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HEX Agenda 11/10/2022COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 November 10, 2022 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Andrew.Youn blg oodgCollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 111212022 November 2022 Pledge of Allegiance Review of Agenda 3. Advertised Public Hearing A. Petition No. SV-PL20220002991— 8477 Bay Colony Drive - Request for a variance from Land Development Code Section 5.06.02 B.6.b which allows two on -premises ground or wall signs not to exceed a combined area of 64 square feet in residential districts, to instead allow a total combined area of 75.61 square feet for two on premises ground or wall signs; and a second variance from Section 5.06.02.B.6 which provides residential on -premises signs may be located at each entrance, to instead allow a second on -premises sign approximately 250 feet from the entrance to the condominium development located at 8477 Bay Colony Drive, Naples, FL 34108 in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Sean Sammon, Principal Planner] Commissioner District 2 B. Petition No. CU-PL20210001746 - Goodlette-Frank Road and Center Street - Request for approval of a Conditional Use to allow therapeutic equestrian riding and stabling and its expansion, superseding Resolution Nos. 2013-236 and 2000-63 and pursuant to subsections 2.03.0l.A.l.c.19 and 2.03.0l.A.l.c.24 of the Collier County Land Development Code, on f8.95 acres located on the southwest corner of Goodlette-Frank Road and Center Street in Section 10, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator, John Kelly, Senior Planner] Commission District 2 C. Petition No. ADA-PL20220004625 - Valencia Golf and Country Club, Orangetree - Appeal filed by Valencia Golf and Country Club HOA, Inc. of the administrative approvals of Planned Unit Development Minor Change Petition PMC-PL20220003657 and Insubstantial Change to Construction Plans ICP-PL20220003659 regarding sidewalks on private property. The subject property is located in the Valencia Golf and Country Club — Phase 2B subdivision, part of the Orangetree Planned Unit Development in Section 23, Township 48 South, Range 27 East, Collier County, Florida. [Mike Bosi, Director, Zoning] Commission District 5 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 111212022 3.A 11 / 10/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 23708 Item Summary: Petition No. SV-PL20220002991 — 8477 Bay Colony Drive - Request for a variance from Land Development Code Section 5.06.02 B.6.b which allows two on -premises ground or wall signs not to exceed a combined area of 64 square feet in residential districts, to instead allow a total combined area of 75.61 square feet for two on premises ground or wall signs; and a second variance from Section 5.06.02.B.6 which provides residential on -premises signs may be located at each entrance, to instead allow a second on -premises sign approximately 250 feet from the entrance to the condominium development located at 8477 Bay Colony Drive, Naples, FL 34108 in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Sean Sammon, Principal Planner] Commissioner District 2 Meeting Date: 11/10/2022 Prepared by: Title: Principal Planner — Zoning Name: Sean Sammon 10/ 19/2022 3:40 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/19/2022 3:40 PM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Review Item Growth Management Operations & Regulatory Management Kenneth Kovensky Zoning Sean Sammon Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending Completed 10/21/2022 4:45 PM Review Item Completed 10/24/2022 9:48 PM Skipped 10/19/2022 3:40 PM Completed 10/25/2022 9:26 AM Completed 10/31/2022 8:16 AM 11/10/2022 9:00 AM Packet Pg. 3 3.A.a Co er Gounty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING & ZONING DIVISION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 10, 2022 SUBJECT: PETITION SV-PL20220002991, WINDSOR CONDO SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: David Knuepfer Agent: Rob Herscoe The Windsor at Bay Colony Herscoe HaJar Architects 8477 Bay Colony Dr 22 10th Street South Naples, FL 34108 Naples, FL 34102 REQUESTED ACTION: The applicant is requesting a variance Land Development Code Section 5.06.02 B.6.b which allows two on -premises ground or wall signs not to exceed a combined area of 64 square feet in residential districts, to instead allow a total combined area of 75.61 square feet for two on -premises ground or wall signs; and a second variance from Section 5.06.02 B.6 which provides residential on -premises signs may be located at each entrance, to instead allow a second on -premises sign approximately 250 feet from the entrance to the condominium development. GEOGRAPHIC LOCATION: The subject property, the Windsor Condominium, located within the Pelican Bay Planned Unit Development (PUD), Ordinance 04-59, as amended, located at 8477 Bay Colony Drive, Naples, FL 34108 in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within the Pelican Bay PUD, Bay Colony Tract C. It is bordered by the Beach Club to the north, the Gulf of Mexico to the west, the Brighton at Bay Colony Condo to the south, and the Pelican Bay Conservation Area to the east. This is for a proposed welcome sign, larger than 64 square feet in combined area, on the building of the Windsor Condominium under their porte cochere to be visible to the arrival of residents and guests upon pick-up and drop-off. The main entry is above street level; therefore, the sign is not visible from the street or the neighboring properties. There is an existing SV-PL202200002991, WINDSOR SIGN VARIANCE October 18, 2022 Page 1 of 9 Packet Pg. 4 3.A.a primary sign at the entrance at the end of the drive that will remain in its current condition. This sign at the entrance is approximately 250 feet and 10 inches from the location of the proposed sign under the porte cochere and is 3.61 square feet in area. The general intent for the installation of the proposed sign is to welcome the homeowners that are residents in the Windsor Condominium and their guests to the building's lobby. This is a private multi- family condominium and is not for commercial use with regular customers. How the sign will be positioned and installed will not draw any negative impacts on the adjacent properties or on the natural habitats that border the property. The sign's location is estimated to be 275 feet away from the edge of the building adjacent to the south. It is also located an estimated 450 feet away from the edge of the building adjacent to the north. Regarding natural habitats, the sign will face eastward which is away from the Gulf of Mexico, and will not have major impacts on native species such as sea turtles. The specific request is twofold, from the LDC Sec. 5.06.02 B.6 and from the LDC Sec. 5.06.02 B.6.b. The Land Development Code states in Section 5.06.02 B.6 "On premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or a gate signs with a maximum height of 8 feet may be located at each entrance to a multi family or single- c family development and mobile home or recreational vehicle park subject to the following N requirements". The variance request from this is due to the proposed sign not being located at the N entrance to the property but instead being located 250 feet and 10 inches away from the entrance and a. under the porte cochere. Also, stated in the LDC Section 5.06.02 B.6.b "The ground or wall signs shall 00 not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or M gate upon which it is located. " The variance request from this is due to the proposed sign being at a total of 72 square feet. When combined with the entrance sign, both signs are at a combined area of 75.61 square feet which exceeds the 64 square feet combined limit. SV-PL202200002991, WINDSOR SIGN VARIANCE October 18, 2022 Page 2 of 9 Packet Pg. 5 6 bo g 96ed ZZOZ `94 aago}oO 3ONVIRJVA NOIS 2JOS4NIM `666ZOOOOZZOZld-AS CD r-� O� M 2 3 Cr CD r r� 0 0 0 M D) 0 X 0 cl� r 4 a � n � z I� k I� I� f IR crbill D- s °q 'o w r r � p w w Q A s $ m 14 (D M W � D Q1 01 Attachment: SV-PL20220002991 - Windsor Condo Sign Variance (23708 : PL20220002991 - Windsor Condo 6MORd ZZOZ I I• yaw oO 3ONVRJVA NOIS 2JOSONIM `666ZOOOOZZOZId-nS ci Co V VE o a � D OTm s «g W' a 9d rx O o v .. — sv Attachment: SV-PL20220002991 - Windsor Condo Sign Variance (23708 : PL20220002991 - Windsor Condo 3.A.a AERIAL PHOTO SURROUNDING LAND USE AND ZONING: North: Beach Club, clubhouse building with a zoning designation of Pelican Bay PUD. South: Brighton at Bay Colony Condo with a zoning designation of Pelican Bay PUD. East: Right -of -Way, Bay Colony Drive, and then Pelican Bay Conservation Area with a zoning designation of Pelican Bay PUD. West: The Coastal Construction Control Line (CCCL) and then the Gulf of Mexico. There is a Zoning Exception regarding the Coastal Construction Setback Line (CCSL 90-13 & CCSL 91-7), the Coastal Construction Control Line (CCCL), and Coastal Construction Setback Line Variance (CCSV) which allowed for six accessory east -west dune walkover structures and one lateral walkway within Bay Colony, Pelican Bay PUD, Unit 8, Tracts B, C, D, and E, which may have minimal impacts to the proposed Sign Variance. SV-PL202200002991, WINDSOR SIGN VARIANCE October 18, 2022 Page 5 of 9 Packet Pg. 8 6 bo 9 96ed ZZOZ `94 aago}oO 3ONVIRJVA NOIS 2JOS4NIM `666ZOOOOZZOZld-AS LI ik 9 Attachment: SV-PL20220002991 - Windsor Condo Sign Variance (23708 : PL20220002991 - Windsor Condo 3.A.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the GMP. The GMP does not address individual variance requests but focuses on the larger issue of the actual use. The Pelican Bay PUD is consistent with the FLUM. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element (FLUE), although the variance request is not addressed by the GMP. STAFF ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08 B.1: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. a� a� The main entrance to the main lobby level of this high -end condominium is above street level, therefore, c the sign is not visible from the street. The proposed sign will be located under the building structure in N the porte cochere and, since it is not on the face of the building, it is not visible to other adjacent N buildings. The design for the proposed sign is to be seen by homeowners and guests when they enter the a lobby upon arrival or are dropped off. 00 ti M b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would cause unnecessary and undue hardship on the applicant. If a literal interpretation of the LDC is applied, then the LDC Sec. 5.06.02 B.6.a-d will be utilized. The LDC Sec. 5.06.02 B.6 states: "On premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to a multi family or single-family development and mobile home or recreational vehicle park subject to the following requirements: a) Such signs shall maintain a 10 foot setback from any property line unless placed on a fence or wall subject to the restrictions set forth in section 5.03.02 "Fences and Walls. " Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off -premises signs. Bridge signs complying with the requirements of section 5.06.02 may be substituted for ground or wall signs in residential districts. a. Response: Not Applicable b) The ground or wall signs shall not exceed a combined area of 64 square feet and shall not exceed the height or length of the wall or gate upon which it is located. b. Response: The variance request is because the proposed sign combined area with the existing sign area exceeds the maximum allowed 64 square feet. c) Architectural embellishments less than 10 square feet in area shall not be considered signs and shall be allowed throughout the development. However, should such architectural embellishments be located closer than 10 feet to any sign, then the architectural embellishment shall be counted toward the permitted sign area of such sign. c. Response: Within 10 feet of the proposed sign, there are no architectural embellishments. SV-PL202200002991, WINDSOR SIGN VARIANCE October 18, 2022 Page 7 of 9 Packet Pg. 10 d) Official Address Numbers or range of Official Address Numbers shall be displayed in numerals at least 6 inches high on the upper 50 percent of the sign face and located such that it shall not be covered by landscaping or other appurtenances. Where signs are erected on streets that do not match the Official Address Number of the building, no address numbers shall be posted on the sign. d. Response: The sign does not have proposed address numbers to be displayed. c. That the special conditions and circumstances which are peculiar to the land, structure, or building do not result from the actions of the applicant. The porte cochere located underneath the building was included in the original construction of the condominium. The sign feature is not on the fagade of the building since this is proposed to be located on a wall underneath the primary building structure. This is not intended to attract attention from the street to the building, however, it is intended for the homeowners and guests to see upon their arrival to the lobby. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures, or buildings in the same zoning district. The proposed sign will not attract or detract from any neighboring buildings of similar use. The location of the sign does not grant the owner any special privilege or attention to its building or location since it is not visible from the street. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building, or structure. The use of the building is not negatively impacted by the location and size of the sign. Its location inside the porte cochere and only can be visible within the driveway entrance verifies a minimum relief to the building. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The location of the proposed sign is not injurious to adjacent properties or otherwise is not detrimental to the public welfare. The general intent and purpose of the proposed sign are to welcome homeowners who are proud of their residence and to welcome any guests upon arrival and drop-off. This sign will not attract visitors from the street to their private condominium since it is not for commercial use with customers. Where the sign will be positioned, facing east from the building, will not have any major impact on sea turtles since it won't face west towards the beach and the Gulf of Mexico. The building, and the port cochere, will help shield this sign from having any impacts. In staff s opinion that the request for the second sign, located away from the other entrance sign at the property's entrance, as well as exceeding the combined area, meets the intent of the LDC. N O O 0 N N 0 N J a 00 0 ti M N SV-PL202200002991, WINDSOR SIGN VARIANCE October 18, 2022 Page 8 of 9 Packet Pg. 11 3.A.a COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for SV-PL20220002991 revised on October 20, 2022. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision to approve Petition SV- PL20220002991 as requested by the Applicant. Attachments: A) Proposed Sign Variance Plans B) Proposed Site Plan C) Sign Variance Survey D) HEX Backup Packet E) Legal Ad & HEX Sign Posting a� a� N O O O N N O N J a 00 F ti M N SV-PL202200002991, WINDSOR SIGN VARIANCE October 18, 2022 Page 9 of 9 Packet Pg. 12 U O m v CL V O CL N N G n n Qr- N G -00CD p M G O 7 o N y -a3GG o y gym' O CDO W (op 0 (0 Q CD 0 CD 0 N M Q 7 Q -0 w CL CL o N a N 7 O O o 0 51 ■❑ m m a m 1 A 3 � (0 fm AMP Z m p n n o �a C w } CO W m c' C�) O = T n n y Cif �i n n zE c z n T (1 Cn p � C 2 �+ T T 0 cin F �o m. M • yN O • o� < M N N, r., S y C am m NN O o � d o 2w N C) �= N c C- n O (D N a rf rf o (D Cb ^a o m o .o 0 p m o: o co o .A n m - S S2 N O p CD N N 0 ao 0 0 N r: v o m p c � QF a c cp s� H m 0 � T w. G O O N N < w T- o n °p n 3� o (D da � y � � � O O m �m m � N N S N N � � N ra m Mm ma M� m� m� i 1O x� N � O N 53 Z 0 vm 0 ;. • Sr. v ., T Q n N �= m n m r = -y W Attachment: ATTACHMENT A (23708 : PL20220002991 - Windsor Condo Sign Variance) ` t 4 } r ij �r�-. *-✓',� �f ti��bl!'.�r ' �3 !r-'.ryp�" ! I y_ �rr,� ILL I. M': r J114 kk; /[l 5 9 7 71 _7', '. r .� �� _rT.- � i � rig• f = � , r, Alp NOW . a Ow ;05� ©\0. | !! , k D ©516m § /zo \ 0 z !|! � )�� §)) \; _; ; I� a��$ v RU R Sq Ntsvv Y� ID HARRFM RRRRRRR_R R § S, i-W R � I S� :R a_ a OV0d0 d7[I`J Aft A. IHMEa �,,,,o, o�„000,�, C.di,,ia. 3.A.e HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN `BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. Application, to include but not limited to the following: VNarrative of request Property Information Property Ownership Disclosure Form VAny other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Authorization Affidavit of Compliance Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) N/A NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio N/A Traffic Impact Study (TIS) N/A Environmental Data N/A Historical/Archeological Survey or Waiver N/A Utility Letter V L, A� +i^ Justifications Criteria m _ 2 _ aM in 0 _ 0 U L 0 N 0 0 0 N N 0 N J a 00 0 ti M 0 t— z w x U Q t— Q r _ m E �a r w Q Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Packet Pg. 17 3.A.e V Boundary Survey Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. d[ASubmerged Resource Surveys may be included here if required. CD with only one pdf file for all documents in the same order as the packets are put together. Thev must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in mee corder as the printed materials. It is the agent's responsibility to ensure no documentation is left out. �&, WAW. October 7,2022 Sig ture of Ag nt Representative Date Robert Herscoe - Herscoe Hallar Architects Printed Name of Signing Agent Representative m c 2 c T i) 0 c 0 U L 0 2� 7 CD CD N O O O N N O N J d 00 O ti M N Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Packet Pg. 18 3.A.e Co ev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierxov.net (239) 252-2400 FAX: (239) 252-6358 SIGN VARIANCE PETITION LDC section 5.06.08 & Code of Laws section 2-83 — 2-90 Chapter 3 I. of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED I- M APPLICANT CONTACT INFORMATION 2 Cn Name of Property Owner(s): The Windsor at Bay Colony Condominium Association, Inc. 08/24/2022 -oa c Name of Applicant if different than owner: The Windsor at Bay Colony Condominium Association, Inc. 08/24/2022 i Address: 8477 Bay Colony Dr. City: Naples State: FL Zip: 34108 c Telephone. (239) 592-9646 Cell: _ Fax: E-Mail Address: Dave@dupagemachine.com (David Knuepfer - Association Board President 08/24/2022 N O O Name of Agent: Rob Herscoe N 0 Firm: Herscoe Hajjar Architects _J a Address: 22 10th Street South City: Naples State: FL _ Zip: 34102 0 ti Telephone:239-643-4010 Cell: Fax:239-643-5010 N E-Mail Address: rherscoe@hharch.com PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application. If space is inadequate, attach description on a separate page. Property I.D. #: 66667505005 Section/Township/Range: 32 / 48 S / 25 E Subdivision: Pelican Bay (Bay Colony) Tract C Unit: 8 Lot: Block: Metes & Bounds Description: See attached survey for description Address of Sign Location: 8477 Bay Colony Dr., Naples, FL 34108 Current Zoning:Pelican Bay PUD R-2 Land Use of Subject Parcel: Multi -Family Residential Unit o8/24/2022 If a wall sign, length & height of wall upon which the Sign will be secured: 12'-2 1/2" x 9'-4" 03/17/2017 Page 1 of 4 Packet Pg. 19 Coder County 3.A.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net NATURE OF PETITION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 1. On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15 ft. to 10 ft.; why encroachment is necessary; how existing encroachment came to be; etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a-f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. c) That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. 03/17/2017 Page 2 of 4 Packet Pg. 20 Co*e-r County 3.A.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Sign Variance Chapter 3 I. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application meeting notes 1 Affidavit of Authorization signed and notarized 1 Property Ownership Disclosure Form 1 Survey or Site Plan of Property 1 Location Map depicting major streets in area for reference 1 Completed Addressing Checklist 1 Once the first set of review comments are posted, provide the assigned project manager the Property Owner Advisory Letter and Certification 1 �y LYJ ❑ Electronic Copy of all documents and plans * Please be advised: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE �tEQUIREMENTS: 1V/ Pre -Application Meeting: $500.00 PAID VSign Variance Petition: $2,000.00 Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. a� N 0 0 0 N N 0 N J d co 0 ti M N 03/17/2017 Page 3 of 4 Packet Pg. 21 3.A.e County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-5358 As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN-. Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature �AeJ to �•3Celrr..e - Applicant/Owner Name (please print) 03/17/2017 Date Page 4of4 r CD CD N O O O N N O N J d O O ti M N Packet Pg. 22 3.A.e IRC%AC17S HERSCOE HAJJAR ARCHITECTS, INC. Windsor Condo Renovation — Sign Variance Nature of Petition This Sign Variance is for a proposed second sign for the building of The Windsor Condominium to be located under their existing Porte Cochere at larger than 64 sf.. This is strictly for design purposes to welcome residents and guests. It is not visible from the street and therefore should not be considered as a street address sign. A primary sign does currently exist at the end of the drive at the street with an address and is not being altered. The proposed sign does not reduce or encroach on the setback line in any way as it is underneath the structure of the existing building. 08�24�2022 SEE ATTACHED SHEET A10.0 r CD CD N O O O N N O N J d O O ti M N 22 TENTH STREET SOUTH, NAPLES, FLORIDA 34102 (VOICE) 239-643-4010 (FAX) 239-643-5010 Packet Pg. 23 3.A.e co'LLier c01.11ty Growth Management Department ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed by Addressing personnel prior to the pre -application meeting. Please allow 3 business days for processing. Not all items will apply to every project. Items in bold 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 Permit) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑✓ OTHER SIGN VARIANCE LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Listed on attached survey. T48, R25, S32 FOLIO (Property ID) Number(s) of above (attach to, or associate with, legal description if more than one) 66667505005 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 8477 Bay Colony Dr. Naples 34108 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way • SURVEY (copy — only needed for unplatted properties) CURRENT PROJECT NAME (if applicable) The Windsor at Bay Colony PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # 20220002991 Addressing Checklist (Rev 12/2021) Page 1 of 2 m c R �L c T fA 0 c 0 U L 0 c rn rn N O O 0 N N 0 N J d 0 0 ti M N H Z W 2 V Q t— H Q r c m E t 0 .r a Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 24 3.A.e Collier C01.nty Growth Management Department Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Please Return Approved Checklist By: DEmail ❑Personally picked up Applicant Name: David Knuepfer - The Windsay or at Bay Colony AGENT: Herscoe Hajjar Architects Phone: (239) 263-4010 Email: Aeent - Roberts Herscoe rhercoe(@hharch.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 Folio Number Folio Number Folio Number Folio Number Folio Number 66667505005 Approved by: f �—k Date: 7/6/2022 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR A NEW FORM SUBMITTED. Addressing Checklist (Rev 12/2021) Page 2 of 2 m c R �L c T fA 0 c 0 U L 0 c rn rn N O 0 0 N N 0 N J d 0 0 ti M N H Z w 2 V Q H H Q r c m E t v .r a Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercounb/fl.go Packet Pg. 25 3.A.e m c c a� in 0 c 0 U L 0 N O O O N N O N J d w Q Packet Pg. 26 le>s:.,:: wr County 3.A.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.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 INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the or sucn Interest: I Name and Address I % of Ownership I b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: The Windsor at Bay Colony Condominium Association Inc. (Board Members) Name and Address % of Ownership David R. Knuepfer, Board President 8477 Bay Colony Drive #1002 Naples, FL 34108 All owners share an interest and all names listed are recorded on the Collier County's Property Appraiser Lew Derrickson, Board Vice President 8477 Bay Colony Drive #702 Naples, FL 34108 Bill Larkin, Board Treasurer 8477 Bay Colony Drive #1101 Naples, FL 34108 James Geerts, Board Member 8477 Bay Colony Drive #601 Naples, FL 34108 Robert Bernstein, Board Member 8477 Bay Colonly Drive #1001 Naples, FL 34108 b. Continued: Property (Land) also part of Bay Colony Community Association, Inc. (Board Member) Please see attached SunBiz documentation for both associations. Name and Address % of Ownership Douglas Esson, Board President 8700 Bay Colony Drive, Naples, FL 34108 All owners share an interest and all Lew Derrickson, Board Vice President 8700 Bay Colony Drive, Naples, FL 34108 names listed are Earnie Novak, Board Treasurer 8700 Bay Colony Drive, Naples, FL 34108 recorded on the Collier County's Edward Scanlon, Board Secretary 8700 Bay Colony Drive, Naples, FL 34108 Property Appraiser Created 9/28/2017 Page 1 of 3 08/27/2022 W.WFAMM N O O O N N O N J d co 0 ti M N 0 H Z w 2 U Q Q r c m E t �a r w Q Packet Pg. 27 t'4 +�il�:{:i G0 ��-ir County 3.A.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net r e f 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX. (299) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e11erd1 dna/ur nrniLeu Ndruiers: Name and Address % of Ownership 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 n i It cl z, atlut- iuiuci a, uci 1t:1 ivai ica, ui Nai a JUI Zo. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of , or trust: Name and Address g. Date subject property acquired Not Applicable 08/27/2022 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 28 3.A.e Co r County COLLIER COUNTY GOVERNMENT 2800 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: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether Individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County Immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature W�� o AMA- 1FSI-beA1 Date -n*e— w I a-csox Ar r 13k-t Got�e,e+1 Y Agent/Owner Name (please print) The Windsor at Bay Colony Condominium Association, Inc. osiz�izozz r rn a) N O 0 0 N N 0 N J a 00 0 r` cM F4 Created 9/28/2017 Page 3 of 3 Packet Pg. 29 3.A.e BAY COLONY Commum7yAssoamoN Board of Governors Executive Committee Doug Esson President Lew Derrickson September 7 2022 G'ice President Ed Scanlon Secretary Ernie Novak Treasurer Collier County Growth Management James Wagner Remington 2885 Horseshoe Dr. S Kathleen Fabela Naples, FL 34104 Governors RE: Sign Variance PL20220002991 Mark Stout BayColony Shores Windsor Condo Sign (SV) Richard Lennv Biltmore Anne Taranto Brighton Greg Boll The Bay Colony Community Association, Inc. gives consent to the variance petition that Carlvsle The Windsor at Bay Colony Condominium Association, Inc. for the proposed decorative Jim Duff; sign "The Windsor" on the building of The Windsor at Bay Colony to be heated under Contessa their Porte Cochere. John Griswold The Estates Kent Johnson If you have any questions, please do not hesitate to contact me. Mansion La Palma Mary Scanlon The Marquesa SI L Robert Dondero Salerno Stephen Warm L Derrickson, Vice President The strand Bay Colony Board of Governors Michael Plante Toscana Dan Murphy Trieste Peter Barakett Villa La Palma Edward Mader Vizcaya Dave Knuepfer 9'indsor LuAnn G. Giovannelli. CCM. CAM General Manager. COO 8700 BAY COLONY DRIVE * NAPLES FLORIDA 34108 * 239-591-2202 � WWW.BAY-COLONY.ORG Packet Pg. 30 3.A.e The Ivillbor Rt �Iaj) C010111.) Condominium Association, Inc. 8477 Say Colony Drive Naples, Florida 34108 Phone: (239) 592-9646 Fax (239) 592-9639 June 20, 2022 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property located at: 8477 Bay Colony Drive, approximately three-quarters from the intersection of Bay Colony Drive and Pelican Bay, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. It is our intent to ask the County to allow us to install a decorative sign underneath the cover of the building in the Porte Cochere as a decorative feature to the main entry lobby on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sincerely, David R. Knuepfer President Packet Pg. 31 CoM.r County 3.A.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: Sign Variance (SV) DateandTime: Tuesday 5/17/22 at 1:30PM Assigned Planner: Gabriela Castro Engineering Manager (for PPL's and FP's): Project Information Project Name: Windsor Condo Sign (SV) PL#: 20220002991 Property ID #: Multi Family Current Zoning: PUD - Pelican Bay 8477 Bay ColoDR. Naples FL 34108 Project Address: ny City: State: Zip: Applicant. Rob Herscoe- Herscoe Haj jar Architects Agent Name: Rob Herscoe Agent/Firm Address: 22 10th St. South Property Owner: Windsor at Bay Colony, Please provide the following, if applicable: i. Total Acreage: Proposed # of Residential Units: Proposed Commercial Square Footage: _Phone: 643-5010 City: Naples State: FL Zip: 34102 The A Condominium For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 Packet Pg. 32 3.A.e Coler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.eov (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 https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 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@naplesgov.com Allyson Holland AM Holland (cDnaplesaov.corn Robin Singer RSinger(cDnaples- ov.com Erica Martin emartin cDnaplesaov.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 Packet Pg. 33 3.A.e Sample letter for Notification of Variance to Property Owners and Associations within 150 feet (Company Letterhead) (Date) Name Address City, State Zip Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: [Description: distance from nearest intersection, fronting street or access road. Verify with planner] It is our intent to ask the County to allow us to (describe nature of variance) on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, [Applicant's name, address, and phone number where you can be contacted] Packet Pg. 34 3.A.e C31S PROCESSINGREQUEST J"otific Lion Address Listing; Lists do not include Civic or Homeowner Associations. Submit completed form to DL-GMDNorthGIS@colliercountyfl.gov Please allow 3-5 business days for your request to be completed. NOTE: Incomplete or altered forms will not be accepted. Request Date: NIM Date (if scheduled): Name of Agent/Applicant: Business: Telephone #: PL Number (required): Folio Number(s) of Property: and/or PUD Name (required) AGENI/APPIAIC-ANT INFORMATION E-Mail: SITE LOCATION INFORMATION Buffer Distance Around Site Location (select one): [ ] 150' [ ] 500' [ ] 1,000' [ ] 1 Mile Properties Included (select all applicable): [ ] Internal [ ] External PRODUCTS Results: [ ] Names and Addresses Only [ ] Names, Addresses, and Property Descriptions Product(s) and Processing Fees [ ] Spreadsheet (MS Excel, Electronic) $70.00 [ ] Mailing Labels (Printed) $80.00 + $0.06 for every record over 1,500 [ ] Spreadsheet and Mailing Labels $85.00 + $0.11 for every record over 1,500 ADDITIONAL INFORMATION Disclaimer: The data used in this request belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided. As such, Collier County and its employees make no guarantees, implied or otherwise as to the accuracy or completeness. We therefore do not accept any responsibilities as to its use. Rev. 8/31/2021 Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive + Naples, FL 34104 • 239-252-2400 www.colliercountyff.gov I Packet Pg. 35 Co*r County 3.A.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes Y SiG►v t�Z�4w� 1��cy�.��... - Teiv:�,�eti o-�rt�'�n�y � � A77Ac i4-,D G ✓h l�l t /1/ i� a �S Ca rv�—e'Z 34 jJ" 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 r O N O O O N N O N J a w 0 M N Packet Pg. 36 3.A.e ThomasClarkeVEN From: Breining.lennifer Sent: Wednesday, May 18, 2022 11:17 AM To: ThomasClarkeVEN Subject: Pre-app notes Hi- Here are the pre-app notes for sign: Provide shielding for the illuminated sign to ensure the light does not become a nuisance to adjacent residential properties. Jeom. fergr6w'wg Coii%r CoHnty Growth Management Department Sign Plans Reviexer 2800 North Horseshoe Drive Naples, FL 34104 Phone: (239) 252-5573 Fax: (239) 252-6927 Visit our Website at: WWW.COLLIERGOV.NET How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! 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. Packet Pg. 37 Co*,r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20220002991 Collier County Contact Information: 3.A.e 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 El SharA.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov q.-v1 a c :J -r- Craig-arow+ C Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ J mie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov ❑ Maggie 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@colliercountyfl.gov ❑ Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov CI Rachel Hansen GMP —Comprehensive Planning 252-1142 Rachel. hansen@coiliercountyfLgov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humph ries@colIiercountyfLgov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov 11 John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Parker Klopf GMP —Comprehensive Planning 252-2471 Parker.klopf@colliercountyfl.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 diane.lynch @colliercountyfLgov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfLgov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 38 Co*;r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 3.A.e ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 rchard.orth@colliercountyfl.gov Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov ❑ Derek Perry Assistant County Attorney 252-8066 Derek. perry@colliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 Corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 Christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email a '2 -S coE. �Y 3 `/�IU Cat e�.� C�h a h•� T �Qe��: ��,L r d�r�r¢w uun y StbN 55 73 Updated 1/12/2021 Page 1 5 of 5 rn rn N O 0 0 N N O N J a 0 0 M N Packet Pg. 39 3.A.e Co ICY County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20220002991— Windsor Condo Sign (VA) Planner: Gabriela Castro Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request: The Windsor at Bay Colony David Knuepfer Board President 239-592-9646 • Agent to list for PL# Robert Herscoe Herscoe Hajjar Architects 239-643-4010 • Owner of property (all owners for all parcels) The Windsor at Bay Colony • Confirm Purpose of Pre-App: (Rezone etc.) Sign Variance • Please list the density request of the project if applicable and number of homes/units/offices/docks: N/A • Details about Project: Looking to install a design element sign under existing porte cochere which is under the existing building for the owners that is not a street or address sign. REQUIRED Supplemental Information provided by: Name: Rob Herscoe Title: Principal Email: rhercoe@hharch.com Phone: 239-643-4010 Cancellation/Reschedule Requests: Contact Connie Thomas -Client Services Supervisor Consuela.Thomas(@colliercountvfl.gov Phone:239-252-2473 Planning Services\Current\Zoning Staff Information Zoning Division • 28W North Horseshoe Drive • Naples, Florida 34104.239.252-2400 • wvwv.Whergov.net Packet Pg. 40 CoM,r County 3.A.e 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 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: 11 C. Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the lercentage of stock owned by each: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the )ercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 41 Co*r County 3.A.e I COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliereov.net no e f 9. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the a eneral and/or limited partners: Name and Address % of Ownership 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 I IIILefb, SwLKnU1UeIb, UerIt! IUdIleb, UI YCIILIIUI�. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of I ILeI b, II d LUf Pul dLIU11, PCII LI M[ bI IIP, VI L1 UDL. 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 0 Packet Pg. 42 Co*.r County 3.A.e COLLIER COUNTY GOVERNMENT 2800 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: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department N ATTN: Business Center o 0 2800 North Horseshoe Drive N Naples, FL 34104 0 N J a- 0 0 Agent/Owner Signature Date N 0 z w Agent/Owner Name (please print) n Created 9/28/2017 Page 3 of 3 Packet Pg. 43 CoT;r County 3.A.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Sign Variance Chapter 3 1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application meeting notes 1 4 Affidavit of Authorization signed and notarized 1 Property Ownership Disclosure Form 1 Survey or Site Plan of Property 1 Location Map depicting major streets in area for reference 1 Completed Addressing Checklist 1 Once the first set of review comments are posted, provide the assigned project manager the Property Owner Advisory Letter and Certification 1 ^ Ly' ❑ Electronic Copy of all documents and plans * Please be advised: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 LJ ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: Pre -Application Meeting: $500.00 - f M a Sign Variance Petition: $2,000.00 Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. 03/17/2017 Page 3 of 4 Packet Pg. 44 3.A.e AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220002991 i, Dave Knuepfer (print name), as President (title, if applicable) of The Windsor at Day Colony Condominium Association, Inc. osi2ai2o2z ny, If applicable), swear or affirm under oath, that I aryl the (choose one) owner applicantF7contract purchaser[7and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Rob Herscoe of Herscoe Haijar Architects, LLC to act as our/my representative in any matters regarding this petition including # through 2 above. 'Notes. « if the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." . if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. . If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. + If the applicant is a trust, then they must include the trustee's name and the words "as trustee" . In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that t facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Wphysical presence or © online notan lion this day of 20 �? by (printed name of owner or qualifier) U �- Such person(s) Notary Public must check applicable box: Are personally known to me © Has produced a current drivers license © Has produced as identification. Notary Signature: — C M-COA-001151155 REV 3/4/2020 1110, YANARYANDERSON egoy Commissiort # HH 085504 * Fxpires February 6, 2025 ��oF�a4P Bor�ded7Mu8udgelNamryserviees N O 0 0 N N O N J d 00 0 1` M N Packet Pg. 45 3.A.e �-Aaq-�a �- �j Printed Name of Notary AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to he notif ed. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this c day of �, 2022 by 17 0► o� `� �`� " , wha i person y known to me or who has produced as identification. C�� (Signature of Notary Public) &n Cam, (Notary Seal) ,�rgYPU� YANARYANDERS4N Commission # HH 085504 c� � Expires February 6, 2025 OF�ynP, Bonded TraSudgetNdarXSerwkes Packet Pg. 46 aa- c 0 rrt mp� lop -OF d IZ 'L le lk 'iON ib &49 �'�� ft =25 p -vo V%f ]I Aw P I., 4 11L Ak—xc=- A-_ ; 05� D ` § /U\ zo z !|! ElElooa m D(n19. v O �vQo ma' c 3 o 3�v 9sz a 0 (D cl e<i 7 c °� CL 3 - -a 0 CD 3 f9:�m� a0 �m §o0o c =ri3O �z - oS o smmmm .n..-0 S o m 0 y o -a3<< o o (n T m. a CD� F ° -a 60mN$ N =i a j E cm CD Ow CL M Cn 7 O N n a a � c a iD fD N M N N 0 0 0 0 � m W m a m 1 A 3 � (0 - m N 3 n a m a C. n°Di m 0 M v M (n A W N S a �. n�3-T Fa_v E..G F y 0 0 3 0� EFX 3.2 a m m m o M Q v a a- a a So y>°(-(oo 0 y c, Q c m 3 w o w Cj fD n� N LD.J l v. N �o mr ytiON NNa MO o�M CN, ( Cb U5 = O am CQ m N N � o o � 0 ` N d o 2" N C) �= N c C- n O 0 o cD c m o o n =a m O 02 O o Op o 'a a m - S S2 urr N V O CD 0 aO O N od a m ` o QF a c cp s� H m � � T w. O O O N CD < VJ T_� (Z) n 3m o m da � y � � � O m �m m � N N S N N � � N ra M as mD a M� M m� i 1O x� y � a N �3 Z 0 vm 0 ;.16D y0 n,n Attachment: ATTACHMENT D (23708 : PL20220002991 - Windsor Condo Sign Variance) y, rI 1 4 / ��} ��{L� � r sy-��i ��i �•4�"'i +.i��F'.`��1 �.��/r� rye' y h L f � lk; i r a ' r Q 14 /• r f_Gi..Y r. AW Al ojo �•� 1 41 Aft ham+ •k� } i ��■� ��/ }'"' �;� 3•r, - a�F- � `;''�.'� emu- � 3.A.e 2. Listed criteria (a-f) , pursuant to LDC subsection 5.06.08 B. a. SPECIAL CONDITIONS — the main entry to the main lobby level of this high -end condo building is above street level and therefore the location of this sign is not visible from the street. Also, it will be located under the building structure in the Porte Cochere, it is also not visible to other buildings since it is not on the face of the building. It is designed to be seen upon homeowner and guest arrival at drop off. b. LITERAL INTERPRETATION (per LDC subsection 5.06.02B.6) i. On -premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to a multi -family or single-family development and mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall maintain a 10-foot setback from any property line unless placed on a fence or wall subject to the restrictions set forth in section 5.03.02 "Fences and Walls." Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off - premises signs . Bridge signs complying with the requirements of section 5.06.02 may be substituted for ground or wall signs in residential districts. • Not applicable. (08/27/2022) b. The ground or wall signs shall not exceed a combined area of 64 square feet and shall not exceed the height or length of the wall or gate upon which it is located. • The proposed sign is over the 64 square feet combined with the existing sign which is a part of the variance CD request. (08/27/2022) o C. Architectural embellishments less than 10 square feet in area shall not N be considered signs and shall be allowed throughout the development. N However, should such architectural embellishments be located closer a than 10 feet to any sign, then the architectural embellishment shall be 00 counted toward the permitted sign area of such sign. 0 • There are no architectural embellishments within 10 feet N of this sign. (08/27/2022) o d. Official Address Numbers or range of Official Address Numbers shall be z displayed in numerals at least 6 inches high on the upper 50 percent of W the sign face and located such that it shall not be covered by = landscaping or other appurtenances. Where signs are erected v on streets that do not match the Official Address Number of the building, no address numbers shall be posted on the sign. a • No numbers to be displayed on this sign. c. SPECIAL CONDITIONS — The building was originally constructed with a Porte E Cochere located underneath the building structure. The feature would be located on a wall underneath the primary building structure not on the fagade of the building. It a is intended for the homeowners and guests to see upon arrival to the lobby and not to attract attention from the street to the building. d. SPECIAL PRIVILEGE — The location of this element does not grant this owner any special privilege or attention to its building or location, as it is not viewable from its street presence. It does not attract or detract from any neighboring buildings of similar use. e. MINIMAL RELIEF — The location and size of the sign does not negatively affect the use of the building in any way. 22 TENTH STREET SOUTH, NAPLES, FLORIDA 34102 (VOICE) 239-643-4010 (FAX) 239-643-5010 Packet Pg. 51 3.A.e f. GENERAL INTENT " the purpose of this sign element is to welcome homeowners who are proud of their residence and for their guests to feel welcome upon arrival to the building lobby. It is not to attract visitors from the street to their private building. This is a private multi -family condo and not a commercial use building looking for customers. The location of this element is not injurious to adjacent properties or otherwise detrimental to the public welfare. The location of this sign will not have any major impact on sea turtles as it will not be seen from the west beach side of the building in any way due to being on the east side of the building and being shielded by the building itself on the sides due to being inset into the Porte Cochere under the building as demonstrated in previous images. r CD CD N O O O N N O N J d O O ti M N 22 TENTH STREET SOUTH, NAPLES, FLORIDA 34102 (VOICE) 239-643-4010 (FAX) 239-643-5010 Packet Pg. 52 I� a��$ v RU R Sq Ntsvv Y� ID HARRFM RRRRRRR_R R § S, i-W R � I a e a �y d0 d7� .M A. IHMEa.o,,,,o,:C.„,ia.R a� IMPOMM®R NOTICE OF PUBLIC HEARI 3.A.f Notice is hereby given that a public hearing will be held by the Collier g Examiner (HEX) at 9:00 A.M., November 10, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider PETITION NO. SV-PL20220002991 - Request for a variance from Land Develc ,nt Code Section 5.06.02 B.6.b which allows two on -premises ground or wall signE to exceed a combined area of 64 square feet in residential districts, to instead ; r a total combined area of 75.61 square feet for two on premises ground or wall sigi nd a second variance from Section 5.06.02.13.6 which provides residential on-pr, es signs may be located at each entrance, to instead allow a second on -premise gn approximately 250 feet from the entrance to the condominium development loc at 8477 Bay Colony Drive, Naples, FL 34108 in Section 32, Township 48 South, Ra 25 East, Collier County, Florida. d v c �L 0 0 U L 0 N O O O N N O N J a All interested parties are invited to appear and be heard. All materials used in prese 00 on before the Hearing Examiner will become a permanent part of the record. or*_ Copies of staff report are available one (1) week prior to the hearing. The file can be re M 0 ed at the Collier County Growth Management Community Development Department, W ng Division, 2800 North Horseshoe Drive, Naples, FL 34104. 1-- As to any petition upon which the Hearing Examiner takes action, an aggrieved pe W ier may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier 2 ,ty Code of Laws and Ordinances within 30 days of the decision by the Hearing Exam 2 An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circui Q urt of Collier County within 30 days of the decision. In the event that the petition he H yen approved by the Hearing Examiner, the applicant shall be advised that he/she procee Q 'ith construction at his/her own risk during this 30-day period. Any construction work cor ed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will h; E :he opportunityto provide public comments remotely, as well as in person, during this proc 1g. Individuals who would like to participate remotely should register through the link p ;+ ed within the specific event/meeting entry on the Calendar of Events on the County we Q at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is ed on the County website. Registration should be done in advance of the public mee or any deadline specified within the public meeting notice. Individuals who register will ive an email in advance of the public hearing detailing how they can participate remotel, his meeting. Remote participation is provided as a courtesy and is at the user's risk. The ,ty is not responsible for technical issues. For additional information about the meeting, ise call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to par ate in this proceeding, you are entitled, at no cost to you, to the provision of certain assi ;e. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Imaples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Packet Pg. 55 Chief Hearing Examiner Collier County, Florida ND-GC10961963 NEWSIER .. - �C ✓'7' 4: � 18� nt; Ir� f! II `7 II I 6 f - •�tl�l -I top, NMI W Aw 17 I 1 I I�� -�� fir., . _ a,T,�_� ��i . •'ate_ �i L 40 i _ ,�, _ _ 99 1� ru so 3.B 11 / 10/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.13 Doc ID: 23731 Item Summary: Petition No. CU-PL20210001746 - Goodlette-Frank Road and Center Street - Request for approval of a Conditional Use to allow therapeutic equestrian riding and stabling and its expansion, superseding Resolution Nos. 2013-236 and 2000-63 and pursuant to subsections 2.03.0l.A.l.c.19 and 2.03.0l.A.l.c.24 of the Collier County Land Development Code, on ±8.95 acres located on the southwest corner of Goodlette-Frank Road and Center Street in Section 10, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator, John Kelly, Senior Planner] Commission District 2 Meeting Date: 11/10/2022 Prepared by: Title: Planner — Zoning Name: John Kelly 10/24/2022 2:16 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/24/2022 2:16 PM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Review Item Growth Management Operations & Regulatory Management Kenneth Kovensky Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending Completed 10/24/2022 5:33 PM Review Item Completed 10/24/2022 9:11 PM Completed 10/25/2022 9:33 AM Completed 10/31/2022 8:15 AM 11/10/2022 9:00 AM Packet Pg. 59 3.B.a Co ffiev County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: NOVEMBER 10, 2022 SUBJECT: CU-PL20210001746; NAPLES THERAPEUTIC RIDING CENTER PROPERTY OWNER/AGENT: Owner: Naples Equestrian Challenge, Inc. 206 Ridge Dr. Naples, FL 34112 Agents: D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 To have the Collier County Hearing Examiner (HEX) consider an application to allow therapeutic equestrian riding and stabling and its expansion, superseding Resolution Numbers 2013-236 and 2000-063, pursuant to subsections 2.03.0l.A.l.c.19 and 2.03.0l.A.l.c.24 of the Collier County Land Development Code (LDC) on four lots that have been combined for development that will total less than 20 acres located within a Rural Agricultural (A) Zoning District and further located within a Wellfield Risk Management Special Treatment Overlay District Zone W-1 (ST-WI) and/or Zone W-2 (ST-W2) dependent upon the specific location on the property. GEOGRAPHIC LOCATION: The subject properties are located at 170 and 206 Ridge Drive, located on the south side of Ridge Drive, south of Center Street and west of Goodlette-Frank Road, and are further identified as Lot 18 and Lots 19, 20, and 21, Pine Ridge, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. (See location map on the following page) CU-PL20210001746, Naples Therapeutic Riding Center Page 1 of 12 October 24, 2022 Packet Pg. 60 Z 6 Jo Z abed ZZOZ `tiZ aagoloo .aalua:D bulpl2i oijnadeaagl saldeN `9tL10006ZOZ-ld-no 0 0 Cp 0+ 3 z 0D M r 0 0 Cl In 0 w Xu C. ti Tj s z I � � lei I I xr '• k n M"•� a a.�„ Q . rk44T tq NVE W CD W W Attachment: Staff Report CU-PL20210001746 - 10242022 (23731 : PL20210001746 CU 206 Ridge Drive - Z 610 g abed ZZOZ `tiZ aagoloo .aalua:D bulpl2i oijnadeaagl saldeN `9tL10006ZOZ-ld-no C fn IN fn 1 2CHKING: A, AGRICULTURAL USE: MQR$E $TABLE rccF7r�ce�l+r«s-�� —� 6Y WIDETYPE'6' LA mg 7 r§ �Js --------------------- m � v o - o- WIL11 A11I IIWP TE 11MS f RMIlLE PATH ^--� YJA1 i W AY f*PRIVAIF f @R-per P/•hY � GENGOMTRAL r M 0 zs� h f m g �rk�nxr TGFII 15, WIDE TYPES LANDSUPE BuFFER sown reo•cxr _ ne ZONING: A, AGRICULTURAL U5E_ SINGLE FAMILY REST OENTIAL W bu D) Attachment: Staff Report CU-PL20210001746 - 10242022 (23731 : PL20210001746 CU 206 Ridge Drive - 3.B.a PURPOSE/DESCRIPTION OF PROJECT: The Petitioner, Naples Therapeutic Riding Center, Inc. (NTRC) (FKA: Naples Equestrian Challenge, Inc.), has applied for a Conditional Use (CU) as provided for in the Rural Agricultural (A) Zoning District to expand the currently authorized therapeutic equestrian riding and stabling facility existing on Lots 19 — 21 onto an additional parcel, Lot 18 (2.21f acres). A Conditional Use for sports and recreational facilities (pursuant to LDC Section 2.03.0l.A.l.c.19) and stabling on parcels less than 20 acres (pursuant to LDC Section 2.03.0I.A.l.c.24) was initially approved for Lot 21 by CU-Resolution 2000-063; this CU was then re -visited to incorporate Lots 19 and 20 and was subsequently approved as CU-Resolution 2013-236. Since this petition was initiated, the properties have been combined for development by the Collier County Property Appraiser's Office as further evidenced by the submitted Master Plan. The total unified property comprises 8.95f acres. This petition will re-evaluate the existing conditions of approval, many of which are lot specific, to better serve the unified properties as a single development. The proposed Conditional Use will modify the existing Master Plan by incorporating Lot 18 into the facilities campus and make other site revisions which will include the expansion of the existing stable/barn located at the intersection of Goodlette-Frank Road and Center Street, adding an additional covered riding arena, and construction of a one-story office building to replace the existing residence that has been used for office space on Lot 20 and fronting on Ridge Street. The existing single-family residence on the newly acquired parcel, Lot 18, will be used to house employees on -site as caretakers of the property and horses; a detached garage and fenced paddocks for horses will be added. The main entrance to the facility will be from Center Street, there will be a gated Emergency Exit on Lot 20, and the existing driveway will be maintained on Lot 18 for use by the occupants of the residence therefore there will be no traffic impacts to Ridge Drive. As per the petitioner, the NTRC was established in 1995 at its current location and has been an M internationally accredited organization since 2000 with the mission to provide therapeutic riding and equine programs for children and adults with disabilities. The demand for equine therapy has N increased over the years and NTRC wishes to continue to provide such therapeutic programs for N disabled area residents. SURROUNDING LAND USE & ZONING: North: Center Street (Right -of -Way) then a developed single-family dwelling, guest house, and stables with boarding requiring a Conditional Use (see INTP-2003-AR-4883) located within a Rural Agricultural (A) Zoning District East: Goodlette-Frank Road (Right -of -Way) then the North Naples United Methodist Church and undeveloped portions of a residential component of the 300 Acre Goodlette Road Planned Unit Development (PUD) South: A single-family dwelling located within a Rural Agricultural (A) Zoning District West: Ridge Drive (Right -of -Way) then a single-family dwelling opposite each of the four lots comprising the subject unified property all within a Residential Single-Family-1 E (RSF-1) Zoning District r r Q CU-PL20210001746, Naples Therapeutic Riding Center Page 4 of 12 October 24, 2022 Packet Pg. 63 3.B.a f y Collier County - GIS GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: H Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Urban designation allows agricultural activities as defined in the Land Development Code (LDC). LDC Section 2.03.0I I.A. Lc identifies the proposed uses as Conditional Uses within the Rural Agricultural Zoning District. Based on the above analysis, staff finds the request for Conditional Uses #19 and #24 of the Rural Agricultural Zoning District consistent with the FLUE of the GMP. CU-PL20210001746, Naples Therapeutic Riding Center Page 5 of 12 October 24, 2022 Packet Pg. 64 3.B.a Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service (LOS) Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " According to the Transportation Impact Statement (TIS) provided with this petition dated July 1, M 2022 (revised) the proposed Naples Therapeutic Riding Center will generate a projected total of N +/-54 PM peak hour, 2-way trips on the adjacent roadway network which represents an increase of +/-27 PM peak hour trips for the proposed expansion. The additional +/-27 PM peak hour trips c will occur on the adjacent roadway, which is Goodlette Frank Road, link 24.2, currently operating at a LOS of "C" with a remaining capacity of 902 trips based on a peak capacity -peak direction service volume of 2,400 trips -north bound, according to the 2021 AUIR. The additional +/-27 PM peak hour trips represent an approximately 0.31 percent impact on this roadway link. Therefore, ti the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element c of the Growth Management Plan, and as noted above the TIS indicates that the adjacent roadway network has sufficient capacity to accommodate this development within the 5-year planning N period. Therefore, Transportation Planning Staff recommends approval of this petition. a Transportation Review: The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at the time of Site Development Plan (SDP) review. Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site has been cleared; no preservation is required. CU-PL20210001746, Naples Therapeutic Riding Center Page 6 of 12 October 24, 2022 Packet Pg. 65 3.B.a Environmental Review: Environmental Services staff has reviewed the Conditional Use petition to address environmental concerns. The property was cleared of vegetation by the issuance of a Vegetation Removal Permit (VRP) to remove invasive exotic vegetation from the property (Permit #PL20210002338). The property has been maintained devoid of native midstory vegetation and ground cover; the existing trees onsite do not meet the native vegetation preservation requirements of LDC Section 3.05.07.A; as such no preservation of native vegetation is required. The property is in Wellfield Risk Management Special Treatment Overlay zones (ST/ W-1 and ST/W-2). The proposed land use is existing and does not propose to store or handle hazardous material on the property. The current use is not regulated by LDC Section 3.06.00. No listed animal species were observed on the property; however, Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicate the presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at PPL or SDP review. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Landscape Review: The buffers labeled on the CU-Master Plan are consistent with the requirements of the LDC. STAFF ANALYSIS: M ti M When considering a Conditional Use petition, the Hearing Examiner must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not c adversely affect other property of uses in the same district or neighborhood; 2) all specific N requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: cm 1. Section 2.01.03.A.1.c of the LDC permits conditional uses in the PUD zoning district. This specific petition is to allow for the expansion of an existing therapeutic equestrian riding and stabling facility; said uses are allowed as Conditional uses subject to the standards and procedures established in section 10.08.00, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code and the Growth Management Plan. As noted above, this proposal is consistent with the applicable provisions of the FLUE, the Transportation Element, and the CCME Element; therefore, the petition is consistent with the Cn overall GMP. With the drafted Conditions of Approval, see Attachment A, the proposal may also be found consistent with all applicable provisions of the LDC. E U r r a CU-PL20210001746, Naples Therapeutic Riding Center Page 7 of 12 October 24, 2022 Packet Pg. 66 3.B.a The subject property is located entirely within a Wellfield Risk Management Special Treatment Overlay, portions within Zone W-1, and others within Zone W-2 as identified within LDC Section 3.06 and the Official Zoning Atlas. The LDC describes the purpose and intent of establishing the ST zones around regulated public water supply wells. The agricultural uses of the property for equine therapeutic riding and stabling are not regulated within the ST zones and there are no hazardous materials to be stored or used on the property. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The provided Transportation Impact Statement (TIS) notes that the NRTC's primary access is on Center Street, which is the only means of ingress/egress for guests, riders, and volunteers. It is further noted that there is an existing gated entrance on Lot 21, from Ridge Drive, that will only be used by NTRC management staff. There is also a gated driveway from Lot 20 to Ridge Drive that will be used only for the purpose of emergency egress. The residential access serving Lot 18 will remain intact and will only be used by occupants of the residence. This information is consistent with the Master Plan; see Attachment B. Transportation staff has reviewed this petition and is recommending approval. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic, or odor effects. The proposed uses, therapeutic riding center and stabling on property of less than 20-acres, N received initial Conditional Use approval for Lot 21 by means of Resolution No. 2000-63 on a. February 23, 2000, and expanded onto Lots 19 and 20, by means of Resolution No. 2013-236 which was adopted on October 8, 2013. The proposed facility improvements should have no M additional impact on neighboring properties. The newly added 2.12-acre parcel, Lot 18, will continue to be used for residential purposes and as the property is located within an A Zoning N District the LDC allows for up to 2 horses per acre. Other proposed changes include the N expansion of the stable/bam, addition of a 9,200+- square foot covered riding arena, to use a o portion of Lots 19 and 20 for administrative offices, additional horse stables, riding ring and training areas. The covered training arena will be internally lighted and located toward Goodlette-Frank Road, away from the existing residence. Only outdoor security lighting will c be used on the balance of the parcel. Buffers will comply with LDC requirements which will o insure compatibility with nearby residences. o The petitioner is proposing changes to the existing Conditions of Approval contained within Resolution 2013-236; specifically (words underlined are new, strikethroughs are to be removed): Conditions of Approval with Justifications 1. No office or business space rental to outside entities. 2. The additional o on Lots 19 and on will not o e the ,,ibe - f program t U r Q CU-PL20210001746, Naples Therapeutic Riding Center Page 8 of 12 October 24, 2022 Packet Pg. 67 3.B.a New Condition #14 will adequately address the maximum number of program participants, this condition is no longer necessary. -3. 2. No participant programs are to be held on Sunday on rots 19 .,,,a n This condition is to apply to the entire riding center. 4 3. Special events open to the public shall be limited to 4 events per year on Lots 19, and 21 and follow LDC 5.04.05 temporary event permitting requirements. This condition is to apply to the entire riding center. 4. Maximum building height for principal structures on Lots 20 and 19 will be 25' zoned building height, except as may be permitted in LDC 4.2.0I.D.1., exemptions and exclusions from design standards. All new structures must meet the minimum 50-foot front yard setback from Ridge Drive or Center Street. 5. Outside lighting shall be limited to low intensity bollards; or pole lighting with cutoff N fixtures, and no exterior lighting is allowed except as necessary for security and N safety. Lights shall be shielded or directed on Tots 19 and 20 to avoid light overflow a. on adjacent property. M ti M 6. Maximum number of stabled horses on Tots 19 and 20 will be b 22 horses. The original Equestrian Challenge operated a 10 stable therapeutic riding facility on Lot 21 prior to the CU approval for the facility in 2000. The limitation of 2 horses per acre is not applicable to a stabling facility approved through the Conditional Use Process. The facility has limited the total number of horses to 22, which can be accommodated in the proposed expanded barn and paddocks. 7. No amplified sound equipment or systems are allowed on Lots 18, 19, and 20. Incorporates the new lot which is adjacent to a single-family dwelling. 8. Adjacent to Ridge Drive on rots 19, 20, and 21 , an LDC 4.06.02 Type C landscape buffer shall be provided and a Type B landscape buffer will be provided on Lot 41 18 between Lots 43 18 and 4-8 17. Will be maintaining the same buffer type along Ridge Drive and increasing the buffer between the newly obtained lot and that of the neighboring residence to the south. 9. Landscape buffers will be installed with the first vertical construction. a CU-PL20210001746, Naples Therapeutic Riding Center Page 9 of 12 October 24, 2022 Packet Pg. 68 3.B.a Parking to be provided per LDC requirements based on stable and office areas only. 10. The emergency gate on Ridge Drive will be constructed of solid decorative material. 44. 11. Any metal roofing will be colored to remove glare. 12. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and volunteer training as well as board meetings may extend to 9:00 pm. 13. No street parking or parking on the perimeter of Lots 19, 20 and '" the subject ro e • Mr WeMM This condition has been satisfied Access to newly added Lot 18 will remain to serve the residential structure. 14. T —*- 10710 and 21 aro The facility limited to a 400 320 therapeutic rider program participants eapaeit-y per week. Due to NTRCprogramming standards, the maximum number of weekly riders will be 320. M N 15. Access to the equestrian riding and stabling facility shall be limited to Center Street. No participants, volunteers or guests shall use local streets in Pine Ridge Subdivision as through -traffic to other areas of the County, except for residents of Pine Ridge Subdivision. 16. This approval is for a non-commercial, not -for -profit, therapeutic equestrian riding facility. 5. Compatibility with adjacent properties and other properties in the district. The NTRC (FKA: the Naples Equestrian Challenge) has been operating its therapeutic riding programs at the subject location for over 20 years and has developed a positive relationship with surrounding homeowners. Structures will be constructed to satisfy the setback requirements set forth for the A Zoning District and outdoor activities will have operational hours consistent with those of the existing riding center. Staff believes that with the recommended conditions and limited operating hours the project will continue to be compatible with the neighborhood. Staff, therefore, believes that the proposed Conditional Use to allow an expanded therapeutic equestrian riding and stabling facility may be deemed compatible with the neighboring properties. Furthermore, staff believes the recommended conditions of approval contained within Attachment B adequately protect the public's interest. CU-PL20210001746, Naples Therapeutic Riding Center October 24, 2022 Page 10 of 12 Packet Pg. 69 3.B.a ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a duly noticed NIM on August 9, 2022, at the existing NTRC facility, located at 206 Ridge Drive, Naples, Florida. Wayne Arnold, the applicant's agent, opened the meeting at approximately 5:35 p.m.; the meeting was simultaneously conducted remotely via Zoom, however, there were no remote participants. NTRC staff was made available to answer questions. A sign -in sheet was used; however, was not provided to staff. It is estimated that there were approximately 10 neighbors of the facility in attendance. The meeting lasted 17 minutes. Mr. Arnold provided a presentation that included the proposed Master Plan, graphic depictions of the facility, a verbal description of the project, as well as the proposed changes to the existing Conditions of Approval; said exhibits are contained within Attachment C, together with the mailing list and advertising for this NIM. Concerns expressed by neighbors were primarily about the buffers and fencing. It was explained c that the new fencing and buffering would be consistent with that which presently exists on the N other three lots. It was further explained that they would need to satisfy the County's requirement N for a "Type B" buffer. An additional concern was with respect to ingress and egress. It was a explained that the new access on Ridge Drive would only be for use by residents of the existing dwelling which will house the facilities caretakers. M N CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CU- PL20210001746, to allow for the expansion of the existing Naples Therapeutic Riding Center facility by incorporating Lot 18 thereby approving therapeutic equestrian riding and stabling on property less than 20 acres in size within an A Zoning District pursuant to LDC Sections 2.03.0l.A.1.c.19 and 2.03.0l.A.l .c.24 and to amend the current Conditions of Approval contained within Resolution No. 13-236, as set forth in Attachment A and to accept the revised CU-Master Plan depicted within Attachment B. Attachments: A. Conditions of Approval B. CU-Master Plan C. Resolution 2013-236 D. Resolution 2000-063 CU-PL20210001746, Naples Therapeutic Riding Center October 24, 2022 Page 11 of 12 Packet Pg. 70 3.B.a E. Applicant's Backup — Application and Supporting Documents r M ti M F4 CU-PL20210001746, Naples Therapeutic Riding Center October 24, 2022 Page 12 of 12 Packet Pg. 71 3.B.b Naples Therapeutic Riding Center CU (PL20210001746) Conditions of Approval 1. No office or business space rental to outside entities. 3-2. No participant programs are to be held on Sunday ^^ Lets ° -;;Ad- 20 4.3. Special events open to the public shall be limited to 4 events per year eR Lets 19'n and wand follow LDC 5.04.05 temporary event permitting requirements. 5-4. Maximum building height for principal structures ^^ i ets 'n -.Ad .- ,° will be 25' zoned building heightheight, except as may be permitted in LDC 4.2.01.D.1., exemptions and exclusions from design standards. �5. Outside lighting shall be limited to low intensity bollards,— or pole lighting with cutoff c fixtures and no exterior lighting is allowed except as necessary for security and safety. 0 i Lights shall be shielded or directed en ets 1 ° and 20 to avoid light overflow on adjacent N property. a 9-.6. Maximum number of stabled horses ^^ i A-t ° - n,l 20 will be &22 horses. r M M N 9-.7. No amplified sound equipment or systems are allowed on Lots 19 and 20. 3�8. Adjacent to Ridge Drive en Lets 19, 20 and 21, an LDC 4.06.02 Type C landscape buffer shall be provided and a Type B landscape buffer will be provided on Lot 4-9-18 between Lots 4-9-18 and 3917. 34-.9. Landscape buffers will be installed with first vertical construction. 4-3-710. The emergency gate on Ridge Drive will be constructed of solid decorative material 44.11. Any metal roofing will be colored to remove glare. August 16, 2022 W GradyMinor Conditions of Approval-r2.docx Civil bnginccrs • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Page 1 of 2 Packet Pg. 72 3.B.b 4-5712. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and volunteer training as well as board meetings may extend to 9:00 pm. 4-6-713. No street parking or parking on perimeter ofLets 19 20 and "the subject property 3-8-.14. Lets 19,20 and z1aFe—The facility is limited to a 400320 therapeutic rider program participants capacity per week. 44715. Access to the equestrian riding and stabling facility shall be limited to Center Street. No participants, volunteers or guests shall use the local streets in Pine Ridge subdivision as through -traffic to other areas of the County, except for residents of Pine Ridge subdivision. 24716. This approval is for a non-commercial, not -for -profit, therapeutic equestrian riding facility. August 16, 2022 Page 2 0 2 Conditions of Approval-r2.docx Packet Pg. 73 ZONING: A, AGRICULTURAL USE: HORSE STABLE I A 1 ------J----------------------------------------- ----------------------- _ CENTER STREET I------__-_._.__-- -NORTH PROPERTY LINE ---- -_- -_- --m� --..:D1 DSC BUFFER og y"- --------- - - m L > �Znm I -------- ---- A------------ ---------------------------------------- ----------- Q-i ._.... .r.�.__.. _.... I _v >� b= o v m AOO z z I / Z��.. .......� a icy {e_a a y v m D rTi g v y; 50'-0 BLG - _ _ - +� " Z - - - x N o Z ICI SETBACK b i 'a y —z- 2 - C I9� V � m D z_- 3� <, Im° 9 .x DAe co � II� --�-- ---- -� !! �i"F c cn n 0 Y - o 0 Z s "{ IT 31011 p ?yc"i "�I i b lOI m n 011 m m T, 11 D << k i �. Im >o oo Ij m o A m 11 Iv m oLr 0 O pil N? m oco z v b p n ; D m°� 8 0 - --- --- 9 -- --- -- m z < z`o 0' g D o o T o -0 d LF 0 0 1 m x m o AI m i z ro§ m m C n IX v_ I'. z °II o A m < z ~D I m D \ \'---------------------- l ------------ ---+-r - G) OO C_-o- o I__•I I m------WALKWAY /�PRITMATEsDRIIV�EsH .c179-.� o ms 'n o o i I m I m r x N� 4 p I J jjjl 1 / cu \ut m -- , A D \\ z gym= o o o L Yf ° WALKtAU.y. PwllTxAa LIEisQ�RiclVansEe �DRc'DU.LEo sPilAiTo s aaffosue _____________________ "�I__---- _____ 1 ___ _____________ __ __________________________________________PPI-------__,_ _____ j ------------------- --- -------------------------{k---------________-_______________ _'__-- --- ------------- --- ----- --- ----- o SENSORY TRAIL r o 0 o 0 o ic� i y 00 o o o i� c b 1 c 1 A:: 94'-0' - 0 91'-0• m z 'M x O IT, Zy mA 0 0 z z 2 SENSORY TRAIL 15' WIDE TYPE'B' LANDSCAPE BUFFER SOUTH PROPERTY LINE S ZONING: A, AGRICULTURAL > e USE: SINGLE FAMILY RESIDENTIAL p m 0 0 Z $ nrcncnmem. nnecnmen�e cu xeanr rlen Iz3]31 :r�zoz,aao, Tae cu zae 5 m.- p Tn a cal 5c Berl ' 3.B.d RESOLUTION NO. 13- 2 3 6 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THERAPEUTIC EQUESTRIAN RIDING AND STABLING ON PROPERTY LESS THAN 20 ACRES IN SIZE WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.0l.A.l.c.19 AND 2.03.0l.A.l.c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOODLETTE-FRANK ROAD AND CENTER STREET IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION CU- PL201100007191 WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and M constituted planning board for the area hereby affected, has held a public hearing after notice as M in said regulations made and provided, and has considered the advisability of a Conditional Use to allow therapeutic equestrian riding and stabling on property less than 20 acres in size within a N Rural Agricultural zoning district pursuant to Subsections 2.03.0I.A.l.c.19 and 2.03.0I.A.l.c.24 M of the Collier County Land Development Code on the property hereinafter described, and the N Collier County Planning Commission has made findings that the granting of the Conditional Use c will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made N concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and t; WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20110000719 filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A. representing Naples Equestrian Challenge, Inc. with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use Naples Equestrian Challenge, Inc. I of 2 CU-PL20110000719 — Rev. 9/09/13 Packet Pg. 75 3.B.d to allow therapeutic equestrian riding and stabling on property less than 20 acres within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.19 and 2.03.0I.A.l .c.24 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B", and subject to the Conditions of Approval found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super -majority vote this V� day of 2013. ATTEST IJ�VVI .L i' E,- BROCK, CLERK Attest as 5ignaturo4nly. Approved as to form and legality: mily R. P4in E P.P �111113 Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions of Approval CP\ 13-CPS-01225\34 : BOARD QF ZONING GEOgGIA A. HILLER, ESQ. A Naples Equestrian Challenge, Inc. 2 of 2 CU-PL20110000719 — Rev. 9/09/13 Packet Pg. 76 Exhibit A Legal Description ALL OF LOTS 19 & 20, BLOCK I, OF PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 20, BLOCK I OF THE PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID LOT 20, N 90° 00' 00" E, A DISTANCE OF 478.94 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK I; THENCE ALONG SAID EAST LINE S 01 ° 53' 23" W, A DISTANCE OF 400.22 FEET TO THE SOUTHEAST CORNER OF LOT 19 OF SAID BLOCK I; THENCE ALONG THE SOUTH LINE OF SAID LOT 19 N 900 00' 00" W, A DISTANCE OF 465.74 FEET TO THE WEST LINE OF SAID BLOCK I; THENCE ALONG SAID WEST LINE N 000 00' 00" E, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING CONTAINING 4.34 ACRES, MORE OR LESS. Packet Pg. 77 V n X CD CQ V 00 n ,p O C �Zm x 2 C m Z m @ m a �y n n m N n N 9 m A .ypL S MVATE DRIVE / BRIDLE PATH , 111I111 JOB I211 1111IM 1111 I111 111I111 1111 I��I ��t M MI��11111 M scurH �- —1. -, !I II ri �Ir 1 o y I Itl n II I III II II f III fi I If I III II ' II fill II III I III (I II fill N II 11fl II III I II It it III It II I U� II III I II I II ' II I I II g II it if it I it IN 11 'It fill it I If 1111 If 111 till II II t III II III 1 III II ' it 1 III II III I III I( II I III II � II i III It III I III II � II t III 11 II 1 41 II I it t III II II III II I If III tl II III II II 1 III II III i III II II t I it II II I III N III I III fl ' II 1 III II III I III II II III II if Attachment: Attachment C - Resolution 2013-236 (23731 : PL20210001746 CU 206 Ridge Drive - Naples 3.B.d CONDITIONS OF APPROVAL FOR CU-PL20110000719 1. No office or business space rental to outside entities. 2. The additional uses on Lots 19 and 20 will not increase the number of program participants by more than 200 participants overall. 3. No participant programs are to be held on Sunday on Lots 19 and 20. 4. Special events open to the public shall be limited to 4 events per year on Lots 19, 20 and 21 and follow LDC 5.04.05 temporary event permitting requirements. 5. Maximum building height for principal structures on Lots 20 and 19 will be 25' zoned building height. 6. Ridge Drive setback for principal structures will be consistent with the existing principal structure on Lot 20. 7. Outside lighting shall be limited to low intensity bollards, and no exterior lighting is allowed except as necessary for security and safety. Lights shall be shielded or directed on Lots 19 and 20 to avoid light overflow on adjacent property. 8. Maximum number of stabled horses on Lots 19 and 20 will be 6 horses. 9. No amplified sound equipment or systems are allowed on Lots 19 and 20. M N_ 10. Adjacent to Ridge Drive on Lots 19, 20 and 21, an LDC 4.06.02 Type C landscape buffer shall be provided and a Type B landscape buffer will be provided on Lot 19 between Lots 19 N and 18. r 11. Landscape buffers will be installed with first vertical construction. 12. Maximum parking spaces shall be 52 spaces. 13. The emergency gate on Ridge Drive will be constructed of solid decorative material. 14. Any metal roofing will be colored to remove glare. 15. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and volunteer training as well as board meetings may extend to 9:00 pm. 16. No street parking or parking on perimeter of Lots 19, 20 and 21. EXHIBIT C Page 1 of 2 Packet Pg. 79 3.B.d 17. The southerly access on Ridge Drive shall be closed within 120 days of this conditional use, except for emergency access for emergency service vehicles. 18. Lots 19, 20 and 21 are limited to a 400 program participant capacity per week. 19. Access to the equestrian riding and stabling facility shall be limited to Center Street. No participants, volunteers or guests shall use the local streets in Pine Ridge subdivision as through -traffic to other areas of the County, except for residents of Pine Ridge subdivision. 20. This approval is for a non-commercial, not -for -profit, therapeutic equestrian riding facility 13-CPS-01225/41-Rev. 10/10/13 Page 2 of 2 Packet Pg. 80 3.B.e 13A 1 RESOLUTION 2000-__§ 3 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A THERAPEUTIC EQUESTRIAN RIDING FACILITY CONDITIONAL USES 19 AND 24 IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and c constituted planning board for the area hereby affected, has held a public hearing after notice as in said N J a regulations made and provided, and has considered the advisability of Conditional Uses 19 and 24 of M Section 2.2.2.3 in an "A" Zone for a therapeutic equestrian riding facility on the property hereinafter M N described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement Cl) to have been made concerning all applicable matters required by said regulations and in accordance with o 0 0 Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and o N WHEREAS, all interested parties have been given opportunity to be heard by this Board in a o public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- Packet Pg. 81 13A 1' The petition filed by Karen Blackwell representing Naples Equestrian Challenge Center, L. C. with respect to the property hereinafter described as: Lot 21, Block 1, Pine Ridge subdivision as recorded in Plat Book 3, Page 24, of the Official Records of Collier County be and the same is hereby approved for Conditional Uses 19 and 24 of Section 2.2.2.3 of the "A" Zoning District for a therapeutic equestrian riding facility in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this — day ofseLUn&a�, 2000. ATTIESf DWIGHT E. BRO,c,k, CIerk Attest.as t;�ca W-1I S� Wtdforni and Legal, Spfficiency,: Mami M. Scuderi Assistant County Attorney R'.IN W RMWTIDN/CUA9-3ft R DC -2- BOARD OF ZONING)APPEALS COLLIER MINTY, FLORIDA j/ BY: TIM TINY J. NS NTINE, CHAIRMAN Packet Pg. 82 3.B.e 13A 1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-30 The following facts are found: 1. Sections 2.2.2.3.10 and 2.2.2.3.19 and 2.2.2.3.24 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pl,�ai: Yes I/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & � ss Yes No C. Affects neighboring properties in relation to noise, glared "economic or odor effects: ✓ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distric . Compatible use hin district Yes No Based on the above findings, this conditional use shou with stipulations, (copy attached)re ommend for approval e DATE: MEMBER: VICE-CHAI P/Gdrr eA INDING OF FACT 3EMMUC,U-99_30 Exhibit "A" Packet Pg. 83 RIDGE DRIVE 60' RIGHT OF WAY rn o c� x C3 r*� GOODLErrE-FRANK ROAD WilsoMiller x ; CONCEPTUAL MASTER PLAN Exhibit "B" n rt �Q W 0 Attachment: Attachment D - Resolution 2000-063 (23731 : PL20210001746 CU 206 Ridge Drive - Naples 3.B.e 13A 1' CU-9930 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, prior to Site Development Plan approval. 3. An application for Site Development Plan approval shall be submitted to the Planning Services Director within 60 days of approval of this Resolution. 4. This approval is for a therapeutic equestrian riding facility only, Any other use that is not permitted by right shall require approval of another Conditional Use. EXHIBIT "C" Packet Pg. 85 3.B.f Naples Therapeutic Riding Center (PL20210001746) Application and Supporting Documents November 10, 2022 HEX Meeting MGradyMinor Civil Engineers • Land Surveyors • Planners • landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-] 144 • engineering@gradyminor.eom • www.gradyminor.a Packet P j. 86 GradyMinor 3.B.f Civil Engineers • Land Surveyors • Planners • Landscape Architects April 25, 2022 Mr. John Kelly, AICP Collier County Growth Management Department Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Naples Therapeutic Riding Center CU (PL20210001746), Submittal 1 Dear Mr. Kelly: An application for Public Hearing for a Conditional Use (CU) is being filed electronically for review The subject property is 8.95+/- acres in size and is located at 170 and 206 Ridge Drive. The Naples Therapeutic Riding Center recently acquired Lot 18 of Pine Ridge subdivision, which is immediately south of the existing facility which operates on Lots 19-21 of Pine Ridge Subdivision. A conditional use for sports and recreational facilities and stabling on less than 20 acres was approved in 2000 (CU Resolution 2000-063) and 2013 (CU Resolution 2013-236). The proposed Conditional Use proposes to modify the Conditional Use Site Plan to incorporate the newly acquired property into their campus, and to make other site revisions which will include the expansion of the existing stable/barn located at the intersection of Goodlette-Frank Road and Center Street, adding an additional covered riding arena, and construction of a one-story office building to replace one of the residential structures, which has been utilized for the NTRC offices. The newly acquired property contains a single-family residence. The new Conditional Use Site Plan identifies that the home will remain and fenced paddocks for horses will be added. The residence will be utilized to house employees on -site to care for the horses and property. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for Conditional Use 3. Evaluation Criteria 4. Pre-app Notes 5. Affidavit of Authorization 6. Addressing Checklist Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239-947-1144 • Fax. 239-947-0375 EB 0005151 • LB 0005151 • LC 26000266 www.gradvminor.com Packet Pg. 87 Mr. John Kelly, AICP RE: Naples Therapeutic Riding Center CU (PL20210001746), Submittal 1 April 25, 2022 Page 2 of 2 7. Property Ownership Disclosure Form 8. Warranty Deed(s) 9. Boundary Survey 10. LLA-AR-13776 11. Plat 12. Previous Approvals 13. Conditions of Approval 14. Conditions of Approval Justifications 15. Conceptual Site Plan 16. Environmental Data 17. Traffic Impact Study 18. Historical and Archeological Waiver Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Naples Equestrian Challenge, Inc. GradyMinor File (NTRCCU-20) 3.B.f Packet Pg. 88 3.B.f Coffier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 — 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑ A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑■ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): Naples Therapeutic Riding Center, Inc. Name of Applicant if different than owner: Address: 206 Ridge Drive Telephone. 239-596-2988 Cell: City: Naples E-Mail Address: billswartzdvm@gmail.com State: FL ZIP: 34108 Fax: Name of Agent(s): D. Wayne Arnold, AICP / Richard D. Yovanovich, Esq Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey Telephone: 239-947-1144 Cell: / Coleman, Yovanovich & Koester, P.A. City: Bonita Springs State: FL Fax: ZIP: 34134 E-Mail Address: warnold@gradyminor.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. 5/08/2018 Page 1 of 12 Packet Pg. 89 3.B.f Coffier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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/Index.aspx?page=774. Name of Homeowner Association: Pine Ridge Civic Association of Naples, Inc. Mailing Address: 145 Caribbean Ct City: Naples State: FL Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: ZIP: 34108 City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: PROPERTY INFORMATION On separate page, 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 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. Property I.D. Number: 67185000007 and 67185120000 Plat Book: 3 Page #: 24 Section/Township/Range: 10 / 49S / 25E Subdivision: Pine Ridge Lot: 18, 19, 20 & 21 Block: I Metes & Bounds Description: See Boundary Survey Size of Property: 874+/-ft. X 472+/- ft. = 389,862+/- Total Sq. Ft. Acres: 8.95+/- Address/ General Location of Subject Property: 170 and 206 Ridge Drive 5/08/2018 Page 2 of 12 Packet Pg. 90 3.B.f Coffier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning land Use N A and RSF-1 Stable and Residential S A Residential E ROW and PUD Goodlette Frank Road and Three Hundred Acre Goodlette Rd (church and residential) W A and RSF-1 Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: N.A. / N.A. / N.A. Lot: N.A- Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A Property I.D. Number: N.A. Metes & Bounds Description: N.A. CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the A zoning district for ** see below (type of use). Present Use of the Property: Vacant Lot and Naples Equestrian Challenge, Inc. **Uses 19 and 24 of Section 2.03.01(A)(1)(c) of the Land Development Code, continued use of the existing therapeutic equestrian riding facilitv and stabling on parcels less than 20 acres in size. 5/08/2018 Page 3 of 12 Packet Pg. 91 COAT County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 CA of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. 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. 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? ❑■ No ❑ Yes (If yes please provide copies.) 5/08/2018 Page 4 of 12 Packet Pg. 92 3.B.f Coffier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): Naples Address: 206 Ridge Drive Telephone: 239.596.2988 Therapeutic Riding Center, Inc. Cell: E-Mail Address: msaracino@ntrc.org City: Naples State: FL Fax: Address of Subject Property (If available): 170 and 206 Ridge Drive City: Naples State: FL ZIp. 34108 LEGAL DESCRIPTION Section/Township/Range: 10 / 49 / 25 Lot: 18,19,20&21 Block: I Subdivision: Pine Ridge ZIP: 34108 Plat Book: 3 Page #: 24 Property I.D. Number: 67185000007 and 67185120000 Metes & Bounds Description: * (*See Boundary Survey) TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name:. d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System X❑ TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System C. Franchised Utility System d. Private System (Well) ❑ PROVIDE NAME x❑ Total Population to be served: 10 participants and 10 empl (5 gpd/participant) (15 gpd/empl) Peak and Average Daily Demands: A. Water -Peak: 260 GPD Average Daily: 200 GPD B. Sewer -Peak: 300 GPD Average Daily: 200 GPD 5/08/2018 Page 5 of 12 Packet Pg. 93 COAT County 3.B.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: Existing connection 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. T M ti M N 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. 5/08/2018 Page 6 of 12 Packet Pg. 94 COAT County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer 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 F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. 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. 5/08/2018 Page 7 of 12 Packet Pg. 95 COAT County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑■ A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review # Of Copies Required Not Required Completed Application (download current form from County website) 1 ® ❑ Cover letter briefly explaining the project 1 ✓ Pre -Application Notes 1 ✓ Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Property Ownership Disclosure Form 1 ® ❑ Warranty Deed(s) 1 V ❑ Boundary Survey 1 a✓ ❑ Conceptual Site Plan 24" X 36" plus (one 8 Y2 X 11 copy) ❑ ✓ Plans showing proposed location for utilities, if required ❑ ✓ Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ ❑ 0✓ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ ❑ ❑✓ Plans showing the proposed signs and lighting, including type, dimensions, and character, if required ❑ ❑ ❑✓ Architectural Rendering of Proposed Structure(s), if applicable 1F ❑✓ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 21 ❑ Statement of utility provisions (with all required attachments & sketches) 1 ✓ Environmental Data Requirements, pursuant to LDC section 3.08.00 1 �/ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ ❑ ✓❑ Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 ✓ Traffic Impact Study (TIS) or waiver 1 ❑✓ Historical and Archeological Survey, or waiver 1 ✓ ✓ Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑✓ ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 5/08/2018 Page 8 of 12 Packet Pg. 96 3.B.f cooffier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the followine additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Conservancy of SWFL: Nichole Johnson ❑ GMD Graphics ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams ❑ Immokalee Water/Sewer District: ❑ Other: ❑ School District (Residential Components): Amy Lockheart Communication Towers: ❑ I Mosquito Control ❑ I Collier County Airport Authority ❑ I Naples Airport Authority Commercial Mining: ❑ Impact Fees 5/08/2018 Page 9 of 12 Packet Pg. 97 COAT County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS All checks payable to: Board of County Commissioners Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5t" and subsequent reviews: 20% of original fee Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): _J d $2, 500.00 Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 Transportation Fee, if required: M N o Methodology Review Fee: $500.00 .. o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 m E Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 M U Estimated Legal Advertising Fee for the BZA, if required: $500.00 ,° Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 LP 06/17/2022 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) 5/08/2018 Page 10 of 12 Packet Pg. 98 3.B.f Coffier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. 5/08/2018 Page 11 of 12 Packet Pg. 99 3.B.f Coffier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAQ The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. 5/08/2018 Page 12 of 12 Packet Pg. 100 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) Evaluation Criteria Pursuant to LDC section 10.08.00 and Chapter 3 CA of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. Narrative The Naples Therapeutic Riding Center (NTRC) was approved in 2000 with the mission to provide therapeutic riding and equine programs for children and adults with disabilities. The demand for equine therapy has increased over the years and NTRC wishes to continue to provide therapeutic programs for those area residents who have disabilities. The Naples Therapeutic Riding Center recently acquired Lot 18 (2.1± ac.) of Pine Ridge subdivision, which is immediately south of the existing facility which operates on Lots 19-21 of Pine Ridge Subdivision. The total campus acreage with lot 18 will be 8.95± acres. A conditional use for sports and recreational facilities and stabling on less than 20 acres was approved in 2000 (CU Resolution 2000-063) and 2013 (CU Resolution 2013-236). The proposed Conditional Use proposes to modify the Conditional Use Site Plan to incorporate the newly acquired property into their campus, and to make other site revisions which will include the expansion of the existing stable/barn located at the intersection of Goodlette-Frank Road and Center Street, adding an additional covered riding arena, and construction of a one-story office building to replace one of the residential structures, which has been utilized for the NTRC offices. The newly acquired property contains a single-family residence. The new Conditional Use Site Plan identifies that the home will remain and a detached garage and fenced paddocks for horses will be added. The residence will be utilized to house employees on -site to care for the horses and property. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. The subject properties are zoned A, and per Section 2.03.01.A.1.c of the LDC, Agricultural activities on parcels less than 20 acres in size (animal breeding, raising, training, stabling, or kenneling) are permitted conditional uses (#24). NTRC also operates an instructional riding program and is also requesting Conditional Use #19 consistent with their existing conditional use. The property is designated Urban Residential on the Future Land Use Map and the Future Land Use Element indicates that Agricultural activities on parcels less than 20 acres in size (animal breeding, raising, training, stabling, or kenneling) uses are permitted throughout the Urban area; therefore, the proposed uses are consistent with the Future Land Use Element of the Growth Management Plan. June 20, 2022 © GradyMinor Page 1 of 5 Evaluation Criteria-rl.docx Q Civil bnginccrs • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Packet Pg. 101 3.B.f Conservation and Coastal Management Element: Policy 6.1.1 establishes the minimum preservation areas for residential and mixed -use projects as 25% of the on -site native preservation. This parcel was a single-family parcel with an existing home. This parcel was originally permitted in 1970 (Permit 70-1419) a single-family home was subsequently built. In 1982, an additional permit (Permit # 82-826) was obtained for a garage. The lot lacks what would be considered native habitat. In addition, an exotic vegetation removal permit was obtained because this parcel was impenetrable with numerous exotics. The parcel today is void of native vegetation. Approximately 3 Slash pines exists and a few banyan trees. This parcel was legally cleared and void of native habitat/vegetation. Thus, this project is exempted from Policy 6.1.1 OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) This project site is currently surrounded by either roadway or development. The parcel is bordered by a roadway along its eastern and northern boundary. This parcel fronts Ridge Drive. To the west and south is residential development. A brief examination of the parcel found no listed animals on site. The parcel is not located in a USFWS Panther Consultation Zone. Wellfield Overlay: The subject property is located within Wellfield Risk Management Special Treatment Overlay Zones W-1 and W-2, as identified on the accompanying exhibit. LDC Section 3.06 describes the intent and purpose of establishing the ST zones around regulated public water supply wells. The use of the property for the agricultural equine therapeutic riding facility is not a regulated use within the ST zones, and there are no hazardous materials stored or utilized on the property. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the overall site exists from Ridge Drive and Center Street. Access points to the properties are identified on the conceptual Site Plan. One existing access pint on Ridge Drive will be eliminated with the proposed campus improvements. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. June 20, 2022 Page 2 0 5 Evaluation Criteria-rl.docx Packet Pg. 102 3.B.f The Conditional Use for campus improvements should have no impact on neighboring properties. The newly added 2.12-acre parcel will continue to be utilized for residential purposes and because the property is zoned A, Agriculture, horses are permitted to be stabled on the property, not to exceed two horses per acre. The majority of the changes to the campus plan include the expansion of the stable/barn, addition of a new 9,200+/- square foot covered riding arena, utilize a portion of Lots 19 and 20 for administrative office areas, additional horse stables, riding ring and training areas. The covered training arena will be internally lighted and located toward Goodlette-Frank Road and away from the existing residence. Only outdoor security lighting will be utilized on the balance of the parcel. Buffers will be installed to LDC standards which will insure compatibility with nearby residences. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. The Naples Equestrian Challenge has been operating their therapeutic riding programs on the adjacent property for over 20 years and have developed a positive relationship with ti surrounding homeowners. Structures will be constructed to meet setbacks for the Agricultural N Zoning District and outdoor activities will have operational hours consistent with those for the existing facilities. e. Please provide any additional information which you may feel is relevant to this request. Attached is additional information regarding the history of Naples Therapeutic Riding Centere and descriptions of the various programs offered at the facility. The 2013 Conditional Use was approved with a condition limiting program participants to 400 per week. Given NTRC programming operational standards programming with the newly proposed riding arena will limit weekly participants to 320 weekly. The condition has been modified to reflect the lower program participant/rider figure. June 20, 2022 Page 3 0 5 Evaluation Criteria-rl.docx Packet Pg. 103 3.B.f Naples Equestrian Challenge d/b/a Naples Therapeutic Riding Center Conditional Use Operational Background The mission of Naples Therapeutic Riding Center is to improve the lives of children and adults with physical, social and mental health needs through therapeutic riding and other equine -related programs. Established in 1995 and located at the corner of Goodlette Road and Center Street in the Pine Ridge Estates neighborhood, NTRC became a PATH Intl -certified riding center (Professional Association of Therapeutic Horsemanship International, which is an international accrediting organization that has standardized the practices of therapeutic riding and equine -facilitated learning and psychotherapy activities) in 2000. With the generous support of the community, NTRC has expanded from serving four individuals in 1995 to a total of 497 unduplicated special needs participants, including a total of 258 children and youth (ages 22+ under) and 239 adults (22-84) plus nine (duplicated number) Summer Horsemanship Camp attendees in 2020. The majority of NTRC's 497 participants suffer with autism spectrum disorder, attention deficit disorder (ADD)/attention deficit hyperactivity disorder (ADHD), cerebral palsy, Down syndrome, multiple sclerosis, developmental delay, traumatic brain injury, post -traumatic stress disorder (PTSD) and sensory integration disorder. Each year of its history, NTRC has been successful in further expanding its equine assisted activities and therapy programs to accommodate more participants. In 2021, NTRC purchased a property directly adjacent to our existing land. This singular opportunity will significantly impact our future programming capacity by allowing NTRC to maximize the functionality of our existing facility, expand programming and increase participation without incurring the added expenses that a total relocation. The newly added site will retain the existing home for employee housing and additional paddocks will be created to allow grazing for the program horses. NTRC currently is operating at capacity. The expansion will address the urgent community need reflected by our current over 100-person therapeutic riding waiting list. It also aligns with the priorities designated by our Board of Directors in our 2020-2024 Strategic Plan (Board approved October 2020) identifying the need to acquire additional acreage to expand and enhance our services. Ultimately, our goal for the overall campus is to significantly increase service capacity and enhance delivery options for our current core programming elements and assist in the growth of recently launched and future services. Key programs include our RIDER PROGRAMS (Therapeutic / Advanced Riders + Occupational Therapist Assisted Riding); GROUP PROGRAMS (Equine -Assisted Learning + Equine -Assisted Psychotherapy); and COMMUNITY OUTREACH PROGRAMS (Inclusion Summer Horsemanship Camps + Operation Strides for Military Veterans + Traveling Mini Therapy Program). Based on participant feedback and reaction to pandemic restrictions, we also successfully introduced fee -based private lesson options for our Riding, Group and Operation Strides services in January 2021. The following projections are based solely on the existing campus capacity and include: June 20, 2022 Page 4 of 5 Evaluation Criteria-rl.docx Packet Pg. 104 3.B.f NTRC will serve a total of 800+ participants (ages 4-82) with special needs annually. Historically, annual demographics reflected: 69% of total were children/youth under (age 22+ under), with 45% females and 55% male, 25% Hispanic and with 42% of therapeutic riding families identified as having a household income less than the Federal Poverty Level thresholds. According to the data warehouse, more than 4,000 Collier County students have been screened, evaluated and assigned an Individualized Education Plan (IEP) which calls for special accommodations due to a range of mental and physical disabilities from attention deficit disorder (ADD) to the most acute levels of cerebral palsy and Down syndrome. Among those 4,000 students, it is reasonable to assume that as many as 1,000, or 25%, would qualify for NTRC services. In the last school year, NTRC served 310 students, leaving a potential of 690 un- or under -served students that may benefit from NTRC's equine - assisted activities and therapies. NTRC's campus build -out plan entails: • Adding a third (rectangular) Arena that will increase lesson space to five options; • On -site Employee Housing for Barn/Arena staff to assist in 24/7 therapy herd care and maintenance; • Expanding administrative office space to accommodate program support functions. • Addition of four new horse stalls and expanded pasture/grazing/paddock space to accommodate increased herd; • Addition of two new therapy horses June 20, 2022 Page 5 of 5 Evaluation Criteria-rl.docx Packet Pg. 105 Cor County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.eov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meeting Notes Petition Type: Conditional Use (CU) DateandTime: Thursday 7/29/21 10:30 AM Assigned Planner: John Kelly Engineering Manager (for PPL's and FP's): Project Information Project Name: Naples Therapeutic Riding Center PL#: 20210001746 Property ID #: 67185000007 Current Zoning: Agricultural (A) Project Address:170 Ridge Dr. City: Naples State: FL Zip: 34108 Applicant: Sharon Umpenhour - Grady Minor Agent Name: D . Wayne Arnold, AICP Phone: 239-947-1144 Bonita Springs, FL 34134 Agent/Firm Address: 3800 via Del Rey City: State: Zip: Property Owner: Naples Equestrian Challenge Inc. - 67185120000 Naples Equestrian CHL Inc. - 67185000007 Please provide the following, if applicable: i. Total Acreage: 2 . 1 ii. Proposed # of Residential Units: 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 Packet Pg. 106 Co er County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.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 https://www.colliercountyfl.-qov/Home/ShowDocument?id=75093 �-rev/Nrn s �c� oS�•.s.�iTT�c> 0�9�✓S mc�s— ,c5` 1/6�c ia✓ r5 x // /-'-e— /3`Yoi� i�s� vF /rG�vc-/� i uJ/,✓5 �i�icef�i 1 %✓� i 5,+0 p o � • D LG�9S � /2!!�//!�{ /�LL �J7�/�_S t/c��!-s�g.�Y -1 .ia�f E� h- \ 1 /�i�.�.s.� �P/la✓i of .Qgs . � As !,✓ �fi'Clv.�� 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(CDnaplesgov.com Allyson Holland AMHolland(obnaplesgov.com Robin Singer RSinger(p)naplesgoy.com Erica Martin emartin(cDnaplesgov.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 m a 0 z m G a� CM it CD 0 N U c� r, T 0 0 N O N J a LU Packet Pg. 107 3.B.f Cofr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountVfl.gov (239) 252-2400 Meeting Notes U r O O 1 �. !¢ Mid !' i. :. T�'i 1 G.C, "" L "I I[`�L 1�i t� J �+C n- r✓�, + N 1' C N J IL � r x. sn_c+,nistitt�ryT►¢L _ L�L/�ii> ► . t,,•� 7 6; : 3 �' i "' 3 c M N rn 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 Packet Pg. 108 3.B.f ThomasClarkeVEN From: FaulknerSue Sent: Thursday, July 29, 2021 12:33 PM To: ThomasClarkeVEN Cc: SaboJames; BellowsRay; KellyJohn Subject: PL20210001746-Naples Therapeutic Riding Center (CU).docx Attachments: PL20210001746-Naples Therapeutic Riding Center (CU).docx Follow Up Flag: Follow up Flag Status: Flagged Hi Thomas, Here is my pre-app notes for PL20210001746-Naples Therapeutic Riding Center (CU). CCJu,z 'JI.PO.co9aaap.,rnrn Q5" `�aMuerwa, Jtii�u t,011ier county Growth Management Department Zoning Division, Comprehensive Planning Section 2800 North Horseshoe Drive, Naples, FL 34104 Sue.Faulkner colliercountyfl gov phone:239-252-5715; E-fax:239-252-2838 Ar ��► V CMUER COMP �v v r r4�WL� Website: www.colliercountvfl.gov Collier County Motto: "To exceed expectations." Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning 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. 'PAG Packet Pg. 109 Co*.r County 3.B.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergoy.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 https://www.colliergov.net/Home/ShowDocument?id=75093. comp Planning: PL20210001746-Naples Therapeutic Riding Center (CU). The subject site (parcel numbers #67185120000 and 67185000007) are approximately 9 acres (±6.81 and 2.12 acres) and designated Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict as should be shown on Future Land Use Map of the Growth Management Plan. The subject site is zoned Agricultural with a Conditional Use to allow horse therapy for special needs children and adults. The applicant wishes to submit an application for a new CU that increases the acreage to a total of 9 acres (which will allow up to 18 horses — 2 horses per acre). Comp Planning does not anticipate any GMP consistency issues with this project, but does request that the applicant provide a Transportation Impact analysis, if deemed necessary by Transportation Planning. We also request that the 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 the following: b. Non-residential uses including: 2. Parks, open space and recreational uses; 9. Agriculture Therefore, this conditional use should continue to be consistent with the GMP. Sue Faulkner, Comprehensive Planning Principal Planner 7/29/21 Updated 7/24/2018 5 $A .1, Page 1 4.-ef Packet Pg. 110 3.B.f ThomasClarkeVEN From: SawyerMichael Sent: Thursday, July 29, 2021 10:52 AM To: ThomasClarkeVEN; KellyJohn Subject: Naples Therapeutic Riding Center CU Thomas, Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email and provide note on TIS cover sheet that fee will be collected at time of CU submittal. Address transportation elements of the GMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using the existing facility count(s) increased to proposed user numbers (obviously the current facility trips are on the system so TIS should account for proposed increases only). Use standard trip limit language TIS using standard language: "The maximum total daily trip generation for the CU shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Please let us know of any concerns, questions or if there is anything we can do to assist as you move forward Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyerAcolliercountyfl ov 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. Packet Pg. 111111 3.B.f ThomasClarkeVEN From: BrownCraig Sent: Thursday, July 29, 2021 11:22 AM To: ThomasClarkeVEN Subject: RE: Pre-App RESEARCH for Naples Therapeutic Riding Center (CU) - P120210001746 - Virtual meeting on Thursday 7/29/21 at 10:30 AM - SKYPE Thomas, Here are my thoughts for the last one; I'm trying to stay on task with these there has been a bunch!! I think I still owe you notes for one more. ( Golden Gate Water Plant CU). Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 2. Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear and Florida Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Provide a survey for listed plants identified in 3.04.03 3. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.E-D; 3.05.07.F; 3.05.07.H.1.d- e). (15% present preservation required.) 4. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1 and Objective 7.1. 5. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation Requirement is 15%). 6. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. (If found onsite). 7. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 8. Please provide SFWMD/ ACOE written approvals. Packet Pg. 112 3.B.f 9. The proposed project occurs a Wellfield Protection Zone. Please address compliance with LDC section 3.06.12. Provide and exhibit showing the projects location in relation to the well field protection zone Check the boxes for FLUCFCS Map and Environmental Data. FEE $2500.00 thanks Craig Brown Senior Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! r M From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Wednesday, July 28, 2021 5:47 PM y To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard @colliercountyfl.gov>; BrownCraig <Craig.Brown@colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric o <Eric.Fey@colliercountyfl.gov>; JosephitisErin <Erin.Josephitis@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; PollardBrandi <Brandi.Pollard@colliercountyfl.gov>; AshkarSally c <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; TempletonMark 0 0 <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> CL a Cc: KellyJohn <John.Kell ' y@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> CO Subject: Pre-App RESEARCH for Naples Therapeutic Riding Center (CU) - P120210001746 - Virtual meeting on Thursday 7/29/21 at 10:30 AM - SKYPE Good Afternoon All, Please review the attached Zoning Pre-App Research for Naples Therapeutic Ridine Center CU - P120210001746 The virtual meeting is scheduled for Thursday 7/29/21 at 10.30 AM- via SKYPE ....................................................................................... Join Skype Meeting Trouble Joining? Try Skype Web Apr) Help Thank you, ,) , Packet Pg. 113 3.B.f Co*er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20210001746 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.baIuch@coiliercountyfLgov Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov /Laurie Beard L5 Craig Brown PUD Monitoring Environmental Specialist 252-5782 252-2548 laurie.beard@colliercountyfl.gov craig.brown @colIiercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov El Heidi Ashton Cicko ['/ Thomas Clarke Managing Asst. County Attorney Zoning Operations Coordinator 252-8773 252-2584 heidi.ashton@colliercountyfl.gov thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ Jackie De la Osa North Collier Fire 252-2312 jdelaosa@northcollierfire.com ❑ Maggie 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@colliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 1 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy. Frantz@colliercountyfLgov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ 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@coiliercountyfLgov ❑ 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 diane.lynch@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 114 3.B.f Co*.r COunt y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@coiliercountyfLgov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 rich ard.orth@col IiercountyfLgov ❑ Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov Q"' Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 bra ndi.pollard@colliercountyfLgov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com Development Review ❑ Brett Rosenblum, P.E. Principal Project Manager 252-2905 brett.rosenblum@coiliercountyfLgov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net C Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky L� Mark Templeton Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ /Christine Willoughby Daniel Zunzunegui Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information - Name Representing Phone Email (/IJ Je. �2 n.�•L 1� /�/ S M v7' nn• T e vt n Ttc �t L , .,�r✓a Updated 1/12/2021 Page 1 5 of 5 -• c C.•&I Packet Pg. 115 3.B.f Collier County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20210001746 — Naples Therapeutic Riding Center (CU) Planner- John Kelly Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Sharon Umpenhour 239-947-1144 • Agent to list for PL# D. Wayne Arnold, AICP • Owner of property (all owners for all parcels) Parcel # 67185000007 — Naples Equestrian Challenge Inc. Parcel # 67185120000 — Naples Equestrian Challenge Inc. • Confirm Purpose of Pre-App: (Rezone, etc.) Conditional Use • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): • Details about Project: Expansion of existing facility REQUIRED Supplemental Information provided by: Name: Sharon Umpenhour Title: Senior Planning Technician Email: sumpenhour@gradyminor.com Phone: 239-947-1144 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information tp m Q. Z 0 0 N U to r` 0 0 0 N 0 N J a r M r` M N ZoNng Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.coliaTm.net Packet Pg. 116 Cover County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑ A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review Copies Required Required Completed Application (download current form from County website) 1 ® ❑ Cover letter briefly explaining the project 1 Pre -Application Notes 1 Affidavit of Authorizationsigned and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Property Ownership Disclosure Form 1 ® ❑ Warranty Deed(s) 1 Boundary Survey 1 ❑ Conceptual Site Plan 24" plus (one 8 Y2 X 11 copy) - /e i 6/P ❑ Plans showing prop sed location for utiliti i require ❑ Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ ❑ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ ❑ Plans showing the proposed signs and lighting, including type, dimensions, and if required El�y U Elcharacter, Architectural Rendering of Proposed Structures i applicable 1 ❑ Current aerial photographs (available from Property raiser) with project and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 1-1boundary Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1IV I Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ D Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 LJ Traffic Impact Study (TIS) or waiver rv,,_ Pl;sad A-T 7-1 AA OF LU &4"(TtAL- 1 Historical and Archeological Survey, or waiver —1% f Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 Ea- ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 5/08/2018 Page 8 of 12 Packet Pg. 117 Cover County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the netitinn naprlc to ho rnutarl to tho fniinwino nrlrlitinnnl ro..icuunrc- ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Conservancy of SWFL: Nichole Johnson ❑ GMD Graphics ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams ❑ Immokalee Water/Sewer District: ❑ Other: ❑ School District (Residential Components): Amy Lockheart Communication Towers: Mosquito Control ❑ Collier County Airport Authority LJ I Naples Airport Authority Commercial Min 5/08/2018 Page 9 of 12 Packet Pg. 118 CoNr County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS All checkpayable to: Board of County Commissioners -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed /within 9 months of pre -application meeting) VConditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5th and subsequent reviews: 20% of original fee Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 lfransportation Fee, if required: a--- Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 dIVEstimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date 5/08/2018 Page 10 of 12 Packet Pg. 119 3.B.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210001746 I Sdan McNamara (print name), as President (title, if applicable) of Naples Therapeutic Riding Cenler, Inc (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0applicantF--]contract purchaser and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on c the referenced property as a result of any action approved by the County in accordance with this N application and the Land Development Code; v 2. All answers to the questions in this application and any sketches, data or other supplementary matter (.0 attached hereto and made a part of this application are honest and true; ti 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours c for the purpose of investigating and evaluating the request made through this application; and that c 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action, 04 5. Well authorize o. Grady Minor & Associates. F A. and Coleman. Yovanevich and Koester. P A. to act as ourlmy representative d in any matters regarding this petition including 1 through 2 above. M *Notes: M o 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 y 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. E 3 . if the applicant is a limited partnership, then the general partner must sign and be identified as the "general c partner" of the named partnership. G . If the applicant is a trust, then they must include the trustee's name and the words "as trustee". c . In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. °n Under penalties of perjury, I declare that 1 have read the foregoing Affidavit of Authorization and that the fa ted in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence or [-]online notarization this day of �C-F r�b� , 20 1� , by (printed name of owner or qualifier) Ur—M"nmar—P,esde°r°'",o'nst"eraveu'i-Ading Center he Such person(s) Notary Public must check applicable box: L�VAre personally known to me ❑ Has produced a current drivers license MEW PCISAQA Notary Public - State of Florida ❑ Has produced as id ification. a`` Commission M HH 267180 or n .• My Comm. Expires May 23, 2026 Bonded through Natiorii Notary Assn. Notary Signature: (' P10R-CD.1-fl I] 1 ] Sl E 55 12F:%3/4/2020 Packet Pg. 120 3.B.f q} (Requestor's Name) (Address) (Address) (City/State/Zip/Phone #) PICK-UP ❑ WAIT MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status FSpecial Instructions to Filing Officer. Office Use Only (0 16 2bov IIIIII�II��a�llall�lllllll9�lll��ll�191 000363028260 04 ,12/i? 1 - - i 11 Oc4--010 , Ill l a� a z ZL NamN_ LPL O N V m r 0 0 0 T" N O N J IL M M N YjIl . 10 Packet Pg. 121 I/ 3.B.f Theodore R Walters Iwalters@Donerwright com Porler Wright Morris & Arthur LLP 9132 Suada Place Sune 301 NaJes, FL 34106 Direct 239 593 2965 Fax 239.593 2990 June 22, 2021 Main 739.593 2WD Florida Department of State Division of Corporations PO Box 6327 www.partervrighl.com Tallahassee. FL 32314 t:ei• wright 1_111101 RE: Naples Equestrian Challenge, Inc. C,ACAGO Letter Number 521A00013218 CINCINNATI Reference Number N97000006252 CLEVELAND COLUMBUS To Whom it May Concern; OAt ION NAPLES Enclosed please find a set of revised Articles of Incorporation for the PoTTSIRIRGH referenced entity, in response to the indicated letter. WASHINGION, DC Thank you for your attention to this matter. Very truly yours. Theodore R. Walters TRW:mcf ;C5?47;3,1 Packet Pg. 122 3.B.f E "�2i AN 24 AM 11= 49 FLORIDA DEPARTMENT OF STAT Division of Corporations June 14, 2021 MORRIS & ARTHUR LLP ATTN:THEODORE R WALTERS 9132 STRADA PLACA SUITE 301 NAPLES, FL 34108 SUBJECT: NAPLES EQUESTRIAN CHALLENGE, INC. Ref. Number: N97000006252 We have received your document for NAPLES EQUESTRIAN CHALLENGE, INC. and your check(s) totaling $35.00. However, the enclosed document has not been filed and is being returned for the following correction(s): The registered agent must sign accepting the designation. Please return your document, along with a copy of this letter, within 60 days or your filing will be considered abandoned. If you have any questions concerning the filing of your document, please call (850) 245-6050. Yasemin Y Sulker Regulatory Specialist III Letter Number: 521A00013218 www.sunbiz.org Packet Pg. 123 3.B.f VNIENDED ,OND RESTATED ARTICL S OF INC:ORI'OItA'i-ION OF �',�I'I.I:S'I'ilElt:�l'Eli I IC RIDIN(: CENTFRI I,NC. I IIEREAS. N' MCS Special Equcslrilln, Riding. (Therapy. Inc;. (the; "Corporation"j was 06goalh, incorporated pursuant tip the I'lorida Not for Profit Corporation Act on or about Novcinhcr i. 1997; and 1%'11LRLAS, div Corporation changed its nalltc to Naples k(lucsrian Challenge, ]Ile. on or nhoesi Vlay 5, 1 99,,; and «'IIEREAS. the Hot:rd of Directors of the Corhoratiun adopted rCSo1Uli0FIS proposing, to amend and re:staie the Corporation's Articles of Incorlioration- declaring lilt aniendtnent and restatement io he advisable and in the hest interests of the Corporation which resolution setting NO the pmpuscd amendment and restaicnient is as follows: RESOLVED. that the articles of Incorporation o3' the Corporation be anlendcd and restated in its entirety to read as filllowss ARTICLE I - Name Ile name of the Corporation shall he Naples "Therapeutic flitting, Center, lnc. ARTICLE 11 - Purpose .a The: Corporation acts to cmahlish, nmintaln, and openne therapeutic horseback rich—Ag' an Other eguinC-rClalcd pro rants €or incli~,'iduals with sythal needs, suhjccl to the consent twlhcil medical advisors or outer appropriate Pro lcssi0nal Counsel. The Cnrpc,ratie,n sh-'alli ha�; the; powcr to c;ilgage in ally lawful aCtiVity IOl- Which corporations 11Ml ' he or"aniZC( sunder the I Iurici;I 131.1sinc,S C.'orpor'ation Acl or the hlclrida Not for Profit Corporation Act. ARTICLE Ill - Powers The Corporlslion shall have the filllowing provers: A. All of the powcrs and privilLycS gntlltcel to rtrlt fin' profit C0rp01'sti0nS hy' the: I lNVS of flic State of Florida; B. A. of the: pc,wos reason;:hlv ncc uss ry to iInI)IL;ntell alxl C11'CCluatc the purps}SC; of ihu Corporittlon. including. widmui Iirnit;IWL Te: panic auth{>ri n and ri` a io: I. !!Make and csabhsh r"stm able Kes and rCyrl;:il ns giwening relinlif-1'in`_ Chii(fi-C11 and adult that nrsv participate in the ridinzu progran)s. the parameters of the ridim'. pwgmmn and the guahflcadons of voAmlews (a Slab 111a1 ClfeCluatC the riding l)rof l'alilS: and Packet Pg. 124 3.B.f 2. Enforce the provisions of these Articles of Incorporation and the Corporations llylavvs. and all rules and regctlations governing the charitable foundation in operating the program. which may from time to time be eslablished by the Board of Directors. ARTICLE IV — Perpetual Existence fhe Corporation shall have perpetual existence. ARTICLE V — Governance The affairs of the Corporation shall be managed by its Board of Directors. The Board shall have charge of all property of' the Corporation. real, personal. and otherwise, and shall be entrusted with such responsibility as provided by the Corporation's Bylaws and applicable law. The Board of Directors shall male decisions in accordance with tkle provisions ol, the Corporations Bvla"vs, ARTICLE VI- Indemnification The Corporation shall indcl»nit"°. advance expenses. and hold harmless, to the fullest extent permitted by applicable law as it presently exists or may hereafter be anlcnded, anv person (it --Covered Person") who was or is nude or is threatened to be made it party or is otherwise involved ill arly aeaion. stlit. or proceeding. whether civil. criminal, achllinistnim1c. or investigative. and whether lormal or informal. by reason ol'the tact that he or she. or it person for whom he or she is the legal representative, is or was a director or officer of' the Corporation or, while it director or officer of tltc Corporation. is or was serving, at the request oi' the Corporation as a director. officer. employee. or agent of another corporation or ol'a partnership. joint venture. trust, cntcrlarisc, or nonprofit entity. including service with respect to employee benefit plans. against all liability. damages. and loss suffered and expertscs (irlclucfing attorneys Iecs and costs) actually and reasonably incurred by such Covered Person. Any amendment. repeal. or modification of this provision shall not adversely affect any right or protection ]leretlnlder ol'any person ill respect of any act or ortlissiorl occurring: prior to the titre of such repeal or mock f ication. ARTICLE VII - Registered Agent The registered agent of' tile Corporation Is Acme Agcnt Florida U.C. The street address of the Corporation's registered office is 9132 Strada Place. 3"I floor. Naples. Florida 34IOR, I hereby accept the appo a�ltnlent as registered agent. I and familiar with and accept the obligations of, tlie pos o,. Slgrlatlll'e of'New 1Zeglstcrtd Agent `JJ ANIENIA"D AND KI:STA'I'F.lr ARTICLI_s of INCORPORATION �'AI'I.I:.s iiI,RAPF(Jl IC KlnEN(i CEiNTFR, INC. Ilmili 7 m 3 Packet Pg. 125 3.B.f ARTICLE Vlll -Article Consolidation These adopted restated articles of incorporamon suMcrsede the ongiaal articles of incorporation and all arnendme111s to them. ,ARTICLE IN - -,adoption Information These restated articles of incorporation % ere adopted ley the Corporaliun's Board of- 17irector-s. I suhmil this document tend affirm that the facts stated herein are true. I am aware that ilre false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s. S 17.1 5-�7,, F.S. 1N WITNESS \\'HERI-70F, the undersigned has executed these Articles of Incorporation this 1 {o'}L day of November, 2020. Printe I Nalne: �ee / f NTa Title: President ltitr:,ti I,i.D AND Rl-: I ATED AR I ICLES OF I,N'CORPORA'r10N `'APLES T[IERAPEUNC' CENTER, INC. PAGE 3 or 3 Packet Pg. 126 2022 FLORIDA NOT FOR PROFIT CORPORATION AMENDED ANNUAL REPORT DOCUMENT# N97000006252 Entity Name: NAPLES THERAPEUTIC RIDING CENTER, INC. Current Principal Place of Business: 206 RIDGE DRIVE NAPLES. FL 34108 Current Mailing Address: 206 RIDGE DRIVE NAPLES, FL 34108 US FILED Feb 07, 2022 Secretary of State 3780353867CC FEI Number: 65-0793008 Certificate of Status Desired: No Name and Address of Current Registered Agent: ACME AGENT FLORIDA LLC 9132 STRADA PLACE 3RD FLOOR NAPLES, FL 34108 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: MELISSA SARACINO LAMONT 02/07/2022 Electronic Signature of Registered Agent Officer/Director Detail Title CEO Name LAMONT, MELISSA SARACINO Address 2630 50TH AVE NE City -State -Zip: NAPLES FL 34120 Title TREASURER Name FORTIER, JEFF Address 206 RIDGE DRIVE City -State -Zip: NAPLES FL 34108 Title SECRETARY Name WHITE, SARA Address 206 RIDGE DRIVE NA City -State -Zip: NAPLES FL 34108 Title PRESIDENT Name MCNAMARA, BRIAN Address 206 RIDGE DRIVE City -State -Zip: NAPLES FL 34108 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MELISSA LAMONT EXECUTIVE DIRECTOR 02/07/2022 Electronic Signature of Signing Officer/Director Detail Date 3.B.f to m a M z d �L a� co 0 N C) c0 0 0 0 N 0 N J a M ti M Packet Pg. 127 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si , n�Y 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) 0 CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S10, T49, R25 (see attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 67185000007 and 67185120000 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 170 and 206 Ridge Drive LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Naples Therapeutic Riding Center name not yet approved PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - orAR or PL # PL20140000594 - SDP Rev. 6/9/2017 1 Packet Pg. 128 CoMer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: 0 Email Applicant Name: Sharon Umpenhour ❑ Fax ❑ Personally picked up Phone: 239-947-1144 Email/Fax: sumpenhour@gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 67185000007 and 67185120000 Folio Number Folio Number Folio Number Folio Number Folio Number f / / Approved by: Date: 1 /18/2022 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Packet Pg. 129 Collier County Property Appraiser Property Summary Site 170 RIDGE Site Zone Parcel No 67185000007 Address DR Site City NAPLES *Note 3411 *Disclaimer z a� Name / Address NAPLES EQUESTRIAN CHL INC L 0 206 RIDGE DR it 0 N V �O City NAPLES State I FL I Zip 34108 0 0 Ma No. StrapNo. Section TownshipRan a Acres *Estimated o N 4A10 560800I184A10 10 49 25 2.12 N J a Legal PINE RIDGE BLK I LOT 18 M Millage Area 1a 1118 Millage Rates a *Calculations Sub./Condo 1560800 - PINE RIDGE School Other Total Use Code a I 1 - SINGLE FAMILY RESIDENTIAL 4.889 6.0293 10.9183 Latest Sales History 2021 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subiect to Chanae) Date Book -Page Amount 05/19/21 5953-2378 $ 1,575,000 10/29/14 5091-3179 $ 600,000 08/01 /71 412-111 $ 0 +) Land Value Improved Value $ 845,81 $ 36,91 (_) Market Value $ 882,8, (-) 10% Cap $ 88,2, (_) Assessed Value $ 794,61 (_) School Taxable Value $ 882,8, (_) Taxable Value $ 794,61 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Packet Pg. 130 Collier County Property Appraiser Property Aerial 3.B.f Site 170 RIDGE Site Zone Parcel No 67185000007 Address DR Site City NAPLES *Note 3411 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 131 Collier County Property Appraiser Property Summary Site 206 RIDGE Site Zone Parcel No 67185120000 Address DR Site City NAPLES *Note 3411 *Disclaimer z a� Name / Address NAPLES EQUESTRIAN CHALLENGE L 0 INC 206 RIDGE DR to 0 N V W IV City NAPLES State I FL I Zip 34108-3418 0 0 Ma No. StrapNo. Section TownshipRan a Acres *Estimated o N 4A10 5608001214A10 10 49 25 6.81 N J a Legal PINE RIDGE BLK I LOTS 19, 20 & 21 M Millage Area a 1118 Millage Rates a *Calculations Sub./Condo 1560800 - PINE RIDGE I School Other Total Use Code a 179 - CULTURAL ORGANIZATION , FACILITIES 1 4.889 6.0293 10.9183 Latest Sales History 2021 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subiect to Chanae) Date Book -Page Amount 05/14/02 3036-1291 $ 434,900 04/22/99 2538-331 $ 372,000 12/22/98 2494-802 $100 10/28/98 2475-447 $ 100 01/16/97 2272-1707 $ 0 +) Land Value Improved Value $ 2,717,1! $ 1,378,31 (_) Market Value $ 4,095,5' (-) 10% Cap $ 1,030,9! (_) Assessed Value $ 3,064,6; (_) School Taxable Value $ (_) Taxable Value $ If all Values shown above equal 0 this parcel was created after the Final Tax Roll Packet Pg. 132 Collier County Property Appraiser Property Aerial 3.B.f Site 206 RIDGE Site Zone Parcel No 67185120000 Address DR Site City I NAPLES *Note 3411 *Disclaimer Open GIS in a New Window with More Features. as a z �L NamN_ LPL to O N V �O O O O T" N O N J a M M N Packet Pg. 133 CoiLYer County 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 nROPERTY 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: C Name and Address I % of Ownership 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 Naples Therapeutic Riding Center, Inc. 100 A not for profit corporation, 206 Ridge Drive, Naples, FL 34108 Also see attached Annual Report 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 Name and Address I % of Ownership Page 1 of 3 Packet Pg. 134 CoiLYer County 3.B.f 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: e f [* Name and Address I % of Ownership 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 'I IIut=I J, JLUL.RI IUIUIn J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 135 3.B.f CoiLYer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: a� Date option terminates: or co Anticipated closing date: N U to AFFIRM PROPERTY OWNERSHIP INFORMATION ti r O O Any petition required to have Property Ownership Disclosure, will not be accepted without this form. N Requirements for petition types are located on the associated application form. Any change in ownership whether O N individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County d immediately if such change occurs prior to the petition's final public hearing. M ti As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is N included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. N 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 _- April 25, 2022 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 136 2022 FLORIDA NOT FOR PROFIT CORPORATION AMENDED ANNUAL REPORT DOCUMENT# N97000006252 Entity Name: NAPLES THERAPEUTIC RIDING CENTER, INC. Current Principal Place of Business: 206 RIDGE DRIVE NAPLES. FL 34108 Current Mailing Address: 206 RIDGE DRIVE NAPLES, FL 34108 US FILED Feb 07, 2022 Secretary of State 3780353867CC FEI Number: 65-0793008 Certificate of Status Desired: No Name and Address of Current Registered Agent: ACME AGENT FLORIDA LLC 9132 STRADA PLACE 3RD FLOOR NAPLES, FL 34108 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: MELISSA SARACINO LAMONT 02/07/2022 Electronic Signature of Registered Agent Officer/Director Detail Title CEO Name LAMONT, MELISSA SARACINO Address 2630 50TH AVE NE City -State -Zip: NAPLES FL 34120 Title TREASURER Name FORTIER, JEFF Address 206 RIDGE DRIVE City -State -Zip: NAPLES FL 34108 Title SECRETARY Name WHITE, SARA Address 206 RIDGE DRIVE NA City -State -Zip: NAPLES FL 34108 Title PRESIDENT Name MCNAMARA, BRIAN Address 206 RIDGE DRIVE City -State -Zip: NAPLES FL 34108 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MELISSA LAMONT EXECUTIVE DIRECTOR 02/07/2022 Electronic Signature of Signing Officer/Director Detail Date 3.B.f to m a M z d �L a� co 0 N C) c0 0 0 0 N 0 N J a M ti M Packet Pg. 137 3.B.f q} (Requestor's Name) (Address) (Address) (City/State/Zip/Phone #) PICK-UP ❑ WAIT MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Specie{ Instructions to Filing Officer. Office Use Only I1111IIl11IIII11aHIIIa1III 111111111110111111 111111 1191 000363028260 N-) d a z as ZL NamN_ LPL O N V m r 0 0 0 T" N O N J IL M M N Packet Pg. 138 3.B.f i hewore R Walters Iwaliers@DOrlerwnght Cam Porter Wright Morns & Artnur LLP 9132 Strada Place Susie 301 Naples. FL 3,1108 Duect 239 593 2965 Fax 239.593 2990 ,tune 22, 2021 Main 239.593 2900 Florida Department of State Division of Corporations PC Box 6327 hwv .porernngha.com Tallahassee. FL 32314 or t:f-J c • Wright p RE: Naples Equestrian Challenge, Inc. CHICAGO Letter Number 521AO0013218 CIFIONNATI Reference Number N97000006252 CIEVELANO COLUMBUS To Whom It May Concern'. 6A5 TON NAPLES Enclosed please find a set of revised Articles of Incorporation for the PiTTSBl1RCH referenced entity, in response to the indicated letter. wASHINCION. DC Thank you for your attention to this matter. Very truly yours. Theodore R. Walters TRW:mcf t 4fi7�7t3+t Packet Pg. 139 3.B.f Sly . E ' s ��2i J� 24 l!= 49 FLORIDA DEPARTMENT OF STAT Division of Corporations - June 14, 2021 MORRIS & ARTHUR LLP ATTN:THEODORE R WALTERS 9132 STRADA PLACA SUITE 301 NAPLES, FL 34108 SUBJECT: NAPLES EQUESTRIAN CHALLENGE, INC. Ref. Number: N97000006252 We have received your document for NAPLES EQUESTRIAN CHALLENGE, INC. and your check(s) totaling $35.00. However, the enclosed document has not been filed and is being returned for the following correction(s): The registered agent must sign accepting the designation. Please return your document, along with a copy of this letter, within 60 days or your filing will be considered abandoned. If you have any questions concerning the filing of your document, please call (850) 245-6050. Yasemin Y Sulker Regulatory Specialist III Letter Number: 521AO0013218 www.sunbiz.org Packet Pg. 140 3.B.f VN1ENDED ,k\D RESTATEDARTICLES OF INCORPORATION ()F 1'i.1:S'I'ilElt:kl'Eli I'IC RIDING; CENTFR111NC. IVIIERE.AS. FANCs QUO Equestrian. hiding. Therapy, Inc. (the 'Tumoratin ) mus orlgoally incorporated ptlrSUal]t tip 111C F101-Ida N01 (lei' 1)1'()flt ('01-p0ration Act rill or about Novcrtthcr i, 1997, arltl WHEREAS, tlic Corporation changed its nalllc to Naples F(lucsrian Challenge, InC. nn ur nh01,11 Vlay 5, 199,X; and "gIEREAS, 111 Board Of DirCCtnrs of the {:orporation ad0l)lCd rCS0ittti0J1S proposing, to amend and restate the Corporation's Articles of Incntj)nration- dcclarirl�, t11c amendttlent and restatement to he advisable and in the hest imcoms of the Corpora6mi which resolution setting IS the proposed amendnieni and restatcrlient is as f(rllows: RFSOLVED. that the articles of Incorporation of tlic Corporation be ;unendcd ,it)(] restatcd in its entirety to read as fi)Ilows, ARTICLE I - Name Ile name of the CorhtuaWn shall he Naples 11clapmaic Riding, Ccnic;r, lnc. ARTICLE lI - Purpose .a Ile CoMomhon acts to cstahl5h, nmintin, and operate therapeutic horschacic ridinf all caber equine-1'clatcd pro�ranls €or indh iduttls With special needs, suhjCC1 to the Consent twlllctr tnedic;rl advisors or other apprt,priatc Pro 1cSSi(_)nal Ct)trnyCI. The C09u11':ltiorl sh`ail� ha�; tilt; p(m,cr to ctlgage in ally lawful actiVity 161- Which ccuprrations 11M�' he ol'g,aniZC( Iundcr tilt Florida RU.sinCNS C.'nrpor'ation Acl or the FkAda Not Mr profit C'orpoWon Act. ARTICLE III - PoNvers -1'hc Corporalion shall have the following powel-S: A. All elf the powos and pri'<iltgcs 4grantcel to not fill' profit Corporations hy the Iau"s of the State of Florida; R. :III of the pow uts rcasc nilly nccuss ry to iIll J)Ic;n1Cnt alxl cfl'CCtuatC 1he purl)n:eS- of tic Corporittlon. including. widmui lirlAt,ttit L Te perwnq atoll+>rQ and hou io: I . :-Makc and cstahlish rcastwahlc rules and rcpdaWns govening Idcnttf ly, chiich-C11 a Id adult that lnav participate in the ridinz, programs. the parameters of the ridittt.: prt)gmmn and tic qualificadons of voRmteers t)r maT Mal effectuate the riding profamtlts_ Nnd Packet Pg. 141 3.B.f 2. l nforce the provisions of these Articics of' Incorporation and the Corporation's Bylaws. and all rules and rcglllatiorls governing the charitable foundation in operating_ the program. which may from time to time be established by the Board of Directors. ARTICLE IV — Perpetual Existence File Corporation shall have perpetuai existence. ARTICLL V — Governance The affairs of' the Corporation shall be managed by its Board of Directors. The Board shall have charge of all property of the Corporation, real. personal. and otherwise, and shall be cntru;ted with such respollsibility as provided by the Corporation's Bylaws and applicable law. The Board of Directors shall make decisions in accordance with the provisions ol, [he Corporation's Bvlalvs, AR"riCI. E VI- Indemnification The Corporation shall Indcllllllly. advance expenses, and hold harmless. to the Itlllest extent permitted by applicable law as it presentiv exists or may hereafter be amended, any person (a --Covered Person") who was or is made or is thrcatened to be made it party or is otherwise involved ill any action. snit. or proceeding, whether civil. criminal, administrative. or investigative. and whether iorrllal or 1rllormal. by reason ol' the fact that he or slit, or it person for whom he or she i; the lcv'al representative, is or was a director or officer of' the Corporation or. While it director or officer ol'thc Corporation. is or was serving at the request ol'thc Corporation as a director. officer. employee, or agent of'another corporation or ol'a partnership. joint venture. trust, enterprise, or rtonprolit ClAlty. includin2 service with respect to employee benefit plans. ilgzlinst all liability. damages. and loss suffered and expenses (111CIII(1111" attOI"treys Zees and costs) aCtually arid rcatsonably Incurred by SUCll Covered Person, Any alllerldnlerlt, repcal. or nlodificaltloll oi'this provision shall not adversely affect any right or protection hereunder ofany person ill respect of any act or orlli;siorl occurrilig prior to the tinge of such repeal or nlocli f ication. ARTICLE VII - Registered Agent The registered agent of'thc Corporation is Acme Aocnt Florida U.C. The street address of the Corporation's registered office is 9132 Strada Place. ) ' Floor. Naples, Florida 341OR, I hereby accept the appo ititlllent as registered agent. I am f:rnliliar lyith and accept the obligations of, tlie pos. 1)11 � Signature of'New IZegistcred Agent `JJ ANIFNIA"D AND KESTATF.[) Awriniis ur 1\C(?l{1'0HATIO\ �`AI'I.I?ti l nEiftrll'lill'll� KIDIN(i CEiNTI:k, Iv(;. Pm;ii ? O1: 3 Packet Pg. 142 3.B.f ARTICLE Vlll —Article Consolidation Thesc adopted restated articles of incorporation SLJQCI'SedC the nrigit1al artiClCS of incorporation ,md all amendments to them. ,ARTICLE IN -- Adoption Information These restated articles of incorporation % erc adopted by the Corporation's hoard of Directors. I suhmit this document and affirm that the facts stated herein are true. i am nware: that the False information submitted in a document to the Department of State constitutes a third degree; felony as provided for in s. 817.155, F.S. 1N WITNESS W'1-1ERLOF, the undersigned has executed these Articles of Incorporation this I {atl. day of Novumber. 2020. Printe , Na,mC.: /f-e— Title: President NIF.,ti MA) AND Rl-.S I ATED AR I ICLES OF I,NCORPORA'r to,N NAPLES T[iERAPEUNC' Iilt)I,NC, CFNTR, INC. PAGE : or 3 Packet Pg. 143 INSTR 6065995 OR 5953 PG 2378 E-RECORDED 5/25/2021 2:26 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $11,025.00 REC $18.50 CONS $1,5759000.00 3.B.f This instrument prepared by: Peter T. Flood, Esq. 125 North Airport Road, Suite 202 Naples, Florida 34104 239-263-2177 Consideration'$1'.57000.00 ■ WARRANTY DEED This indenture made this `day of May 2021, by Luc C. Mazzini, a single man whose address is 851 NE I" Avenue 909,,Miami, Florida 33132 herein after called the "Grantor" to Naples Equestrian Challenge, Inp.`; a Florida Not For Profit Corporation, whose address is 206 Ridge Drive, Naples, Florida 344 98, 'the "Grantee". (Whenever used herein the term "grahtor',a d"'grantee" include all parties to this instrument and the heirs, legal representative and ass gris Iof) individuals, and the successors and assigns of corporations) = Witnesseth that the Grantor, for and in considerq m°of the sum of One Million Five Hundred Seventy -Five Thousand Dollars ($1,575,00 )' *, other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, barg in ells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land stxfate � Collier County, Florida , Florida, to wit: Lot 18, Block I, Pine Ridge, according to the map or plat theof as recorded in Plat Book 3, Page 24, Public Records of Collier County, Florida. Parcel No. 67185000007 The property herein conveyed does not constitute the homestead-OfAlfie�'ntor, nor is it contiguous thereto. The Grantor's address is 851 NE 1st Avenue, #2909iami, Florida 33132. Subject to easements, restrictions, reservations, and limitations of records, if any. Together, with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the Grantor hereby covenants with the said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land Packet Pg. 144 *** OR 5953 PG 2379 *** 3.B.f and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to12/31/ 2020. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. ^` Luc C. IVlazzini 851 NE I" Avenue Signed, Se and e wed n our presence: Miami, Florida 33132 WitnSss)Signature 41 Printed Witness Signature 41 Witness Signature #2 Printed Witness Signature #2 ACKNO WLEGMENT STATE OF FLORIDA COUNTY OF COLLIER The Foregoing Instrument Was Acknowledged before me by means" of personal presence or online notarization on ��1 , 2021, c� Mazzini _ who is /are _personally known to e or `' who 41ave produced as identification. (SEAL) ot�YPUe� LINDA ANDERSON 2 ` Comm1asicrt#GG2217S4 ® Expires June 29, 2022 'Ol`OP �®y� Tma Watery Notary Public Li,CA-.eF^— Printed Name of Notary 2 Packet Pg. 145 3.B.f Raton to MIDWEST TITLE q � S ' `''T 3W TarMfni Tr N Suits A - NOW FL 34103-3502 TIflB INSIMM ENT PREPARED BY: )=a D. Vopd. Esq. Pia Bar No. 00S 1373 Void Law OKim P.A. Suite B. Midwest Tide Bid=. 3936 Tamiami Trail North Naples, Florida 34103 (941)262.2211 PREPARATION ONLY WITHOUT OPINION 2981572 OR: 303E UCOIDID in 011ICIu UC0113 of 05/14/2002 at 10:40AN D119? 1. Rita: KID"" tIT11 PICK OP SPECIAL WARRANTY DEED PG: 1291 C011111 COONfl, 11 HOCK, CUB CONS 434811.00 He 111 1030 DOC-.70 3044.30 THIS SPEC L"WARRANTY DEED is made this �� day of May, 2002, by NAPLES EQUESTRIAN CIS NGE CENTER, L.C., a Florida limited liability company, 208 Ridge Drive, Naples, FL 3410$; . hereinafter called the GRANTOR, to NAPLES EQUESTRIAN CHALLENGE, INC, a Florida non-profit corporation, P.O. Box 1353, Naples, FL 34106, hereinafter called the GRANTEE; (Wherever used herein the term "gr the heirs, legal representatives an( corporations). WITNESSETH: That the gran valuable considerations, receipt where aliens, remises, releases, conveys and Collier County, Florida, viz: Lot 21, Block 1, PINE RIDGE in Plat Book 3, Page 24, Public Property I.D.: 67185120000 and "grantee" include all the parties to this instrument and ns of the individuals, and the successors and assigns of in consideration of the sum of S10.00 and other y acknowledged, hereby grants, bargains, sells, nto the grantee, all that certain land situate in :ording to the Plat recorded County, Florida. SUBJECT TO taxes accruing subsequent to Deceml.kr4 2001. SUBJECT TO restrictions, easements and covenants of reco d,i#'s ny; however, this reference shall not operate to reimpose same. TOGETHER WITH all the tenements, hereditaments and app4lttee,;s thereto belonging or in anywise appertaining. GRANTOR, for itself and its successors, hereby warrants and will defend title to the above - described property against the lawful claims of all persons claiming by, through or under Grantor, but not further or otherwise. LVa.a03W114t1W= & Packet Pg. 146 *** OR: 3036 PG: 129 3.B.f TO HAVE AND TO HOLD the same in fee simple forever. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Witnesses: (Print (print Name)_ STATE OF FLORIDA COUNTY OF COLLIER The foregoing Special WarrantyI 2 Caren Cooky, as Manager ofN known to me who has produced UFMANOWiia MMM Naples Equestrian Challenge Center, L.C. a Florida Limited Liability Company i� By: Karen Conkf5r, Manager fledged before me this � day o Challenge Center, L.C., who i nal as identification. OA wahaard oaoe.► 24 2M Mwe rpm nog PPA "W""M we Notary Typed "ted Name of Notary Commission No. My Commi*6n,Expires: Nk .4 Packet Pg. 147 INSTR 4906580 OR 4978 PG 2065 RECORDED 10/28/2013 1:18 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $4,550.00 REC $18.50 CONS $650,000.00 3.B.f Prepared without opinion: Patrick Neale & Associates 5470 Bryson Court, Ste 103. Naples, Florida 34109 , (239) 642-1485 rr E t�I V Return to: Grantee File No.: 3832-138649 This indenture made on V3Q49 WARRANTY DEED 12 .2013 A.D., by D.D. Development, LLC, a.Florida limited liability company whose address is: 3515 River /von Circle, Columbus, OH 43221 hereinafter called the "grantor", to �y Naples Equestrian Challenge, whose address is: 182 Ridge Street, Nab f hereinafter called the "grantee": (Which temu "Grantor" and "Grantee" shall include singular representatives, successors and assigns of the same) non-profit corporation or individual, and either sex, and shall include heirs, legal Witnesseth, that the grantor, for and in consideratonlof the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby aeknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee,all at certain land situate in Collier County, Florida, to -wit: A Lot 19, Block I of PINE RIDGE SUBDIVISION, according to thi iPla reof as recorded in Plat Book 3, Page 24, of the Public Records of Collier County, Florida. Parcel Identification Number: 67185040009 Subject to all reservations, covenants, conditions, restrictions and easenents.q record and to all applicable zoning ordinances and/or restrictions imposed by governmental`�authities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonfib g or in any way appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31st of 2012. Page 1 of 2 3832 - 138649 Packet Pg. 148 *** OR 4978 PG 2066 *** 3.B.f In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first above written. D.D. Development, LLC, a Florida limited liability company, , By: Kenneth E. DeS /A-11 , By: Susan E. DeSheyer, Manager Signed, sealed and delivered in Witness Signature Print Name: c �\CC''Ro\Ozs ''\- State of County of Witnes ig ture Pain ° Name: l ► U� /"' ' �-- The Foregoing Instrument Was Acknowledged before me,' 'or Kenneth E. Desht3lreer and Susan E. DeShelter, Managers of limited liability company who are personally known to me or v license as identification. , D,0S,yerZe (Printed Name) My Commission expires: _/ 2013, by elopment, LLC, a Florida roduced a valid driver's c err eC'— . ,... PR I A L y ,OGER RILL j pL5t ;, sto'a cf oS: / ? ry Commission Exp'res 03-14- Page 2 of 2 3832 - 138649 Packet Pg. 149 THIS INSTRUMENT PREPARED BY: James D. Vogel, Esq. Fla. Bar No. 0051373 Vogel Law Office, P.A. Suite B, Midwest Title Bldg. 3936 Tamismi Trail North Naples, Florida 34103 (941)262-2211 PREPARATION ONLY WITHOUT OPINION 2848611 OR: 2882 PG: 24 UCOUID 1n 011ICIAl 11CORD3 Of C06LI11 CO 3.B.f o311t12001 at 00:54M D1I(NT I. IIOCt, CUU C013 191014.01 RIC n1l 11.51 DOC-.70 1313.60 Rita; 1ID113T TITU PICK DP SPECIAL WARRANTY DEED THIS SRE{fAL``' WARRANTY DEED is made this day of August 2001, by NAPLES EQUESTR'I N CHALLENGE CENTER, L.C., a Florida limited liability company, 208 Ridge Drive, Nap es,1:34108, hereinafter called the GRANTOR, to NAPLES EQUESTRIAN CHALLENGE, INC., a Florida non-profit corporation, PO Box 1353, Naples, FL 34106, hereinafter cared the GRANTEE. s, (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives ari"igns of the individuals, and the successors and assigns of corporations). WITNESSETH: That the grant valuable considerations, receipt where aliens, remises, releases, conveys and Collier County, Florida, viz: Lot 20, Block I, PINE RIDGE SUBDIV in Plat Book 3, Page 24, Public Records' Property I.D.: 67185080001 in consideration of the sum of $10.00 and other y acknowledged, hereby grants, bargains, sells, into the grantee, all that certain land situate in :ording to the Plat recorded County, Florida. SUBJECT TO all restrictions, reservations and easer0ints r mmon to the subdivision, if any, zoning restrictions and prohibitions imposed by governmental authority; and taxes for the year 2001 not yet due and payable.; 4 4 TOGETHER WITH all the tenements, hereditaments and appuerices thereto belonging or in anywise appertaining. l TO HAVE AND TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor"i°s lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through and under Grantor, but against none other. 6 YjLZXj~1 143DM PNL Packet Pg. 150 *** OR: 2882 PG: 2442 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: STATE OF COUNTY O The foregoing Warranty l 200_.L_, by]Karen C .C., rsonally known to me or as identificaitt w----�-"� O VA.MO"I1t20M FNL Naples Equestrian Challenge Center, L.C. a Florida Limited Liability Company By: s, aren Conley, Manager acknowledged before me this ��_'` day of Manager of Naples Equestrian Challenge Center, Mr a WASSpM • cc mom, MR& 0"Ou n. 2Mi Notary Name of Notary Packet Pg. 151 a3ss��B� �� La•Aag;9m w•o• p G 3I I a I I 99cp e 5 I �a 1 wb I I ----- F-1 El Jill l - am 0 I r;:"✓ coxc vAvxix ° h� �I I y • �j � I �. € I � S �' e �x pnrFa amni � II � ' � I as iN to '• \ `8 ti � v • I - s n x zoz � psi g I. I m < K ` "sBa°aaro5"E ® a F $ m C NM RSTREET rwE a r•vulun S_ a m z z m p m c o 8 y O O = n mPM A $gasmUsavms�sNw�sx pp< m ? o z A € as 6 pA5 ql -°;as' �ggg,,�Me "r-,gp s axe m a<<§ g $5 �yqA a o Rs °z n z m a„ �cq o� A�^a ��o z £ it a sa'� s N iu Z a yc 3 N "& gm� f Ws 1 mm M Nit s� s aailsae P J a 81 m18 11 'Aim c:\suxtar\maccv sumEr zpzz\os - uwcs ,rrcuavc,nrc uwruc ¢umr (uwcc nwcn\ m nt nmcnmem.owc �+ Enpplloent'a sacwup, nppncation one supporting °ocume,rts Iza,zt: vuzort000t,u cu zgg ala9e °rive-xaplez r5erapeutic almne cen�erl 0 3.B.f October 08, 2008 Mr, Brad Stockham, PSM WilsonMiller 3200 Bailey Lane, -Suite 200 - -- -- Naples, FL. 34105 Re: Engineering Review -- Lot Line Adjustments LLA-AR- 13 776, NAPLES EQUESTRIAN CHALLENGE Dear Mr. Stockham: This is in response to your letter dated 9/22/2008 with attached original lot line adjustment affidavit regarding the above referenced property. We have reviewed the affidavit submitted and find it to be in compliance with the provisions of Section 3.2.4.8 of the Land Development Code. Attached please find the original affidavit which has been acknowledged by this office. This document must be recorded in the public records of the County. A copy of the recorded document must be submitted to Engineering Review immediately after it is recorded and to the Building Review and Permitting Department with the building permits for the properties in question. Furthermore, please be advised that (if not previously recorded you must also record a Quit -Claim Deed in the Public Records of Collier County in order to complete the lot line_ adjustment. If you have any questions regarding any of the above, please do not hesitate to contact this office. Sincerely, John R. Houldsworth Senior Engineer Attachment (original affidavit) cc: Peggy Jarrell, Addressing Packet Pg. 153 Retn,. 4264959 OR: 4430 PG; 0820 VOGEL LAN OFFICE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 3936 TAXIAXI TR X 18 02/24/2009 at 03:52PX OVIG57 1. BROCK, CLERK REC FEE RAPLES FL 34103 COPIES LOT LINE ADJUSTMENT AFFIDAVIT NOW COMES Brigid D. Soldavini, as President of Naples Equestrian Challenge, Inc., who being duly sworn, depose and say: Naples Equestrian Challenge are the fee simple title holders to that property legally described as: Lot 21, Block I, Pine Ridge (Hereafter Lot "A") 2. Naples Equestrian Challenge are the fee simple title holders to that property legally described as; Lot 20, Block 1, Pine Ridge (Hereafter Lot "B 3. The parties desire to adjust a lot line and create two revised Lots, as depicted in the sketch and legal descriptions prepared by_Bradley E. Stockham Florida Professional Land Surveyor #6390 attached hereto and made part hereof as Exhibit "1", 4. Naples Equestrian Challenge, as the owner(s)of said Lot A hereby consents to the tot line adjustment in accordance with Section 10.02.02 13.8, LDC. 5. Naples Equestrian Challenge, as the ow r 'd Lot B hereby consents to the lot line adjustment in accordance with Section 10.02.02 6.8cotx 6. Because the lot line ac minimum required road frontage to, the requirements of Section 7. The property describehe Development Code, as amencred. 8. Furthermore, the lot intensity of use of the affect development within the meal nt)ffift-result in two loillOWd �! equivalent in size and having the r age, the lot line adjustm me is the standards of, and conforms trh,e Collier County L d D)yelopment Code. is zone of 2k(LoI d meets the intent of the Land met ll of a p rights or permitted density or vi ' h ting of new lots for resale or tion 10.02.02 5.8, 9. This Affidavit isbeing giJ scant to Section 10 Code. \I 10. This Affidavit has been rev' ev MAP Development Services Department John Lit day of i� , 20 SIGNATURES OF OWNERS: STATE OF FLORIDA COLLIER COUNTY oilier County Land Development &y 1, \ .\$=L!�2 t-"- — of the er of Collier County, Florida on the Naples Equestrian Ch a C. r• d D. Soldavini, President ! Ta c� r�•tf Ttt foregoing 'nstrument was acknowledged before me this' �- day of 206 ti , by d ry V, - C who have produced F1 q e V as Identification a who did/did not take ah oath. My Commission Expires: NOTARY PUBLIC -STATE OF FIARI}DA Cinzia Bombard Commission # DD793121 Expires: JUKE 19, 2012 BONDED MU ATWMC BONDING Co., INC. Notary Public Commission No. -1) _-) g.31 ;L j Print Name: C,nz, ^ �� 3.B.f H.50 2.00 m a z ar m a� iY co CD N U co ti 0 0 0 N CD N J d M ti M Packet Pg. 154 p1 0 w CD rt SOa OO'00"E 425.00' rn O C nl c M Z 0 N V Cq E I w I -A to E g OQI Z-0 I m o Ia I � a a CI I N I � to Iwo I I oui c� I w 8 I I g� 258.27' �y so,•53'2rw 419.28' 1� r 000DLC17E `/RVK ROIp (RAF BUAP Ij FifCf W) —lowfi*ff—ar Mir- 0 z 'Rig RAS I'll . A pit EOjY` Sever=�F- G v, $m RA Oil u'd' ' AllStAr.5 All n 4n N� All a O BAR9 Cox At is r s :A Opp ERR Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 0 -0 Z cn oZ>� r�(MA x 00 f�l Qrn0 rn CNr CJ �X O ZZ N ;0O0 O Z a�z CD O0-1 O A EV CO C) O (7 N 7C A� x _____-______—___—__�_—_� ` ` Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 : 3.B.f RESOLUTION NO. 13- 2 3 6 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE L c ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THERAPEUTIC EQUESTRIAN RIDING AND STABLING ON PROPERTY LESS THAN 20 ACRES IN SIZE WITHIN A RURAL o AGRICULTURAL ZONING DISTRICT PURSUANT TO D SUBSECTIONS 2.03.0l.A.l.c.19 AND 2.03.0l.A.l.c.24 OF THE v COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST o CORNER OF GOODLETTE-FRANK ROAD AND CENTER STREET IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 N EAST, COLLIER COUNTY, FLORIDA. (PETITION CU- a PL201100007191 M ti WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, N and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, w coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and ; WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow therapeutic equestrian riding and stabling on property less than 20 acres in size within a Rural Agricultural zoning district pursuant to Subsections 2.03.0I.A.l.c.19 and 2.03.0I.A.l.c.24 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20110000719 filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A. representing Naples Equestrian Challenge, Inc. with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use Naples Equestrian Challenge, Inc. I of 2 CU-PL20110000719 — Rev. 9/09/13 Packet Pg. 157 3.B.f to allow therapeutic equestrian riding and stabling on property less than 20 acres within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.19 and 2.03.0I.A.l .c.24 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B", and subject to the Conditions of Approval found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super -majority vote this V� day of 2013. ATTEST IJ�VVI .L i' E,- BROCK, CLERK Attest as 5ignaturo4nly. Approved as to form and legality: mily R. in E P.P �111113 Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions of Approval CP\ 13-CPS-01225\34 : BOARD QF ZONING GEOgGIA A. HILLER, ESQ. A Naples Equestrian Challenge, Inc. 2 of 2 CU-PL20110000719 — Rev. 9/09/13 Packet Pg. 158 Exhibit A Legal Description ALL OF LOTS 19 & 20, BLOCK I, OF PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 20, BLOCK I OF THE PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID LOT 20, N 90° 00' c 00" E, A DISTANCE OF 478.94 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK I; THENCE ALONG SAID EAST LINE S 01 ° 53' 23" W, A DISTANCE OF 400.22 FEET TO THE c SOUTHEAST CORNER OF LOT 19 OF SAID BLOCK I; THENCE ALONG THE SOUTH LINE OF SAID LOT 19 N 900 00' 00" W, A DISTANCE OF 465.74 FEET TO THE WEST LINE OF SAID a BLOCK I; THENCE ALONG SAID WEST LINE N 000 00' 00" E, A DISTANCE OF 400.00 FEET TO M THE POINT OF BEGINNING N CONTAINING 4.34 ACRES, MORE OR LESS. Packet Pg. 159 n ,p O C �Zm x 2 C m Z m @ m a �y n n m N n N 9 m A .ypL S MVATE DRIVE / BRIDLE PATH , ANNIR11 JOB I211 1111IM 1111 I111 MI,11 1111 I��I ��t M MI��1 ONE M scurH �- —1. -, !I II ri �Ir 1 o y I Itl n II I III II II f III fl I If I III II ' II fill II III I III (I II f III N II 11fl II III I II It II III It II I U� II III I II I II ' II I I II g II II if II III IN 11 'It fill II I If 1111 If 111 till II II t III II III 1 III II ' II 1 III II III I III I( II I III II � II III It III I III II � II t III 11 II 1 41 II III t III II II III II III I III tl II III II II 1 III II III III II II t III II II I III N III I III fl ' II 1 III II III I III II II III II if W W Lh Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 : 3.B.f CONDITIONS OF APPROVAL FOR CU-PL20110000719 1. No office or business space rental to outside entities. 2. The additional uses on Lots 19 and 20 will not increase the number of program participants by more than 200 participants overall. 3. No participant programs are to be held on Sunday on Lots 19 and 20. 4. Special events open to the public shall be limited to 4 events per year on Lots 19, 20 and 21 and follow LDC 5.04.05 temporary event permitting requirements. 5. Maximum building height for principal structures on Lots 20 and 19 will be 25' zoned building height. 6. Ridge Drive setback for principal structures will be consistent with the existing principal structure on Lot 20. 7. Outside lighting shall be limited to low intensity bollards, and no exterior lighting is allowed except as necessary for security and safety. Lights shall be shielded or directed on Lots 19 and 20 to avoid light overflow on adjacent property. 8. Maximum number of stabled horses on Lots 19 and 20 will be 6 horses. 9. No amplified sound equipment or systems are allowed on Lots 19 and 20. 10. Adjacent to Ridge Drive on Lots 19, 20 and 21, an LDC 4.06.02 Type C landscape buffer shall be provided and a Type B landscape buffer will be provided on Lot 19 between Lots 19 and 18. 11. Landscape buffers will be installed with first vertical construction. 12. Maximum parking spaces shall be 52 spaces. 13. The emergency gate on Ridge Drive will be constructed of solid decorative material. 14. Any metal roofing will be colored to remove glare. 15. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and volunteer training as well as board meetings may extend to 9:00 pm. 16. No street parking or parking on perimeter of Lots 19, 20 and 21. EXHIBIT C Page 1 of 2 Packet Pg. 161 3.B.f 17. The southerly access on Ridge Drive shall be closed within 120 days of this conditional use, except for emergency access for emergency service vehicles. 18. Lots 19, 20 and 21 are limited to a 400 program participant capacity per week. 19. Access to the equestrian riding and stabling facility shall be limited to Center Street. No participants, volunteers or guests shall use the local streets in Pine Ridge subdivision as through -traffic to other areas of the County, except for residents of Pine Ridge subdivision. 20. This approval is for a non-commercial, not -for -profit, therapeutic equestrian riding facility 13-CPS-01225/41-Rev. 10/10/13 Page 2 of 2 Packet Pg. 162 3.B.f 13A 1 RESOLUTION 2000- 6 3 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A THERAPEUTIC EQUESTRIAN RIDING FACILITY CONDITIONAL USES 19 AND 24 IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses 19 and 24 of Section 2.2.2.3 in an "A" Zone for a therapeutic equestrian riding facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4.of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- - - -------- Packet Pg. 163 3.B.f 13A 1' The petition filed by Karen Blackwell representing Naples Equestrian Challenge Center, L. C. with respect to the property hereinafter described as: Lot 21, Block 1, Pine Ridge subdivision as recorded in Plat Book 3, Page 24, of the Official Records of Collier County be and the same is hereby approved for Conditional Uses 19 and 24 of Section 2.2.2.3 of the "A" Zoning District for a therapeutic equestrian riding facility in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, Done this _ day ofA&9& JC.I , 2000. AT RSt DWIG14T E. BROCK, Clerk F Attest -.vs to C' at '.s"- S� �t�i�'onri and Legal,Sgfhc' kncy,: Marni M. Scuderi Assistant County Attorney DC -2- BOARD OF ZONFNG?APPEALS COLLIER MINTY, FLORIDA BY. !I)t 6 T1M TIY J. NS NTINE, CHAIRMAN Packet Pg. 164 3.B.f 13A 1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-30 The following facts are found: 1. Sections 2.2.2.3.10 and 2.2.2.3.19 and 2.2.2.3.24 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P19rf: Yes V No - B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e ss Yes ✓ No C. Affects neighboring properties in relation to noise, glar economic or odor effects: y'No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distric . Compatible use hin district Yes No Based on the above findings, this conditional use shou with stipulations, (copy attached) re ommend for approval 8 DATE: MEMBER:��`z�1 7:lG&niNF1NDING OF FAC! IEA®ERJCU-M30 Exhibit "A" Packet Pg. 165 RIDGE DRIVE 60' RIGHF OF WAY 17 1 GOOOLEME-FRANK ROAD C it rl `3'' L wiftomiller CONCEPTUAL MASTER PLAN , Exhibit "B" -"--�- W W Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 : 3.B.f 13A 11 CU-99-30 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, prior to Site Development Plan approval. 3. An application for Site Development Plan approval shall be submitted to the Planning Services Director within 60 days of approval of this Resolution. 4. This approval is for a therapeutic equestrian riding facility only. Any other use that is not permitted by right shall require approval of another Conditional Use. M M N EXHIBIT "C" Packet Pg. 167 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) Conditions of Approval 1. No office or business space rental to outside entities. 3-2. No participant programs are to be held on Sunday ^^ Lets ° -;;Ad- 20 4.3. Special events open to the public shall be limited to 4 events per year eR Lets 19'n and wand follow LDC 5.04.05 temporary event permitting requirements. 5-4. Maximum building height for principal structures ^^ i ets 'n -.Ad .- ,° will be 25' zoned building heightheight, except as may be permitted in LDC 4.2.01.D.1., exemptions and exclusions from design standards. 7-.5. Outside lighting shall be limited to low intensity bollards,— or pole lighting with cutoff fixtures and no exterior lighting is allowed except as necessary for security and safety. Lights shall be shielded or directed en Lets 19 and 20 to avoid light overflow on adjacent property. 9-.6. Maximum number of stabled horses ^^ i ^*r 1 ° - n,l 20 will be &22 horses. -9-.7. No amplified sound equipment or systems are allowed on Lots 19 and 20. 3�8. Adjacent to Ridge Drive en Lets 19, 20 and 21, an LDC 4.06.02 Type C landscape buffer shall be provided and a Type B landscape buffer will be provided on Lot 4-9-18 between Lots 4-9-18 and 3917. 34-.9. Landscape buffers will be installed with first vertical construction. 4-3-710. The emergency gate on Ridge Drive will be constructed of solid decorative material 44.11. Any metal roofing will be colored to remove glare. U August 16, 2022 © GradyMinor Page 1 of 2 Conditions of Approval-r2.docx Q Civil bnginccrs • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Packet Pg. 168 3.B.f 4-5712. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and volunteer training as well as board meetings may extend to 9:00 pm. 4-6-713. No street parking or parking on perimeter ofLets 19 20 and "the subject property 3-8-.14. Lets 19,20 and 21 aFe—The facility is limited to a 400320 therapeutic rider program participants capacity per week. 44715. Access to the equestrian riding and stabling facility shall be limited to Center Street. No participants, volunteers or guests shall use the local streets in Pine Ridge subdivision as through -traffic to other areas of the County, except for residents of Pine Ridge subdivision. 24716. This approval is for a non-commercial, not -for -profit, therapeutic equestrian riding facility. August 16, 2022 Page 2 0 2 Conditions of Approval-r2.docx Packet Pg. 169 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) Conditions of Approval and Justifications 1. No office or business space rental to outside entities. Justification: Condition #15 adequately addresses the maximum number of program participants, and this condition is no longer necessary. 3-2. No participant programs are to be held on Sunday ^^ Lets ° -;;Ad— 20 Justification: The CU applies to all properties owned by NTRC and is no longer necessary to reflect only a portion of the site. 4.3. Special events open to the public shall be limited to 4 events per year eR Lets 19'n and wand follow LDC 5.04.05 temporary event permitting requirements. - .4. Maximum building height for principal structures en Lets 20 and 19 will be 25' zoned building height, except as may be permitted in LDC 4.2.01.D.1., exemptions and exclusions from desien standards. Justification: All new structures must meet the minimum 50-foot front yard setback from Ridge Drive or Center Street. 7--.5. Outside lighting shall be limited to low intensity bollards; or pole lighting with cutoff fixtures and no exterior lighting is allowed except as necessary for security and safety. Lights shall be shielded or directed ^^ i ^+- , ° - n,l 20 to avoid light overflow on adjacent property. 8-.6. Maximum number of stabled horses an Lets 19 and 20 will be 6-22 horses. Justification: a w The original Equestrian Challenge operated a 10 stable therapeutic riding facility on Lot Q 21 prior to the CU approval for the facility in 2000. The limitation for 2 horses per acre E U August 16, 2022 © Grady.Nlinor Page 1 of 3 Conditions of Approval - Justification-r2. docx Q Civil bnginccrs • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Packet Pg. 170 3.B.f is not applicable for a stabling facility approved through the Conditional Use Process. The facility has limited the total number of horses to 22, which can be accommodated in the proposed expanded barn and paddocks. -9-.7. No amplified sound equipment or systems are allowed on Lots 19 and 20. 3�8. Adjacent to Ridge Drive en Lets 19, 20 and 21, an LDC 4.06.02 Type C landscape buffer shall be provided and a Type B landscape buffer will be provided on Lot 4-9-18 between Lots 4-9-18 and 3917. 4-1�9. Landscape buffers will be installed with first vertical construction. Justification: Parking will be provided per LDC standards based on the stable and office areas only. 3-3,10. The emergency gate on Ridge Drive will be constructed of solid decorative material. 4-4.11. Any metal roofing will be colored to remove glare. 4-5712. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and volunteer training as well as board meetings may extend to 9:00 pm. 4-6-713. No street parking or parking on perimeter ofLets 19 20 and "the subject property. Justification: This condition has been completed and the emergency access is in place. The access to the newly added lot 18 will remain to serve the residential structure. 3-8-.14. Lets 19,20 and 21 aFe—The facility is limited to a 400320 therapeutic rider program participants capacity per week. Justification: Due to NTRC programming standards, the maximum number of weekly riders will be 320. 4-9-15. Access to the equestrian riding and stabling facility shall be limited to Center Street. No participants, volunteers or guests shall use the local streets in Pine Ridge subdivision as August 16, 2022 Page 2 0 3 Conditions of Approval - Justification-r2.docx Packet Pg. 171 3.B.f through -traffic to other areas of the County, except for residents of Pine Ridge subdivision. 2-A-16. This approval is for a non-commercial, not -for -profit, therapeutic equestrian riding facility. August 16, 2022 Page 3 0 3 Conditions of Approval-Justification-r2.docx Packet Pg. 172 ZONING: A, AGRICULTURAL USE: HORSE STABLE ------ ----- ------------------------------------ ----------------------- CENTER STREET + --------- -- -- -NORTH PROPERTY LINE 0'WIDE=Q'LANDSCAPE BUFFER - — --------- - ------- - - �0� m K > Z L> 11 --1 i .1 z 0 - - - - ------- ------------- - - - 0 ------------- - - - i A---------------------------------------------------- 1 ------------ ------------------------------------- ----------- ZI -- ---- ----------- ------ ---------- 7 v 0 v x 0 z Z U) v >m v 50'-O"BLG.l v Z ICI SETBACK —z mm 0 N m 0 z m ;u 0 F ri) <;u > z U) co ;u In m m---------- cn IT IT 1 31011 > ------------------ 5 ----- ------ —J7 T, I m I m T 10 Q -4 123 ---------- k < -0 0 m 11 m 0 0 LzLF 0 i 0 1. m z co I 1 0 1 z ii Z > I m m w �L'� Z. z I Z. -j 1 4 A 0 0 1 m m o -0 0 1 i 9 X r- (5 m z p z 'Al m m c: 0 IX z I o m z ~0: m c I cn I mI cn G) m N I r, 0 In Z I > z I G) I m In I m z I ct) 0 ---------- T, - G) 0 m WALKWAY I PRIVAT co ms _..__,�D 71, 0 cm In o o i I m 9 m I > z NG z c m , A x X C, > z JI o o z -W--A--L -K-t--A-y---------L- E-Q-RI' DU.5PATlH-.I----------------- --------N---------- --- ------------- -- --- ---------------------------------------PP -------- - -- - -- - -- - -- - -- - -- - ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - o SENSORY TRAIL 3 oo o o o z z l 9 z 911-ol z my ol rj) fi 171 > z m oo, o o o o o z z 9 P z - - - - - - - - - - - SENSORY TRAIL 15'WIDE TYPE'B'LANDSCAPE BUFFER SOUTH PROPERTY LINE ZONING: A, AGRICULTURAL USE: SINGLE FAMILY RESIDENTIAL 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) Environmental Data The Naples Therapeutic Riding Center recently acquired Lot 18 (2.1± ac.) of Pine Ridge subdivision, which is immediately south of the existing facility which operates on Lots 19-21 of Pine Ridge Subdivision. The total campus acreage with lot 18 will be 8.95± acres. A conditional use for sports and recreational facilities and stabling on less than 20 acres was approved in 2000 (CU Resolution 2000-063) and 2013 (CU Resolution 2013-236). The proposed Conditional Use proposes to modify the Conditional Use Site Plan to incorporate the newly acquired property into their campus, and to make other site revisions which will include the expansion of the existing stable/barn located at the intersection of Goodlette- Frank Road and Center Street, adding an additional covered riding arena, and construction of a one-story office building to replace one of the residential structures, which has been utilized for the NTRC offices. The newly acquired property contains a single-family residence. The new Conditional Use Site Plan identifies that the home will remain and a detached garage and fenced paddocks for horses will be added. The residence will be utilized to house employees on -site to care for the horses and property. Conservation and Coastal Management Element: Policy 6.1.1 establishes the minimum preservation areas for residential and mixed -use projects as 25% of the on -site native preservation. This parcel was a single family parcel with an existing home. This parcel was originally permitted in 1970 (Permit 70-1419) a single family home was subsequently built. In 1982, an additional permit (Permit 4 82-826) was obtained for a garage. The lot lacks what would be considered native habitat. In addition, an exotic vegetation removal permit was obtained because this parcel was impenetrable with numerous exotics. The parcel today is void of native vegetation. Approximately 3 Slash pines exists and a few banyan trees. This parcel was legally cleared and void of native habitat/vegetation. Thus, this project is exempted from Policy 6.1.1 3.05.07 Preservation Standards A. (1) Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, understory and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. In the absence of other native strata, herbaceous vegetation not typically associated with the re -growth of native vegetative communities, commonly known as weeds, shall not be considered native vegetation for the purpose of preservation. B. (2) Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: a. March 25, 2022 Gt adyMinor Page 1 of 3 NAPLES EQUESTRRIAN Environmental Discussion 0 (11%it Elig wrr . hand surcc'cnrs • Planura" • Landscape An9dtects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com ^ www.gradyminor.com Packet Pg. 174 3.B.f Where the parcel was legally cleared of native vegetation prior to January 1989 and remains cleared of native vegetation. Two permits were obtained to construct a single family residence and garage. A permit 70-1419 was obtained for a single family home. In 1982 another permit was obtained for a garage 82-826. This parcel was legally cleared. Since the site has no habitat / vegetation, no preserve will be provided. This will be consistent with Goal 6 of Collier County GMP's Objective 6.1 Protect native communities through the application of minimum preservation requirements. OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The o County relies on the listing process of State and Federal agencies to identify species that require special N protection because of their endangered, threatened, or species of special concern status. Listed animal N species are those species that the Florida Fish and Wildlife Conservation Commission has designated as a endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A- M 27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered M and Threatened species published in 50 CFR 17.) This project site is currently surrounded by either roadway or development. The parcel is bordered by a roadway along its eastern and northern boundary. This parcel fronts Ridge Drive. To the west and south is residential development. A brief examination of the parcel found no listed animals on site. The parcel is not located in a USFWS Panther Consultation Zone. Black Bear Management: Attached is an exhibit showing Black Bear Nuisance calls. The attached exhibit shows proper waste management. A brochure will be provided to the center. Listed Plants Species: Any listed species plant species on vegetation to be removed will be relocated as per 3.04.03. 3.04.03 - Requirements for Protected Pants When habitat containing the following listed plants is proposed to be impacted, plants listed as Rare and Less Rare (below) shall be relocated to on -site preserves if the on -site preserves are able to support the species of plants. Relocation of epiphytic species of plants listed as Rare and Less Rare (below) shall only be required for plants located within eight feet of the ground. Plants listed as Less Rare shall be relocated to the on -site preserves only if the preserves do not already contain these species. When available, only two plants per species per acre of plants listed as Less Rare are required to be relocated, up to a maximum often plants per species per preserve. March 4, 2022 Page 2 of 3 NAPLES EQUESTRRIAN Environmental Discussion Packet Pg. 175 3.B.f Wellfield Overlay: The subject property is located within Wellfield Risk Management Special Treatment Overlay Zones W- 1 and W-2, as identified on the accompanying exhibit. LDC Section 3.06 describes the intent and purpose of establishing the ST zones around regulated public water supply wells. The use of the property for the agricultural equine therapeutic riding facility is not a regulated use within the ST zones, and there are no hazardous materials stored or utilized on the property. March 4, 2022 Page 3 of 3 NAPLES EQUESTRRIAN Environmental Discussion Packet Pg. 176 3.B.f N _d Q R Z �L O N U cc n r O O O r N O N J a r M ti Cl) N N C E 7 V O C L O Q Q O m u .Q Q Q Q :.i M� W Y) c,> Q Q W Packet Pg. 177 3.B.f FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 1891 - RIDING STABLES Equestrian center 740 - DISTURBED This is a parcel that does have a few scattered Slash pines. This site was heavily infested with exotic vegetation. The site got an exotic vegetation removal permit and now it is possible to traverse the entire site. This is a platted lot with a home. Common Name Slash pine Cabbage palm Ear leaf acacia j ava plum banyan tree ABREVIATIONS — Scientific Name Pinus elliotti Sabal palmetto Acacia auriculiformis Syzypium cumini Ficus benghalensis Indictor Status FACW FAC Exotic Exotic Exotic Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) Packet Pg. 178 3.B.f d �L 2 0 N U CD ti r O O O r N O N J a r M V` M N to r 4/1/2022, 10:35:02 AM 1:36,112 0 0.28 0.55 1.1 mi Bald Eagle Best Locations 11 1'—'� I 0 0.42 0.85 1.' km 330ft Buffer Around Test Locations 660ft Buffer Around Test Locations c^, 2022 fAicrosoft Comoration © 2022 Maxar —ICNES (2022) Distribution Airbus DS © 2022 TomTom @ 2022 Microsoft Corporation. C 2022 Maxar. CCNES (2022) Distribution Airo Packet Pg. 179 G 3.B.f BLACK BEAR CALLS •',-y Fes` Pr- - ! d PIT- Q Z rAc- p � °Ar y. ? CD O Pine Ridge Pelican Day o 0 J . i arch Naples = `� Trale Ce4w _ _ _ -- 711 a ti V rasa fttk m or L _ Q POP- rL - - .3Usti Rurs- __ _ 3 for ,. M - - - Ci ask` fF 0 Napbs In °Q Gaff i W Fir r 6/17/2022, 9:31:54AM 1:36,112 U 0 0.28 0.55 1.1 mi tw Black Bear Calls F 0 0.42 0.85 1.7 km Florida Fish and Wildlife Conservation Commission -Fish and Wildlife -wa Research Institute, Sources: Esri, HERE, Garmin, Intermap, increment F Q Corp.. GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Packet Pg. 180 Disclaimer: This graphical representation is provided for informational purposes and should not be considered authoritative for navigational, engine , 3.B.f CotHer County Well Field Protection Zones 1010 Well Field Protection Zones W -1 Zone = 1 Year Travel Time Isocorltour W - 2 Zone = 2 Year Travel Time Isocontour W - 3 Zone = 5 Year Travel Time Isocontour W - 4 Zone = 20 Year Travel Time tsocontour L I 1 1 1 1 i Miles 0 2 4 8 _i U nuikalee i Welt Field t i tF r r i Lee County iLy4 [ _t Avg Maria Well FieldOrangetree Well Field Lee County Collier County Utilities it Golden Gate i '� ✓ ttt�ttt — • ^ .0 Well Field `. .w.i' I it; t l� `•f 1 11 i 1 j7 -__ _ t — .. --iM Cityot Naples East Golden Gate Well Field , City of Naples Coastal RidgeWell Field '-I •-t; 1 ^r-^ Etl t t , - — t ' Collier County Utilities t; st i 1 4I Golden Gate- i Well Field FtaHda Govommental --�•: _ � __. Utility Authority Got. city �- --- -- -.-.. covir County G7YCADA""M Srtdm 1 xn uµ4wnnfgr�av kl •l Everglades City well Field \Port of the islands _. Well Field If i to CL t4 Z d d a1 E 0 N U 0 0 _o N 0 N J a r M M N Packet Pg. 181 1 3.B.f +wrier county GrDNth Management Department VEGETATION REMOVAL PERMIT PL20210002338 Folio Number: 67185000007 This permit authorizes the owner/agent of 170 Ridge DR to remove exotic vegetation using mechanical AND hand removal methods in accordance with the approved clearing plan and the following conditions, per Collier County Land Development Code Chapter 3.05.00. GENERAL CONDITIONS: This permit must be kept on site, and be available for inspection by County, State, and Federal officials. ® This permit does not obviate the owner/agent from obtaining required permits of County, State, and Federal jurisdictional agencies: specifically the Army Corps of Engineers. ® No other protected vegetation shall be injured in any way, including root systems. ® Within one month of clearing, vegetation debris shall be removed from the site to an authorized waste facility. ® 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. SPECIFIC CONDITIONS: • This permit is effective on Monday, October 11, 2021 and expires Monday, April 11, 2022. ® Exotic vegetation may be removed by using mechanical and hand removal means. • No mechanical removal of exotic vegetation may occur within the dripline of native vegetation. Hand removal methods only in areas with native vegetation. ® Allow for natural recruitment of native vegetation after removal of exotic vegetation. ® Protective barricades shall be in place prior to commencement. ® Should non —exotic protected vegetation be injured in any way, in —kind replacement shall be required. ® This permit requires annual maintenance (exotic removal) as required by Land Development Code Chapter 3.05.08.C. Property Owner: NAPLES EQUESTRIAN CHL INC 206 RIDGE DR NAPLES, FL 34108 Phone: 239-596-2988 Sincerely, Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Applicant: Lea Haven 2411 52nd Ave NE Naples, FL 34120 Phone: 239-250-8678 Revi ,1 r ppro e l F_ . Permit Issuance PL20210002338 D—`010/11/2021 M ti M 04 Packet Pg. 182 DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 3.B.f JAB TRANS PCRTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGiNEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT Naples Therapeutic Riding Center (Collier County, Florida) February 28, 2022 Revised July 1, 2022 County TIS Review Fees TIS (Small -Scale Study) Review Fee = $0.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENuE 5W NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTHORIYATioN No. 27830 (PROJECT NO. 1 3091 3) JAM DocuSigned by: E519D679D23E47F... M111�II' � y No. 43860 _ v/ Z STATE OF •t_ ' `�` € RING. N[31�C3....•�� lift NAL,�� Packet Pg. 183 DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 3.B.f TABLE OF CONTENTS Existing Operation and Proposed Expansion 2 Existing Traffic Conditions 3 Future Traffic Conditions 4 Table A - Existing and Future Site -Generated Traffic 4 Conclusions 5 T M Appendix 6 M N Packet Pg. 184 DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 3.B.f Existing Operation and Proposed Expansion Naples Therapeutic Riding Center is a non-profit equine -assisted therapy facility that provides services to children and adults with special needs. The equestrian facility is located on the southwest corner of Center Street and Goodlette-Frank Road, within Collier County, Florida. The Riding Center recently acquired property that was adjacent to its southern border and is now proposing to expand its operations by constructing an additional riding arena and installing six (6) additional paddocks, as well as other incidental and functional improvements. The new arena will be located on the site's parent -tract and the new paddocks and construction of a maintenance shed will be located on the acquired southern parcel. There is also a single-family residence on the southern property that will remain intact. The Riding Center currently has five (5) management/operations and maintenance staff and with N the proposed expansion will likely add two (2) more staff members. In addition to the staff, there J are volunteers that assist with the supervised riding events. The facility has a therapeutic riding a. enrollment capacity of 170 riders, and each rider is allowed to participate once a week. The most active day of the week occurs on Wednesday evenings when up to 28 riders are hosted at M staggard periods between the hours of 2:00 PM and 8:00 PM. The waiting list for new v enrollment is 84 riders, but the proposed expansion will accommodate up to an additional 150 riders and up to 24 additional riders during the Wednesday sessions. Once the expansion is complete, Naples Therapeutic Riding Center will be able to accommodate a maximum � enrollment/capacity of 320 therapeutic riders and each rider can participate once a week. The ° c total Wednesday events will be able to host up to 52 riders. Currently, the Riding Center has two (2) arenas that have a combined capacity of hosting no more than six (6) riders concurrently. Depending on the age or specific needs of the riders, each rider is supervised by one (1) or as many as three (3) volunteers. Because of the strict supervision requirements, all sessions are provided on a "scheduled appointment" basis only. Riding sessions begin at approximately 8:00 AM and ends the day between 6:30 PM and 8:00 PM, except for Wednesdays when riding sessions begin 2:00 PM and end at 8:00 PM, which is the most active period of the week. During the Wednesday evening sessions, typically four (4) to six (6) riders are hosted every hour (i.e., 45-minute session and 15 minutes for rider rotation), and most often, there are no more than 28 riders hosted at a rate of four (4) to six (6) riders per hour, which are assisted by one to three volunteers. The volunteers usually assist with more than one riding session, but as many as 25 volunteers will arrive/depart at various times between the hours of 2:00 PM to 8:00 PM. As mentioned, the facility can accommodate no more than six (6) riders at a time and each therapeutic riding session is for a period of approximately 45 minutes, except for some children and adult equine -facilitated learning or psychotherapy sessions which vary from one (1) to two (2) hours. During the longer sessions, there are no other concurrent riding events. The Naples Therapeutic Riding Center's primary access is on Center Street, which is the only means of ingress/egress for guests, riders, and volunteers. It was observed that almost all of the site -generated traffic travels to/from the site via Goodlette-Frank Road and Center Street. The site does have access to Ridge Drive that is used only by the Riding Center's management staff 2 Packet Pg. 185 DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 3.B.f and there is also an emergency exit only access on Ridge Drive that is gated. As part of the proposed expansion, access on Ridge Drive will be restricted to emergency use only, except for a residential access that exists on the recently acquired property. The residential access will remain intact and will be used for the single-family home and the proposed equipment shed. Existing Traffic Conditions W to In order to quantify the volume of existing background traffic on the adjacent streets and trips N currently generated by Naples Therapeutic Riding Center, traffic counts were conducted during M the highest peak demand periods (i.e., between 2:00 and 6:00 PM). The traffic counts were obtained at the Riding Center's access points on the adjacent roads and at the intersections of Center Street and Ridge Drive and Center Street and Goodlette-Frank Road. The traffic counts o were obtained on December 1, 2021 which was during the Riding Center's recurring high N activity event (i.e., Wednesday evening with 28 riders and 25 volunteers). The traffic count data J is provided in the appendix. As established, the Riding Center had a maximum demand of 15 a. entering and 12 exiting trips that occurred between 4:30 PM and 5:30 PM, which is a total of 27 two-way trips. M N In addition to obtaining the traffic data, JMB conducted field observations of the traffic conditions/operations on Center Street, Goodlette-Frank Road and Ridge Drive. The study's evaluation and observations of the existing traffic conditions supports the following conclusions: Center Street Center Street is a two-lane local road that has a peak season peak hour two-way traffic demand of approximately 270 vph. The current demand is 30% of the road's two-way carrying capacity. Based upon the demand vs. capacity (v/c ratio = 0.30), it was concluded that Center Street operates at a level of service LOS A (refer to Table 2 thru Table 4). Ridge Drive Ridge Drive is a two-latze local road that has a peak season peak hour two-way traffic demand of 158 vph, which is less than 20% of the road's two-way carrying capacity. Its v/c ratio = 0.17, which supports the findings that the road operates at LOS C (refer to Table 2 thru Table 4). Goodlette-Frank Road As established by Collier County's 2021 AUIR, Goodlette-Frank Road (between Pine Ridge Road and Orange Blossom Drive — Link No. 25.0) has a peak hour peak direction service capacity of 3,000 vphpd and the current background'Y' vested trips is 1,498 vphpd, which is a v/c ratio — 0.63 and a level of service at LOS C (refer to Table 2 thru Table 4). Center Street/Ridge Drive Intersection This intersection is a four-way stop controlled intersection with a total peak season peak hour four-way approach volume of less than 275 vph, which is less than 25% of the intersection's carrying capacity. An operational analysis of this intersection was performed based upon the guidelines set forth by the Highway Capacity Manual. The results are provided in the appendix (refer to pages Al and A2). As determined, the intersection operates at LOS A conditions. Packet Pg. 186 DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 3.B.f Center Street/Goodlette-Frank Road This intersection is a "T" configuration, and the north/south approaches (Goodlette-Frank Road) is under free -flow conditions. The north/south approaches have three (3) thru lanes/direction, there is a northbound -to -westbound left turn lane and a nouthbound-to-westbound right turn lane, and the eastbound approach is restricted to right turning movements. The intersection has all the turn lane provisions necessary to accommodate the traffic demands and no further improvements to the intersection are warranted. An operational analysis of this intersection was performed based upon the guidelines set forth by the Highway Capacity Manual. The results are provided in the appendix (refer to pages A3 and A4). As determined, the intersection operates at LOS C conditions. Future Traffic Conditions N As previously mentioned, Naples Therapeutic Riding Center is proposing to expand its a capabilities by constructing an additional riding arena and increasing its therapeutic ridership enrollment from 170 to 320 riders and the most active period on Wednesday from 28 to 52 M riders, which is almost twice the current enrollment. It is expected that the number of volunteers PIC will increase proportionally, but the management and maintenance staff will not. Conservatively, the study considers that the total peak hour traffic demand will increase at the same rate of new riders and volunteers. Therefore, it is concluded that the net new trips will result in twice the 3 existing demand as summarized below. Table A Existing and Future Site -Generated Traffic Naples Therapeutic Riding Center Wednesday Peak Hour (vph) Existing Site -Generated Traffic 27 Trips 15 enter112 exit New Site -Generated Traffic 27 Trips 15 enter112 exit Future Site -Generated Traffic 54 Trips 30 enter/24 exit El Packet Pg. 187 DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 3.B.f The estimated net new trips (i.e., 27 two-way trips) will be a 10% net increase in the existing background traffic on Center Street and is 3.0% of Center Street's carrying capacity. The impact of the net new trips generated by the proposed expansion will be negligible and will not degrade the operation or level of service of Center Street, Ridge Drive or Goodlette-Frank Road, or their respective intersections. More specifically, all roadways and intersections will continue to operate at acceptable levels of service after the completion of the expansion. As previously mentioned, all guests, riders and volunteers have access to the site via the main entrance on Center Street, which minimizes the impact on the adjacent local road network. The access on Center Street is approximately 270' to the west of Goodlette-Frank Road, which places it at an appropriate distance from the intersection of Center Street/Goodlette-Frank as well as Center Street/Ridge Drive. The proposed access location exceeds the County's minimum intersection separation criteria which avoids the occurrence of turning movement conflicts with the two (2) adjacent intersections. During the data collection, it was observed that almost all trips generated by Naples Therapeutic Riding Center used Goodlette-Frank Road. Conclusions As determined by this study, the trips associated with the proposed additional therapy riding arena will be 3.0% of Center Street's carrying capacity, and all roadways and intersections within proximity of Naples Therapeutic Riding Center will continue to operate at acceptable levels of service, which have been described below: Road or Intersection Center Street Ridge Drive Goodlette-Frank Road Center St/Ridge Drive Center St/Goodlette Frank Road Level of Service A (see Tables 2 thru 4) A (See Tables 2 thru 4) C (See Tables 2 thru 4) A (See pages A6) C (See pages A7) 5 Packet Pg. 188 DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 3.B.f Appendix Master Concept Plan Table 1 - Site Access Traffic Counts Tables 2 thru 4 Center Street & Ridge Drive Turning Movement Counts Center Street & Goodlette-Frank Road Turning Movement Counts Highway Capacity Manual Worksheets and Results J Packet Pg. 189 1V ZONING: A, AGRICULTURAL USE: HORSE STABLE T 4 - CENTER STREET up9 DCAN APE BUFFER z am I �I - — -- - ,... I lN, �n fn tl a w s kk ❑ $z , m ! o Ia c A mi r , S, ❑ _a rto oj�. F! 'n Asa — — — — o � L�LJ LEI A , ml _ h -- zi J z y Z g I�VTJiall j m WALKWAY! PRIVATE DRIVE l BRIULE PATE 2 ❑ cl P ❑ m is 1 -_ WALKYJAYIPRIVATEDRIVEIBR�I�LEPALL}i ,al 6fflA ew�11ffj l �orw,o, , r r i SENSORY TRAIL - Vi I g I I I� p < I Z m A M n M z czi b m 8 R z E SENSQRYTRAIL �� 15' WIDE TYPE'B' LANDSCAPE BUFFER X �._�,._�_� SOUTH PROPEervuMe �� rt ZONING: A, AGRICULTURAL W USE: SINGLE FAMILY RESIDENTIAL Q7 Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 4 (.V�V�VJV YLJ� —0 —v —Pi �VOVJO -Ul U"'IS DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 3.B.f Naples Equestrian Challenge Traffic Count Date of Survey: December 1, 2021 Q- Day of Survey: Wednesday 0 Z m Start Time Enter Exit Total o 1:45 PM 1 1 2 co 0 2.00 PM 1 0 1 D U 2:15 PM 2 0 2 m ti 0 0 2:30 PM 4 0 4 N 0 N J 2:45 PM 5 0 5 a M 3:00 PM 1 0 1 M 3:15 PM 2 2 4 c m E 3:30 PM 4 3 7 0 0 3:45 PM 1 3 tM 4 S t 0 4:00 PM 2 0 a 2 U) 4:15 PM 3 2 5 0 4: 30 PM 2 4 coo U 0- 4:45 PM ell4 CL Q 5:00 PM 4 1 0 lid U w m 5:15 PM 5 c 0 5:30 PM 3 1 4 a- a 5:45 PM 3 6 9 w c m t R 4:30 to 5:30 15 12 a AZ Packet Pg. 191 o E o a. a ro m n m Q sv 3 M Iv N A ? Z n Z r a �j K) 0 m a CA . 0 0 m (D rt N M O n C/) u) w � rn m a o CO q rn N N N N 0 3 yO 0) CD vv 0 M 0 ,v v CL mm v vat 10) D OC C � O Cn o a 0o CD a a Q C(3CS L ? Z CD Cyl U1 C) Y j O 0 C) O o ,� a c► CO CO o ' � ry, C . _ �. cnz z IrFa 1-0 v x z o -o z zva cn m Q3� 00 o cad i o C)c� m I-r M o d _x -A nQ Cn Q M m D) 0 Ir CD rt C4 W � W Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 V(.V�U�VJV Pul GOJO �LUv OGVJ �Ui VOPJO -Ul "`^"I"""� °a. si `fie m T CL 6f _ •* x L1 a P. z z Cry a ' 0 "U U) CD ID ID 0 0 Q CD CD �. o s m _ m n W � n N N to O a c a +� (.0 (DD pppp A W 4 I C 0" 0 0 s m n Z Z 0 YC_f 1 ~ N N Q p q t1+% 0 O Q O 5 R XT s sn Ojb o0 w cWi 3 p c 3 M d CL W w o O CL 3 rr Ig 7C O +� 0O6 � p, CL O A a C mCL a n N N tE h� 06 D) 0 W CD rt C4 W � W Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 P( V�U�VJV Pul GOJO �LUv OGVJ �Ui VOPJO -Ul "`^"I"""= M N MoY oD O M tD O d AnZ a @ @ 7 7C a N A N v CD O0 O a7 C) N ED m M W 1 O O N m ro � m D o cn a � m N M X -0 w Q wA t � " cAo @ N O •P n oo to CA O vx� p A A Oo 41 �. IC! 7P O Go Ca th O A C 7 C m r z z z o Pr f' " a Z 0 7 9 C m n n as m Icno O@ N n =� r c �. g rL c C CO Go 0 �� 10, p = T 0 U1 Z Z rt n z n_ 01 al O ny O .� `dPr M CD z z M Is! On". n r x -a Ca 01 (.n a O N o o T m 0 0 o n a v C 0 a 7C 'o pa 0 0 o ca C) p d e N Q A n _ O 0 C rt CD �� 0 0 a a to c. � W Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 V(.V�U�VJV Pul GOJO �LUv OGVJ �Ui VOPJO -Ul "`^"I"""� `a�lS DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 S ■1 tap Control Report Copyright c 2022 University of Florida. All Rights Reserved. HCSUW AWSC Version 7.9.5 Generate Ridge - Center.xaw Packet Pg. 195 AG DocuSign Envelope ID: BC18AF2E-C128-497F-8CB3-ED1AC4FOF421 General Information Two -Ways• • ol Report Site Information 3.13.1 Analyst JMB Transportation Eng Intersection Agency/Co. Jurisdiction Date Performed 6/29/2022 EasVWest Street Center Street Analysis Year 2022 North/South Street Goodlette Frank Road Time Analyzed PM Peak Hour Peak Hour Factor 0.95 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Lanes Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound westbound Northbound Southbound Movement U L T R U L T R U L T R U L I T R Priority 10 11 12 7 8 9 1U 1 2 3 41U 4 5 6 Number of Lanes 0 0 1 0 0 0 0 1 3 0 0 0 3 1 Configuration R L T T R Volume (veh/h) 134 0 75 1581 1054 59 Percent Heavy Vehicles (°/a) 0 0 0 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No--- No Median Type I Storage Left Only 1 Critical and Follow-up Headways Base Critical Headway (sec) 7.1 5.3 Critical Headway (sec) 7.10 5,30 Base Follow -Up Headway (sec) 3.9 3.1 Follow -Up Headway (sec) 3,90 3.10 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 141 79 Capacity, c (veh/h) 411 329 v/c Ratio 0.34 0.24 95% Queue Length, Q9, (veh) 1.5 0.9 Control Delay (s/veh) 183 19.4 Level of Service (LOS) C C Approach Delay (s/veh) 18.3 0.9 Approach LOS C Copyright © 2022 University of Florida. All Rights Reserved. HCSIM TWSC Version 7.9.5 Generated: 7/1/2022 12:17:39 PM Center - Goodlette.xtw m CL M Z m �L d co 0 N U m ti 0 0 o_ N 0 N J d T M ti M N A7 Packet Pg. 196 3.B.f COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Naples Therapeutic Riding Center Conditional Use LOCATION: (Common Description) 170 and 206 Ridge Drive SUMMARY OF WAIVER REQUEST: The Naples Therapeutic Riding Center (NTRC) intends to make site revisions to the existing center which will include the expansion of the existing stable/barn located at the intersection of Goodlette-Frank Road and Center Street, add an additional covered riding arena, and construct a one-story office building to replace one of the residential structures, which has been utilized for the NTRC offices. The newly acquired property (Lot 18) contains a single-family residence. The new Conditional Use Site Plan identifies that the home will remain and fenced paddocks for horses will be added. Naples Therapeutic Riding Center requests a waiver from conducting an archeological assessment due to the prior development which has occurred on -site. No excavation activities are proposed at this time. Naples Therapeutic Riding Center understands that any discovery onsite must comply with LDC Section 2.03.07E. (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) M M N Historic Preservation/Forms/rev. 06/05/08 Packet Pg. 197 3.B.f SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Naples Therapeutic Riding Center, Inc. Mailing Address: 206 Ridge Drive, Naples, Florida 34108 Phone: 239-596-2988 FAX: E-Mail: msaracino&ntrc.org B. Name of agent(s) for applicant, if any: D. Wayne Arnold, AICP Mailing Address: Q. Grady Minor and Associates, P.A., 3800 Via Del Rev, Bonita Springs, Florida 34134 Phone: 239.947.1144 FAX: 239.947.0375 E-Mail: wamoldkgradyminor.com C. Name of owner(s) of property: Same as Applicant Mailing Address: Phone: ( ) FAX: E-Mail: Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only l or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Pine Plat Book 3 Page 24 Unit N.A. Block 1 Lot 18, 19, 20 and 21 Section 10 Township 49 S Range 25 E 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Historic Preservation/Forms/rev. 06/05/08 2 Packet Pg. 198 3.B.f Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: 389,862± square feet, or 8.95+/- acres Width along roadway: 874± feet (Ridge Drive) Depth: 4 M C. Present use of property: Ridingfty and single family residences N D. Present zoning classification: A, Agricultural SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph Photo shows existing structures and riding facility 2. Historical Land Use Description: Lots 19, 20 and 21 contain a riding facility and stables and Lot 18 contains a single family residence. Land, cover, formation and vegetation description: Improved properties within platted Pine Ridge subdivision. All 4 parcels have been disturbed. 4. Other: No excavation activities are proposed for the site. None of the structures are historic in nature and improvements have been constructed between mid 1970's through present. B. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the Historic Preservation/Forms/rev. 06/05/08 Packet Pg. 199 3.B.f County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 t/2" x 14") folder. Signature of Applicant or Agent D. Wayne Arnold, AICP Printed Name of Applicant or Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION - SECTION FIVE: NOTICE OF DECISION The County Manager or designee has made the following determination: ❑ Approved on: I0 ❑ Approved with Conditions on: By: (see attached) u Denied on: _ (see attached) Historic Preservation/Forms/rev. 06/05/08 M Packet Pg. 200 Collier County Property Appraiser Property Aerial 3.B.f Site 206 RIDGE Site Zone Parcel No 67185120000 Address DR Site City I NAPLES *Note 3411 *Disclaimer Open GIS in a New Window with More Features. as a z �L NamN_ LPL to O N V �O O O O T" N O N J a M M N Packet Pg. 201 Collier County Property Appraiser Property Aerial 3.B.f Site 170 RIDGE Site Zone Parcel No 67185000007 Address DR Site City NAPLES *Note 3411 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 202 AFFIDAVIT OF COMPLIANCE 3.B.f Petitions: PL20210001746 — Naples Therapeutic Riding Center CU I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. Sharon Ump'enhotdr a�`Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this July 21, 2022 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. (Signature of Np ary Public) Printed Name of Notary CARIN J. DWYER MY COMMISSION # GG 982367 EXPIRES: May 14, 2024 Bonded Thru Notary Public underwriters Packet Pg. 203 GradyMinor 3.B.f Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20210001746 — Naples Therapeutic Riding Center CU In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Naples Therapeutic Riding Center, Inc. (Applicant) will be held August 9, 2022, 5:30 pm at the Naples Therapeutic Riding Center, 206 Ridge Drive, Naples, FL 34108. Naples Therapeutic Riding Center, Inc. has submitted a formal application to Collier County, seeking approval of a Conditional Use (CU) to allow Uses 19 and 24 of Section 2.03.01(A)(1)(c) of the Land Development Code for continued use of the site for a therapeutic equestrian riding facility and stabling on parcels less than 20 acres in size. m Q. M z m �L d a� co 0 N U m ti 0 0 0 r N 0 N J d The subject property is comprised of 8.95± acres and is located at 170 and 206 Ridge Drive in Section 10, Township 49 South, Range 25 East, Collier County, Florida. N 0 0 0 If you have questions please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 • Fax. 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 Bonita Springs, FL 34134 xV"/AV.g Packet Pg. 204 GradyMinor 3.B.f 3800 Via Del Rey Bonita Springs, FL 34134 PINE RIDGE CIVIC ASSOCIATION OF NAPLES PO BOX 111208 NAPLES, FL 34108 Packet Pg. 205 m ODCDOD3pZm==TmfxiiDCOOrDDCC ccc. ATAFAXF-AA=titititin w p mDrnTiyOwDrmmm�DmOmm`3333A 3 Om -A AAADAA2AAc222Z- mOVC>Z> �ZP <AAm�OcyCtwwntZT�SOD >�>XOcy n��DoO�-ZJC20i0N0N0DDo, - 0IDii z O 2 zz0000 ARw D D xuu 00mx>ww00oocmm >mii,ZZ2; mfAoOw >Dm D Z .rO. J m 20 yy 21 mZO Z �<000 _ m m O O O O --- nnn � ��Nw<3ZA�o N.i3�ww�tiA��NpNd'd'e v 30 A ZrO32 OOA�AAAAZA AO m AZmX2 QTZO O AATTTZTTOmAAmD222w O A A y m m A v 0 ti 4 y y N O 2ymy DA= 'TTX x>AAyAmmAZ3 j� d ZA AA m r 2 OO ptiyxx t 3p Z.y2 00 A m A m00 m 3 T > w 0 O 2 yMz u A 0 p D < N mN N O A$A A u NN r Z O A_ O 0000 TOT T mm A AAAA w AmA A Z w Kwww Dj A A ItDmmm u I Z A O p000 A 3AAA m O C A m 3 N m O A DzzzzzzDDDDDDDDDDDDDDDDDD mzm W Z4lNNNNNNNNNNNNNNNN r rrrrrrZrrrrrrrrrrrrrrrrr T TTTTT TTTTTTTTTTTTTTTT C �mammwwwmww�m��a�� 1.o 1.11.1.1.1.1.00 MMMMMIMMMMMMMMM ZZZZZ ZZZZZZZZZm$mmmm�yy� A AAAANAAAAAAAAAA ZT.AAAAN22w 00000 OOOOOOOOOOm0000 m m m m m O O O O O O O O O 0 0 0 0 41 mmMM O mmmmmmmmmmcx�� mmmmmmmmmmrmmmmy 00y m mmmm�rrrrrrrrrrmrrrr 00 O OH OO O-O -A 000mNx l 0"0O0OOOOA�O.�cAc 0000yyOj0yA Z0 �0 A womym000 D 2 G+ AAAOO m OOx A O" pA pA m oDDZ O OOOm�O O AO A OM.. DZT. (lmyy5;y y -NAy O 4 < MON 2 c OO S wp O < FO O A A m0 y m 0 O Om 2 N O Zv m w O u 0C w m a Zc A w 2 Z � p c2i o w Ny w� c m 210 z 21 z z2 m Zo mo 0 p 0 02 A �w O �O op � GI - g N�oSmNBNoommmw`N°om8womoomS� 0 � S&�NmmS&�N&N�w$��mSS&&NAB ccccccccccccccccccccccccccD (7 0 � m rt � � T C4 W N W O � °' Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents (23731 3.B.f PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 Q GRADY MINOR ASSOCIATES 3800 VIA DEL REY BONITA SPRINGS, FL 34134 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve 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 the said newspaper. 7/2112022 Subscribed and sworn to before on July 2V, 2022 PUBLICATION COST: 51,008.00 AD No: GC10915763 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD NANCY HEYi�MAN Notary Public State of k'V S consin RECEIVED JUL 2 8 2022 Q. Grady Minor & Associates, P.A. Packet Pg. 207 3.B.f NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20210001746 — Naples Therapeutic Riding Center CU In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood meeting hosted by D. Wayne Arnold, A1CI? of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, PA., representing Naples Therapeutic Riding Center, Inc. (Applicant) will be held August 9, 2022, 5:30 pm at the Naples Therapeutic Riding Center, 206 Ridge Drive, Naples, FL 34108. Naples Therapeutic Riding Center, Inc. has submitted a formal application to Collier County, seeking approval of a Conditional Use (CU) to allow Uses 19 and 24 of Section 2.03.01(A)(1)(c) of the Land Development Code for continued use of the site for a therapeutic equestrian riding facility and stabling on parcels less than 20 acres in size. The subject property is comprised of 8.95± acres and is located at 170 and 206 Ridge Drive in Section 10, Township 49 South, Range 25 East, Collier County, Florida. zvotr, sr W r c Center s,T_� z Asp o � M c :° [! z_ C7 �O CL ;p SUBJECT Lat PROPERTY If you have questions or comments, contact Sharon Umpenhour with GradyMinor by email; sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. li1 cQ ON_ y ZN, O N =oZ C O O •• Z M01.4 � = y q- TZ N O O T O = % T 3 rn M to Z v - z n rn z Attachment: Attachment E -Applicant's Backup, Application and Supporting Documents N n' O y Q (D � N n Q (D p rn ov y n Q - -rn n < n. �. n n n' � N N rn O -� Z Q -� � � n m Q° Q o 90 n � � o D 0 Q n O M M J� Attachment: Attachment E -Applicant's Backup, Application and Supporting Documents N A IMMWI �► Good/ett e-Franlr --Al Wall Ili--11- 4U.....,- W N W �Ili Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents — J n n O N c Q Q Q C O o C) CD �. CD < �O Z CD CDp L" n CD Q Q Cn v,v, OH �• O Q O O N T CD O Q Q CD C C O C O C N CD N Q c" == O 3 C O Q� o �� Q 5� O O Q N (D CD Q CD r -U Q (DD Q W� cC.> Q Q O O O y _': O CD �_�„ CD 0" :' Q CD 0 Q D Q MUM"�' p Q nz CD oo C — D C Q- Q CD Q O Q cD Q CO n O n -+ n CD Q Q_ 0 Q O Q Q �DQQ�D�o( n O CD n O .. � Q CD CD CDQ C0 Q D O" ( cD Q-QnD C= (D CO LnO O Q n CD O' _ Co =F = Q_ -F CQ CD C C� Q = CD CD CD , CD -q I+ 0 Q Q Q n Q p Q n Q C: n CD _5 Q O N - p- Q n C)' CD -0 Q_ (D O Q_ CD CD CD �- Q Q C ON D �— O n Q N Q O n. -+ �' cn —f. Q -- CD n —{- p Q � p O p CD CT O Q O:D O ::Y- Q CD CD 5 0-�' O O n N On p= O o Q �_ CD Q Q can �" n C(D :�- O C Q . Q� O O CD (D N n O O �' n 0 0 0 O O O Q O p 0 CAD 0 O -h � Ln z Q Q < Q CD Q- Q_ CD n p `" Q Q CCQD CD CD Q Q Q T Q N cn cn CAD Q Q �- O o 0 Q_ Q_ CD v> CD CD Q_ = O C Q p0 �' Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents ):11110 000 PO `n O I I I CENTER STREET _ _ _ I — ----------- ________________ III i -- I I i � _______—_.; I,I I I I I�---- v ----- I I I I j r`s III 3� i I---------- -� l I I .E �L III I ICI ■ I l l 0 m�; I'I — 1 N� I I z i "'m' d O 1 °m m -I I I my i 1 1 1 1 1 1 1 �1 JW mi �i i ' - ' j ! --- ---- -------- 1 '------------------ ---r - 1 m m i lw3uev"a- AtVATE DRNE 7 BRIME PATH G I $ 0 r � m 1�} \. PRVATE DRIVE I BRIDLE PATH 1 B1 1 Bl• B!• I B1 B!• I Bl• B1 I B1 Bl I B1 Bl I Bl SOUTH B1 I B1 Bl I Bl � I B1 B1 I Bl Bl I � B1 I B1 Bl ❑R OPF RTVI MF C N mz G) I- <n 1PB« D = C A C1 � S = M -m H { m n x a0 U) Attachment: Attachment E -Applicant's Backup, Application and Supporting Documents r n z K3 O W-AF1 RR', 0 VALKV%%Y I PRIVATE DRIVE I BRIDLE PATH ZONING: A, AGRICULTURAL USE: HORSE STABLE V CENTER STREET 1 O'VIADE TYPE D LANDSCAPE BUFFER_� Mz P fP1C) 38 C, 11 6 Ttv t v z C) M i >MS _0 1 v z M 0 -4 G) M, I 0-I C, 80 Ut— VALKVAYIPFtIwas .ao.VA PATH M C,l r , z 0, z F Z Fl! z. MSO YAL I II ----------- seua15' WIDE TYPE VLANDSCAPE BUFFER ZONING A, AGRICULTURAL USE SINGLE FAMILY RESIDENTIAL Attachment: Attachment E -Applicant's Backup, Application and Supporting Documents II v 5 z U Attachment: Attachment E -Applicant's Backup, Application and Supporting Documents -`OJ 0�4 --- 'A- 0'.. �Al RI rol�f I Ol � X V. l W. 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A r: = .�-r rOi fb M. o OQ ", a O _ 00 a)ip ? o M N K ply CLO L O C h O o.M N N in 7 Z b fX9 y A O O 00 O h U O 0 N IC W N W Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents a o (D o (D X n o A O G) cD m n G� N Z 0 (Do Q ' rn rn 0run '< O x cQ n �' C ° o 0 Q � y Q H o o Q MUM CA n O '0 o H Q Q O Q 7 — D y, O p O Q Q C < O cD O p 3 Q �_ Q CAD O cn fD CD O% -0CD C n �rn Q o 4. O' CO �' C Q O (Q 7 77 < 7 X + Q cD 3 v, Q o 3 O '0 n ° o m n o ° o Q � 3� x < (Da O ° N 3 �NO N CD n lD O< O (n O n W Q 7 y 7 Q Q �. �. N �❑ L_�`� ❑� O vOi O O N O PIn =F O Q_ N � W Attachment: Attachment E - Applicant's Backup, Application and Supporting Documents 00s 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript Wayne Arnold: I don't know who's in the room. So, are we ready to start? Okay. So, I'm Wayne Arnold and we're here representing the Naples Therapeutic Riding Center. I'm - I'm gonna wait until they come — Speaker 1: Sorry to delay you. Wayne Arnold: So, we're here representing the riding center for a conditional use and that is so they can do several things and I'll describe those in a minute — the conditional use zone type process and this is Sharon Umpenhour with our office Grady Minor Associates. We have to record these meetings for the county. So, she's in charge of the technology and taking notes and helping with the presentation and then we have members of the county staff that are here as well and we have John Kelly who's handling the conditional use application and Ray Bellows, both from the zoning department. And I'll let — Brian if you want to start introductions and we can just kinda introduce your board members as we go along. [00:01:041 Brian McNamara: Good afternoon. My name is Brian McNamara. I'm the President of the Board for the organization for this year. With me today are Dr. Bill who's a past board member. As well as some of our staff. Mario over here is also on our board. We have some of our staff here as well. If you want to introduce yourselves. I'll let you do that if you want. Martin D. St.Pierre: So, I'm the new executive director, Martin D. St. Pierre. I'm on day seven. You'll have to remind me that I'm on day seven. So, we appreciate your being here today and um we've got a couple of our four -legged staff members [inaudible] [00:01:461. Wayne Arnold: If you all can make sure to speak up so we can capture. I mean, we can use microphones. But I'd prefer not to if we don't need to. If you can hear me fine. Cathy Chickerell: I'm Cathy Chickerell. I am handling donor and events management in the office and anything that has to do with handling events and taking donations and those kinds of things. [00:02:081 That's what I'm doing in the office. Jennifer Williams: I'm Jennifer Williams. I'm the barn and property director. Some of you look familiar. Wayne Arnold: And we also have the mini horses in the room. Page 1 of 9 Packet Pg. 219 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript Rachel Vaa: I'm Rachel Vaa the equine resources manager and this is Raisin. [Inaudible] [00:02:271 Wayne Arnold: Thank you all very much. So, it looks like we have three members of the public here. So, we're going to make a short presentation and tell you a little bit about what the application entails and then answer some questions if we have anything and then go from there. So, the property as you all know, we're sitting in the campus and the NTRC purchased last year the property immediately south of us on Ridge Drive and their goal is to bring that into the campus. You know, it's lot 18. It doesn't show very well on the screen. [00:03:09] But, lot 18 is labeled. That's the new property that we wanna add to the conditional use campus and it has a current home on it. M You've seen — if you're a neighbor, you've seen the clearing that's occurred there. They took out all the exotic vegetation and the intent is to retain the residential use, add a utility building, and some horse paddocks and then the residence would be utilized for staff to have a place to have on -site staff uh, living facility and the c° existing campus will have some minor revisions, too. They're going to expand the barn which means expanding the number of c horses and program participants that they can handle. a They wanna add another covered riding arena closer to the ridge and center street and then tear down the house that's been used for their office building and build some true offices on campus. So, that's in a nutshell what they're proposing to do. Uh, that's a long description of the request. [00:04:08] But it says what I just told you they were hoping to do. This is the approved master plan that does not include lot 18 to the south. So, you can see that we have several different features. We're in — let's label this a training room right here. So, this was added several years ago. This facility with the red writing ring is just outside the window here. What we're proposing to do is just add the lot 18 and I'll show you the revised master plan that we're hoping to get approved by the county. So, I'll go back over and point. That's probably easier since my pointer doesn't work on that screen. So, this is the new lot 18 we'd be adding. So, we're evicting the existing residential home that will remain. Adding a utility maintenance type building set back sort of behind the residence and then up to six horse paddocks behind there that would be fronting on the Goodlette Frank Road side of the project. Page 2 of 9 Packet Pg. 220 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript They're in process right now if you've noticed. They've cleared that. [00:05:08] They're adding a barn and they're bringing in a wall of landscaping before they get the approval. I mean, they own the property. They're going to utilize it as a residence if all of this doesn't get approved by the county. It will still prove to be a residence and they can continue to utilize it that way. So, other than the case of minor parking reconfiguration of the building we're in, the real changes would occur sort of on what are lots 20 and 21 as we're calling them. Then the administration building would be built in this area closer to Ridge Drive. Parking's going to get reconfigured and then they will build a new area. The configuration of that has changed a little bit. So, I'm not sure we know exactly what that configuration is going to be. But we know that they'll be proposing that new arena sort of within that portion of the site. If we could just color, it in just because it makes it stand out just a little bit more. So, the barn expansion occurs in this area. A new covered arena in this area. A new administration building over here and reconfigured parking at paddocks. [00:06:09] And that's really in a nutshell what we're proposing to do for the overall property. This is a rendering showing the expanded uh, barn facility along um, Center Street and made a provision. They have a nice little silo feature that they can use for some of the grain storage or just for an architectural feature for the site. But again, hoping to keep the low-key nature of this thing. Limiting its height to 25-feet with the exception for the silo which maybe architecturally just gives it a little bit more height. Uh, all the properties zoned agriculture today which gives them the ability to have heights up to 35-feet. [00:07:11] So, they've made a concession to keep heights down just because as we've been through this process over the many years, that's been something that the neighbors hope to maintain is a low rural character of the facility. So, conditional use of this property is called. The county has a list of conditions that they impose on the property and they're everything from hours of operation here to number of participants. There are things in there that we're modifying and they're going to continue to be modified as staff continues to review. But I didn't tell you we're in the review process. We have our second round of um, interaction with the county that's occuring now. This process Page 3 of 9 Packet Pg. 221 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript is sort of an intermediate step. We can't go to a public hearing until we have the neighborhood information meeting, and they complete their review. I expect they'll complete their review sometime this month and then we will have a hearing examiner now, instead of going to the board of county commissioners we now qualify to go to the hearing examiner which is a one-step review and public hearing process. Uh, there is a process for him to kick it out if there are heightened neighborhood concerns about a project. Uh, as far as I know we don't have an EAC, environmental advisory council review, assigned to this project. So, we qualify to go to the hearing examiner which is what we're anticipating to do. [00:08:08] But all of our information is available on our website and it's also available on the county's website. You can take down this information that has Sharon's contact information and has John Kelly's contact information. You can take a photo of the — up in the corner and it'll take you to a link on our website that has all of this information, and we update it as we progress through the process. As I said, we don't have a hearing date established with the hearing examiner. But I expect it will be sometime early this fall. But that's kind of in a nutshell what we're doing. I'm not going to go through all of the conditions but I'm happy to provide copies of them to anybody. But um, we're — we think it's a very — one it's much needed. Bill or Brian could tell you much more about the need for this. But you know, servicing the community as they have for 20 years, helping with equine therapy for everything from kids to veterans and they do training for others as well here and that's what this room was built for, to help conduct more group training for people involved in other therapeutic uh, counseling in the community. [00:09:09] So, unfortunately the need hasn't stopped but we have conditions that impose limitations on hours of operations, numbers of participants, no Sunday activities, only four major events a year. Things like that. So, we believe that with the changes we'll continue to be the good neighbor that they've proven to be. So, with that I'll be happy to stop and answer any questions that you might have. Unless Brian, I don't know if you had anything else you wanted to add. Brian McNamara: Uh, just briefly. You know, again, we're simply trying to help, you know some of our participants and expand from the perspective of you know, helping more people in the community without having a Page 4 of 9 Packet Pg. 222 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript bigger impact on the neighborhood. Uh, by having a larger amount of horses we can actually put more people on at the same time without impacting the length or duration in which we're on campus providing these lessons and services. So, we're really hopeful that you know, everybody is in support. [00:4 0:08] Again, there was concern in the last expansion when this building was developed, and I think history has proven us to be a good neighbor. That we're you know, nice to be around compared to some of the construction that's currently going on especially on Ridge Wayne: I think, Wayne, just for the record so the listeners can understand who's speaking. I think that what I hear from people in the community, they love the fact that you can be in an urban area and still see horses and there's still agriculturally zoned property in the area where they can know they're not going to have some other type of development that will remain rural in character. So, that's what I think we've tried to accomplish with this site plan after a lot of green space on it still and low impact. Bill Swartz: I would wanna add, Bill Swartz, that one of the main things that we have a waitlist of like 65 riders or participants that we will be able to go ahead and accommodate with the campus expansion which is really a wonderful thing to be able to do. [00:11:16] Bill Schwartz: Um, help people who have just been waiting. waiting, and wait. Wayne Arnold: Great. Thank you. Okay. Any other — Neighbor 1: Okay. I'm the neighbor and I want to know Missy told me that there is going to be a horse fence and a big hedge just like you have out here so I will not be able to see anything which is what I want. Wayne Arnold: Okay. Neighbor 1: Which horses are quiet [inaudible] [00:11:411. But I want a definite horse fence with that same kind of real heavy vegetation around it on our — on your property line — Wayne Arnold: Yes. Neighbor 1: So, I don't see anything. I don't expect to hear anything. Whatever. Page 5 of 9 Packet Pg. 223 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript Wayne Arnold: Mm-hmm. Neighbor 1: And also, you're gonna have a big fence at the back just sort of matching your other fence at — at Goodlette? Wayne Arnold: Yes. Along Goodlette. They're building that fence or are in process of building that fence now, and it will match the existing wall along Goodlette. [00:12:121 Neighbor 1: Okay because that will right away will make our houses a little more secured. Neighbor 1: I've never been — you've never been able to see into my backyard before and right now it's just open. It's exposed to anybody walking down the street and I've never ever had that before and I live by myself. So, I'd like some privacy. Wayne Arnold: Yes. The county has for the property between lot 18 which is the residential and paddock lot and your lot, the county is going to require us to install the buffer. We obviously want the fence for the security purpose and when you say the horse fence, you mean like the wooden fence that's out here? Neighbor 1: Yeah. Not a big chain link. It's a horse fence that's just like you have out here, right? You have this with that real heavy strut. If that's what this is gonna be, that's gonna be perfect. Because there's about what? Eight feet? Ten feet? It's pretty high. Wayne Arnold: Yeah. The county requires us to plant what's called a type B buffer between this property and yours and that's 15-feet wide and it requires opacity. Whether it's a wall or a hedge six feet in height within a year. [00:43:13] So, you'll get opacity of six feet or higher. Neighbor 1: Yours is higher than six feet, isn't it? Wayne Arnold: Yes. It probably is maintained higher than that. But that's the county's minimum requirement. It requires we install it five feet in height, and we have to maintain at six. Neighbor 1: Oh. Right. Right. Right. Page 6 of 9 Packet Pg. 224 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript Wayne Arnold: You can go higher, sure. Neighbor 1: Sure. I want it really private for all of us. Wayne Arnold: Understood. Elaine: Elaine wesnowske. Um, I have a question about the new lot. Okay? The ingress/egress is this going to stay the same and not much traffic coming out of that new lot? Wayne Arnold: That's correct. It's designed to serve the residential lot. I can't tell you for certain that someone won't drive in to grab a trailer or something out of the maintenance building. But it's primarily there because it is going to be used as a residence. Elaine: But it's not going to be used as everybody coming through here and exiting out? Wayne Arnold: No, ma'am. It's not. Neighbor 1: But you can't go there, can you? Because it's gonna be full of stuff. Wayne Arnold: Yeah. This doesn't go through. That's gonna have a building in this location. So — [00:44:13] Elaine: Okay. Wayne Arnold: The driveway will come in around the garage. Elaine: Okay. Wayne Arnold: Obviously from inside, they could come through and grab — Elaine: Okay. Wayne Arnold: Things out of the utility building. And then of course, they did propose a century trail. But you've seen the one here. They'll walk a horse with a rider on it occasionally. Neighbor 1: There's another hedge right past — right behind the house. Is that gonna be the same kind of hedge? The horse — uh, horse fence? Wayne Arnold: Yeah. All of that from this south property line — Page 7 of 9 Packet Pg. 225 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript Neighbor 1: But what about the one that turns in back of the house? Wayne Arnold: Back here? Neighbor 1: You will not be able to get through there? Wayne Arnold: No, ma'am. Neighbor 1: Perfect. Wayne Arnold: All right. Anyone else? Elaine: We are happy to have everyone here as a neighbor. Wayne Arnold: Well, good. Thank you. I'm happy to hear that. Elaine: Thank you. Neighbor 2: I'd like to say one thing. Wayne Arnold: Sure. Neighbor 2: I did wanna compliment your whole staff. Everybody here. What you've done aesthetically. What you've done as far as discipline as keeping the gates closed, etcetera especially with what was originally proposed as far as special events and stuff like that and I think you guys are doing a bang-up job. [00:15:161 Wayne Arnold: Thank you. Appreciate you saying that. Martin: And you know if you ever have any concerns, or you see something. We wanna be good neighbors and we've gotta keep an eye out for each other. So, if there's ever anything that we're not doing right or wrong — Neighbor 1: Everyone has kept their word. Wayne Arnold: Thank you all very much. Neighbor 1: Who's going to be living in the house? Wayne Arnold: I understand — I don't know if you call them barn hands or ranch hands. Page 8 of 9 Packet Pg. 226 3.B.f Naples Therapeutic Riding Center CU (PL20210001746) August 9, 2022 NIM Transcript Jennifer Williams: Yeah. So, it's our caretakers Brian and Chris. So, they actually live here now. Neighbor 1: Who? Jennifer Williams: Bryan and Chris. They live here now. They live in the house on the property now. Neighbor 1: Oh. Jennifer Williams: So, they do all the maintenance and horse care and stuff. So, they're usually here at 5:30 a.m. getting things installed and stuff. So, if the fence breaks or anything just holler, and we'll get them over there to fix it. Neighbor 1: Mainly we want privacy which we've always had and all of a sudden people can just walk in right off Goodlette right there and it's very disconcerting. Bill Schwartz: That will be a priority for us. Yeah. [00:16:141 Wayne Arnold: All right. Well thank you all so much for taking your time to come out and join us. [End of Audio] Duration: 17 minutes Page 9 of 9 Packet Pg. 227 3.B.f (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUN ND DEVELOPMEN ODE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL2C000174 — Na les Thera is Riding Center CU. 3800 Via Del Rey =1 JiM bY--XPPLItANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. _Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF Lee Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me October 24, 2022, by Sharon Umpenhour as Senior Planning Technician for 0. Grady Minor & Associates, P.A., personally known to me of- who ffeduced as identifieation and who 4iEYdid not take an oath. f i L Signature of N(,)Pdy Public � nwrER t. MY COMMISSION # GG 982367 ;a�:o? EXPIRES: May14,2024 •'�odFLq" Bonded Thru 1idW Pubk Urldera rs My Commission Expires: (Stamp with serial number) Carin J. Dwyer Printed Name of Notary Public Rev. 3/4/2015 Packet Pg. 228 Naples Therapeutic Riding Center CU (PL20210001746) 3.B.f Posted October 24, 2022 Packet Pg. 229 3.0 11 / 10/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.0 Doc ID: 23701 Item Summary: Petition No. ADA-PL20220004625 - Valencia Golf and Country Club, Orangetree - Appeal filed by Valencia Golf and Country Club HOA, Inc. of the administrative approvals of Planned Unit Development Minor Change Petition PMC-PL20220003657 and Insubstantial Change to Construction Plans ICP-PL20220003659 regarding sidewalks on private property. The subject property is located in the Valencia Golf and Country Club — Phase 213 subdivision, part of the Orangetree Planned Unit Development in Section 23, Township 48 South, Range 27 East, Collier County, Florida. [Mike Bosi, Director, Zoning] Commission District 5 Meeting Date: 11/10/2022 Prepared by: Title: Zoning Director — Zoning Name: Mike Bosi 10/19/2022 3:52 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/19/2022 3:52 PM Approved By: Review: Zoning Mike Bosi Division Director Skipped 10/19/2022 10:30 AM Growth Management Operations & Regulatory Management Kenneth Kovensky Hearing Examiner (GMD Approvers) Diane Lynch Zoning James Sabo Zoning Zoning Hearing Examiner Ray Bellows Mike Bosi Review Item Review Item Review Item Review Item Andrew Dickman Meeting Pending Review Item Completed 10/19/2022 4:30 PM Completed 10/21/2022 4:27 PM Completed 10/21/2022 5:08 PM Completed 10/25/2022 9:28 AM Completed 10/31/2022 8:13 AM 11/10/2022 9:00 AM Packet Pg. 230 3.C.a Coffier CO-Uftty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION HEARING DATE: NOVEMBER 10, 2022 SUBJECT: VALENCIA GOLF AND COUNTRY CLUB HOA ADMINISTRATIVE APPEAL, ADA- PL20220004625 c as PARTIES: Valencia Golf & Country Club HOA Agent: Michael R. Whitt, Esq. cm 1725 Double Eagle Trail Hahn Loeser & Parks, LLP o Naples, FL 34120 2400 First Street, Suite 300 N Fort Myers, FL 33901 c Lennar Homes, LLC Agent: Richard D. Yovanovich, Esq. N J a 10481 Six Mile Cypress Parkway CYK Lawfirm Fort Myers, FL 33966 4001 Tamiami Trail North, Suite 300 N Russell Smith, Division Manager Naples, FL 34103 N N Collier County Growth Management & Community Development Division c 2800 North Horseshoe Drive Naples, FL 34104 d REOUESTED ACTION: An appeal filed by Valencia Golf and Country Club HOA, Inc. of the administrative approvals of Planned Unit Development Minor Change Petition PMC-PL20220003657 (Attachment "A") and Insubstantial Change to Construction Plans ICP-PL20220003659 (Attachment `B") regarding sidewalks on private property. JURISDICTION: The Hearing Examiner has the authority to hear this appeal under LDC Section 8.10.00 and Ordinance No. 2013-25, as amended. Packet Pg. 231 3.C.a GEOGRAPHIC LOCATION: The Valencia Golf and Country Club sub -division within the +2,138.76 acre Orangetree Planned Unit Development, bounded on the west by Immokalee Road (CR846), on the south by Randall Boulevard and is bounded on the north and easy by drainage ways and both vacant and developed platted lands. Orange Blossom Ranch MPUD also lies to the east. Oil Well Road (CR 858) runs through the project in an east -west direction. (See location map below). Valencia Golf & Country Club Sub -Division Considerations: On February 24, 2009, the County approved the construction plans for Valencia Golf & Country Club, Phase 2 and 2A. However, the plans show that the sidewalk on the cul de sacs meanders outside of the private road right-of-way into a county utility easement. There is no sidewalk or road easement in this location. Recently, Lennar Homes, LLC purchased lots along some of the cul de sacs. During processing of the building permits, Valencia Golf & Country Club Homeowner's Association Inc. notified the County of the error. Packet Pg. 232 3.C.a $208 P /BLUE —BLUE RPM ' WATERMAIN W/3O" 3.0 R F�✓.48R�� MIN. COVER PERMANENT � BACTERIAL MPLE POINT STA, +48 Y The error is illustrated in the followin excerpt from the construction plans: A 1 ! 1-1 / N. ASSEMBLY 3.0' OFF 8" C900 CL200 • BACK OF CURB DRJ8 PVC $ 17.1 yY �q � z tt STORM 35. S. ff304 ry SFA 2+35.7 1 0.0 R '^. INV. EL. *.9UX117 L� s" C PVC MIN. N EL.8�49leFl-r 1� OUT EL. 43A&/2" BLOWOFF FIRE HYDRANT ASSEMBLY 3.0' OFF BACK OF CURB WALUE—BLUE RPM The County placed holds on the issuance of the certificates of occupancy, for lots under contract by home purchasers and in some cases, issued temporary certificates of occupancy pending resolution of the sidewalk issue. Subsequently, Lennar filed Planned Unit Development Minor Change Petition PMC-PL20220003657 and Insubstantial Change to Construction Plans ICP-PL20220003659 requesting approval to remove the sidewalk/not build the sidewalk on private property. On May 20, 2022 the Growth Management Department issued an approval letter to Steve Coleman of Barraco and Associates (PMC-PL20220003657) to omit approximately 566 square yards of sidewalk within the Public Utilities Easement located at the Hagen Court and Lema Court cul-de-sacs that fronts Lots 14, 16-18, 20-21 and 33-38, and add crosswalk signage and pavement markings. Attachment "A"That approval was subsequently revised to add a condition to the crosswalk signage and markings to read, "If the Valencia Golf and Country Club Homeowners Association, Inc. does not consent to the installation of crosswalks on Hagen and Lema Court by September 6, 2022, then the sidewalks shall terminate at Lot #32 and Lot#38 (Hagen Ct) and Lot #22 and Lot#11 (Lema Ct), and the crosswalks shall not be installed." Attachment "C" On May 31, 2022 the Growth Management Department issued an approval letter to a request from Lauren Colarusso of Coleman of Barraco and Associates for an insubstantial change to Construction Plan ICP-PL20220003659 depicting plans showing modification to revise the construction plans to omit approximately 566 s.y. of sidewalk located at the Hagen Court and Lema Court cul-de-sacs in the front of Lots #11-21 and #33-38, and add crosswalk signage and pavement markings on Hagen Packet Pg. 233 3.C.a Court and Lema Court. This approval letter was subsequently revised on August 3, 2022 to add a stipulation which reads, "If the Valencia Golf and Country Club Homeowners Association, Inc. does not consent to the installation of crosswalks on Hagen Court and Lema Court by September 6, 2022, then the sidewalks shall terminate at Lot #32 and Lot #38 (Hagen Ct) and at Lot #22 and Lot #I I (Lema Ct), and the crosswalks shall not be installed." Attachment "M Both modifications were based upon the fact that the approved plat for Valencia Golf and Country Club does not provide adequate right-of-way within its cul-de-sacs to accommodate sidewalks within the right-of-way and the sidewalks were constructed within the 23-foot setback requirement between a garage and the sidewalk. As shown within the below aerial. It should be noted that within the existing development two cul-de-sacs currently violate the 23-foot setback and create the health, safety and welfare condition expressed by the HOA in a April 26, 2022 e-mail. (Attachment -E) The first aerial on the following page is Saraazen PI an existing cul-de-sac within Valencia Golf and Country Club and shows the sidewalk location as outside of the R-O-W and within the 23-foot required setback. The second aerial on the following page is Vardin PI an existing cul-de-sac within Valencia Golf and Country Club and shows the sidewalk location as outside of the R-O-W and within the 23-foot required setback. Packet Pg. 234 3.C.a ,yA V Q Packet Pg. 235 3.C.a County Position: LDC Section 6.06.02.A2 requires sidewalks on both sides of the street of private rights -of -way "unless otherwise determined by the County Manager or designee that the existing ROW cross section is physically- constrained or construction would result in unsafe conditions" per Footnote 2. Section 6.06.02.A.2 of the LDC recognizes that in instances of the constrained right-of-way and lack of easement rights in a location, the County clearly has the ability to determine that this location is physically constrained and not able to accommodate sidewalks. As such the County arrived upon a solution recognizing the installed sidewalks were outside of the R-O-W and on private property and created a conflict related to the 23-foot setback requirement for sidewalks from a garage. The HOA's position is provided for in Attachment-F & G Lennar's position is provided for in Attachment-H STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner deny the appeal. Packet Pg. 236 3.C.b C0198T C014Hty Growth Management Department Zoning Services Section May 20, 2022 Mr. Steve Coleman Barraco and Associates, Inc. 2271 McGregor Boulevard, STE 100 Estero, FL 33928 RE: PMC-PL20220003657, Minor Change to the Orangetree PUD Master Plan (Ordinance No. 12-09) Dear Mr. Coleman: In your application, you have asked staff to consider a proposed PUD Minor Change (PMC) to the above referenced PUD Master Plan pursuant to Section 10.02.13.E.3 of the Land Development Code (LDC). The proposed PMC seeks to add the attached Sidewalk Exhibit 2A (dated: May 6, 2022) to the approved PUD Master Plan. This request entails revising the construction plans to omit approximately 566 square yards of sidewalk approved within the PUE located at the Hagen Court and Lema Court cul-de-sacs that front of Lots 14,16-18, 20-21 and 33-38, and add crosswalk signage and pavement markings on Hagen Court. I have reviewed the amended PUD Master Plan and have determined that the proposed minor refinements are consistent with the Collier County Growth Management Plan and with the applicable criteria contained in the LDC for minor changes to an approved Master PIan. You may wish to have this letter recorded in the official records of Collier County as a permanent record of the approval. If you should have any questions, please do not hesitate to contact me. Sincerely, A Raymo d Bellows, Zoning Section Manager Zoning Division — Growth Management Department cc: Laurie Beard, PUD Monitoring Packet Pg. 237 v i Lr' i m s \ m s — O O O � I I I � � I ! f I � I 1 1 I I I I I Ll - - - - - - - - fi - - - -------tom x m I I n D o1 O 1 � z Iwo I I CO Attachment: PMC-PL20220003657Attachement-A (23701 : PL20220004625 - Valencia Golf & Country Club _ E)UMIT A: MASTER PLAN g 2) l N_ N�f p� j �a psp E� Fm ijp j Wb W <D p ORA?If EMMPUDA ili� i P - ;. - I _ - ORANGUnUM ASSOCIATES lit Ij i r 45M> 1T7VBARMSUM110 f a¢f 14AS7ER PLAN NAPi15 PLORmA 34119 ! E 1 Attachment: PMC-PL20220003657Attachement-A (23701 : PL20220004625 - Valencia Golf & Country Club '.. • �WrR m Z Z t fat .}� -� �- t".:•. "`4. _ r Aqk Za tie Ab irr � ti�: M HHRR i _ s • : t .��'�'4-'� q r d r � l � R t r � �l � �� arC;' $f �`r r � � ». �, � : + � � � -f� : €# - .�„ - 1t ram` ��'��°� . a., •{ . Y � #' . � _ . l o - A t. . �`'; . < . S . i • e Po awl F _': 1. i . ko '?� i� 4 l t �. •fir '�-`�9r - i dy ro 'c. �� .>; s—.-4. .r _.. :; _• -. '.-., '. '- '. ..` - - � ' is _ .nth''. r�: q - i "-$�_.�_f.1Tr. •Pd- �.. ,7�-� ate• s^ _ - r: 3.C.c Caller Count Gann Management Departrnerrt May 31, 2022 Lauren Colarusso, Barraco and Associates, Inc. 2271 McGregor Boulevard -Suite 100 Fort Myers, FL 33901 RE: Insubstantial Change to Construction Plan PL20220003659 Valencia Golf and Country Club Sidewalks (ICP) Dear Applicant: This is in response to your submittal of plans showing modification to CDPAR-8975 to revise the construction plans to omit approximately 566 s.y. of sidewalk located at the Hagen Court and Lema Court cul-de-sacs in the front of Lots 11-21 and 33-38, and add crosswalk signage and pavement markings on Hagen Court and Lema Court. STIPULATIONS: • 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. • PURSUANT TO HB 503, PLEASE COMPLETE THE ATTACHED AFFIDAVIT OF COMPLIANCE AND PROVIDE TO CLIENT SERVICES STAFF (252-2400). INCLUDE THE BALANCE OF ANY OUTSTANDING INSPECTION FEES TOGETHER WITH ANY REQUIRED STATE OR FEDERAL PERMITS. UPON PROCESSING THE AFFIDAVIT OF COMPLIANCE, A PRE -CONSTRUCTION MEETING MAY BE SCHEDULED. This office has reviewed the plans and has no objection to the changes shown unless noted under stipulations. SIGNAGE RESTRICTIONS: 0 • Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building M permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign m placement, dimensions or color depicted on the site and/or architectural plans approved by this letter. r Sincerely, Devee Awectt Review Dir &im Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Packet Pg. 241 3.C.d Cca e-r County Growth Management Department Zoning Services Section May 20, 2022 Revised Letter Mr. Steve Coleman Barraco and Associates, Inc. 2271 McGregor Boulevard, STE 100 Estero, FL 33928 RE: PMC-PL20220003657, Minor Change to the Orangetree PUD Master Plan (Ordinance No.06 12-09) o 0 Dear Mr. Coleman: f° c a� In your application, you have asked staff to consider a proposed PUD Minor Change (PMC) to the > above referenced PUD Master Plan pursuant to Section 10.02.13.E.3 of the Land Development uO Code (LDC). The proposed PMC seeks to add the attached Sidewalk Exhibit 2A (dated: May 6, � 2022) to the approved PUD Master Plan. to 0 0 This request entails revising the construction plans to omit approximately 566 square yards of N N sidewalk approved within the PUE located at the Hagen Court and Lema Court cul-de-sacs that CCD N front of Lots 14, 16-18, 20-21 and 33-38, and add crosswalk signage and pavement markings on a Hagen Court. r have reviewed the amended PUD Master Plan and have determined that the proposed minor ti refinements are consistent with the Collier County Growth Management Plan and with the M applicable criteria contained in the LDC for minor changes to an approved Master Plan subject to the following condition: c a� I. If the Valencia Golf and Country Club Homeowners Association, Inc. does not consent to E the installation of crosswalks on Hagen Court and Lema Court by September 6, 2022, c c� then the sidewalks shall terminate at Lot #32 and Lot #38 (Hagen Ct) and at Lot #22 and Q Lot #11 (Lema Ct), and the crosswalks shall not be installed. ti You may wish to have this letter recorded in the official records of Collier County as a permanent record of the approval. If you should have any questions, please do not hesitate to contact me. Sincerely, I Raymo Bellows, Zoning Section Manager Zoning Division — Growth Management Department cc: Laurie Beard, PUD Monitoring Packet Pg. 242 m I a I 3 / I � — I ! �! o p � I --I I I I r C3 1 � e EE I t Q i I . i a . y 4 M M € 9 $$7 GO Q C� g � Q `"' Attachment: PMC-PL20220003657-Attachment-C (23701 : PL20220004625 - Valencia Golf & Country Club ziu EIMM A: MASTER PLAN m x In MORE vRnrrr rxEEnssocl<aEST, !�i Al 4590�UriMvBpltlV8surmIto !Off MASMPLAN �B+FLORIDA 3{!!9 i 3 Attachment: PMC-PL20220003657-Attachment-C (23701 : PL20220004625 - Valencia Golf & Country Club 3.C.e 4;Z;a117L-r CA3Z Wt Growth Management department Revised Letter August 03, 2022 Lauren Colarusso, Barraco and Associates, Inc. 2271 McGregor Boulevard -Suite 100 Fort Myers, FL 33901 RE: Insubstantial Change to Construction Plan PL20220003659 Valencia Golf and Country Club Sidewalks (ICP) Dear Applicant This is in response to your submittal of plans showing modification to CDPAR-8975 to revise the construction plans to omit approximately 566 s.y. of sidewalk located at the Hagen Court and Lema Court cul-de-sacs in the front of Lots 11-21 and 33-38 and add crosswalk signage and pavement markings on Hagen Court and Lema Court. STIPULATIONS: • Development Review - If the Valencia Golf and Country Club Homeowners Association, Inc. does not consent to the installation of crosswalks on Hagen Court and Lema Court by September 6, 2022, then the sidewalks shall terminate at Lot #32 and Lot #38 (Hagen Ct) and at Lot #22 and Lot #11 (Lema Ct), and the crosswalks shall not be installed. • 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. • PURSUANT TO HB 503, PLEASE COMPLETE THE AFFIDAVIT OF COMPLIANCE AND PROVIDE TO CLIENT SERVICES STAFF (252-2400). INCLUDE THE BALANCE OF ANY OUTSTANDING INSPECTION FEES o TOGETHER WITH ANY REQUIRED STATE OR FEDERAL PERMITS. UPON PROCESSING THE AFFIDAVIT M OF COMPLIANCE, A PRE -CONSTRUCTION MEETING MAY BE SCHEDULED. N This office has reviewed the plans and has no objection to the changes shown unless noted under stipulations. SIGNAGE RESTRICTIONS: • Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions or color depicted on the site and/or architectural plans approved by this letter. Sincerely, Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Packet Pg. 246 3.C.f BosiMichael From: Robert Cooper <racooper@hahnlaw.com> Sent: Tuesday, April 26, 2022 2:39 PM To: AshtonHeidi; GiblinCormac Cc: Henry Amaya; BRIAN F. FARRAR, Land Management Consultant; Mary C. Walker; CookJaime; Mary C. Walker; PerryDerek; BellowsRay; BosiMichael; Robert Cooper Subject: RE: Valencia Golf and Country Club HOA Meeting request 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. M Just so there is perspective on the sidewalk issue — this is one of the problem homes showing the sidewalk in the middle of the driveway — meaning that either the sidewalk is not accessible if the driveway is in use and/or the driveway is not functional for parking a vehicle. Either way, this problem presents a life safety issue for the HOA and its residents. All of the impacted homes have the same problem. .r a Packet Pg. 247 3.C.f Robert A. Cooper, Partner I Hahn Loeser & Parks LLP Tel: 239.337.6730 1 Fax: 239.337.6701 Mobile: 239.910.3825 racooper@hahnlaw.com I hahnlaw.com 2400 First Street, Suite 300, Fort Myers, FL 33901 Hahn Loeser & Parks LLP is a full -service law firm with a national footprint and international reach, with offices in Cleveland, Columbus, Naples, Fort Myers, San Diego, and Chicago. This email may contain information that is confidential or privileged, and it is intended only for the addressee(s). If you are not the intended recipient, you are prohibited from using, copying, or distributing this email, its contents, or any attachment. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. From: Robert Cooper <racooper@hahnlaw.com> Sent: Tuesday, April 26, 2022 2:02 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; GiblinCormac <Cormac.Giblin@colliercountyfl.gov> Cc: Henry Amaya <Henrya.vgcc@yahoo.com>; BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com>; Mary C. Walker <MWalker@hahnlaw.com>; CookJaime <Jaime.Cook@colliercountyfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; PerryDerek <Derek.Perry@colliercountyfl.gov>; BellowsRay <Ray.Bel lows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; Robert Cooper <racoo per@hahnIaw.com> Subject: RE: Valencia Golf and Country Club HOA Meeting request Ms. Ashton Actually the problem started because the County did not identify the set back problem until after the homes were under N construction and for some, were almost fully built. o At least one of the problem homes was improperly issued a C of O despite the set back violation. a If the County had denied the building permits due to the improper set back (as they should have been) — the we would not be dealing with a fix. So, given the state of affairs — the problem concerns the County, Lennar and the HOA— and not just Lennar and the N HOA. We have reached out to them — but heard nothing other than they are working it out with the County. My point being — the County cannot grant Lennar any change to the HOA's community without the HOA's approval Since the HOA has an interest in the sidewalks as common elements per the Declaration, the County must obtain the HOA's approval of any deviation or change. Again, the HOA is requesting to be included in all meetings between the County and Lennar concerning the sidewalk matters — so that an acceptable resolution can be achieved. Happy to have further meetings or discussion on my request. Rob Robert A. Cooper, Partner I Hahn Loeser & Parks LLP Tel: 239.337.6730 1 Fax: 239.337.6701 Mobile: 239.910.3825 racooper@hahnlaw.com I hahnlaw.com Packet Pg. 248 C1 e* r County 3.C.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Appeal of an Administrative Type III Decision LDC section 10.04.04 PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED The following applications are subject to an administrative Type III review: variances, administrative appeals, certificates of appropriateness, conditional uses, nonconforming use amendments, vested rights, flood variances, and parking agreements. APPLICANT CONTACT INFORMATION Name of owner: Valencia Golf & Country Club HOA Address: 1725 Double Eagle Trail Telephone:239-337-6754 Cell: E-Mail Address: mwhitt@hahnlaw.com Name of Agent: Michael R. Whitt Firm: Hahn Loeser & Parks, LLP Address: 2400 First Street, Suite 300 Telephone: 239-337-6754 Cell: City: Naples State: FL ZIP: 34120 Fax: City: Fort Myers State: FL Fax: E-Mail Address: mwhitt@hahnlaw.com REQUEST DETAIL Appeal of Application Number: AR/PL-20220003657 and 20220003659 (Please reference the application number that is being appealed) ZIP: 33901 Attach a narrative describing the request, the legal basis for the appeal, and the relief sought. Include any pertinent information, exhibits, and other backup information in support of the appeal. 12/26/2013 Page 1 of 2 Packet Pg. 249 Co I7er County 3.C.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS The following items are to be submitted with the completed application packet: ❑ Completed application (download current form from County website) ❑ Completed narrative Electronic copy of all documents, please advise that the Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. FEE REQUIREMENTS: Appeal of Vested Rights Determination: $100.00 Appeal of an Administrative Decision: $1,000.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 12/26/2013 Page 2 of 2 Packet Pg. 250 3.C.g Growth Management Division/Planning and Regulation Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 RE: PMC PL20220003657 and ICP PL20220003659 This Appeal of an Administrative Decision of an Administrative Official is filed by Michael R. Whitt, Esq., on behalf of Valencia Golf and Country Club HOA, Inc. ("VGCC" or the "HOA") who seek reversal of PMC-PL20220003657, Minor Change to the Orangetree PUD Master Plan (Ordinance No. 12-09) and accompanying Insubstantial Change to the Construction Plans ICP PL20220003659 pursuant to Section 250-58, Collier County, FL Code of Ordinances. I. Historical Background The HOA is the owner of all declarant rights and all common property in Valencia Golf and Country Club, according to the Declaration of Covenants, Conditions, and Restrictions for VGCC, as amended (the "Declaration"). Lennar Homes, LLC ("Lennar") is an owner/member of the HOA. As an owner of lots in the community, Lennar must comply with the HOA's governing cm documents, rules, regulations, and Collier County, Florida's zoning and setback requirements for o sidewalks on the cul-de-sac lots, just like all other owners within the community. Other than the N rights and obligations of an owner/member of the HOA, the only additional and limited rights o Lennar has concerning certain lots owned by Lennar within the community are referenced in a Article II, Section s2C and E, and Article IV, Section 7a, of the Declaration, which rights were obtained via written assignment from Valencia Owner, L.L.C. However, the referenced sections of the Declaration do not grant Lennar (or its predecessor Valencia Owner L.L.C.) any rights as N "Declarant" of the community, and do not exempt Lennar or Valencia Owner, L.L.C.) from any U. covenant, rule, or restriction set forth in the Declaration. In fact, the referenced sections do not grant Lennar (or Valencia Owner, L.L.C.) any right — other than the right to submit specific land E (referred to in the Declaration as the "Trustee Property") to the Declaration via a Supplemental filing. As such, Lennar, the owner of lots within Trustee Property, has no special rights concerning a its lots in the community. II. The Amendment Request Russell Smith on behalf of Lennar filed an application for a minor change to the Orangetree PUD Master Plan (PMC-PL20220003657) together with an accompanying insubstantial Change to the Construction Plans (ICP PL20220003659) to (PPL2006-AR-8975) VGCC Phase II -A. By way of the Application, Lennar sought approval for a minor change to the above -referenced PUD Master Plan ("PMC") pursuant to Section 10.02.13.E.3 of the Land Development Code (LDC). The proposed PMC sought to modify the required sidewalks according to the approved PUD Master Plan. The request entailed revising the construction plans to omit approximately 566 square yards of sidewalk approved within the PUE located on Hagen Court and Lema Court cul-de-sacs from 13756003.1 Packet Pg. 251 3.C.g Lots 14,16-18, 20-21 and 33-38, and add crosswalk signage and pavement markings on Hagen Court. On May 20, 2022, Collier County staff issued a letter to Mr. Steve Coleman with Barraco and Associates, Inc., acting as agent for the Applicant advising that staff had reviewed the amended PUD Master Plan and determined that the proposed minor refinements are consistent with the Collier County Growth Management Plan and with the applicable criteria contained in the LDC for minor changes to an approved Master Plan. III. This Administrative Appeal Collier County staff approved Lennar's request with full knowledge that "VGCC homeowner's association is the declarant and owner of the platted common areas, ROW, etc...," and despite having received VGCC,'s representative, Brian Farrar's February 16, 2022, e-mail to Collier County Planning Manager, Cormac Giblin, wherein Mr. Farrar expressly conveyed the same. Notice was never provided to nor was any approval obtained from the HOA, who again is the owner of all declarant rights and all common property in and according to the Declaration of Covenants, Conditions, and Restrictions for VGCC. As such, the County had no legal right to permit or approve any change to the HOA's property, to eliminate sidewalks, to approve narrow, legally non -compliant sidewalks without consideration for the fact that the HOA is open to the public due to a golf course or provide for crossing roads owned and controlled by the HOA. Lennar is not entitled to, and the HOA has not acquiesced or assented to Lennar's refusal to comply with the HOA's governing documents, rules, regulations, and/or Collier County's zoning and sidewalk setback requirements for cul-de-sac lots, and/or their refusal to repair (or pay for repairs of common property (i.e. roadways curbs, master irrigation lines, etc.). Sidewalks were improperly located and installed without any notice to or the consent of the HOA. IV. Conclusion 0 ti Based on the foregoing, The County's approval of the minor change to the Orangetree PUD Master Plan (PMC-PL20220003657) together and the accompanying insubstantial Change to the Construction Plans (ICP PL20220003659) must be rescinded. Further, no such amendment can be a lawfully approved without the knowledge and consent of the HOA, or at least, providing notice E and due process to the HOA. 13756003.1 Packet Pg. 252 3.C.h I /07N /0"\ HAHN (V LOESER ivv EST. 1920 I MORE THAN A CENTURY OF CLIENT SERVICE September 7, 2022 Via E-Mail Only Heidi Ashton-Cicko, Esq. Managing Assistant County Attorney Collier County Attorney's Office 3299 Tamiami Trail East, Suite 800 Naples, FL 34112-5749 Heidi.Ashton(i�colliercountyfl.gov James L. Holloway III Direct Phone: (239) 337-6712 Direct Fax: (239) 208-5458 Email: jolloway@hahnlaw.com Re: Supplemental Filing by Valencia Golf and Country Club, Inc.; PL20220004625 (Appeal of an administrative decision of PMC PL20220003657 and ICP PL20220003659) Dear Ms. Ashton-Cicko: On behalf of Valencia Golf and Country Club Homeowner Association, Inc. (the "Association"), please accept this letter as the Association's supplemental filing (with Exhibits) concerning the Appeal of an administrative decision of PL20220004625 (Appeal of an administrative decision of PMC PL20220003657 and ICP PL20220003659). Please provide this letter and attached Exhibits to the Hearing Examiner. Background. The Valencia Golf and Country Club community, Naples, Florida, was created by certain Declaration of Covenants, Conditions and Restrictions of Valencia Golf and County Club, recorded on September 27, 2004, at Official Records Book 3649, Page 3385, in the Official Records of Collier County, Florida (as amended from time to time, the "Declaration"). The Declaration is attached hereto as Exhibit "A". The Association is a homeowners association governed by Chapter 720, Florida Statutes (the "HOA Act"). As provided in Article I, Section lE., of the Declaration, the sole Declarant' of the community was D.R. Horton, Inc. ("D.R. Horton"). As required by Section 720.307, Florida Statutes, and the Declaration, control of the ' Section 720.301(2)(b)(6), Florida Statutes, uses the term "Developer", which is equivalent to the term "Declarant" as used in the Declaration to describe D.R. Horton, Inc. 14009127.1 HAHN LOESER & PARKS LLP attorneys at law cleveland columbus naples fort myers san diego chicago 2400 First Street, Suite 300 Fort Myers, Florida 33901 phone 239.337.6700 tax 239.337.6701 hahnlaw.co Packet Pg. 253 3.C.h 1 /07% /O"N HAHN (V LOESER ivu EST. 1920 1 MORE THAN A CENTURY OF CLIENT SERVICE September 7, 2022 Page 2 Association was turned over to the "members other than the developer"2. D.R. Horton does not own any property in the community, and, as such, any and all "declarant" rights of D.R. Horton that survived turnover were assigned to, and are enforceable by, the Association, through its member -controlled Board of Directors, as provided in Article XI, Section 2, of the Declaration. Specifically, for purposes of this Appeal, the Association has and controls (exclusively) all rights, powers and duties of the Architectural Review Committee ("ARC") set forth in Article VIII of the Declaration, which includes the right to approve and deny any and all changes in the lots and structures and improvements to be constructed on the lots; and, pursuant to Article XI, Section 2 of the Declaration, the Association is the only entity with the right or the power to modify, amend, deviate from or change the community's development plans and drawings, applicable land development codes, development orders, permits, etc. concerning any lot, tract or property subject to or governed by the Declaration. Lennar Homes, LLC ("Lennar Homes") acquired several building lots in the Valencia Golf and Country Club community for the purpose of constructing homes thereon for resale to the public. Lennar Homes purchased its building lots from a third party after turnover of control of the Association. Lennar Homes is not the Declarant/Developer or successor Declarant/Developer (successor of D.R. Horton) of the Association. Simply stated, Lennar Homes is merely a lot owner. Lennar Homes' rights, obligations and limitations with respect to the building lots and/or modification of the building lots it owns in the community are set forth in the Declaration, including its obligation to obtain the approval of the ARC before making any change to a building lot. 0 The Association is the sole owner of the PUD Master Plan and all relevant development M plans, construction plans, development orders, permits, etc. for the community. Relevant to this matter is the fact, that Lennar Homes, as the mere owner of buildable lots, is expressly prohibited from unilaterally making (or requesting) any change, modification, deviation, etc. of any development plans, construction plans, the PUD Master Plan or similar plans/approvals for the z community. Article XI, Section 2, of the Declaration. y On multiple occasions, this Law Firm advised Collier County's attorneys and staff that Lennar Homes did not, and does not, have any right or power to modify the PUD Master Plan and/or any construction plans relative to driveways, sidewalks and/or set -backs to be located on lots within the community owned by Lennar. In addition, we also informed Collier County and Lennar Homes on multiple occasions that the. proposed elimination of sidewalks and the installation of crosswalks were not acceptable to the Association. Further, on multiple occasions, 2 Section 720.307, Florida Statues, provides that the term "members other than the developer" shall not include builders, contractors, or others who purchase a parcel for the purpose of constructing improvements thereon for resale. 14009127.1 Packet Pg. 254 3.C.h /07N /"N HAHN 0 LOESER ivv EST. 1920 1 MORE THAN A CENTURY OF CLIENT SERVICE September 7, 2022 Page 3 Collier County staff advised the Association and this Law Firm that Collier County would not issue Lennar Homes a Certificate of Occupancy for any lot/home on which the sidewalks were not installed as required by the PUD Master Plan and construction documents. Emails attached hereto as Composite Exhibit "B". However, without prior warning or notice to the Association and with full knowledge that Lennar Homes lacks any authority to change the PUD Master Plan and/or construction documents, Collier County, without the approval of the Association (which Association approval was not given) abruptly reversed course and issued Certificates of Occupancy for lots/homes without sidewalks. Further, Collier County wrongfully accepted Lennar Homes' request for an Insubstantial Change to Construction Plans (PL20220003659) and Minor Change to the PUD Master Plan (PMC-PL20220003657), effectively eliminating the sidewalks on Lennar Homes' lots, and administratively granted the same. Collier County's wrongful conduct in approving the modifications requested by Lennar Homes forced the Association to file its Appeal. Hearing Examiner Does Not Have Authority to Hear this Matter. The Association is the sole owner of the PUD Master Plan and all relevant development plans, construction plans, development orders, permits, etc. for the community. Lennar Homes, as the mere owner of buildable lots, is expressly prohibited from unilaterally making (or requesting) any change, modification, deviation, etc. of any development plans, construction plans, the PUD Master Plan or similar plans/approvals for the community. Further, Lennar Homes failed to obtain ARC's approval for changes to its building lots. Lennar Homes' request for both the Insubstantial Change to Construction Plans (PL20220003659) and Minor Change to the PUD Master Plan (PMC-PL20220003657), included an Affidavit of Authorization signed by Russell Smith on behalf of Lennar Homes. Affidavit attached hereto as Exhibit "C". The Affidavit is part of Lennar Homes' Application (and required to be included with the Application by Collier County). In the Affidavit, Mr. Smith declared to Collier County in relevant part: "I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the reference property as a result of any action approved by the County ...." At the time Lennar Homes submitted its Applications to Collier County both Lennar Homes and Collier County had actual knowledge that Lennar did not have any legal or contractual authority to request and/or submit the Applications and/or to request the changes identified therein. Collier County is obligated to check each Application for completeness before accepting the Application. In effect, since the Affidavits were known to be incorrect at the time of submittal, the Applications are both improper (Lennar Homes lack authority to submit the Applications) and incomplete. As such, neither Collier County's Board of County Commissioners, staff, or the Hearing Examiner has the right or authority to administratively approve improper and incomplete 14009127.1 Packet Pg. 255 3.C.h I �� HAHN Q LOESER EST. 1920 1 MORE THAN A CENTURY OF CLIENT SERVICE September 7, 2022 Page 4 Applications. The Hearing Examiner does not have the right to hear an Appeal based upon improper and/or incomplete Applications. It is important to recognize that neither Collier County or Lennar Homes can argue that their errors are insubstantial and/or can be corrected. Therefore, the Applications must be rejected as improper and incomplete, and any and all actions approved/authorized by Collier County in connection with said Applications must be rescinded. Applications Were Improperly Approved by Collier County; The Applications require the approval of the Hearing Examiner at a Public Hearing. Notwithstanding the fact that Lennar Homes does not have any right or authority to modify or amend the PUD Master Plan and/or construction documents for the community set forth above (which position is dispositive of the entire matter), the Appeal (or forcing the Association to Appeal) is also improper because Collier County has no authority to administratively approve the Applications. It appears that Lennar Homes improperly alleged that the changes were "minor" and "insubstantial" to avoid Applications being reviewed and approved by the Hearing Examiner at a public hearing. The changes are not minor or insubstantial as it relates to the entire community development plan. The Applications, which in effect modified the PUD Master Plan and the Construction Plans for the community to allow the removal of 566 s.f. of sidewalks only on lots owned by Lennar and the addition of new cross walks and pavement markings across the Association's roadways, represent a major and substantial change to the PUD Master Plan and Construction Plans. Lennar Homes building lots in question are the only lots in the community without the required sidewalks. The removal of the sidewalks and the addition of new cross walks and pavement markings on the Association's roadways are contrary to the Collier County's sidewalk requirements for residential planned communities. Collier County Planning Manager, Development Review, Gibling Cormac, stated to the Association in his email dated April 25, 2022, at 4:44 pm that "Simply removing the sidewalks from those lots would not be in compliance with the Land Development Code without an approved deviation in the PUD (requiring a public approval process)." Email attached hereto as Exhibit "D". Further, removal of the sidewalks and the addition of new cross walks and pavement markers substantially changes the look and development intent of the community, as such, have a major and substantial impact on the community and its residents. 14009127.1 Packet Pg. 256 3.C.h I r"1/"N HAHN 0 LOESER iv EST. 1920 1 MORE THAN A CENTURY OF CLIENT SERVICE September 7, 2022 Page 5 Even if Lennar had the right or authority to modify or amend the PUD Master Plan or the construction plans for the community (which it does not), the Applications cannot be administratively approved by Collier County but must be reviewed and approved by Hearing Examiner at a public hearing (and not as an Appeal). Sincerely, James L. Holloway III JLH/cm Attachments 14009127.1 Packet Pg. 257 s 3481135 OR; 3649 PG; 3385 HUMID in OFFICIAl6 11COHS of COL1I11 Caulln, FL 0912112004 at 01AIM 0ilIM 1. B20CI, CLIRI RIC FBI 647.50 THIS INSTRUMENT PREPARED BY: ketn: Juan E. Rodriguez, Esquire SAWK00 Will It Ill, SALOMON KANNER, DAMIAN & ROORIGUEZ PA. H SW STH 51 R550 2550 8ricke11 BayVew centre KIlll[I FL 33I30 80 SW. Bih Street Miami, Florida 33130 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF VALENCIA GOLF AND COUNTRY CLUB This Declaration of Covenants, Conditions and Restrictions of Valencia Lakes is made by Q-R. ll?rton, Inc., a Delaware corporation (the "declarant"), this a- day of may, 200C l ,; WITNESSETH. Declarant is the-bvin9t of the property located in Collier County, Florida, and more particularly+ described.jr't Exhibit "A" attached hereto; and Now, Therefore, Dec/claret 4keby declares that all of the real property described in Exhibit "A" shall be held, sold�cop�e`yed, leased, mortgaged and otherwise dealt with subject to the easements, covers n�p!conditions, restrictions, reservations, liens and charges as hereinafter set forth, all of �jhich are for the purpose of enhancing and protecting the value, desirability and4trr��a- C Iveness of said real property and to provide a uniform plan of development for the �sam .'Said easements, covenants, conditions, restrictions, reservations, liens and cha s run with the real property described in Exhibit "A" attached hereto, as it may be or supplemented from time to time, shall be binding upon all parties having andler4cxfi 'ring any right, title or interest in the real property described therein or in any part t ebf and shall inure to the beneirt of each and every person or entity, from time to ti e; 6wNng or holding an interest in said real property- 1, ARTICLE I y) DEFINITIONS f. Section 1, The following words and terms when used in ffs % e laration or any Supplemental Declaration hereto (unless the context shall clearly ind catotherwise) shall have the following meanings: A. "Articles" and "By -Laws" shall mean and refer to the Articles of Incorporation and the By -Laws of the Community Association as they may exist from time to time. B. The terms "Common Area" and "Common Areas" shall mean and refer to those portions of the Property not designated on a Plat to be used for the construction of Units. Common Areas include Common Property, but said term also refers to portions of the Property which may be intended to be conveyed or dedicated to Neighborhood Associations rather than the Community Association. Common Areas may be owned by or dedicated to the use of the Community Association or any Neighborhood Association, and the use of the term "Common Area" shall not denote ownership by the Community Association. Notwithstanding anything to the contrary contained this Declaration, Common Areas shall not include the Golf Course Property or any lakes not designated in a Plat or Supplemental Declaration (as hereinafter defined) for the Community S g 505SG81-2 0 ti Cl) EXHIBIT Packet Pg. 258 OR: 3649 PG: 3386 Association or a Neighborhood Association. C. "Common Property' shall mean and refer to those tracts of land, together with any improvements thereon, and any personal property situate thereat, which are actually deeded to, dedicated to, or otherwise acquired by the Community Association. D. "Community Association" or "Valencia Golf and Country Club Homeowners' Association, Inc." shall mean and refer to Valencia Golf and Country Club Homeowners' Association, Inc., a Florida not -for -profit corporation, its successors and assigns. E. "Declarant" shall mean and refer to D.R. Horton, Inc., a Delaware corporation, its successors and assigns. F. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions, and estrictions and includes the same as it may, from time to time, be amended. - "'p U G. "Fa�4iily welling Unit" or "Unit" shall mean and refer to any improved 3 property intend'ed_fpr'use as a single family dwelling, including, but not limited to, any L j single family detache"rrattached dwelling, patio home, zero lot line unit, townhouse 06 unit, condominium ufiit or apartment unit located within the Property for the purposes of this Declaraiior�; any such,'fa ily dwelling shall not be deemed to be improved until a ° Certificate of Occu Occupancy ti ry permanent) p y ( pora or ermanent has been issued by the appropriate � governmental authorities fefr the family dwelling constructed on said parcel, or until said family dwelling is determirie6-'bJ the Community Association, in its reasonable discretion, to be substantially oorhplpte,, R H. "General Expenses"k, all.<r�n� an and refer to the expenditures for cleanup, N maintenance, operation, and other`e is s,required or authorized to be performed by the Community' ssociation. \ o ` I. "Golf Course Property" inc q \the land described as Tract "B," c N VALENCIA GOLF AND COUNTRY CLUB 1, according to the Plat thereof, as co.4 recorded in Plat Book 40, Pages 33 through:3 in,Glusive, of the Public Records of a Collier County, Florida, and any other real opeiy,; and all improvements thereon, which is now or hereafter separately owned and`pe attied as a golf course currently c open to the public. Notwithstanding anything "# : th`W contrary in the Governing ti M Documents (as *hereinafter defined), the Golf Course , erty, is not subject to the terms cm of this Declaration nor shall this Declaration limit the rigAt of the owner of the Golf Course Property modify �? or change any aspect of the G61 _Course Property or its operation. c J. "Governing Documents" means the Declaration t al and Protective Covenants and Restrictions of Orangetree recorded in Official`t��ctt Book 1310, at r Page 1536 of the public records of Collier County, Florida, (the "Masfer:...}eclaration") Q this Declaration, (the "Community Declaration") the Declaration aR6 Covenants and restrictions in any Neighborhood within and the Articles of Incorporation, Bylaws, and E Rules and Regulations of the Master Association, the Community Association, and any Neighborhood Association. In the event of a conflict in the interpretation of the Governing Documents, they shall be applied in the order of priority as listed herein. Q K. "Institutional Lender" or "Institutional Mortgagee" shall mean and refer to the holder of a mortgage encumbering a Residential Lot, parcel or tract or Family Dwelling Unit, if1the owner and holder of said mortgage is a bank, builder, developer, life insurance company, federal or state savings and loan association, real estate or mortgage investment trust, mortgage broker, mortgage banker, private mortgage insurance company, and the United States Veterans' Administration, United States Federal Housing Administration, or a lender generally recognized in the community as an institutional fender. Any assignee of a mortgage originated by an Institutional Lender shall be deeme� an Institutional Lender for the purposes of said mortgage. The Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, 5095681-2 Packet Pg. 259 0 OR: 3649 PG: 3387 Government National Mortgage Association, and any similar institutions created in the future shall be deemed Institutional Lenders, regardless of from whom any mortgage held by any of them originated. "Master Association" means Orangetree Homeowners' Association, Inc. M. "Member" shall mean and refer to all those Owners who are Members of the Community Association as provided in Governing Documents N. "Neighborhood Association" shall mean and refer to any association which may hereafter be formed to manage and operate Family Dwelling Units, including but not limited to homeowners association, cooperative associations and condominium associations. Any association formed for the purpose of maintaining any lake ("Lake Neighborhood Association") or any other special feature or facility ("Maintenance Association") of Valencia Golf and Country Club shall be deemed a Neighborhood Q -0 Association, but,, otwithstanding any other provision of this Declaration to the contrary, no Lake Nei U od Association or Maintenance Neighborhood Association shall be entitled to any ,vin.,the affairs of the Community Association. >, r O. "Keig ri` od Declaration" shall mean and refer to any declaration of covenants, conditions,rai�d restrictions, declaration of condominium, declaration of cooperative plan, or any other similar instrument, recorded in the Public Records of 'J tj 06 '~ Collier County, Florida,.,aff' g or purporting to affect any portion (but not all) of the .` Property. P. "Owner" shall ni n , d refer to the Owner as shown by the real estate a� records in the Office of the Cleds;o�he Circuit Court of Collier County, Florida, whether it be j the Declarant, one or dno1a.,., persons, firms, associations, partnerships, corporations, or' other legal entities; of persons, title to any of the Property. Unless the cLO context requirel otherwise, a Neighb6r�i#d ;Association shall be deemed the Towner of any real property owned or administered said Neighborhood Association and the Master Association shall be deemed 'owner c e. of an real administered by. said Master Association. O `s�hall not my property owned or �ean or refer to the holder of N N a mortgage or security deed, its successors o+'assig s, unless and until such holder has e N acquired title pursuant to foreclosure proceedin ctr, deed in lieu of foreclosure; nor shall the temp "Owner" mean or refer to any les E,oft ant of an Owner. d Q. "Property or "Valencia Golf and Counyub" shall consist of the real M grope subject to this Declaration as same may bed nded from time to time, and at this time consists of that certain property described in E1itait "A." In the event the Declarant decides to include additional real property, this.becla4ation shall be amended c as hereinafter provided to include said additional propertty tie n er. In the event the Declarant decides to delete certain real property from Valenc If,and E Country Club this Declaration` shall be amended to delete said property frorn'thf p�ovisions hereof. Furthermore, no such amendment of this Declaration may be undeeUn to delete any if Q property: (a) said roe p p rtY is not owned by the Declarant at the time of said amendment, unless both the Owner of said property and the Institutional Lender holding a first mortgage`thereon consent thereto, or (b) if the effect of such deletion would be to E deprive any Owner, of Neighborhood Association or Master Association of access to or from ro e p p rty owned by said Owner, Neighborhood Association or Master Association. R. "Public Records" shall mean and refer to the Public Records of Collier County, Florida. S. "Reasonable Attorneys Fees" means and includes reasonable attorneys fees for the services of attorneys -at -law, whether or not those services were rendered in connection witWjudicial (at both trial and appellate levels) or administrative proceedings (both before governmental, administrative agencies and administrative bodies of Valencia Golf and Country Club including but not limited to the Board of Directors of the Community Association), and if judicial or administrative proceedings are involved, then of all review of the same by appeal or otherwise. 5095681-2 3 Packet Pg. 260 OR, 3649 PG; 3388 T. "Recreational Facilities" shall mean and refer to those tracts of land, together with any improvements thereon, such as a clubhouse, pool, tot lot, and also include any personal property acquired by the Community Association for use in connection with any of the foregoing, which are used by or are intended by the Community ,association for recreational uses. U. "Residential" shall mean and refer to the intended use of a portion of the Property as a Family Dwelling Unit. V. "Residential Lot" or "Lot" shall mean and refer to any unimproved parcel of land located within the Property which is intended for use as a site for a Family Dwelling Unit. W. "Parcel" shall mean any and all unplatted portions of the Property. X. 5 pplemental Declaration" shall mean any declaration of covenants, conditions, �nq r strictions, declaration of condominium, declaration of cooperative plan, or any.si#6r instrument other than this Declaration which either (1 ) has the effect of adding oi'dl�ffeTtn`q property to Valencia Golf and Country Club pursuant to the ;provisions of the Gertting Documents or (2) any such declaration affecting all of the Property. " ARTICLE II 0 �.. c a� PROPER SUBJECT TO DECLARATION R r > Section 1. Initial Pro e.`'_`Tpe real property which shall initially be held, transferred, sold, conveyed, giverr,eon2�6d, andfor occupied subject to this Declaration v is described in Exhibit "A" attached tfereto•�nd made a part hereof by reference. The o Declarant shall not be required to fo(IQ%-6nyyredetermined order of improvement and N development within Valencia Golf and Cou� C.lub; and, notwithstanding the terms and cv conditions of the Governing Documents, it rfl;�.bdng within this Declaration lands and J develop them before completing the developmen'f pf Valencia Golf and Country Club. a Notwithstandin j the terms and conditions of t�eGo*ning Documents, The Declarant shall have the full power to add to, subtract front. or -make changes in its development o plan regardless of the fact that such actions may-IaiWf the relative voting strength of the M various types of memberships of the Community Asspytion. Section 2. Additional Properly. Additional propert§+ ri4y become subject to this Declaration in the following manner: A. Future Phases. Notwithstanding the t end conditions of the G veming Documents. The Declarant shall have t� fight, so long as th re is a Class B Membership, without any consent alf the Community. Association being required, to subject to this DeOmafton, additional properties as future phases of Valencia Goff and Country Club- The additional property shall automatically become subject to this Declaration by filing in the Public Records of Collier County, Florida, a Supplemental Declaration of Covenants, Conditions, and Restrictions with respect to the additional property {the "Supplemental Declaration"}. The Supplemental ❑dclaration may contain such complementary additions and modifications of the covenants, conditions, and restrictions contained in this Declaration as may be necessary or convenient, in the judgment of the Declarant, to reflect the different character, if any, of the additional property. B-' Other Additions- Upon approval in writing of the Declarant while there is a Class B Membership, or the Community Association thereafter, and subject to all applicable zoning codes, and notwithstanding the terms and conditions of the Governing Documents, the owner of any other real property who desires to subject it to this Declaration, may file or record a 50956B1-2 OR: 3649 PG: 3389 Supplemental Declaration of Covenants, Conditions, and Restrictions with respect to such additional property, which Supplemental Declaration, if duly executed by both said owner and the Declarant, or the Community Association if the Declarant's approval is not required by this paragraph, shall extend the operation and effect of this Declaration to such additional property. The Supplemental Declaration may contain any such complementary additions and modifications of the covenants, conditions, and restrictions contained in this Declaration as may be necessary or convenient, in the judgment of the Declarant, or the Community Association, if the Declarant's consent is not required by this paragraph, to reflect the different character, if any, of the added properties,, but such modifications shall have no effect on the real property described on Exhibit "A" except as may be consistent with this Declaration. C. Rights of Trustee. It is acknowledged that as of the recording of this Da laration, certain property in the area of the Property (the "Trustee ' ;PP , perty") is owned by Roberto Bollt, Trustee ("Trustee"). Reference to stqe" shall also be deemed to include any successor trustee and the v e' successors, assigns or one or more developers (individually Qtheteyeloper" and collectively "Other Developers") to whom Trustee ° mby sell, tf�nsfer or convey the Trustee Property, p rty, or any portion thereof, in `the' -vent Declarant does not acquire all of such property from Trustee_ v and any,.such uccessor, assigns or Other Developer(s) shall have the ° rights of"'Tru ee as contained in this Article II(2)(c). Nothing in this Declaration- rants-tp Declarant any right, title or interest in or to any or all of the Trustee: fop.Orly or any interest therein. In the event Declarant ° does not acquire al .of -the Trustee Property, then Trustee shall have the right by Supplemept� peclaration, to include any or all of the Bollt Property not previouylfi`rpryveyed to Declarant within this Declaration. In ie the event that all or any ion of the Trustee Propertyle �pd is conveyed to another Developer(s), Tostee shall have the right to record a certificate to le 0 that effect in the Public R�n#s of Collier County, Florida. Trustee shall o 0 not be the Declarant hereu er,,,nor have any duties, obligations, or liabilities hereunder, f' N exce after set forth. Notwithstandin the except'. 9 foregoing, so long as Trustee owns„ X of Trustee Property and Declarant J hos not acquired it and it is ma �p4rf`gf the Property by Supplemental a Declaration, Trustee shall have the:' Ag"ht;at any time to: (i) become a o Declarant hereunder as to the T' nisfe Property not conveyed to Declarant; and/or (ii) to exercise or peri�i�ny Other Developers who own M any or all of the Trustee Property to exerc!�e'gny or all of the rights of Declarant with respect to any or all of thee(Trubtee Property, by �• written notice to the then Declarant hereunder, and-ir)th -event Trustee or Other Developer may record a written notice of sdch ` lection in the public records of Collier County, Florida. '., U D. Mergers. Upon a merger or consolidation f Ahe Community a Association with another association (which merger opay-uhly take place c as' permitted by the articles of incorporation and by-laws of both E associations and notwithstanding the terms and conditions of the Master Association), the Community Association's properties, rights and obligations by may, operation of law, be transferred to the surviving or Q consolidated association, or, in the alternative, the properties, rights and obligations of the other association may, by operation of law, be added to the properties of the Community Association as a surviving corporation pursuant to a merger. Except as hereinafter provided, no such merger or consolidation shall revoke, change or add to the covenants conditions and restrictions established by this Declaration. E. Additional Property. No additional property shall be added to Valencia Golf and Country Club pursuant to the provisions of this Section 2 unless the property to be added is included in a plat or amended plat recorded in the Public Records in connection with the addition of such 5095681-2 Packet Pg. 262 1 , 4 OR: 3649 PG: 3390 additional property; except as provided in Section 2C above of this Ar:c!e 11. 1 Section 3. Dek-;'ion of Property. Property may be deleted from the operation of this Declaration by amendment hereof pursuant to the provisions of this Declaration. Section 4. Lakes. It is customary for developers to modify land use plans for planned unit developments during the course of development, and the Declarant reserves the sight to amand or modify its development plan. Pending final development of Valencia Golf and Country Club the Declarant reserves the right to expand and contract the shorelines of any lakes owned by the Declarant and thereby to modify the boundaries of same; provided that no such modification shall take place with respect to any shoreline of properly owned by a person other than the Declarant without the consent of such owner. Accordingly, the exact location of any boundary between lakes and any contiguous properties shall not become fixed until final development of all .eperfies COrtIlquous to and surrounding any lakes. Unless specifically provided in the deed from; w > a larant or in any declaration of covenants, conditions, and restrictions or similar in5t qt recorded by the Declarant or approved by the Declarant, no conveyance f. ,,ejroperty abutting any lake or canal shall include any rights with rogard to said lake.p 'canal, and without limiting the generality of the foregoing, no such conveyance shall ins title to land outside the legal description contained on the deed. Section 5. Pro 6i6' � Iines. The fee simple title to any parcel of land described as bounded by any street, lagd,valkway, park, playground, lake, pool, canal, greenbelt, or any other Comrhon Area whipFh s not been dedicated or accepted by the public and the fee simple title to any parcel; bf'land shown on any plat recorded or to be recorded as to any of the'Property as abeitiri won any such property area shall not extend upon such property area and the titlea d,use of such property area is reserved to the Declarant to be conveyed or dedicatJ provided elsewhere in this Declaration. Section 6. Surface Water Maria' ne"rit. It is acknowledged the surface water management, drainage and storage syste " r\the Property is one integrated system, and accordingly shall be deemed a Co >}acarrtc a. Lakes which are Common Area shall be designated as such in a Supplement, leclaration. An easement is hereby created over the entire Property for the surfs ta%e��drainage and storage, and for the installation and maintenance of the surface wate'r..rtiallagement, drainage and storage systom for the -,Property, provided however thaf _016h easement shall be subject to improvements constructed within the Property as ped by controlling governmental authorities from time to time. The surface water manageit system shall also include additional property which will become part of the Propursuant to the terms and conditions of this Declaration including the provision of Artide,�t, ections 2(A) and 2(C). If pursuant to the permitting requirements of any govc�n-rri ntal authority or the requirements of the Master Association the surface water ent system for the Property is required to provide drainage for any other property sUcc` fi er property shall have an easement for drainage purposes into the surface water aaement system• for the Property. The surface water management, drainage, and ssystem of the Property shall �be developed, operated, and maintained in conformance with the requirements of, and any permits or approvals issued by the South Florida Water Management District and any other controlling governmental authority. Except as hereafter provided, the Community Association shall maintain as a regular expense the entire, surface Water management, drainage, and storage system for the Property, including but not limited to all lakes and canals, swale areas, retention areas, culverts, pipes, pumps, catch basins, and related appurtenances, and any littoral zones in any lakes or other Waterway, regardless of whether or not same are natural or man-made within the Property or are owned by the Community Association. Such maintenance shall be performed in conformance with the requirements of any governmental authority, and an easement for such maintenance is hereby created. The Community Association will have the right, but not the obligation, to maintain any portion of the surface water management, drainage, and storage system for the Property which is owned and/or maintained by ' ny controlling governmental authority, or which is outside of the Property. The Community Association will have the right to enter into agreements with 0 ti M 5095681-2 Packet Pg. 263 1 OR: 3649 PG: 3391 .ny coi,troi'a I yoVc s,,,'.I authority cr any other property owner or association for :he ;cri-anon s: _�intcrzmco of the surface water management, drainage, and storage sy Burn carving ".e ,or°y and any other property. The Property sha'.I be required to ccc;?t ,urfn-c-n `Water 'r: ln, ge from any other property pursuant to the req,-sirements c:f 0e NI-stcr Aso ciatic:; i or any controliing governmental authority and an easement for such drainage is h .,:oby crec ed, and in connection therewith thu Community Assczf,,aion will' have t�o (ght, but not the obligation, to maintain any ,)rtion of the sur a:;;; water manev, ; ; system for such other property reasonably required in cor.nect ion with the r::a;:tit ;nonce or operation of the surface water management system for th-) Property. Ss cticri 7. THE GOLF COURSE PROPERTY IS SEPARATE AND APART t=RICM TH' RESIDE 'TIAL DEVELOPMENT AND USES WITHIN THE PROPERTY AND OWNERSHIP r';NEVOR RESIDENCY WITHIN THE PROPERTY DOES NOT GRANT OR C:ONVE,' UPON THOSE OWNERS OR OCCUPANTS WITHIN THE PROPERTY At , SPECIAL PRIVILEGES OR USE RIGHTS IN THE GC'_F COURSE, NOR RES T ,- rE GO°.7 COURSE PROPERTY OWNER'S RIGHTS REGARDING SAME. f �% r.� Section1,9ricia Golf Course. The Property will be developed around an oighteen (18 hole 900,,Course and golf course clubhouse which is owned by a third party, is separate arfd apart from the residential development and other uses, generally, of the Property and not a art of this Declaration. One of the effects of establishing a golf course facillty having cQ�'mmercial uses which is currently open to the public within a residentt_;I community haGing- cofnmercial uses may be to increase the number of persons using the roads andffiieparking facilities. The Declarant, reserves the right and shall not unreasonably wiift, ol .Nts approval to unilaterally grant over, across and through the Property, any easemer' saVhich may be required for the use and enjoyment of these facilities. THE OWNE�RtF 0.\ OF A LOT OR LIVING UNIT AND ITS APPURTENANT MEMBERSHIP IW7HV ,gOMMUNITY ASSOCIATION, DOES NOT CONFER ANY OWNERSHIP INTI ;Af ST\IN, OR RIGHT TO USE, THE GOLF COURSE, OR ANY OF THE RELATE[, TIES. The Declarant and the Community Association hereby grant to the owner of. �_0# Course Property, its successors and assigns, non-exclusive easements for ingreo';;,egress, drainage and utilities over, across, under and through those portions of� Property (and any additional real property added to this Declaration by Srfppltrnotal Declarations) upon which easements have been dedicated on a plat. Sucit,49etnents shall, if requested by the owner of the Golf Course Property, be set forth''fnQ . rded instrument executed by Declarant or the then Owner of the Property, or —the Community Association, as appropriate, ovdr which the easements have been grante e ein. To the extent that, in the future, the gwner of the Golf Course Property shall., quiy� easements not granted pursuant to this"Section 8, for the development, use, operAo,P-cii'pnjoyment of the Golf Course I `.operty, Declarant (and, if necessary the Commtblity�)Association) shall, in good faith, reasonably cooparate and seek to mutually agre6- vw Jb6 owner of the Golf Course Property upon the location, and reasonable terms itions�, of such easements. However, the owner of the Golf Course Property shall no pursuant to the foregoing sentence, seek to obtain an easement over portions of the -Property or other real property which is made subject to this Declaration where the easement would unreasonably interfere with the use and enjoyment of Property (or other property made subject to this Declaration) for its intended purpose. ARTICLE III COMMUNITY ASSOCIATION Section 1. Memb3rship. Every Owner, including the Declarant, shall be a Member of the Community ,Association, and by acceptance of a deDd or other instrument evidencing his ownership interest, each Owner accepts his membership in the Community Associr::ion, ._ ,;knowledges the authority of the Community Association as herein stateii, and cgreji3 to abide by and be bound by the provisions of this r O ti M 5095681-2 Packet Pg. 264 1 OR; 3649 PG; 3392 Declaration, I-n; Supp emental Declaration, and any Sub -Declaration applicable to th 3 Owncr'r. Unit, the Articles of Incorporaticn, the By -Laws, and other rules and regulations of the Corrumun3ty Association. In ddditioro to the foregoing, the family, guests, invitees, licensaco, and tenants of sold Owners shall, while in or on the Property, abide by and be bound by the provisions of this, Declaration, any Supplemental Declaration, and any applicnb a Sub -Declaration, the Articles of Incorporation, the By -Laws, and other rules and rerulat=.s of the Community Association. Action 2. Tyner o� Membership.' Membership in the Community Association .,hall consist of the follm-vinn t, o classes, each with distinct rights and privileges: Class "A'- Class "A" Members shall be all those Owners of any Lot, Unit, tract, or site or undivided land. Class "B" - The; Dc..rlarant shall be the only Class "B" Member, for so long � as 901/co cf the Units to be conveyed and constructed under the ,,41ey'e pmcnt Plan For the Property have not been conveyed to Members r v 4i than Declarant, or until December 31, 2015 or until the Class "B"' Mar er voluntarily converts its membership to Class "A" status, wi i r occurs first. Class "B" membership shall be held by the supces .or assignee of the Declarant, whose property was acquired by v such s ccessor or assignee, provided that (1) such successor or assignee_ acquires tho,ownership of the balance of the property then owned by the e Declarant fro whom such successor or assignee acquired such y� ca ownership, a6d•(2)such successor or assignee holds such properties for sale, developmo Qr improvement. . Section 3. Change of Member.WD. Change of membership in the Community , Association shall be established * re,Pording in the Public Records of Collier County, m Florida, a deed or other instrument-db�itig record fee title to any Residential Lot or to Family -Dwelling: Unit. The Owner ; esignated by such instrument shall, by his o acceptance of such instrument, becomeAW ber of the Community Association, and the membershi of the prior owner shall be inated. The interest, if any, of a Member o N in the funds and assets of the Commpnit '` ,' ssociation shall not be assigned, c�a hypothecated or transferred in any manner .ex pt as an appurtenance to his real J a property. Membership in the Community Assoe(atpo � all Owners shall be cgmpulsory and shall continue, as to each Owner until suchrtimQ as such Owner transfers or c conveys of record his interest in the real property'tpeglvkich his membership is based M or until said intorest is transferred or conveyed by -cation of law, at which time the `✓ membership shall be appurtenant to, run with, and shall ngLbg separated from the real prop srty interest upon which membership is based. : J Section 4. Voti i Rights. The number of votes which ix�iay . cast on all matters 'l E on which the membership is entitled to vote shall be determinedsows: U "A" Q A. Each Class Member shall have one vie for each Unit - owned by said Member. ;i---' B. Each Class "B" Member shall be entitled to cast three votes for each Family Dwelling Unit projected by the development plan for any of the Property owned by it from time to time. C. Notwithstanding the provisions of Paragraph A of this Section 4, all Class "A" Members who are a member of a Neighborhood Association, may not cast their votes directly, and shall exercise their voting rights in the Community Association through the actions of the Voting Representative chosen by their Neighborhood Association's as hereinafter provided. This restriction shall not apply to the Owner of any of the Property as to which a Neighborhood Association has not been formed. D. Members who hold more than one membership of a 5095681-2 8 Packet Pg. 265 OR: 3649 PG: 3393 3.C.h ^urticul r class or memberships in more than or.: class, when em tlad 'o vote their memberships, may cast as ni-ay votes as mornbarships held by tbero, and molding memberships of one class shad not affect the exercise of a Member's voting rights pertainirrj to :any other class. E. '!'When any prcperty entitling the Owner to membership in the Comm.,-nity Association which is not governed a Neighborhood Assccictien i3 c._,iicd of`record in the name of two or more persons or cntl'_iLs, wh ther 4iduciaries; joint tenants, tenants in common, tens ;ts In partnership or in any other manner of joint or common c.nership, or if two or more persons or entities have the same fit_; iarA relationship respecting the same property, then unless the i:ist jment or order appointing them or creating the tenancy o'a&r _1'3e directs and it or a copy thereof is filed with the Secretary r c ' e Community ,association, such Omer shall select one c:ficial re; ive to qualify for voting in the Community Associ_-tion acid shall notlly f the Secretary of the Community Association of the "-na'}ne of such individual. -The vote of such individual shell be :. dp. i.Yered to represent the will of all the Owners of that property. If no i� li;ccation of a representative is made as provided in this ragroph, any one of the several Owners of the same property in attendagic at any meeting may vote, but if more than one of the Owifers j6f said property are in attendance, no vote may be cast on behalf f said -property unless all of its Owners in attendance agree upon said to F. Any oW+gti .provision of this Declaration to the contrary nohvithstandih!� rank, action proposed to be taken by the Community Assod tign which has a material adverse impact upon the development an-or�commercial activities within the Property shall require approvlety� a Declarant while the Declarant or its successor or assigns.is ''CWS "B" Member as provided in Article III, Section 2. The Dec)ara `*, Jn its reasonable discretion, shall determine whether any .,pro0 sed action by the Community Association will have a mated •44', rse impact. • Section 5. Board of Directors. The Commu*Ass41ciation shall be governed by a Board of Directors as provided in the Articles offqWfporation and By -Laws of the Community Association. J- Section S. Quorum Required for Any Action Authorite - Re ular or Special Meetings of the Association. The quorum required for any a , iori , hich is subject to a vote of the Members at any meeting of the Community A iati shall be as is provided in the Articles and By -Laws of the Community Ass6ci %I except as is otherwise specifically provided in this Declaration. L. Section 7. Votinci Representatives. A. All Class "A" Members who are members of a Neighborhood Association shall exercise their voting rights through their respective Neighborhood Associations, except as provided in the second sentenc3 in Paragraph 4(C) of this Article. Each Neighborhood Association shall designate one of its officers, directors, or members as its Voting Representative and another of its officers, directors or members as its Alternate Voting Representative. The Alternative Voting Representative may exercise all of the powers of the Voting Representative in the tatter's absence. The Secretary of each Neighborhood Association shall certify in writing to the Secretary of the Community Association from time to time the identity of that Neighborhood Associ3tiori's Voting Representative and Alternative Voting 0 ti M 5095681-2 Packet Pg. 266 1 OR: 3649 PG: 3394 3.C.h R precantative, and tha addresses of each, which certification shL;ll rernain in full force and oJect until changed. If at any time no such carlu� cation i , on file with the Secretary of the Community Association with respect to any Neighborhood Association, the President of said Neighborhood Association shall be daemed the Voting Representative, and the Vice President of said Neighborhood Association shall be deemed the Alternative Voting Rc:pr=entative. S. All notices of meetings -and other notices required to be c ; by by the Community. Association to either the Neighborhood Asscciatian or to,. Members shall be sent to both the Voting Rcprcaen�:tive and the Alternative Voting Representatives (except for those Ormars,falling within the exception provided in the second cc --.once cf Paragraph 4(C) of this Article), unless said notices rel..to to inuividual assessments applicable only againot a cpecific f' (.. Unit or proposed sanction against tho Owner of a particular Unit. X ,F L. At all meetings of the Community Association in which the `1 ii a bership is entitled to vote, each Voting Representative shall . vgta>e number of Class "A" Membership votes held by his 44ighborhood Association. D.`- Yting Representatives may not split the aggregate number of vb!cs whit ,h they may cast, and each Voting Representative must cas �I his votes in unison. `. Section 8. Voting by Clan its votes directly and not through Member present at any meeting Section 9. Chanaes in Votina StrG the number of Members and the number particular Neighborhood Associations be' ler. Each Class "B" Member shall vote all of Representative. Any officer of the Class "B" fled to cast said Members votes. Changes may occur from time to time in tbers who are to become members of a A. Changes in the de v $ m6nt plan; `\ �.✓ B. Changes in the numb e, 6f xisting Units or Units to be constructed in any area of thePr rty, as provided in Section 16 of Article X; l f C. Amendments of this Declaration,# Such changes may result in changes in the number of total "vot p'Nch may be cast at membership meetings and the number of votes which may be:easjb�,,,Pparticular Voting Representatives. No such changes, assuming that they are otheiwise properly' authorized by changes in the development plan, this Declaration,,.any-:'Supplemental Declaration or any Sub -Declaration, shall be subject to objection or question by any Member or Neighborhood Association, notwithstanding the fact that any such Member's or Neighborhood Association's relative voting strength may be affected thereby. ARTICLE IV FUNCTIONS OF COMMUNITY ASSOCIATION i Section 1. Reauimd Services. The Community Association shall as required provide the following services: A. Clean -Up, landscaping, landscaping maintenance, improvement maintenance, and repairs of and to: 5095681-2 10 Packet Pg. 267 OR; 3649 PG: 3395 1. All signage (including lighting, thereof and supplying ,1ectricity for this purpose) of Valencia Golf and Country aub located ct the entrance or entrances of Valencia from public street outside of Valencia Golf and Country Club including but not limited to maintenance and repair of any slf�ns, planted boxes, and landscaping ancillary thereto eonstructed �by the Declarant. If such signage is constructod cn property o:vred by or dedicated to a Neighborhood csociation or property which becomes so owned or dedicated, the Community Association shall pcy c.,i t,,.ngible personal prcpa�rty� taxes; if any, assessed against such signage, or if such signage,is assessed as part of th3 real property on which it is located by the Collier County Property Appraisers Office, that portion of the real estate a;.es iovied against said real property as is applicable to such sir-tage, and the Neighborhood Association owning or hav'g;,g the dedicated use of such real property paying all other real estate taxes levied against same. .. 2. The main roads which the Declarant has projected in the development plan for Valencia Golf and Country Club, In uding any gatehouses which service entrances to `1 �alencia Golf and Country Club from areas outside of Walencia Golf and Country Club constructed thereon by the De r'abt, any developer with the approval of the Declarant, of . hpCommunity Association with the approval of the Decli�pti`l .Jn the event any of the roads covered by this subpar i -8 \have been or become dedicated to the public, the provisigrts . 1, this subparagraph shall be subject to those of ParagraEz i oNhis Section. 3. Any -Campo Areas, the responsibility for maintenance df/wfi'c,t has not been assigned by this Declaration, any up lemental or Sub -Declaration, or otherwise by the DeElar to a Neighborhood Association or another entity. j B. in the event the Coriam ty Association accepts the conveyance of any Recreational Facilftle as hereinafter provided, the Community Association shall o ertt and maintain the said Recreational Facilities and perform ani�kn essary repairs thereon. Said Recreational Facilities may be op n to}all Owners, in which event all expenses related thereto steak' e• included in the Community Association's budget or, maybe n only to those residents of Valencia Golf and Country . dh, who desire membership in such Recreational Facilities .r"e' extent such memberships are available on a first come, first served basis, and also to those other persons permitted by the Board of Directors of the Community Association ("Membership Basis"), or a combination or both, as determined by the Declarant. C. Cleanup, landscaping, landscaping maintenance and other maintenance of all city, county or municipal property which are located within or in a reasonable proximity to the Property, to the extent permitted by the city, county, or municipal entity/cwner, and to the extent that their deterioration would adversely affect the appearance of the Property as a whole and the standard of maintenance by said city, county or municipality is less than that desired by the Community Association. The Community Association shall adopt standards of cleanup, landscaping, maintenance and operation required by this and other subsections 0 ti M 5095681-2 11 Packet Pg. 268 1 OR: 3649 PG: 3396 v4th`.n tois Section 1 which are, at the very least, as s.; ingent as U10GO adopted and/or followed other first-class developments similar to Valencia Lakes. The Declarant shall, in its reasonable disci tion, determine whether such, standards adopted by the Community Association meet the requirements herein. D. Cleanup, landscaping, landscaping maintenance and maintenance of any real property located within Valencia Lakes upon which the Community Association has accepted an ea semen, for raid maintenance by duly recording an instrument granting said car -meet to the Community Association executed and delivered by 4,,e Cwncr of said property to the Community Association. E. Taking any and all actions necessary to enforce all cwn ,L;:s, conditions, and restrictions affecting the Property and to perform any of the functions or services which should be performed r� ., by any Neighborhood Association 'in accordance with any i!` covenants, conditions, or restrictions applicable to the Property or i the Articles, or By -Laws, or any Supplemental Declarations, hich any Neighborhood Association has failed to perform. To conduct business of the Community Association, inelu pn but not limited to administrative services such as legal, accoug ing, and financial, and communication services informing Mem 'ers of,activities, notices of meetings, and other important events.,: '.; G. To pu4a� general liability and hazard insurance covering improvement atkd,\activities on those portions of the Property subject to thd. '-.'itenance obligations of the Community Association as pdvided n this Section 1. H. To establish " operate the Architectural Review N Committee as hereina fjer,��i ed when the Community Association J assumes this responsibility reinafter provided. d I. Maintenance (includiri?p ing electricity) of the lighting of o those roads and sidewalks'tbf6u out the Property subject to M maintenance responsibility 6f\_W Community Association by Section 1 of this Article, in the event tl}atthe Declarant has installed � lighting equipment thereat. Section 2. Oblioation of the Community Association. , e' `-mmunity Association E shall be obligated to carry out the functions and services spee�d Section 1 of this U Article to the extent such maintenance and services can be ptoGi4gOvyith the proceeds Q first from annual assessments and then, if necessary, from speofal assessments. Notwithstanding anything herein to the contrary, all landscaping arid-vtt maintenance shall be maintained as originally provided by the Declarant or better. Section 3. Mortgage and Pledge. The Board of Directors of the Community Association shall have the power and authority to mortgage the property of the Community Association and to pledge the revenues of the Community Association as security for loans made to the Community Association, which loans shall be used by the Community Association in performing its functions. Section 4. Conveyance to Community Association. The Community Association shall be obligated to accept any and all deeds of conveyance, easements, bills of sale delivered to it by the Declarant, which deeds convey title to Common Areas, roadways, or other rights of way, or Recreational Facilities. ARTICLE V 5095681-2 12 1 Packet Pg. 269 OR; 3649 PG; 3397 COMMUNITY DEVELOPMENT DISTRICT Section 1. Community Development District. A Community Development Dist; ict ("CDD"), as defined in Chapter 190, Florida Statutes (2003), which includes all or a portion of the Property, and may include property in addition to the Property, has been cr will be created. The CDD would manage and provide certain urban infrastructure facilities and services, and would have the authority to levy and collect fees, rates, charges, taxes and assessments to pay for, finance and provide said facilities end services. T ha term "assessment" as- used in this Section refers to assessments as defined `;i Chapter 190, Florida Statutes, not as defined in this _ Ta Declaration. The CDD urould be empowered to finance, fund, plan, establish, acquire, a construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for basic iini .1 astructure which could include without limitation: water management an� con.:: ; lands within the CDD and the connection of some or any of 3 such facilities vi potable water distribution systems; sewage collection and transmission vt ms# and waste water management facilities. The Declarant reserves the right to amarkn'L��h��_ documents in any way convenient or necessary to create or stricture the CD-b f-A)s created. o Section 2. Swope of CDD Responsibility. The CDD is empowered to plan,_ U Ca establish, acquire, constructer reconstruct, enlarge or extend, equip, operate and e maintain systems and i`ait' as, including, without limitation, roads, water and sewer, O irrigation, water-managarriz street lighting, parks and facilities for indoor and outdoor ca recreation, cultural and educat' nal ses, and limited access assurances services. Section 3. Taxes and . "ments. THE CDD IS A SPECIAL TAXING DISTRICT WITH AUTHORITY TO UND ITS OPERATIONS BY IMPOSING TAXES N OR ASSESSMENTS, OR BOTH, -:EiiV" TJ?IF� PROPERTY WITHIN THE CDD. THE to TAXES AND ASSESSMENTS PAY FOR -THE CONSTRUCTION, OPERATION, AND i o MAINTENANCE COSTS OF CERTAK-P, t FACILITIES OF THE CDD AND ARE o SET ANNUALLY BY A GOVERNING BO - OF SUPERVISORS OF THE CDD. THESE TAXES AND ASSESSMENTS A 1,k- L �4DDITION c . TO THE COUNTY AND OTHER TAXES AND ASSESSMENTS PROVJD FOR BY LAW. THESE TAXES AND ASSESSMENTS (JAL J a MAY APPEAR ON THEE S,A REAL ESTATE TAX BILL FOR EACH OWNER AS A SEPARATE TAX. `0 R$SESSMENT AND MAY BE o PAYABLE DIRECTLY TO THE COLLIER COUN` 'Y COLLECTOR. THE TAXES AZEN Cl)AND ASSESSMENTS OF THE CDD CONSTITUTE UPON THE PROPERTY THAT IS WITHIN THE CDD. "Assessments" as used, ` -. is paragraph refers to "Assessments" as defined in Chapter 190, Florida Statutedn not as defined in Article VII of this Declaration. f' E Section . Issuance of Revenue Bonds. The CDD- #ems 4wer to issue general obligation bonds, bonds, t c revenue refunding bonds and-dnK-9thpr type of bond Q permitted by Chapter 190, Florida Statutes. Repayment of any suih,bond will be funded by ad Valorem taxes on all non-exempt property within tk w-aJb, or by the imposition of rates, user fees, special assessments or other charges. The CDD is empowered to pledge its full faith and credit for the purpose of securing the repayment E of the bonds it its issues. In addition, the CDD may secure revenue bonds by pledging c�a the rates, fees or charges collected or to be collected by any revenue producing project. a Bonds 'have been issued for the purpose of financing or refinancing, capital improvements, to pay off existing bonds or any other permitted use. Section 5. CDD Property Becoming Common Areas. If the Declarant determines that' it is in the best interest of the Property for any of the CDD property to become Common Areas, the CDD shall convey to the Community Association, fee simple title, easements, use rights and/or maintenance obligations to those portions of the CDD property which are to become Common Areas. The Community Association and the members are obligated to accept title to the CDD property, subject to taxes for the year of cpnveyance, and to restrictions, limitations, conditions, obligations, reservations, duties and easements of record. 5095681-2 13 Packet Pg. 270 1 OR; 3649 PG; 3398 Section '6. Common Areas Becoming CDD Property. If the Declarant determines, subject to any governmental requirements, that it is in the best interest of the Property for any portions of the Common Areas to be owned and administered by the CDD rather than the Community Association, such portions of the Common Areas shall cease to be Common Areas, even if they have already been conveyed to the Community Association, --:id shall thereafter, be considered CDD property, even if legal title has not been formally transferred to the CDD. When a part of the Property becomes CDD property, the expenses in the administration and the maintenance shall be common expenses, unless the expenses are the responsibility of the CDD. If requi� el by law, or if deemed by the Declarant to be in the best interest of the Comr.iunity Association shall convey to the CDD, the legal title to any Common Area which becomes CDD property. Section 7. Board of Supervisors.` The functions, duties and powers of the CDD shall be manag and exercised b-+ a Board of Supervisors consisting of aL least five (5) supervisors; ,r' Section 8.rbetlarant's Options. The Declarant shall have the right, in its sole discretion, to cortvgy-Tprbparty it owns to the CDD with the joinder of no other person being required, ,subj'0-to the approval of the CDD and any applicable governmental regulations. } ARTICLE VI - '.,'A S BENTS Section 1. A urtenant Eag'd ` t A.- The Declarant here gf - s to the Owner of each Residential Lot or,Unit, his guests, lessees, Ji nWes, and invitees, and all Neighborhood Associations, as an ap urten td he P � ownership of fee title interest to same and subject to this Declara' ;_.the Articles and By -Laws of the Community Association and the iyle :end Regulations promulgated by the Community Association and all- ip E4nental Declarations and Sub - Declarations that may hereafter be ,ror d in the Public Records of Collier County, Florida, a perpetual nonexclusive easement for ingress and egress over, across and through and for, se and enjoyment of all roadways and other rights of way, such use s��joyment to be shared in common with the other Owners of any of--th' P perty, their guests, lessees, licensees, and invitees as well as ues I sees, and invitees of gY . the Declarant, and all Neighborhood Associafi . s, Trqvided that such easements shall be subject to such express limitattons-ds may be placed upon the use of any roadway and other rights of way not-edicated to the public located within a portion of Valencia Lakerned by a Neighborhood Association as may be contained in any Sub -Declaration. B.; To the extent required by the Zoning Code of Collier County, the Declarant hereby grants to each member of a Neighborhood Association, and his guests, lessees, licensees, and invitees, as an appurtenance to the ownership of such member's Residential Unit or Lot, and subject to this Declaration, the Articles and By -Laws of the Community Association, and the Rules and Regulations promulgated by the Community Association and all Supplemental Declarations and Sub -Declarations that may hereafter be recorded in the Public Records of Collier County, a petpetual nonexclusive easement for ingress and egress over, across, and through and for the use and enjoyment of all Common Areas, including greenbelts and lakes, located within those portions of the Property maintained by this Neighborhood Association, such use and enjoyment to be shared in common with the other members of such r 0 ti M 5095681-2 14 Packet Pg. 271 1 OR; 3649 PG; 3399 Neighborhood Association, their guests, lessees, licensees, and invitees, as well as the guests, lessees, and invitees of the Declarant. Section 2. Utility Easement. The Declarant reserves to itself, its successors or assigns, a perpetual easement upon, over, under and across the Property for the purpose of maintaining, installing, repairing, altering and operating sewer lines, water lines, waterworks, sewer works, force mains, lift stations, water mains, sewer mains, water distribution systems, sewage disposal systems, effluent disposal systems, pipes, wires, siphons, valves, gates, pipelines, cable telephone service, electronic security systems cable: television and broadband communications and all machinery and apperatus appurtenant to all of the fore-oing as may be necessary or desirable for the installation and maintenance of utilitie3 servicing all Owners of any of the Property and servicing the Property Area, all such easements to be of a size, width and location as tie Declarant, in its discretion, deems best but selected in a location so as to not unreasonably interfere with the use of any improvements which are now, or will be, loc3tedLeAi� th, Propa ty. n Declarant's Easement. The Declarant hereby reserves to itself, its successors ande ss ns, a perpetual easement, privilege and right in and to, over, under, on andac� ss`;the Property Common Area, Recreational Facilities (if any), roadways, lakes, canals,and other rights -of -way, for ingress and egress as required to its officers, direc+vi s, employees, agents, independent contractors, licensees and invitees in order to show� i+d properties and facilities to prospective purchasers and other invited guests, PcIst s*s and maintain sales offices. Section 4. Service Ea 'em' nt. The Declarant hereby grants to delivery, pickup and fire rotecti n services; p pa1i� .and other authorities of the law, United States mail carriers, representatives of elegtnbA4 telephone, cable television, and other utilities authorized by the Declarant, its :s `e es§prs or assigns, to service the Property, and to such other persons as the Declarant frbrtime to time may designate, the nonexclusive, perpetual right of ingress and egresi ove'Kand across the Property, Common Area, Recreational Facilities (if any), roadwa,>Wlarq other rights of way for the purposes of performing their authorized services and� l'�'o estigations. The provisions of this section shall be limited 'to the roadways and oth9�ig f way, both public and private, show on the plat of ahy area of Valencia Golf and. try Club which has been or shall be platted. Section 5. Zero Lot Line Development In t644' 6 t that any property covered by this Declaration'is zoned to permit construction on'a:: o lot line" basis, and if and only if the Architectural Review Committee approves constru o on said basis upon any property covered by this Declaration, each Owner of pro6erty)upon which "zero lot line" construction has occurred shall have an easement over-sU `pdjacent properties as may reasonably be required for the proper maintenance of hid p#oerty. Section 6. Signage Easements. The Declarant here re es to itself, its r successors and assigns, and to the Community Association, a pe � etual easement, privilege and right in and over, under, on and across a portion of thPePre erty owned by Declarant and all other Common Areas running adjacent to the perimeters of Valencia Lakes necessary for the purpose of erecting, maintaining, and repairing signage for Valencia Lakes. The term "signage" as used in this section shall include but not be limited to signs, planter boxes, landscaping, fountains, and waterfalls. Section 7. Easements for Golf. Nonspecific, nonexclusive easements are hereby created' for the benefit of the users of the Golf Course Property over all roadways, Lots,; Units, Neighborhood common areas, and the Common Areas adjacent to or serving the Golf Course, to permit every act necessary, incidental, or appropriate to the playing bf golf and for ingress and egress over roadways to reach golf or clubhouse facilities. These acts, include, without limitation, the recovery by golfers of errant golf balls, the flight of golf balls over and across such Lots, Units or Common Areas, the landing of errant golf balls upon the Lots, Units or Common Areas, the usual and common noises and other disturbances created by maintenance of the Golf Course and the playing of the game of golf, including occasional tournaments, together with all 5095681-2 15 Packet Pg. 272 OR; 3649 PG; 3400 other common or usual occurrences normally associated with the existence and operation of a iGolf Course. No golf carts are permitted on Lots or Neighborhood common areas for the purposes of retrieving golf balls. Neither the Declarant, the CDD, the Golf Course operator, nor the Community Association or any of its successors or assigns shall be liable of damage to individual Lot or Unit Owner's property from errant golf balls. Section 7a. Easements for Ingress and Egress for Adjoining Properties not Owned by Declarant. The Plat of VALENCIA GOLF AND COUNTRY CLUB, PHASE 1, recorded in Plat Book 40, Pages 33 through 39, inclusive, of the Public Records of Collier County, plorida, includes roadways designated as,Tract A within said Plat. Such roadways are, in the Plat, dedicated to the Community Association. Under separate E Reciprocal Easement Agreement of even date herewith, the Community association a has granted to Trustee easements for ingress, egress and utilities over Tract A and any Q extensions thereof or additions connecting thereto. Additional roadways may be dedicated to tqe Community Association in later plats to serve lands described in SupplemePPI clarations recorded by Declarant. Trustee owns additional real property whic adjacent to the Property dj p rtY or which may be served by roadways now or V r hereafter c 6SKK ,t within the Property (or property added by Supplemental Declaration). Ifee, or its successors and assigns, so elects, it may, as part of its � j development plan, .utUi2�such roadways for purposes of ingress, egress and utilities to the portions of the, feal property being developed. In Ca such event, Trustee shall: (i) not later than the issuance o, a first certificate of occupancy for a residence within the ° portion of the real p—rop. being developed by Trustee, record a Supplemental Declaration, which supplee,nt shall refer to this Declaration ca and encumber the portion of the real roe being de prop . rtY 9 v�fop�d by Trustee for residential use; (ii) the Supplemental ° � Declaration shall describe th agWays and that the Trustee desires that same serve f° the portion of the real roe , ' ei§'n deveto ed; and P P rtY k g P (iii) in such Supplement Declaration, the: Trustee (on belt of itsvlf its and successors and assigns) shall agree to pay its pro rata share of the costr6f A ntenance, repair and replacement (but not the N to initial construction) of the roadwa ' sery1h the g portion of the real property being developed. Subject to the foregoingblf o c tion, Trustee, its agents, employees, licensees, invitees and successors and asig s, are hereby granted, automatically and N o val or the recordation of any other without the need for further action, consept,.01;pric4his instrument, a perpetual nonexclusive easemx. ingress, egress and utilities over, a across, under and through the roadways su Declaration, for the use and enjoyment in common with the Owners of any. bf he ',property, their guests, lessees, licensees, and invitees. For this eeetion, "pro ~ purposes of a rata share" shall be a fraction, the numerator of which be M cm shall the numberof residential lots or condominium or townhouse units within the real property being developpl which are described in the Supplemental 0 Declaration and the numerator of which ShI411, bd. the aggregate number of Lots and Units encumbered by this Declaration and all'8dp ental Declarations for which the roadways provide ingress and egress as sameL�maP9 ( c change from time to time). Notwithstanding anything to the contrary, the provisi" - " okth's Section 7a shall r not be applicable to the owner of the Golf Course Property or a4 pni4i n thereof unless Q such roe p p rty is;°developed as residential lots or condominium or town Ouse units. Section '8. Lake Maintenance Easement. The Declarant reserves to the Community Association, its successors and/or assigns and the South Florida Water E Management District, a perpetual maintenance easement for maintenance of any the lakes to be maintained by the Community Association. The lake maintenance easement Q are for the sole'purpose of maintaining the lakes and are not to be used for any other purpose. Section 9. Extent of Easements. The rights and enjoyment of the easements created hereby shall be subject to the following: A-` The right of the Declarant or the Community Association, or any Neighborhood Association in accordance with its By -Laws, to borrow money from the Declarant or any other lender for the purpose of improving and/or maintaining the Property, and providing services authorized herein arid, in aid thereof, to mortgage said properties. 5095681-2 16 Packet Pg. 273 OR: 3649 PG: 3401 B: The right of the Community Association, subject to the notice provisions of its By -Laws, to suspend the rights and enjoyment of said easements of any Member or any tenant, guest, licensee or invitge of any Member for any period during which any assessment remains unpaid, and for any period, not to exceed sixty (60) days, for an infraction of its published Rules and Regulations, it being understood that any suspension for either non-payment of any assessment or breach of any Rules and Regulations of the Community Association shall not constitute a waiver or discharge of the Member's obligation to pay the assessment; provided, however, that the Community Association shall not suspend the right to use any roads belonging to the Community Association, subject, however, to.the Rules and Regulations of the Community Association for such use, and provided further that, the Community Association may not suspend any rights and easements reserved herein to the Declarant. All suspensions of rights hereunder shall be performed by the Community A4 ciation in accordance with its By -Laws; t;� ! e rights of the Community Association to charge reasonable m b -h'ip, admission, and other fees for the use of the Recreational Facili i f D. The. Soa of Directors of the Community Association shall have o the power`6 lace any reasonable restrictions upon the use of any 0 roadways owed bythe Community Association including, but not limited f° to; the maximu ari��i minimum speeds of vehicles using said roads, maximum weight tdctions, all other necessary traffic and parking � regulations, and the,� *Oum noise levels of vehicles on the use of such > roads shall be moms Rtive than the laws of the state or any local government having tyusdicom over the Property shall not make such � restrictions unreasonabl. The ght of ingress and egress through such o roadways shall not be i i c � N E., The right of the Corn` _u itk`4sociation to give, dedicate or sell all N or;any part of the Common Area; rop lays, or other rights of way to any a public agency, authority, or utilit�v6ritkh purposes and subject to such conditions as may be determined 'bJ\ftji' gmmunity Association, provided c that no such gift or sale or determUittoKbI such purposes or conditions shall be effective unless the same shall bd authorized by the affirmative v vote of three -fourths (3/4) of the votes cast,b the Voting Representatives and the Declarant at a duly called mee n+g f the Members of the Community Association, and unless writteh-bbtiig -9f the meeting and of the proposed action thereunder is sent at leaq(thi days to E (30) prior such meeting to every Member entitled hereun�et t ote or his Voting Representative. A true copy of such resolution togOIJr ith a certificate of U the results of the vote taken thereon shall be made an . 6knowledged by Q the President or Vice -President and Secretary or Assistaf4 Secretary of the Community Association and such certificate shall`be annexed to any instrument of dedication or transfer affecting the said property, prior to the E recording thereof. Such certificate shall be conclusive evidence of authorization by the Members. F. ' Such reasonable Rules and Regulations for the use and enjoyment of the rights granted by the easements as may be promulgated by the Community Association from time to time. Section 10. Further Restrictions. Nothing other than storm water may be discharged into any lake, canal, or other body of water located within or adjacent to the Property. Any permanent device through which water is drawn from any lake, canal, or other body of water onto or within any of the Property shall be subject to the prior written approval of the Architectural Review Committee as hereinafter established. 5095681-2 17 Packet Pg. 274 OR; 3649 PG; 3402 ARTICLE VII ASSESSMENTS Section 1. Creation of the Lien and Personal Obligations of Assessments. The Declarant covenants, and each Owner of any Family Dwelling Unit shall by acceptance of a deed therefore, regardless of whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to all the terms and provisions of this Declaration and to pay to the Community Association: (1) annual assessments, (2) special assessments, and (3) individual assessments, all fixed, established and collected from time to time as hereinafter provided. Said assessments will only be required of an Owner including Declarant of a Family Dwelling Unit after a Certificate of Occupancy or its equivalent has been issued by the applicable governmental apthority having jurisdiction thereof. No assessments will be due until such time 5, t1"e,,Ce 'cficate of Occupancy has been issued. The annual, special and individual assessments, together with such interest thereon and costs of collection (including Re ;39 3b( Attorneys' Fees) therefore shall be a charge and continuing lien as provided her�mfhe real property and improvements thereon of the Owner against whom each such assessment is made. Each such assessment, together with such interest thereon.,aniecost of collection (including reasonably Attorneys' Fees), shall also be the personal obligation of he person who was the Owner of such real property at the time when the aj;sessrrierf ' first became due and payable. The liability for assessments may not be avoided bywaiver-of the use or enjoyment of any Common Area or any Recreational Facility, or bj (-tf e) abandonment of the property against which the assessment was made. IrF,�"-case of co -ownership of any Property subject to assessment, all of such co-Owwm all be jointly and severally liable for the entire amount of the assessment. Section of Annual, ss'e rents. The annual assessments levied by the Community Association shall:' .V��d exclusively for the improvement, ,bemaintenance, enhancement, and opera_tiio , o*, the property described in Article IV, Section 1 and to provide services whicFft ` muni Association is authorized or required to provide. The Community Associatigrt p4y establish reserve funds to be held in reserve in an interest bearing account or:-,;1Atr5t ents as a reserve for (a) major rehabilitation or� ma or repairs, and b for eme ett end other repairs required as a 1 P O �9> �' . P q result of storm; fire, natural disaster, or other `6aWal loss. The amount of annual assessment will vary as to the type of Family DwoJIA Unit on a Residential Lot as determined by the Board of Directors of the Community AWc4ation. Section 3. Initial Period. There shall be no annua4-6r pepial assessments prior to December 31', 2004, or until a date determined by the B. rd` Directors, whichever is later. The Board of Directors shall give notice of the initial bud a d commencement of assessments at least 30 days before the first quarterly instaflt becomes due. After the date established in the immediately preceding sentence, and.bal assessments' shall be levied and determined in accordance with Sections 4 and 5pftimi5 Article VII. Section 4. Annual Budget of General Expenses. The Community Association shall prepare an annual budget not less than thirty (30) days in advance of the commencement' of each fiscal year which shall project the estimated total expenditures for the services set forth in Section 2 above for the forthcoming year. Recreational Expenses may only be included in the budget to the extent they relate to Recreational Facilities owner( and/or leased by the Community Association and open to all Owners. No Recreational Expenses relating to any Recreational Facility operated on a Membership Basis shall be contained in the budget; provided, however, that nothing contained herein shall prohibit the Community Association from charging a reasonable fee for the use pf any Recreational Facility or from permitting the general public to use same upon payment of such a fee if it is deemed in the best interest of Valencia Lakes. The Community Association shall, at the same time as it prepares the annual budget, prepare a schedule which sets forth the amount of the annual assessment for each Owner. r O ti M 5095681-2 18 Packet Pg. 275 1 OR: 3649 PG: 3403 Section 5. Collection of Annual Assessments. Annual assessments with respect to all property covered by a Neighborhood Association shall be determined as follows: A. The Community Association shall not deal directly with each Unit within the jurisdiction of a Neighborhood Association except as provided in Section of this Article VII except as may become necessary under Section 6 of Article X or this Declaration, but shall deal with the Neighborhood Association through its officers. B., Each Neighborhood Association shall be liable to the Community Association for collection and remittance of the entire amount of the aggregate monthly installment due with respect to all of the Units owned by all of said Neighborhood Association's members and for the aggregate amount of Eny special assessment due with respect to all of the Units o ed by all of said Neighborhood Association's members. Said a l !Oborhood Association shall budget and collect said Annual ; s ' nent and Special Assessments as common expenses of the N,elghb�)e rhood Association, which shall be collected in the Sub -Declaration to the said Neighborhood Association for common expenses of thg sat�l Ahborhood Association. e eclarant amends or modifies the development plan, C. If ; thien(.s-A-',`?f 0 including tat limited to adding or deleting property, increasing or decreasing ca projected units, altering the relative densities of Vale , portions of cia 91f and Country Club, or if the number of Units to be constructed in anyarga''pf the Property is changed by any Developer, the f° proportionate sharei'o�affeth annual budget (or any special assessments) of the Owners may tiet No Owner have shall any right to object to any such amendment"oi i cation of the development plan on the basis N that same would affect s pt �pp rtionate share of the annual budget or o any special assessment) and'tl decisions of the Declarant in this regard shall be final, conclusive, and unr:W6wable. N Section 6. Date of Commencement o f-fiftual Assessments. Due Dates. The c a annual assessments provided for herein shall cornmQAce as to a Residential Lot on the r first day of the month following the earliest o jtfie .following events to occur a) a Certificate of Occupancy being issued for a Fam belling Unit y constructed on a Residential Lot;, or b) the occupancy by an OwneF-6f 'a Family Dwelling Unit on a N Residential Lot;- or c) the conveyance by the Declarant Qt a esidential Lot; provided, however, that notwithstanding anything to the contrary coht in(ed above, the Owner of a Residential Lot shall 1/50th the as c pay of annual assessment Certificate of Occupancy is issued for the Family Dwelling U Residential Lot until a t the constructed on Residential Lot br until the Family Dwelling Unit is occupie afi . caner, whichever first occurs. The first annual assessment shall be adjusted and-ag��o the r number of months remaining in the calendar year. Q Section 7. Purpose of Special Assessments. To the extent that annual W E assessments are insufficient to fund the services which the Community Association is authorized or required to provide, the Community Association may levy a special assessment to cover the cost thereof. a Section 8. Proportion and Amount of Special Assessments. The total amount of special assessments, in any one year, may not exceed a sum equal to the amount of annual assessment for such year, except in the case of emergency and other repairs required as a result of storm, fire, natural disaster, or other casualty loss. This provision shall be interpreted to mean that the Community Association may make in any one year an annual assessment as set forth in Section 5 of this Article plus an additional special assessment, which additional assessment being considered alone, may not exceed the annual assessment. Section 9. Individual Assessments. Subject to the terms and provisions of an 5095681-2 f 19 1 Packet Pg. 276 OR: 3649 PG: 3404 applicable Sub=Declaration, each Owner of a Family Dwelling Unit is required to maintain his property, whether improved or unimproved, in a state of good repair at all times, which shall include, but shall not be limited to, periodic painting (or other appropriate refinishing) of all structures requiring same and the maintenance of the lawns, shrubbery and trees in a well-groomed and trim condition, and if unimproved, in an orderly and uncluttered condition. Certain of those responsibilities are the maintenance responsibility of a Neighborhood Association as provided for in the applicable Sub -Declaration over those portions of the Property subject to a Sub - Declaration. Such Owners are further required to maintain their property in accordance with any other covenants, conditions and restrictions, Supplemental Declarations and Sub -Declarations to which their deeds or other instruments of conveyance make reference. In the event of the failure of such Owner(s) to maintain their property as required herein,. the Community Association, after first given thirty (30) days notice to such Owners and an opportunity to appear before the Board of Directors of the Community Association, may take such steps as are necessary to remedy any defective and/or unsight9y// conditions or comply with requirements imposed herein, or the Community ms6c tion may require the applicable Neighborhood Association to do so, and such Own ;of said property shall be assessed for the expense of same. Entry upon such OrWKSers ,Property for such purpose shall not constitute trespass. Assessments nla'_' 6"be levied against such Owners for any damage to Property, Common Area, or R� National Facilities which may be caused by such Owners, their families, lessees, gu'6ts or nyitees. Section 10. Monthly avment of Annual Assessments. Annual assessments shall be paid in advance in mo thly, �'n tallments due on the first day of each month or as otherwise established by the (omoignity Association commencing with the date stated in Section 3 of this Article,'and be deemed delinquent if not received by the Community Association on or befoa' a tenth date after they become due. The due date and grace period of any sper�(4os ssment under Section 6 hereof shall be fixed in the resolution, authorizing such ass'eser�t. Section 11. Duties of the Board�'Arectors. The Board of Directors of the N Community Association shall prepare ari,,,AnWia�l budget and fix the amount of the N assessment against each of the properta�s i?rtl Neighborhood Association(s) as J provided herein'above for each assessment ,pe ' " d'and shall, at that time prepare a rL roster of the Family Dwelling Units, Reside at.F;o' and properties, Neighborhood Associations, and assessments applicable there�t��*'ho shall be kept in the office of the Community Association be o M and shall open o .fisp, ction by any Owner. Written notice of the assessment shall thereupon be sent tr�Npighborhood Association(s) and every Owner, who directly pays his own assessments:,e, Community Association 0 shall upon demand at any time furnish to any Neighborhdod Wssociation or Owner who r r of the Community pays assessments directly a certificate in writing signed by-hiEd7ast' Association, setting forth whether said assessment has been•uch certificate shall E be conclusive evidence of payment of any assessment theed to have been The Community Association o paid. may charge a reasonable feef6r } ertificate. Z_ Q Section 12. Effect of Non -Payment of Assessment Lien. If a ssessment is not c paid on or before the past -due date specified in Section 10 of this Article VII, then such assessment shall become delinquent and shall, together with interest thereon at the maximum rate allowed under law from the due date, any late charges and the cost of CU collection (including Reasonable Attorneys' Fees) thereof as hereinafter provided, Q thereupon become a charge and continuing lien on the land and all improvements thereon as provided below, against which each such assessment is made. The Board of Directors shall have the authority to waive(either on a case by case basis or prospectively) small amounts of interest which may become due under this section in order to save bookkeeping costs if the Board finds it in the best interest of the Community Association to do so. Assessments shall be personal obligations against the following: A. Each Owner of property not covered by a Neighborhood Association shall be personally liable for all assessments made against his/her property, which liability will survive even after he/she has 5095681-2 20 Packet Pg. 277 OR: 3649 PG: 3405 transferred title to the property subject to the assessment. Each person acquiring such property shall become personally liable for all unpaid assessments against such property. B. Each Neighborhood Association shall be liable for the aggregate assessment against all of the properties covered by said Neighborhood Association. C. Each member of a Neighborhood Association shall be severally liable for his pro rata share of any assessment against his Neighborhood Association. Any member of a Neighborhood Association may discharge his liability provided in this paragraph by paying his pro rata share of the assessment directly to the Community Association. The provisions of this paragraph shall not apply unless and until any assessment against a Neighborhood Association becomes delinquent and the Community As ociation opts to enforce same against the Neighborhood Association bers. The term "pro rata share" for purposes of this section only, ns, the pro rata share of any assessment according to the Sub - The lands and impro_rpmjsnts which are subject to lien for delinquent assessments are: D.' The lan4s and improvements subject to any assessment which are not coverey a Neighborhood Association are subject to lien for delinquent as sessments made against such lands and improvements. E.' The induildt7aC`, properties owned by the members of a Neighborhood Aws 'I�tibn which is delinquent in paying assessments shall be subject to)iliena\and may be released from such lien, to the extent provided in para§r� C of this section. .0 `1 F. The individual ro , ies' elon in to an Owner shall be subject P P 9 9 Y c to' lien for failure to a dividual assessments against such N pay ,,,Y N properties. N J a. Said liens shall be evidenced by a claim of lien , iilod�� a_i ong the Public Records of Collier County, Florida, and shall be effective from and`�Wof the time of recording; such lien o shall be superior to all other liens save and excefit.Wa t ' roperty tax liens and the liens M of any Institutional Lenders first mortgage. Section 13. Remedies. If any assessmentis(rlotpaid prior to becoming delinquent or the expiration or any applicable grace period; " hin thirty (30) days, if there is no applicable grace period or delinquency date, t e C mmunity Association may bring an action at law against any person personally obto pay the same or an action in equity to foreclose the lien against the subject pro&ie ,,)*ich foreclosure shall be prosecuted as is provided by law in cases of mortgage f6reclosures. The ' Community Association may bid at any sale held pursuant to suoO, oreclosure and apply as a cash credit against its bid all sums due the Community Association covered by the lien being enforced. The Board of Directors may settle and compromise said lien if it is in the best interests of the Community Association. In any civil action brought hereunder, the Community Association shall be entitled to judgment for interest, costs, and reasonable' attorneys' fees as provided in this Declaration if it is the prevailing party Section 14. Subordination of the Lien to Mortgages. Where a person obtains title to property as result of foreclosure of a first mortgage or where the holder of a Institutional Lender's first mortgage accepts a deed in lieu of foreclosure of its first mortgage of record, such acquirer of title and his heirs, successors or assigns, shall not be liable for the lien of any assessment pertaining to the property so acquired which became due prior to the acquisition of title as a result of foreclosure or the acceptance of such deed in`lieu of foreclosure, and said property shall be free of any lien for such assessment, provided, however, that the extinguishment of the lien against the property 5095681-2 21 OR: 3649 PG: 3406 for such assessments provided herein shall not relieve the original Owner from his personal liability to the Community Association for such unpaid assessments. Any assessment not collected because of the foregoing provisions or otherwise found by the Board of Directors to be uncollectible shall be collectible as additional common expenses from all Members subject to the same type of assessment, or the case of an uncollectible assessment made against property located in an area governed by a Neighborhood Association, from all Members belonging to said Neighborhood Association. Section 15. Exempt Property. The following property and persons shall be exempted from assessments under this Declaration and liens therefore: A. Any portion of the Property used exclusively for dedicated public roadways; 8 All Common Area; oect_ ion.ti.. Uapitai Contributions. At the time of the closing of a Family Dwelling Unit pursuant toi`an Priginal sale by the Declarant, each purchaser shall pay to the .. Declarant on b f;t�a Community Association a sum equal to the aggregate of Two Hundred Fifty 'and.'100 ($250.00) Dollars as the amount of working capital contribution. These monies` (hereinafter called "Capital Contribution" shall be the Community Associatign'sr perty, and shall be held by the Community Association through its Board of Direct, pursuant to the powers described in the Articles and By - Laws. The Capital Contri tlon hill be deemed ordinary association income and need not be separated from or held!br qy .died differently than assessments. Section 17. Surface Wateement System. If not conveyed to the CDD the Community Association is responsit*le'. for assessing and collecting fees for the N operation, maintenance, and, if-"rnggceassary, replacement of the surface water management system. Fees shall' lbe'��'Aa-essed and collected through annual o assessments or other assessment, if nee4ssa- �., '�. Notwithstanding any provision that Section 18. Declarant's Guarantee'0f'Sews N N O N may be contained to the contrary in this Ddy, for as long as Declarant is the J a. owner of any Lot and there is a Class B Mer" ,the Declarant shall, at its option, not be liable for assessment against such Resin. la .Lot, provided that the Declarant � funds any deficit in operating expenses, excrus�ve'�; f reserves, cost of capital ti v improvements and non -budgeted repairs or replacement and management fees (if the Declarant is entitled to same). Where there is more than ana, Declarant, the foregoing rights shall be available to each of the Declarants eleatin$$''°lame. For the purposes c hereof a deficit 'shall be computed by subtraction from saRf "qKpeses (exclusive of the items described in the foregoing sentence) all assessments-,- gpWributions and other sums received, or receivable by the Community Associa rt. 2Th Declarant may commence such assessments to Residential Lot(s) that `it ed� thereby t r and Q automatically terminate its obligations to fund a deficit in the operating ex enses of the Community Association, or any time or from time to time elect agdi trrro fund deficits as aforesaid. When all Residential Lots within the Property owned by Declarant are sold E and conveyed to purchasers, the Declarant shall have no further liability of any kind to the Community Association for the payment of assessments or deficits other than those `�° that arose to prior to such time. Q ARTICLE Vlll ARCHITECTURAL AND DEVELOPMENT CONTROL Section 1. Architectural Review Committee. There is hereby established an Architectural Review Committee ("ARC") whose duties, powers and responsibilities shall be as hereinafter set forth: 5095681-2 22 Packet Pg. 279 OR: 3649 PG: 3407 A.'' Initially, the ARC shall consist of three (3) persons designated by the Declarant, who shall hold office at the pleasure of the Declarant. The Declarant shall determine which member of the ARC shall serve as its chairman. At such time as the Class B Membership ends or earlier as Declarant may decide, the Declarant shall assign to the Community Association the rights, powers and duties and obligations of the ARC, whereupon the Board of Directors of the Community Association shall appoint the members of the ARC which shall consist of four (4) members and shall provide for the terms of the members of the ARC, and determine which member of the ARC shall serve as its chairman. B. Except for any Lots owned by a Declarant, or any Common Area roadway or lakes, the ARC shall have the right of specific approval or veto of all architectural and landscaping aspects of any improvements or development of individual units or buildings as well as the general plan for dev lopment of any individual lot, subdivision, tract or parcel of land within Y*ncia Golf and Country Club provided, further, that the ARC may, in its so dis,cretion, impose standards on said architectural and landscaping spo nd said general plan for development, which standards are greater isnore stringent then standards prescribed in applicable building, zoning .or,�Ot} er local governmental codes. C. Except- to any Common Area, roadway or lakes, no building, sign, outside l'u�ting, fence, hedge, wall, walk, dock, or other structure or planting sha be constructed, erected, removed, planted or maintained, nor shall any ad i h to or any change or alteration therein be made until the plans and 'spgcfd'ations showing the nature, kind, shape, height, materials, floor planojo.r scheme, and the location of same shall have been submitted to —a approved in writing by the ARC. As part of the application process, Vie' ). complete sets of plans and specifications � Ia prepared by an archite Qscape architect, engineer, or other person found to be qualified by the 6C=, hall be submitted for approval by written application on such form as me,provided or required by the ARC. D. In the event the informat d witted to the ARC is, in its opinion, incomplete or insufficient in any aiapo . it may request and require the submission of additional or supplenna. gpti riformation. c E. The ARC shall have the right 'ta'se to approve M any plans and v specifications which are not suitable or desirabi in its sole discretion, for aesthetic or any other reasons, provid d�such approval is not r 'in such plans and unreasonably withheld. In approving or dis4C!taWif m applications, the ARC shall consider the s of the proposed E building, improvements, structure or landscapimaterials of which U the same are to be built, the site upon which it is°pro �o�� to be erected, the harmony r thereof with the surrounding area and the'dffect thereof on Q adjacent or neighboring property. �_ = F. Unless specifically exempted by the ARC, all improvements for which approval of the ARC is required under this Declaration shall be CU completed within a reasonable time from the date of commencement of cU Q said improvements or within the time set by the ARC in the event that the approval is so conditioned. G. In the event the ARC shall fail to approve or disapprove any plans and specifications submitted in final and complete form, within forty-five (45) days after written request for approval or disapproval is delivered to the ARC by the Owner or the Owner's agent or attorney, then such approval of the ARC shall not be required, and the Owner or the Owners agent or attorney may record an affidavit in the Public Records stating that the required notice was given and no objection was made by the ARC, which affidavit shall constitute prima facie evidence of the facts stated 5095681-2 23 Packet Pg. 280 OR; 3649 PG: 3408 therein; provided, however, that no building or other structure shall be erected or shall be allowed to remain if built in violation of this Declaration of'which violates any of the covenants, conditions or restrictions contained in this Declaration, or which violates any zoning or building ordinance or regulation. N. There is specifically reserved unto the ARC, the right of entry and inspection upon any of the Property for the purpose of determination by the ARC whether there exists any construction of any improvements which violates the terms of any approval by the ARC or the terms of this Declaration, of any Supplemental Declaration or of any other covenants, conditions, and restrictions to which its deed or other instrument of conveyance makes reference. Such inspection shall be preceded by reasonable notice to the Owner of the property to be inspected, except for Q inspections of exterior of improvements and of unenclosed land. The ARC is `. peci ically empowered, acting in the name of the Community 3 �tk t o ation, to enforce the provisions of this Declaration and all v 5 lement Declarations by any legal or equitable remedy, and in the ' evert `it; becomes necessary to resort to litigation to determine the propri of,any constructed improvement, or to remove any unapproved irdproyeejs, the Community Association shall be entitled to recovery of to all court costs, expenses and reasonable attorneys' fees in connection ,a therewith;, Thy Community Association shall indemnify and hold harmless the ARC and.�a ch of its members from all costs, expenses and liabilities including attofneys'--fees incurred by virtue of any member of the ARC's ca •5 service as a mert 15 r fif the ARC. All costs, expenses, and attorneys' fees of the ARC, inclui ing those incurred in connection with its enforcement or powers as providedhi,shall be borne by the Community Association; provided, however," at<nbthing provided herein shall be deemed to , uO negate the Corn=6ty �siation's right to an award of its and the to ARC's reasonable alto ys , s and costs if it is the prevailing party in o any administration or judi seeding. The ARC is empowered to N publish or modify from time to,'design and development standards for cr Valencia Lakes. ; f;, N J Wherever the written Cori ept'o}he ARC shall be required, the the ARC a.J.. chairman of shall be a6th6rizbd,,to execute and acknowledge c instruments manifesting said consentlaf�c pproval by the ARC. M K, A specific improvement, once approv ,4by the Declarant or the ARC, may remain in place notwithstandihg, 4k, adoption of contrary standards later. ' r� .: E L. Approval may not be given for the constrd t' t n sf ny wall, fence or U hedge which materially interferes with the water'A-e e Golf Course Q view of any Lot or Unit. 1 -- ' ARTICLE IX SUPPLEMENTAL DECLARATIONS AND SUB -DECLARATIONS Section 1. Approval of Supplemental Declarations and Neighborhood Declarations. No Supplement Declaration or Neighborhood Declaration may be recorded in the, Public Records of Collier County by any person, nor shall same have any legal or equitable affect or validity, nor shall any Neighborhood Association be created, unless it has been approved as provided in this section other than Trustee subjecting the Trustee Property by a Supplemental Declaration pursuant to the authority of Trustee under the provisions of Article II, Section 2(C) of this Declaration. Such approval shall be evidenced by the affixing of a certificate of approval as provided below to the Supplemental Declaration or the Neighborhood Declaration and the recording of 5095681-2 24 Packet Pg. 281 OR: 3649 PG: 3409 3.C.h said certificate with the Supplement Declaration or Neighborhood Declaration in the Public Records of Collier County. A. The right of approval provided in this section shall be held by the Declarant for as long as there is a Class B Membership or until the Declarant surrenders its right of approval to the Community Association. B. No person shall attempt to avoid the requirement of approval set forth in this section by including "deed restrictions' or conditions in any deed or instrument of conveyance of the Property and all such attempted restrictions and conditions, unless approved as herein provided, are hereby declared null and void. C. The purpose of the provisions of this Section is to ensure that the Property is developed through a uniform plan of development. The proisions of this Section shall apply to all persons owning any of the PrAp rty, including but not limited to developers and builders acquiring title frpthe Declarant. E j D ri �, Supplemental Declaration or Neighborhood Declaration execute'"the Declarant shall be deemed approved as provided herein withoAthe necessity of any separate certificate of approval. E. The iisDeclaration ance of its approval or consent to the recording of any Supplement or Sub -Declaration shall not deem the Declarant, the 'r the Community Association to be the developer of the property 66COATered thereby, and the Declarant, ARC and the Community AssocietibR shall incur no liability to any person for their issuance of withholcliKcg' pt\.approval or consent to the recording of any Supplement Declaratieil Qf _Neighborhood Declaration. Section 2. Enforcement of Cove afi B Member, if any Neighborhood Asso5 r Neighborhood 'Declaration, or to perfo thereunder, Declarant may, in its sole d Declaration, and perform such duties and - maintenance provisions, and shall be entitle (including attomey's fees) of such enforcement clarant. As long as there is a Class to enforce any provisions of its of its duties and responsibilities ion, enforce such Neighborhood o,lPibilities, including any and all i� over the costs and expenses Section I Entry Rights. Each Neighborhood Asso,��iat' and each Owner shall permit Declarant, or any authorized agent or employee Hof Dfclarant, to enter upon a Neighborhood common area or the owner's Lot at reaso!41�b,,1e ftmes, to cant' out the provisions of this Declaration, and the entry shall not cofistt e, a trespass. This provision shall not be construed as authorizing entry by Decl� t© the interior of any Unit that is owned by a person other than Declarant, except in errierinry. Section 4. Maintenance of Neighborhood Common Areas✓--Tli'e Community Association may contract with any Neighborhood Association to provide for the maintenance and management of its Neighborhood common areas. Section 5. Neighborhood Declaration. Declarant reserves the right, and the power, without the consent of any other person being required: (A) To amend the specific provisions of this Declaration as they apply to one of more Neighborhoods, without amending those provisions with respect to all Neighborhoods; and (B) To supplement this Declaration by recording separate covenants, conditions, restrictions and other provisions applying to any speck Neighborhood. Section 6. Priority of Neighborhood Declaration. The documents establishing or 0 ti M 5095681-2 25 Packet Pg. 282 OR: 3649 PG: 3410 governing a Neighborhood Association shall not be inconsistent with this Declaration or its recorded exhibits, except they may establish restrictions on subjects related to the use and occupancy of the property within the Neighborhood, such as pets, parking, architectural controls, leasing and guest occupancy, that are more restrictive that those set forth herein. ARTICLE X GENERAL PROVISIONS Section 1. Duration. The covenants, conditions and restrictions of this 6 a Declaration shall run with and bind the Property, and shall inure to the benefit of an be Q- enforceable by the Community Association, the Declarant, any Neighborhood Association and any Owner, their respective legal representatives, heirs, successors, and assign f� term of twenty-five (25) years from the date this Declaration is v recorded. After, id4wenty-five (25) year period, said covenants shall be automatically ' ve periods often (10) years unless terminated as follows: extended for sote9l" a'4 A. T�nation shall be terminated at a meeting of the Members after giving written notice that termination be 0 Ca will considered to each Member at least forty- iv (45) days in advance of said meeting. B. Thre fourths (3/4) of the Members present and voting of each of � the two classes mbers must vote in favor of termination. C. Institutiona4e &rs having first mortgages encumbering at least , three -fourths (3/4) ol`properties as to which there are voting rights must N consent in recordable4ritt:-instruments to the termination. gh to In the event that the Community Asso*io'r* votes to terminate this Declaration, the President and Secretary of the Community: sstciation shall execute o a certificate which shall set forth the resolution of termination adib` ted by the Community Association, the cN� N date of the meeting of the Community As, o ' n at which such resolution was J a adopted, the date that notice of such meetirfi WAS°:given, the total number of votes of the Community Association, the total number of vq'te' 6,quired to constitute a quorum at c a meeting of the Community Association, the ri6rr}b 'r f votes necessary to adopt a M resolution terminating this Declaration, the total n* ' of votes cast in favor of such resolution, and the total number of votes cast against sgph esolution. Said certificateand all the consents of all mortgagees shall be recorded lb tho Public Records of Collier County, Florida, and may be relied upon for the correstie 'qf the facts contained therein as they relate to the termination of this Declaration ' E ''.. U Section 2. Amendments by Members. This Declaration niay�6 amended at any Q time by the Community Association provided that two-thirds (2/3) of K votes cast by the Members (where there is a Neighborhood Association voting always through c their Voting Representatives) present at a duly called and held meeting of the Community Association vote in favor of the proposed amendment; provided, however, t that if the affirmative vote required for approval of action under the speck provision to be amended, is a higher or lower percentage, then such higher or lower percentage a shall be required to approve amendment of that provision. Notice shall be given at least forty-five (45) days prior to the date of the meeting at which such proposed amendment is to be considered. If any proposed amendment to this Declaration is approved by the Members as set forth above the President and Secretary of the Community Association shall execute an Amendment to this Declaration which shall set forth the amendment, the effective date of the amendment which in no event shall be less than sixty (60) days after the date of recording the amendment, the date of the meeting of the Community Association at 'which such amendment was adopted, the date that notice of such meeting was given, the total number of votes of Members of the Community Association, the total number of votes required to constitute a quorum at a meeting of the Community Association, the number of votes necessary to adopt the amendment, 5095681-2 26 Packet Pg. 283 OR: 3649 PG: 3411 the total number of votes cast for the amendment, and the total number of votes cast against the amendment. Such amendment shall be recorded in the Public Records of Collier County, Florida. No such amendment shall have the effect causing the reversal of any previous approval or another decision made by the Community Association or the Declarant. Notwithstanding any term or provision in this Section to the contrary, no such amendment shall modify, amend, nor impair the rights of Trustee, or the rights of the owner of the Golf Course Property, granted in this Declaration with respect to the Goff Course Property, easements or roadways within the Property, without the prior written consent of Trustee or the owner of the Golf Course Property (as appropriate), which consent may be withheld in the Trustee's or Golf Course Property owner's sole and absolute discretion. Section 3. Amendments by Declarant. The Declarant may amend this a Declaration at any time that there is a Class B Membership without the consent of the Q' Members. No such amendment shall have the effect of causing the reversal of any previous approy�ai or another decision made by the Community Association or the ' Declarant: ,�,fiEo..A h amendment shall impair vested, substantial rights of Owners, v Notwithstandi arty term or provision in this Section to the contrary, no such amendment shalfr��m�ify, amend, nor impair the rights of Trustee, or the rights of the ' owner of the G©I_f Aurae Property, granted in this Declaration with respect to the Golf j Course Property, e jSes?rients or roadways within the Property, without the prior written L ,� consent of Trustee or the owner of the Golf Course Property (as appropriate), which consent may be withhel(j.irythe Trustee's or Golf Course Property owner's sole and o absolute discretion. ca Section 14. Quorum. Qdort1 requirements in the Articles of Incorporation to the contrary notwithstanding, the fist "�me any meeting of the Members of the Community f° Association is called to take actierfrr�pkpr Section 2 of this Article X with respect to any particular proposed amendment6f thwbeclaration, the presence at the meeting of the LO Members or proxies entitled to castri 6p%) percent of the total vote of the Members shall constitute N to a quorum. If the r uir quorum is not forthcoming at any such c meeting, a second meeting may be called su "ect to the giving of proper notice and the required quorum at such subsequent mee 09, "hall be the presence of the Members or N N proxies entitled to cast fifty (50%) peroent`df, the total vote of the Community N Association. j `! ; <, a Section 5. Notices. Any notice required 9%6e sent to any Member or Owner .. o under the provisions of the Declaration shall be de; 6m to have been properly sent, der and notice thereby given, when mailed, with the pre postage affixed, to the last v known address of person or entity who appears as r in the Public Records of Collier County,., Florida, as said address t� appears on' r4cords of the Community Association. Notice to one of two or more Co -Owners of'a,��idc,ntial Lot or FamilyDwelling Unit shall constitute notice to Co all -Owners. It shah,obligation of everyMember to immediately notify the Secretary of the Commun1_�r.�ration in writing of any change of address. Any person who becomes and Ownef and? ember following the first day in'the calendar month in which said notice is mailed, shbll,be deemed to' Q have been given notice, if said notice was given to his predecess&r ff i Te. In the event = notice of chan a of ownership of theproperty of any Member is not furnished to the E Community Association as provided in Section 3 of Article III hereof, any notice sent by the Community Association to the Owner last known to the Community Association shall crs be deemed proper notice under this Section. Notice of meetings, proposed Q assessments, and all matters except proposed individual assessments or sanctions against particular properties or Owners shall be given only to the Voting Representatives and not to the general membership. Section 6. Enforcement. Enforcement of these covenants, conditions and restrictions shall be by any proceeding at law or in equity and may be instituted by the Declarant, its successors or assigns, the Community Association, its successors or assigns, any Neighborhood Association, or any Owner against any person or persons violating or attempting to violate or circumvent any covenant, condition, or restriction, either to restrain violation or to recover damages, and against the land and to enforce any lien created by these covenants; and failure by the Community Association any 5095681-2 27 Packet Pg. 284 OR: 3649 PG: 3412 Neighborhood Association, any Owner, or the Declarant to enforce any covenant, condition, or restriction herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to enforce same thereafter. In any proceeding for the enforcement or to determine the construction of any of the provisions hereof the prevailing party shall be entitled to an award of costs and reasonable attorneys' fees shall ever be entered against the Declarant. Section 7. Fines. In addition to all other remedies, in the sole discretion of the Board of Directors of the Community Association, a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests, invitees or employees, to comply with any covenant, restriction, rule or regulation, provided the following procedures are adhered to: (a) Notice: The Community Association shall notify the Owner of the alleged infraction or infractions. Included in the notice shall be the date and time Q of a spe. ial meeting of the Compliance Committee of the Community Assoc�ti3O.s,,as said committee is defined in the By -Laws of the Community v Associ .9 which time the Owner shall present reasons why a fine(s) should ' not be , mod -se At least fourteen (14) days notice of such meeting shall be o given. b' 146arin The alleged non-compliance shall be () �9� 9 p ' presented to the U 0a Compliance Committeo after which the Compliance Committee shall hear o reasons why a -fine ') should not be imposed. A written decision of the O Compliance Committbe shall be submitted to the Owner by not later than fifteen f° (15) day4 after the Corn'V an4 Committee meeting. The Owner shall have a right = to be represented by couV,s a%d to cross examine witnesses. (c) Amounts: The�ogrd., of Directors (if the Compliance Committee to finding are made against theXJw.nn., �k) may impose special assessments against to the Unit owned by the Owner a51ol16, s. o 1 First non -corn Ir () p e, qr violation which are of a continuing N N nature: J a fine not in excess of Fifty/and Wo/100 ($50.00) Dollars per day rL without a limitation on the agg�46,amount of the amount due. c (2) Second non-compliance�;]o)violation which are of a v continuing nature: a fine not in excess of .One Hundred and No/100 ($100.00) Dollars per day without a limitatip6 rt Jre aggregate amount of r the amount due. E (d) Payment of Penalties. Fines shall be pa--ido later than five (5) days after notice of the imposition or assessment the U of pertalt r Q (e) Application of Proceeds. All monies received fXgNrr-fines shall be allocated as directed by the Board of Directors of the Community Association. (f) Non -Exclusive Remedies. These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Community Association may be otherwise legally entitled; provided, however, any penalty paid by the offending Owner shall be deducted from or offset against any damages which the Community Association may otherwise be entitled to recover by law from such Owner. Section 8. Severability. Should any covenant, condition or restrictiop herein contained, or any article, section, subsection, sentence, clause, phrase or term of this Declaration be declared to be void, invalid, illegal, or unenforceable, for any reason by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no way effect the other provisions hereof which are hereby declared to be severable and which shall remain in full force 5095681-2 28 Packet Pg. 285 OR: 3649 PG: 3413 and effect. Section 9. Interpretation. The provisions of this Declaration of Covenants, Conditions and Restrictions shall be given that interpretation or construction that will best tend toward the consummation of the general plan of improvements. Section 10. Termination of Declaration. Should this Declaration be terminated as provided herein, all Common Area other than the Common Area containing the surface water management system, property containing the surface water management system and water management portions of Common Area and Recreational Facilities owned or held by the Community Association at such time shall be transferred to a trustee appointed by the Circuit Court, Collier County, Florida, which trustee shall sell the Common Area and Recreational Facilities free and clear of the limitations imposed hereby upon terms established by the Circuit Court of Collier County, Florida. The proceeds of such a sale shall first be used for the payment of any debts or obligations constituting a lie on the Common Area or Recreational Facilities, then for the payment of any oblig� �� al�is� incurred by the trustee in the operation, maintenance, repair and upkeep of tfi6 neon Area or Recreational Facilities. The excess of proceeds, if any, from Cemmor' ei , nd Recreational Facilities shall be distributed among prop erty Owners in a bTti is equal to the proportionate share of such Owners in the annual budget; provide -� however, that where the portion of the Property owned by any Owners is encumbered by a mortgage, the distribution attributable to said portion of the Property shall 6e applied'ps` rovided in said mortgage either as specifically provided therein or as provided ins on condemnation awards. Should this Declaration be terminated the surface ter management system, property containing the surface water managemer.t system aid `w er management portions of Common Area shall be conveyed to an agency of IG4,,' g'Vemment determined to be acceptable by South Florida Water Management Distkict:.; Ifsaid agency of local government declines to accept the conveyance, then tW "suhface water management system, property containing the surface water manic � I system and water management portions of the Common Area will be dedicated ta. '4 no:, )irofit corporation similar to the Community Association., Section 11. Declarant's Disclaimerldowit standing anything to the contrary J herein, neither Declarant nor Trustee makesl'ny warranties or representations whatsoever that the plans presently envisionedjo(It p complete development of the a Property can or will be carried out, or that any `r8' 1 prp' perty now owned or hereafter o acquired by it is or will be objected to this Declaike�;K��,Q� that any such real property ~ (whether or not is have been subjected to this Declaretiefi) is or will be committed to or M developed for a particular (or any) use, or that if such real r' erty is once used fora t9 particular use, such use will continue in effect. While Declas�s no reason to believe that any of the restrictive covenants and other provisions-cdri 'ra' d in this Declaration are or may be invalid or unenforceable for any reason or to an nf, Declarant makes E no warranty or representation as to the present or future validi r onf rceability of any U such restrictive covenant and other provisions. Any Owner acquir#fi t in reliance on or more of such restrictive covenants and other provisions herein shall 2sspme all risks Q of the validity and enforceability thereof and by accepting a deed tote Cot agrees to c hold Declarant harmless therefrom. a) Section 12. Construction of Terms. Whenever the context so permits, the use of the singular shall include the plural and the plural shall include the singular, and the use of any gender shall be deemed to include all genders. Section 13. Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform development plan for the operation of the Property. Section 14. Dissolution of Community Association. The Community Association may not be dissolved prior to the termination of this Declaration as heretofore provided. In the event the Community Association is involuntarily terminated for failure to comply with the requirements of Chapter 617, Florida Statutes, or otherwise: 5095681-2 29 Packet Pg. 286 1 OR; 3649 PG; 3414 A.. The last directors as surviving trustees shall forthwith take such steps as may be necessary to immediately reinstate the Community Association's corporate status, and until such corporation status is reinstated; B_ The last directors as surviving trustees shall continue the activities of the Community Association; and C. Each of the Members of the Community Association shall be responsible for the proper performance of the mandatory functions of the Community Association as specked in Article IV, Section 1 of this Declaration. Section 15. Failure of Neighborhood Associations to Fulfill Responsibilities. If at Q- any time it appears to the Board of Directors of the Community Association that any Neighborhood. Association is not properly fulfilling its responsibilities hereunder and under its Sti � aration, to the extent that the a „�appearance, first class residential v standards, hea , or,safety of Valencia Lakes is jeopardized, or if any Neighborhood' Association is g ent in the payment of any assessment to the Community Association, thiot3p�wff,jaf Directors may, after at least 15 days written notice to said Neighborhood Associatibryand furnishing the officers of said Neighborhood Association to an opportunity to b6'heard, assume such portion of the rights and responsibilities L),a (including assessment;angj 10)n rights) of said Neighborhood Association as it is not 0 fulfilling until the officers "` f said Neighborhood Association demonstrate to the reasonable satisfaction oftlie Board of Directors of the Community Association that the •5 Neighborhood Association v+i�f'pr perly exercise its responsibilities. All reasonable expenses incurred by the Coruna Association in the exercise of its powers under this Section, including but not ,limited>.to reasonable attorneys' fees (whether suit is brought or not),., accountantsfees e, no*pfessional management fees (the Community , N Association is hereby empowered to'0I `c�"the affairs of any Neighborhood Association subjected to the provisions of this SZ-'-, ih, the hands to o of professional management agents), shall be paid by said Neighborhgou . ociation as a common expense. o Section 16. Chan a in Densityb Whenever reference is made in 2elooers. N N N this Declaration to the numbers of Units prole by the Development plan for the J a various areas pf the Prope erty, rty, including but" "ot� lim"it to the provisions relating to voting and assessments, such projected number bf 1 -Aitt as stated in the Development c plan, as same my be amended from time to irmn'."y, the Declarant, are only the M maximum number of Unit projected for such are aid the actual number of Units cm constructed may be less, as determined by the Declara L- ntil the recording in the Public Records of a of the issuance (a plat of approval offdal development plan by applicable governmental authorities establishing that less �t� he number of Units projected by the development plan are to be constructed, the'n�m er of Units projected by the Development plan for each Area shall be utilized for all _ib i After approval of a final Development U plan or recording of a plat establishing'tK'aarent number of Units are to be constructed, said different number of Units shallutilized for all Q purposes under this Declaration.' Section 17. No Amendment Pertaining to Surface Water Management System. Any Amendment proposed to this Declaration which would affect the surface water management system, conservation areas or water management portions of Common Areas shall be submitted to the South Florida Water Management District for review prior to finalization of the Amendment. The South Florida Water Management District shall determine if the proposed Amendment will require a modification of the environmental resource or surface water management permit. If a permit modification is necessary, the modification must be approved by the South Florida Water Management District prior to the Amendment of the Declaration. Section 18. Surface Water Management. No Owner or any other person or entity other than Declarant shall do anything to adversely affect the surface water management and drainage of the Property without the prior written approval of the Community Association and any controlling governmental authority, including but not 5095681-2 30 Packet Pg. 287 OR: 3649 PG: 3415 limited to the excavation or filling in of any lake or canal, or the changing of the elevation of any portion of the Property, provided the foregoing shall not be deemed to prohibit or restrict the initial construction of improvements upon the Property by Declarant or by the developer of any portion of the Property in accordance with permits issued by controlling governmental authorities. in particular, no Owner other than Declarant shall install any landscaping or place any fill on a Lot which would adversely affect the drainage of any contiguous Lot. Section 19. South Florida Water Management District Permit. The Environmental Resource or Surface Water Management Permit is made a part of this Declaration and attached hereto as Exhibit B. Copies of the permit and any future permit actions of the South Florida Water Management District shall be maintained by the Registered Agent of the Community Association for.the benefit of the Community Association. Section .20. LONG TERM DEVELOPMENT. SOME AREAS OF THE PROPERTY, MA Y BE UNDER DEVELOPMENT FOR AN EXTENDED TIME. INCIDENT, DEVELOPMENT PROCESS, THE QUIET ENJOYMENT OF THE PROPERTY', BE UNAVOIDABLY INTERFERED WITH TO SOME EXTENT BY THE CONSTRt$CTl OPERATIONS, FROM TIME TO TIME, DECLARANT, BUILDERS AN f2 MAY PRESENT TO THE PUBLIC, CERTAIN RENDERINGS, PLANS AND MOp.4S,66HOWING POSSIBLE FUTURE DEVELOPMENT OF THE PROPERTY. DECLARANT. DOES NOT WARRANT IN ANY WAY THE SCHEMES IN THESE RENDERINGS: PLANS OR MODELS OR HOW THE FUTURE IMPROVEMENTS WILL; TUALLY BE DEVELOPED. ANY SUCH RENDERINGS, PLANS OR MODELS ARE PRIRILY THEMATIC AND IN NO WAY REPRESENT A GUARANTEED' FINAL DEVEL0_P'MFNT PLAN FOR THE PROPERTY. ,: Section 21. Hurricane Prcta'redness. It shall be the responsibility of the ca Community Association to establi h ap&maintain an educational program for hurricane N preparedness. The program must;,1t, imum, consist of annually describing to the to residents the ri$ks of hurricane hazaipbs, n d,actions to mitigate the dangers that these c hazards presents. c `. Section 22. Treated Effluent. ThaZeJAeir, nt has entered or will enter into an N N agreement Community Resource Services, an _ art effluent supplier, for the use of a treated sewage of effluent within the proje' .. Joe,, i�pgation purposes throughout the subdivision, including all Common Areas, neighti%rtio common areas, lots, units and o condominium common element properties. Thepe rant shall be responsible for ~ providing all on -site piping and pumping facilities•._m the point of delivery to the project, and negotiate with the effluent supplier to provid iuq or partial on -site storage O facilities, as required by the Florida Department of Envirb r4 taI Protection consistent with the volume of treated wastewater to be utilized. All- thin the Property, by r the act of purchasing, are deemed to have irrevocably cons nt ' tq the irrigation of the E Common Areas and Lots with treated effluent, provided that' e#1 ', nt emanated from 1(0f U r an approved treatment plant with a current operating permit fr6rr�: State of Florida, Q Department of Environmental Protection, or other such agency With The' cost of such treated effluent and all administration, operationafl maintenance and support costs related to it, are expenses of the Community Association. Section 22. Water Supply, Wells: Water Rights. Each Unit shall be equipped with dual water line's, one of which shall be designated to utilize non -potable water. All underground irrigation systems must be connected to the non -potable water line and all outside spigots' must be connected to the potable water line. Each Owner shall be required to connect the water lines on his Lot to the lines of the utility provider(s) providing service to the Property. No Owner may install or operate a private well. The Declarant, its successors or assignors, shall have the exclusive right to develop and utilize the grouhd and surface water resources of the Property for any legal purpose, including the transport and use of such waters beyond the Property, and the conveyance of any Lot or Unit by Declarant does not include the right to develop or utilize any ground water or sub -surface water resources without such Lot or Unit. 5095681-2 31 Packet Pg. 288 OR: 3649 PG: 3416 ARTICLE XI USE RESTRICTIONS Section 1. The Property may be used for those purposes provided in the Development plan. Declarant reserves the right and the power to assign and reassign various land uses within the Property in accordance with the Development plan, or any amendments thereto, and where reasonably necessary and advisable, to inaugurate and implement variations from, modifications to, or amendments of the Development plan and any other governmental plans, land development regulations, development orders and development permits applicable to the Property, so long as Declarant maintains and preserves the overall general scheme of the Property. Section 2. Subdivision and Regulation of Property. No Lot or Unit may be divided or aubd ided without the express written consent of the Declarant. No Owner or Neighbo Association shall initiate, undertake or attempt to inaugurate or implement any. Zrriation from. modification to, or amendment of the Development plan yrii ' ental plans, land development regulation, development orders or or any other'6 development perm' livable to the Property, or to any Lot, tractor parcel without the prior written approval aj. leclarant which approval may be denied at the sole discretion of Declarant. Nothing herein is intended to prohibit judicial partition of a Lot or Unit owned by two or more peg//60s. Section 3. Surface Water Management Systems: Lakes: and Wet Retention Ponds. The Community Assq at�n shall be responsible for maintenance of all surface water managerfient systems, It es, canals, lakes, and water retention ponds in the Property. All surface water maRa'pbgnt systems the community, will be the ultimate responsibility df the Communit` -A�sbciation, which may enter any lot, tract or neighborhood common area and `critke.hatever alterations, improvements or repairs that are deemed necessary to providor restore property water management. The cost shall be an expense of the CommunityXss cation. Nothing in this Section shall be construed to allow any person to construupYa}r new water management facility, or to alter any storm management systems or gpr9s`_9 Wion areas, without first obtaining the necessary permits from all governmental agencigs'Vving jurisdiction. (A) No structure of any kind (icing,docks) shall be constructed or c erected in or on, nor shall an owner or `t¢e}g15rhood Association in any way M change, alter, impede, revise or otherwise ' t ere with the flow or volume of water in,;any portion of any water management area i eluding, but not limited to lakes, ponds, swales, drainage ways, or wet rete(�tiQr� ponds or areas intended r for the accumulation of runoff waters, without the-sieFific written permission of m the Declarant. � E U (8) No Owner, Neighborhood Association ..4rh r person shall r unreasonably deny or prevent access to water managegpnt areas for• Q maintenance, repair, or landscaping purposes by Declaf4Rt=the Community Association, or any appropriate governmental agency that may reasonably require access. Non-exclusive easements therefore are hereby specifically t reserved and created. 2 (C) No Lot, Tract, Parcel or Neighborhood Common Area shall be increased in size by filling in any lake, pond or other water retention or drainage areas which it abuts. No person shall fill, dike, rip -rap, block, divert or change the established water retention and drainage areas that have been or may be created without the prior written consent of the Declarant. No person other than the Declarant may draw water for irrigation or other purposes from any lake, pond or other water management area, nor is any boating, fishing, swimming, or wading in such areas allowed. (D) All Stormwater Management Systems and Conservation Areas, excluding those areas (if any) maintained by Collier County, will be the ultimate 5095681-2 32 Packet Pg. 289 OR: 3649 PG: 3417 responsibility of Community Association. The Community Association may enter any Lot,' Tract, Parcel or Neighborhood Common Area and make whatever alterations, improvements or repairs are deemed necessary to provide, maintain, or restore proper surface water management. The cost shall be an expense of Community Association. NO PERSON MAY REMOVE NATIVE VEGETATION THAT MAY BECOME ESTABLISHED WITHIN THE CONSERVATION AREAS. "REMOVAL" INCLUDES DREDGING, APPLICATION OF HERBICIDE, PULLING AND CUTTING. (E) Nothing in this Section shall be construed to allow any person to construct any new water management facility, or to alter any Stormwater Management Systems or Conservation Areas, without first obtaining the necessary permits from all governmental agencies having jurisdiction, including South Florida Water Management District, and the Declarant, its successors and Q assigns. LOTS MAY 'VJONTAIN OR ABUT CONSERVATION AREAS, WHICH ARE v PROTECT E ER RECORDED CONSERVATION EASEMENTS. THESE AREAS MAY NOT 6S, 'ALt-RED FROM THEIR PRESENT CONDITIONS EXCEPT IN o ACCORDANCE` :_Wy', THE RESTORATION PROGRAM INCLUDED IN THE CONSERVATION ,WWENT, OR TO REMOVE EXOTIC OR NUISANCE V VEGETATION,' INCEUDING WITHOUT LIMITATION MELALEUCA, BRAZILIAN °a PEPPER, AUSTRALIAN,P JAPANESE CLIMBING FERN, CATTAILS, PRIMROSE WILLOW, AND GRAPE, E. PROPERTY OWNERS ARE RESPONSIBLE FOR �}, PERPETUAL MAINTENADQCE.O SIGNAGE REQUIRED BY THE PERMIT ISSUED � f° 'c BY SOUTH FLORIDA WA . NAGEMENT DISTRICT, WHICH MAINTENANCE _ WILL BE MAINTAINED TQ� H>E GREATEST DEGREE LAWFUL BY THE COMMUNITY AssOCIATION. •' .,�., y > `. LO Section 4. Conservation Brfears.., The Community Association shall be cNo responsible for the maintenance and, gulatpry compliance of all Conservation Areas, o regardless of where located, in acco c & with rules, regulations and permitting requirements set forth by the County and, of permitting including the South c N agencies, Florida Water Management District. No ` er all undertake or erform an activi ,wor P Y ty 0 . in Conservation Areas described in the approve � rmits and plats of the Community, J a or remove native vegetation that becomes astdbliaadi6d within the Conservation Areas. Prohibited activities within Conservation Areas ind utr - —" removal of native vegetation, c excavation, placement or dumping of soil, trash orlapd�cl� aring debris, and construction Cl) or maintenanceof any building, Unit or other structure. � Removal of native vegetation" v includes dredging, application of herbicides, and cutting... Section 5. Open Space. Any land subjedteck-t his Declaration and designated as :open space, landscape buffer, preserve ara,: onservation Area or E words of similar import on any plat, declaration of covenanter � tractions, site plan, U permit or other document shall be preserved and maintained byAhl ner of such land as open space: If such land or an easement over such land has ben conveyed or • Q dedicated to the Community Association or to a Neighborhood -Association, the Community Association or Neighborhood Association shall preserve and maintain such land. No development may occur on such land except structures or improvements which promote the use and enjoyment of the land for open space purposes. 'Section 6. Unit Maintenance. Each Lot Owner shall be responsible for maintaining and repairing the Unit and all other improvements situated on his Lot in a clean, sanitary, neat, safe and orderly condition. Each Lot Owner shall be responsible for the maintenance, replacement or repair of all doors, exterior walls and all other portions of his Unit and shall also be responsible to keep the paint on the exterior walls of the Unit and the roof in a good state of repair. It will also be the duty of each Lot Owner to maintain in good repair the driveway servicing his Lot. If any Lot Owner breaches these covenants, the Community Association may enforce these covenants in accordance with the provisions of this Declaration. Section 7. Lawn Maintenance. It shall be the duty of the Community 5095681-2 33 Packet Pg. 290 OR: 3649 PG: 3418 Association to maintain and cut the grass located on the Lot Owner's Lot, the cost of such grass maintenance on the Lot Owner's property being assumed by the Community Association for the benefit of the entire Property as if same were Common Property, and such costs being considered with the budget as part of grounds' maintenance. The Lot Owner shall not plant any trees or shrubbery on his Lot without first obtaining the prior written consent of the Community Association. The Community Association is hereby granted an easement over and across the Lot Owner's Lot for the purpose of maintaining and cutting the grass, and the Lot Owner shall not place any obstruction, fence, wall, tree or shrubbery on such ground without the consent of the Community Association, the said consent being conditioned on the Community Association having free access to the property for the purpose of maintaining and cutting the grass. Section 8. Irrigation. It shall be the duty of the Community Association to a maintain the irrigation system. Said irrigation system will run both on Lots and Common Q- Q Property. The cost of such maintenance of the irrigation system on a Lot being assumed by the I9ommunity Association for the benefit of the entire Property as if same ' were Comma Eb�rop erty, and such costs being considered with the budget as part of v grounds' mainterAnce. The Community Association is hereby granted an easement over and across of Owner's Lot for the purpose of maintaining the irrigation system, anVbw.ner ttte shall not place any obstruction, fence, wall, tree or o v shrubberyover the irri ti ggaa � system without the consent of the Community Association. A Lot Owner shall befesponsible for any damage done to the irrigation system, whether_ on the Owner's Lot or ° th ommon Property, caused by Owner, any member of o Owner's family,' guests; vitees, tenants, contractors, workers or agents of Owner. Furthermore, an Owner ; ay not, reconfigure the irrigation system in any manner, .5 includingbut not limited to any y;' rig5tion lines, pipes and heads. � Section 9. Sidewalks. De&riint may construct sidewalks in various locations within Valencia Golf and Count' 14.'\ Driveway cuts and the construction of the N driveways must be done in accoh.beith plans and specifications approved by to Declarant. Section 10. Litter. In order to presef}e beauty of Valencia Golf and Country 0 N Club, no garbage, trash, refuse or rubbish sWt' ' eposited, dumped or kept within the J Community except in closed containers, dumpste or other garbage collection facilities rL deemed suitable by the Board of Directors, or,.n`pf�ppr-sized, closed plastic bags for curbside pickup as required. All containers, dump. ers. and other garbage collection o facilities shall be screened from view, kept in a cl4i� on rtion, and without noxious or M offensive odors emanating. v Section 10. Walls: Fences: Hedges, etc. UnlC,, pproved in writing by Declarant, no wa 1, fence, hedge, or other divider shall be ses rugted or maintained on any adjoining Lot or Neighborhood Common Area, it being t�p.e press intent that no fences, walls or dividers shall be permitted on any Lot or Nelghbbrp ' Common Area which abuts lal es, preserve areas, streets or roads unless th0'Br1 c a(rt so approves. Hedges, constructed of shrubbery or other suitable vegetation, may'b'e approved but only in those situations where back to back lots or homesites sg-retT lest and are approved. Any dispute as to height, length, type, design, composition or material shall be resolved by3the Community Association's Board of Directors, whose decision shall be final. Approval may not be given for the construction of any wall, fence or hedge which materially interferes with the water view or Golf Course view of any Lot or Living Unit. ' Section 12. Driveways and Parking Areas. Driveways and parking areas must be paved with concrete, paver blocks, or another hard surface approved by Declarant. Maintenance and repair of all driveways, parking and other paved parking facilities (except driveways serving only one single family home) shall be the responsibility of the Community Association (if located in the Common Areas) or the responsibility of the Neighborhood Association (if located in a Neighborhood Common Area). Driveways must be kept clean and free from excessive oil, rust or other unsightly stains. Section 13. Color. No exterior colors on any structure shall be permitted that, in 5095681-2 34 Packet Pg. 291 OR: 3649 k: 3419 the judgment of the ARC or Declarant, would be inharmonious, discordant or incongruous with the Community or a particular Neighborhood. The initial exterior color and design of structures shall be as approved by Declarant, and any later changes must be approved by the ARC. Section 14. Underground Utilities. No lines or wires for communication or the transmission of current shall be constructed, or placed, or permitted to be placed within the Common Areas unless the same shall be protected cables; all such lines or wires which are not located in buildings shall be constructed or placed and maintained underground, unless otherwise approved in writing by Declarant. No water pipe, gas pipe, sewer pipe, drainage pipe or storage tank shall be installed or maintained above the surface of the ground, except hoses and movable pipes used for irrigation purposes. ar Section 15. Temporary Factory -Built or Existing Structures. No structure of any CL 0 kind of what is commonly known as "factory -built", "modular", or "mobile home" type construction shaP be erected without the prior written permission of Declarant. No tent, < � trailer or to structure other than those used by Declarant for construction and c) sales activi J Woe permitted unless its size, appearance and temporary location on � the Lot have f rsi 'tpee approved by the Architectural Review Committee. c o e, Section 16. A' as and Flagpoles. No outside television, radio, or other C) electronic towers, arkals, antennae, satellite dishes or device of any type for the °a reception or transmission ' f radio or television broadcasts or other means of o communication shall l errea er be erected, constructed, placed or permitted to remain 0 on any Lot or Tract or up n any- jmprovements thereon, unless expressly approved in f° writing by the Architecturalr,"FildvidW Committee, except that this prohibition shall not = apply to those antennae spin ffik ly',povered by 47 C.F.R. Part 1, Subpart S, Section 1.4000, as amended, promulgated under the federal Telecommunications Act of 1996, > as amended from time to time. ,We,gmmunity Association shall be empowered to adopt rules governing the types of anten�li ae, restrictions relating to safety, location and � maintenance of antennae. The C¢mm4gity Association may adopt and enforce o reasonable rules limiting installation of h� able dishes or antennae to side or rear yard locations, not visible from the strek or•„eighboring properties, and integrated with N the Living Unit and surrounding landscap'eextent that reception of an acceptable �,. c signal would not be unlawfully impaired by soar es. Antennae shall be installed in a compliance with all federal, state and local la�.regulations, including zoning, land - use and building regulations. A portable flagpoli'Jf r May of the American Flag only, c may be permitted if its design and location ar6 ,Vst lapproved by the Community M Association. An approved flagpole shall not be :is to mount an antenna. This v provision is intended to protect residents from unreasonabl ' interference with television reception, electronic devices, and the operation of (hop)e appliances, which is sometimes caused by the operation of ham radios, CB-1iase stations or other high- � powered broadcrasting equipment. This Section 5.16 shall ho(ap y to the Declarant. E Section 17. Trucks: Commercial Vehicles; Recrea icy ')- ehicles• Motor t 0 Homes; Mobile Homes: Boats; Campers,• Trailers and Other Vehicles: Q -,- Motor Vehicles: Parking. No motor vehicle (which by definition inc ui des "motorcycles") shall be parked anywhere on the property except on an individual driveway or within a garage. No commercial trucks, or vehicles which are primarily used for commercial purposes, other' than service vehicles temporarily present on business, nor any trailers, CU Q may be parked' on community property, unless fully enclosed within a garage. Boats, boat trailers, trailers, semi -trailers, house trailers, campers, travel trailers, mobile homes, motor homes, recreational vehicles, and the like, and any vehicles not in operable condition or validly licensed, may not be kept within the community unless fully enclosed within' a garage. For the purpose of the foregoing sentence, the term "kept" shall mean present for either a period of six (6) consecutive hours or overnight, whichever is less. (A) "Commercial Vehicles" means all vehicles of every kind whatsoever, which from viewing the exterior of the commercial markings, signs, displays, equipment, inventory, apparatus or otherwise indicates a commercial 5095681-2 35 Packet Pg. 292 OR: 3649 PG: 3420 use. (B) "Trucks" means any motor vehicle which is designed or used principally for the carnage of goods and includes a motor vehicle to which has been added a cabinet box, a bed, a platform, a rack, or other equipment for the - purpose of carrying goods other than the personal effects of the passengers, whether or not said cabinet box, bed, platform or rack has been enclosed by a cap, "topper" or other enclosure. This shall specifically include "pickup trucks", "EI Caminos", "Rancheros" and like vehicles but shall not include passenger and like vans (provided same are not "commercial" vehicles, as defined above) similar to those currently marketed under the following manufacturers name plates: Dodge Caravan, Plymouth Voyager, Chevrolet Astro, Ford Aerostar and all other vehicles of similar design and custom passenger vans. The term truck a shall not include "Jeeps" if same do not have a cabinet box, bed, platform, box or 0 rack, as described above and if same are not "non -passenger" vehicles, as describe' below) such as Ford Broncos, Chevrolet Blazers, Jeep Wagoneers, < Jeeph , ro ees and the like. U �C oats" means anything manufactured, designed, marketed or used as a craftvaater flotation, capable of carrying one or more persons, or personal propect' ,"nd shall include wave -runners. �o Ca (d) "Carrmpe means all vehicles, vehicle attachments, vehicle c toppers, "trailers"" or ' other enclosures or devices of any kind whatsoever, manufactured, d gned; ,marketed or used for the purpose of camping, f° recreation or tempora dl mg of people or their personal property. c 2 (E) "Trailers" m4ng any vehicles or devices of any kind whatsoever > which are manufactured,d�sigpO'd, marketed or used to be coupled to or drawn by a motor vehicle.; ., N to (F) "Mobile Homes" 66 _ any structure or device of any kind o which is transportable as a whole or whatsoever, which is not self-pro�.,�'es"d, N abut in sections, which is manufacture marketed or used as a permanent N dwelling. a. (G) "Motorcycle" means any motor vehicle on two or three wheels r propelled by an engine and shall include' '":'s', motor scooters, motorcycles, and mopeds powered by engines. v (H) "Motor Homes" or "Recreational Veh(c—le" )neans any vehicles which are self- propelled, built on a motor vehicle cfra4 d which are primarily 'I Wary manufactured, designed, marketed or used to pr( p living quarters E for camping, recreational or travel use. Vehicles sai th foregoing criteria and which contain shower facilities, restroom facilities; ;aQ�'f IE cooking facilities shall be considered motor homes. ! Q (1) No vehicle which is not currently licensed or cannot operate on its W own power shall remain on the premises for more than twenty-four (24) hours. As used in this section, the term licensed shall mean that the vehicle displays, at all times, a license plate or license tag to which is affixed a sticker indicating that Q the vehicle is currently registered with the State of Florida or other state as the case maY be. A vehicle which has not been moved from the same spot for seven (7) consecutive days shall be presumed to be unable to operate on its own power. (J) A speed limit of twenty (20) miles per hour shall apply throughout the Community. Unnecessary vehicle noises are to be avoided within the grounds.` (K) Vehicle maintenance is not permitted within the Community except in garages. For purposes of this section, vehicle maintenance shall include, but i 5095681-2 36 Packet Pg. 293 OR: 3649 PG: 3421 not be limited to, changing of oil and other fluids, engine maintenance or repair, body maintenance or repair. Cleaning the exterior and interior of the vehicle, waxing and checking fluid levels is permissible. Emergency repairs to vehicles such as changing a flat tire is allowed. The Board of Directors of the Community Association is authorized to order the towing of any vehicle (at said vehicle owner's expense) for a violation of this Section. Section 18. Outdoor Equipment. No above ground swimming pools and oil tanks are permitted. All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool and spa equipment and housing and sprinkler pumps and other such outdoor equipment must be underground, or placed in areas not readily visible from a adjacent streets, or adequate landscaping must be used as screening around these Q. facilities and maintained by the owner or Neighborhood Association. Q Sectlo 1 . > Clothes Drying Area. No outdoor clothes drying area shall be v allowed. : r Section 20 in . All exterior lighting of structures or landscaping shall be o accomplished in acc000ce with plans approved in writing by Declarant. Except as v may be initially insured or approved by Declarant, no spotlights, floodlights or similar °a high intensity lighting shall j)e laced or utilized upon any Lot which in any way will allow c light to be reflected on;other Lot or the improvements thereon, or upon any 0 Common Areas or any pal thereof, without the approval of the Community Association. f° Other types of low intensity lageelh,4 including normal and customary Christmas or other c holiday decorations, which do.LMf uhreasonably disturb other owners or occupants of the Community; shall be allowed. j.. > .� �LO Section 21. Air Conditioner`-lV"ll, or window air conditioning or heating units N ca are not permitted. Section 22. Solar Collectors: Roof t& Solar collectors, roof vents and other 0 N installations on the roofs of structures, sfi'a6 ..e;�rmitted only at locations approved in o writing by Declarant or the ARC, and may be gired to be screened from view by a landscaping or other suitable visual barrier. Section 23. Signs. During the time period `.P60 rant owns any Lot within the Property, no sign of any kind shall be displayed 6-th. , ublic view on any Lot, except v those approved by the Board of Directors of the Commun' Association to be placed at a site within the Lot or Unit approved by the Board :o(DEr�ctors of the Community Association and except signs used by the Declarant to adv�rti the Property during the construction and sale of Units.. E Section 24. Units: Residential Use. Each Unit shall barns s a single family U residence and for no other purpose. No business or commercial /aptivity shall be • Q conducted in or from any Unit, nor may the address or location of it be publicly advertised as the location of any business or commercial activi . Notwithstanding however, neither the listing on any occupational license or the listing within any telephone directory of the Unit serving as a business address shall be dispositive of the CU property being used as for commercial or business purposes. Any owner may use Q his/het residence for incidental commercial purposes, so long as (1) property is not used for manufacturing, construction or installation of materials sold or advertised to be sold, whether retail or wholesale customers; (2) the nature of the business activity does not invite or permit suppliers, customers or vendors to visit or frequent the Unit, even on isolated occasions; (3) the business activity within the Unit is limited to telephone calls and written correspondence in and from the Unit; and (4) no employees or contractors, other than those who regularly reside within the Unit may perform any work or other services to the business at the Unit. This restriction shall further not be construed to prohibit any owner from maintaining a personal or professional library, from keeping personal, business or professional records in his Unit, or from handling personal, business or professional telephone calls and written correspondence in and from his 5095681-2 37 Packet Pg. 294 OR; 3649 PG; 342Z Unit. Such uses are expressly declared customarily incident to residential use. Section 25. Pets and Animals. No livestock or poultry shall be kept, maintained, or bred in any Unit or elsewhere within the Property, except for fish in an aquarium and binds in cages maintained in the interior of the Home and not more than a total of two (2) domestic dogs (other than pit bull dogs or other dogs which in the reasonable determination of the Board of Directors are determined to be a threat to the safety of the occupants of the Property which shall not be allowed under any circumstances in the Property) or two (2) domestic cats shall be permitted to be maintained in the Property, provided such animals are not kept, bred or raised for commercial purposes. Notwithstanding the foregoing, the Board of Directors shall specifically have the power to either permit additional domestic dogs or cats to be kept as pets by an Owner if in the determination of the Board such pets shall not cause or be deemed by the. Board of Directors to constitute a nuisance to any other Owner in the a determination of the Board of Directors. Each person bringing or keeping a pet within Q the Property .sh II be absolutely liable to other Owners and their invitees for any damage to.,, o s or property caused by any pet brought upon or kept upon the -0 v Property by .su�,plp rson or by members of his or her family, his or her guests or invitees and it §Wb4 the duty and responsibility of each such Owner to clean up after such animals v;r#iic. ;fie deposited droppings or otherwise used any portion of the 0 Project or public street: -.;butting or visible from the Property. Animals belonging to L) Owners or invitees* `d any Owner must be kept within an enclosure or, on a leash held Ca by a person capable of -cone (ling the animal. The Corporation shall have the right to c promulgate Rules and Re lations relating to animals, and the right to restrict, under C9 such Rules and Regulat" ns any animals determined by the Board to constitute a 5 nuisance. (" , Section 26. Nuisances <L040ib.ing may or shall be done which is, or may > become, a source of unreasari `tiieannoyance or nuisance to residents of any this Section be Neighborhood. Any question wit ,to the interpretation of shalt to decided by the Declarant so long- awns any property in the Community and thereafter by the Community Associa i4r J se decision shall be final. c Section 27. Correction of Healtti/a `S a Hazards. Any Conditions on the N N physical property which are reasonably cfeoeO4y the Board of Directors to be an —J immediate hazard to the public health or s � fri be corrected as an emergency a V, matter by the Community Association, and th cpthereof shall be charged to the c responsible owner or Community Association. M cm Section 28. Assignment of Approval Rights. At such time as neither Declarant 0 nor any subsequent developer hold any Lots or Units jn(thgPommunity for sale in the ordinary course of business, or at such earlier time as-geclarant may determine, all rights of Declarant to approve or disapprove any constructjg, al, ration or other aspect `. E of the appearance of the physical property in the Communi " I aetomatically devolve U upon and be deemed assigned to the ARC. At that same time _0l'ot r approval powers of the Declarant shall automatically devolve upon and be assigKeto the Board of, Q Directors of the 'Community Association.-�-= Section 29. Declarant's Exculpation. The Declarant or any builder may grant, withhold or deny its permission or approval in any instance where its permission or approval is permitted or required, without any liability of any nature or kind to any owner or Community Association or any other person for any reason whatsoever, and any permission or approval granted shall be binding upon all persons. The use restrictions of this Section 5 shall not apply to any property owned by a Developer prior to its conveyance to an owner other than a Developer. Section 30. Leasing of Units. No Unit may be leased or rented for a period of less than one hundred eighty (180) consecutive days. A Neighborhood Declaration may establish stricte'rstandards for particular Neighborhoods. THE DECLARANT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FINANCIAL FEASIBILITY OF RENTING UNITS OR THE INCOME 5095681-2 38 Packet Pg. 295 OR: 3649 PG: 3423 TO BE DERIVED THEREFROM. ANY OWNER WHO DESIRES OR INTENDS TO RENT A UNIT MUST INDEPENDENTLY DETERMINE AND ASSUME RESPONSIBILITY FOR THE FEASIBILITY OF RENTING, AND SHOULD CONSULT HIS OR HER OWN ADVISOR WITH RESPECT TO THE TAX CONSEQUENCES AND ECONOMIC AND ADVANTAGE OF OWNERSHIP. Section 31. Waiver and Disclaimer Regarding Golf Course. Each Owner of a Lot or Unit, by acceptance of a deed therefore, whether or not is shall be so expressed in such deed, is hereby deemed to acknowledged and accept the following inherent risks associated with the Golf Course: (1) maintenance on the Golf Course may begin early in the morning and extend late into the evening, ordinarily occurring from sunrise to sunset; (2) during certain periods of the year, the Golf Course will be heavily fertilized; ( e,maintenance of the Golf Course may require the use of chemicals and pesticides, (4) the Ciiourse may be watered with reclaimed water; (5) golf balls�r not susceptible of being easily controlled and accordingly may enter Owner's air0a` , strike Owner, Owner's guest, yard, walls, roof, windows, landscaping and personal.' roperty causing personal injury and property damage; and (6) the Golf CtiuVbill consist of roughs, natural areas and other golf course ancillary properties whic ikl)t a maintained by the owner/operator of the golf course. The level of maintenanC; nFkuding the nature of mowing, pruning, trimming and other care shall be determined.,sglely the Golf Course owner/operator, and (7) noise caused by golfe,91 c N N The Declarant, the CDD, the operator of, 1,pd46.and its members (in their capacity as e members), the developer and any successor in to the golf course, and any agents, a servants, employees, directors, officers AaaffdiAes, representatives, receivers, subsidiaries, predecessors, successors and `'aspi$i-s\of any such party ("Released c Parties"), shall. not in any way be responsiW 'W ny claims, damages, losses, demands, liabilities, obligations, actions or causesi-9r action whatsoever, including, without limitation, actions based on (a) any invasion of the Lot owner's use or enjoyment of the Lot, (b) improper design of the golf course, (c) �6eJevel of skill of any golfer (regardless of whether such golfer has the permission ot'Atie_'management to use the golf course), or (d) trespass by any golfer on the Lot, that mm�� r�ess�,It in property damage E or personal injury from golf balls (regardless of number)_:Tiit'o ,the Lot or Unit or U adjacent roadways, or from the exercise by any golfer of the easeets granted herein. r Furthermore, each Owner of a Lot or Unit hereby assumes the risrent in owning property adjacent to or nearby a golf course, including, without imitation, the risk of personal injury and property damage from errant golf balls, and hereby indemnifies and agrees to hold the Declarant, the Community Association, the Master Association, any Neighborhood 'Association, Trustee and the owner of the Golf Course Property harmless from any and all loss arising from claims by such Owner, or persons using or visiting such Owner's Lot, for any personal injury or property damage. Section 32. THE COMMUNITY ASSOCIATION AND THE NON -DECLARANT MEMBERS ARE OBLIGATED TO ACCEPT THE COMMON AREAS AND FACILITIES, IN THEIR "AS IS" CONDITION, WITHOUT RECOURSE, WHEN CONVEYED TO THE COMMUNITY ASSOCIATION BY THE DECLARANT. THE DECLARANT MAKE NO REPRESENTATIONS, AND TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN LAW OR IN FACT, WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, REPRESENTATION OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR 5095681-2 39 Packet Pg. 296 OR. 3649 PG: 3424 3.C.h PURPOSE, AND REPRESENTATIONS OR WARRANTIES REGARDING THE CONSTRUCTION, DESIGN, ADEQUACY OF SIZE OR CAPACITY IN RELATION TO THE UTILIZATION, DATE OF COMPLETION OR THE FUTURE ECONOMIC PERFORMANCE OR OPERATIONS OF, OR THE MATERIALS, FURNITURE OR EQUIPMENT WHICH WILL BE USED IN, THE COMMON AREAS AND FACILITIES. AT THE TIME OF CONVEYANCE, DECLARANT SHALL TRANSFER OR ASSIGN TO THE COMMUNITY ASSOCIATION, WITHOUT RECOURSE, ALL EXISTING WARRANTIES IT RECEIVED FROM MANUFACTURERS AND SUPPLIERS RELATING TO ANY OF THE FACILITIES WHICH ARE ASSIGNABLE. Section 33. Sales Activity. While one or more Lots or Units are for sale in the ordinary course of business, the Declarant shall have the right to use those Lots or Units and the Common Areas or Neighborhood common areas (including, but not limited to, all recreational facilities) to establish, modify, maintain and utilize, as it and they deem appropriate, model Units, sales offices, or other offices for use in selling or providing warraro services to any part of the Property including temporary trailers or other structu 9. used for sales marketing, or construction purposes. No Owner or Neighboriload )dsopation may interfere with, or do anything detrimental to, the Declarant's sale effcctts. Without limited the generality of the foregoing, the Declarant and its designees ay show model Units or the Common Areas to prospective purchasers or tenant", dyertise, erect signs, conduct promotional activities and special events, and take ailto her action helpful for sales, leases and promotion of the Property. Section 34. Oran etree Declaration. THE PROPERTY IS SUBJECT TO THE DECLARATION OF COV , ANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF ❑RANGETREE RECORl�IFD ` N OFFICIAL RECORDS BOOK 1310. PAGE 1536 S OF THE PUBLIC RECORDS COUNTY, FLORIDA (-ORANGETREE DELCARATION"). A COPY dF',TfIE-ORANGETREE DECLARATION IS ATTACHED HERETO AS EXHIBIT C. HE pRANGETREE DECLARATION REQUIRES PAYMENT OF ASSESSMENTS ��yS M RE PARTICULARALY DESCRIBED IN THE ORANGETREE DECLARATION. J� IN WITNESS WHEREOF, the 6eclnt has executed this Declaration on this day of July, 2004. 1. 1).R..I#5rtcK)jnc., a Delaware corporation, a Delau4F"rporation, e y Signed, sealed and delivered in the presence -of: STATE OF FLORIDA COUNTY OF BROWARD By: Paul Roman6sf , Vice -President 1� 'The foregoing instrument was acknowledged before me this day of .dM,2004 by Paul Romanowski, as Vice -President of D.R. Horton, Inc., a Delaware corporation, on behalf of said Corporation. Said Paul Romanowski is personally known tome and/or has produced a L as identification. My Commission Expires ' M" � WM a rocs swroeonr icor r w MAWVa WC Name: Notary Public, State of Florida At Large 0 M N 5095681-2 40 Packet Pg. 297 OR; 3649 PG; 3425 T:1\conbnen dr horton\NM7\documenftDedaration of covenants (dean) 07-22-04.doc 0 f.. U % �\ N 0 0 04 N N d M d c u a 5095681-2 41 Packet Pg. 298 OR: 3649 PG: 3426 Lots 1 through 142. Valencia Golf and Country Club, Phase 1, according to the Plat thereof, as recorded in Plat Book 40. Pages 33 through 39. inclusive, of the Public Records of Collier County, Florida; and Tracts "A" and "C", Valencia Golf and Country Club, Phase "ecording to the Plat thereof, as recorded in Plat Book 40, Pates 33 through 39, inclusive, of the Public Records of Copier ounty, Florida, k 1 f i L�p'telb(� AhvIL�'FiiiCY171d[rT+�l[c#ii❑I i [0 tltCArdGprv�yn/j'�W 1` r '. r � EXHIBIT "A" Packet Pg. 299 ix , ,s r L --040 ruilly SOUTH FLORIDA WATIER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO.11-0041ii-S DATE ISSUED. April 30, 2004 Farm 4110941 JJ Gaw PERMFTTEE. ORANGETRI E ASSOCIATES $000 ORAMGE GROVE TRAIL NAPLES, FL 34120 PROJECT DESCRIPTION: This cpp(ication is a request for a General Permit Madificatian authorizinc Con-tz-uctlan and Operation of a surface water management aystem set'ving a 50.1 e r-era res1dontial subdlvlsion known as Valenta Lakes Golf and Cour'ry Club Phase 1-A, part of a 2,378 acre site known as Orange Tree residential dovela ment with th a discheroe Into waters of the Gulf of Mexico via the Golden Gate Cagnal via the � vxlZ%1ng Swims. PROJECT LUCaYFOi�= ' .;Ct7LLISR COUNT', SEC 23 TWP 48S RGE 27E v PERMIT DURATION: ,,-/Sd'o Special Cond€don Nast. See attached Rule 40E4.321, Florida Admjr�stra iva Cute, o U 06 ZWs b to nodfii you of tha Cistrials agent: ction oonceming Notice of Intent for Permit Application NO Ui0334-23, da4�d March 30. 2004. Thou 2c5x is taken pura�rant 10 Rtrl9 dt}G3 end Cnaptor daE-40 Florida Administrative Cade o , (F.A.C.), 0 Bawd on the information provided, oiatrict ru[as fa. been adhered to and an Environmcnisl Resource General Parmi ,� prafxt subjw to: Is in effsd for �hls 1. Not racatving a filed mquast for a chap ocf'12� t;� \a Statutes, adrnfnwrative hearing. R 21 the 2ti2chod 19 General Condloons (Sae4a s� 2 4 of 5 C14 S l 3_ the attaahod 12 Special Conditions (See P&g' , and o J 4. Ct& atkar,�ted 6 I�xhiOrt[s). o c Should you abioa b (hose concilwPle, tstgase refer to the attach "N 9 of Pi which addressea the procodwes to be fa luwbd i1 you desire a puhlf0 rtearinp or other review of the N p N proposed P❑ agenoy aCdflft; �aee conlscI thle omc tf you Rave arty quesdWa 00ncemIng this matter. It we do noE hear trvm you in accordance with E `Nogce d`f Wg{ . '' wiii awurne that you concur with the UatticrQ action, d CERTIFICATI± R V I C E c I HERESY CERTIFY that a "Notice of Rights' has been majfed D' the Permlttee (anti the persons listed in the v attached distribution list) no later than 5:00 p.m. on this 30th {day pi April, 2004in accordance with Section 120.600). Florida Statutes �? B o G f a ollne Rippe, P.E. .� LoVier Ylrest Coast Service Center Certiflad mail number 7003 1010 0004 2578 2086 c 0 Page 1 of S ` EXHIBIT 111 3 1 1 Packet Pg. 300 3.C.h NOTICE aF F31GHiS Section 120.569(t), Fla. Slat, (1999), requires that `each notice shall inforrn the recipient of any administratve )udtdal review that Is available udder this section, s. 120.57, or s. 120.68: shall Indicate the procedure whfct followed to obtain the hearing or Judicial review, and shall stale the time limits which apply,' Please note that this Rights is not intended to provide logo[ advice. Not all the legal proceedings detailed below may be an apt appropriate remedy. You may wish to consult an attomey regarding your legal rights. Petition for Administrative Proceedings I. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the rigftt to request an administrative hearing on that action. The affected person may, request either a formal or an informal hearing, as set forth below. A point of entry IVt administrative proceedings is governed by Rules 281t. ,1 and 40E-1.5i l . Fia. Admin. Code, (also published,a .. "reption to the Uniform' Rules of Procedure as Rue 4 E-0-109), as set forth below. Petitions are deem lecr.. upon receipt of the original documents by the SFWMP C�rfc. i a• EO—r—rn a —IAdMJQIs1jW1VeHe tf a genuine lssue(s) of material -fact I In dispute, the affected person seeking a formal heart on a SFWMD decision which does or may tsetarrnlri�thelr 'stabstantlai interests shall rile a petition for heating pursu�4t toections 120.589 and 120-57(1), Fla. Slat, or for Meth ion pursuant to Section 120,573, Fla. Stat. within`2'1 d;�ysr except as Provided in subsections c- and d. belo)�t o'f Alher wrttten notice through mail or posting or publickttlon qt ri6tice that the Sf:VNMD has or intends to taka finW,40ericc fiction. polhlons must S 'h'zfQntiall d. Slate a d F VI nrnj%r%1,q1 Pe I : Pursuant to Section 373.427, Fla. Seat_ 40E-1.511(3), Fla. Admin. Codc (also publishe exception to the Uniform Rules of Procedure as F 0.109(2)(c)), a peiiflon objeclIng to the SFWMII action regarding consolidated applicatio Environmental Resource Permits and Use of S Submerged Lands (SLERPS), mull be riled within or the notice of consolidated Intent to grant or c SLERP. Petitions must substantially Comply , requirements of either subsection a. orb. above. P. En7er4'YAulhorizatipn and Ordi A person whose substantial interests are affect( SFWMD Emergency Authorization ano Order, haf to file a petfilon under Sections 120,569. 120,571 120.57(2), Fla. Slat., as provided is) subsections 8. above. However, the person, or the agent of the responsible for causing or contdicuting to the erm conditions shall take whatever action necessary to immediate compliance with the terms of the Erne Authorization and Order. y comply wall the. T ulrert ants f- a er for Emff-11 .r Anion. A Of Rule 28-106.201{2). Fla- Admin- Code. d of coup tre whose substantial interests are affecie(I by a 51 which is attached to this Nolice of Rights. / Order for Emergency Action has a right to file a I �., pursuant to Rules 28-107.005 and 44E 1.61 1- Fla. b. Worm i dminis rai've a if,tf�er�' Code, COPIES of which are attached to this Notice of f are no issues of material fact in dispute, the affected and Section 373.11 g(3). Fla. Stat.. for a hearing c person seeking an informal (tearing on a SFVVMD decis'ta Order. Any subsequent agency action or proposed a which does or may determine their substantial interests -to -to initiate a formal revocation proceeding 5,t shall file a petition for hearing pursuant 10 Sections 120.569 rise rat iy noticed pursuant to 5ectlon g- Delow. and 120.$7(2j, Fla. Stat• or for mediation pursuant to Sec#Jon 120.573, Fla. Stat within 21 days, except as9. EMI S nsi Bvac provided In subsections c, and d. below, of either written aAn ulme e Wrtttd notice through mail or posting or publication of notice that adminisl aUv� com laint to sus he SFWMD issue the SP)NM❑ has or intends to take final agency actlon, t��ra,y, l P mend, revoke, head,arift Petitloni must substantially cornpiy with the requirements be conoucterriri�at corddahe nceewith Sectons t12O.S69 of Rule •28-106.301(2), Fla. Admin. Code, a copy of the 120.57 Fla., seat within 21 days of either written n which is attached to this Notir� of Rights. through mail r pasting or publication of notice that SFWMD has oK irtte d91 to take final agency ac c. 14drni sirgvve Cam 1113 [ and Order: Petitions must substantl4ty comply if a Respondent obJect-S to a SFWMD Administrative of Rule 29-107-004(3),,,-Fta; Admin. Code a copy of Complaint and Order, pursuant to Section 373.119, Fla, which Is attached to this Notice of Rights. Stat- (1997), the person named in she Administrative Complaint and Order may fife a petition (Of a (tearing no later than 14 days after the date such order is served. Petitions Must substantially comply wit, the requirements of archer subsection a. or b. above. 2. Because the administrative +-rearing proc Is designed to formulate final agency action, the films a petition means that the SFWMC)'s final action may different from the position taken by it previou Pef-Soos whose substantial Interests may toe affectad Revise4 Aupust, 2000 a sa. Q� U 3 0 U 06 0 0 ci a� R LO N v 0 0 0 N N 0 N J a ; 0 r- M . c� c, m. r� Q, c a� 0. Q� POOR QUALITY OR Packet Pg. 301 i-er3n r-001-L 3.C.h any such final decision of the SFWMD shall have, DISTRICT COURT vF APPF-AL pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also 8. Pursuant to Section 120,68, Fla. Sty ' published as 'an exception to the Uniform Rules of who is adversely affected by final. SFWMD a, Procedure as Rule 40E-0,109(2)(c)), an additional 21 seek judicial review of the SFW IYS final decisio days from the date of receipt of notice of said decision to a notice of appeal pursuant to Florida Rule of request an administrative hearing. However, the scope of Procedure 9.110 in the Fourth District Court of AF the administrative hearing shall be limited to the the appellate district where a party resides an substantial deviation, second copy of the notice with the SFWMD Clerk 3, Pursuant to Rule 40E-1:511(4), Fla. Admin. days of rendering of the final SFWMD action. Code, substanttlally affected persons entitled to A hearing LAND AND WATER ADJUDICATORy COMMISSION pursuant to Section 120,57(1), Fla, Stall., may waive their 9. A party to a "proceeding below', rr right to such a hearing and request an informal hearing review by the Land and Water Adjudicatory Cor before the Governing Board pursuant to Section 120.57(2), (FtAWAC) of SFWMD's final agency action to det Fla. Stat., wftich),may be granted at the option of the such action is consistent with the provisions and F Dove ►ling Bid a of Chapter 373, Fla, Slat, Pursuant to Section ; �. Q Fla. Stat., and Rules 42-2.013 and d2-2,o132, Fla, 4. Pursuant Rule 28-106.11 i (3), Fla. Admin. Code, a request for review of (a) an order or rui, Code, persons may ft „vlth the SFWMD a request for SFWMD must be filed with FLAWAC within 20 extension of time forni ' ```5 da >, n',a�, ootiiton The SFVNMD, for rendition of the order or adoption of tho rule sougl good cause shown. rn Y rani the extension. The request reviewed; (b) an order of the Departmsnt For cY-s of Envlroi extension must contain a certificate that the petitioner Protection p (DEP) requiring amendment or repeF has consulted with all othrtie0, If any, conceming SFWMD o L) c-� `-° the rote must be tiled with FLAWAC within 30 extension and that the SFWMD end all other parties agree rendition of the DEP's order, °e to the extension. f and {c) a SF4VMC . entered pursuant to a formal administrative hearing o 0 Section 120.57 1 , Fla. Stat,, must be flied no tester t CIRCUIT COURT C ( ) days after rendition `� u of ins SFWMD s final 5. Pursuant to Section 373-;5174;Fia. Stat„ any Simultaneous with filing, a copy of the request for substantial! affected' Y Person who CIS1h� t-final agencymust be r served on the DEP Secretary, any person i action of the SFWMD relating to ,_ decisions in the SFWMD or DEP final order, constitutes an unconstitutional taking of ano all parties Just compensation 9 t bpert %Mthout proceeding below, A copy of Rule 42.2,013, Fla, f pensation may seek judlGal review of #act)en in Code is attached to this Notice of Rights, circuit court by filing N v a civil action In the Cirruit`cou, ni the judicial circuit in which the affected property'4 ipCPRIVATE PROPERTY RIGHTS PROTECTION c ACT within 90 days of the rendering of the SFWMD s^.,al''.; 10- A property owner who alleges a specific agency action, C04 14 c1-, ,� of the SFWMD has inordinately burdened an exlstirn a f the real property, or a vested right to a specific u 6, Pursuant to Section 403.412, Fla. Stec a lfte,real property, may file a claim in the circuit court r citizen of Florida may bring an thba!eal - o action for injunctive relies ! property is located within 1 year of the SFI against the SFWMD to the SFWMD to enforce the P compel ' (on pursuant to the procedures Set forth N In Subse !aws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. +7. � �1( )(a), Fla. Stet_ Q-0 Code. The Complaining party must file. with the � SFWMD Clerk a verified complaint setting forth the facts upon which LA�. US.E-AND ENVIRONMENTAL DISPUTE r 2E5ot_U71c th9 complaint is based and the manner in which the )�V-A�'�Property owner who alleges that a SFV� Complaining party is affected, if the SFWMD does not take devefoprtl6 t' biller (as that term is deflned In Sec appropr(ate action on the complaint within 30 days of 70.51(2)( P at, to include receipt. the complaining `�y ��un or SFVt `actiat r party may then file a civil suit for enforcement i unreasonable, or unfairly bore Injunctive relief in the tar Judicial Circuit in and for Palm the use of the i property, erty, may file a request for n Beach County or circuit court In the with the SFWMD county where the wiihtn AO days of receipt of the SFVVPV cause of action allegedly occurred. order or notice of agency MGtton pursuant to the procedt set forth in Subsectlons,ZQ; d) and (6), Fla. Stat. a T Pursuant to Secfion 373.433, Fla, Stat„ a private citizen of Florida may file suit in c!rcult court to MEDIATION Q require the abatement of any stormwater management 12. A person whose substantial interests < system. darn, impoundment, reservoir, appurtenant work or or may be, affected by the SFWMD's action may choc works that violate the provisions of Chapter 373. Fla. Stat. medlation as an altemative remedy under Section 120.5' Fla_ Stat. Pursuant to Rule 28-106.111(2), Fla, Adw 1 Code, the petition for mediation snail be find within �J days of either written notice through mail or posting Revised August, 2000 POOR QUALITY ORIGINAL Packet Pg. 302 LOJa3aLJOD 't-690 11194/2 pulblicatian of notice that the SFWMD has or intends to take final agency awn. Choosing rnedlation will not affect the right to an administrative hearing it medfation sloes not result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall rontaln the following VOrmation: (1) the flame, address, and telephone number of the person requesting mediation and that person's representative, if any; &lion; (2) a statement of the preliminary agency (3) an expfanatlan or crow the persons substantial inttres will be affected by the agency determir (4) teTnent of relef sought. As provki lit CI 120.573. Fia. Stat. 0 997} the tirnofy agre-arnant rfall- e� parties to mediate ► ill toll the time Zmlations Im, by TSB ions 120Z69 and 120.57, Fla. Slat., far request and, holding an administrative hearing. Unless orhe Ise agreed by the parties, the mediation must be conduc[E� v hhfn 60 days of the execution of the agreement. /if mediation resutts in settlement of the dispute, the Sf:1NMD must enter a final order incorporating the agreerrient Of A arties. Persons .whose substantial interest will beaffWgd by such a rno[fified agency cfecislon have a—Ahjt,�,,ip, petition for hearing within 21 days of receipt of itt;t:.,fiRal order in accordance with the requirements of 6 rfs �t3.569 and 12D-57, Fla. Slat., and SFIIVMD Rule ��:2p?�2), Fla. Admin Code. lr mediation terminates without s ttt`ement of the dispute. the SFWMD shall notify all parties in '`ring teal the adrninfstra[iVe htarinq process under I S 120.569 and 120.57, Fla. Slat., remain avallabl -for . dlsposifion of the dispute, and the notice will sp fy deadlines (hat then will apPly for challenging the a§eno action. (0) The name, address telephone and any facsimile number Of the attomey o, representative of the Petllloner, (if any); (d) the applicable aae or portion of tl (e) the citation to the statue th, implementing; M the type of acfUon requested; (g) the sper_ffic facts that demo, substantial hardship or violaUen of prinapals a that would justify a waiver or variance for the petfti (h) tho reason why file varfan e or tt requested would serve the purposes of the u statute: and (i) a statement of whether the vat walver is permanent or temporary, If the var walver is temporary, the petition shall include 0 indicating the duration of the requC-14ed variance or A person requestirg ar waiver cf a SFWMD rul croon of the petition. Ir Sectlon 120,542(5), Fla, 104.17{}4(2), Fla. Admin. induoe: erneryerlCy variance 4 must dearly so state addition to the requlren Stetpursuant to RI Code, the Petition mu a) the specific facts that m6ke the situa emergency; and bi the SPeC 1c facts to Shaw that itie p8titfo suffer immediate adverse effect unless the varla waiver is Issued by the SFWMD more expeditious; the applicable timeframes set forth in Section 1,20.54 Slat. WAIVER OF RIGHTS 14. Failure to Observe the relev tit. ant Frames prescribed above tmIt oaristllu#e a waiver of VARIANCES AN 0 WAIVERS 13. A person who is Subject to regulation pursuant to a SFWMD mile and believes the application of that rule will create a substantial harvjShlp or will violate Principles of fairness (as those lerms are defined in Subsection 120.542(2). Fla. Stat) and can demonstrdte that the; -Purpose of the undertyiN statute will be or has been acbieved by Other meatus, may file a petition with the SFWMI) Clerk requesting a variance from or waiver of the SFWMD rule. .applying for a varfance or waiver does not substitute or extend the time for ailing a Pet;flion for an administrative hearing or exercising any other right that a person may Nave concerning the . SFVVMD,s action. Pursuant to Rule 25-104.002(2), Fla. Admin. Code. the DeMian must include the following information: (a) the captlora shaft read: Petition for (Vadance From) or (Waiver oO Rule (Citation) (b) The name, address, telephone number 1 and any facsim0e number of the petitioner, . �q�,2a1 INITIATION OF PROCEEDINGS . tW1lQL1RIiC t?1Stlf7® 1M 1Z OP MATERIAL is, R)JAll petitions filed under these rules Shall Con(& (a) The frame and address of each agency affi and eac gar 5 file or identifica#ion number, if know (b) i h name, address, and telephone number o petitloner�ame, address, and telephone nurrtbf the petitione s re*errtative 9 any, whlch shad be addr,ass for seWce,purposes during the course of proceeding, ancL W e Dlgnation of how the petftior substantial interests W 1V be affected by the age determination; (c) A statement ❑f when and Now the petitic received nollce of the agency dec sion; (d) A Statement of all disputer! Issues of material t, If there are none, the Aetitioli must so Indicate; (a) A concise statement Of the ultimate facts alleg as weii as the rules and statutes wllfch entitle the petillo, to relief; and (f) A demand for relief. Ta a' a Q U r� c 3 0 U' 06 0 c a� R' us N v 0 0 0 N N 0 N J d 0 r- M c m t' r: r Q� c 0 U 0 Q Revisdd August, 2MO POOR QUALITY OR' - IN Packet Pg. 303 a.VJVVV LJVV I. —n`t to moll 28-106,301 INITIATION QF PROCEEDINGS (NOT IrwoLviNO be D1SMJMD ISSUES of MATERIAL FACT) affects)How the rule or order sought to the interests of the pan seeking review; mr (2) All petitions filed under these rules shall contain: (c) The oral or written statement, swom of (a) The name and address of each agency affected which was submitted to the agency concerning I g to be reviewed and the date and location of the ; and each agency's file or fderttificaUon number, iff known; if the Individual or entity requesting the revie% I (b) The name, address, and telephone number of the participated in a proceeding petitioner, the name, address, and telephone number of to Chapter 120, F.S., on the eorderi ornstitutwh ch , the petttloner's representative, if any, which shall be the sought; address for service purposes dudng the course of the (d) If review of an order is being sought, wh proceeding. and an explanation of how the petitloner's how the activity authorized by the orde substantial Interests will be affected by the agency substantially affect natural resources of state dmtenTlinaUon; regional significance or whether the order raises -- (c) A statement of when and how the petitioner received notice opolicy, statutory Interpretation, or rule Interprets r�he agency decision_ have regional or statewide significance from a sl a I (d) A corfcise temerrt of the ultimate facts .alieged, of agency precedent, and all the factual bace Q as well as the r l id'statutes which entitle the petitioner record which the petif►oner claims � to relief; and ims suppy 3 (e) A demani�,%�,er:� determination(s); and �--� (e) The action requested to be taken 28.107,OOd SlJSPEfOREVOCATION, ANNULMENT, Commission as a result or the review, Whether to re r .' }I�fV, modify the order, or remand the proceeding to th o ther action OR WiTHDRAW6IL,.,, (3) Requests for hear(rig y , in accordance with this management district for fur, or to req v " rule shall include; water management district to Initiate rulemakinq tt 0 (a) The name and addre s of the party making the amend or repeal a rule. 0 request, for purposes of service: 0 l 28-107,006 EMERGENCYACTION 2 *� (b) A statement that the party is 1946e%ing a hearing 1 c Involving disputed issues of materfa? feCt, .oc, a, hearingnot () If the agency finds that immediate serious a involving di to the public health, safety, or welfare requires eme .2 a g sputed issues of material facfari e� (c) A reference to the notice, orders to sho`uv cause, action, the agency shall summarily suspend. li, administrative complalat, or other commu restrict a license. Cr, party has received from the agency, o►nihat the (2) the 14-day notice requirement of C CO J �v 120.568(2)(b), F. S., does not apply and shail r o 42.2-013 REQUEST FOR construed to prevent a hearing at the earliest N 1 REVIEW PURE .4NT practicable upon request of an a N SECTION 373,114 OR 373.217 aggrieved parry, o (1) in any proceeding arising under Chapter 37 N review by the Florioa Land and Water Ad udiLt J 3) Unless otherwise provided by law, within 2d a Commission may be initiated by the Department or a p wafter emergency action taken pursuant to paragraph by filing a request for such review with the Secretary of the f tN�jVle, the agency shall initiate a formal suspensi o Commission and serving a copy on any person named in` „ti` r vbcatlon proceeding in compliance with Set N the rule or order, and on all parties to the proceeding1. - 120,57- and 120.60, F.S. which resulted in the order sought to be reviewed. A 4i1 ,612 certificate of service showing completion of service as EMERGENCY ACTION ' required by this subsection shall be arequirement for a (1) emergency exists when immediate actic E determination of sufficiency under Rule 42-2,0132. Failure neces$a d trotect public health, safety or welfare to file the request with the Co health Of --Ohl' tars ,fish or aquatic life; the works o1 Q Commission within the time � q r period provided In Rule 42-2.0132 shall result in dismissal District; a pu is w er supply, or recreational, comme; of the request for review, industrial, a�rjcu al "Qr other reasonable uses of land I water resources: el F (2) The request for review shall identify the rule or order (2) T1eEx e0ct' requested to be reviewed, the proceeding in w'r ctor may employ the resou which the rule of the District to take whdttevr r remedial action neces or oilier was entered and the nature of the rule or order, q to alleviate the emer906-6y condition without the issua Q copy of the Wile or order sought to be reviewed shall be of an emergency order. or in the event an emergency of has been issued, after the expiration of the requistte t attached. The request for review shall state with particularity: For compliance with that order. (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F S . or ruies duly adopted thereunder, Revlsed August, 2000 POOR QUALITY ORIGINAL Packet Pg. 304 --- ----- . uuilr APPlicalion No. 040330-23 Page 2 of S GENERAL CONDITIONS t- All activities authorized by this permit shall be implemented as set forth in the lan Performance criteria as approved b this p s, sPcfi activity a i conditions for undertaking that activity shall constitute a violation this s Permrom an Part N apa F.S. a• This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modification, be kept at the work sito of the permitted activity. The complete permit shall be available for review i work site upon request by District staff. The permittee shall require the contractor to review the cor permit prior to commencement of the activity authorized by this permit. 3. Activi 'a approved by this permit shah be conducted In a manner which does not cause violations of a a� F V itiy standards, The permittee shall implement best management nagement practices for eroslor Q ; P c�t�l to prevent violation of State water quality standards. Temporary erosion control sh 0 , implemented. Iqr to and ducAg construction, and permanent control measures shall be completed wi 5 days of`any� s¢njction activity. Turbidity barriers shall be installed and maintain >,. c-oe the osslblEi dC eel at 411 locations v p tY ansferring suspended solids into the receiving waterbody exists due to the pem 3 , work. Turbld ' barriers shall remain In place at all locations until construction is co t let e stabilized and vegetation has been established. All practices shall be in accordance wlt�dtt�g guide L)d soll! i and specificadonp desch'bed in Chapter 6 of the Florida Land Development Manual; A Guide to S 06 _ E Land and Water M3h ement (Department of Environmental Regulation, 1988), incorporated by refer o ram. in Rule 40E-q,pg1 `F C, unless a project -specific erosion and sediment control plan is approved of the permit. Thereafter, e`'.p'�rmittee shall be responsible for the removal of the barriers The perm Z 3 shall correct anY erosbn._tithat causes adverse Impacts to the water resources. 4. The permittee ahall.notffy thecDlstrte't..of the anflcipated construction start date wi in 30 da s of the that this permit Is issued. At.: ` th Y t� least 4B"hours prior to commencement of activity authorized by this psi N the permittee shall submit to the ,pis1nct`an Environmental Resource Permit Construction Commencer v Notice FOnp Number 09ti0 tndicatin adtual start date and the expected construction completion dat o 5. When the duration of construction -I xcz3` one year, the permittee shall submit construction sty N reports to the District on an annual basis:tutUi ng,jan annual status report form. Status report forms shal N submitted the following June of each year;'.:>. ... a 6• Within 30 days after completion of construction o e,permitted activity, the permitee shall submit a writ c statement of completion and certification b a ref utiiizJng tgittered professional engineer or other approprl M Individual as authorized by law, he 9vp,t3(led,, Environmental Resource Permlt Construct Compledon/Gertification Form Number 0881. ThestatEMnd of completion and certification shall be ba: cl on onsite observation of construction or review of asrrawings for the purpose of determining if, r work was completed In compliance with permitted plas ecif( tnotify the District that the system is ready for inspen: �,,.A.�pddditionatty, if deviiation from i the Lapp ov E drawings is discovered during the certification process, the derttflclatton must be accompanied by a cop _ the approved permit drawings with deviations noted. Both' tha�orl na( and revised specifications must dearly shown. The plans must be clearly labeled as "As=b0it"`.:o "Record" drawing. Ail survey, Q dimensions and elevations shall be certified by a registered surveyo"r.,' . c 7• The operation phase of this permit shall not become effective: until`t>� requirements of condition (6) above, and submitted a request for conversloh o Envi�o� Environmental with tt Permit from Construction Phase to Operation Phase, Form No. 0920; the D)sir44 determines t ei system � ccd Q be in compliance with the permitted plans and specifications; and the`6ntit approved the Dtrict accordance with Sections 9.0 and 10.0 of the Basis of Review for Enviroentl ResourcelsPern' Applications within the South Florida Water Management District, accepts responsibility for operation an maintenance of the system. The permit shall not be transferred to such approved operation an maintenance entity until the operation phase of the permit becomes effective. Following Inspection an approval of the permitted system by the District, the permittee shall initiate transfer of the permit to th I In POOR QUALITY ORiGINAL Packet Pg. 305 - -- ---------- �-rrtu rV,r! L 3.C.h Rpplicadon No, 04 Page 3 or a GENERAL CONDITIONS approved responsible operating entity if different from the permittee. Until the permit is tray r pursuant to Section 40E-1,6107, F.A.C„ the permittee shall be liable for compliance with the term permit. Each phase or independent portion of the permitted system must be completedin accordance permitted plans and pern,'t conditions prior to the initiation of the permitted use of site Infrastructure within the'area served by that portion Or phase of the system. Each phase or Independent portior system must be completed In accordance with the permitted plans and permit conditions prior to tray responsi511ity for operation and maintenance of the phase or portion of the system to a local governr other r*ponsibie entity. 9. F th6 Systems that will be operc-ed or maintained by an entity that will require an easement o rests f a or 'ordar to onabie that entity to operate or maintain the system in c,-3nforrnence with this such eaCerv+,or dead rem strlction must be recorded in the public records and to cY s along, wath�� rry ,ojher ff: ►al �ubmfsted the I per ation and maintenance documents required by Sections 9.0 and 10.0 Basis of Ftev�t�v Environmental ,for Resource Permit applications within the South Florida Managem®nt lstrict, prior to lot or units sales or prior to the completion od the system, whichever; first. Other documents,.conceming the establishment and authority the .. of operating entity must be file the Secretary of Statecounty or municipal entities. Final operation and maintenance -� documents mi received by the 01 thct when maintenance and operation of the system Is accepted by the ° government entity:',ailure'to, submit the appropriate final documents will result In the permittee rem liable for canying out mciMlengnce and operation of the permitted system and any other permit condit 10. Should any other regulaIs� t $ ty g". ty require changes to the permitted system, the permittee � shall nod District In writing of the cha trS ^' r to Implementation so that a determination can be made whel permit modification is require t. 11. This permit does not eliminate If 16 ` ssity to obtain any required federal, state, local and special d authorizations prior to the start of, ny ac approved by this permit, This , permit does not convey t permittee or create In the p®rrrrittee-a prdp rty right, or any interest In real property, nor does tt Guth any entrance upon or activities on prope which is not owned or controlled by time permittee, or ca any rights or privileges other than iho s +scl_d In the permit and Chapter 40E-4 F.A.C.. �., or Chapter 401 12. The permlttee is hereby advised that SectioFf`�5 77 F.S. states that a person may not commence excavation, construction, or other activity involving t0e-use of sovereign or other lands of the State, the towhichIs vested In the Board of Trustees of to in bl Improvement Trust without obtaini�mF re uired tease, license, easement, or other form of const authorizing the proposed use. Therefore permitteE Is responsible for obtaining any necessar�c-a horizations from the Board of Trustees pric commencing activity on sovereignty lands or other state-ow(d, i9nds. 13- The permittee must obtain a Water Use permit prior toonsn°1ition dewatertn for a general permit pursuant to Subsection 40E-20.302 3 ,TA 0-,.alg' unless the Licewor" qual Rule. () o known as the 'No Notice" Rule. 14.' The permittee shall hold and save the District harmless from a nci,all damages, cialms or liabil which may arise by reason of the construction, alteration, operatlo or use of any system authorized by the permit. tr?nance, removal abandonrr 15. Any dellneation of the extent of a wetland or other surface water Submitt J lIcat including plans or other supporting documentatlon, shall not be considered binrt of ding, ue lessaaps e< condition of this permit or a formal determination under Section 373.421(2), F.S,, provides otherwise. p 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfe. ownership or control of a permitted system or the real property on which the permitted system is locat Alt transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 r �t a� a Q. Q� �r U� i t ct 0 06 1 c a� r CU LO N 0 0 0 N or N ; J rL o� ti, MCq, c� c�m M r� r c a� M Q POOR QUALITY ORIGINAL Packet Pg. 306 Application No pnpo s of 5 GENERAL CONDITIONS 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable acd may be required as a resulf of any vfoladons prior to the safe. conveyance or othertransf�er correctof the sy i7. Upon reasonable notice to the permittee, District authorized staff with proper identification sh3 Permission to enter, inspect, sample and test the system to Insure conformity with the pla spec!1cstions approvad by the permit. 18. If hlstorlcaf 0, archaeologfcal a WSCts are discovered at any time on the project site, the permltt; immediately notify tho Epproprfate District service center. 19. Thep ittee shaft lmmediatel notifythe District in wrltin of an i�& scmvered to be Inaccurate. 9 Y Previously submitted information a 06 r Y'7 3 0 i U — . � j R Y; C >, CU f � , O CD � N N d O ti N C E V POOR QUALITY ORI Packet Pg. 307 Apprlcaon No Page 5afs SPECIAL CONDITIONS t' The Construction phase of this permit shall expire on April 30, 2009. 2• Operation of the surface water management system shall be the responsibility of ORANGE HOMEOWNERS ASSOCIATION, 3. Discharge F8011ties: Through previously permitted factiltles. 4- The per Ittee shall be responsible for the correction of any erosion, shoaling or w8tor quality pros that result from the construction or operation of the surface water management system. Measures ahall bo taken during construction to insure that sedimentation and/or turbidity violations d occur In a receiving water. R 0 Tha7lslr t reservos the right to require that additional wal3r quality treatment methods be incorpoi into tqp-d�aQe system, tf such measures are shown to be necessary. a� CL Q. Q 7. Facilities othc t n those stated herein shall not be constructed without an approved modlffcatlon permit. >, of a' A stable, permanent, and accessible elevation reference shall be established on or vfthfn no hunt (100) feet of all permtt discharge structures no later than the 3 0 location of the elavasubmission of the certfficatlon report. rence must be noted on or with file certification report_ Zr,pvide\.rouline od ,d a. The permlttee shal maintenance of all of the components of the Surface w management system in pfder' o remove all trapped sedimentsldebrls. All ma%riafs d4osod of 0 � shall be prop as required by ja "Failure to properly maintain the System may result in adverse ftooc conditions, Z ti r: ' �, f0. This permit is issued based 661he�Fp0cant's submitted Information which reasonably demonstrates t adverse ►v2ter resource related a�i > 1; Ppktwill not. be caused by the cornplated permit activity. Should , adverse Impacts caused by the co fet6d surface water management v system occur the District require the permltte6 to provide ap ropri to lrnitigativn to the District or ether Impacted party. The plst wlli require the permittee to mod4 th�rfa o N water management system:, ff necessary, to alirninate t cause of the adverse irnpacts. cv t� All special conditions and exhibits previo sf tad b permit number 1 N J 1-pp4 f$-c, remain in effe unless otherwise revised and shall apply to thld�C�tion. a 12. Plan sheats 2, 3, and 5 through 14 signed, se al.t .dated on March t 9, P.E. 2oD4 by Richard J. Joudre of Davidson Engineering. Inc. have been Ind the permi,, fife. p his permit mod6cation and will be retained N c� k c m E _ 11 U C t V POOR QUALITY ORIGINAL Packet Pg. 308 r r aq .3 T.I "I 3:t cy l 1 ill V y ' K � er l .� �� Y 1 r 79 u q .t K r u aP$ _ QvO 7r4 Q£ n n �l r, C; P ., f � cr ! IE"t �i 4nbo z�j mo e l�'+• s try, . � , r j e I . v ti .r x ` Ir r �e ■ a C v + v - it 7. re ed V ¢ i �( -4 a 'a' 1 C► '3 r 3 M .l fc ; R a K i� yVN ^I iE ti u l i i 1 * « JJJ jr 1 i r dv?V 3ZI5 C Attachment: Attachment-G (23701 : PL20220004625 - Valencia Golf & Country Club Appeal) i V•'SL l lye { r 3.C.h Last Date For Agency Action; 29-MAY-2004 GEBERAL SNIVIRONME TAL R SQtJ CI; 050MIT STAF Project Name: Val ancla Lakes Golf And Country Club Phase 1-A Pormlt No.: 11-00418-S A pplfcatlon No.: 040330-23 Appilcatlon Type: Environmental Resource (General Permit Modification) . . E ocatld` + ollier Coup S23/T485/R27E .r R Pernittae tbngetrea Associates a Q ap,prating f nttty f Dranroet; ee Homeowners Association v Projoct area: 50.2 bergs r / Project Land Use: Residential c o CA- r .f Drainage Basin: WESTA6dLLIEFt U 06 Sub Basln: Golden Date Cana! '~ C, t Recelving Body: Golden GPSeanal via the existfng SWM system C)aaa: Gt AaS li! o 0 Spacial Dralnago District: NA__;, c a Conservation Basement To Dlsthcv o CU SOYOrelgn Submerged Lands: Nd f ' LO This application Is a request for a General Pe�rryrModification authordng Construction and Operat;on of a sutface water management system serving a'50 Za e residential subdtvision known as Valencia Lakes Golf o and Country Club Phase 4-A, part of a Z,37�• acre site known as Orange Tree residentialdevelop SWMS. mentr with discharge Into waters of the Gul��Me�iOO via the Golden Gate Canal via the exlsffngcm _J a 1 � c M _f C d r {� R EXHIBIT AAp ro- : 040330-23 P390 1 of 4 - Packet Pg. 310 ----uu� w i-oak rJ411, 1 Z 0 0 C3 rr 0 0 n PROJECT EV LV TION: N The site is located south of 011 Well Road and north of Double Eagle Drive within Basin 4 of the Valencli Lakes Golf and Country Club development fka the Orangetree residential development- A Iocat10n map is attached as ExhI0 1. The site contains existing surface water management lakes and three native preserve areas, Two of the native preserves are belllnd lots of the Vardin Place cul-de-sac. The other native preserva is located just south of Lak 12. The native preserve areas are not District mitigation areas. Mitigation for wetland impacts 177,addfressed and provided under the original permit. No adverse environmental conditions are anticipated a a result of project construction. The Orange Tree master surface water management system, is .Q ns1ru -- d and operational and provides the required water quallty and etlenualfon For the 25 year 3 day storm ev rq. Permit Number 11- .` 8-S/Appllcatlon Number 030306-5 was previously approved for a 142 unit residential develr en( on this portion of land. This appiication reconfigures the previously approved impdevervious c to include 176 0'nits and increases the overall impervious area by 1.92 acres and brings gs the impervious cover to 3�°�'" The proposed 50.24 acre rno4rNff Sasfn 4 of the Orange Tree subdiv'sf north side of Double Eagle Drive.,- ia VGC-1, VGC-10, VGC-11, VGC-12�t detention areas were previously ident Tree master surface water managem the 25 year 3 day storm event. LAND USA. ..;:,': ":,n.'� .•:: Construction: Project: :onsists of constructing a 176 unit residential development within She development will be along Par Drive and Vardin Place on the Off' ill be directed from lots roads to existing wet detention areas 1'VGG13 vla sheet flow, catch basins and -culverts. These wet 1�a4 existing lakes 4-1. 4-10. 4.11, 4-12 and 4-13. The Orange systeri� provides the required water quaiity and attenuation for r This Phase Building Coverage 10.10 Impervious 7.39 Pervious 32,71 Total: 50,20 YYQTE;R QUANTITY Discharge Rate ^acres t } acres - acres The proposed project is consistent with the land use and site grading assumptions from the design of the surface water management system. Therefore, this surface water management system for this project has not been designed to limit discharge for the design event to a specified rate. WATER QUALITY APP•nn.: 04033023 Page 2 of 4 EXHIBIT 2) Packet Pg. 311 i -n�:kO r131' 6 1 No adverse water quality impacts are anticipated as a result of the proposed project, �.. �%1f'+ F/•r T!.rl!i^f ��`IRIrC.�'C�.; �;,5;.��Y��4y� ��YJi`�.'ILF�� ; 5: ..i r i . _ _ • fii 1i .' •.: : �. . •1�k1, :JvI 'r W>Y{`�'} The project site does not contain preferred habitat for watland-dependent' endangered or 11hyreatene, wildlife species or species of special concern. No wetland -dependent endangered/threatened species o species of speclai concern were observed onsite, and submitted information indleates that potential use ❑ the site by such species is minimal, This permit does not relieve the applicant from complying with al applicable rut species �5p7aclai concern are discovered on the site. it Is suggested-thl the parmittee retain the services of a Professional Engineer registered in ire Stale e Florida for peer ie ab,� eWatien of construction of the surface water management {SWM} system. This wi facilitate the complet%r1'of construction corrfpletlon certIfIcaflon Form 40881 which is required pursuant tc Section 10 0€ the 6asls of R�vlew for Environmental Resource Permit Appilcations within the South Florid Water Management Dfstrirt, and Rule 40E-43E1 (2), Florida Administrative Code (F,A.C.). I Pursuant to Chapter 40EA F,A..C., this permit may not be converted from the construction phase to the operation phase until ce rflr>.at n a the SWM system Is submitted 10 and accepted by this ❑istrlct, Rule 40E-4.321 (7) F.A.0 states thM faij4re to complete construction of the SWM system and obtain operation phase approval from the ❑istrtct_'v+rfthjn the permit duration shall require a new permit authorization unless a permit extension is granted. i 4 4 For SWM systems permitted with a d7$tl` 9 entity who is different from the permittee, it Should be noted that until the permit is transferred to fire f tir]g entity pursuant to Rule 40E-1.6107, F.A,C„ the permitter: Is ftable for -compliance with the terms of hfs nsrrnit- Tine permittee is advised f21af the efflcfency of &I," V1iM �systemwill normally decrease over time unless 4he system Is periodically maintained. A signiftcaric�,n in flow capacity can usuaUY be attributed to partial blockages of the conveyance system. Cncaceocity Is compromised, flooding of the project may result_ Maintenance of the SWfo system is requfrt'to� protect the public health, safety and the natural resources of the state. Therefore, the permit(E)8 nsust, 4ve periodic inspectlons of the SWM system Performed to ensure performance for flood protection Elnd''wal6r quality purposes. If deficiencies are found, It Is the responsibility of the parmlttee to correct these Aflpi!rr i s in a tlmely manner. App-no.: OA0330-23 Page 3 of 4 EXN 1 131 T Packet Pg. 312 3.C.h —� water use Permit stattua: The applicant has indicated that existing Water Use Permit 11-00414-W will be utillzad for irrigation of the development. The applicant has indicated that dewafering is not required fear construction of this project, This permit does not reJe�ase the permittee from obtaining all necessary Water Use aut�ori�t)on 7 p {srior to tho commsncement of activities which will require such authoraation, including construction dowaterlrlg end irrigatlon, unless the work quallfiss for a No -Notice Short -Term Dewatering permit pursuant to Chapter 40E-20.302(3) or is erernpt pursuant to Section 40E-2,051, FAG. P*Staric.-CIA c olvgfcal R"Ources: No Informs&ryiask en received that indicates the presence of archaeological or hlstortc�i rosourr�s or that the proPosod�ar .I could cause adverse impacts to archaeological or historical resou rclas. tyCAIDi?'iiJl CC?r1SdS!P�Oview: The District has not recefve4 a finding of inconsistency from the Florida Department of Environmental Protection or other corn- nting agencies regarding the provisions of the federal Goestal Zone Management Plan. Enforcement- K; There has been no enforcement, a , vh" sociated with this application. 2TAF -1 _R-EV I Q: DIVISION APP OVAL NAT 'RAL ESDURCE s T- Morton, 1111_ SURFACE �TER w Rlcarff(5 A_ Valera, P.E, DATE: 145''r'. � � k App•no.: 040330-23 Page 4 of e �l i�B IT f ) Packet Pg. 313 I i T Q A Attachment: Attachment-G (23701 : PL20220004625 - Valencia Golf & Country Club Appeal) u•rei rluJ1 STAFF REPORT DISTRIBUTION LIST VALEN CIA LAKES GOLF AND COUNTRY CLUB PHASE i-A A PPlication No: 040330-23 Porrt'tft PIo: 11-00418-S INT A DISTRIBUTION X Jaweieri S Hard, - 7420 EXTERNAL DfSTRfBUTIO a� x 4► ffllarnlgd(� , .E. - 7420 X Ricardo A� `. X Permittee - Orangetree Associates 0. Q .E, - 742p X �2a�s T. �rdorton, P �r,S. - 7r12U X Agent - Davidson Engineering inc - 3 f X G, roars - �'�4[[3� :, - U • F•r• ., X YRC Englnasr ng,; 4- GOVERNMENT L X ERC Environmental w 7420 ---�GE ,CIE 0 0 X Fort Myers Backup FAB x'7�0 X Golder County - Agricultural Agent v 06 }C Parmit File X Collier County Engineer Engineering Review: 0 �1 X Div of Recreation and Park - District 8 - PDEF 0 rr, >. X FDEP x Florida Fish & Wildlife Conservation Cornmissl, . 8ureau of Protected Species Mgmt R > OTHER INTEREST -t-s PARTIES LO X Audubon of Florida - Charles Lee o N X Florida Wildlife Federation - Nancy Anne Payto J / X Leonore Reich ,X• (L S.W.F.R.P.C. Marisa Marr C_ \Water Management- Institute ! .'Michael N. Vanal o i ! M v - t c m E ) :1 C E u 111HX3 PCCR CUALTY CRI Packet Pg. 315 3.C.h STAFF REPORT ❑ISTMUTION LIST ADDRESSES Davidson EnCgineering Inc 2154 �F4n� Way Ste 3 Drangetres Assoc+ates 3000 Orange Grove Naples p Trail _ Naples FL 34120 — Colti!ar County -Agd Mural Ag3nt 3301 Tamlaml Tral mast Collier County Engineer Engineerin Revf 9 ew 5ery . Pa Box 413044 3301 Tamiami Trall Naples FL 34101-3044 Naples FL 34112 -' Div Of Rerreatlon and Park - strict 6 - FDEP 1843 South Tarnlaml Trail FDEP Osprey FL 34229 2295 Victoria Avenue Fort Myers FL 33901 Florida Fish & Wlfdlife Conservatier�'Cn�rrii$sion Bureau Of Protected Species Mgmt a .... 620 South Meridian Street Tallahassee FL 32399-6000 } o on of Audubon f Flarlda -Charles Lee i 101 r: Way Florida Wlfdlffe Federation - Nancy Anne Payton 2590 Golden Gate Parkway Maitfand FL 32751 r suite 109 / ,Naples FL 34105 Leonora Reich'' 713 Reef Point Circle Naples FL 33963 lL'!a a grriept lnstituto - Michael N. Vanatta Po Sax 6446 Vera Reach FL 32961 APPI}radon No. D40330-23 �. OeF,—J.. Marisa Marr 1�ayflne Drive, 'NgrrFv Myers 1'L 33917 Page 2 of 2 R a� a Q. Q U c 0 U 06 0 C9 0 c a� R LO N v 0 0 0 N N O N J d 0 ti m C� c m t 0 Q c a� U 0 Q Packet Pg. 316 PDDR QUALITY DRIGINAt AEC * �o ?M ✓GR: 3649 PG: 3444 PR m D a LMAMT124 cF GIf3O& PP=FIvB CI7VFJi xm Am mmCi cm 1Na MS MMAMii@R is node this _�,L day of ,� C� �, 19$i, AMD4 Ga.M (?deem f ter cal l ed ' �') .' m Cn r� co Cr'? uIT8ESSETa: t.. W-6- AS, MCLAFAdY is the developer of a rev camm ty &-mlcpnt in Collier CoLory, F1oTide, icaam X as CRA?�3 aari., t quality pLmmei co«a+Lity; ord WEOEs'nep;. to crantc a FdS, DECL-OA'l'r is detircus of imposing certain protective cumnants, ccrditions a� restrictica� won die ].m4s in Caf'M 'EFd— fil A17 ret forth he -rein; and to•-:� . p-�vvidr for the preservation� � mca�tt of the pr�rty ►+oiues, jai t ins =4 ,or pomun i t secs t n .) cr=uni ty and far the ma intem&nc e of the Properties axed Lmprwemmts thereva aid to this cod Tj Z t!] svb jam• t the Propea-t ies , toge the r with avch additions as may herea f ter be thereto, is accardmce with the ,,provisions hereof, to the protective cavertmus, ccnditions erd restric- tio- and other prowimica heryjmefC4r set forth, each and all of which is and are for the barefit of said Propmy and t--=h C10M thereof; wkmmks, it is I:LI.k Ani meat ion to develop the cmm ni ty krcwn as aWa TV cry rri 11 be utilising for sLrh pLaT cse those port!. *G ° the real property sat forth in the attached legal descriptioa(s) ectual ly d� loped by 1S1AP.07, 4tu ch oath ea i d developed portions. shall be save rsied by the terms rxi and coo.- hereof; ma -- WHEMAS, to provide a merits for mct�ing remse remain, but not all, of the pa -Poses and intents set forth &rein, MMARANr has irrarpurated urxler try Ia+�s o the State of Florida, ■ comrnity services associatio n , c9RAKZ MRM MqDUkC.. S RCN, DC. ft�er refeern=' to au the '=NINITY'), a n7Vrofit car -and F PS, DMLAPA my in its sole di screea'; f time to t iZe, COW", lease or grrnt a 1 icem5e , -seeotter or otr urigs: to lards trithin or rrithouC' TM, to the OR•H1Ni'IY, and the C0+VN-1Ymst accept the "= for the ps.rrpDae of maintzriaire, lsrd`xppf.M'� drainage, recreation, fire protection, cD3q-uto coot rol , sensi ry❑ r ocher that vi 11 be for' che�uae and bee e f i t o f i t s ?'!ember s and t3:e i r f azd l les , tenants and its, as determt ued by LECLARANI. ' described is Exhibit "A" and such additions NW,�, EECIARAP�r declares that the real pre�pettyr thereto am heresf[es may be mde p=sasant hereto, is aid ll be held, [rsrisferred, sold, conveyed end accuPitd oubj=t to the caoemmras, r strictiors, 'easements, eneb is 8nd liels (r.=etina referred to u "eoyem mts and rrstri.ct ims") hereafter set forth, spec i fyirg thas Dec larst ion steal I cue c i tute a cove- nant nzni og Frith the 1 mnnd m-d this Dec1 a ra t i on she l 1 be binding sport the Lnie r s i gnd, and on s.11 f'erycns ga i mi rg title throuL;h the L-.'.der s igred , �l 'J INDEX - f AFCiCLE SUL T 3 MZ i LU DUMNS 1 II W2'�P AM YGrDC MEN T III MIAM1`' S RIC19"S &T PC617S 3 iv cats iV S RI= AM PO-EFS 5 V `EMBERS' FLICUS AND EASDU 5 5 V'I PFOPEIlY RI[7ii'S 6 VII ASSESSMDM 6 VI I I RrwrI8IMCN5 B LX PRCP= 4 UN13YF 12 X MMACEK-rP SERVICES TO WIC ASSOCLCIGHS 13 xI � 13 C:D +�+ c�a Packet Pg. 317 00 13 10 11 Q 1 Z) j z OR BOOK PAGE Sectica 1.01. �� cHs "Asceas.ad Yaltar'" shall xeam and refer to the 'value of a Pict or ilrLit ss sl, s on the most racscst asamemeat rolls pxsrpartd by th* Collier Canary Property Appre►ser. Sectiae 1.02. "Assestmseret" ahall swears " refer to tho*s chs•aes made by the cc {t 7 fran time to CIE: tim pavniaist sach Pl*c ►mhos Mu dies fcx the purPOW ace fors% Lenin. asa0�a-a�r aa.sstim ivw. 03. "Assaciarfcr:" attill seal r*fcr to 0►' - THE �'S lnc)q, Im., its lass S¢ctuc 11%. �rciasll, dull mew and r- ex to all uses which are not IrtstituZic, nA Ior lttaidti.a1. p Section LOOS. 'r'A== I-W-V, rltiall rW am. refer to thus= art" of lased share On any recorded nub - division play of Ile lTcpstirs c�'-J L�r, s thereto, or 4dch are othervrim d-edicated, conveyed, less',d a or far with a Iic nT- is grmvtd to the CCHi1lil'ly and ►hicb are intto be dcti9ted to th, rcnnxz, , r eafoyr sC of all ❑f wrxrs of The �sni". My lake, crosal or other body of voter outside the den ica of srry Plcy s Il. ka ixx _px rd in this defirLititn. Seer t L��' r}a 1! �,.�.� gush and refer to a k l expenses incurred b7 the Cl]^f^Jilr'ly i o eoc�zaCCiSts ►rit19 iC� FOP, my=tr=Ce s-md Other obiiptiona set forth herein. Secticz 1.0 ' f^i1rtII7" dull m and refer to C9AXZ IRE CO-tM-,Y ASsDCWICW, 1?w. , e r 1 needs rat-.`ar�,rafit ecf-Fraratimr iea'F+�tt's^ara end asai $ri! Saccian 1.03. � shall man err! 'refer to AWN ¢[nit, sf T��,�i ;rhis s�ccessars and as i;ra ss;Grs sore than one undeveloped Pia fran the Declarant for the poet of develcprnt. pta- S�etian 1.Q9. "Aetl t sd',Es.'ull mem and refer to this dcr—It entitled D-AUTICH Of CDZL�L CCVD�%rtTS AND 11LSril.iCT1064s the sass may be minmded f run t im to time. :ectian 1.1�. �t raftrtx_ +c sts" ahall mean M in the case of the CCIti,1KM, this 4claratipo, mny �plementary Declsracwn mrd the ciflXs o[ Irrorpe5ratias of fire CO+iIK[TY, art (i i} in the case of a hief s'Jpt ra:d Macci.etim, the Ntid�r==. of 1n r. 1 t" I atiapo of the hie' � Suw wry Declaration. and the Articles of M scclaticq, as the ,axs my be amL-:ded f rem tint to time and filed of :awrd. Should DMAF.q T file'sM etch p detlaration;s}, Articles of Incorporation, etc. such tom: dacue>xents shrall be app.icable owe to Llne-1ki01bodvW as defirrad in Sec:ion 1.14 hereirardtr. In the�rwenu of conflirt or in istesx? aaz� Caverfri ; ij . 9 sppliubls to the p?ti7HiiY or Nei Ryswiat ion, as Chao erne trey be, to tha a�yn �� rat cad by 1 R+ the Gee 1 area t icon nerd awry 5+rppI c t-0. y Lmclsration in that order shall control. In the AVCutoff onflict or ircomistesry bet-een the 02"rNM nrd Neieftftcd Association Coveroiel re Dv� s, r to t es�exu peruse t lead by lrv, the Q7�!-CRffly Cr�re rni c4 s shall control. Oce Cov,rrrsirg D-�u s 1 k of,a prwisicn vein-, respect to a matter for w• ch pep. vision is m &c in &rs7t_her Caftrtliv D== r shall roC bed a conflict or inconsistency ber.penn step Cocpserning Dozvza~cn:s. i 5asttion I.11. '7:+rvve+xats" ah411 MeAn and refer to 4p�' structusres of any ><s rd , i rs: l ud i rg , vi t hpalt 1i=iusticm, any buildial, fence, unl1, ai�a, pevirg, Sradi4, parlung arud building addition a 1 to ra t ion,acreca v=1oaue, aaer, drain, dispcasstos, d[corative l�il�tr�, retrestio■I facilir', 1:rdsGapLgt, mksrior 1i&ieg, or l�dscape drv�iat or object. "wectiaa 1.12. ^Iz:stituricazsk" shall Czm " refer tf"r kc'eestiak and ram, :ia2 u irsGl�ir oa liaatcd to cbm-ck=, 11, libraries, iacilitiea, -A mnprofit rent-ostioasl f�ilities. eecti.co 1.13. 'Muter Dmelcmeu Plasf' shall ammn and refer to tie 'S plan r.' T$n as may be wed f rc= c ime to t ize by f��ir sho irg the 1 asd "pews Yare � t i a : U-i t s ua i Crrsd by MMAPANr to the rario"3 portions of Lhe properties. Sec tiaa 1.14. 'fir-s" r,411 W= and refer to thane Persons vho arE enti ed to rship is flee C3+Vt{M as provided in its of Incorporation and Eyiays. Ilse too Glasser Aft mem eradp are: A. "CLL" A' shall mesas and reefer to the clans of ersbip vh}ci�l�clu s all }!{ .ens viCh the exrtFt ioo of the T�,ARfXf for so lcre as he is a Class E mmber. n. 'Clasp shall vew a and refer to the elasa of mmb=-atcip-0dcb iociudes o(IY rite MUARA t. Section 1.15. `Tie " Q� aha1I m and refer to any single LindIy dcve1t--eCn& iruus pry jest, Cluster develop=xt, crriAl demlopnent or other axis -area develcrmerx. Sectic>e 1,16. 'tle iati L�w11 Wm and refer to any property Owners tsscriati=, b=mwcmrz association, cordominiva assx2atiGn or other such errity, their rxcessor and assign, for any Par- ticular Meighborbo`-d. Section 1.17. l!itln� CArem" shall nexn mid refer to all real property includirl any Improveznts and fLn-aes thereon which are deLc.aW. v. ed, kesse,3 or the use of vt,ich has bens g-r.uued to the Resip cm2 of a pars icz law h 60%btod od or to a Ne ipLik ort" A3 sere iaz ico for the c n=on use and e, n jOyUeU of its mm:bera. Sc+ctins ],i8. 'Tiei srtnr,d n<" "11 mtxn and refer to any and all covenants, co'uditictu,, restrictions sad other prwisiom impxei by recorded instrument, applicable to one or more specific Nkr ods, l» mt to all h3ei a. The term ' deigsborhxd Decl.aratico" shall mein arc+ refer to the doc meat Cont-ining NeizhhO trod cats. Section 1.19. 'CRA.MM DW' "11 mein and refer to those cemsie lards lor..ated in Collier Carty, Florida, sad weed by MCLAR . as described in Gdnibit "A" attached hereto and made a part hereof. Sectiaa 1.20. Wade' shil ceaa and refer to the record Owner, vkrther " or more persons or Packet Pg. 118 ties, of 8 fee maple title to any plot ►4dch is part of the Frt]pertirs, includirs contract sellers- ..0 001310 001538 Settsan 1.21. T rsce eh.Il e.at, .a D4l�ioai PAGE ]CL Cc" trwc, sstats, trust, partoerahip, eaucrfs: fan ha ar warY cw1farioo, VNVrm'=t.al �x7', buri- am other legal amtit7. pw ws bovine a jmnt or c�xti ifltereat, 4w +aau:�oi4sa r+nit 1.22.?Plot"+hell�and refer tv a Pt"tsd loc, a pl.attd parml, a tract of land, a t ether bath the =diridaf ate of the Cogum slaw"•,hickan to AW gwKiry of land, imcludirg arty LVwith w tothe Unit or tryst its locaLirJrc sad boaatariu wy be masablatied catp+blaofbeirajdescribed withsorbdeficLi _Jss ►rich is desivurad by the DGrZALvq to be usd,drn- lo,dO:dcoomyedsaaUntandu*icbis tha �llrst undirrided licit of o-wrahip ar a" poiru io tip,�.halt aoc iaelude the Camon Are"Section I.M. ouch addi ims ' to ai u !:rose t�s 11 Darr► ctii refer to that certain teal PrnP"RrCf 7 by brow *►itf4ktha jwzsdiction of the..xzataon. Barrio+ 1.Zi. lln rl Unit" chall Dens Qnd refer to: hold. A. For Les idc�tial arty, soy dwellIrt unit iti lied for xc+�anry by orA fAnd IY or I r 8. Fvr nac ituti i � W ply+ a Property Unit shall be each tmtr- ,e,,,w hu,-dr¢d (2,1W) of 1r.eor Ages ua define! is A:- Ii. Sectiaq j s_ s►yall errs m� refer to the legal xn.Prsst Of airy Plot. avctiun .2fy,is 1� sl" +hall =am and mfor to use of property aA a &eIIing rant. xtios 1.27. 5trr atsall a_b refer to arty street, hi�sy or Drier thorp►S[ars cont:r�ctaA ►rithia G�h"� 21�F tltaC is y lc, ted to a: � by, the Oatut M or a 1ieLghborlx;td As&=iAtion. whether sir is dasiputsd as strtaet bjOkavy", drive, plAce, ccurt, rood, terrace, way, circle, Iane, calk of �q+ orhxr oisilar draigaetion. 5oc t ion 1. 2c3, ' he ProQert i "r aM ] 1 sean am refer to ■ l l r+sal rt rdzi c h he s bee cur sub Chia Daclaratian. lands desrri 6 A y �ibit "A" ►h ch are to be used for r f to t� ayrirstltural purp�s or far a pe'ireGe ;off came alsalI txrc ar wbj f to the terms and carditiruu cornsired in this dccumm. Svc [ iars 1.29. rtfvtd .ct" sal 1 mean arts refer to a plat vpx ►rtsich no bui 1 d i ng Nu brca ems-, ru-jtaIlUlly coopletad for oat. zr Section 1.3D. 'Rtle ghAll mr"rt'ferai r ef to: a'7 A. An i>rww floc for A a19Va faily dvelling. or E. A portion of a bwWing dea�Vytt./d for srpsrata owwrship hardrY delirrl[ed :v"T% lcraead 01 P-n imapcoved Ploc or baraLries a r! C. A portico of as Ehsaacxt lts �irh a t ■ t inert liar i s sa de I i neAted an:1 dcaigrs[ad for sepEnce p errstdp, or ' A. R portico of ra lhi4rvvad plot ac,A tivw tim is feasible for future delineation LW dca itaat iced for srFrrata awrershi p is tcanformry with tine jrr►sreculAtimu.S er Depytiopxesu plan, the Ike I seat ion and public A;MCll it A� 5ca:ticc 2.01. »err. � A. bwery CrdO Arad the =,+41;W, so lccg as s;e 04M, Oshall be m�tera of the �t4TlrsiY. Mea�eraizip c}nall be s� to and my floe be se,vd.frt s ovoersh1p of a plot vttidt is orb jeer to AimsAimsawnt 6]' the 02rfAfl►1. Fassvrzs odor [hart as WU =7 bfctzmc.Hambers of the CfitMTY owl If a watarehip ri:st is crenated in etch Ptrrw by thx rscordatina of y Swtico 3.01, rhith wbjr a 1=ls vithia CRVa � asrrwd -� imtnmrnt u pe 02+! for is sorb Pere, i Asscsbraze 1 . [y in me t:�r provided for fa krlcls oil. �J th! 1'�. ?1e�rsa' right+, ?era, d"", Red privilePs shall be set jort:h in the Articles of IaCc+ ratiw, npla+s of tlts altt 'lTY, and this Declarati=. C. All Wabers arx eq a.erd to enforce the cpnra=z concaires3 xis C-tJ Declaration. Sectiao 2.02. Classy ofyocia4 IdZLrrs. The a)fth M shall have to classes of vsxirg umbership: (� Clews A. Aria A hec:bera &belt be all C1+TUS, with the e.sreption of the Clara A 4=bcr, who shall hen ►yeti .fi,rn it .s a rites u p[Caric4ed l+elw for erb plot cared. Class S. 'Jaa Class E Member shall be t?a DmLv1.Kr who shall have vat.i4 .ri aide w belfor 0wh Floc o• W. Esch plot o+rgd shall include all e d a4lac>aed )as provide +iescriptioo rhetlxsr or Doc LLCIhR►Yt actually de+elopa wch property set• forth in tyr property aubsoquav hereto. Tlsa C1wTe iE tstsrbesahip st4.11 Cesar and be cowat.ed to Class A'upgbgrship to the hepptaird of either of the folloo"V errata, whichrmt occ •Flier: (a) ►ken the total ►men oastardirs is the Rasa A tr=Cberahip equal the Coral vcw vatptr -A; in the Claw 3 zwemb rship, or (b) October 1, 2016, cc Auer, earlfar date as UXLQwr in its sole discretiaa establishes by rwordled iostr"Lat wmcuW by MUAWT. Section 2.03. Deurrni.natiau ofyotisq lights. A. ltx ideCt i.a 1 FIota. Thd a-ohcr of lm 1I int unit► vlzi.cb Dry be cons trued Vi rh CR 2 T)�.'' is XNerued b7 local ;;�• Lp�Residential Plata Shall be entitled W ooe Prcperty Unir per dwllic% ursit itrstd on each Plot. Lt'=, rwc d R&J idatnt W plots not aced fry DMIARANT ;ha 11 be eat i t 1 ed to pen Propen7 Chit for ureh d+.relliarg taut wh" has beam sssigszed to the Plats by MC' g.-.Ni. M2AWrt shall assign Lug of delliae waits which nary be cxatrtctrd oa a Resid+eatiAl ?lot prior to the wale of sorb Plot to ■ third p+r' . �� WidcztW P10" Mxd by W3-AWr bull be entitled to one Prgxrty Unit for ucb propard &ellirg unit, +=ocd w to the folla+itc tAble: 1-1 - 1.0 DA,ell if, Uoits Per Ac ra 3.C.h 0 ti M Packet Pg. 319 3.C.h 001310 ' 001539 e'p'Y h-2 - 2.5 Dwelling omits her sera OR BOOK PAGE !F3 - 4.0 D►amllia6 Units Per Acre * 4 - 5.3 Dwelliq Units Par acts Nulling units for DAWovod Btaidectial Plots awned by Dea AMn which contain fractions of an acre stall be tsalcuslatad by aultiplyiag such fraction times the amber of dw litnr units alltsed per ache, routded to oaanot whole dwelling unit. L. Comercial and tutittitional. 1h4 square footage of Coenercial lrapnv`eaesus which may be teestrvetad within CRkM TM to govt.rtad by local tonitr,;. %aprWM Ccamercial and 1nz.:tutioo4l Plots shall be entitled to one Property WE for aas`h 2,7W square fist, or fraction thereof, of :nor Measured co the causation; faea of walls, including sheets balls and facilities, and eacludirg areas for .vchiMels'storage sad gas* cc 1te services P.-:h as s {ci1 sertricst equipurt. Lbimproved Ccs>aercial or lr13titutional ?lots ox *,red 1'y LZQA>:.J r $halI be =titled, to ooa Prgerty Unit for each 2,7CO squ.rc feet of floor aces, or fraction rhersof, v"sich has been osniVvd to the Plots by DMAX� NT. EXCL ANr shall assign the s"re fcart of float scan whi , any be ct astr ct<d on a C mrcisl or Institutional Plot prior ►:) the sale of z%rh Plot to n tBLird .Ri asprcxed Crqmtrcial ?lots owned by UXLQ Nr ,hall be entitled to one Property Unit for eadt 2,7C syt ,or fraction ticrsof, of paved floor area. Sestioa 2.Q4-,- ilea CIA" ohnll t°T entitled to one vote for each Property Unit sub*t to assesaa:rt by the MMM, sad yls�bxr(o) dull be eaticled to three (3) votes for each Property Unit held by ruch i r. .y Section 2.05, Ktltt�,e'�C►+efcrs of a Plot. lu"= sore ttaan one Pereoo ho1G an interest in any ?lot, all such Persons s?v11 be ?ierbers. The vocal of such Plot shall be esrrcir d as, they deteraine, but in no event shall the vote cast vich respect to m was as Any Plot exceed Chas of vot a•. snad for the Plot in accordance with this Article of Declarsticn. Section 2.06. Tsanefcr of,., rol of the CC!lixM. A. khan the total AvC48ea i, r-6 11 the Class A rship exceeds the tool votes os.2stcrding in the Class a dip, .tl 14 5RANt shall Y-litnquish control of the CCltMTY and the C64US of clots other than M;Z,dRANr shall oraept Vodra Thereafter, the DeMA&W shall be entitled re elect a m=btr of Directors of the CalSnQiY eQwY C6 t* percentage of vote% held by the DCMARW runes the total maber of Directors, rounded to the neAru•st wtAi, grater than zero. dine the DMARAMr no longer owns arty Plot for development or for sale in the oc! rurytco` rse of business. DeaARIM': votes, if arty, shall be eoaanted the same as all other C6$+T3' S votes. •' �, � A• LZ�aRAJrZ'S relingnsishst of toss[ sl{1 not require OFAJIRArIr to relirsquis�h control or alter the Cl�tLAdIiY to asram cocatrol over any or;4i which is reserved to PECLAAAMr hereurder for s period longer than MaARAX''S bolding of voting control �''• C. So long as the DELA.4hdT taus any PI. fat Ippmeat or for sale in the ordinary course of handles, the CDKNM eery we take our action that Z?t detrimental to the sales of plots by the EaXAVX. meter, an i=Tesse in Asasersmeata for CoaasSa•: yrp6ztes without discriadnation against the MMALW sha11 not ba dewed to be detria=tal to that sales 00 Sections 2.07. Subdivisions of Plots. :.._ An OM of a Plot with taxi than ore dwellira urdtr at�� 2,7W square fact of Ct�rrial or iostituti=4 floor at®a "signed to it shall, in the event t 'at",,RRoo ion of the Plot is canweyed to another O&M, r•oassisa a portion of the mmber of &elling units or.�floot originally assigned to the Plot. to no event shalt such tn>a•rysrre i=rease the local d.+ellii�``uci "", flout area, or Property Units assigned to the Plots after o� that originally assigned to he K-oc,before the conveyance, we shall saach corsteyence resent i.o the casting of any fractional rotas.. At thytize, of such conveyance. the CG,M (Seller) shall notify the CQ+LW Y of the nvf,er of Property Units ass each Plot. In the event that ea GM fails or refutes to mcJce any necessary raassiV=e nt, then the ° ml cw-4 -:�-h reassigzr sent and nocif; the C 4us of each Plot involved in the cooveyacnce. tf� Section 2.08. Vopjc _Throua-h Nei hborhood Assoeiatien. If reg"red by the CoNtRan in its Bylaws, all CxNW of Ploita--f'ar a+fiicA there is a NotiO-horhood Association &Wl coat their votes on 03iVNM ratters directly Xsth-- F Ne4hborhood AssmiJtioo. Each *1* rob d Asaaciatioa shall, in its Bylaws, establish *.pro bj� such CRdi3t5 shall cast their votes oa CD*CX'27 aattexs. racb Ne' tabulate its hleahess' setts. Each� Asaociatiw shall hays tht duty collate and Association ;.hail have the privilow ot. with the ON4J)M all of the votes to which its Mx crs %cold be entitled to test as t=btc; of the CDVJKM. Such poocsdurs, subject to nary restrictions, limitations or conditions which say be ixposod by the ?+eightortncd Carenants or by otter raeoctied inotruw0t, shall provide "for votes to be cast in a block, or in the ear manner as or'igimlly cast by its ?ddtts, or in say other aarrar provided that it is fair, equitable, uni- foculy applied within the tteiebazinad Asaxi,sticn, and that does not result in the casting of fractional votes. Section 2.09 Rnersm. This Article nary be amended from time to tine thrvgh the Bylaws of the Czccurdty. AFMC1t III 5 tt3GNIS IM p0a3ts Sections 3.01. Casnuo Areas. A. So laag as there is a Class B }Suter, DM RAR shall have the right and the po.er, but neither the duty nor the obligation in its cols discretion, to act aside, grant a license, or other use right to real property within or without CitA? M TM for such pnyoaes as nary be egcessed in the. instrument of coo- •eyance. Iease or grant of license or ur. wo Puch real property shall be considered to be the CCltiRQ'fY Packet Pg. 320 3.C.h 001310 001540 c•� C7 CM-M Am uneit acumily so cowryrd, Bldg 4 04ttLIS. Iaraed or a yrNq icesue or ocNr use right la ermtAd by a aritt.esr inatr► mmt. E. ►ram s+-h talcs, drdicati.on, lease oar grant of license or use right to th, rarest in ry be miusive or wm=luaive *a Chat ERrsona or =Cities other thm the O>KwTiY soy or say ax a rigbt, pma , dude or privilep With its t to all or guy part of ray teal property so ca"Yed. lasses, or ifcan for tba use to Wxh it has been grmud. 't w CD"JKM gut acm-pc from DMLAX4K any eucb com yerte, dadicatiaa, lease, grvx Of lic=m, or gent of use right. So Iorq as there is a Class b Mmbrr, the 074i M $Wl sot accept frrm grey Penton othaer thm DOMAWM a co-eyvre, dedication, loose, grant of liccaae, or grant of um riot carpi � the prior wittza ■pprwal and cares-ent of the DtLSF.V+i. 2. Prior Cc reel' cdovr:yar", dedication, Iesae or grant of license or other use right by I=,I$fc7Pt to Ou CG;� of trey propeny. MMAW shall brm the right to charge ,V4,%oxseble fees f•,r the urs of 0wh propene: tk'�eaaaft¢r. thae rift to use etch prvprrry za-y be subject to rt&.X bf$ rents, fees " Other ch=ps is fawr Of the CfYttltan; iei eay ems, rents, fees and ocher charges requi�ad CO be paid to C XLAT,b C %W*r the 1"16. grants, or ecctracts crwtirtg the use right shall cmc irue to be paid. a. S9-f=t there "a a Clara B Magber, DCC AR�JrT s11a1 i have the right, and t-e pc6gf., to regr, late Red control the =1,design area aF`rcLume of Cron AreAs _n such a tourer as to pru KE a quality essvirarrnt ►A'iith Win' pc�'r the VaIm of the N=bcr's Thou err -to taster the atcractire,ras and fur` ticcal --nu of cpmI .Ti�Y ,a piece to lire, work " p4y, m:Juding a h[:scwtious relatic.L%hip aak-I C. ':Toe C== ArWL,5hlall be "jest to the provisions of Article VI11. The uses of C� Mesa shall 5e in cwfocr ty rrftlr Chx uaes persatttd in Article VII1. The pr:Nisiom of Article Vilt ahail not be applicable to &V proxrty. . ri by DQLWX prior to its conreyarce to the CiTfjmTy or a s aea, thiAsuciatir D. ib raa.iLWxz or t ar offensive activity shoal! be ccrd.rtad Of permitted on any C�= Area. So 1� is thr" is a Class E �r..the � shall h" the right vod the poker in the esarciie of its rxs:x+abla discrvtiw to detcruartr �&Ctiv .lies or uses corucitute ou urces or obn mdew or offerr- sive tetiviry. Nnthimg shall be dons vi,GlLia t}�� Arem rl dch say be or bwcce a rx.isame to ltesideus or flm�cm. , E. So hors as there is a Cl-Ras b . Mdzbef, any type uw of C=ca Areas aha l 1 be sub jec t to the Prior vsittea approval of Dc3AV 7. {� F. Pgithxr t!w eawuzion and re&"tica6 of. this DecIa-ration. nor the creation ur the CatLWM or oehaa r evt i t p, rear Lhz rarardst ion of any vthe r rice t i�n.4 sub jtc t i rle arty lard in CRANCE 1RIZ to p raac c i vs tamvnta, and restrictions shall ob1 jeAte of require or arty other Peron to ;rant any right, poker, day p; privileg:! of any rstvre or kind to the o r entity; or obligate or rc•iuire DF.7,,AW to perforce perry mcc perricted under this Declaration or te.e ' cover�erxs, corditian, restriction or ether pr9riaiaa theroof. C. Otherwise spxifiuily ptwi , �'r�s3 so lam as there is s Class B Nether DUMA ANT reserves the rigtst and the paver to delepta or aagtgn,' es r elusively or mpnewlusive:ly, to any FW"m of entity, Wy or all of its riot$, pttiers, duties or p2ijrzf%ps created or provided for by this Doc Lxrrat ion or by soy otbar recorded iost rust. DQARwS shal l'be�ui;iei �,no obl igst im to delegate or a, s ip soy of its rights, powers, duties 4xWor privileges to any person ar,cr;�A r: Smtioe 3.M W AssocLatnags. i So 1 � as D5MARW prat lard in �A� T= for dc+e 1 DMAR FT S ha 1 I hrne t he r i � and the pwar, but ccithes the duty nor the ob1igation, to aa:rd thae s c prwi3iOM of this Declaration itmofar sa they apply to om or tore krighbortwds without arming those .prcv'isiaru rich respect to ■11 igeigh>bQimods " to sLTplrsotxu this Le-Cl.araticu by recording separate cwdrafj��, itions, restrictioru, sad ot.Ter pravisiOW applyiM W stay apxific Iitighbvrbtnd. Such nnc�,ts or4si` ate 4 instncmlu way or %ay act crueta proserry o tom asa ci.ations, waxers associations, candoad-iie se*iations or entities OUwr tlw, the Cs3+U r&Y or *.(� arzLv atiom, CEOARAMTIS right to eak h s shall be Conditioned upon consent to same by tw-�rds (I/) ds) of the v ership. Section 3.03 irnfoemm and lawtiom A. So long as Li MAPAhT owe lard i a CRAKE > f e, ue%m l op mnt , "ryes JAMW itself the right and the power to eafoma the ewv,xnts, cocditiom, restrictioni and oL er prvviAicm of this D clarstiaa rtd to delegate or wigs either m1usively or wm=JwiveJy say or all of its p t� wm poro, duties a privileees hrrusder to the �, ar to arty Hei0bortsxd Ace: xi.a.t iM, or to cut , or to any ocher Perscru B. So lmg as DMEARMT ors land in MMZ M= for developarrat, DeCLO,wf shall hm the sight and power to aaforee the caneamxs, totditLons, rescrictiaw axed ocher prwisi" i by thua DwLzruim by any pros aiimg at law or in equity agsiwt any Pereaa viol-ating or attaepting to violate ruc6 provision, to reatra.im and' violation ar ■ttomptcd violation of wrch provisicm, to require performance of sjch prwisims, to ncwtr d+mogts for violatiou of such provisions and to levy agairut the lard to enforce my, lien created by this Dw larat ices. Failure by DMAPAW or by tine CCN4NM, or by ■ lie i fi,bortlaui A s sac lac ion or any other 060 or eery other Person to enforce Lary of such provisions shall in m event be da5md a waiver of their rightt to do so thereafter. C. The coati and resew u attorneys' fees, iwludirV these resulting from any appellate prv- cw4icp, incurred by D02ARIC or tht Cl?ftAd'fY in arry utico against an C64M to enforce any prwisiuss of We DwI.Lsatim shall be c 'assocsai obligation of such CLM vhich shall be paid by such C6MM and axy =mm rich rumim due and maid +hall l-� a coatieaiing lien upon O#UIS plot collectible io the mow r provided in Article V" T- 0 ti M 04 Sectica 3.04 Transfer of D6t7AMYVS Rights. Packet Pg. 321 ilse CCt!' shall assaw MLAX) *$ ruts and obli.pti.ow uWer this D clsuvcianc tiav sszsnds A. Altar Lt=AKW to LarqW pms lased in [� WM T= far dewe ICumm It the right or cbl igw.. to COMAMM ab last sus it ams Laud [car datirsloPU; n. Afrarr MMAW baccaes a CLaaa A Mmbar if the right or obligation extends to CCMA&gq so 1=0 as it is a Chas 13'lssbw; or zJ C. At suds earlier t iaar as ZA�RAM'l' wr :lace writttu ssaigrmerst of a right or ob1iCatioa to the amwm- Any � asap asey be rewhed in vritiq by DQ1Al MT. thereby allewirg DM+egAn to roxgAirs the riot or cbllpzicm previously aasigmd. a S LE 55 AM PCWDS Sectirm 4.01 �s of the CfJ� jNm end Cmw.m Area+, a J Mul C3+UR 'T shall bo MrpowibIs for wn,4 _ ,tad repair of the follcsring A. �s &=.cri t � d r c�m=w=, -uwd=uw and otter aana"ity f4rilities which shall be operntz�d maimalcod for Leas bemfit of the Plvls vithia jh* hoperties, exept asry security syytw, "rd=k,r Qoecuritr facility a"lishod prLr-jxiLy for Lis be -*fit of a Reid within The Properties. ❑ L All strwt.a, bikcpatiss red crosswers within my poRioa of CRAWx- TRU welch art dedicated a toList CiPfiAff77 eadlemy atr;,etli s _+ea, traffi_ shame aced signals end infosmstivnal .1.i on or over rurh at,~eets, bibr�-p,stl ;. td , C. :Mace uatxr a A store• ter nit sy!gce=- - D. FA 7 ` or other areas comwyad, dadicatad, or teased to or used by the ccwjh,,T', irl:is�fr� Ir�r v. S.02 C, o f tea CCW-N 1Y Property and Cccma Areas. 'Cho 4xh rrttr to 11=426s Us S property aced Ccsssson Areas shall include: A. ass ri to astabliash rules and replatiorts governing the use of the CCKIJN TI''S prup� axed Cc== Arras; C7 7 A. 7be rule to CT�- reauxubla admsaicn and ocher fees or A "=zLets for the used propxty +sd C+==o Arras C. Iles r=,:rt to VQL a Me mb a r' s r i.i,L to vote. aced a ?4eebrr' s r i gas t to use Cq}ht1FC`fy C== lazr Arraa, for s=y dead during uMich 4ni asb bmems AtMi4st the hmber's Plot or arty obliSAtion of the A=6er =,y to the Colirem rein =;Mid, aced (at--4 ivis *le period durir; or after airy infraction of the LUttRiy't1"a rules A= reviatioma. - �> .. D. Dw rust to dedicate orii r&nskr all or " part of CCHVNfTC property acrid Ccaz= A;e.i to O am ;0"CrMOVal 41Mcy, Public authority. o�,tdai t7;, E. It r zht to bc,r array-f the P�' of isproving CITY property and CQ=on Area Lahti in 4id thereof KxTgne the s� ��ff vdtive vote of or least 7/3 of the lot wrrrs {excluding P. 'Ass Oat to Lois such steps as.:azi 17 aecv$a"r to protect �tZ property and Coven Areas AgAi.nat foracloexae; c. � ri& to enf=t the prcvisioo. kclsration, or sexy other applicable recvsdod inst:vaest sdvpced by tha CD+UK=, irrlsrding the Artist" . { J'X- pocatua aced Bylaws of the CQii'hM; sad ant► rules asd reV atiaw owerniM ww srd ealjay� of the Ferny and Can Areas adopted b1 the 021UNM. 8. bCVPC as provided in Art isle Lee reAar+dir{ izAk miN� s of individual prcrpercy, cnrszrtits rrsi2 -v of P1oC�r, and cornetLire irst..rsare u�f � G�xi Areas, and Article I refire services to Mip%bortrood Assari.ations, [his tole .hull not tfe eonatrued :a sllw or rcegx i t thr 03*LrAM to vamce or mra i ntin S* ie&rllood pi rty or Areas dedicated to, vend, l eaaad or o harwioe ►user r3ye c�aitrvl of s hie A;scriitim solely or tie use and benefit of Residents of aurTa I# i.elbvrhoad. section 4.03 Traffic le�lation. L' A. mot awco T7 she i 1 .ham the right to pop t spew l im x c r �t rest t s dnd i to Led to the C2+LWM art! Pray lWa traffic regulatiou for use of its Streets srd CcaF n Are". The C7]ftlNM %hail also bswv the pp -es to rratrut the type of vehicles which my trsyel on or prevwe clas from traveling cc its Cow Areas. (The rpoed limits =d traffic ,rxVilstiow are collecti.re .y "Mfe ad to as 'Traffic ,gre &at Law". ) - _ f S. M* C�'ti.1K= sh I have the right to establish coforc=m= oechani f0 violation of the Traffic Reviat ia", lac-Loli og vi uvu t l icdtat im, Eta asses snort of f 1ma which shall bit collected as an icsdiri&AI Asse2scanc frw Marmara, the meal of refhicles fro: The Pen *zzies, w4, tl'l waperisial of a Hmzberla riShts and saaaa is of aojoymr"r, to the C=mcn Areas. Sect i.an 6.04 IG MO— c'e. 'ilea COti17 shell im ame om Che CD+LN TT Property and C.== Areas of nth typo. ix awl welts sad with Ouch c=Pwcira as the CC?f'iXT7 Dom of Directors appropriate. So long as ch,-ra is ■ C7 a u 8 Member, all 1 iab i l i ty and hawed i cnxu-arce policies shall swae the DECLARANT as an addi- tioaal ir:9.rrsd. AFMCu V > ' RIMUS AlD EAMCM section 5.01 tleaher s' ki st cs and U -Mu , boaryr Yauber shal 1 drib a r igb-C of as joymmt Arid us: i n and all c • =euc to aftI M Ca=n Areas, thich ri& aid •rsemeat "I be oppa tecaait to ad 9%&11 pass with the Litt: to !very Flat, subject r4 the rights of DCMA VG +der Article Ill acrid teas rig}sta of the 02*C* i'r wader Article rV. Section 5.02 Delg2ti= of $j�S, 3.C.h 0 ti M Packet Pg. 322 001310 001542 A. A ridarr eq ai use asf .aseaess� t� Arens to the feerdly, to business aai residexisl�l � Lde ar bark in or va t1.R 1iee�+er'• Tlx and to s»r's Q fiaeou, fax = I to Cl* sweat arse Vub*t to the toodicicw, liaatatima aad Mtric:ions as my be provided Z Rae in the VYlWV arsd is J`=Qrd4r1CW with the CDKKrWs rules vW regulatiws. (D 1 96ch 1+ober shall °ins rmponsible for ttao aCtiong of any Person to rhM tlae der has dale 1�f Voted his d*A of use to tb2 Ommm Aeneas. An ❑ y srSpaid chsrPr spear[ such Person shall be charprd ajsimt sxb marts prs:curally and be aaseaard a.p..itsse vas Men er's Plot. Any infraccico of the CQiiltiLWS rulea �_ ata3 re*slstions by vxh Pero= sWI be dm=W to be = infracticc by sums limier. � S.ectico S.C3 9ur-R-ace lia[rx �C, dAll cdeera are resP=ible fcr their portico of tlse wirface water mougr-nt. systm, including amxaticeav axm3 sake :a, OW OWI &&,otmly ir,-=t co =y odw lard ►rirhin &air. sudece Watervsrttyp- O ere #Totes, All owarrn shm11 gesso, s� neadad, water�floaV •••miss to end from laxsd sears this :hare p drai fiEi1itid with eery W= larch vithins-the aff-f.ca tinter ava�Y vystera. Any chwv in use in any 1cid Purim to this d=U=1t which mould affect ae nu-isce water same j =MC ay: tem '•visa l l require v* exprCss writ:en of S=O Florida Ltater MW%qP=mst. A]C!' = vl PWPMY EIGHTS Section 6A1Da-firati of C _ �..,.. ,. r�rcr=a Artaa, ❑et-sblishsl in this W. cla and the provision of Section 3.o1, the Ti4llfi 1�' S Cc=o ArraA -. psUd i o chi s Dec lame t i caw, dedicated to the CC-hiftlM in any recorded ;,ir r divialaa plat or cvaeyal to by DECLARWr for use so Ca= n Arens, art not dedicated for use by the Sereral lie but era reserved for the c use and �" rr-y >� ?oyalent Of the 6eFX and tenants of The hmprtiae or ouch pvrticas thcr>cof.afl be desigated in this Declaration, a vubdiviaion plat, or instrir of eoc:verarce. r I n� S=ti= 6.02 Ear •. The follorn a�msamno-ts are hartby y*rarted =Wor rcicrnd we.r, acrws and threso Tvw �+ Ptoprrtisa: � t A. Fa"'"aato for icstallsticp- ..eaintesaA=.- of utilities seed cable television cables and s ipmcnt are Sra 4od as iodicacad oo the t%cbrded. oubdiViviao plats of The Proparzies. A. An asse ent is here jrsnte0 to t*h instiruticnal Honig a for the purpose of access to Q the Floc subject to its mxtpp. C. %sus are berebfy reserves the Common Arras, irrludirg, without limitation, tht Streets, by M.A.RMT for its use and ttne use of }}tr agents, employw-s, I LcenNms and invitees. D. :f ivares.s or egress to -wry raid Nis tAr*L h the Coors Area, any conveyance or es c=b rare a of such a rta is vab* t to tar 1 oc owner a elaaamen1l•, Soc c ion 6.03 9--strie tim w truer Cries=? s. No C6%CR shall grant &M err- '_� upon &Eyp portjrcrr.,of The Properties to any Perxn or ent i'.y. without the privr w-riet= eocssmt of i17e x.ALwr. VMCLE Vie ASSMSIDITS .. f Section 7.01 Q-cctiaa of the lien and pktraons� tioc- A Mx- DMALW. for eat Plot c++ned within 'Me n* btrtby eoresiarsts arad each C6WDt of any Plot ay moaeptace of a deed therefor, shxther or cat it is such deed. is deed to roved t d tgree to M to the CUtLU Y: ! 1. Ini t ie l Reser m A� ; 2. A:rssal A"e— a.ts; 3. S,pw is] Aa+easrersu For capital LWrvve=ts . and (' i l 6. Dw fees for av opcL mal facilities or se_rvicea used any o:c►panc of Ehl Plot or ary testa of the CW'R or aCCUPWzt. R. the lnitW, Anrwl " Special Assessmrsrts, together with interest alai cart■ of collection, irrludiaa rs+sasahis aCtr�Cnxy*' fees, shii.ch iecludes tease resulting from asry Axxi te�mCeedirrp, shall bt a caetinuitg lien'WM the Plot ataimt ►hies Poch Fissessmeru is Mode. / C. [ac-b such A"e* mess. tcwrther vein+ interest and coats of collection, 114irnq remauLbie attorneys' fans, which iocludes those reacslting from appellate proceedings, stall also be the sOnsl obliw t iaa Of the Ptrum %4V ► as tom C6"M of the Piet at the time w,ch Assessment fell dux, w4,6i K"e sod =p2id Aistsameata sb.11 also bs the pes&xml obliVacion of each P+ex•sm wa becculles the CWf2 of the Plot. Each CWR2, by A=rpt.srx^e of. a dined for a Plot, is per&=Ally covetumirg W'd avreeio¢ to pry any such obligation •fal 1 it;S d+aa prior to or ding rho tier of his wee rshi p sad sum personal ob 1 ipt im she � 1 survive any c ore veya=e. D. Delioq<nent Asia shall bear interest at rbe vapdzLo rate alla-led by law true the date %hen dix until paid. L. The lien of Asstsvu=ta shall be considered a nest riot ioa and sexvitude rwrd eg v�i th the Land. 3.C.h Sec tins 1.02 Tsai t ial &!:Me As sCa.aatrir . A- The Initial le_serim Asseasons[ for single faxily Reaideaial are Cca=rcis1 or Institutia-hLI Pfau ahall be paid of its tiros a Plat is sold fraga the: DDMA,A.WY to an D2C. & Ifs# Initial Lmmr rs Avstssaent for w l t i ford l y Yea ide = ia1 P I a i sha l 1 be paid at the t isue Lba irlot is sold by the Person wbo caasuvcted the ailtif,mly imprnws*nr on the Plot or when the Floc is actual I, used far >f A d e t -1 ptu poscs , shirimr Mau s f . rot. The LUila?tM sham l hsva a l %, ors on rei n t l' r Y ssily usi&ntial Plou from Lbw tine tha Ploc is sold br! DMLUANT is &a aooa>;t equal to tee total Init Packet Pg. 323 J Q 2 (D CC 0 J Q C3 sY a CL V--a rrs C6 rs.. <I+ CY) O kftrYa +4ae;aa n a *dCh ►rill be pgabla for such Plot. MM [Y?M.tm %say revatd a Clair of Lien apiost much Plot as 6wribed is Swtken 7.03, but 0*11 not: be amcltlad to brig an action to torw1osa the lim until tbi rt7 (30) AM attar the Assast is due in acaordares with We Section 7.02(b) . The QMIM Y "It ima Pa+TUl ml"Acs of lie= if the not is n1biivided and bold as s+ltifsdiy Plate or vhm multifr esiv Plou bra u*W far fssideatiel purptan pcvsridad that as Asw4=z= is paid in A=Ovdwcw with this Sactitm 7.020). C. In tlu aftM DMLWNT retains owership of Qmmrrial or Lnstitutianal Plots for its own use, it "It psy tba Initial Re"rW AssassaeeA at that tins the Plot is used for C=Mrrial or Insti[utiona1 P%ep1DQ*a D. Th2 same[ of such Assusrcat shall be establ i shed in accordarre with the 03+V0 f'f Suction 7.W kyxml A.swstem. . A. An Amin As► 2==: may be Irried &4AIWt e11 oxmcCZ;>t Plots. 'she method of Inryi._q an =mcu of v=b Ascessrmt "It be detcrtcirced in wcordsrxa.arith the Bylaws of the OC34i1gM. It Assrs%ed @slaw is wed in tTutiag the •oriel ,lssespaasts, it ihall be the cm sssesmd valuatira (total assessr= for I"." TxVcov=%axe exclusive of h=mstead a iay, if arty) of each Plot for sd �valorrn tsx ps,;rpc;�j an Lh2 =t recent Collier Ccusty teat roll. �.,. 3. -Ins 95H.NM OffY collect a perti.a: ;soul Asse:imrnt .cn in -t Icnr than that sppr 'the aryl theroairrr cvyt'aem s� Qle=w: sl +krxskal Assn='~+�� sun of ial Afsua: Assessr S in as abatssunt year. provided thi[ part s cctllnctn3 in UL- asse-ssrant 7W does aot exceed the ae M approved in CL accordar+ce With tha 3ylaws. p Q Seances 7.(A r_t of A. tmit1 A.".y"meet[a and Due Cates � A. C=cpt sa-� vrirod is Section 7,06 below, AnmmI Assrs=xut levied under section 7.ti] aralI V eaar roc an the first dale of tira'r;pth folly-i&g: 1. As to e'iagle fceily fksid=U L&l Plots, t%-elvv aXncta afar the PIot is sold by DDD_Qyq � Or 'tPm the isscaarre of a certificate of cct4ancy for eacch clot, .+dchewer occurs fits[; 0 2. As CO nelti:fsaxiiy kc-lidential PIota, after the Plot is said by the Perim wt U 06 racmerrtcd tk nulti.f�.ly Iaspra t as the Plat, .d en t`... Plot is, actually used for RresidentisI pupayrs, or ow (1) yaar after the ismwrea r+f�a cartificace of occulrasry for atclr Ptoc, whichr-mer occurs first; and 0 J. As to CCc=rical P! Institutimul Plats, the vccupercy of the Plot for Cas�rri� or Irstitutioa+' pur ee, as the cast to b -or the eViration of aye yeas after the isn"Me of a ce� , v tifiUAte Of ocr-�r.crry, srhiChever ocnul fixer. +.-- C !'r9 b. Trw first Aamssaeat shaI1-be timestcd according to the neer of mrxdu ramiring in the R asaeramesst pexiod. 1` > C. TE, Ctmm 1' shall ckurzarfe �*_ u of them Assss=mts against each Plot (which &sill to tales into consideration thm prpvisioos costal Ai t}aa 7.16 }wereia), provide notice of the Asjesaatrsts 04 ,srd establish an am, -Al case date in accordancr with he 3xI . SeCtLLA'1 7.05 s�..acial Asrr�raMLa,� -�� O sddi t ion to the I ni c eel fltservx A,s 1-6 *e Aw aal Asses scxsus aua n i xed .bare , the CDIn N CaKNM may lc. in , r ' 7, a�jr year, a Special A,ssasrrpo[appliaable to that year only far the purpzet o of dafra3irg, in ► =le or in pert, the cost of may corsstjpakt recoastn ction, repair or replacewte of a d c bpi tal I� on the CZ�TY" S property or Comm AA -ire lud irq f i�ur" and personal property . . related thereto, any other aajor urks=icipoted cost incurred )�r1tht:C0tVKI7, or charges arising paswnt to Smtiaus 9.04, 9.05 or 9.06 bexeia. Srh spatial asaeaxr[ xsut:hivV"the assent of rwo-thirds (2/3) of the vw.4s of each class of ern who am voting in persen or by prcxc entire[ duly called for this parpoce. M Ssc tries► 7.06 Dec [.,&rest As ace runs[. v A. Until vxb time es the Clew h rship shall expire[ DQi.IRtiNi aha11 be exmpc from � the paps-=[ of arrf Asbesmaeats Ie+ri+sd seder Sections 7.03 &M 7.0-5. In lieu of such Msesnw. [a, the c MMA Wr &W 1 pay an As ser� far all Plots it awns i s an ampum equalf.o- the budget deficit, if awry, of � the a2tL'IQIY. Such deficit shall be the differeme betveos the �,N toildcfible fres other assessable t Plots acd ttre budVead operattoh aspca , with the eargxitw of the reserves' v0 the CMVnTY. R 3. Upon mad after the ezpiratim of the Class It menbership, t.5e DECLgA).N shall pay, As dcser. Q wed by tba D=AL R, ei&-cr the Fxaigist deficit, if any, or 2SZ of the AsseSiusams[ levied order Sections 7.03 and 7.03, an am Dtafaproavd Plot it aim and an ear tmprvvW Plot it owtis- ant been occupied. C nta for ry Plot it was that is or has bampwupi ao 7 DE3 AXWi sWI pay II» of Assesscceee 0 Section 7.07 D=zpc and Pan ial l tmpt Prapert y. t Thus follovsrj property is feria the payarxit of any Aasraarnts: R 1. Any property our+ed by or leased to the CU+LNM. Q 2. Ttae CDFLreCW S C=n Arms. I 3. ileirh� Cc=a Areas. g. property C++ae3 by, a Sovenzmnul &Sdcy teed used solely for a public purport. Section 7.08 Lien. A. If err Asselso=t, or any ismta.11mmt nccremf, is not paid within thirty (30) days fotlaware the due data, the Ct?i¢11rM sssy declare tiro entire assesx== i.re>rcdUtelr due and psyable. lire CtiifThM my at any tine thereafter record in the Public Rocorda a Claire of Lim agsinit the Plot for *4%icb the Assuarert ►a.s cue and bring am action to forerloae Lice lien in the [maser in u ichh mortgsrges on real property are foreclosed. The CIihU'(I1,f may also bring sn attics at law &gaits&.[ an Crdt to pow./ his parursa,l obligations to the CCftD17. Psilure to pax asacj3=e=s does rrt cantiguts a default under a wortgage insured by FU&NA, a. the Clain of Lien shall include a description of the proPerry eaumkured, the OMM'S made, tics a vjm tars due and the date when dose. C. No Cti % shall be relieved of the 1 iab i 1 i ty for p &yam of ,[saes zmu s becA.T.W of mx-- or Packet Pg. 324 r'e 2 rs-s C" D. No OM my waive or othe:wiseV�cDo liabilic for the ~v` y p+ymenc prorided for hereie by 3.C.h �,e. or ,bemd«temnc of his not. Section 7.09prio Priority aid L's_xicgu *shot*of t2e Lien. A. the ltao hatsin crated is specifically declared to be wbordinats and inferior to the lien and operation of say first somVp encumbering the plot in question given by the O*42 to so institutional sactpme. for the pAapces of this section, an institutional mongsrgee shall be a bank, -savings " loan am ciatian, iasuraaco wens, amnion peaian Fuld or any agency of the United States ggymmmX, or arty Fmrsaa given a anortpps insured by the Federal H"irg Wainistration, the Veterans Administration, Federal Rational Hx%pp Association, or any branch or apmy of the United States ga+ersmmt or the govtnssnc of the State of Florida. Purthersore, the term "institutional mortgages" shall be deemed 'o include arry sxtps- gfm that Df'MA1tW shall declare by instrument in writing and place of record among the public records of follier Coasts, Florida, to be an institutional mortgalyss. 1. la the avant then linen hersin cruead is extinguished by the sale or transfer of a Plot pir- musnt to a fomloom, of a first mcv%Vt a, uch deli=?.Wt Assessmeru.s wtdch went aairguidhed coy be rullo- catad and aaamd to all of tb+ plats in CRAM$ Any such sale or transfer pA'su"'t sso a forectoaure T. shall we ralisve thu puroaser or tr-„refe.Yae of a plot from liability for, nor the Plat frcm�th: lien of, crTy Assessments musing therwAsr. .-. C.. the un herein created is specifically declared to be superior to arty lien created by am � lkLghbo.-h-md DwI ttan�tar i�ad bf any Heigt�b rh=d Asa=i,tian, a .Section 7.10 llectian by ?kid1XTChD,Od Associstics». — Q it c6:pui the C�1Sf11�IY to its Dylaes, all 04M of Plots for which there is a � Meier As.sociar-Lia ley my Assessments lev^iad by the COMM to the hieig}r'�otinaod Ass�iaticn. � � Each rhighbo:$xJd Asj�oc- darn; ahsll haws the duty to collect OatoM Assessments on Plots within the t) his% , timely resit th q,4agt to the CatLUM, and notify the C31tWM of Plots for which Assessmento r are delimsnc aid tba nastA'and address of ►hs O *M thereof. the CDtUK 1f shall be entitled to rely upon ihs infosmntiom given by a laigtibac4xgod Association regmrding dalintpAtmley, and ispcioe a lion upon such 0 dtlinq=x C3MIS Flat in acparda, ft,,k h this Declaration. Provided, hmever, the COltlltM any, in its V Dote dLscraticm, elect to collect Assessments and ..t er charges directly frcv any QWMM personally. 06 1 Sts�uld a asariation-f to collect asse ovenu from CWH7S due to the particular 0 as.aociatican, the COOVXM or the now of the ?CIQ00RHXD association, and at its election without an obli,gacioa to do so, collect (`such, seamenti and pry same to the HEIGHBORiW association due the � R ma s.sr=,Cs ouch waits due less costs "ailed ae. .s, including legal feats, incurred by the COit1NPT7 or v 1gi ALWr in Collecting sbaeh nm=3ts due.'"`a�i Seceders 7.11 despise of Aasessmeac�'„ .... the aeataments lev sd by the Aai cat odeshotI be used exclusively to preemie the recreation, heath, safety,' and velfare of the residessts 131 rties mid for the ice"' Weaenc and meintau to of the to Caen Areas♦ N tiara 7.12 Annual Assessment - Until axivary 1 of the year inmediately f5n>3'ivic g the cooveyencs of the first plot to an O.Ter, o the mmx� wn al BibtLswent shall be dollars �i!�::, % per plot. N ., (a) From and after January 1 of the year fmmrrdatu;„fgll.avug the conveyance of the first Plot to 0 each year y mot aQct than a percentage an Owner, the amximss aanbsl assessment hey bt.}*ricT.� b J reflecting any increase in the Cotns+sner Pries lnde>e-Ail fifte�ors+ti above the sa*;ms assessment for d the previous year widwut a vote of two-thirds (2/3).�PtiA*`.Uss of members ut�o are vuing is per - am or by prtrzy, at a mee:irg Ally called for this purpodICC. r, (b) Mw board of Directors coy fix the anneal assesam�lt t'a6\AmouC ax in excess of the mcsi- Cl) j Soctian 7.13 YbeLe and Q:xxm for Any Action Authorized Ueai�r Arc} u VIT. Written csot ue of any =C u.ng cal led for the pur;oee o f `e4kL r any action authorised under this Article ViI shall be sem to all mambera oat less than thirty (30) days .nor more then sixty (60) days io y advarwca of the emetimg. AL the first such meeting called, the preserve of T66-era', or of prudes emicled to a If the cast sixty (602) percent of ♦11 the votes of each class of membership shal,c4"tituu Quorum. requited quocva is not prtsemc, another weeting may be called subject to the -safe notice req,irvamt, and the r roquired quocm at the ribiseqwent meetL% stall be one-half (1/2) of the rauiyd qu4cua at the preceding Q nesting. No such semetfrg ,ball be held moss than shay (60) drys follWLg Lj�ie precedirg Petting. Section 7.14 Onifocm Date of Assessment. -✓ Dots &need sad speciar ass se`rt_■ oust be fixed at a unifor. rate fqs ill slots and any be _ E collected on a —hly basis. ' ` t c Section 7.15 8ffect of et lisaessmeats: Ressedies of the Assotiatioa. Cu Any as*"smaa we Pdid within thirty 30) days after the dos date shall be fi th t free e Q don data at a rats we to exceed the mesiaum rate ,llajabls by law. Said rats stall be� deten&ad by the Asaeciation from time to ciao but not less froquencly than on an annual basis. the Association Day bring an action at lase a{peieat the Owner personally obligated to Fey the taw, or foreclose t$-a him against the pro- perty. NO Diner may veiv�e or otherwise escape liability for the assesamr-cs provided foe herein by mo&%ss of the C timon Areas or abet of his floc. Section 7.16 Cable Yelevisios Services. 'the Aaaoa:1aC100 has entered Into an Arreement co supply the residential dwelling owners with cable television services, a copy of which shall be kept on file at the officts of the Association. Each evidential dwelling weer ,ball be rrspoasible to pay any assesxanus for able television service pursuant to that Agreesse nt regrdless of whether said residantial dwelling Owner is an actual ustr of the cable televi- sion aervices. The ACreemenu requires the following fees frees each residential dwelling wait: Basic cable service progrumaing to each residential unit shall be $10 per ■moth far the fine three years (frm the date of that Asreament) and $10.50 per monxh for the follwirq three years. rnereafter, the monthly rate for basic :able service will be adjusted from its prior amount on the basis of any increase in t1a perrencaga of the Conswar prig* In3ex for the name period measured from the beginning of the therei.a three year period. A like percentage incream shall be added to tee preceding bulk subscriber rates. such increase shall be limited to Packet Pg. 325 3.C.h d z (D C3 0 0 IL �s r G+elw percicrnt for Loch throe year period. In additiv to :,rrraaes is the moot ly rare for bulk basic cab.4 "Mee, the cable telavisiom service prvrider shall W alL-W to pass on the the Association its required p"'e " to prrFaomrs of satellite telsviaim chernels p,vri4dd to 00 pretty w%kr bulk basic cable ser- vice. At suit [Lies as pro rm arm such sa CM, CSN or ot}*r basic Berries W.411ita chara,els increase their per-aubrc-ribet charges to the table television serriee proeider, said cable television service provider shell bill the Aaacriatim accardirCly. due Asaaciation shall be responsible to collect all ssasssueats pz-pn[t to this Section frw t!a residential drwllir� anrsr. Lh*d &""amaxl: pauam to ttis Section 7.16 sh;ll be goft •d by Section 7-CS herxiri P"wusm to Cho Auw=wit Vsterad into by the Associ.scion, the cable television c=W7 s}w;l have the rigu to wear into "pemt¢ mAwriptiw agr&= ►ta for premium service with any residential dWtIlir13 ucit occupou . All pain xrvics or any additional direct service will be billed directly to chx resid¢'atul dwelling unit occilp". Section 7.17 Amendmanl. - 1his Article may be and frm boat to timm throw the By-iaNn of the Asscrlation. AiQ"= YIII C Rzs13,tr: clan �tCL10i1 i�� 'AdCrlcCiau3.. � � il,a Propeytic� .dy be used Ear those pcTuoaes as provided i n the DDMMAh r' 5 .tie s c e r Oeve 1 crm• n Plan.. uMMARAM r hole y unto itself the right ad the paver to assign and rtaasig► vxriow land u� to "Wl- property viudz &kxz. Section 8.02 of •Plarns L,1j S i f icat ions. k D03AA 'rr Stu ,?s Cha authority to enforce the provisions of this Article to Ion, -as Lti AXWr owrm prcpert7 in l�hfT9M for &r vlopwr t. a. So lit shall. b-i ccrotructed, altered, plaotad, rmoved or maintained, including Isaprt ..a urdert"_ by the ORliWMor a New Associaci.cc, witfau the prior written approval of the D02ARW rePrdiag (1) L'�V FAM30 of its exterior dzsign and location in relation to, and its offset upon vLc:roudirg str►sturas and Elm 90crmll. ccmmauty design; (2) the chanter of the Merior meeerials; va (3) the quality Of Cl:a estariex wr c. ' `;}'the DeCI RAN'r my. but is not rsqu i rad to, pn=l tste resign Rzview Guid+elims from tint to CUM ant "gtg17 chat the construction of the Imprmweats be done in sceor- dare* craru+i Ch. �) , C. Each 4#Ot shall, prior [srrtt,i;co�5 1rc,s� of arty Lmpro+axiu, subadt such d cunmtcs sW) aster is 1 a u slay be ruwi red by DE70AWM. i ncludiA j, bkkt not 1 inn bed Co: 1. Initial plaua to includar'a Site analysis, schtrntic Ianlscapr, plan, floor pia:u oral exTxrioC elrvatieres; ;/` ..� 2. final pLans to include eoloit.#d miU'17Lel selections, Iwidscape plan, final site plan read a cxplete set of corwtrvction pLasta and specifUsti'�,'.. .` D. Aftar rweipt of each =rewind nula�rfal, t DMAKAHr shall in rrcitirg approve, reyrct or apprwe ceab c to char*-, rnch required plarn, prcpm Is spaca'Ifi.cations as are submitted to it. E, if any Lupruwazent is cosastrucCed or a!,tYsalt tine prier written approval of the fir, the C12dOt shall, upon demand of :ht ppCx,4RWi, ILtsa•uCfi Imprv+pmrras to G rcaa^cd, recascieci or restored is order to cowty v:th the requirements of this Sect 4hc,CT.t M shall be liable for the payasrnt of all costs of sucb r-WV%l or reatoratizo, includirq all C(mrd " attoretys' fees inch. x{ by the fir. 9aCb costa slay also be lice basis for an individual Aaisc*diwz . The Df13 RANT is ape i f t ca l l y =porresod to cafrrrve the ordsitectticsl and landwspirg prov-6iroos oPchi WDW-I;rsti= and of the Declarations of cavern-4s and rwtti.crivaa for the 1%ighbod=ds by any legal or itab remedy. In the event that nt beeMes [.-=$eery t❑ rsQ= to litiption to determine th* prrapciecy corstruc[ed Lmprove:mnt or to n aaft any unapprvead bapraonmmt, the MMARAn shall be entitled to recovery of co�[rt coals, rxgn,es rrai attorrnMA' fees is carrnectien therewith. to the evyart that arty OMM fails goon- y Y:th the architectural arrd lsrdscape provi sites co=Ain d herein or in the Dtcux"iow of covessr and restrictions for a Meier, the DMARAN'r may, is additim to all otter remedies con[aiate in;, record &taint the 0�1Ct'S plot a act" stautirg heat tbz impcwr�nts no the past;l fail to wed -the iraatnta of this Section or the Neighborhood restric t iams. . F. The DECLARANT any impose sLxrdardA for construction and alteration of� s r+ach my be g-raatar or more scrin@w& Chao stet iads prmcribed in applicable build4, sorurgrtor c.rhr)cal devel cp- worm codes. Ho+ever, the approval, rejoctian or with�Ol LV of any approval by the I£Q.ARANT/of the plans, proposals spec i f icat iorm and the location of all s t ruc turn, end every al terar i.cc ❑ f any str9mums._) sha I noc be conatned or iate.rpceted as a represmrscica or deterainstiaa by the DEMALW or the GC2filNM that any building. plumbLM. electrical code or other applicable towervioxal retuLacion or re,u.iremcat has or has not be= properly sec by the O+YM Each Cat shall be resptnyible for obuinirg all rez-rtsary technical data and for asking application to and oh:+tainisrc the approval of'Collier County anal any other appropriate &%xerfr emial miss prior to csmmt of any work or cons:ruction. the DeMAAANr shall be entitled to eruter upw arty Aloe &aitg comcrocciaa of an I=prwement to entice cwplLma with apprwad plan end specifier t i on. Neither the DF,CIARAhtt, the Direr wry or Officers of the CCkriUM, nor airy Person ac t irg an bd c h f of arty of Lhm shall be responsible for url defects in plans or specifiuticv, nor for defects in Am LmPCVv musts coiscrtct•A purruaot thereto. C. 72se DM ARANT may adopc a schedule of reasonable fees For processing caq rsts for approval. Such fees, if arty, shall be payable to the DenAPMr at the tin that the plans and specifications aced ocher dx%=cats ass submitted to the DMARANI'. stye payCCOr of such fees, as roll as Other uses of [he M2.ARANT required to be paid by ■ Plot C6itF7i Sha11 be d&=ed to be an individual AsacssZt, enforceable apinst Cho CWHI ash the Plac as provided nervinabove. Neither the LaMAMn, the Directors or Officers of the crWAMY, nor any Person acting on behalf of ury of theme, Shull be liable for airy cats or dances ircurred by arty C6HM vithin C%WM TREE or any other party whatsoever, dens Co any mistakes in judgmMe, Packet Pg. 326 M *Wis=a cc sqr actiaa of the VKLQ I In uanrtVWQKapprw&l or disapptwal 1% and rpwifi- 'catiaa. lase pasty aub&dttitg plmw seed rpwiii;atioo& far approval &Tell be solely re-spwaible for On suf- fi.cirrc7 th awf amd for this duality of eoastr.•. Liao perforved thamco. faecd on 8.03 Cc10n. ME, 4=070r colon n ,7 atrLrtum u+rii be perenttad that, is the wla, jwd� of tit [>8Q. L%n, wmdd be ice.-^ or i=xCr aas with tilt M M, The Properties or the partirulix ilsipIbxts=f. An7 tu=w c zri.or color charges chaired by OmM must be first approved in vr'iting by thz i1M.+% G in accardanca Tito sectica a.m. 50--tica 6.04 iactarp- b.cilt scructursts. No strxcure of wy kind that is eorvnly knn..n as "facto?-b► ile% ''ndulae% or 'leobile hoar" typet of ecastruction "It be arectad wid=g the prior written permission of the LEG1A n. !:xti.an 5.05 ljsxts 2 ea. !silk areas =c covered by atrwpavt, vaikwM. paved p&doi facilitiu or creme approved -oy 1 C AWU to ba left in tia:r maturak iota Oull be mintainerd by the Owner. Lrclvdug the w*uring thereof as �, as Ices or l�epe areas, to the em pavent edict of say attatixg streets sees to the vaterlin of any abating lakes, canals or %a ar �t areas. 1b stone, t:rn), or F.aving of arty ty^ shall ..e •-"e as a lawn ynirsa aWr'o-jld 91part of {he firsal lardscape plan. All lardstiping shall be :v aCc=,&= with a plc+ by the DE1ZAWa %#ich shall be rub ittod prior to clearim of any ?Ix for coromictia., r,1I rvgaared-lore$ and lmrsia:spirs; &.hall tie cempleted at the tier of completion of the strn&- turn, as evideac-cd by that, of of a Ccaifi.cata of CCCLTarry by the appropriate V.;-mr -rntal ap-rry, sees whall b-- kepc in Szvd• ry ,cOnditicn by CAfx, Sxtioo 9.06. bri=s@ d;Paritir4 Arens. no Fvml, 4Lathtc�p-bc osier prftd ranidential pa:kirg stripa will be allaed wless first approved in writing by tie DEOALWr. arivomp and ,arki.raR arms Est be commcted with materials as first appr-,red in vrit i m by the DVMARAi1r. Y- 1 Sc:rica 3.07. Ir a-d iisilyty Lirsar. All alwtric, tala-ptssnt, , and other uciluy lines west be installed underground. sw t ion 5.05. him and lrs.. :*a MAside , &MU= , polep.. ►mans fists, s&tillita televisias racrptian devices, electronic devices, &=wn' tear.-•s or cit;-. .., err+ .•{D) or aaYuur bard Lh+a1i antarrtis shall be pence! e�s7t as apKo%.Gd in writing by the DEUAXtiN -. 'fl le for dispiry of the Amrican flag or any ocher flax shall be peenttad if first apgrvved in vriCiptAby poMARMM. both it.a desip and 1ccation Rest tx first apKoAv in wvitirg by ttss DMAWC. ►0 aw� tlavoi; "n we be used as an arum~&. se,�-tion 8.09. and rrces Str&turua . ib crate or umgxary strucsur= shall be pitisitted urdtss their sire, appearara:e and tePcrary lava-- ti.bn on the Plot haw first been apKmtd in•srrit' by I1fnARA�T. fry sigma to be wad in conjunrticm with any t erg or tcsPruy s t ruc turn s�:at 4190 be a�Ln t irg by the DDaAwa. Adn� tr I ardseapira mull be icmulled � as mxined by the �U aro'� � t arj�,atr cure is sufficient desssity so that it shall not ba rzaldily visible from eery ad*cnt Street o�TUdP- Ho accessory ttrtrcure shall be per- mittad e=c;-c v'ith tke }�v prior Witt= aval of the DM � section 8.10. cu tdoor All gar`adx and trash contsi ner7 ; oil E m*s, boc tle+d sbrimmi rig pool equ i paerst , hcau trg and � G and Wer wx:h outdwe equipmrra must be placed .milled-:n or pincrc' in sight- serem-od or fam d-in &roes w that the shall roc be readily viaiblr�f�'�'T�' adjaceu. streets or prap�erties. Mbgrvisa. r �scrpi=T% shall ba inatslled ar=d these facili , s meld xrinuirnd by the C6MM, A]1 =j lbra�a ales►! 1 b: ciders p avh sad frM the t771iMIIY by the Gu7+E7t or . be,�apgrwed by the DeaARAn prior to inatcllatice. No cc—pzW tvtmo or drivcrmy reflectors stall to instilled on airy Plot. All outride &pipets shall ba cam: tad to pocabl e water col y. Sectica 8.11 Air CcaiitLmi 91 WA H"t ir4t Equi r Ali air corditjoniq ad lit irg uni is shal l be atLsal ded and rud 3m so--wit-C?rq shall not he rrs,d i l ) visible frta any adja=C Streets or pttz.-sirs, bulk air eccditiaLiq units my(fe pedmitted only UpOn the prior writtoss aWrwa of do M=Aif C. Viakw ►ir cordiciming units SWI not bit tt4d. Sec t ice ft. 12. Solar Collectors. Gonstrucuon our Solar collector stroll not begin tmil L>EQJyMr has P'�'d' app r�I of the kacr- tion of and usun-Ijls used in cbe coostr%xtion of such sal er collectoc. Section 6.13. S tb aignx, frM"t�irg err nclrer-i insullad, &hall be erected or dislsycd m of oc strscture, �� the pla-mt, charxsrs, form, si.z lighting and beer of plwc-= of sucb silo is first approved ie vri t ing by the i'l a.AW. Ar 1 s ivvs cazs t a 1 so rooforn with ywt C==aal Codes and re;uI ■t ions and with any aster design pLarax for signs established by DEMARWr. Sect ion a.14. Valli, Ferrvs sad Shutters. No %all o: fv=* shall be ctastveted on arty Plot anti1 its beight mad 1acntion shall hm first beep approved is writing by chit MMAR T. The hailst of arty wall of fewe "I b2 -a-vd from the edeticg property elevatiow. Arty dispute as to heishc, lcrgth, type, de"4n, ccsapc4"ion or material shall be rsaol�d ty th& pEp,►,pA, U, ncca.e decisins &hall be final. lip-Icare or awns shuLtors eery be uaad on a tecs- porasy basis, but &tfsll mx be stored oa tee exterior of any strucu=r unless approved by tPL'I.APANT. Secti l gxurio i.,�i . of a plot shall be ac 1 i shed im sccnrd.snce wi th a i ight ing plc ippCIwcd is All ester tgist � °� writing by the DCMAZQC- %wrim 8.15. Clothes Dryioi& Ara&. 3.C.h 0 04 M Packet Pg. 327 3.C.h Q z C7 o Q C� O CL LC'7 LA-s f-e_ 110 aut6on ciaC>7ra dryiqg +rj, ¢ ualeasa eppr,ovW in vriti �w TQ1ARAsiir. 5sctiao 8.1]. Itut-ks Cssssrucial vehirlas _1bbile 4, so"&., CaM.Ers core Trailers. A. No CWssarcial vahiele of may kid &Wl be parsdttod to be PLr LW on a ?loc for a period of sores than fog (4) bcurs useless such eehielc is aeca ary to the actual construction or rspair of a structee or for g'r=d aai W'WWo:Q, or aches otbzrwi ea appm-ad *,y tbt Assoc iat ion e i thrr in its >!y-'Larrs or on a case by case basis. a. tso track, c0mereiai •rshiels, and no recraatice vehicle "II be parcel tied to be ps rkead o'+trnigst ual ess lte, t fu.l I y cx Zosed iae i.3a a : t ns= tur'e . C. tb bast, best reader or oLhrr trailer of may kind, cssb i la hone c da Lab 1 ed Yth► c 1 e cha 1 i be perm t tad to be parseawnt ly >wtcd or a torari on a pl oc vex]c" kept fully sec heed inside a s r rue t, ry . D. A truck or comercial rchicle my be pukM on a CasaeMW plat for periods of core than fc a (4) h=', prvridad tint mxb ■ rmKicle is necessary and incident to the activities pemtted-oo the Plot. O,eraig�z psrkirg of � v� a chicle to ptratittad only to tto rear of a priaeipsl str+x[ure on a C=mrrcial Plot. f. lb= �f the of rti=ed -&delta shall be used as a damcile or rsiidencue either per Fatly or [aqata`dily. T. PLrtVWd A,.thrc,,ch I chal 1 trot bs to prohibit arry tempxary f ac i I i ty psrmi t ted pursiwu to section 8.09, w. - sectim 8.18. Pets Ar 'WIa. A. Cc=calp• epSai'3 usehnld pets rich as dap, cats rn'+d birds my be kept in rrisarsable rs=bers. All arils sbrli be c $o.tFa CWfX'S Plot and shall not be permitted to rosy freely. All animals &hall be cc a leash wt ro ouzs{de the 04U f l oc. 8. C rcici activities itsrolrii.ot pets shall rcK be allowed except that r Asarmble cccuarcial erti- vities may be permitted 0a a CaaaeM'L4?'Ploc upw the vritten apprwal of tht CCt4MTY. The 00+MTY, v; th re p d to C=WrCi&l note, and the PbMA AMr. with regard to uoncaazaere ial Pl oc s , m■y e s tab 1 i sh limits as the rgnr� -Uld UrA Of pets tPaL =Y.A'&a hapc or permtted to be kept on any Floe. C. No horse, cows, bogs„. swine, soots, ."cke:a, pigecns or eery other such animals, fa+1 or regtiles shall bit lurpt oa say of The ies Section S.M t%.iotftMrcY of p'rvail"... No � , srsderWwh or steer uznus' ��wth she l l be pens i t red to l;ra' or rare i n upon any p i of and no refuse or uraiybtly o>bjwts A41 be placed �allou�d to rosin upon any Ploc. A,lI Ia-ra, Iarriacaping and opciahler system+ cmd any pcWerty. str=tLwe, s and appurtcaarrea steal i be kept io a safe, clears, orderly =0 atrractivc condition, end all atnsttaes. 1' a Miar.; d in a finished, Ointead and attractive condition. Section S.N. %Larr le st am Arairsa�t _ Amld: A. No c trvc treys of say k.Lrsi steal l be C�u ti uC exxtac3, nor shall as C 4qn i o any wy chs.-Ve , alter, isTtde, revise or o0wvias LmLe e"xa with the tuw'ji*tic VOlssr of rater is any portion of a ester wwu " draingp sees re&mrovd for, oc i-mded,bfi. p R,ytr to be reserved for, draiaW +says, sl%L,ce.aya or for the accuwLuca of n=f€ vusttrs, as reflactad ' say plat or instrumaL of record, vittxtiat tha apecific written pendisim of tha CatvtA'i']t and the : D. An ONM ahall in no usy deny or prevex by DMLAXWr or the 02+LWM to sucb water ngvgc%n=t =id dratnr ra Mesa far wintenewt or 1=The rift of irtBreas and cgiress, axed eaaemerit6 r—rfvr are busby SprzlflUllr rtssrvad aasd to fox of the C+CI],UWir. Lh a>mmm, or =y sp r.,: at: yaert=tsl or q.usi-zcver=%W eery reascrAbly require such Ing, ra and agsess. C. his Plot dull be i=rBa."d is sue by filling is aay Water rt ua or drainage arrm cc vtzicb it abacs. LAUS shell mot fill, dike, rip" -rep, bloc's, divert or ctanp [hb est4A1is11yed va:er retention LW drainaga asaas that have bats or eery be c ms red by eAmuvir v i thwc the prior U�i t tep costa= of the CLl~lt xM steed the DEMARt.'if. r , a. Conservation Flouatr Ames %tLkh are in Cypmrss Areas identifi io the Sough Water MLrwWws=s[ permt shall in w %try be altered frca their natural sots. ►r[ivitiw-ftoi ibizad in these areas include, but are not lixatod to, construction or placirg of buildigp ea or aboMF, the dvWing or placiat sail or other ,5xbztacx s %kx as trash; ranNal or destruction of crew, shrub",- r vevtscim.' recevati=, dredging, or = wal of soil a teri3; diking or faxin; and soy other activicids detrimmul to drainage, flevd control, erLW ¢ono roUinn, troaim control, or fish and ►rildlife or Kescrvst ico. So ao, fl.21. Adtacces. ibthirg shaTlbe dens %Aucb say be or my batons as amwywxc or trsiasatce to any Person or to a Nxigf . lla obacmian, tr PULMOt or o f ftm f o. activity sisal l be carried on, nor ahal l scything be darer, which can be resxxrably construed to cooatiwa ■ ouisance, public or private is nanzi. ib ssrtcsxubile or other vehicle =%:ba ical rrpairs or like activity ahall be camducted cc any Lot, Unit or Parcel or.}rr then is a t amp sad ra=ea 1 ed f rue public view. Any g4ica t i ac with rears d t o ;.he i rttxrfa a za t i vn o f S -- [ im 8.21 she l l br decided by the CD*LN 7Y ubooe docisica shall be final. Section 8.22. day ARA9rS sad the Q! V4 IY' s prrul Pa t iorx. The 03tiNTl - and DM AfLAl1T my =rest , withhold or dray its pes,m s s i on or approval is arty i ns tevice ,Keene its persia&aixm or approval is persnttad or r.quired vit]xsu lsebtlit7 of say G&mxre to C1.HM or soy ocbsrr Peraao for say r--.M Wb aN-C+tr, a:QJ say ptxmiassoo er apprMMI Ranted %Wl be bLoding erases all Prsuscm . 0 04 M Section S.27. &Mivisim and !MLtioo of 1►gtd. Packet Pg. 328 3.C.h J z CD ril J C3 O O rZ A. 1b not Add be divided or wrbdivol 8!ffii� �j c i° r+qu4reesaca 0 to c t wits the m critter cr enPtAP �D y PrOKSioos of the Muter Deval ► rlro � atoll CCLAyAMT asaiga the ataher of &allirg wits for sacs llssideatial not, sad the a►,thocf, d & alr,�foot orf sacs Comaercul or loacitistima not, �ieb limits shall not be increased b7 awry � ang shall not be weeded without tics prior eapraea written approval Of which a discretion aE � pgxwsl my be destiad at the cols Any action taken by OAKr or an C 6H2 p=v6wrt to chile paragraph shall be is otroarde�s with lord cooing. a• NOCoarrt, Condition, restriction cc other provision of this Declaration shaII be construed io �aiusa waa urdsait limiting �'u or Pring � Plot, cad the Ia�cpmawcs thereon, hvB beiv>t sulaittad co a plan of P• A cos a{cae shell ®ot be eonstried as consticuting a subc.rision of any Plot, pro. vsded that the madf of Tcsidc='al tlait.a in ttu coOdcodrtiva is not greater than the cumber of Residential Chita assivm d to the PICC. the 1last:t Dsvel An shell not �x�cte or Lvplcernt nay variation fine eodifiuti= to or aser�,lt c•f apes; PLaa or nay other govarr..notal plans, lard development regulations,` development orders or drvclopznt pesraits glapl•:c. is to 1RL, to 11a Prope, iv or to any Plot, vitia�trt the riot approval of De / p Yritt m ya:tkc and M=b;er Ca�liarrf. A. �SfA�tr, a cwenmts, caditions, restrictions and other previsions of this Declaration Mall apply :_t only t;o- and Pertrons to `gym an U40 has del synced his right of ice to any CsTtL.rPiITY CO== Ar". ,r rz or property► if'sny is created, but also to arty other person wcupYic% an C 5 Plot Uxler fry ..filar �ressad or diedC or by per�ssioa or invitAtim of the t� or his s, , t' `ur/ftsce or guests. B. Failure oC an pwNct to notify any Person of the eiasterrce of the covenmus, cordieior., restrictions► amd,other provisions of tt4s Declaration shall not of 1 in nay ray Oct to li,9t or divest the right ANf` the or rimed Association co enforu the provisions of this Declaration. 'an shell bw respodible fop and all violations of these provisions by his tenants, delegate", licensees, io+ritees or Basta, a., gustis i tOnnets i.11d imitees of his tenants. . `) ARr az tl . Section 9.01 and Autp — 7ha C 14Tt M shall C~3 regulate tfu a of the Properties and the Improvrmcn:s thereon to cants and coraerve a quality esrirx=nt f chit entrance the value of TM Properties. � and occuperts and .o protect the invesomem and Swctio® 9.02 MBintanancy Trquirement. ` A. Ln ord" to protect property vat'' ' and- �onserve the environment, maintena:+ca of any of the �'S Areas, stxvitucits or I.�ae:At shall be in full accordarce with the restric- ticns eM guidelines establig-ed purtouaat: to this Article ArJL4 le vIII. NO sicsacion shall be allowed to Wrist or continua Chat rosy be or could become an a wryare' of a to the Members of the CLTti!? Ty. 8. the prprcedi% roquiremrnta of this Sect stsd ' so apply to arry Ploc, any *iZhborhxd Cc+nnsava Ares or Uyraft=at in the ev=Z that the and enforce effec- tively cc>�sr,ebla saainee � `y tivo fails to perfo >.sro reg,,rlation provisions, as de ; tlye, CO".NM. D* cos: 'of such Mier tCrwe-A regulation shall be assessed to say such plot or lieighbwt!dd > Os ocistioo and shall not be subject to the lisitstiaa of Me Asseaa�ncs i►r Sections 7.03 and 7.04. j C. Us MCLAAMT shall ben entitled to enforce the prari�orra.�rf this Article if the oQr4nrtrr faals to der ads. Ile provisions of Section 3.03 shall apply to this pttag,T% Section 9.03 Wcdelines. A. My C0*QaTf my develop and pramrlgate poliq guidelines or , ` appl iut iar of property sninceaarCt prWisioras sec forth in the Declaration. Iha policy guidelines dude (a) procedures. (b) tapacts and ob*tiv= of proptrcy nrint.enance regulations, and (c) general" pal' and broad st:.isrtts used as criteria in deterarinirl the Whicvamc�nt of the require! objectives. !i. In "it'= to such policy guidelines for achieving the requii�d'` " `;ides in p.rticular asaintcsrsrata problem frs tly ascataa[srsad is The Properties, the CQl4JKIIY ®ay deveI`¢ rom,lgate tyipi- Cal specific prwtices that are generally acceptable sad naaserepcable. The policy` 3eli s� and any suds specific practices arre intended to assist the CDti1?M, C6tCS and Residents in the oc o ng process of appropriate Miumiance of the Plots need Cc== Armes. Section 9.04 Mandatory Mainterirre of irdivihsal Prgvxm. A. • After acgni rirg title from M2AR, M all C 6NM of Lot a Uo i t s r a arc* s wtether or not improved by a dwellirrrg, shall, as a ssimiaLM, keep :tin grass regular 1, ;.,t and all :rash and debris removed. D. Davos. Eacb Lot, Chit or Parcel acquired frM the DeCLARA?fr on which there is a C=pletad dwelling shall bs � &tom in a neat condition by the OM thereof. Le this coccea, the words 'toe, 'Umie or "Parcel" shall include that portion of property fns the boaidsry of the Lot, Voic or Parcel to the adjacent paved rood nrrrfsce. '*.&" "I require, at a .aini' its., that the lade be retularly cut, watered and fertilised and that Qalthed areas be regularly rtm,lched and ksyt weeded so that its appeararce is in harm with the ne.i*Iodwod. All LOU, Units or Parcels suet have grassed front, side and rear darns. No gravel or aizilar type lawns are pensittcd. C. lister ]detention Areas. Each GmNM of a Lot which borders a vacer retention area shall mair:- tain airy portion thereof as say be vtthjn tlx boundary of his Lot. Sucb maincasvve stall include removal of aquuic wee& and debris. biisscing or bathirg in water retention arras shall be prohibited. Docks or other structures any not be erected in water retention areas without the prior written consent of the ]hoard 0 Packet Pg. 329 Directors. 3.C.h All ouiar uw of water rscaeoti�afZid4hia11 be avbject to tba prior vrittm appcvval of the Dc!aid of Directors, and Pxb rvla md ceMAIa~tiCUS au the Dorrd of Directors any adopt icon tine :o tim. Section 9.05 Optional Na" ssAnca of Individual 71a ODKD TY zuy, but is not reqLdrud to, offer opti.00ai exaarior miateryrce for ur, Plot. » satariet asiatenave bey include (viU=A being lisdteid to) thq paiating, repair, replacesmnc and care of roofs, attars, devmprea s. the aaaaricr surfaces of buildings and, to the cunt eto CQUUiity Via,,, fasces, landeasping, valks mad other wseriot inprwesamts. *m n the 03*VK TY provides,minArwve pirsuent to the pawisioao of this Section, the cost my be added to grid became part of the Aasesaaent to which tls Plot is subject. Sarcion 9.06 Corrective Maintermrce of a Plot. In the event aA O&U of any Plot to The: Propmies dull fail in his obligation to aeiatain t.be prersi aes srad the IzPrvvearct a s i "%&d th2roca in canal i=hca with c o mW b 1 e r equ i ram rims and guide 1 i nee K t ors in this Declaration or by the CGftf{M or a Naighborl Association, either the cD+VMTY or the Neiy%borthocd Association, after approval by a two-thirds (2/3rds) rote of its Board, shall have the right, its asems and employees, to rntrr tq= said Plot and to repair, ssainuin anti restorr the Plot oral the e eriot of the buildi bad any otha: lit eracted there= The cost of such exterior waintertarce R -shall be I to me pa'= of the Assessment to which ouch Plot is subject. S$etiari 9 07 ,9*rrwtiva F%j ztexvme of a Nz&e2 t od am= Area. CL LM that ac7 iWAssociation s.1a11 fait in its obligation to msinuin any Q Naighlzorimad C== Ards Lea Tz s situated thrre^h in compliance with the requirements Ord � gtieid>slirhes net oeu ire T2si;L-lsration, by the CQ9+,1pQ17, or by a tieig,Docto.�d Association, the CLPi'UMITY U ai:•r approval by a 6; hifx� (2/3) vote of its Board, shall have the right, thro its agents and 6rplo7vw, to tMer upon.sa�W palesel amid to repair, mainuin and restore the Neighborhood C eon Area or Inpr'gnmm"-j thereto. 'Sit coat of such &hall be added to and Do=w part of the Nei�lbOtllpQQ /issociatio, O /� sea 1t are be re l by the • As soc iat i ors t o the CCKCK'Y7. L) ^idt Sectiou 9.08 Asses_ _ S. 06 Any swh addend Asses, ender Seetioos 9.05, 9.06 or 9.07 above shall not be subject to the o Yi�itatioo of fire Assxssas.:: lee Se it ,qw T.0 and 7.05. C9 [ ins 9.09 Fntr� gtits trench Clavt and each Nei �d� Asociation shall permit the CCMKM•1Y'S Officers, Directors, agents ®rid employees to "or upoi the t x�',SCb`t�W�eigliborthreod Association's premises at reasonable times, U C ar to eaiataia char CCY44"d1iY'S :. :.. Arena and c x+ae)tss;tito redone refuse, and to provide the exterior msinrcwce > peraicted La-Arr th' i Article. Such entry dill <ii:.lude the right to use of the 04,ER'S or Heig�rtood ' Aar tat i00°Sa water, Eras an outside epigtat'.jsr la Szoonits, vrithout compensation to the C642 or LO N Mei�borb od Association if used for maintenar�c� tdZe CWU'S Plot, the CCttiNITY or a meighborhxd v Asscriastion's � Arm : tam CQ4$Ptc= or Ne" jsmUtion's easement iaaedistely contiguous v'ith e .,. aid pre ses, s-eis prvvisiom shall not be court ' as ad cng the entry into any building located on c 1TV Properties unless Ach carry is noetasary to perforce, ' minicaureee pxumuu to Sections 9.06 or N „ti.e WAACY)IM SiMas TO ? I AA90cun1c t5 bccpe,. ` Set t boa 10.01 SC o 71i8 MralKrli' way, but is not reQUltbd CO, p! 3assQCLC10[i s0t111eg�n[ seMces for am lltig>�3CCi100r1 Associsticssi. Such aervues way inelUde, but an: not, ten. CO: N A. Coasultatioas cc policy d&u=situt►cas; S. t�eupent iaPochsa[icuz bi�iclata, c�waletter:, 1" , r p develosmme, rules, enforcezer recreation programs =�d other com.sary relations activities; C. Comp l aint honed 1 ir,S , e= rg,emy msaagmem , recordiceep"K �, Otte r general adsi ni s t ca t i va activitiea; j D. Asae3xoe t collection, expm&m disbursearnt and other finA"' I pqr#tines; L. lassaance, bend, security services and other risk twu4 mem s<'tiveti , F. Designs review and coamtructiaa inspection of altersti.trss to L}ee7.>��r:+rertts G. ?%iatensere of C— Areas and riv exterior of Plot ` H. Suppl=entary Ucuriry. Section 10.02 Service 6MMMt. - Any oucb association P=nV==c service shall be at the option of the nTY Neigf>txx'hor.'d Asaociatiaa, sad as contracted by thers or nthervise agreed, including resr seticrit aril sation therefor. Sec t i.00 10.03 Bois of }ihciq nt Servi cgs. The COMMad its Officers, eommdttars, acployees, and comraeton shall perfneon Association managmmt service as the ageait of the NeieuSorhood Association being served and in with the Governing Doc=e sts, program, budgets =d other policies of the Neighbartnod Association. ARI'IC1Z X1 CE E PAL P VL57M and the comre o- arty such ateordare:t Section 11.01 Poblic Facilities. A, In order to supplement the public facilities and mrvices that cry be furnished by any lxal l 9weramwi agency, and in order to provide additious.1 facilities and services that way not be otherwise available, DEilALW :7 hereby authorized and empohoered by all of the C6MS, slim DMA WlT in its sole �++ discretion desee- that it is oecess.ary or desirable, to act on their behalf to provide or contract with otbsr pers" for the installatim of a eater p1snt and supply system, irrigation +%ter system, tosquicc Packet Pg. 330 a[5D1T `A• 3.C.h '>tIrTlOss Q ALS_ TO ON37 Is All of MAT11 GOLUN CATL■ flit]? 1, a Lub,4 : vi i on of portion of 0 Seetlons 22, 23. 26 and 27, ftwmship 41 South. Range 77 Last, fr lying and b6ia4l is Collier County. 1'loride. and belay more per• o ticalsrlr d4aeribed in the recorded lalat thereof In Plat soot I 1 aC Pages 12 to 21. inclusive, according to the Public swords of ? Collie: Cowsty. Florida, less and " cept state Ra■d 5-046, < Collier County. rlorads. , CQ AS ra 7UI7 71 of O All of FOC GOLDEN CATL, WIT 2. a Subdiv.sion of Portions of Q Section ad Se . -ion 14. Township 41 South, Rang# 27 Last, Collier ilorsda. to;nq core particularly described to tiny recorded r1 _100reof recorded is Flat soar ? at Pager 21 threigh .: 42, LAC IV5 ver"er rdanq to the Public ]records of Collier Cour.;y Florida, less 4tatie.49ad S-144. Collier County, Florida. t AS 70 UNIT 3: �~ all of koRT0 coeDSr CATE, UN,T 7. s SubdivsssoA o' portions of L'd'} SeCtiont 23, 24. ;5 and• 26, TwnshiP 41 South, Range 27 Last. according to the recol.ds Plat thereo:. recorded in Plat boax ! C� at Pages 12S thro" h 42, inclusive, according to the Pvblsc Accords of Collier C Y. Floride. less portions formerly con. rvycd by brarranty A rec rded in Of:ieia: itecords roox 42) at Pago 17, &or* part ieulsrldcierib*d as Tract .A' an block Sac per. &Ad Tract 'A' • in sloctr 54V .of sORTU COLDt:i; CATL. VW:7 3. a "rordinq to ►„hs Plat ths'rt�of recorded to Plat soot i at Pages 125 through 142. inCluai-re'' of. thf )vblic records of Collier County. Florida. i C� As TO UNIT 41 All o: DATE COLDER CA7`L, tWIT 44' a . 'Subt sys a or. of port sons o., 74 and 21. Tor�sA.F 4t ,o:r:A' Aar.ge 21 Las:. ant po.-- tions of st :sons if anc It, Tch ns� -41 South. Lang* 21 Las:. Ca]:ser CeSue[y. Florida, .Paging sore past"�y4fuaarly des:riott IF mt reco:drl Plat the:eo.' recorded Jr. Plat 400x f at )age $2 tarougr. s4, inclusive, ocsoiti:Aq :o tn♦ Puoisd' gyr0:44 of Collier County. livrsda. - i AS TO P9I T St � f All of HDk S GOLDEN CAT'1. UK] T 5. a Subd i of pot t s ona o: Sections 11, 12. 11 and 14. 7a+nanip 41 Souzk. nqe 27 Last and por_iohs of Sec:ioni 7 and Is. TowrisAsp 48 Sou nqa 21 f:as:. Collier Coainty. Florida, being acre par:iculs.ly d tr:txt ir. the recorded Plat thereof recorded in P:.t book !I■t ages I$ throvq- 72, inclusive, according to the Public Accords, of Coll,_ier County, rlorida. f AS TO UsIT G r �. .ill of 'la7RTi1 GOLDEN CATC. UW17 t, ■ Sutreivisson of pdrt.so Is . of Se::ion :3 and 14. To+nsnip 41 South. Range 27 Last:-, llser Covntp. lrlorida. beinq ware parti"IArIy described in .1 t' recorded flat thereof i:. )1at Took S at paq*a 74 thrb►s;h 1 inclsrsi ve. aCCordsnS to the Pualir Records of Coll ier Cw 2... F1a:ida. As TO 10H17 7: _ L' All of WOXTri 001.DL01 CATI, U917 7, a Subdivision of portions of Soct•ons 13. =w nship 41 South. Range '27 Last, and is portioq of Sacts ois 11, To+nship 41 South, Range 21 test, Collier County, Florida. Laing care particulailr described in the -*corded Plat thereof ih Plat rook f at Pages 15 t,rough 97, inclusive, according to the Public Records of Collier C ointy, rlorsda. Packet Pg. 331 a "'';'v' •"j j L r LC" , r LM f ight Log f ac i l i t iss V ry Lp ls) , end 4M at}aar fat it it ias Or spot al p1 nu � � assi twY *ease rova r a provided hani aiasd or pry by the �� +�arily !ta-vish�d or provided by local �t�ocal hr amuM arias ' pursuant to Article IV. M7 samices and eoc w aci iti gray faclliifae ts+,oad Provided b7 f1fL7.&pMT harcr*r by � 007, i4 '3 diserttioa, l•lota aot be trarerferred to Che CCMNM. 06M yesadtuad to utili.aa any "Side servicw if such services are provided by the DEMA r M cc On CD+LN pastas to W s Art is I e or Art it 1 e IV. i. Loch 0"M shall install, eject to the Vtiturl approval of UnAkW and the CatUK l if applicabla, 411 wear corsectioisa Q ao that di.rWE ecrrscctiaas can be m e to ow Marv, 5[rtart, silty, sin collection liras and the plan for arucb [7 ea,ar cocssrtion shall be n�aitta+d to or applicable for DECLARANT and the CCHIJ Ty. if F'Ptv+al prior to ca�et>c of said coostrtetics� Ir-irrigation ❑ Tio L»!fR shs' . iris tali arry poCeble or well or dsitir irrigation ti*tsr fr.■ " lake or draioap area w'ithD" the prior written � approval of And the CD*L?h i7 � if Fxrtd }s ion is ysaascA&d. the C6M m y be requ.i red to Corer t to central potable or irri�utia yiaEcr 0"usa +•ties available usi thereafter to disecaui-w Dry private well err syscas� � 03+VX 7 amrllor the �AYW(r, which... ij applicable, is its Q sole j&gmens ' shs11 detercrire ,� an C64M xwt ccrrwt to cesatraI } :able or iaTi�a[im wttr ayy disttrr�ct C� sYitecs. Section ll.^2 Dxlaration and General Protective co+vrw%ts Rags WiLh the Lard. _ fY 0 ka�csrrerwcua, rT*CcV4Ciczv. rzstruLtow oral War Provisions of thr� Declaration ehsll rai vim, and bind ine rt its su*� -ct FrsQ a and aha l l i � tsmr to the besx f i t of the DfL7aR,kNt ar Chia Decl atioa it rxs u+] Q-hf3i aubj=C to pactiYT legal repreeenutives, heirs, successors CL sad ,ssigru for a tern of thirty (?4) yvaxa f. C .daate this Declaratioa is recorrSed %rich autonacic succe:si+re rr, ;41 PeriCda of 10 ru-vu rig i a -ct Lj tr. Q W1Wpert years Sect izon, I I Aeticm of Ctnstrcticn. C) A. AfEer a P1cs sold ie b7 QELi.tR'SNi, corutr+xtian shall casrxrrc thtrem within a rcascr. uable time in acctxrdar�re with tine L plans and SpeciNeatiaia approved by the ppQ,~. eYs B. { rice c wrist rirt iota has a rer_sans6lr [lax. If for saalr�• %+[+rk [{ be diliYe:s[lr and Completed rit]yin r�asas wilt is d i attest iraAed is U or there no subs Cant is 1 Ar�r*s s t o+nc� c a gl t- Lia: for a contitssxrs aixry day period, Chas DC>rlARANT ■rd the QRlijxTTT 06 aFiall Lhe C+,MM of its tRtentiars. is h4'a! Lhe ri�JiC [4 ratify uniteirable a ' encer the Plot sad ;.:ce such atarpe as mutht be re�sred to comet[ ppr�rarre. The O t� [hr eascri ,such correction shall be solely in the discretion of led to aesthetic o%rej. I},. �T *raj the 0a+t TTY and may include but oat teigm incurred in sa�ch action as rvviC1.4ti02 shall be liable for all coats p dtd s' 3.0]. v c Sxtim 11.UG Noriliabilic2 of DWV._j�6n, as Q use D VrTI 4lsall nor ti%,WW Way or mamer be held liable or r-spczuibie for arty violation of Cheat caytrrrue, carditiQss, rrstriciias or by Cu gcher prwisitn arty parson ocher Chm itsslf. Sane t ion 11.05 to In .-delitim to °o]' riot amimA= t or tiodificatioo provided for in this Declaration. in which toss [lxase N W o shall & provisions ,hall apply, Clsia ay�tl'tation my be amended with the consent of t (I13rd2) of the e>rS.oierzhip of the Association. / thirds Q o 5ettioa 11.06 Cr.1rr Mona, N r i>E IA.RA W, the W, atc i Aarprciscioa, or other entity provided for herein or in any applicable romrded iastruacu shall hour C 04 J such ri;fuif, pyi,rrs, ducits, Arid privileges as set forth herein or in the Articles of Irrorpcca ,on, lrylAWS and other cocitc rr duwa s Gf ovch entity; hm"r d ro etch ere i ty my hr-v ri.,atste, duties, p.7►,ers or privi i e� tlsaL .at* is couni.ct wi th this Pr ow $ ions ' of Chia Declrsa:icn "t.ich aball prevail in all c%-wCs � ~ of corsflic[. Section 11.07 SMraibili[y. M 04 lI sty coversant, rcssditidn. restriction or other paw ices of this Declaration is held to be invalid in +.tole or in part by any Cost of cospetenr juribdict' ,Chen such holding %hall in no way affwt the validity of tt�-- remaiciag provisions of this Declaration, all of c# shall iq remain fi+ll fovea and effort. ,� -+ [ � Sec[icrs 11.8E 13i2solutism. J In that evert of dissolution of the a7t`11tQIY, in •%eordstce ?rirtfi C termn ❑i its Articles lricaCj Q xx ssr of s7rlCiaq, Bath P[ot shall cti�to 6e bje[C to the Anatol Asset s+oenc pxified in ArticIe .,. arrj eacb 06"M shall cantiouv to be +� pessomlly obliperf to DECLARANT or Elie nscctsfo` a as the tare may be, for A.ich Assta=nt to Lisa • ••,_ assi� of the WftlaT7 that rush As its semt s as] requ 11rad c as to ra%,bla i ARIJrr ` or esry wrh warcuasor or aasi�i lecquir� �'�' al Pity prrviowly weed by rea M to aaai= ie, op�trate and presrrw it. mSe provisions of tr%il< 5ectico 11.08 she11 only ■ Iy with rM*rdeta the slob izc Cu nGeriaxra, oPcm srxi pr&W-rva t i m of prop ray ut i ch hi7 been C HtW T1 Ccm=;n j'a17d Cprit ink' LD be sn us -ad, as otierr ise � for i a Art is le N for the c � use, end said berie f i t o f r}ar Q .Section 11.D9 fir. . Wwvveer in C�his 0�.--laration Let comesx so rrogsires the sirgu1ar rasgber shell irs1ude the plural, *sad the' converse; and the uac of any Vm jer "I, be deemed to inclu& all gerdrrs. Section 11.10 llncices. A. To WMAWM. Nbcire to DMAP.1Nr as my be mquired herein shall be in vtititg and deli- vered or Bali 1 e+d Cr3 DEaAWC ■ t its print i p41 Place of bua ines s as sha-m by the records of the Sec re Lary of State of Florida, or at aoy other local ion designated by DM BRA, M. B- Tb Cl+trATTY. Wczice Co the CUliJKM as my be rega.ired herein or the nyl" of the a"VKM shall be is w-i[LN ami delivered or bailed to the COtLW A7 at its prioripaI place of busir>as as ahlrn try this recotsis of the Sccs•'eta y of Stste of lrlocida, or arty otter lccatiao daitrated by the G]�:ii7TY. C. To ChHM l>Cice to a.of 0.• U of a violation of soy of thane rrsEricti.m� or guy ouxr nixice so any be requi; berrin @tall b.e in rritic>g and $hall the del:vered or sailst: to the wim at tit Packet Pg. 332 3.C.h +ddr•ss rbabm cm the tss rolls of Col1Le b <nod". • "•• , ar sheen oa Uw dead rbwrdarl La Lbe Public Awar& i c*I14r Coucc7, nod"., to the Nkma of Lbe owtioa 11.11 L�vrmct;ue. Tb• prvision OfUL � tlrel�rttice ahall be tfbsrally inUryvtt and cowtnmd to pewide res;iaa L� flexibility cow' taalt V'th Lbd M"tarr I*mIopNot them ad the purposes sat forth harefa, includiot Lb,e Ttaa�Ia. }0 Sectioa Il.l2 Worcame. 1� IN* Associates, Or W7 C6M, shall hsv the ri& to caforc•, by any p�*�iN at law or is Q aquiC7, .rr't`�ff3cticcT; �aodTt3i�r, eGwiiiu, tastr+ratiLcm. liana and Charycs ow or bensaftes iapa.ad b7 ©rcn the FUivaa of this bftclara " Tailur• try the A"=LktLm or by an oaE.., to enfore• any c �..-,mu x nit hasria rcrtafrmrd shall is no rant be dammed a ►waiver of t}m rift to do ao thseafter. Ii a per - nos or party is ford in t2re per�iors edto be in riolatice of, or rttamptirg to violets, the provision of We a•olaradon, be shah tear all rrxPmeas of the litixatim, ilrcludinr court coats and rrasti�Is Ott..- aer ,fans, for all, tri�l and appellate prpca•di.np L=%wrcd by the ply onfor.irqj the provisions of :nis gxm-zx. MMARAWT.k. act be cbliptad to enforce this DwIm-ati.ae sad @hall ooc in arty "'ay or carrier is beld liae or"� blib. oc strjr violation of this Declaration by arf person other then itgel f. ae Scrica I1.1;. AcetiietUW- sc AdditiOml iWLk=LAI proPcrty sad Craaca Areas ray be arrzred to 0e rent of ne-thirdsrise.rxr[ier with the ceo- a �. , 'toots s i pied has esav cted this ins t rent oo W s (I day o! 1997. '1 • J AttW 02M, Trustee S = Of 11.CRIDA before ase, a tbt.ery Pub 1 is w 0orised to Cak:r `sckr6wj edpa�t s i o the State and Co�ru y let f ort'a abo", personally appe_rad AMai (XLAN, Trustee, krYru to er6i2 by r: to be the person %ft cu c%.cL d tyre loreyaint, axd be acima.•l&W beform me fiat hr sane for the 4 therein. wrrwmS wry baud and seal this �. , dry of Z �' r )bury Public W CvsZi sa i.on M 0 r` M f Packet Pg. 333 3.C.h James Holloway III From: Robert Cooper rracooper@hahnlaw.com> Sent: Tuesday, April 26, 2022 2.02 PM To: AshtonHeidi; GiblinCormac Cc: Henry Amaya; BRIAN F. FARRAR, Land Management Consultant; Mary C. Walker; CookJairre; Mary C. Walker; PerryDerek; BellowsRay; BosiMichaei; Robert Cooper Subject: RE: Valencia Golf and Country Club HOA Meeting request Ms. Ashton Actually the problem started because the County did not identify the set back problem until after the homes were under construction and for some, were almost fully built. At least one of the problem homes was improperly issued a C of O despite the set back violation. If the County had denied the building permits due to the improper set back (as they should have been) the we would not be dealing with a fix. So, given the state of affairs —the problem concerns the County, Lennar and the HOA — and not just Lennar and the HOA. We have reached out to them — but heard nothing other than they are working it out with the County. My point being — the County cannot grant Lennar any change to the HOA's community without the HOA's approval. Since the HOA has an interest in the sidewalks as common elements per the Declaration, the County must obtain the HOA's approval of any deviation or change. Again, the HOA is requesting to be included in all meetings between the County and Lennar concerning the sidewalk matters — so that an acceptable resolution can be achieved. Happy to have further meetings or discussion on my request. Rob CoRobert A. Cooper, Partner J Hahn Loeser & Parks LLP Tel: 239.337.6730 J Fax: 239.337.6701 Mobile: 239.910.3825 racooper@hahnlaw.com J hahnlaw.com 2400 First Street, Suite 300, Fort Myers, FL 33901 Hahn Loeser & Parks LLP is a full -service law firm with a national footprint and international reach, with offices in Cleveland, Columbus, Naples, Fort Myers, San Diego, and Chicago. This email may contain information that is confidential or privileged, and it is intended only for the addressee(s). If you are not the intended recipient, you are prohibited from using, copying, or distributing this email, its contents, or any attachment. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. From: Ashton Heidi <Heidi.Ashton@colliercountyfl.gov> Sent: Tuesday, April 26, 2022 1:49 PM 713 :11 Packet Pg. 334 3.C.h To: Robert Cooper <racooper@hahnlaw.com>; GiblinCormac <Cormac.Giblin@colliercountyfl.gov> Cc: Henry Amaya <Henrya.vgcc@yahoo.com>; BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com>; Mary C. Walker <MWalker@hahnlaw.com>; CookJaime <Jaime.Cook@colliercountyfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; PerryDerek <Derek.Perry@colliercountyfl.gov>; BellowsRay <Ray.Bel lows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov> Subject: [EXTERNAL] RE: Valencia Golf and Country Club HOA Meeting request Robert, The real issue is between the HOA and Lennar. Have you reached out to them? Thanks. FfeWd ,Ashtovw-C%cleo Mnv000i OO Assostavwt P-mmtu AttorMU o f fore of the cou.vutlU. AttorvLeU 2200 North r-torseshoe prove, Butte 301 NGipf,es, i=L 342D4 (239) 262-97 3 From: Robert Cooper <racooper@hahnlaw.com> Sent: Tuesday, April 26, 2022 1:29 PM To: GiblinCormac <Cormac.Giblin@colliercountvfl.gov> Cc: Henry Amaya <Henrya.vgcc@yahoo.com>; BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; CookJaime <Jaime.Cook@colliercountyfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; PerryDerek <Derek.Perry@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; Robert Cooper <racooper@hahnlaw.com> Subject: RE: Valencia Golf and Country Club HOA Meeting request EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when a opening attachments or clicking links. r 0 ti M Mr. Giblin N This is a unique situation in that Lennar is just a lot owner / builder in the HOA community. The HOA community is under the control of the members (not a developer) and, as such, the HOA has all of the declarant rights. Lennar is not the declarant/developer of the HOA community. Lennar has no legal or other right to modify the look of the community — of which set backs and sidewalks are a major part of the look of the community. All changes are subject to the approval of the HOA. Lennar is not in any position to negotiate with the County on a resolution — unless the HOA is present, participates in, and approves the solution process. Further, the County should not grant and/or agree to any change to the community without the consent of the HOA — which would lead to confusion and ultimately litigaiton. Therefore, it would make more sense for all meetings with the County concerning the sidewalks to including both Lennar and the HOA. So, I am requesting that any meeting concerning the sidewalks be held with the HOA present. Any questions (or if County's attorneys have questions or comments), please feel free to reach out to me. Packet Pg. 335 3.C.h Robert A. Cooper, Partner f Hahn Loeser & Parks LLP Tel: 239.337.6730 1 Fax: 239-337.6701 Mobile: 239,910,3825 racooper@hahnlaw.co_m I hahnlaw.com 2400 First Street, Suite 300, For[ Myers, FL 33901 Hahn Loeser & Parks LLP is a full -service law firm with a national footprint and international reach, with offices in Cleveland, Columbus, Naples, Fort Myers, San Diego, and Chicago. This email may contain information that is confidential or privileged, and it is intended only for the addressee(s). If you are not the intended recipient, you are prohibited from using, copying, or distributing this email, its contents, ❑r any attachment. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. From: GiblinCormac Cormac.Giblin@colliercountyfl.gov> Sent: Monday, April 25, 2022 4:44 PM To: Robert Cooper <ra_cooper@hahnlaw.com> Cc: Henry Amaya <Henrya,vgcc@yahoo.com>; BRIAN F. FARRAR, Land Management Consultant <bffarrar@pmail.com>; Ashton Heidi <Heidi.Ashton@collie rcountyfl.gov>; Mary C. Walker <MWaIke r@haInnlaw.com>; CookJaime Jaime.Cook@colliercountyfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; PerryDerek <Derek,Perry@col lie rcountyfl,gov>; BellowsRay <Ray-Beilows@colliercountyfl.gov>; BosiMichael M ichael.Bosi@co Iliercountyfl.gov> Subject: [EXTERNAL] RE: Valencia Golf and Country Club HOA Meeting request Mr. Cooper- Last week representatives from Lennar met with county staff to seek a solution to this Issue_ During the meeting several possible solutions were brainstormed. There were no decisions made or approvals granted at the meeting, No one solution was favored over any other. At the conclusion of the meeting Lennar was to meet with their engineers to decide on a plan of action. T" 0 ti County staff encouraged Lennar to reach out to and consult the HOA in their planning. N 0 Simply removing the sidewalks from those lots would not be in compliance with the Land Development Code without an approved deviation in the PUD (requiring a public approval process). E t We encourage you to continue to work with Lennar and/or the original developer ❑n a workable remedy. r Q Respectfully, _ a� Cormac Giblin, AiCP,CPM E Planning Manager, Development Review cAr CoH'" Ly Q Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples. FL 34104 Phone: 239-252-2460 Cormac.G i bl i n CcDCo I I ierCou ntyF L. gov From: Robert Cooper <racooper@hahnlaw.cam> Sent: Monday, April 25, 2022 4:22 PM To: GiblinCormac <Cormac.Gibiin@colliercountyfl.gov> Packet Pg. 336 3.C.h Cc: Henry Amaya <Henrya.vgcc@vahoo.com>; BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; CookJaime <Jaime.Cook@colliercountyfl.gov>; Robert Cooper <racooper@hahnlaw.com>; Mary C. Walker <MWalker@hahnlaw.com> Subject: RE: Valencia Golf and Country Club HOA Meeting request 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 Giblin We were just informed that Lennar is attempting to remove the sidewalks from their cul de sac lots with the County's blessing. Not sure if accurate so we are asking the County to confirm. The removal of the sidewalks is not something the HOA will agree to. The HOA has the declarant rights. Lennar is just a builder and cannot just unilaterally decide to remove sidewalks. The change would alter the look of the community and present a life safety issue in the community. Thank you. x Robert A. Cooper, Partner I Hahn Loeser & Parks LLP Tel: 239.337.6730 1 Fax: 239.337.6701 Mobile: 239.910.3825 racooper@hahnlaw.com I hahnlaw.com 2400 First Street, Suite 300, Fort Myers, FL 33901 Hahn Loeser & Parks LLP is a full -service law firm with a national footprint and international reach, with offices in Cleveland, Columbus, Akron, Naples, Fort Myers, San Diego, and Chicago. This email may contain information that is confidential or privileged, and it is intended only for the addressee(s). If you are not the intended recipient, you are prohibited from using, copying, or distributing this email, its contents, or any attachment. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. On Apr 25, 2022, at 3:14 PM, GiblinCormac<Cormac.Giblin@colliercountvfl.gov> wrote: 1808 Hagen still has an active C/O hold. If the builder is moving people in before C/O it is an issue for contractor licensing or Code Enforcement to look into. Packet Pg. 337 3.C.h Application Information PROJECT: MP20210M Application Number 1PRBD2021.0103005 —_-- Description Prop Type Btrildin 180 Hagen CT, N u n - Addr y P 9 3J2t4� �f,�.0t_l � � . Status inspections Completed Inspector W w P )&gw Ail A13iyg* gn his 820citmn Add a new parson or Dui Conditions To add a condition to this application, enter text below. CityView will suggest possible matches as you type: Miscellaneous Conditions 2 Notice of Commencement Inspection Hold Resolved Build' .3 SDT-Blower Door Test CO Hold Resolved Buildi ,.... 4 Energy Calf Result Summary Sheet Co Hold Resolved Buildi 5 Spot Survey CO Hold CO Hold Resolved Buildi 6 Compaction Test Co Hold Resolved Buildi 7 Any required County impact fees will be due prior Co Hold Resolved Finan 8 Miscellaneous Conditions CO Mold Resolved Addr( 9 Spot Survey Inspection Hold inspection Hold Resolved Buildi 10 Miscellaneou5 Conditions CO hold Open Deve Description Must maintain 23' distance from garage to sidewalk, Plan revision required to correct. Respectfully, Cormac Giblin, AICP,CPM Planning Manager, Development Review �(:__OUMLY Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2460 Cormac.Giblin(a)-CollierCountyFL.gov From: Henry Amaya <henrya.vgcc@yahoo.com> Sent: Monday, April 25, 2022 3:08 PM To: GiblinCormac <Cormac.Giblin@colliercountyfl.gov> Cc: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com>; Robert Cooper <racooper@hahnlaw.com>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; CookJaime <Jaime.Cook@colliercountvfl.gov> Subject: Re: Valencia Golf and Country Club HOA Meeting request 5 Packet Pg. 338 3.C.h 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. Thank you for the clarification. 1808 Hagen is on a C/O hold per your list and people are moving into this home today. Henry J. Amaya Board President Valencia Golf and Country Club, HOA, Inc Sent from my iPhone On Apr 25, 2022, at 3:02 PM, GiblinCormac<Cormac.Giblin@colliercountyfl.gov> wrote: That permit 4 corresponds with 1805 Hagen (lot #34) and is in our system as such. There is no such address as 1803 Hagen. Weil tell the Contractor to update his box. Submittals Reviews [Conditions I contacts_ j Additional Propertied Documents and lma es Correspondence Application Information T w PROJECT_ MP11321004 Appbcation Number 11 PUD20210620312 7yl 706 5�j2I03 Prop Type ! I905 H - r T INNIga. 'Vacant Land Addr Status Inspections Commenced I Inspector r O View Master Protect View All Acbvit&s on this Anakcation Show PermPermsts on thiALgajt2n Show InsoectMn Zones on mils ADnlica[son Reviews Add a new person or 0%, r C d E t U r r Q c as E a 6 Packet Pg. 339 3.C.h Permit Application PROJECT: MP20210041529 - [ELECTRONIC] Application Number PR.BD20210630312 Application Type Eludding Work Class New Construction Construction Type Type V8 (Lhiprotected) Add Occupancy Code Occupancy Cod�e(s) lank, _ P; upancy.Cade Residential, one and Two Famil New Application (current project) New Application Status inspections Date Entered 06/2312021 Entered By Web Registe Description of Work New Construction Residential Single Family- NON•iMPACT 4SED 2W/C 1M Hagen CT, vacant Land, Naples LOT 34 Show Permit A:onlication Proiect Tvaes Respectfully, Cormac Giblin, AICP,CPM Planning Manager, Development Review CAT, County Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2460 Cormac.Giblin(a)CollierCountyFL.gov Department Jurisdiction Collier Count Date Issued os/23/2021 Date Expiration 10/22/2022 Date Pinaled Total Valuation F From: Henry Amaya <henrya.vgcc@yahoo.com> Sent: Monday, April 25, 2022 2:00 PM To: GiblinCormac <Cormac.Giblin@colliercountyfl.gov> Cc: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com>; Robert Cooper <racooper@hahniaw.com>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; CookJaime <Jaime.Cook@colliercountvfl.gov> Subject: Re: Valencia Golf and Country Club HOA Meeting request 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. Q Packet Pg. 340 3.C.h ,Mdql NEB TRESF NO SAN49P or Dumping Debris, Yialatfne "rodo pfahi� . .q fW a rwrr.Crgr tyCC4ras u+y. i j 7 ti f u c s Q 8 Packet Pg. 341 3.C.h 1: - Na xf ra ge or oum ire � 9 De6rfs, Yfaf� SS1 tars l Be Guilty - _ "r +nr'rckue o rK Irrb idc Wil �"k+atrat do on d Awl _ fS � a U The Doc Box states 1803 Hagen. It's the home to the right of 1808. Therefore, the actual address should he 1805. Can we ensure the correct address is on the Doc Box. We do not want any home slipping through due to the incorrect house #. It should have a C/O hold. On a different note: they have a Doc Box address of 1432 Birdie and I live at 1432 Birdie. Henry J. Amaya Board President Valencia Golf and Country Club, HOA, Inc Sent from my Whone 9 Packet Pg. 342 3.C.h On Apr 25, 2022, at 8:05 AM, GiblinCormac <Cormac.Gibiin@colliercountyfl.Rov> wrote: There does not seem to be a lot addressed 1803 Hagen. I've cross- referenced this against our permitting system. '. k t. r . _ d r O ti M N 1, - fC a+ Q Respectfully, Cormac Giblin, AICP,CPM Planning Manager, Development Review Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2460 Cormac-Giblin(aa)Coll ierCountvFL.cov za Packet Pg. 343 3.C.h From: Henry Amaya <henrya.vgcc@vahoo.com> Sent: Saturday, April 23, 2022 8:59 PM To: GiblinCormac <Cormac.Giblin@colliercountvfl.gov> Cc: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com>; Robert Cooper <racooper@hahnlaw.com>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov>; Mary C. Walker <MWalker@hahnlaw.com>; CookJaime <Jaime.Cook@colliercountyfl.gov> Subject: Re: Valencia Golf and Country Club HOA Meeting request 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 evening, In walking Hagen today, it appears that 1803 Hagen has been left off the list below. This home has the same sidewalk issue. Please inspect and add to the No C/O list. 1803 Hagen Thank you, Henry J. Amaya Board President a Valencia Golf and Country Club, HOA, Inc r Sent from my iPhone M N On Apr 12, 2022, at 1:14 PM, GiblinCormac <Cormac.Giblin@colliercountvfl.gov> wrote: Brian- Thank you for the attachment. I have gone through and identified each lot that has the sidewalk issue and then researched its status. I believe they are: 1836 Lema — C/O Hold pending resolution of sidewalk issue 1840 Lema — C/O Hold pending resolution of sidewalk issue 1844 Lema — C/O Issued 4/11/22 1848 Lema — C/O Hold pending resolution of sidewalk issue 1851 Lema — C/O Issued 1/31/22 11 Packet Pg. 344 3.C.h 1852 Lema — C/O Hold pending resolution of sidewalk issue 1855 Lema — C/O Hold pending resolution of sidewalk issue 1856 Lema — C/O Hold pending resolution of sidewalk issue 1859 Lema — C/O Issued 2/1/22 1796 Hagen — C/O Hold pending resolution of sidewalk issue 1800 Hagan — C/O Hold pending resolution of sidewalk issue 1801 Hagen — C/O Hold pending resolution of sidewalk issue 1804 Hagen — C/O Hold pending resolution of sidewalk issue 1805 Hagen — C/O Hold pending resolution of sidewalk issue 1808 Hagen — C/O Hold pending resolution of sidewalk issue None of those remaining homes will be C/Oed until the issue is resolved. Respectfully, Cormac Giblin, AICP,CPM Planning Manager, Development Review Cofer colmty Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2460 Cormac.Giblin(cDCollierCountvFL.gov From: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com> Sent: Tuesday, April 12, 2022 12:13 PM To: GiblinCormac <Cormac.Giblin@colliercountyfl.gov> Cc: Robert Cooper <racooper@hahnlaw.com>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov>; Mary C. Walker <mwalker@hahnlaw.com>; Henry Amaya <Henrya.vgcc@vahoo.com> Subject: Re: Fwd: Valencia Golf and Country Club HOA Meeting request 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. 12 Packet Pg. 345 3.C.h Good afternoon Cormac, further to Mr. Cooper's email and your response, please note that there are a total of 14 lots on Lema Ct. and Hagen Ct. that have the sidewalk conflict issue discussed in our previous meeting and correspondence. I have provided a copy of the Valencia Golf and Country Club Phase 2B plans that were approved by Collier County (attached), to which notes the sidewalk issue on pages C7-4 & C7-5. The (8) eight homes on Lema Ct and (5) five on Hagen Ct are required holds for CO's. Please confirm that this is what was discussed at our March 4, 2022 meeting. Sincerely, Brian F. Farrar President, BCF Management Group, LLC Senior Advisor, Dawson and Associates, Inc. 27171 Harbor Drive Bonita Springs, FI. 34135 239-580-8840c 239-495-2435o State of Florida CGC1517769 Brian@BCFMGMTGroup.com This communication constitutes an electronic uO communication as defined by the Federal Electronic to Communication Privacy Act, 18 U.S.C. 2510 et. seq. and c Florida Statute Chapter 934.03 (All parties must consent N to the recording or disclosure of the contents of any c N wire or electronic communication in Florida). Any a unauthorized interception or distribution of this r communication is strictly prohibited by law. Disclosure of this communication is strictly limited to the v recipient(s) intended by the sender of this message and thereby noted on the original communication. This communication may contain confidential and privileged E material for the exclusive use of the intended recipient. U Receipt by anyone other than the intended and clearly noted recipient does not constitute a loss of the Q confidential or privileged nature of the communication. Any review or distribution by or to others is strictly E prohibited, If you are not the intended recipient, please contact the sender by return electronic mail and delete a all copies of this communication. Unauthorized forwarding or possession of this communication may constitute a liability of actions and subject the sender to applicable penalties. Any attachment to this email falls under the same aforementioned criteria and the recipient shall hold harmless the original sender for any information or the context of attachments that may change or be modified without notice. Copyright applies to this email and its attachments. All Rights Reserved. 13 Packet Pg. 346 3.C.h On Tue, Apr 12, 2022 at 11:20 AM GiblinCormac <Cormac.Giblin@colliercountyfl.gov> wrote: 1796 Hagen Ct., 1848, and 1856 Lema Ct. all have C/O hold conditions on them pending resolution of this issue. C/Os will not be issued. 1844 Lema did not have the condition on the permit and was C/Oed yesterday. If the association is aware of any other homes that may need a C/O hold please forward those addresses to me and I can ensure they are properly noted. Respectfully, Cormac Giblin, AICP,CPM Planning Manager, Development Review CAT County Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2460 Cormac.Giblin(o-)CollierCountyFL.gov From: Robert Cooper <racooper@hahnlaw.com> Sent: Tuesday, April 12, 2022 11:00 AM To: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com>; GiblinCormac <Cormac.Giblin@colliercountvfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov> Cc: Robert Cooper <racooper@hahnlaw.com> Subject: RE: Fwd: Valencia Golf and Country Club HOA Meeting request 14 Packet Pg. 347 3.C.h 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. Cormac The HDA just received request for estoppeIs for 4 homes/lots (1796 Hagen Ct., 1848, 1844 and 1856 Lema Ct.) -- which have sidewalk/set back issues — flagged by Collier County. Need confirmation that Collier County is not issuing Cos for the homes — until the sidewalks matter is resolved. Are the building permits for the homes still red flagged? Robert A. Cooper, Partner J Hahn Loeser & Parks LLP r M N Tel: 239.337.6730 1 Fax: 239.337.6701 0 Mobile: 239.910,3825 c E E t U racooper@hahniaw.com hahnlaw.com Q 2400 First street, suite 300, Fort Myers, FL 33901 y E t v c� Hahn Loeser & Parks LLP is a full -service law firm with a national footprint and international reac Q i Columbus, Naples, Fort Myers, San Diego, and Chicago. This email may contain information that is confidential or privileged, and it is intended only for t t intended recipient, you are prohibited from using, copying, or distributing this email, its content. 15 Packet Pg. 348 3.C.h THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AN1[ OBTAINED WILL BE USED FOR THAT PURPOSE. From: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com> Sent: Tuesday, April 12, 2022 10:51 AM To: Robert Cooper <racooper@hahnlaw.com> Subject: [EXTERNAL] Fwd: Valencia Golf and Country Club HOA Meeting request FYI & R from Cormac Sincerely, Brian F. Farrar President, BCF Management Group, LLC Senior Advisor, Dawson and Associates, Inc. 27171 Harbor Drive Bonita Springs, FI. 34135 239-580-8840c 239-495-2435o State of Florida CGC1517769 Brian@BCFMGMTGroup.com c ti M This communication constitutes an electronic communication as defined by the Federal Electronic �? r Communication Privacy Act, 18 U.S.C. 2510 et. seq. and Florida Statute Chapter 934.03 (All parties must E t consent to the recording or disclosure of the contents U of any wire or electronic communication in Florida). r Q Any unauthorized interception or distribution of this communication is strictly prohibited by law. Disclosure E of this communication is strictly limited to the recipient(s) intended by the sender of this message and thereby noted on the original communication. This a communication may contain confidential and privileged material for the exclusive use of the intended recipient. Receipt by anyone other than the intended and clearly noted recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by or to others is strictly prohibited, If you are not the intended recipient, please contact the sender by return electronic mail and delete all copies 16 Packet Pg. 349 3.C.h of this communication. Unauthorized forwarding or possession of this communication may constitute a liability of actions and subject the sender to applicable penalties. Any attachment to this email falls under the same aforementioned criteria and the recipient shall hold harmless the original sender for any information or the context of attachments that may change or be modified without notice. Copyright applies to this email and its attachments. All Rights Reserved. ---------- Forwarded message --------- From: GiblinCormac <Cormac.Giblin@ coIlie rcountyfl.gov> Date: Fri, Apr 1, 2022 at 11:32 AM Subject: RE: Valencia Golf and Country Club HOA Meeting request To: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com> Cc: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>, Rob Cooper <racooper@hahnlaw.com>, Henry Amaya <Henrya.vgcc@vahoo.com>, Mary Walker <MWalker@hahnlaw.com> Hello Brian, no still nothing from Lennar despite my repeated follow ups. Respectfully, Cormac Giblin, AICP,CPM Planning Manager, Development Review ..�ercou"ty Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2460 Cormac.Giblin(a)-CollierCountyFL.gov 17 Packet Pg. 350 3.C.h From: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com> Sent: Friday, April 1, 2022 11:28 AM To: GiblinCormac<Cormac.Giblin@colliercountyfl.gov> Cc: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Rob Cooper <racooper@hahnlaw.com>; Henry Amaya <Henrya.vgcc@yahoo.com>; Mary Walker <MWalker@hahnlaw.com> Subject: Re: Valencia Golf and Country Club HOA Meeting request 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 morning Cormac, just following up from our meeting on March 4th. Has there been any change or options provided by Lennar to resolve the matter? Sincerely, Brian F. Farrar President, BCF Management Group, LLC Senior Advisor, Dawson and Associates, Inc. a 27171 Harbor Drive r O ti Bonita Springs, FI. 34135 N 239-580-8840c 0 239-495-2435o State of Florida CGC1517769 m Brian@BCFMGMTGroup.com This communication constitutes an electronic communication as defined by the Federal Electronic Communication Privacy Act, 18 U.S.C. 2510 et. seq. and Florida Statute Chapter 934.03 (All parties must consent to the recording or disclosure of the contents of any wire or electronic communication in Florida). Any unauthorized interception or distribution of this communication is strictly prohibited by law. Disclosure of this communication is strictly limited to the recipient(s) intended by the sender of this message and thereby noted on the original communication. This communication may contain confidential and privileged material for the exclusive use of the i8 Packet Pg. 351 3.C.h intended recipient. Receipt by anyone other than the intended and clearly noted recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by or to others is strictly prohibited, If you are not the intended recipient, please contact the sender by return electronic mail and delete all copies of this communication. Unauthorized forwarding or possession of this communication may constitute a liability of actions and subject the sender to applicable penalties. Any attachment to this email falls under the same aforementioned criteria and the recipient shall hold harmless the original sender for any information or the context of attachments that may change or be modified without notice. Copyright applies to this email and its attachments. All Rights Reserved. On Mon, Mar 28, 2022 at 10:29 AM BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com> wrote: Good morning Cormac, just following up from our meeting on March 4th. Has there been any change or options provided by Lennar to resolve the matter? r O ti M N Sincerely, Brian F. Farrar r President, BCF Management Group, LLC m Senior Advisor, Dawson and Associates, Inc. 27171 Harbor Drive Bonita Springs, FI. 34135 239-580-8840c 239-495-2435o State of Florida CGC1517769 Brian@BCFMGMTGroup.com This communication constitutes an electronic communication as defined by the Federal Electronic Communication Privacy Act, 18 U.S.C. 2510 et. seq. and Florida Statute Chapter 934.03 (All parties must consent to the recording or disclosure of the contents 19 Packet Pg. 352 3.C.h of any wire or electronic communication in Florida). Any unauthorized interception or distribution of this communication is strictly prohibited by law. Disclosure of this communication is strictly limited to the recipient(s) intended by the sender of this message and thereby noted on the original communication. This communication may contain confidential and privileged material for the exclusive use of the intended recipient. Receipt by anyone other than the intended and clearly noted recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by or to others is strictly prohibited, If you are not the intended recipient, please contact the sender by return electronic mail and delete all copies of this communication. Unauthorized forwarding or possession of this communication may constitute a liability of actions and subject the sender to applicable penalties. Any attachment to this email falls under the same aforementioned criteria and the recipient shall hold harmless the original sender for any information or the context of attachments that may change or be modified without notice. Copyright applies to this email and its attachments. All Rights Reserved. On Wed, Mar 2, 2022 at 10:48 AM r <bffarrar@gmail.com> wrote: M N Thanks Cormac, appreciate it. tD Sincerely, Brian F. Farrar President, BCF Management Group, LLC Senior Advisor, Dawson Associates, Inc. On Mar 2, 2022, at 10:32 AM, GiblinCormac 20 Packet Pg. 353 3.C.h <Cormac.Giblin@colIiercountyfLgov > wrote: I have reserved conference room B in the Growth Management Building for this this meeting. Or those not attending in person may attend by Skype by clicking the link below Join Skype Meeting Trouble Joining? Try Skvpe Web App Help From: AshtonHeidi <Heidi.Ashton@colliercountvfl.gov> Sent: Tuesday, March 1, 2022 10:04 AM To: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com> Cc: GiblinCormac <Cormac.Giblin@colliercountvfl.gov >; Rob Cooper <racooper@hahnlaw.com>; Henry Amaya <Henrya.vgcc@vahoo.com>; Mary Walker <MWalker@hahnlaw.com> Q 21 Packet Pg. 354 3.C.h Subject: RE: Valencia Golf and Country Club HOA Meeting request Mr. Farrar, Both Cormac and I are available on Friday at 11 am. I have a small conference room here at 2800 Horseshoe Drive if you'd like to meet here. We also can participate by skype business if you'd like a virtual meeting. Please let me know. I -Feed% Asktoo.-C�cleo Mawagiwg Assistawt CouwtU Attorvt.ed O f five of the Couwt� Attormd 2800 North 1 torseshoe Dave, Suite 301 Na?l,es, i=L 34104 (239) 252-8773 From: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com> Sent: Tuesday, March 1, 2022 9:15 AM To: Ashton Heidi <Heidi.Ashton@colliercountvfl.gov> Cc: GiblinCormac <Cormac.Giblin@colliercountyfl.gov >; Rob Cooper <racooper@hahnlaw.com>; Henry Amaya <Henrya.vgcc@yahoo.com>; Mary Walker <MWalker@hahnlaw.com> Subject: Re: Valencia Golf and Country Club HOA Meeting request 22 Packet Pg. 355 3.C.h 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 morning Heidi, thank you for the follow up note. I have spoken with Mr. Amaya regarding scheduling and he and I are available Friday, 3/4 at 11 am, noon or 4pm. Unfortunately, Mr. Cooper is not available to attend as he will be traveling due to family illness. Please let me know if any of these times are convenient for you. Sincerely, Brian F. Farrar President, BCF Management Group, LLC Senior Advisor, Dawson and Associates, Inc. 27171 Harbor Drive Bonita Springs, FI. 34135 239-580-8840c 239-495-2435o State of Florida CGC1517769 Brian@BCFMGMTGroup.com This communication constitutes an electronic communication as defined by the Federal Electronic Communication Privacy Act, 18 U.S.C. 2510 et. seq. and Florida Statute Chapter 934.03 (All parties must consent to the recording or disclosure of the contents of any wire or electronic communication in Florida). Any unauthorized interception or distribution of this communication is strictly prohibited by law. Disclosure of this 23 Packet Pg. 356 3.C.h communication is strictly limited to the recipient(s) intended by the sender of this message and thereby noted on the original communication. This communication may contain confidential and privileged material for the exclusive use of the intended recipient. Receipt by anyone other than the intended and clearly noted recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by or to others is strictly prohibited, If you are not the intended recipient, please contact the sender by return electronic mail and delete all copies of this communication. Unauthorized forwarding or possession of this communication may constitute a liability of actions and subject the sender to applicable penalties. Any attachment to this email falls under the same aforementioned criteria and the recipient shall hold harmless the original sender for any information or the context of attachments that may change or be modified without notice. Copyright applies to this email and its attachments. All Rights Reserved. On Fri, Feb 25, 2022 at 8:22 AM AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> wrote: Mr. Farrar, i Can you please provide a few dates j and times that work for you? Thanks. 24 Packet Pg. 357 3.C.h ht Wi Ashtovi-C%clzo MaWgi�g Ass�stavvt Couvvt� Attormu o f floe of the CouvutU Attorv6eU 2800 North fforseshoe Drive, Suite 301 Napes, FL 34104 (239) 262-8773 From: BRIAN F. FARRAR, Land Management Consultant <bffarrar@gmail.com> Sent: Friday, February 25, 2022 7:57 AM To: GiblinCormac <Cormac.Giblin@colliercountyfl.go v> Cc: Rob Cooper <racooper@hahnlaw.com>; Henry Amaya <Henrya.vgcc@yahoo.com>; Mary Walker <MWalker@hahnlaw.com>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov Subject: Fwd: Valencia Golf and Country Club HOA Meeting request 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 morning Cormac, I am reaching out again for some assistance in arranging a meeting to discuss resolving concerns by the HOA regarding homes being constructed within the Valencia 25 Packet Pg. 358 3.C.h Golf and Country Club Community. We have requested that we be included in discussions regarding the ongoing issues but not have heard back. With this, the HOA's attorney, Rob Cooper, Esq., requested I set up the meeting with you, him, the HOA President, the Asst. County Attorney, Heidi Ashton-Cicko and me to discuss this ongoing concern. If you could provide some available dates and times to arrange this it would be greatly appreciated. Sincerely, Brian F. Farrar President, BCF Management Group, LLC Senior Advisor, Dawson and Associates, Inc. 27171 Harbor Drive Bonita Springs, FI. 35135 239-580-8840c 239-495-2435o State of Florida CGC1517769 Brian@BCFMGMTGroup.com This communication constitutes an electronic communication as defined by the Federal Electronic Communication Privacy Act, 18 U.S.C. 2510 et. seq. and Florida Statute Chapter 934.03 (All parties must consent to the recording or disclosure of the contents of any wire or electronic communication in Florida). Any unauthorized interception or distribution of this communication is strictly prohibited by law. Disclosure of this communication is strictly limited to the recipient(s) intended by the sender of this message and thereby noted on the original communication. This 26 Packet Pg. 359 3.C.h communication may contain confidential and privileged material for the exclusive use of the intended recipient. Receipt by anyone other than the intended and clearly noted recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by or to others is strictly prohibited, If you are not the intended recipient, please contact the sender by return electronic mail and delete all copies of this communication. Unauthorized forwarding or possession of this communication may constitute a liability of actions and subject the sender to applicable penalties. Any attachment to this email falls under the same aforementioned criteria and the recipient shall hold harmless the original sender for any information or the context of attachments that may change or be modified without notice. Copyright applies to this email and its attachments. All Rights Reserved. Begin forwarded message: From: "BRIAN FARRAR, Land Management Consultant" <bffarrar@gmail.co m> Date: February 16, 2022 at 6:59:58 AM EST To: GiblinCormac <Cormac.Giblin@c olliercountyfl.gov> Cc: Rob Cooper <racooper@hahnla w.com>, Henry Amaya <amaya.henry@roc ketmail.com> Subject: Re: 27 Packet Pg. 360 3.C.h Valencia Golf and Country Club HOA Meeting request Good morning Cormac, thank you for the update. As the VGCC homeowner's association is the declarant and owner of the platted common areas, ROW etc..., the HOA and their attorney, Rob Cooper, Esq. should be included in all correspondence with this matter. Please keep us posted on any updates or changes to this issue. Sincerely, Brian F. Farrar President, BCF Management Group, LLC Senior Advisor, Dawson and Associates, Inc. 27171 Harbor Drive Bonita Springs, FI. 35135 239-580-8840c 239-495-2435o State of Florida CGC1517769 Brian@BCFMGMTG roup.com This communication constitutes an electronic communication as defined by the 28 Packet Pg. 361 3.C.h James Holloway III From: AshtonHeidi Sent: Wednesday, June 1, 2022 8:27 AM To: GiblinCormac; PerryDerek Subject: RE: Valencia Sidewalks Cormac, Per our discussion, they proceed at their own risk. If there is an appeal, the following section would stay any work: Sec. 250-59. Staying of work on premises. When an appeal from the decision of any administrative official has been filed with the administrative official, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official from whom the appeal was taken shall certify to the board of zoning appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings, or work shall not be stayed except by a restraining order which may be granted by the board of zoning appeals, or by a court of record. (Laws of Fla. ch. 67-1246, § 17) The above section is codified in the Collier County Code of Laws from the Special Act of the Legislature in Laws of Florida Chapter 67-1246, as amended. Please let me know if you have any additional questions. Hetdt AsHtovL-CLGleo MawagLwg ASSs Stavwt CokwtU Attorwed o f floe of the Couwtd Attorvted 22oo North Horseshoe DyLve, skate 301 Naples, 1=t_ 34204 a. (239) 22-8j�3 r O ti M From: GiblinCormac <Cormac.Giblin@colliercountyfl.gov> Sent: Wednesday, June 1, 2022 8:07 AM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov> Subject: FW: Valencia Sidewalks E Heidi- can you please contact me ASAP this morning about this? Respectfully, Cormac Giblin, AICP,CPM Planning Manager, Development Review Cc AHLY Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2460 Cormac.Giblin()CollierCountyFL.gov From: French.lames <James.French@colliercountyfl.gov> Sent: Tuesday, May 31, 2022 5:19 PM Packet Pg. 362 3.C.h James Holloway III From: FrenchJames Sent: Wednesday, June 1, 2022 6:48 PM To: WalshJonathan; GiblinCormac Cc: CookJaime; LongRichard; LynchDiane; FadhelMaritza; GuitardDonna; BosiMichael; KovenskyKenneth; SerranoMarlene Subject: FW: Collier lots to CO/TCO - PRBD20210416680 - PRBD20210735400 - PRBD20210838750 Attachments: Temporary Certificate of Occupancy.pdf; Temporary Certificate of Occupancy.pdf, Temporary Certificate of Occupancy.pdf; RE: Valencia Sidewalks - ICP and PMC Approved Did we jump the gun on these permits? Communication must always be close and in lock step to ensure that we are moving as a team. See my attached email to Cormac please. Please see me to discuss if there are any questions or information updates. Thank you Respectfully, Jamie Jamie French Growth Management Community Development Department 2800 N. Horseshoe Drive, Naples, Florida 34104 Office (239) 252-5717 Growth Management Department From: FadhelMaritza<Maritza.Fad hel@coIIiercountyfl.gov> Sent: Wednesday, June 1, 2022 6:54 AM To: Darin Mc Murray <Darin.McMurray@Lennar.com> Cc: CookJaime <Jaime.Cook@colliercountyfl.gov>; GiblinCormac<Cormac.Giblin@colliercountyfl.gov>; FrenchJames <James.French @colt iercountyfl.gov>; Walsh.lonathan <Jonathan.Walsh@col lie rcountyfl.gov>; ClumFred <Fred.Clum@colliercountyfl.gov>; Andrea Passini <Andrea.Passini@Lennar.com> Subject: RE: Collier lots to CO/TCO - PRBD20210416680 - PRBD20210735400 - PRBD20210838750 Good Morning Darin, Attached is a copy of the approved TCO for all three permits listed above. Please take note of usage allowance. Please make sure to post a copy of this document where it is visible on the jobsite. Sincerely, 0 ti M Packet Pg. 363 3.C.h AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1. Russel' 5m4ih (print name), as woe presfdani (title, if applicable) of LennarHomes. LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicantQcontract purchaser and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Barrow and Associates. Inc_ to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • ff the applicant is a corporation, then it is usually executed by the carp. pros, 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 end the words "as trustee°. • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the aAAropdate format for thaywr+oqhip. of aeffiurv,A declar6that I have read the foregoing Affidavit of Authorization and that stated STATE OF FLORIDA ' COUNTY OF COLLIER 0 v Date c� Pe Poregaing instrument was adtnowteged before me by means of ru phystcai resence or [)online notarization this day of 2a- �by (printed name ofownerorlifier) ( I� Such person(s) Notary Public must check applicable box Oi Are personally known to me ❑ Has produced a curmn drivers ftlanse Kww A. Hughes Q�pRY:. . ❑ Has produced i ntificati �� ° NOTARYlcuSLIC ESTATE OF FLORIDA Notary Signature: Expires 211312023 EXHIBIT CrOs-COA-001 r5W5 RIEV 3/a/2020 c Packet Pg. 364 3.C.h Robert A. Cooper, Partner I Hahn Loeser & Parks LLP Tel: 239.337.6730 1 Fax: 239.337.6701 Mobile: 239.910,3825 racooper@hahnlaw.com I hahnlaw.com 2400 First Street, Suite 300, Fort Myers, FL 33901. Hahn Loeser & Parks L L P is a full -service law firm with a national footprint and international reach, with offices in Cleveland, Columbus, Naples, Fort Myers, San Diego, and Chicago. This email may contain information that is confidential or privileged, and it is intended only for the addressee(s). if you are not the intended recipient, you are prohibited from using, copying, or distributing this email, its contents, or any attachment. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. From: GiblinCcrmac rCormac.Giblin@colliercountVfl.Roy> Sent: Monday, April 25, 2022 4:44 PM To: Robert Cooper <racooper@hahnlaw.com> Cc: Henry Amaya <Henrya.vgcc@yahoo.com>; BRIAN F. FARRAR, Land Management Consultant Ebffarrar mail.com>; Ashton Heidi <Heidi.Ashton@colliercountyfl.gov->; Mary C. Walker <MWalker hahniaw.ccm>; CookJaime <Jaime.Cook@colliercountyfl.Rov>; Mary C. Walker <MWalker@hahnlaw.com>; PerryDerek <Derek.Perry@colliercountyfI-gov>; BellowsRay <Ray.Bellows@col lie rcountyfi.gav>; BosiMichael Michael.Bosi@colliercountyf1-goY> Subject: [EXTERNAL] RE: Valencia Golf and Country Club HOA Meeting request Mr. Cooper- Last week representatives from Lennar met with county staff to seek a solution to this issue. During the meeting several possible solutions were brainstormed. There were no decisions made or approvals granted at the meeting. No one solution was favored over any other. At the conclusion of the meeting Lennar was to meet with their engineers to decide on a plan of action. 0 ti M County staff encouraged Lennar to reach out to and consult the HOA in their planning. C9 Simply removing the sidewalks from those lots would not be in compliance with the Land Development Code without an m approved deviation in the PUD (requiring a public approval process). E t We encourage you to continue to work with Lennar and/or the original developer on a workable remedy. Q Respectfully. a0i Cormac Giblin. AICP,CPM t Planning Manager, Development Review CU Aer County Q Collier County Government Growth Management Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2460 Cormac.G i bi i n&Co Il ierCou ntyFL. gov From: Robert Cooper <racooper@hahnlaw.corn> Sent: Monday, April 25, 2022 4:22 PM EXHIBIT To: GiblinCormac ECprmac.Giblin@colliercountyfl.gov> 3 Packet Pg. 365 3.C.i CYK4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 COLEMAN I YOVANOVICH I KOESTER T:239.435.3535 1 F:239.435.1218 Email: ryovanovich(d)cyklaw arm.com September 7, 2022 Lennar's Response to Appeal of Administrative Decision of Administrative Official RE: PMC PL20220003657 and ICP PL 20220003659 Attorney Michael R. Whitt with Hahn Loeser &z Parks, LLP filed an appeal on behalf of Valencia Golf &z Country Club HOA ("HOA") which was received by Collier County on June 17, 2022 ("Original Appeal"). Based upon the information received to date, the wrong form was submitted to Collier County. A copy of the Original Appeal is attached hereto as Exhibit "1". It appears that no additional information, other than Exhibit "I" was provided on June 17, 2022. It appears the HOA realized that the appeal was filed on the incorrect form. A subsequent form was filed with Collier County on July 1, 2022 ("Corrected Appeal"). The Corrected Appeal is attached hereto as Exhibit "2". The Original Appeal and Corrected Appeal are referred to as Appeal. It also appears that a Narrative Statement, setting forth the basis of the Appeal, was submitted with the Corrected Appeal. A copy of the Narrative Statement is attached as Exhibit "3". Since being provided with the Original Appeal and the Corrected Appeal, our law firm has requested verification as to the exact date the Narrative Statement was filed. To date, we have not been provided with any date stamped information, verifying the date that the Narrative Statement was filed. The Original Appeal and Corrected Appeal were filed based upon Section 250-58 of the Code of M Ordinance of Collier County, Florida. A copy of the code is attached hereto as Exhibit "4". Sub- section A of Section 250-58, clearly provides that an appeal must contain a written notice = specifying the grounds thereof. The Minor Change to the Orangetree PUD Master Plan ("PUD Amendment") was approved on May 20, 2022 and the Insubstantial Change to the Construction Plans ("ICP") was approved on May 31, 2022. The Appeal was untimely due to the fact that July 1, 2022 is more than thirty (30) days after the required appeal period per Section 250-58. The Appeal of the ICP was one day late and the Appeal of the PUD Amendment was twelve days late. The Narrative Statement set forth the basis of the appeal. The forms filed as part of the Appeal do not identify any basis for the Appeal. Therefore, based upon Section 250.58, no evidence supporting the appeal was provided prior to the thirty day time period to file an appeal. If however, the Narrative Statement was submitted timely, the basis of the Appeal must be limited to just the information provided in the Narrative Statement. All required bases for the Appeal are required to be submitted with the Appeal. The person filing the Appeal is not permitted to supplement the record to provide additional information as the basis of the Appeal. Accordingly, cyklawfirm.com Packet Pg. 366 September 7, 2022 Page 2 of 4 3.C.i we object to any additional information other than the Narrative Statement being considered by the Hearing Examiner ("HEX") and the Board of Zoning Appeals. Allowing the party filing the Appeal to supplement the record, gives that party the ability to ambush the entity that received the Administrative approval because that party would either have to request an continuance to respond to the Appeal or not be allowed the opportunity to provide a written response to the late filed information. Section 250-58 of the Code of Ordinance of Collier County Florida provides that a person aggrieved may appeal an administrative decision. Standing to file an appeal is limited to a person aggrieved. In the historical background section of the Narrative Statement, the HOA set forth conclusions and does not provide copies of any of the documents asserted to support those conclusions. The HOA alleges that the Declaration is the basis for the Appeal. The Declaration is a private contract that the County is not a party to. The County does not enforce private contracts. The HOA doesn't even provide the recording information for the Declaration referenced in the Narrative Statement. Accordingly, neither the County nor Lennar can review the Declaration to understand the allegations set forth in the historical background section of the Appeal. The Appeal should be dismissed because the HOA does not provide sufficient evidence supporting that the HOA is a person aggrieved by the decision of the Administrative Official. The HOA's attorney is an experienced trial attorney and understands the requirement to provide copies of all the documents referenced in a pleading. The Appeal filed by the HOA is no different. The HOA's Appeal should be dismissed for failing to attach copies of the referenced documents. The Appeal claims that Lennar did not have the legal right to amend the PUD Master Plan and the approved plans for the Plat to eliminate sidewalks around a cul-de-sac based upon the Declaration. The basis of that claim is that the HOA somehow had an ownership interest in unbuilt sidewalks that would be located on private property and outside of the easement area identified on the Plat. Section 10.02.13.A.3 of the Collier County Land Development Code ("LDC") clearly provides that the Zoning &z Land Review Director may exempt a petition from certain required elements for the PUD Master Plan when the petition contains provisions that the element may be waived and will not have a detrimental effect on the health, safety and welfare of the community. County Staff determined that a sidewalk around the perimeter around the cul-de-sac was not a necessary element of the PUD and the elimination of that sidewalk would not have a detrimental effect on the health, safety and welfare of the community. No contrary evidence was provided by the HOA. Staff approved the elimination of the sidewalk on the cul-de-sac homes where no public access easement existed and also approved the elimination of the construction of a cross -walk if the HOA decided they did not want to allow a crosswalk to be constructed across the roadway which cyklawfirm.com Packet Pg. 367 September 7, 2022 Page 3 of 4 3.C.i the HOA controls. If the HOA does not agree to a cross -walk, County Staff was still comfortable that a sidewalk around the perimeter of the cul-de-sac was not required. The HOA also fails to point out that the construction plans that were originally approved, had the sidewalk located on private property and not within a publicly dedicated easement. There is insufficient room to construct the sidewalk in the public area. Accordingly, it was impossible to construct the sidewalk on private property where an easement does not exist to permit construction of the sidewalk. There is no legal basis to require Lennar or lot purchasers to accept a sidewalk on their private property. Especially in light of the fact that had a sidewalk been constructed on the property, it would have not met the twenty three foot clear space required by the LDC. The sidewalk would have cars parked over it, creating a health and safety hazard. Certainly, the HOA is not advocating for an unsafe sidewalk to occur. In the Narrative Statement there is no evidence to contradict Staff s conclusion that the elimination of the sidewalk does not have a detrimental effect on the health, safety and welfare of the community. Likewise, there is no evidence in the Narrative Statement, that Lennar, as the Owner of the private property somehow relinquished its right to amend the PUD Master Plan and the Plat construction plans to eliminate a sidewalk that was to be constructed on its property when the plat did not contain and easement across the property for the sidewalk to be located in. The HOA's sites to Section 10.02.13.E.3 of the Land Development Code when referring to the N minor change the PUD. The HOA does not site any evidence in the Narrative Statement that the J elements in Section 10.02.13.E.3 have not been satisfied. The HOA's sole basis for the Appeal is a that the County had no right to change any property owned by the HOA. The only alleged approval that the County had with regard to the improvements within HOA control property M was the construction of the cross -walk. On August 3, 2022, the County issued a letter to Laruen N Colarusso of Barraco and Associates, Inc. identifying that the cross -walk could not be built unless = the HOA consented to its construction. A copy of the letter was provided to HOA attorney and is attached as Exhibit "5". Accordingly, no work was being done within land areas controlled z by the HOA unless the HOA agreed. To date, no appeal has been filed pertaining to the August 3, 2022 Administrative Decision. The thirty day appeal period has expired. Accordingly, any a challenge to the ICP is now untimely. Chapter 3, Section G-4 of the Collier County Administrative Code pertaining to PUD Minor Changes provides that the Appeal is in accordance with Section 250-58. Accordingly, all bases of the Appeal must be set forth in the Appeal document when it is filed. The party is not entitled to supplement the record to include additional bases for the Appeal for a PUD Minor change. Chapter 5, Section E-2 of the Collier County Administrative Code applies to the ICP. That Section does not provide for a mechanism to appeal. If Section 250.58 does apply, all bases for the appeal must be set forth in the Appeal document. The Party is not entitled to supplement the record. cyklawfirm.com Packet Pg. 368 September 7, 2022 Page 4 of 4 3.C.i In conclusion, the HOA has not provided the required information to set forth that it is in fact an aggrieved person. The HOA has not proved it has standing to file the Appeal. The Appeal must be dismissed. The HOA should not be permitted to supplement the record to provide the required information. Lennar has no ability to adequately defend against the Appeal because the HOA has not provided reference to the Declaration provisions that it is relying upon for the basis of the Appeal. Accordingly, the Appeal is not timely filed and should be dismissed. If the HEX or Board of Zoning Appeals wishes to consider the Appeal timing filed and determine the HOA is an aggrieved person, the HOA has provided no evidence in the record that the County decision to eliminate the requirement to construct the sidewalk around the perimeter of the cul- de-sac did not comply with the applicable Land Development Code provisions. County Staff did determine that the sidewalk around the perimeter is not necessary and its elimination in no way was harmful to the community. Accordingly, the Staff Administrative Decision should be upheld by the Hearing Examiner and the Board of Zoning Appeals. cyklawfirm.com Packet Pg. 369 I ICA I Exhibit 1 UA N t0 O O O N N O N J d r O ti M N 2 C N E t V R r r Q C N E L V 2 Q Packet Pg. 370 3.C.i Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net 239) 252-2400 FAX (239) 252-6358 APPEAL OF ZONING VERIFICATION LETTER (Attention Intake Staff — process as Administrative Appeal - ADA) The appeal of a zoning letter response shall be in accordance with Sec. 250-58 of the Code of Laws and Ordinances Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. Requests for Appeal of Zoning Verification Letter should be addressed to: Growth Management Department / Zoning Division Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 RECEIVED JUN 1 1 2022 0 M N Packet Pg. 371 3.C.i Co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net 239) 252-2400 FAX (239) 252-6358 APPEAL OF ZONING VERIFICATION LETTER (Attention Intake Staff - process as Administrative Appeal ADA) PROJECT NUMBER PROJECT NAME DATE PROCESSED To be completed by staff' APPLICANT INFORMATION NAME OF OWNER Valencia Golf & Country Club HOA ADDRESS 1725 Double Eagle Trail, Naples, FL 34120 TELEPHONE #239-337-6754 CELL # 239-337-6701 E-MAIL ADDRESS mwhitt@hahnlaw.com NAME OF AGENT/APPLICANT Michael R. Whitt FIRM Hahn Loeser & Parks, LLP ADDREss2400 First Street, Suite 300 TELEPHONE # 239-337-6754 CELL # a39 - .33 -- O c) l E-MAIL ADDRESS —)nh W k tC�� Q� `a w • C��y''� REQUEST DETAIL Apppeal of A plication No. 2022000365�and 20220003659 FAX # FAX # (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. Application fee = $1000.00 Legal Advertising Fee = $500.00 (Legal Advertising fee is an estimated amount that will be reconciled upon receipt of invoice from Naples Daily News) Make check payable to the Board of County Commissioners Packet Pg. 372 I ICA I Exhibit 2 UA N t0 O O O N N O N J d r O ti M N 2 C N E t V R r r Q C N E L V 2 Q Packet Pg. 373 3.C.i Cottier County d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Appeal of an Administrative Type III Decision LDC section 10.04.04 PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED The following applications are subject to an administrative Type III review: variances, administrative appeals, certificates of appropriateness, conditional uses, nonconforming use amendments, vested rights, flood variances, and parking agreements. APPLICANT CONTACT INFORMATION Name of owner: Valencia Golf & Country Club HOA Address: 1725 Double Eagle Trail Telephone:239-337-6754 Cell: E-Mail Address: mwhitt@hahnlaw.com Name of Agent: Michael R. Whitt Firm: Hahn Loeser & Parks, LLP Address: 2400 First Street, Suite 300 Telephone: 239-337-6754 Cell: City: Naples State: FL ZIP: 34120 Fax: City: Fort Myers State: FL Fax: E-Mail Address: mwhitt@hahnlaw.com REQUEST DETAIL Appeal of Application Number: AR/PL-20220003657 and 20220003659 (Please reference the application number that is being appealed) ZIP: 33901 Attach a narrative describing the request, the legal basis for the appeal, and the relief sought. Include any pertinent information, exhibits, and other backup information in support of the appeal. 12/26/2013 Page 1 of 2 Packet Pg. 374 3.C.i Cottier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS The following items are to be submitted with the completed application packet: ❑ Completed application (download current form from County website) ❑ Completed narrative ❑ Electronic copy of all documents, please advise that the Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. FEE REQUIREMENTS: ❑ Appeal of Vested Rights Determination: $100.00 ❑ Appeal of an Administrative Decision: $1,000.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 12/26/2013 Page 2 of 2 Packet Pg. 375 I ICA I Exhibit 3 UA N t0 O O O N N O N J d r O ti M N 2 C N E t V R r r Q C N E L V 2 Q Packet Pg. 376 3.C.i Growth Management Division/Planning and Regulation Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 RE: PMC PL20220003657 and ICP PL20220003659 This Appeal of an Administrative Decision of an Administrative Official is filed by Michael R. Whitt, Esq., on behalf of Valencia Golf and Country Club HOA, Inc. ("VGCC" or the "HOA") who seek reversal of PMC-PL20220003657, Minor Change to the Orangetree PUD Master Plan (Ordinance No. 12-09) and accompanying Insubstantial Change to the Construction Plans ICP PL20220003659 pursuant to Section 250-58, Collier County, FL Code of Ordinances. I. Historical Background The HOA is the owner of all declarant rights and all common property in Valencia Golf and Country Club, according to the Declaration of Covenants, Conditions, and Restrictions for VGCC, as amended (the "Declaration"). Lennar Homes, LLC ("Lennar") is an owner/member of the HOA. As an owner of lots in the community, Lennar must comply with the HOA's governing N documents, rules, regulations, and Collier County, Florida's zoning and setback requirements for o sidewalks on the cul-de-sac lots, just like all other owners within the community. Other than the N rights and obligations of an owner/member of the HOA, the only additional and limited rights a Lennar has concerning certain lots owned by Lennar within the community are referenced in a Article II, Section s2C and E, and Article IV, Section 7a, of the Declaration, which rights were obtained via written assignment from Valencia Owner, L.L.C. However, the referenced sections of the Declaration do not grant Lennar (or its predecessor Valencia Owner L.L.C.) any rights as N "Declarant" of the community, and do not exempt Lennar or Valencia Owner, L.L.C.) from any = covenant, rule, or restriction set forth in the Declaration. In fact, the referenced sections do not grant Lennar (or Valencia Owner, L.L.C.) any right — other than the right to submit specific land (referred to in the Declaration as the "Trustee Property") to the Declaration via a Supplemental filing. As such, Lennar, the owner of lots within Trustee Property, has no special rights concerning Q its lots in the community. y II. The Amendment Request Russell Smith on behalf of Lennar filed an application for a minor change to the Orangetree PUD Master Plan (PMC-PL20220003657) together with an accompanying insubstantial Change to the Construction Plans (ICP PL20220003659) to (PPL2006-AR-8975) VGCC Phase II -A. By way of the Application, Lennar sought approval for a minor change to the above -referenced PUD Master Plan ("PMC") pursuant to Section 10.02.13.E.3 of the Land Development Code (LDC). The proposed PMC sought to modify the required sidewalks according to the approved PUD Master Plan. The request entailed revising the construction plans to omit approximately 566 square yards of sidewalk approved within the PUE located on Hagen Court and Lema Court cul-de-sacs from 13756003.1 Packet Pg. 377 Lots 14,16-18, 20-21 and 33-38, and add crosswalk signage and pavement markings on Hagen Court. On May 20, 2022, Collier County staff issued a letter to Mr. Steve Coleman with Barraco and Associates, Inc., acting as agent for the Applicant advising that staff had reviewed the amended PUD Master Plan and determined that the proposed minor refinements are consistent with the Collier County Growth Management Plan and with the applicable criteria contained in the LDC for minor changes to an approved Master Plan. III. This Administrative Appeal Collier County staff approved Lennar's request with full knowledge that "VGCC homeowner's association is the declarant and owner of the platted common areas, ROW, etc...," and despite having received VGCC,'s representative, Brian Farrar's February 16, 2022, e-mail to Collier County Planning Manager, Cormac Giblin, wherein Mr. Farrar expressly conveyed the same. Notice was never provided to nor was any approval obtained from the HOA, who again is the owner of all declarant rights and all common property in and according to the Declaration of Covenants, Conditions, and Restrictions for VGCC. As such, the County had no legal right to permit or approve any change to the HOA's property, to eliminate sidewalks, to approve narrow, legally non -compliant sidewalks without consideration for the fact that the HOA is open to the public due to a golf course or provide for crossing roads owned and controlled by the HOA. Lennar is not entitled to, and the HOA has not acquiesced or assented to Lennar's refusal to comply with the HOA's governing documents, rules, regulations, and/or Collier County's zoning and sidewalk setback requirements for cul-de-sac lots, and/or their refusal to repair (or pay for repairs of common property (i.e. roadways curbs, master irrigation lines, etc.). Sidewalks were improperly located and installed without any notice to or the consent of the HOA. IV. Conclusion r 0 ti M Based on the foregoing, The County's approval of the minor change to the Orangetree PUD Master Plan (PMC-PL20220003657) together and the accompanying insubstantial Change to the = Construction Plans (ICP PL20220003659) must be rescinded. Further, no such amendment can be lawfully approved without the knowledge and consent of the HOA, or at least, providing notice E and due process to the HOA. 13756003.1 Packet Pg. 378 I ICA I Exhibit 4 UA N t0 O O O N N O N J d r O ti M N 2 C N E t V R r r Q C N E L V 2 Q Packet Pg. 379 9/6/22,1:52 PM Collier County FL Code of Ordinances Sec. 250-58. - Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken. (b) Due public notice of the hearing on the administrative appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch. 67-1246, § 16; Laws of Fla. ch. 2001-344, § 1) Packet Pg. 380 I ICA I Exhibit 5 UA N t0 O O O N N O N J d r O ti M N 2 C N E t V R r r Q C N E L V 2 Q Packet Pg. 381 3.C.i 4;Z;a117L-r CA3Z Wt Growth Management department Revised Letter August 03, 2022 Lauren Colarusso, Barraco and Associates, Inc. 2271 McGregor Boulevard -Suite 100 Fort Myers, FL 33901 RE: Insubstantial Change to Construction Plan PL20220003659 Valencia Golf and Country Club Sidewalks (ICP) Dear Applicant This is in response to your submittal of plans showing modification to CDPAR-8975 to revise the construction plans to omit approximately 566 s.y. of sidewalk located at the Hagen Court and Lema Court cul-de-sacs in the front of Lots 11-21 and 33-38 and add crosswalk signage and pavement markings on Hagen Court and Lema Court. STIPULATIONS: • Development Review - If the Valencia Golf and Country Club Homeowners Association, Inc. does not consent to the installation of crosswalks on Hagen Court and Lema Court by September 6, 2022, then the sidewalks shall terminate at Lot #32 and Lot #38 (Hagen Ct) and at Lot #22 and Lot #11 (Lema Ct), and the crosswalks shall not be installed. • 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. • PURSUANT TO HB 503, PLEASE COMPLETE THE AFFIDAVIT OF COMPLIANCE AND PROVIDE TO CLIENT d SERVICES STAFF (252-2400). INCLUDE THE BALANCE OF ANY OUTSTANDING INSPECTION FEES TOGETHER WITH ANY REQUIRED STATE OR FEDERAL PERMITS. UPON PROCESSING THE AFFIDAVIT o OF COMPLIANCE, A PRE -CONSTRUCTION MEETING MAY BE SCHEDULED. M N This office has reviewed the plans and has no objection to the changes shown unless noted under stipulations. SIGNAGE RESTRICTIONS: • Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions or color depicted on the site and/or architectural plans approved by this letter. Sincerely, Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Packet Pg. 382