPD B. Sewer -Peak: 127.5 GPM Average Daily: 46,000 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: September 2023 March 4, 2020 Page 6 of 11 Project: Lely Resort PUD Amendment Sta nt Project No.: M �i ` Calculated By: Josh Josh Mueller Checked By: Patrick Noll Date: 9/9/2021 Task: Detemine the estimated wastewater flows generated for the project. Wastewater Flows Generated CALCULATIONS: F = Avrg Daily Sewer Flow G = Avrg H = Avrg A = Type of Service Connection B = # of C = Average D = Total Per Service Daily Sewer Daily Sewer I = Peak J = Peak Service Occupancy Occupancy E = Capita Connect (GPD) Flow (GPD) Flow (GPM) Hourly Hrly Flow Connect per Unit. (BxC) Flow (GPD) (CxE) (BxF) (G/24/60) Factor (GPM) (Hxl) Lely Resort Phase 1 Tract 12 (Proposed) Multi -Family Residential Units 184 2.5 460 100 250 46,000 31.9 3.99 127.5 Clubhouse (Ancillary) 0 0 0 0 0 0 0.0 0.00 0.0 Total Phase 1 46,000 1 31.9 127.5 Peak Hourly 18 + (P)"2 = 3.99 Population = 460.0 = Average Daily Flow / 100 GPD Factor = 4 + (p)1/2 where P = Population / 1,000 = 0.46 ASSUMPTIONS: C,D,E,F) Wastewater systems shall be designed to maintain adequate flows and standards as established by Florida Department of Environmental Protection (FDEP), using the equivalent residential connection (ERC) value of 250 gallons per day per residential unit (broken down to 100 gallons per day per person and 2.5 people per household) and F.A.C. 64E-6.008 for non-residential (per design criteria manual Part 2) E) Peak wastewater flows for each non-residential use below are calculated per F.A.C. 64E-6 (Table 1, Estimated Sewage Flows) 1) Peak Hourly Factor = (18+ (Population/1000)A.5)/(4+(population/1000)A.5) (from Recommended Standards for Wastewater Works , 1997) using Ten States Standards (4.0 max). - Clubhouse; no additional contributed wastewater flow generated considering it is an ancillary facility to the residential units. Lely Resort Phase 1 Tract 12: The proposed maximum of 184 multi -family residential units was utilized for wastewater calculations. CONCLUSIONS: - The wastewater peak hourly flow and average daily sewer flow were detemined to be 127.5 GPM and 46,000 GPD respectively. Sta me Project: Lely Resort PUD Amendment Project No.: 630 c Calculated By: Josh M Josh Mueller Checked By: Patrick Noll Date: 9/9/2021 Task: Determine the estimated potable water demand generated by the project using estimated wastewater flows. Total potable demand for the project CALCULATIONS: E =Avrg Daily F =Avrg Daily G =Avrg H =Max I =Peak K =Peak A =Type of Service Water Demand Water Daily Water Daily Daily J =Peak Hrly Hrly Connection B = # of C =Rooms, Per Service Demand Demand Demand Demand Demand Demand Service Seats, SQ FT, D =Capita Connect (GPD) (GPD) (GPM) (gpm) (gpm) (GPD) (GPM) Connect Units, Etc. Flow (GPD) (CxD) (BxCxD) (F/24/60) (G*1.35) (G*0.5) (FxPeak) (J/24160) Lely Resort Phase 1 Tract 12 (Proposed) Multi -Family Residential Units 184 2.5 140 350 64,400 44.7 60.4 22.4 257,122 178.E Clubhouse (Ancillary) 0 0 0 0 0 0.0 0.0 0.0 0 0.0 Total (Phase 1) 64,400 44.72 60.4 22.4 178.6 Cofer Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ■❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 0 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 0 ❑ Signed and sealed Boundary Survey 1 ❑ 0 Architectural Rendering of proposed structures 1 ❑ 0 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ❑ El Historical Survey 1 ❑ ED School Impact Analysis Application, if applicable 1 0 ❑ Electronic copy of all required documents 1 0 ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ 0 List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) 0 ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ ■ Utilities Engineering: Eric Fey ❑■ Parks and Recreation: Barry Williams (Director) 0 Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑E Other: Enviro Review by Craig Brown ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION X Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre X PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 CACT Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: X CCPC: $1,125.00 X BCC: $500.00 X School Concurrency Fee, if applicable: X Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5t' and subsequent re -submittal will be accessed at 20% of the original fee. 9/ 15/21 Signature of Petitioner or Agent Lindsay Robin, AICP Printed named of signing party Date March 4, 2020 Page 11 of 11 Coder Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: B UDA Date and Time: Tuesday 8 / 10 /21 at 10 : 30 AM Nancy Gundlach Engineering Manager (for PPUs and FP's): Project Information ProjectName: Lely Resort Tract 12 (PUDA) PL#: 20210001795 Property ID #: 55425003255 Current Zoning: PUD Blvd., Maples FL 34113 Project Address: 7 6 6 5 C o 11 i e r City: State: Zip: Applicant: Lindsay Robin- Stantec Agent Name: Lindsay Robin phone. 239-985-5502 2639 Professional Cir#101,Fort Myers, FL 33966 Agent/Firm Address: city: State: Zip: Property owner: Stock Development LLC Please provide the following, if applicable: i. Total Acreage: 9.14 ii. Proposed # of Residential Units:to olo iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 Co*ier county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountvfl.gov Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is htt s:l/www.coiliercount I. ov/Home/ShowDocument?id=75993 �Lc�irlL fit.` �i. i twzs ELC- F h.4 s c�'3 �fi�� A Fe, ,¢ t;t tk L, r k.a (,.,v a...� z' L4_4 U- 6,er is fe.k- 1 a JPPLIC4,, i If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton na les ov.com Allyson Holland AMHolland naplesclov.com Robin Singer RSin er na les ov.cvm Erica Martin emartl n(a7naviesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 2 of 5 Coffier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is httas:llwww.colliereov.net/Home/ShowDocument?id=75093. Comp Planning: PL20210001795-Lely Resort Tract 12 (PUDA). The subject site (parcel C-3) is approximately 20.02 acres and designated Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict as shown on Future Land Use Map of the Growth Management Plan. Lely is approximately 2,892 acres and is currently approved for a total 8,946 dwelling units as amended with Ordinance #15-39. The applicant stated that adding approximately 184 DUs to the subject site are included in the previously approved 8,946 DUs. Comp Planning does not anticipate any GMP consistency issues with this project but does requestthatthe applicant provide an evaluation of Future Land Use Element (FLUE) Policies 5.6 and 7.1 - 7.4. The subject site is an Urban Designation area that will accommodate many types of residential uses. Therefore, this PUD amendment should continue to be consistent with the GMP. Sue Faulkner, Comprehensive Planning Principal Planner 8/10/21 Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. d'Ar Updated 7/24/2018 Page I4—of-T- CAa ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes 7-n--nu' -- F-V- AJu . ,, ,ry V I"�L7N1T�7!�I{V{y ku Other required documentation for submittal (not listed on application): Disclaimer: information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Thomas[larkeVEN From: SawyerMichael Sent: Tuesday, August 10, 2021 10:51 AM To: ThomasClarkeVEN; GundlachNancy Subject: Pre app meeting for Lely this morning Thomas, Please provide the following pre app meeting notes: For this petition please provide a TlS Waiver fetter; (separate letter on letterhead) requesting the waiver based on no transportation impacts because Lely is a vested development and no additional residential units are proposed. Please let us know of any questions -concerns. Respectfully, Michael Sawvver Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer@colliercountvtl.gov colliercountyt].nov Michael Sanyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyerC&,,colliercountyfl gov Linder 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. ?A -GE 3./4 - l� Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Miscellaneous "Pursuant to Section 125.022(5) F.S., 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." 7c (r— 3.g- ThomasClarkeVEN From: Templeton Mark Sent: Tuesday, August 10, 2021 8:54 AM To: ThomasClarkeVEN Subject: RE: Pre-app Research for Lely Resort Tract 12 (PUDA) - PL20210001795 - virtual meeting tomorrow Tuesday 8/10/21 at 10:30 AM - via Skype or Bridge Line Morning Thomas, I won't be able to attend this meeting. Below is my comment for the pre-app notes for this one: Landscape: Label the required perimeter LSE's on the updated Master Plan Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Co per County Development Review Division Exceeding Expeclations, Every boy? (VOTE: Email Address has Changed 2800 North Horseshoe Drive, Napes Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this entail is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. From: Thom asClarkeVEN <Thomas -Cl arke@ col Iiercountyfl.gov> Sent: Monday, August 9, 20214:06 PM To: AshtonHeidi ¢Heidi.Ashton@colliercountyfl.gov>; Beard Laurie Laurie.Beard@colliercountyfl.gov>; BrownCraig <Craig.Brown@colliercountyfl.gov>; Cooklaime Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; JosephitisErin Erin.Josephitis@colliercountyfl.gov>; ❑rthRichard Richard.Orth@colliercountyfl.gov>; PollardBrandi <Brandi.Pollard@colliercountyfl.gov>; AshkarSally <Sally.Ashkar@coIliercountyfl.gov>; SawyerMichael <Michael.Sawyer@coIIiercountyfl.gov>; Templeton Mark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: GundlachNancy Nancy.Gundlach@colliercountyfl.gov>; YoungbloodAndrew <And rew.Youngblood @colliercountyfl.gov> Subject: Pre-app Research for Leiy Resort Tract 12 (PUDA) - PL20210001795 - virtual meeting tomorrow Tuesday 8/10/21 at 10:30 AM - via Skype or Bridge Line Good Afternoon All, ��Q 3.C:< Go er count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercount I. o(239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20210001795 Collier County Contact Information: Name Review Discipline Phone Email _ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown @colIiercountyfLgov Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@col liercountyfl. ov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Zoning Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov =1 Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov Jackie De la Osa North Collier Fire 252-2312 jdelaosa@northcollierfire.com I- AAaggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@coiliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@coil iercount I. ov Jeremy Frantz LDC Manager 252-2305 Jeremy,Frantz@colliercountyfl.gov LI Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov 1 Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov C rmac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundiach@colliercountyfl.gov I.__I Richard Henderlong Zoning Principal Planner 252-2464 rich ard.hen derlong@colliercoun fl. ov i ! John Houldsworth Engineering Subdivision 252-5757 John.houldsworth@colliercountyfl.gov Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov - Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov Parker Klopf Zoning Senior Planner 252-2471 Parker.klopf@colliercountyfi.gov Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com Diane Lynch Operations Analyst 252-8243 1 diane.lynch @co11iercountyfLgov Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col liereountyfl.eov L 1 Jack McKenna, P.E. r Matt McLean, R.E. ❑ Michele Mosca, AICP Annis Moxam ❑ Richard Orth ❑ Brandy Otero ^' Derek Perry ❑ Brandi Pollard Todd Rieeall _ Brett Rosenblum, P.E. LI James Sabo, AICP Michael5awyer ! Corby Schmidt, AICP Linda Simmons Peter Shawinsky Mark Templeton Connie Thomas Ll Jessica Velasco Jon Walsh, P.E. Lll Kirsten Wilkie Christine Willoughby l Daniel Zunzuneeui Co*er C rant y 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Engineering Services elopment Review Director apitai Project Planning Addressin Stormwater Planning Transit Assistant County Attorney Utility Impact fees North Collier Fire Development Review Principal Project Manager Zoning Principal Planner Transportation Planning Comprehensive Planning North Collier Fire Architectural Review Landscape Review Client Services Supervisor Client Services Buildin Review Environmental Review Manag Development Review - Zonin North Collier Fire Additional Attendee Contact Infnrmatinn- 252-2911 jack. mckenna@colliercounty 252-8279 matthew.mclean@colliercou 252-2466 michele.mosca@coiliercounl 252-5519 annis.moxam@colliercount 252-3092 richard.orth@colliercountyfl, 252-5859 bra ndy.otero@coiliercountyl 252-8066 Derek.perry@colliercountyfl. 252-6237 bra ndi.pollard@colliercounty 597-9227 triegallannrthrrnlliarfirn rnm 252-2905 brett.rosenblum@colliercou 252-2708 'ames.sabo@colliergo.net 252-2926 michael.sawyer@colliercour 252-2944 corby.schmidt@colliercount, 252-2311 Linda.Simmons@colliercoun 252-8523 peter.shawinsky@colliercour 252-2475 mark.templeton@colliercour 252-6369 Consuela.thomas@colliercou 252-2584 jessica.velasco@col lie rcount 252-2962 jonathan.walsh@colliercouni 252-5518 kirsten.wilkie@colliercountyi 252-5748 christine.willoughb @collier( 252-2310 Daniel.Zunzunegui@coilierco N) j., Alin OYA%l r��fj .v w tY or, Vvktari0?- - 5']- 0, 1-11- .A&,V i G,',-L F"o Lw:+�D Updated 1/12/202I Page 1 5 of 5 coiller C01.11ty Growth Management Department Zoning Division Applicont/Agent may also send site plans or conceptual plans for review in advance if desired. PL2O21OOO1795— Lelly Resort Tract 12 PUDA Planner- Nancy Gundlach PRE-APP INFO Assigned ❑ps Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION Name and Number of who submitted pre-app request Lindsay Robin, AICP Lindsay.Robin@5tantec.com Direct: 239-985-5502 Mobile: 239-560-5466 3800 Colonial Boulevard, Suite 100 Fort Myers FL 33966-1075 ■ Agent to list for PL# Lindsay Robin, AICP • Owner of property (all owners for all parcels) Stock Development, LLC Confirm Purpose of Pre-App: (Rezone, etc.) Propose an amendment to the PUD to allow 184 multifamily units on Parcel C-3. ■ Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): 184 MF units on 20.02 acres = 9.19 du/ac • Details about Project: The subject property is located on a C-3 Commercial tract as shown on the Master Plan. Lely Resort Planned Unit Development/Development of Regional Impact (PUD/DRI) is a 2,892+/- acre development zoned PUD pursuant to Ordinance 92-15, as amended. The current PUD permits a variety of uses including 8,946 dwelling units, 820,000 sq. ft. of commercial uses, 350 hotel rooms and educational facilities. REQUIRED Supplemental Information provided by: Name: Josh Philpott, AICP Title: Senior Planner Email: Josh.Philpott@Stantec.com Phone: 239-313-3025 Cancellation/Reschedule Requests: Contact Danny Condom ina-Cllent Services Supervisor dann .condomina colliercount fl Phone: 239-252-6866 Zoning OMsion • 2800 North Horseshoe Drive - Naples, Florida 34104.23-0252-2400 - www.col rg osr.net Coder C)UHt COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIV117UAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: 191 C. Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the oT stock ownea oy eacn: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CIL.CIILdgC UI IHMICaL. I Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 COAT Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereoy.net (239) 252-2400 FAX: (239) 252-5358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the 1--rdi dnU/Qr iimneo partners: I Name and Address I % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: f. g I Name and Address I % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or Is]I ilk-Cl7, 11 d [. 1PUrdLiUn, parinersnip, or Lrusi: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 CO&Y Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.callier>;av net (239) 252-2400 FAX: (239) 252-5358 Date of option: Date option terminates: or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee. Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package, i understand that fa0ureto include all necessary submittal information may result in the delay of processing this petition, The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Date Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 CO&T Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col liercou nty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS F REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ,;-,/ lf� ❑ Completed Application with required attachments (download aatestversivn) 1 Pre-appIication meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Add resit Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 1 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ [� Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study "V- 6! -rfs 1 ❑or Historica I Survey 1 ❑ School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)+ ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Co*r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercoun�t f.go 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x Wand One 8 %" x 11" copy ❑ M ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ 0 ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of official Interpretation and/or Zoning Verification 1 ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: ii Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards ❑ Exhibit C., Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description 0 Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.yi.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ZSchool District (Residential Components): Amy ,Lockheart ❑ 11 Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: r-Kc- Pehe yr*.t. 41"H4 a4XW City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION I i' Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre VI PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre 'Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 . Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Ca*ier C MMt COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-5358 Legal Advertising Fees: 0/CCPC: $1,125.00 / p� BCC: $500.00 i" School C ncurrency Fee, if applicable: :ilitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agentjappIicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5"h and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date March 4, 2020 Page 11 of 11 Stantec Stantec Consulting Services Inc. 5801 Pelican Bay Boulevard, Suite 300, Naples FL 34108-2709 September 16, 2021 Ms. Nancy Gundlach, AICP Collier County Development Services 2800 N. Horseshoe Drive Naples, FL 34104 Subject: Lely Resort PUD — Tract 12 Planned Unit Development Amendment (PUDA) - PL20210001795 Dear Ms. Gundlach: Enclosed for your review is an application for a Planned Unit Development Amendment to the Lely Resort Planned Unit Development (PUD), a 2,892.5+/- acre project generally located south of Rattlesnake Hammock Road, east of U.S. 41, and west of Collier Blvd. in unincorporated Collier County, Florida. The PUDA request is specific to a 9+/- acre section of the PUD, known as Lely Tract 12, located directly adjacent to Collier Blvd., and directly south of Grand Lely Drive and designated as Commercial/Neighborhood (C-3) on the PUD Master Plan. BACKGROUND/EXISTING CONDITIONS The Lely Resort PUD was established in 1992 pursuant to Ordinance 92-15, as amended. The current Ordinance 2015-39/PUD permits a variety of uses including 8,946 dwelling units, 820,000 square feet of commercial uses, 350 hotel rooms, and educational facilities. The PUD has been amended several times through the insubstantial change to a PUD process pursuant to HEX No. 2014-04, HEX No. 2016-32, HEX No. 2017-03, HEX No. 2019-30. These amendments all related to signage deviations. The most recent PUD amendment was completed in 2015 pursuant to Ordinance 2015-39. The amendment allowed a few changes, but as it relates to this request, it allowed multi -family dwellings as a permitted use in the C-3 tracts, specifically the C-3 tract located at the NW corner of Rattlesnake Hammock and Grand Lely Drive. Specifically, the amended condition allows C-3 uses and/or residential dwellings, which allows the C-3 parcel to be developed as a standalone residential development within the overall PUD. The subject parcel is surrounded by Grand Lely Drive, a public roadway, to the north; Celeste Drive, a public roadway, to the west and south; and by Collier Boulevard, a county -maintained arterial public roadway to the west. Access to the parcel is provided on Celeste Drive via an existing stub - Design with community in mind 1\us0227-ppfss0l1workgroup12156\active12156166301planninglanalysislpuda\initial submittallpuda_request_narralive.dou September 16, 2021 Page 2 of 10 out. For safety reasons, an additional point of vehicular access may be provided at the southern end of Celeste Drive. REQUEST Davis Development, Inc. ("Applicant") is requesting approval to allow C-3 and/or multi -family residential uses on a C-3 designated portion of the PUD located at the southwest corner of Grand Lely Drive and C.R. 951. The Applicant is proposing to amend Condition 21 of section 6.02 of the PUD document to add this specific C-3 tract in addition to the C-3 tract located at the NW corner of Rattlesnake Hammock and Grand Lely Drive, which permits C-3 uses and/or residential dwellings. The proposed condition reads as follows: 21) The C-3 parcel at the southwest corner of Rattlesnake Hammock Road and Grand Lely Drive and the C-3 parcel at the southwest corner of Collier Blvd. WR 951) and Grand Lely Drive may be developed allowing C-3 uses, as outlined in Section VI of Ordinance 92-15, as amended, and/or residential dwelling units. This proposed amendment is consistent with the 2015 approval, which permitted multi -family residential uses in the C-3 tract. Through this amendment process the Applicant is not seeking any other changes, deviations, reductions in required open space or native preserve, or any increase to the permitted density or intensity. The proposed multi -family development seeks to provide a maximum of 184 dwelling units, which is well below the remaining units in the PUD pursuant to the 2021 PUD Monitoring Report. EVALUATION CRITERIA/COMPLIANCE WITH LDC §10.02.13.B: The request complies with the thresholds for the PUD Master Plan's compliance with the following criteria as outlined in LDC §10.02.13.13 as follows: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed multi -family use and property development regulations are compatible with the development approved in the area. The commitments provided in the PUD provide adequate assurances that the proposed change should not adversely affect living conditions in the area. Furthermore, the project will provide the required landscape buffers and open space. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such Design with community in mind 1\us0227-ppfssOl1workgroup12156\active12156166301planninglanalysislpuda\initial submittallpuda_request_narralive.dou MJ September 16, 2021 Page 3 of 10 areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The documents submitted as part of this application demonstrate unified control of the property. Additionally, the development will be required to gain site development approval, which ensures appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. The proposed amendment is consistent with the Collier County GMP goals, objectives and policies. A further analysis of the compliance with the GMP is provided below. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed amendment will result in a project that is compatible with the surrounding area. The approved uses within the PUD are not proposed to change as part of this amendment and the previous amendment already added the multi -family use to the C-3 tract's list of permitted uses. The uses approved in the previous PUD amendments were determined to be compatible and continue to be compatible with the change proposed by this request. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve set aside for this project meets the minimum requirement of the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time. The project is seeking a waiver from the Transportation Impact Statement due to the project being vested and no additional units being requested through this amendment. The project will comply with all other applicable concurrency management regulations when development approvals are pursued. Additionally, the PUD document contains developer commitments that should help ensure there are adequate facilities available to serve this project. Design with community in mind \\us0227-ppfss01\workgroup\2156\active\215616630\planning\analysis\puda\initial submittal\puda_request_narrative.dou MJ September 16, 2021 Page 4 of 10 g. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the fact that adequate public facilities requirements will be addressed when development approvals are sought. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Through this amendment request the Applicant is not seeking any deviations. The request is limited to allowing C-3 and/or residential uses on the C-3 tract located at the SW corner of Grand Lely Drive and C.R. 951. REZONE FINDINGS/COMPLIANCE WITH LDC §10.02.08.F: The request complies with the criteria for rezone petitions as outlined in LDC §10.02.08.F as follows: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The property is within the Urban, Urban Mixed Use District, Urban Residential Subdistrict, as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). This FLU category is intended for PUDs that include both residential and commercial uses. The proposed amendment is consistent with the GMP FLUE Policy 5.4 requiring the project to be consistent with the GMP. The proposed amendment is also consistent with the following GOPs: FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code. The proposed amendment will result in a multi -family development located on a parcel primarily surrounded by roadways. The main land use in the general area is residential, and multi -family is a form of residential. The project will provide the required landscape buffers and open space, which will further enhance the projects compatibility with the surrounding area. Design with community in mind \\us0227-ppfss0l\workgroup\2156\active\215616630\planning\analysis\puda\initial submittal\puda_request_narrative.dou MJ September 16, 2021 Page 5 of 10 FLUE Objective 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of the Collier County, where applicable, and as follows: FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The proposed amendment will provide access to the site via Celeste Drive, which is a public roadway that leads to Grand Lely Drive, a major collector roadway, and to C.R. 951, a major arterial roadway. The project is part of an overall PUD that provides miles of internal connections via sidewalks and bikeable public streets. Providing a connection to C.R. 951 is not possible as the roadway is considered a controlled access road and access to this parcel is not provided direct access. Access to CR 951 is available from Grand Lely Drive. FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. The project provides direct connection to the interior road system that is part of the overall PUD. FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The proposed development will provide a housing type and price that is highly desirable in this area of the county. The project will connect to the existing sidewalk network in the PUD as well as providing internal sidewalks in compliance with the LDC. Conservation and Coastal Management Element: the proposed amendment is consistent with the CCME because there are no proposed changes to the environmental provision of the PUD. Design with community in mind \\us0227-ppfss0l\workgroup\2156\active\215616630\planning\analysis\puda\initial submittal\puda_request_narrative.dou MJ September 16, 2021 Page 6 of 10 Transportation Element: the proposed amendment is consistent with the policies of the transportation element because no amendments are proposed to the transportation requirements of the PUD. 2. The existing land use pattern. The proposed amendment is consistent with the existing land use pattern in this area. The surrounding area contains residential, roadway, and commercial uses, all of which are approved uses in the PUD. Through the use of setbacks and landscape buffers the project will be not only compatible but also complementary to the surrounding uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed PUD amendment does not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The applicant is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. There is a demand for rental housing in this area of the County. Approval of this amendment will provide the County with a variety of housing options and costs. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment will result in a project that includes restrictions through development standards that are designed to address compatibility of the project. Development of this parcel as proposed should not adversely impact living conditions in the area. Furthermore, the residential land use proposed is a Design with community in mind \\us0227-ppfss01\workgroup\2156\active\215616630\planning\analysis\puda\initial submittal\puda_request_narrative.dou MJ September 16, 2021 Page 7 of 10 less intensive land use than commercial. Commercial development creates impacts to surrounding residential that a multi -family project would not create such as delivery trucks and traffic associated i.e. very large trucks using the same roads and delivering goods during early morning or evening hours. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project. 8. Whether the proposed change will create a drainage problem. The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. If this amendment is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help ensure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning however, zoning by itself may or may not affect values, since values are driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12.Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Design with community in mind \\us0227-ppfss01\workgroup\2156\active\215616630\planning\analysis\puda\initial submittal\puda_request_narrative.dou MJ September 16, 2021 Page 8 of 10 The proposed amendment and resulting development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the Applicant is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. The Applicant believes the proposed amendment meets the intent of the PUD district and the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. As previously noted, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban -designated areas of Collier County. The Applicant believes the development standards and commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. This petition is intended to be reviewed on its own merit for compliance with the GMP and the LDC. The Applicant did not review other sites in conjunction with this petition. The proposed amendment is consistent with the GMP. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site Design with community in mind \\us0227-ppfss01\workgroup\2156\active\215616630\planning\analysis\puda\initial submittal\puda_request_narrative.dou September 16, 2021 Page 9 of 10 development plan approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. No Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. CONCLUSION: In summary, the proposed amendment will allow for the ability to provide C-3 and/or residential uses on the C-3 tract located at the southwest corner of Grand Lely Drive and C.R. 951. The PUD and the requested amendment will remain consistent with the LDC and GMP; the change meets all criteria for a PUD amendment; and the request will not impact internal or external compatibility of the project. The following items are enclosed for your review: 1. One (1) copy of the Cover Letter/Project Narrative detailing the purpose of the request; 2. One (1) copy of the completed PUDA Application; 3. One (1) copy of the Pre -Application Meeting Notes; 4. One (1) copy of the Current Master Plan; 5. One (1) copy of the Proposed Master Plan; 6. One (1) copy of the PUD document with changes crossed through & underlined; 7. One (1) copy of the Affidavit of Authorization; 8. One (1) copy of the Covenant of Unified Control; 9. One (1) copy of the Evidence of Authority; 10. One (1) copy of the approved Addressing Checklist; 11. One (1) copy of the Property Ownership Disclosure Form; and 12. One (1) copy of the School Impact Analysis. Design with community in mind 1\us0227-ppfss0l1workgroup12156\active12156166301planninglanalysislpuda\initial submittallpuda_request_narralive.dou September 16, 2021 Page 10 of 10 If you have any further questions, please do not hesitate to contact me directly at (239) 985-5502, or Iindsay.robin@stantec.com. Sincerely, STANTEC CONSULTING SERVICES INC. Li say F• Robin, MPA, AICP Urban Planner Enclosures cc: Gray Schaufler & Lance Chernow Davis Development, Inc. Richard Yovanovich, Esq., Coleman, Yovanovich & Koester, P.A. Katie LaBarr, AICP; Ray Piacente, PMP; John Scott, P.E., Stantec Consulting Services Inc. Design with community in mind 11us0227-ppfss0l1workgroup\2156\active\2156166301planninglanalysislpuda\initial submittallpuda_request_narrative.doa Cor county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD—Addressing@colliergov.net or fax to the Operations 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) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑o OTHER PUD Amendment I2EGALDDESCRIPTION of subject property or properties (copy of lengthy description may be attached) T60834, R26 LELY RESORT PHASE I TRACT 12 also see attached FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 55425003255 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 7665 COLLIER BLVD 4 LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # n/a Rev. 6/9/2017 Page 1 of 2 COlLier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: M Email Applicant Name: Lisa Colburn Phone: ❑ Fax ❑ Personally picked up Email/Fax: lisa.colburn@stantec.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 55425003255 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 7 / 2 0 / 21 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 Collier County Property Appraiser Property Summary Site 7665 Site Zone Parcel No 55425003255 Address COLLIER Site City NAPLES *Note 34113 i *Disclaimer BLVD Name / Address ISTOCK DEVELOPMENT LLC 2639 PROFESSIONAL CIR #101 Citv I NAPLES I State I FL I Zia 134119 1 Map No. Strap No. Section Township Range Acres *Estimated 51334 1 46210012151334 34 50 26 9.14 Legal I LELY RESORT PHASE I TRACT 12 Milla a Area O 245 Milla a Rates O *Calculations Sub./Condo 462100 - LELY RESORT PHASE 1 School Other Total Use Code O 10 - VACANT COMMERCIAL 5.016 6.2924 11.3084 Latest Sales History (Nn+ all Calae ara lietarl Am M [nnfirlantialitvl Date Book -Page Amount 04/22/02 3022-2088 $ 20,000,000 06/00/87 1278-1475 4t 0 2020 Certified Tax Roll (Subiect to Change) Land Value $ 3,185,104 +� Improved Value $ 0 (_) Market Value $ 3,185,104 (_) Assessed Value $ 3,185,104 (_) School Taxable Value $ 3,185,104 (_) Taxable Value $ 3,185,104 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site 7665 Site Zone Parcel No 55425003255 Address COLLIER Site City NAPLES *Note 34113 *Disclaimer BLVD Open GIS in a New Window with More Features. AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210001795 1. Lance Chernow (print name), as General Counsel and Corporate Secretary (title, If applicable) of Davis Development Inc. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant contract purchaser=and that: 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; 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; 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 The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. Well authorize Stantec Consulting Services, Inc. & Coleman,yovanovlch & Koester, 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 clare that I have read the foregoing Affidavit of Authorization and that the facts stated in it arelme. 1W2,1 1 1 Date STATE OF� 4�ISA4,4*4 COUNTY OF-GeWER ffQV y The foregoing instrument was acknowleged before me by means of [35hysical presence or []online notarization this day of 20L, by (printed name of owner or qualifier) ,(otter A, 4kaA l4 u% Such person(s) Notary Public must check applicable box: -Are personally known to me ,',q%%I����,,. %MARTjN y ❑ Has produced a current drivers license �~P.•�,�Y�•I. ��. ❑ Has produced as identification. [0}4.� �Q �• Notary Signature: • W • ��• C3: ,.no ip ,' % CP\08-COA-00115\155 REV 3/4/2020 Col*eer County Growth Management Department Zoning Services Section July 23, 2021 Mr. Gary Schaufler Davis Development 403 Corporate Center Dr., Suite 201 Stockbridge, GA. 30281 ZLTR-PL20210001505: Zoning Verification Letter for a vacant parcel Folio #55425003255, aka Lely Resort Phase I Tract 12, Naples, FL., located in Section 34, Township 50, Range 26 of unincorporated Collier County, Florida. Folio #55425003255 is comprised of f9.14 acres. Mr. Schaufler, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about July 7, 2021. The applicant has requested verification of the questions listed below in bold print which are followed by staff s responses. Documentation supporting staff s responses follows this letter. Zoning: The current official zoning atlas, an element of the Collier Land Development Cost (LDC), Ordinance 04- 41, as amended, shows that the subject property is in the Lely Resort Planned Unit Development (PUD). Question: 1. What entity is the zoning authority having jurisdiction over the subject parcel? The Collier County Government is the authoritative entity over the subject parcel. 2. What is the current zoning of the subject parcel? The parcel is a part of Lely, A Resort Community Planned Unit Development PUD. 3. Are there any pending rezoning applications, hearings, cases, appeals or other proceedings which would affect the zoning classification of the subject parcel? An application has been submitted (PL20210001795) for the subject parcel requesting a change in the existing PUD to allow for residential uses on C-3 Track 12 which includes the subject parcel. Ord. 15-39 which amended Ord. 92-15, as amended, contains a similar permitted use change "to allow C-3 uses and all types of residential dwelling units as mixed use or stand alone for the C-3 parcel at the corner of Rattlesnake -Hammock Road and Grand Lely Drive" Ord. 15-39 §6.02.21 contains the amended language. 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 Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov Zoning Verification Letter ZLTR-PL20210001505 Page 2 of 2 subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.0l.A and 10.02.02.F.1 of that Code. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Kathleen VanSickle with the GMD Records Section at (239)252-2536. The LDC may be viewed online at / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court's website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information, please do not hesitate to call me at (239) 252-1032. Researched and prepared by: Eric Ortman, Senior Planner Zoning Services Section Reviewed by: Raymond Bellows, Zoning Manager Zoning Services Section Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov Collier County Property Appraiser Property Summary Site 7665 Site Zone Parcel No 55425003255 Address COLLIER Site City NAPLES *Note 34113 *Disclaimer JBLVD Name / Address STOCK DEVELOPMENT LLC 2639 PROFESSIONAL CIR #101 City NAPLES I State I FL I Zip 34119 Map No. Strap No. Section Township Range Acres *Estimated 51334 1 4621001215B34 34 50 26 9.14 Legal I LELY RESORT PHASE I TRACT 12 Millage Area O 245 Millage Rates o *Calculations Sub./Condo 462100 - LELY RESORT PHASE 1 School Other Total Use Code ■ 10 - VACANT COMMERCIAL 5.016 6.2924 11.3084 Latest Sales History lNnt all Salac ara lictarl Am to Cnnfirlantialitvl Date Book-Paa Amount 04/22/02 3022-2088 $ 20,000,000 06/00/87 1278-1475 it 0 2020 Certified Tax Roll (Subject to Change) Land Value $ 3,185,104 +� Improved Value $ 0 (_) Market Value $ 3,185,104 (_) Assessed Value $ 3,185,104 (_) School Taxable Value $ 3,185,104 (_) Taxable Value $ 3,185,104 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site 1 7665 Site Zone Parcel No 55425003255 Address COLLIER Site City NAPLES *Note 34113 *Disclaimer IBLVD Open GIS in a New Window with More Features. Zoning Map for Vacant Parcel Folio #55425003255 (Blue arrow points to subject parcel.) Players COve DR Grand Lely DR---, 5Q Rr 6 y��7 FLU. UR �rT�T _tiSy OR SV, DR 71Dflip, o i ;C L 4 ORDINANCE NO. 1S- 39 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 92-15, AS AMENDED, WHICH RE-ESTABLISHED LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY REDUCING THE MAXIMUM NUMBER OF DWELLING UNITS FROM 10,150 TO 8,946; BY AMENDING SECTION 2.06 ENTITLED "PROJECT DENSITY" AND SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF DWELLING UNITS"; BY AMENDING THE MARKET ABSORPTION SCHEDULE; BY AMENDING SECTION 3.02 ENTITLED "MAXIMUM DWELLING UNITS"; BY AMENDING SECTION V, C-2 COMMERCIALIPROFESSIONAL TO PROVIDE THAT THE SQUARE FOOTAGE LIMITATION DOES NOT APPLY TO RESIDENTIAL DWELLING UNITS PERMITTED AS PART OF A MIXED USE PROJECT; AND BY AMENDING SECTION VI, C-3 COMMERCIAL/NEIGHBORHOOD TO ALLOW C-3 USES AND ALL TYPES OF RESIDENTIAL DWELLING UNITS AS MIXED USE OR STAND ALONE FOR THE C-3 PARCEL AT THE CORNER OF RATTLESNAKE -HAMMOCK ROAD AND GRAND LELY DRIVE; BY ADDING SECTION XV, DEVIATIONS, FROM THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS AND THE SIZE OF SIGNS; AMENDING EXHIBIT H, THE PUD MASTER PLAN TO MOVE A C-3 PARCEL TO THE EAST OF GRAND LELY DRIVE AND ADJUST ACREAGES TO DECREASE RESIDENTIAL USES AND INCREASE COMMERCIAL USES BY 61: ACRES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTS OF 2,892 ACRES LOCATED BETWEEN U.S. 41 AND RATTLESNAKE -HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDA-PL20140002040] WHEREAS, on March 10, 1992, the Board of County Commissioners (Board) approved Ordinance No. 92-15 which established the Lely, A Resort Community Planned Unit Development (PUD); and WHEREAS, on November 13, 2007, the Board approved Ordinance No. 07-72 which amended the PUD; and [ 14-CPS-0139211188398111 108 —rev. 6/18/15 Page 1 of 4 Le[y Resort—PUDA-PL20140002040 Words ugh are deleted; words underlined are added. Cq WHEREAS, Alexis Crespo, AICP of Waldrop Engineering and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Stock Development, LLC, petitioned the Board of County Commissioners of Collier County, Florida to further amend Ordinance No. 92-15, as amended, the Lely, A Resort Community Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to Index. The Index to Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended to add the following: SECTION XV Deviations from the LDC. 15-1__japplicable to entire PUD unless otherwise noted SECTION TWO. Amendment to List of Exhibits and Tables. See Exhibit A, attached hereto and incorporated herein. SECTION TWO: Amendments to Project Density. Section 2.06 entitled "Project Density" of Ordinance No. 92-15, as amended (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: See Exhibit B, attached hereto and incorporated herein. SECTION THREE: Amendments to Permitted Variations of Dwelling Units. Section 2.07 entitled Permitted Variations of Dwelling Units" of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended to read as follows: See Exhibit B, attached hereto and incorporated herein. SECTION FOUR: Amendment to Estimated Market Absorption Schedule. The estimated Market Absorption Schedule, Table 1, of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: 114-CPS-0139211188398111 108 —rev. 6/18/15 Page 2 of 4 Lely Resort —PUDA-PL20140002040 Words are deleted; words underlined are added. c� See Exhibit C, attached hereto and incorporated herein. SECTION FIVE: Amendment to Maximum Dwelling Units. Section 3.02 entitled "Maximum Dwelling Units" of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: 3.02 Maximum Dwelling Units. A maximum number of 10,150 8,946 dwelling units may be constructed on lands designated as "R" except as permitted by Section 2.07 or "C-2" or "C-3" where expressly permitted. SECTION SIX,: Amendments to Section V, C-2 Commercial/Professional. Section V, C-2 Commercial/Professional of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby amended to read as follows: See Exhibit D, attached hereto and incorporated herein. SECTION SEVEN: Amendments to Section VI, C-3 Commerciat/Neighborhood. Section VI, C-3 Commercial/Neighborhood of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby amended to read as follows: See Exhibit E, attached hereto and incorporated herein. SECTION EIGHT: Amendments to Section XIV, General Developer Commitments. Section XIV, General Developer Commitments of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby amended to add the following: C. Transportation 1 Prior to SDP approval Qfim r v m frontage on US 4.1, the owner shall post a performance guarantee such as a bond or letter of credit in the amount of $50,000 in order to secure owner's_air share of transportation improvements to Triangle Boulevard including but not limited to. turn lane& median modifications and/or a traffic circle along Triangle Boulevard. The performance guarantee shall be released by County upon execution of a developer's contribution agreement by owner or upon creation of a commercial municipal service taxing district and/or benefit unit by County. Tshall b determined at time of _ exeQution of the developer's contribution agreement or ca_lcuIated in accordance with the_lxing- istrict. [I 4-CPS-0 1392/1I88398/1) 108 — rev. 6/18115 Page 3 of 4 Lely Resort —PUDA-PL20140002040 Words sa%ek thFeuo are deleted; words underlined are added. SECTION NINE: Amendments to Add Section XV, Deviations from LDC. Section XV, Deviations from LDC of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby added to read as follows: See Exhibit F, attached hereto and incorporated herein. SECTION TEN: Amendment to Master Plan. Exhibit H, "Master Land Use Plan" of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: See Exhibit H, attached hereto and incorporated herein. SECTION ELEVEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this q� day of —It) 1,1 _—, 2015. ner�� ATTE&P D.l],LT,ryS1� C LERK �s?�'.. r .q Attest es Signature QI��. i Managing Assistant County Attorney Attachment: Exhibit A — List of Exhibits and Tables BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, Chairman Exhibit B -- Section I1, Sections 2.06 and 2.07 Exhibit C — Estimated Market Absorption Schedule Exhibit D — Section V, C-2 Commercia"rofessional Exhibit E — Section VI, C-3 Commercial/Neighborhood Exhibit F — Section XV — Deviations from LDC Exhibit H to Ord. 92-15, as amended — Revised Master P1anThis ordinance filed with the Exhibit I to Ord. 92-15, as amended - Buffer Exhibit tart of fate`s Off1Ge the day of ul �o ! and cscknowledgement f that f i l ing rouived th-0 day Of zw U Z9 [14-CPS-01392/1188398/11108—rev.6/18/15 Page 4of4 8Y oar Lely Resort—PUDA-PL20140002040 Words ugh are deleted; words underlined are added. LIST OF EXHIBITS AND TABLES EXHIBIT H Ke j5 Master Land Use Plan {Prepared by Wilson,Miller-, BeFten A Peek hie File Ne D 7 198Waldron En in�i?,. P,A.) TABLE I Estimated Market Absorption Schedule TABLE II A Development Standards `R' Residential Areas TABLE 11 B Development Standards `R' Residential Areas EXHIBIT A ii Lely Resort PUDA-PL20140002040 Words are deleted; Last Revised: June 12, 2015 Words underlined are added SECTION II PROJECT DEVELOPMENT 2.06 PROJECT DENSITY The total acreage of the Lely Resort property is approximately 2892.5 acres. The maximum number of dwelling units to be built on the total acreage is 10,15 L24-6. The number of dwelling units per gross acre is approximately 3.1-5. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLING UNITS A11 properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.05, provided that the total number of dwelling units shall not exceed 10, 159 & . The Development Services Director shall be notified of such an increase and the resulting reduction in the corresponding residential land use or other categories so that the total number of dwelling units shall not exceed 10,15 $& . Approximately 1850 single family units and &-MG 2M multi -family units have been planned. Variations from these numbers without an adjustment to the maximum number of units within the project shall be permitted provided that the maximum number of dwelling units by type shall not vary by more than twenty (20) percent. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. The project may exceed the variation of twenty (20) percent of the unit types set forth in this section provided that for every single family unit permitted in excess of 2220, the maximum number of dwelling units shall be reduced by 1.667 units. EXHIBIT B 2-1 Lely Resort PUDA-PL20140002040 Words s#-fuek througli are deleted; Last Revised: June 12, 2015 Words underlined are added C� J i J, vVV UL Vl AI.VLLI 1yV11 i 111G[ l,[a l JJJ4.. III M 11101 L-il l EXHIBIT C 2-9 1E RC HOTEL RMS CC SEATING *350 Rooms 1850 350 Rooms 315,000 S.F. 1850 Lely Resort PUDA-PL20140002040 Last Revised: June 12, 2015 Words 94iiek through are deleted; Words underlined are added ,; R SECTION V C-2 COMMERCIALIPROFESSIONAL 5.01 PURPOSE The purpose of this sSection is to set forth the regulations for the areas designated on Rey' Exhibit `H', Master Land Use Plan IZ-M, as `C-2'. The C-2 tract is intended to provide for the professional, office, and business related needs of area residents, supplementing the retail nature of the adjacent C-1 tract. 5.02 PERMITTE❑ USES AND STRUCTURE No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Princil2al Uses and Structures: 1) Business and professional offices; banks; financial institutions. 2) Churches and other places of worship; civic and cultural facilities; educational facilities. 3) Funeral homes. 4) I3omes for the aged; hospitals; hospices and sanitariums, hotels and motels. 5) Medical laboratories; medical clinics; medical offices; mortgage brokers; museums. 6) Parking garages and lots; private clubs. 7) Real estate offices; research design and development activities; restaurants; rest homes; convalescent centers; and nursing homes. 8) Laboratories, provided that: No odor, noise, etc., detectable to normal senses from off the premises are generated; All work is done within enclosed structures; and No product is manufactures or sold, except incidental to development activities. 9) Transportation, communication and utility offices -- not including storage or equipment. 10) Water management facilities and essential services. 1 1) The C-2 parcel fronting U.S. 41 may be developed allowing C-2 and/or C-3 uses, as outlined in Section V and Section VI of Ordinance 92-I5, as amended, and up to 175 residential dwelling units to provide for a mixed -use project. 5-1 EXHIBIT D Lely Resort PUDA-PL20140002040 Words sib are deleted; Last Revised: June 12, 2015 Words mttdrlined are added O Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals at Hearing Fxaminer determines to be compatible in the district. B. Permitted Accessory Uses and Structures: 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. 5.03 DEVELOPMENT STANDARDS: I ) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements for parcel boundaries: Thirty (30) feet 4) Maximum Height of Structures: Fifty (50) feet above the finished grade of the site, plus ten (10) feet for under building parking. 5) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on ground floor. 5) Minimum Distance Between Principal Structures: 30' or '/s the sum of the building heights, whichever is greater. 7) Minimum standards for signs, parking, lighting, and landscaping shall conform with applicable Collier County Regulations in effect at the time permits are sought-, gLgLW urovr,�eVlsi in Section XY of the PUD. 8) The area of the C-2 and C-3 uses referenced in Paragraph 5.02 A.11) above shall be limited to a maximum of 100,000 square feet in the aggregate. yto tht 175 rosidrmtial dwelliatz-mts yermiUed as part of a -mixed use project. I { J _ __F E _ ■ =KIN { ■ - ■ { { ■ t I ■J.-ra 1I go -Al i! �, ■' it ■ ■ 1 IF1 ■ 4-0)-9-) Any restaurant uses permitted by or associated with any use permitted by either the C-2 and C-3 land use designations of this Ordinance, only if those uses are located on the C-2 parcel fronting U.S. 41, shall be subject to the following additional regulations: a) No televisions shall be permitted in outdoor seating areas. b) No amplified sounds, including music, shall be permitted in outdoor seating areas after 10:00 P.m. Lely Resort PUDA-PL20140002040 5_2 Words are deleted; Last Revised: June 12, 2015 Words are added c�Q c) No live entertainment shall be permitted in outdoor seating areas after 10:00 p.m. d) All windows and doors shall be closed after 10:00 p.m. 44}jjM The I75 residential dwelling units and C-3 uses referenced in paragraph 5.02 A. i 13 above shall be subject to the C-2, Commercial/Professional development standards set forth in this PPea-gfaph 4laf� Section 5.03). i111 '! ■_ 1■■ it 1 ■1 1 '1 ■ .11 � �' ■1"� ■ 1 F i" ■. ■� 1 � i 1' <1 a I 1 1 �' "■ 1 ■.lei - ■ 1 1. .U.I IMMIX1 .i■ — Lely Resort PUDA-PL20140002040 Last Revised: June 12, 2015 Words stmeh thFeugk are deleted; Words underlined are added SECTION VI C-3 COMMERCIAL/NEIGHBORHOOD 6.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on 11eyj SQd Exh ibit `H', Master Land Use Plan RZ ! 98, as `C-3'. The C-3 tract -is are intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionary and candy stores. 4) Delicatessen, drug stores; dry cleaning shops; dry goods stores and department stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops. 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospitals and hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. 10) Jewelry stores. 1 I ) Laundries — self service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; music stores. 13) Office (retail or professional); office supply stores. 14) Paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. EXHIBIT E 6-1 Lely Resort PUDA-PL20140002040 Last Revised: June 12, 2015 Words are deleted; Words underlined are added �r 15) Radio and television sales and service; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationary stares; supermarkets and sanitoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. NT Loire �1-1 . 1 � a �- 1 �■ 1 l 2-I--)2Q Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zgpj g_ Annea� Hei gyring Examiner determines to be compatible with the district. B) Permitted Accesso Uses and Structures: 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. 6.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty five (25) feet Abutting residential areas: Thirty &2 (35) feet in which an appropriately designed and landscaped buffer shall be provided, as determined under Section 2.14. 4) Distance between principal structures: None, or a minimum five (5) feet with unobstructed passage from front yard to rear yard. 5) Maximum Height of Structure: Fifty (50) feet above the finished grade of the site. 6) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. RIP) Lely Resort PUDA-PL20140002040 Words stmelc through are deleted; Last Revised: June 12, 2015 Words uadmlined are added '. r 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought,pr as a we deyiatiozip n V of -the PUD. RE ■ell l!■ , �... ,1• <F� � Lely Resort PUDA-PL20140002040 Words strasl�hmugh are deleted; Last Revised: June 12, 2015 Words underlined are added 6-3 UFM - 583 Devi 2• D vi tin - gr9n 5.06.,Q2 B 6 b which Hermits two f2� ergund or wall suns per entrancQ IQ the d v l nt)yith_a combinedgign area of-64.ugareallow- 2 signs at the entrance residgmtial projectsi in the F D witb a cDmbined sigaMa pgrsign, and not to exceed the height-w length oche wall upaa.�yhich it�5_ locate] is deviation applies to the entire P D a ! = a 1. ■ ■ !.. a ■ _ !! . ! ! �� o . . a a !1 1 411ML allow a maximum sign h Deviali on ILDeviation _y_Qm LDC Sgction 5.06.02,E 12 „ which permits a maximum of 1 wall sign. Rursuant to LDC_requirements for suns wilbin non-residential distrids, d a maximum o_ f two f2� grQund signswith a height of 8 feetand sign ea Qf n e thanf&et per sign at the main entranec_to_ internal re idel ntial community- amenity facilities. to a_flow for a max__imum of one W gmund or wall sign foreach individual amenity within the Pl=r's Club at Lely R addition in amenity entrance signs,t to excQed a height of t n f i r-Qpy am of f i. The is i n appfics-s-plely tQ the Players1 1 Re(Parcel N o 42 and is limited to a total of six (6) wnenity sile sign& D vi i n Deviation c i B 4.b. -which vermils wic boundary marker sign at each i en 1 e t r comer with imum i r f allow for one boundgamarker sin with a maximum sign face ar o of 32 square feet at caph propert r o-Lik-C-3 tract thw f RattltmaLe Hammock R 1 This deviation apRIjes solely tQ the 20-acrer nated as ` Revised xhi it `H' Master Land Use Plan, and located athe Southwest comer f 1 nak Road r Drive {Parcel No. 53570100063. 53570100241, and 535701002251. Deviation -6jDeviation fr¢mLDDC_ Section 5.06.04, F. 1. which permits an additional vole or_pround sign for els havinLfr_Qptage of 150 ft. or more on a Public_ street, or combined public street frontage of 220 lineal feel, whcre there i5 q minimum of a 1,000 feet separation between such -Signs, tQ all-mfor a maximum two 2 i nDu the - -2 tract thatfronts on U. . 11. one of whi -h may be located on the M.61 EXHIBIT F 15-1 Lely Resort PUDA-PL20140002040 Words are deleted; Last Revised: June 12, 2015 Words underlined are added C;� �. R I db $J $ S. / M .l ;Ma.1 ! �1 ■ S �� _ -11.!!1 East and TrianilIQ Blvd, (P=el No, 55425001008� � it . _! � .i - � � . • � � -. r rll. 1 Ir f r rr Lely Resort PUDA-PL20140002040 Words strciele 4hr-augh are deleted; Last Revised; .Tune 12, 2015 Words underlined are added 15-2 CDC LEGEND SYMe _ lTEM ACRES I R RESIOENTIAL .-- *-- 1165.0 Cr1 COY MES CPAL /C OMMON PT w.�w ■ 3810 CY C OM M ER C IAL JP ROF E S SIONAL IK�w r 16.0 C 3 COMMERCIAL /N El G H BORHOOO 36.0 EC EOISON COLLEGE 44.0 ACC. CULTURAL CENTER 46.5 fk1 . RESORT CENTER 44-0 ILOC. GOLF COURSE 49S-0 CONSERVATION/OPEN SPACE 233.0 lv CYPRESS PRESERVE 171.5 ■6 PARK/SCHOOL 21.5 LACE 40S.S MAJOR COLLECTOR 7015 MINOR COLLECTOR 64.0 A� LOCAL ROAD 2G.S Liw� ACREAGE xxx,% 951 R.O.W. RESERVE 9.0 TOTAL ACREAGE AREA 2992.0 TOTAL ONFTS &90 TOTAL COMMERCIAL $O. F7. 1.135X00 EXHIB1T H Lely Resort PUDA-PL20140002040 Words 94uek through are deleted; Last Revised: June 12, 2015 Words underlined are added � @ / all |� ( j � 2. - � �c 7 2 f� , r \ § EXHIBIT | FLQRTDA DEPARTMENT 0 STATE i SCOTT wernor July 9, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34141-3444 Attention: Ms. Martha S. Vergara, BMR Senior Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-39, which was filed in this office on July 9, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building . 500 South Bronough Street ■ Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 ■ Facsimile: (850) 488-9879 www.dos.state.fl.us Coiner County} COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Lely Phase I Tract 12 7665 Collier Blvd., Naples, FL 34108 (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Amendmentto planned unit development ( Lely Resort PUD) zoning. We hereby designate Davis Development Inc. , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all ter conditions and safeguards of the planned unit development. Owner Owner John Ferry, Stock Development ,LLC Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of E15hysical presence oroonline notarization this day of ,J�L•f 20J by (printed name of owner or qualifier) John Ferry, Stock Development ,LLC Such person(s) Notary Public must check applicable box: re personally known to me OHas produced a current drivers license t!Yo STACEYLYNNANDERSON Has produced as identification. =� p * MY COMMISSION # HH 155125 Q�- EXPIRES: November 18, 2025 Notary Signature: �- -�. _- `- r,�-� O`.`O' �11uuNota�yrub�CUnde�writera March 4, 2020 Page 8 of 11 LEGEND SYMe _ lTEM ACRES I R RESIOENTIAL .-- *-- 1165.0 Cr1 COY MES CPAL /C OMMON PT w.�w ■ 3810 CY C OM M ER C IAL JP ROF E S SIONAL IK�w r 16.0 C 3 COMMERCIAL /N El G H BORHOOO 36.0 EC EOISON COLLEGE 44.0 ACC. CULTURAL CENTER 46.5 fk1 . RESORT CENTER 44-0 ILOC. GOLF COURSE 49S-0 CONSERVATION/OPEN SPACE 233.0 lv CYPRESS PRESERVE 171.5 ■6 PARK/SCHOOL 21.5 LACE 40S.S MAJOR COLLECTOR 7015 MINOR COLLECTOR 64.0 A� LOCAL ROAD 2G.S Liw� ACREAGE xxx,% 951 R.O.W. RESERVE 9.0 TOTAL ACREAGE AREA 2992.0 TOTAL ONFTS &90 TOTAL COMMERCIAL $O. F7. 1.135X00 EXHIB1T H Lely Resort PUDA-PL20140002040 Words 94uek through are deleted; Last Revised: June 12, 2015 Words underlined are added 9/9/21, 11:50 AM Detail by Entity Name DIVISION OF CORPORATIONS - f - - - — 41's rdr a rrul rttfN ,f l7r,reda sveh we Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company STOCK DEVELOPMENT, LLC Filing Information Document Number L01000011007 FEI/EIN Number 59-3740488 Date Filed 07/09/2001 State FL Status ACTIVE Last Event LC STMNT OF AUTHORITY 21 Event Date Filed 11/21/2017 Event Effective Date NONE Principal Address 2639 PROFESSIONAL CIRCLE SUITE 101 NAPLES, FL 34119 Changed: 01/15/2016 Mailing Address 2639 PROFESSIONAL CIRCLE SUITE 101 NAPLES, FL 34119 Changed: 01/15/2016 Registered Agent Name & Address GOODLETTE COLEMAN JOHNSON YOVANOVICH ET AL 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FL 34103 Name Changed: 01/15/2008 Address Changed: 04/19/2006 Authorized Persons) Detail Name & Address Title MGR search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=STOCKDEVELO... 1 /3 9/9/21, 11:50 AM Detail by Entity Name STOCK, BRIAN K 2639 PROFESSIONAL CIRCLE, SUITE 101 NAPLES, FL 34119 Ferry, John 2639 PROFESSIONAL CIRCLE SUITE 101 NAPLES, FL 34119 Annual Reports Report Year Filed Date 2019 03/15/2019 2020 06/09/2020 2021 04/09/2021 Document Images 04/09/2021 --ANNUAL REPORT View image in PDF format 06/09/2020 -- ANNUAL REPORT View image in PDF format 06/27/2019 -- AMENDED ANNUAL REPORT View image in PDF format 03/15/2019 --ANNUAL REPORT View image in PDF format 02/20/2018 -- ANNUAL REPORT View image in PDF format 11/21/2017 -- AMENDED ANNUAL REPORT View image in PDF format 11/21/2017 -- CORLCAUTH View image in PDF format 02/21/2017 -- ANNUAL REPORT View image in PDF format 01/15/2016 --ANNUAL REPORT View image in PDF format 11/25/2015 -- CORLCAUTH View image in PDF format 02/27/2015 -- ANNUAL REPORT View image in PDF format 04/30/2014 -- ANNUAL REPORT View image in PDF format 04/25/2013 -- ANNUAL REPORT View image in PDF format 01/13/2012 --ANNUAL REPORT View image in PDF format 04/12/2011 --ANNUAL REPORT View image in PDF format 04/20/2010 --ANNUAL REPORT View image in PDF format 04/23/2009 -- ANNUAL REPORT View image in PDF format 04/30/2008 -- ANNUAL REPORT View image in PDF format 01/15/2008 --ANNUAL REPORT View image in PDF format 04/30/2007 -- ANNUAL REPORT View image in PDF format 04/19/2006 -- ANNUAL REPORT View image in PDF format 04/29/2005 -- ANNUAL REPORT View image in PDF format 10/26/2004 -- Amended and Restated Articles View image in PDF format 04/30/2004 -- ANNUAL REPORT View image in PDF format 04/21/2003 -- ANNUAL REPORT View image in PDF format 12/19/2002 -- ANNUAL REPORT View image in PDF format 04/22/2002 -- ANNUAL REPORT View image in PDF format 07/09/2001 -- Florida Limited Liabilites View image in PDF format search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=STOCKDEVELO... 2/3 9/9/21, 11:50 AM Detail by Entity Name Florida Department of State, Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=STOCKDEVELO... 3/3 strict School �V*Collier Cou��� Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [�] type of application request (one only): QSchool Capacity Review ❑ Exemption Letter OConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: Leiy Resort Tract 12 Project Information: Municipality: Collier county Parcel ID#: (attach separate sheet for multiple parcels): 55425003255 Location/Address of subject property: 7665 Collier Blvd. Closest Major Intersection: SW Corner of Grand Lely Drive and C.R 951 II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Stock Development LLc Agent/Contact Person: Lindsay Robin, AICP (Attach location map) (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 5801 Pelican Bay Blvd. #300, Naples FL 34108 Telephone#: 239-985-5502 Fax: n/a Email lindsay.robin@stantec.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. Y.-P 9/15/2021 Owner or Authorized Agent Signature III. Development Information Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation 0rban, Urban Mixed Use Distri Urban Residential Subdistrict t,Proposed Land Use Designation: Same Current Zoning: PUD Proposed Zoning: PUD Project Acreage: Unit Type: Multi Family SF IMF MH C G Total Units Currently Allowed by Type: 7,096 Total Units Proposed by Type: 184 Is this a phased project: Yes o No If yes, please complete page 2 of this application. Date/time stamp: (3 Sta ntec September 15, 2021 Mr. Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 S. Horseshoe Dr. #103 Naples, FL 34104 RE: Lely Resort PUDA (PL20210001795) TIS Waiver Request Dear Mr. Sawyer, Please accept this letter as a request for a waiver from providing a Traffic Impact Statement (TIS) with the Lely Resort PUDA application submittal, PL20210001795. The Lely Resort PUD is a vested development, and no other residential units are proposed; therefore, the proposed amendment to allow residential uses on the C-3 tract will have no transportation impacts. We greatly appreciate your consideration of this request. Sincerely, STANTEC CONSULTING SERVICES INC. (indsayy F. Robin, AICP Urban Planner Enclosures: Gray Schaufler & Lance Chernow, Davis Development, Inc. Richard Yovanovich, Esq., Coleman, Yovanovich & Koester, P.A. Katie LaBarr, AICP & John Scott, P.E., Stantec Consulting Services, Inc. Design with community in mind 1\us0227-ppfss0l1workgroup12156\active12156166301planninglanalysislpuda\initial submittalltis waiver.docx This instrument was prepared without review or opinion of title by John M. Passidotno Chaffy Parssidotno Wilson dt Johnson. LLP 821 Fifth Avenue South Naples, Florida 34102 (%1)261-9300 2969115 OR: 3022 PG: 2088 UCOVIO is O11ICI11b "Coss of C0UI11 0001fl, Ili 04/22/2002 at O7:31U HIM 1. IIOCI, CUK C011 20111111.11 Ut ns 11.51 10C-.10 141111.11 Iats: GOO/Wen COUM 17 U 4001 TUIUI TUIL 10M 1I00 Ul611 IL 31103 _. 'Al WARRANTY DEED THIS WARRANTY DEED, made the _j_ day of A,P I L , 2002, by Commercial 4 Properties Southwest, Inc. a Florida corporation, Commercial Properties Southwest, Inc., a Florida corporation. as succes orpora squ* merger to Resort Development of Collier County, Inc., a Florida corporation, Lely Development Corporati,o, hj Texas corporation, and Associated Real Estate Southwest, Inc., a Florida corporation, whose post office address is 8823 Tamiami Trail East, Naples, Florida 34113. (singularly or collectively "Grantor"), to Stock Dev lopment, LLC, a Florida limited liability company, whose post office address is 8946 Mustang Island C"i e' Naples, Florida 34113 (singularly or collectively "Grantee"): (Wherever used herein, the tc "Ojrantor" and "Grantee" include all parties to this instrument and the heirs, legal representat`tvsn(i assigns of individuals, and the successors and assigns of corporations) WI TNESSETH: That the Grantor: other valuable considerations, receipt of which remises, releases, conveys and confirms unto Florida, viz: The real property more particularly described "D." Exhibit "E." Exhibit "F," Exhibit "G," I Exhibits are incorporated herein by reference. TOGETHER with all the tenements, anywise appertaining. iideration of the sum of Ten Dollars (S 10.00) and know!edged, hereby grants, bargains, sells, aliens, all that certain land situated in Collier County, "A," Exhibit "B," Exhibit "C." Exhibit ' and Exhibit "I" attached hereto, which TO HAVE AND TO HOLD, the same in fee simple forever. thereto belonging or in AND, the Grantor hereby covenants with said Grantee that the Grant6rii 14,Wfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell, ccar> vey said land, that the Grantor hereby fully warrants the title to said land and will defend the same a i ttielawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes fr the current and subsequent years, zoning and use restrictions imposed by governmental authority, iestrictiot and easements common to the subdivision, outstanding oil, gas and mineral interests of record, if any, and those items set forth on attached Exhibit "A -I." which is incorporated herein by reference. As to`Grantor Commercial Properties Southwest. Inc., the conveyance, covenants. and warranties stated herein are limited to and shall only apply to the real property described in attached Exhibit "A." Exhibit "C." and Exhibit "D." As to Grantor Lely Development Corporation. the conveyance. covenants, and warranties stated herein are limited to and shall only apply to the real property described in attached Exhibit "B" and Exhibit "H." As to Grantor Associated Real Estate Southwest, Inc., the conveyance, covenants, and warranties stated herein are limited to and shall only apply to the real property described in attached Exhibit "D," Exhibit "E." Exhibit "F." Exhibit ' G." Exhibit "H. ' and Exhibit ' I." OR: 3022 PG: 2089 WARRANTY DEED PAGE 2 Prop.1.D.11s:76775000945 (Lo123); 76775000961(LAX 24); 76775001245 (Lot 38). 76775001261 (LAX 39), 76775001287 (La 40); 76775001643 (La 58) 76775001724 (La 62): 767750017112 (La 65); 76775001805 (La 66); 76775001902 (Lot 71); 76775W1929 tLot 72); 76775WI%4 (Lot 73); 76775W1960 (Lot 74); 76775=341 (Lot 94); 7677SW2480 (LA* 101); 76775002626 (Lot 108); 5542SW3235 (Tract 12): 55440009001 and 55440009109 (Tract 138), 53440009852 (Twct 130; 35440010359 (Tract 13D); 00438720004, 00438940007. 00438920008, and 00446840002 (Twos 40, 43, and 44-49) Want kh W La Prop. I.D.11s attached This con eynce is subject to those covenants, conditions. restrictions, and reservations set forth on attached Exhib t "k- `which is incorporated herein by reference. GRANTEE. BY ACCEPTANCE OFTHIS WARRANTY DEED, ACKNOWLEDGES THAT THE PROPERTY CONVEYED IS LOCAL WITHIN THE LELY COMMUNITY DEVELOPMENT DISTRICT, THAT THE LELY COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THE PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRU ON,'OPE n a TION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACIIJTIFS AND SERVICES, OF . DISTRICT, AND ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL T XES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR B�1-4W. GRANTEE AGREES THAT IT SHALL PAY ALL SUCH ASSESSMENTS DUE AFTER THE'!�'E. OF RECORDATION HEREOF, TOGETHER WITH INTEREST THEREUPON, IF ANY. IN WITNESS WHEREOF, Grantor has Signed, Sealed and Delivered as to Each Grantor in the Presence of: State of Florida ) ss: County of Collier ) these presents the day and year first above written. Properties Southwest, Inc., a Florida as successor by merger to Resort I of Collier County, Inc., a Florida t de Lange, t� The foregoing instrument was acknowledged before me this t2 day of 2002. by Margriet de Lange, President of Commercial Properties Southwest, Inc., a Florida is personally known to me or who has produced .7C L l :orporation, who as identification. NOTARY PUBLIC mummms�eo� Name: E0cP8iS:lrnd &W (Type or Print) ~"a"'t"" "'r""M'1s My Commission Expires: OR: 3022 PG: 2090 WARRANTY DEED PAGE 3 [7�Rl.PRl6IT1 ' - i� 1 State of isd_- Lely Development Corporation, a Texas corporation By: 6 Y)S*ph Ryan, 6dent ) ss: County of Collier The foregoing instrumenoas acknowledged before me this /2 day of _ P 2002, by Joseph Ryan, President4L.ely Development Corporation, a Texas corporation, who is personally known to me or who has produced, as Iderkification. NOTARY PUBLIC Name: f (Type or Print) wutwt.uactY W COINAIBSION 1 CC 911002 My Commission Expires: sue nw ww r�10 u�w.�ww ,„ . OR: 3022 PG: 2091 WARRANTY DEED PAGE 4 C►111. , :0...... 14 . 1 u • >1APmv, Witness Name: State of Florida Associated Real Estate Southwest, Inc., a Florida corporation, Margrit de Lange, President County of Collier ) The foregoing instrument w�is acknowledged before me this day of , 2 argn e, President of Associated Real Estate Southw ac., a F40riporation, who ersonally known to me ho has prucel lion. w cmus" r cc gig WMI mom t:oa F:%wpdm1JtEU.F.LYDEVICDD SaleVosing Name: (Type or Print) My Commission Expires: MUSTANG ISLAND FOLIO NUMBERS OR: 3022 PG: 2092 60080=23 Tract 60699000041 Lot 60698000067 Lot 60698000063 Lot 60698000106 Lot 4 60698=122 Lots 6069M148 Lo16 60698=164 lot 7 60698000180 LAIR 6069NW203 L 19 6069MM229 lot 10 60698W0245 La 11 60693OW261 La 12 60698=287 L I I3 606980W3W Lot 14 6069WW326 La 15 60698000368 Ld 17 60698=394 Lot 18 60699000407 L01 19 6069M M►t23 La 20 60698000449 Lot21 6069B000463 Lo122 60698000481 Lot23 606980009M Lot24 6069MM20 Lo123 60698000346 L0126 60699000362 Lo127 606981100588 l ut 28 60698000601 Lot 29 6069B000627 WOO 60698000643 Lut31 60698000669 L0t32 60698000683 1033 - 6069MM708 W 34 60698000724 Lot35 60699000740 Ld 36 60698000766 La 37 6069MU782 Ld 38 60698000803 Lo139 60698000821 l ut 40 60699000847 L 141 b*84)00863 Lo142 606980ON89 L)I 43 60698000902 Lot 44 tom.. 6069800D028 Lo145 60698W0944 Lot46 606980009W Lo147 60698000986 lot48 60698WIWS Lo149 606ONQ010 4 L.450 60699001040 lot 31 60698001066 Lot 32 6069SWI092 Lo133 6061103 Lo134 6069SWI 121 L0155 60698WI 147 Lot 36 60698W 1163 Ld 37 60698W l"! ` L`% 58 6069SM1202 La 39 60698001228 L ut 60 ." 60698001244 Lo161 60699WI26Q Lot 62 60698001286 Lo163 60698001304 Lot 64 60699W1325 Lo165 6069SWI341 to,1,66"¢'� 60698001367 Lo167 6069SW1383 L0168 60698001406 LAN 69 6069SM 1422 lat M �' . 60698001448 l ut 71 60698W 1464 l ut 72 s 6069SM1490 Lot 73 60698001503 Lot 74 60698W 1526 Lot 73 60698001545 Lot 76 60698W 1561 Lnt 77 6069800I387 La 78 00698001600 LAN 79 60698W 1626 Lot 80 6069MO1642 L0I 81 6069SW I668 Lot 82 1694 Lol 83 6069SW 1707 Lot 84 60698W 1723 Lot 83 60698W 1749 Lo186 6�169 I763 Lut 87 6069OW1781 Lut 88 60698001804 L0189 6069SW I S20 Lot 90 606980 I446 � , Lot 91 60698001888 Lot 93 60698001901 Lot 94 60698001927 LAN 93 6069$00194 `tot 96 60698W I969 l ut 97 60698002W7 Lot 99 6069BW2023 Lot 100 60698002049 ,,. lot 101 60698W206S Lol 102 60698W2W I Lol 103 6069BW2104 LAN 104 6069SM2120 L 105 b 6069SW2146 Lot 106 6069IM162 Lot 107 60698002188 Ld 108 6069BW2201 La 109 60698002227 Lot 110 60698002243 Lot 111 6069BW2269 Lot 112 60698W2283 Lot11 r 60698W22308 La 114 6069®002324 Lol 113 6069SW2340 Ld 116 60698W2366 LotIli 69~2332 lax I IS 6069BW2405 Lol 119 6069SW2421 LAN 120 60698002447 Lot 121 61 2463 LA 122 600=2489 Lol 123 60O W2502 Lol 124 6069BW2528 Lot 125 000906iM LAX 126 60698002360 La 127 6069BW2596 La 128 6069SM2609 Ld 129 60698=625 La 130 6069OW2641 La 131 6069BW2667 La 132 6ORM2683 Lot 133 606%W2706 La 134 60698002722 La 135 6069SW2748 La 136 6069SW2764 La 137 60698002780 La 138 60698W2903 LAN 139 6069BW2829 LAN 140 6069BW2945 Lot 141 60698002861 La 142 60698002887 Lot 143 6069SW29W Ld 1" 60698002926 lot 145 6069SM2942 l ut 146 60699002968 WOW 6069BW2994 Lot 148 6069BW3006 Lot 149 PAwpdotjlRE U.ZLYDEV\CDD SakClosiab DOcummts%Musl.hl.(olio.00s.wpd OR: 3022 PG: 2093 k:X111B1T "A-1" Grantor hereby declares and Grantee agrees for itself, its successors and assigns, that title to the Property is subject to the following covenants, conditions, restrictions, reservations, and conditions subsequent which shall run with the Property and shall be binding upon all parties having any right, title or interest in and to the Property, or any portion thereof, their successors and assigns, and shall inure to the benefit of Grantor, its successors and assigns. The title to the Property conveyed under this deed is conveyed subject to, and shall be held, sold and subsequently conveyed subject to, the following covenants, conditions, restrictions, reservations, and conditions subsequent. 1.1. Assignment gf D as recorded in Offtcial`RR6 o "PUD" ), Grantor, as devel respective Parcels of the Pn or multi -family units on the b. d. e. 9. h. Exhibit "A" P residential unit 11: In accordance with Section 11 of the Lely Resort Community PUD, 1909. Page 1296, of the Public Records of Collier County, Florida (the the PUD, hereby assigns the following number of dwelling units to the wept as otherwise designated in this Article I, development of single .)shall be governed by the PUD): hereby assigned, and shall contain no more than, One (1) 4 described in Exhibit "A." Exhibit "B" Property - Is hefebj Forty-six (146) residential`units. Exhibit "C" Property - is hereby, commercial use permitted in th Exhibit "D" Property - Is hereby Exhibit "E" Property - is hereby assigned, and shall contain no more than, One Hundred One Hundred Thousand (IMAM square feet of ne district. Hundred (400) residential units. Exhibit " F" Property - is hereby assigned Two"I Exhibit "G" Property - is hereby assigned Two`U Exhibit "H" Property - is hereby assigned Eight It Exhibit "1" Property - is hereby assigned One H Ninety-six 0%) residential units. (200) residential units. Forty-nine (249) residential units. (889) residential units. (158) residential units. 1.2. Modification: These covenants may not be modified, and the numberofre�le tial units assigned to each individual parcel of the Property under Paragraph 1.1 hereof shall not -,be. ex ed, without the written consent of Grantor, its successors and/or assigns. 1.3. Severability: If any provision hereof is held to be invalid in whole or in part by any court of competent jurisdiction. then such holdings shall in no way affect the validity of the retraining provisions, all of which shall remain in full force and effect. 1.4. ISM: Unless terminated earlier by recorded instrument executed by Grantor and Grantee (or their respective successors or assigns), the restrictions stated herein shall retrain in full force and effect for a period of Twenty (20) years after the date that this Deed is recorded in the Public Records for Collier County, OR; 3022 PG; 2094 Florida. and thereafter Grantee's title shall automatically be relieved, released, and discharged from their effect. Witnesses: C. F:%wpd=\RE%ALY DEVrCDD Accepted by Grantee: Stock Developme t, LLC, a Florida limited liability company By: Brian Stock, its managing member EXHIBIT A OR: 3022 PG: 2095 Lots 23, 24, 38, 39, 40, 58, 62, 65, 66, 71, 72, 73, 74, 94, 101 and 108, TIGER ISLAND ESTATES, according to the plat thereof as recorded in Plat Book 19, Pages 87 through 92 of the Public Records of Collier County, Florida. EXHIBIT "B" LANDS OR; 3022 ?G: 2096 All of MUSTANG ISLAND according to the plat thereof as recorded in Plat Book 37, Pages 37 through 40, of the Public Records of Collier County, Florida. LESS AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED LANDS: Lots 16, 92 and 98 of MUSTANG ISLAND according to the plat thereof as recorded in Plat Book 37, Pages 37 through 40, of the Public Records of Collier County, Florida. EXHIBIT "C" OR: 3022 PG: 2097 BEING TRACT 12, LELY RESORT PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EX11IDIT "D" OR: 3022 PG: 2098 BEING TRACT 13B, LELY RESORT PHASE ELEVEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGES 52 THROUGH 55, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXImi)r"t: OR: 3022 PG: 2099 LEGAL DESCRIPTION OF PART OF TRACT 13C LELY RESORT PHASE ELEVEN, PLAT BOOK 23, PAGES 52 THROUGH 55, COLLIER COUNTY, FLORIDA ALL THAT PART OF TRACT 13C, LELY RESORT PHASE ELEVEN, PLAT BOOK 23, PAGES 52 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLYMOST CORNER OF SAID TRACT 13C; THENCE ALONG THE BOUNDARY OF SAID TRACT 13C IN THE FOLLOWING THREE DESCRIBED COURSES: 1) NORTH'45052'00" EAST 132.07 FEET; 2) NORTH 41'34'00- WEST 107.91 FEET; 3) NOR Id 6'00" EAST 597.90 FEET TO THE POINT OF BEGINNING; THENCE.CO, INUE,ALONG THE BOUNDARY OF SAID TRACT 13C IN THE FOLLOWING=TwLV DESCRIBED COURSES: 1) NORTH 18�036 g,O" EAST 14.02 FEET: 2) NORTH O'V 3 00"``:FAST 316.00 FEET; 3) NORTH 13.291'00,''AMEST 300.00 FEET; 4) NORTH 61'34!0" EAST 95.00 FEET; 5) SOUTH 24000'00" EAST;150.00 FEET; 6) SOUTH 80.34'00" EAST150.00 FEET; 7) NORTH 56'30100w EAST 110.00 FEET: 8) NORTH 29008'00. W T 70.,00 FEET; 9) NORTH 12*30130" E ST„49 :0,0 FEET, 10) NORTH 60*38100" EAST 0.00 FEET, 11) NORTH 25015'00" WEST `27M00`r,FEET, 12) NORTH 27.27100" EAST -410.00. 'FEET TO THE BOUNDARY OF THE PLAT THE CHASE PRESERVE OF LELY R°*SOR'1f¢PHASE ONE, PLAT BOOK 23, PAGES 96 THROUGH 98, OF TllE.P_1�LIC RECORDS OF COLLIER COUNTY, FLORIDA; �, .f THENCE ALONG SAID BOUNDARY IN THI FOLLOWING THREE DESCRIBED COURSES: 1) SOUTH 83'52'27" EAST 88.60 FEET'.. 2) NORTHERLY 7.65 FEET ALONG THE i O `'NON -TANGENTIAL CIRCULAR CURVE CONCAVE EASTERLY HAVINK�- �I�ADIUS OF 466.00 FEET THROUGH A CENTRAL ANGLE OF 00'56'2'ANfBEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06'35'47" EAST 7 65 FEET; 3) ALONG A NON -TANGENTIAL LINE SOUTH 82*S, �" EAST 124.00 FEET TO THE BOUNDARY OF SAID TRACT 13C SAID BOUND Y�,LSO=,BEING THE WESTERLY RIGHT-OF-WAY LINE OF CELESTE DRIVE At(V9D ING TO SAID PLAT OF LELY RESORT PHASE ELEVEN; THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING'FIVE DESCRIBED COURSES: I) SOUTHERLY 24.77 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3, 0% FEET THROUGH A CENTRAL ANGLE OF 04'09"00" AND BEING 3UPTiE DED BY A- CHORD WHICH BEARS SOUTH 04'59"30" WEST 24.77 FEET;a,' 2) SOUTH 02o55100" WEST 766.39 FEET; l 3) SOUTHERLY 547.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 958.00 FEET THROUGH b � CENTRAL ANGLE. OF 32'45'39" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19.17'50" WEST 540.34 FEET; 4) SOUTH 35*40139" WEST 407.29 FEET; 5) SOUTHWESTERLY 221.71 FEET ALONG THE ARC OF A CIRCULAR CURVE., -" _ CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 742.00 FEET THROUGH Page t ot'_ nA1nn;; -. U'A1U1lI)VJ) OR: 3022 PG: 2100 A CENTRAL ANGLE OF 17007112" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27'07'03" WEST 220.89 FEET; - THENCE LEAVING SAID RIGHT-OF-WAY LINE ALONG A NON -TANGENTIAL LINE NORTH 73035*10" WEST 230.95 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SAID TRACT 13C BEING NORTH 45052*00" EAST. Pate 2 an EXHIBIT "E"' OR: 3022 PG: 2101 BEING TRACT 13D, LELY RESORT, PHASE ELEVEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGES 52 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "G" (TRACT 40) OR; 3022 PG; 2102 A PORTION OF SECTION 28, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWESTERLY MOST CORNER OF WILDFLOWER WAY, LELY RESORT PHASE EIGHT, AS RECORDED IN PIAT BOOK 23, PAGES 33 i 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S. 83'40'04" E., ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID WILDFLOWER WAY, A DISTANCE OF 778.07 FEET; THENCE DEPARTING FROM THE SOUTHERLY RIGHT-OF-WAY OF SAID WILDFLOWER WAY, S. 24'50'00" W., A DISTANCE OF 210.04 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, 221.24 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 31'41'26" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 08059'17" W., 218.43 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY; 66.07 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVI I RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 38'06'44" AND BEING SUB4'iJD_D, Y A CHORD WHICH BEARS S. 11011156" W., 261.20 FEET TO A POINT OF CON POUN �VATURE; THENCE SOUTHWESTERLY, 109.50 FEET ALONG THE ARC OF A CIRCULAR CURVF.;COIAVE NORTHWESTERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL`ANGL$ oP,,33'22'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 47'56'25"'W.0 16795 FEET TO A POINT OF TANGENCY; THENCE S. 64'37'32" W., A DISTANCE OF 296.15,-fEEt TO A POINT OF CURVATURE; THENCE NORTHWESTERLY, 167.83 FEET ALONG THE AkC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 88.00 FEET, THROUGH AkCENTRAL ANGLE OF 109'16'11" AND BEING SUBTENDED BY A CHORD WHI(*_BEARi N. 60'44'22" W., 143.52 FEET TO A POINT OF TANGENCY; THENCE N. 06'06'17" W., A DISTANCE OF 237.44 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTE'PtY, 90: 6 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A`RIUq OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 83'13'43" AND BEING SUBTENDED,BY"AjCHORD WHICH BEARS N. 47'43'08" W., 82.35 FEET TO A POINT OF TANGENCY; THENCL,Nt. $9'20'00" W., A DISTANCE OF 232.96 FEET TO A POINT THE EASTERLY RIGHT-OF-WAYI,INEOF LELY HIGH BOULEVARD, LELY RESORT PHASE SEVEN, AS RECORDED IN PLAT BOOR 21,:/PAGES 30 THROUGH 32 OF THE PUBLIC RECORDS OF AFORESAID COLLIER COUNTY,',,FLORJ-DA`, THE SAME BEGIN A POINT ON A NON - TANGENTIAL CURVE; THENCE RUN THE FOLLO Q.°THEE (3) COURSES AND DISTANCES ALONG THE EASTERLY RIGHT-OF-WAY LINE OF S iI Ll',Y HIGH BOULEVARD; COURSE NO. 1: NORTHERLY, 195.00 FEET ALONG THE ARC O A C R`OULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 330.00 FEET, THROUGH A-CRAAL'ANGLE OF 33*51*22" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 20'!6'41"­1s,"192.17 FEET TO A POINT OF TANGENCY; COURSE NO.2: N. 03'21'00" E., 390.Sf F'E'T,";Q A POINT OF CURVATURE; COURSE NO. 3: NORTHEASTERLY, 42.02 FEET ALONG Tit ARC F A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 "-:4HROUGH A CENTRAL ANGLE OF 96'18'46" AND BEING SUBTENDED BY A CHORD WHICH. AR�,N,5.1'30'23" E., 37.25 FEET TO A NON -TANGENTIAL LINE, THE SAME BEING A POIN71-OH.THE SOUTHERLY RIGHT- OF-WAY LINE OF AFORESAID WILDFLOWER WAY; THENCE S. 8� O'09*.E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WILDFLOWER WAY, ADIS"1'AN OF 78.46 FEET TO THE POINT OF BEGINNING. ripc 141 KX11LUL'1' "11- (Payu L fit 4) (INCLUDES PART OF TRACT 43, ALL OF TRACT 44, TRACT 45, TRACT 46 AND TRACT 47) A PORTION OF SECTIONS 28 & 33, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EASTERLY BOUNDARY LINE OF NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGES 86 THROUGH 67 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE N. 02*47*55" E., ALONG THE EASTERLY BOUNDARY LINE, OF SAID PLAT OF NAPLES MANOR LAKES AND ALONG THE WEST LINE OF SAID SECTION 28. A DISTANCE OF 1,226.36 FEET; THENCE DEPARTING FROM LAST SAID LINES, S. 87*12*05" E., A DISTANCE OF 969.84 FEET; THENCE N. 02047'40" E., A DISTANCE OF 1,702.00 FEET; THENCE N. 38047'48" W., A DISTANCE OF 165.06 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LELY HIGH BOULEVARD, LELY RESORT PHASE SEVEN DING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGES ,30 THROUG 32 f4f4CLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE N?I9"4310" E., ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LELY HIGH BOULEVARD,', 4' DISTANCE OF 1,179.37 FEET; THENCE DEPARTING FROM THE SOUTHEASTERLY R 1it-OF-WAY LINE OF SAID LELY HIGH BOULEVARD, S. 40017'00" E., A DISTANCE 01 89 06,.FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, 237.42 FEET ALONG THE OF* A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 117.00 FEET, THROUGH A CENTRAL ANGLE OF 116016106" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.-17° 103" w., 198.73 FEET TO A POINT OF REVERSE CURVATURE; THENCE..5OUTI.141STERLY, 55.51 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 51'17'41" AND BEI140 SUBTENDED BY A CHORD WHICH BEARS Sc. 50'20115" W., 53.6.7 FEET TO A POINT OF TANGENY THENCE S. 24'41'25" W., A DISTANCE OF 265.24 FEET TO A POINT OF CURVATURE; THEROR,SOUTHERLY, 167.80 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EAS ERLY;,, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 45°20'57" Ap,-BEING, SUBTENDED BY A CHORD WHICH BEARS S. 02000157" W., 163.45 FEET TO A EO NT OF TANGENCY; THENCE S. 20°39,31" E., A DISTANCE OF 75.54 FEET TO A PINT OP'tCURVATURE; THENCE SOUTHERLY, 266.02 FEET ALONG THE ARC OF A CIRCULAR CU "CONCAVE WESTERLY, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL -ANGLE OF 7-f2''31" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 17'26'44" W., 246.�', 4 f'F 4"``�'O A POINT OF TANGENCY; THENCE S. 55'33'00" W., A DISTANCE Of' 105.9T;'�QA POINT OF CURVATURE; THENCE. WESTERLY, 222.70 FEET ALONG THE ARC OF, CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 300.00 FEET, THRUU1'A CENTRAL. ANGLE OF 42'32'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 76'9'0"W „ 217.63 FEET TO A POINT OF TANGENCY; THENCE N. 81°55'00" W., A DISTANCE F.�82.82 FEET; 'THENCE S. 02'47'40" W., A DISTANCE OF 236.83 FEET; T NCB N:, 83'55'00" F., A DISTANCE OF 633.81 FEET; THENCE S. 15055'00" W., A DISTAN'C£`'O1,**,608.11 FEET; THENCE S. 31050100" W., A DISTANCE OF 839.38 FEET; THEN�C,� N�'. °E5'17'00" W., A DISTANCE OF 61.35 FEET TO A POINT ON A NON -TANGENTIAL CURVE; THE- E SOUTHERLY, 167.48 FEET ALONG THE AJtC OF A CIRCULAR CURVE, CONCAVE WEStFRLY 'HAVING A RADIUS OF 1,030.00 FEET, THROUGH A CENTRAL ANGLE OF 0901940' AND, BEING SUBTENDED BY A CHORD WHICH BEARS S. 09°22'30" W., 167.30 FEET TO A PO 11T OF TANGENCY; THENCE S. 14002'00" W., A DISTANCE OF 232.63 FEET TO A POINT,OFzC7RVATURE; THENCE SOUTHERLY, 392.44 FEET ALONG THE ARC OF A CIRCULAR CUR', -/CONCAVE EASTERLY, HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL ANGLE,O "�1-8'52'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 10024126" E., 380.65°,FEE' O A POINT OF COMPOUND CURVATURE; THENCE SOUTHEASTERLY, 52.23 FEET ALONG ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF t00.6 EET, THROUGH A CENTRAL ANGLE. OF 29'55'35" AND BEING SUBTENDED BY A CHORD"" ZIlliaARS S. - 49'48'39" E., 51.64 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, 92.79 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE.s SOUTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAANGLE OF fare 1 of d O 7�J N O W 35'26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 47'03'06" E., 91.32 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, 52,23 FEET ALONG THE ARC OF A CIRCULAR CURVE,- CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, Through A CENTRAL ANGLE OF 29*55135" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 44017,32" E., 51.64 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHEASTERLY, 8.44 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL -ANGLE OF 01003104' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 59*46152" E.. 8.44 FEET TO A NON -TANGENTIAL LINE; THENCE N. 00026159" F., A DISTANCE OF 349.99 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, 21.01 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 24'04114" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 11035108" W., 20.85 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, 721.28 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A - RADIUS OF 190.00 FEET, THROUGH A CENTRAL ANGLE OF 229'35124" AND BEING SUBTENDED BY A_CHORD WHICH BEARS S. 88'49'33" E., 326.81 FEET TO A POINT OF REVERSE Vj4 E; THENCE SCUTHERLY, 11.13 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 2 ,'Jkq0"�AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 13*12134" W., 11.04 FEET TO'A PUNT OF TANGENCY; THENCE S. 00'26'59" W., A DISTANCE OF 414.11 FEET, T E S`;E 89'33'01" E., A DISTANCE OF 5,63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 380.82 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 470.00 FEET, THROUGH A CENTRAL ANGLE OF 4702311,59" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 66*45100" E., 377.83 FEET I0 THE END OF SAID CURVE AND "POINT A'; THENCE N. 46057100" W., A DISTANCE W 130.00 FEET TO A POINT ON A NON -TANGENTIAL CURVE; THENCE NORTHEASTERLY,:25.41_.FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE' NORTHWESTERLY, HAVING A RADIUS`QF 340.00 FEET, THROUGH A CENTRAL ANGLE OF 36018100" AND BEING SUBTENDED BA CHORD WHICH BEARS N. 24'54'00" E., 211.82 FEET TO A POINT OF TANGENCY';�TI'NCE N. 06'45100" E., A DISTANCE: OF 495,59 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 569.34 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHE ,TE"Y,, HAVING A RADIUS OF 760.00 FEET, THROUGH A CENTRAL ANGLE OF 42*55120" ANQ BEW&,SUBTENDED BY A CHORD WHICH BEARS N. 28'12140" E.., 556.12 FEET TO A P 1'-OF,RFVERSE CURVATURE, THENCE NORTHERLY, 69.23 FEET ALONG THE ARC OF A CIRCUU CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CEr RAL;AWLE OF 79*19141" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 10'00130" F.#. 6 V'83 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, 601 55 F1' ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A.,R DIUS QF 180,00 FEET, THROUGH A CENTRAL ANGLE OF 191*28142" AND BEING SUBTkNDie,,PY A CHORD WHICH BEARS N. 66.05'00" E., 358.20 FEET TO A POINT OF REVERS�URVATURE; THENCE SOUTHEASTERLY, 69.23 FEET ALONG THE ARC OF'AIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEEf', THROUGH A CENTRAL ANGLE OF 790191410 AND BEING SUBTENDED BY A CHORD WHIC11'40Frl'1R5,`S, 57050130" E.. 63.83 FEET TO A POINT OF REVERSE CURVATURE; THENCE WTERI�Y,-..447.75 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A DIUS OF 760.00 FEET. THROUGH A CENTRAL ANGLE OF 33*45120" AND BEING SUJR4 VEED BY A CHORD WHICH BEARS S. 80*37140" E., 441.30 FEET TO A POINT OF TANGENCY_;`THF.NCE S. 63045100" E., A DISTANCE. OF 331.72 FEET TO A POINT OF CURVATURE HENE SOUTHEASTERLY, 591.97 FEET ALONG THE ARC bF A CIRCULAR CURVE. CONCAVI±`SOUt WESTERLY, HAVING A RADIUS•OF 695.00 FEET, THROUGH A CENTRAL ANGLE OF 48'48--&6" AND,BEINC SUBTENDED BY A CHORD WHICH BEARS S. 39'20157" E., 5'74.23 FET 'f A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, 64.68 FEET AIANGI,TIHE,�RC''OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 £ THROUGH A CENTRAL ANGLE OF 74'06145" AND BEING SUBTENDED BY A CHORD Wf(lCjt, S S. 52'00117" E., 60,26 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 569.42 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, < ",VjA`1jAA RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 181015406" AND"BtING SUBTENDED BY A CHORD WHICH BEARS S. 01'33054" W., 359.98 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 57.56 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50,00 FEET, THROUGH Pap 2 of 4 EXHIBIT "II" (Page 3 of 4) OR; 3022 PG; 2105 A CENTRAL ANGLE OF 65'57'16" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 59'12'49" W., 54.43 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 337.29 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE. NORTHWESTERLY, HAVING A RADIUS OF 390.04 FEET, THROUGH A CENTRAL ANGLE OF 49'32'49" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 51000135" W., 326.88 FEET TO A POINT OF TANGENCY! THENCE S. 75'47'00" W., A DISTANCE OF 273.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 287.77 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 540.00 FEET, THROUGH A CENTRAL ANGLE OF 3'0032'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 60°31'00" N., 284.38 FEET TO A POINT OF TANGENCY; THENCE S. 45*15*00" W., A DISTANCE OF Z 5.93 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 124.99 FEET ALONG TE,ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 410. FE1rT THROUGH A CENTRAL ANGLE. OF 17'28'01" AND BEING SUBTENDED BY A CHORD WHICH AARS'I.$. 53059101" W., 124.51 FEET TO A POINT ON A NON -TANGENTIAL CURVE; THENCEfSOUT ERLY, 1.40 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAILING A/RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 00'47'59" AND BEING SUBT 'ED`B,,A CHORD WHICH BEARS S. 03'5031" V., 1.40 FEET TO A POINT OF REVERSEIAtURE, THENCE SOUTHERLY, 45.10 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 25*50_'31`"•,AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 08*40145" E., 44.72,FEET+T� A POINT OF TANGENCY; THENCE S. 21036100" E., A DISTANCE OF 15.45 FEET,Tq'A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 247.05 FEET ALONG THE ARC OVA/CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 470.00 FEET, THROUGH A'CRAL ANGLE OF 30'07'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 36'39` 0";F., 244.21 FEET TO A POINT OF TANGENCY; THENCE S. 51'43'00" E., A DISTANCE OF 66.`g4 FEET; THENCE. S. 38'17'00" W., A DISTANCE: OF 60.00 FEET; THENCE N. 51 43106" W., A DISTANCE OF 66.44 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLt. ? :-59 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE. NORTHEASTERLY, HFIVINC- At RADIUS OF 530.00 FEET, THROUGH A CENTRAL ANGLE OF 30'07'00" AND B G-SUOTENDED BY A CHORD WHICH BEARS N. 36039'30" N., 275.39 FEET TO A POINT"O .TANGENCY; THENCE. N. 21'36'00" W., A DISTANCE OF 15.45 FEET; THENCE S.' '2,4/�',�0", W., A DIS'I'ANCF: OF' l l.'l9 FEET; N. 89*33101" W., A DISTANCE OF '.62f87 FEET TO THE. POINT OF BEGINNING. LESS AND ACCEPT COMMENCE AT AFOREMENTIONED "POINT A"; THENCE I: 77:09119" E., A DISTANCE OF 269.52 FEET TO THE POINT OF BEGINNING OF TH PMCEiL'OF LAND HEREIN DESCRIBED AND A POINT ON A NON -TANGENTIAL CURVE; THENCE.NORt0kRLY, 190.49 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING DIUS OF 660.00 FEET, THROUGH A CENTRAL ANGLE OF 16032'13" AND BEING SU&END'D BY A CHORD WHICH BEARS N. 15°01'07" E., 189.83 FEET TO A POINT OE' T,3 .NCY; THENCE N. 06045'00" E., A DISTANCE: OF 495.59 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 818.33 FEET ALONG THE ARC OF A CIRCULAR IRV CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 440.00 FEET, THROUGH 'A CCETRAL ANGLE OF 106'33138" AND HEING SUBTENDED BY A CHORD WHICH BEARS N-W01144" F., 705.38 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY,'81 1L iEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS 'OF <'00 FEET, THROUGH A CENTRAL ANGLE: OF 92056'22" AND HE:LNG SUHTENDE:D HY CIi RD WHICH BEARS S. 20'13'11" E., '12.50 FEET TO A POINT OE' TANGENCY; THENvF'. 26"l5'00" W., A DISTANCE OF 143.30 FEET TO A POINT OF CURVATURE; THENCE SO W TERLY, " 139.89 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY.HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 57'15'00" AND ElV96"­ SUBTENDED BY A CHORD WHICH REARS S. 54'52'30" W., 134.14 FEET TO A POINT OF TANGENCY; THENCE: S. 83"30'00" W., A DISTANCE; OF' 3?.24 FEET TO A POINT OF' haht 1 "1.1 G]Slllul'l 'lt %rage Y OL a► OR: 3022 PG: 2106 CURVATURE; THENCE WESTERLY, 21.01 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 24'04'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 84'27'53" W., 20.85 FEET TO A POINT OF REVERSE CURVATURE, THENCE SOUTHERLY, 709.55 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 160.00 FEET, THROUGH A CENTRAL ANGLE OF 225'51'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS- S. 05021'29" E., 331.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, 38.03 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE: OF 21047'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 72036'24" E., 37.80 FEET TO A POINT OF TANGENCY; THENCE N. 83'30'00" E., A DISTANCE OF 22.12 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 459.63 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL ANOL -OF 57'15100" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 54'52'30" E1,0-440.75 FEET TO A POINT OF TANGENCY; THENCE N. 26'15'00" E., A DISTAN' .56 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 69.12 FEET ALONG THE ARC, OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET, THROUG,H"`A "NTRAL ANGLE OF 102007138" AND BEING SUBTENDED BY A CHORD WHICH DEARS N, 77 18.'49" F., 77.79 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTH �$RLY"-,305.14 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HA�V,,f4Go>A RADIUS OF 375.00 FEET, THROUGH A CENTRAL ANGLE OF 46'37'22" AND BE NG SUBTENDED BY A CHORD WHICH BEARS S. 28*18141" E., 296.80 FEET TO A POINT OF TANGENCY; THENCE S. 05000'00" E., A DISTANCE. OF 100.06 FEET TO A POINT OF CURVATM ;,'HENCE SOUTHWESTERLY, 96.75 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVEMORTHWESTERLY, HAVING A RADIUS OF 70.04 FEET, THROUGH A CENTRAL ANGLE OF 80'7'00"=AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 35'23'30" W., 90.77 FEET T0-=A,E?OINT OF TANGENCY; THENCE S. 75'47'00" W., A DISTANCE OF 273.84 FEET TOf A PgTNT OF CURVATURE; THENCE SOUTHWESTERLY, 458.30 FEET ALONG THE ARC OF A CIRC,LAReCURVE, CONCAVE SOUTHEASTERLY, HAVING A Radius OF 860.00 FEET, THROUGH A CENTR Ala ANGLE OF 30°32'00" AND BEING SUBTENDED BY A CHORD WHICH REARS S. 60°31'00"..W 452.90 FEET TO A POINT OF TANGENCY; THENCE: S. 45'15'00" W., A DISTANCE O£'17'1.9i'tlFEF.T TO A POINT OF CURVATURE; THENCE WESTERLY, 164.47 FEET ALONG THE ARC"-OF'A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 200.00 FEET, TH H.°A CENTRAL ANGLE OF 47°07'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 68° kM' W., 159,87 FEET TO A POINT OF TANGENCY; TIIE:NCE: N. $17°3H'OO" W., A D .,TIAq,. OF 221.1�5 EE:E"1' TO A POINT OE' CURVATURE; THENCE. NORTHWESTERLY, 96.80-FEE+ ALONG THE ARC OF A CIRCULAR CARVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS F W .,00 FEET, THROUGH A CENTRAL ANGLE OF 110'55'13" AND BEING SUBTENDED BY A R6- WHICH HEARS N. 32°10'23" W., 82.37 FEET TO THE POINT OF BEGINNING. Kv40A EXHIBIT "I" (TRACT 49) OR; 3022 PG; 2107 A PORTION OF SEC"l'ION It, 'IYIWNSHII' 1,0 :3OUT11, RANUF «6 EAST. Colllur COUNTY. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 76, MUSTANG ISLAND, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES 37 THROUGH 40 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE N. 85'24'02" E., ALONG THE SOUTHERLY BOUNDARY OF SAID I.OT 78, A DISTANCE OF 286.27 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MUSTANG ISLAND CIRCLE, A 60.00 FOOT PUBLIC RIGHT-OF-WAY, THE SAME BEING A POINT ON A NON -TANGENTIAL CURVE; THENCE SOUTHEASTERLY, 253.25 FEET ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID MUSTANG ISLAND CIRCLE AND ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLYI, HAVING A RADIUS OF 490.00 FEET, THROUGH A CENTRAL ANGLE OF 29'36'44,"� N.lIEING SUBTENDED BY A CHORD WHICH BEARS S. 53'54'43" E., 250.44 FEET TO''THE E,OF SAID CURVE; THENCE DEPARTING FROM THE SOUTHWESTERLY RIGHT OF -WAY LINV0F,SA`IYD MUSTANG ISLAND CIRCLE, S. 21916'55" W., A DISTANCE. OF 256.00 FEET"TfS A P INT OF CURVATURE; THENCE SOUTHERLY, 321.51 FEET ALONG THE ARC OF A CIRCULA CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 52037'55" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 05'02102"=f:e>310.33 FEET TO A POINT OF TANGENCY; THENCE S. 31*21,00" E., A DISTANCE O 435.19 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, 117.78 FEET ALONG THE,ARCkOF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE OF 76'41'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS 06'59'30" W., 109.18 FEET TO A POINT OF TANGENCY; THENCE S. 45'20'00" W: A DISTANCE OF 75.12 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, 206.34 FEE A�.ONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUSF,19.60 FEET, THROUGH A CENTRAL ANGLE OF 69'42'37" AND BEING SUBTENOE BY A: CHORD WHICH BEARS S. 80*11,18" W., 193.85 FEET TO A NON -TANGENTIAL LINE v'MtE13CE N. 36'51'00" W., A DISTANCE OF 79.90 FEET TO A POINT OF CURVATURE, `T1ifNC"E,,WESTERLY, 255.08 FEET ALONG THE. ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,,HAYING A RADIUS OF 185.00 FEET, THROUGH A CENTRAL ANGLE OF 79'00'00" AND H IIN- S�IHTENDFD BY A CHORD WHICH HEARS N. 76'21'00" W., 235.35 FEET TO A POIN wtl'F 'TANGENCY; THENCE. S. 64'09'00" W.. A DISTANCE OF 190.29 FEET TO A POINTON,TIIF`NORTH-SOUTH 1/4 LINE. OF AFORESAID SECTION 33; THENCE N. 02*43123" F..,.A G i1klE NORTH -SOUTH 1/4 LINE OF SAID SECTION 33, A DISTANCE OF 1,262.94 F�'fOA'NE POINT OF BEGINNING. Page 1 of 1 Cother County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT MAPLES, FLORIDA 34104 www.collierp,ov.net (239) 252-2400 FAX: (239) 252-6358 -IROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership BRIAN STOCK (Stock Development LLC) 100% 2639 Professional Circle #101 C. Naples, FL 34119 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Page 1 of 3 Cotber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: CName and Address % of Ownership e If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the C �IIICCrS, DLmKriwuerS, uurlelluldrle5, Ur PdrLnerb; Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 411- er County COLLIER COUNTY GOVERNMENT 2300 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: _, or Anticipated closing date: Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand thatfailure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ent/Ownq ignature ,;ik 6fille-Y, Agent/Owner Name (please print) Date Created 9/28/2017 Page 3 of 3 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Davis Development, Inc. Address: 3330 Cumberland Blvd. SE #425 City: Atlanta Telephone:770-644-0075 Cell: 239-220-9776 State: GA ZIP: 30339 Fax: 770-644-0078 E-Mail Address: GSCHAUFLER@DAVISDEVELOPMENT.COM Address of Subject Property (If available): 7665 COLLIER BLVD City: Naples State: FL ZIP: 34113 r20PERTY INFORMATION Section/Township/Range: 3/ 5/ 26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: LELY RESORT PHASE I TRACT 12 Property I.D. Number: 55425003255 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: South County WRF d. Package Treatment Plant ❑ (GPD Capacity): 16 MGD e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Provide Name: South County Regional WTP Total Population to be Served: No increase in population within the PUD Peak and Average Daily Demands: A. Water -Peak: NSA Average Daily: N/A B. Sewer -Peak: N/a Average Daily: NSA If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: September 2023 March 4, 2020 Page 6 of 11