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HEX Backup Documents 12/22/2022 COLLIER COUNTY Collier County Hearing Examiner 1 1 I, L I, s x r Jzearvi'. (,i . ` AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples,FL 34104 December 22,2022 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.YoungbloodACollierCountyFL.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 1 Printed 12/14/2022 December 2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. PETITION NO.BDE-PL20210002681 -Request for a 31.47-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 60 feet in width, to allow construction of a boat docking facility protruding a total of 51.47 feet into a waterway that is 480 feet wide. The subject property is located at 52 Southport Cove also known as Lot 44,Southport on the Bay Unit Two,in Section 6,Township 48 South,Range 25 East,Collier County,Florida. [Coordinator: John Kelly,Senior Planner] Commission District 2 B. PETITION NO.PDI-PL20210003207—Request for an insubstantial change to the Master Plan of Ordinance No.01-61,as amended,the Mediterra Planned Unit Development(PUD), to re-establish the access point to Veterans Memorial Boulevard from the roundabout intersection of Giardino Lane,Celebrita Court,and Buonasera Court,also known as Tracts R and Q,Mediterra Phase Three East,Unit One subdivision,in Section 12,Township 48 South,Range 25 East,Collier County,Florida. [Sean Sammon,Planner III] Commissioner District 2 C. PETITION NO.PL20220003811 VA—Request for a variance from Land Development Code Section 4.02.03 D to reduce the required accessory side setback from 30 feet to 22 feet on the west property line; and a second variance from Section 5.03.02 C.2.a to increase the required maximum height of a fence from 6 feet to 10 feet for the proposed tennis court to be located at Lot 7,Block K,Pine Ridge Extension subdivision,also known as 89 Mahogany DR,Naples,FL 34108 in Section 3,Township 49 South,Range 25 East,Collier County, Florida. [Sean Sammon,Planner III] Commissioner District 2 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 12/14/2022 CD O O (NIZ f LLJ W I- 1� Q _Z w M c9 0 z c~nC W Lt CO U Z w ¢ o \U, � Q =z W ww CD _ E- cp W C7 F- co \CZ .F � H w ¢ z o cK a < 0 Cc2 O ) LU IX il c Y CY ,( N '.'-' W [I, Q ti '=- a CI) o � 0 v0 % � m o 00 t o 0 F- \ Q o 2 11-1 re U O o '- Q -' O _V * wv 0 ca .Qo c) 'El Qcc Q zJ O n N W D U cn oO 0F_ ao .ma U 1 ` J p § 0 u2 �., v j Za V Wa iii' cn W CO OL' 0) C! 0 BOO v < o CD Q N _> O pY ,,` co QU t� V` o ~ W mP W Q' w Q = O 0 (V 0 _Z V N ¢ � � Z t---- z m i z o 0 �,, ' L I- Q L p Z ,—•\t �1 p� v� z N ti J < ee -� -' Z M w \) \ '�a4 'o w J �o m `� 0C1:10) LLI UJ Li m p S m 0 eL a.) co -- O CD c a) J L ' Q Q M Z a� a IjEnv oz Li, L-- w CD W c CQ ¢ o C� '� = W W UT a. c)c I z W . CO • , �C >co w ¢ \ � j J o0 ¢ Q O :_C I_ZU1I-,-) 3_-_-__-__.4.-_-A-.-- -__-_—_ ____,_-_..._.,_5_,__., -- _ r__C_4 1L-L0. e1..,.. Wf-- mY . , __, m o _ "cr-.W W U 0 oI- Cr Uo C.) a � 00 Z cl' ' lammi 'a. r W om }- Cl) es � cn o - Z O L.L. W cp m \ U ix LLI O O C a -a > I- o < CI LL O z zC 0 � I- W u¢i ¢ w _Z Boa a a ¢ co- o z o Wo r"'vli N f— W' D- O `.� 11-1 o ' - z s' z ¢ L- p~ ci)c� Z �y1/4 C w c� 0 b L � z o ! � p 0o W wm ten p� ~ � �a? 1 *v Eri cUO sr --- C co ?JCD 111 0-CD CO a a CD Li 0O Z III SammonSean From: Douglas Lewis <Doug@tllfirm.com> Sent: Monday, December 12, 2022 4:33 PM To: SammonSean; PerryDerek Cc: BosiMichael; BellowsRay; Michael Coleman; sthompson@infilaw.com; Michel Beland (michel_beland@icloud.com); I.c.asadoorian@gmail.com; Stephen Thompson Subject: FW: PL20210003207 PDI ("PDI") Attachments: Review Comment Letter-5.pdf; Corrections Letter EPR - Outstanding Corrections-3.pdf; 220712-35139_Notice of Incomplete Application_20221031.pdf; 220712-35139_RAI_ 20220810.pdf; Mediterra ROW Review Landscape & Irrigation.docx; Med3.png; med4jpg; Med6.jpg; Letter.pdf; PDI Res. 04-11.pdf; Cover Letter for Statutory Offer to Particiapte in Presuit Mediation S.pdf; Statutory Offer to Particiapte in Presuit Mediation Mediterra.pdf; Demand Ltr to Mediterra Comm Assoc & MORRIS DEPEW.pdf; P4067.pdf; p4068.pdf; QCDTractQ.pdf; Brooks.pdf; P4060.pdf; P4059.pdf; P4061.pdf; P4062.pdf; P4063.pdf; P4064.pdf; P4065.pdf; P4066.pdf; Letter.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Email 1 of 3 Sean, As you know, we represent aggrieved and affected property owners Scott Thompson, Michel Beland and Leon Asadoorian. Our clients have both procedural and substantive challenges and objections to PL20210003207 PDI, and we hereby renew all objections/challenges to the PDI that have been raised to date. Additional objections will be raised at any future HEX hearing based, in part, on the attached documents. Also, our clients will suffer special injuries from a decision on this matter that are different in kind from the rest of the community which include, but are not limited to, reduction in property values, safety/security issues, noise & construction impacts, loss of easement and buffer protections, adverse impact on protected view rights, traffic, etc. Let me know if you need an Affidavit from my clients prior to any HEX hearing to establish standing or if we can stipulate to that. You are hereby notified that our clients are in the process of retaining legal counsel to initiate prompt legal action against the applicant and Collier County, seeking (among other things) to enjoin a hearing on PL20210003207 PDI by the HEX examiner on December 22, 2022 or otherwise pending a decision by the Court on their underlying claims. Our clients are working to get this lawsuit filed on or before December 21, 2022. As such, our clients hereby request a continuance or stay of any HEX hearing on this matter, pending a legal determination by the Court. Finally, please find the attached materials to be included in any HEX hearing report packet and record. Best, IZ)•Zz) 22 H'EX �- m 3 6 . Douglas A. Lewis For the Firm TN THOMPSON LEWIS counselors at law Martindale-Hubbell' BEST ..„.., LAW FIRMS DISTINGUISHED' #may►t`� " t Risin�ugStars ewis (If Peer Rated for High Professional Achievement 2o2? 4111:4.rt te4rrft-ft1M ** Our office has moved. Our new address is 745 12th Ave. South, Suite 105, Naples, FL 34102** 745 12th Ave. South Suite 105 Naples, Florida 34102 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com Website: www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawver.htm http://www.avvo.com/attorneys/34108-f1-do uglas-lewis-1250057.htm I Licensed to practice law in Florida, Texas and Washington DC Due to the pandemic,office visits are made by appointment only. Please call or email to schedule prior to coming into our offices.We are working hard to serve each of you; however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated,depending on your comfort level,either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time Thompson Lewis Law Firm, PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm,PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A.Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (I) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. 2 From: Douglas Lewis Sent: Wednesday,July 20, 2022 5:12 PM To: SammonSean <Sean.Sammon@colliercountyfl.gov> Cc: BosiMichael <Michael.Bosi@colliercountyfl.gov>; BellowsRay<Ray.Bellows@colliercountyfl.gov> Subject: RE: Demand Letter- Proposed Mediterra South East Entry Road and Gate Sean, In follow-up to the below and regarding LDC Sec 10.02.13.E.1.g., the Veterans Memorial right-of-way is located adjacent to and outside of the lands zoned PUD, and this is where the majority of the new pavement area will be located. However, for purposes of LDC Sec 10.02.13.E.1.g., the code looks only at changes made in the Approved PUD ordnance (which does not include the Veterans Memorial right-of-way as part of the PUD boundaries). In that regard, there is new pavement area in Tracts L and Q that will clearly increase stormwater discharges and a SFWMD permit modification. Tracts L and Q are located in sub-basin DA10 per SFWMD ERP 11-01761-P, and the proposed PUD amendment would increase the impervious area (and resulting stormwater discharges) occurring in the PUD sub-basin DA10 from about 12.4 acres to close to 13 acres. Also, can you forward a copy of Master Plan, Ord. 06-61 & PDI Res. 04-11 as referenced by Derek below? I am aware of Ord. 01-61, but not Ord. 06-61 . Best, Douglas A. Lewis For the Hun AIL THOMPSON LEWIS counselors at law Martindale-Hubbell. BEST LAW FIRMS \ DISTINGUISHED" . ,. 7 Rising Stars (4*, laismim:iml D«,yua A.LeN Peer Rated for High "` Professional Achievement atra Supsrkaerytr}.(9m ** Our office has moved. Our new address is 745 12th Ave. South, Suite 105, Naples, FL 34102** 745 12th Ave. South Suite 105 Naples, Florida 34102 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com Website: www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.htm I Licensed to practice law in Florida, Texas and Washington DC 3 Due to the pandemic,office visits are made by appointment only. Please call or email to schedule prior to coming into our offices.We are working hard to serve each of you; however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated,depending on your comfort level,either in the office or outside in the breezeway or via mail away.We wish everyone good health and safety through this challenging time Thompson Lewis Law Firm, PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A.Lewis and the Thompson Lewis Law Firm,PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: Douglas Lewis Sent: Monday,July 18, 2022 6:40 PM To: SammonSean <Sean.Sammon@colliercountyfl.gov> Cc: BosiMichael <Michael.Bosi@colliercountyfl.gov>; BellowsRay<Ray.Bellows@colliercountyfl.gov> Subject: RE: Demand Letter- Proposed Mediterra South East Entry Road and Gate Thanks, Sean for your follow-up. I think that Ray is saying that the items in LDC Sec 10.02.13.E.1 are deemed "substantial changes" that trigger a new PUD application that must be approved by the PC and BCC as a PUD Amendment. I am copying Ray and Michael to confirm. E. Changes and amendments there are three types of changes to a PUP Ordinance.Substantial,Insubstantial,and Minor. 1. Substantial changes.Any substantial changes)to an approved PUP Ordinance shall require the review and recommendation of the Pia nnifig Commission required to submit and process a new application complete with pertinent supporting data,as set forth in the Administrative C ode For the purpose of the a. A proposed change in the boundary of the PUP; b, A proposed increase in the total number of dwelling units or Intensity of lend use or height of bulldlnp within the development c. A proposed decrease in preservation,conservation,recreation or open spate areas within the development not to exceed 5 percent of the total acrea d. A proposed increase in the site of areas used for nonresidential uses,to include institutional,commercial and industrial land uses(excluding preserve e. A substantial Increase in the impacts of the development which may Include,but are nol limited to,increases in traffic generation;changes in traffic ci A change that will result in land use activities that generale a higher level of vehicular traffic based upon the Trip Generation Manual published by the g, A change that will result in a requirement for increased stor mwster retention,or will otherwise increase Mormwater discharges; h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; I. Any modification to the PUD master plan or PUP document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Elemen permitted land uses; j. The proposed change is to a PUP district designated as a development of regional impact(DRI)and approved pursuant to F.S.5 380.06,where such ct criterion of F.S S 380.06(14}(e)2,and any changes toe DRliPUD master plan that clearly do not create a substantial deviation shall be reviewed and ap. k. My modification in the PUP master plan or PUD document or amendment to a PUD ordinance which impacts)any consideration deemed to be a sub 4 I don't see this addressed below, but in addition to LDC Sec 10.02.13.E.1.e and f. mentioned by Ray below, can Michael and Ray comment on the existence of the following? 1. LDC Sec 10.02.13.E.1.a (as required landscaping/buffering will be outside of the lands currently submitted to the PUD. I presume that an easement will be provided by the County to HOA to satisfy the code requirements for the PUD) 2. LDC Sec 10.02.13.E.1.c. (given the proposed decrease in the landscape buffer within the current PUD boundary and proposed conversion of landscape buffer into road right of way/gate uses for lands zoned recreation/open space under the PUD); 3. LDC Sec 10.02.13.E.1.d. (given the proposed relocation of nonresidential land uses under the PUD for Tracts L and Q and with respect to lands zoned recreation/open space under the PUD), 4. LDC Sec 10.02.13.E.1.g. (given the change that will result in increased impervious area and increased stormwater retention/stormwater discharges and the applicants permit filing with the SFWMD) Also, can you forward a copy of Master Plan, Ord. 06-61 & PDI Res. 04-11 as referenced by Derek below? I am aware of Ord. 01-61, but not Ord. 06-61. Have a nice evening. Best, Douglas A. Lewis For the Firm ` . L THOMPSON LEWIS counselors at law Martindale-Hubbell' BEST LAW FIRMS / A DISTINGUISHED" _use_ Rising Stars 4FA EWE JIN Ma l Douglas A.L.wh Peer Rated for High Professional Achievement 7071 Supra a.roypn.corn ** Our office has moved. Our new address is 745 12th Ave. South, Suite 105, Naples, FL 34102** 745 12th Ave. South Suite 105 Naples, Florida 34102 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com Website: www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.htm I Licensed to practice law in Florida, Texas and Washington DC Due to the pandemic,office visits are made by appointment only. Please call or email to schedule prior to coming into our offices.We are working hard to serve each of you; however,you may experience some delay in our response 5 as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated,depending on your comfort level,either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time Thompson Lewis Law Firm, PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A.Lewis and the Thompson Lewis Law Firm,.PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: SammonSean <Sean.Sammon@colliercountyfl.gov> Sent: Monday,July 18, 2022 4:19 PM To: Douglas Lewis<Doug@tllfirm.com> Subject: FW: Demand Letter- Proposed Mediterra South East Entry Road and Gate Good afternoon Doug, Thank you very much for your consideration concerning the Proposed Mediterra South East Entry Road and Gate. Please see the email chain below for your reference.The link to the LDC section (LDC Sec 10.02.13.E.1.e &f)that Ray is referring to is located here: https://library.municode.com/fl/collier county/codes/land development code?nodeld=CH10APREDEKIPR 10.02.00AP RE 10.02.13PLUNDEPUPR Please let me know if you would like to talk more about this and I can schedule a time for you to talk to Ray and myself. Let me know if you have any questions, have a great day. Respectfully, Sean Sammon, Principal Planner Zoning Division-Zoning Services Section Sean.Sammon@CollierCountyFL.gov Phone:239.252.8422;Fax:239.252.6350 2800 N.Horseshoe Drive, Naples, FL 34104 Copier County Growth Management Department 6 Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT. From: BosiMichael <Michael.Bosi@ colliercountyfl.gov> Sent: Monday, July 18, 2022 2:43 PM To: BellowsRay<Ray.Bellows@colliercountyfl.gov>; SammonSean <Sean.Sammon@colliercountyfl.gov> Cc: PerryDerek<Derek.Perry@colliercountyfl.gov> Subject: RE: Demand Letter- Proposed Mediterra South East Entry Road and Gate Ray, I agree in processing as a PDI. mike From: BellowsRay<Ray.Bellows@colliercountyfl.gov> Sent: Monday,July 18, 2022 9:30 AM To:SammonSean <Sean.Sammon@colliercountyfl.gov> Cc: BosiMichael <Michael.Bosi@colliercountyfl.gov>; PerryDerek<Derek.Perry@colliercountyfl.gov> Subject: FW: Demand Letter- Proposed Mediterra South East Entry Road and Gate Importance: High Hi Sean, The PDI process can be used to revise the PUD Master Plan to add an access point onto a collector or an arterial road. A PUD amendment is typically required when the proposed access point is to a local road. Since Veterans Memorial Blvd. is a collector road, the PDI process appears to be appropriate in this case. In addition, a PUDA is only required if the proposed access point doesn't comply with any of the Insubstantial Change criteria noted in section 10.02.13.E of the LDC especially the following provisions. e. A substantial increase in the impacts of the development which may include,but are not limited to, increases in traffic generation; changes in traffic circulation;or impacts on other public facilities; f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; Lastly, the County doesn't enforce private covenants and that the Transportation review appears to support a finding that the proposed access point doesn't represent a substantial impact to the traffic circulation system. However, I have copied Mike to see if he would like to discuss this issue given the concern raised by Doug Lewis. ,nary Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Corer County Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT. From: PerryDerek<Derek.Perry@colliercountyfl.gov> Sent: Monday,July 18, 2022 8:53 AM To: SammonSean <Sean.Sammon@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov> Cc: BellowsRay<Ray.Bellows@colliercountyfl.gov> Subject: RE: Demand Letter- Proposed Mediterra South East Entry Road and Gate Importance: High Sean: This is a staff interpretation issue that you should discuss with Ray and/or Mike Bosi. Master Plan, Ord. 06-61: it t. \,\`. , uiriNNi, 11 i - IN Pc? s'di,;\ I .\\ Eli re ssN, (sir ,-,,,, ..„.---. . 1 ,, \ ,lN.. I IN, . c:i 0IP C:I "IP C3 " ". vity y-.1,i, 3 i 1 '.1. 40C" •\ '''' '''' \ 44S.1*.,...,%\ \\ I 1 i • • q f\\\\\ „„ , , ED N. \ \ .,...MP• 1 \ ' aEl 1 4 ri 6 •• V i i go ,N\ 11\ \ 1 i \\ \ \\\ -I A ! re \i.,\:\,..\ 11 it i I :1411) a a liboidirt: II .iN 4. 01,,.% Rot; . 11 P.. 1 iii10"1111tilif , i 1 ,,- \ En N, . sj . ,giN Ni,\,,kp, OM NO,„\\,, \ . : I igel PDI Res. 04-11: 8 �..{.f� 1,40 ....::"" ... e.«... r s ....1.Milb Op en �.1 • r •=5////////1 e, r 001.1111.116. a r 6.1.1.11101. • Mill11111•.qr r r r•all • i .,z,.:.'1''.: ''''..:,,,N!,`,..L.... --.... 7 . ,,..,,,,,.-,..„,,,,,.....,. p . U d 4.4 I : C • % ' .s:..,-•,:.•\''' 6 ;:i..:: ::...%,`,.,-,:.".-; .-.•- 1 ir. 4,,51:.jr24:V. I C 1 C 01 .\• 4 . , 4,.. ,FA 1 f�L7CiC]© � 6•4 erg.,•,,V. 3 I / '...'•`. 1.'••••:'' • •. „;.\.\- g ,1 r �, +� �L� 11 ♦ .♦ fi.• •I 1 d , — : ;0- 7) 1 xi ,- • diummum �� 1 ,y\� i `. ` •1 -.�.ti . "`,' et IMPII • ,"' ::....,',.„..,:$ i 1 II 1 N.,,',N . i ' ••,.."•`, ,,`,, ,-.\-,•:•., ' , \\,,' , .; • . — .N. `."." • ..-,z,$:...,:‘z...--s. : -F 1 ' . .' ,,,,,,..\ „ , \,,,,.„,.....,.,...,,,, ,,,,.. _ .2„....„... ,....,, 1 , .'‘.\-',,•,.., • %'•'.,‘.:X.,'`.. .':\.,,,, Z.'77% . i ( k •:'.'s\*•%\ . •-•\‘', '‘, X-. \ .,„;.",s..\k".•:$‘''Lk •%.'N' r . , , . ... ......,,::....: f II _ Derek D. Perry Assistant County Attorney (239) 252-8066 From: SammonSean <Sean.Sammon@colliercountvfl.gov> Sent: Friday,July 15, 2022 1:07 PM To: PerryDerek<Derek.Perry@colliercountvfl.gov>; AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Subject: FW: Demand Letter- Proposed Mediterra South East Entry Road and Gate Importance: High Good afternoon Derek and Heidi, When you have time, can you please help me with this? I'm a little confused with what Douglas Lewis is communicating to me regarding the Entry Road & Gate for PL20210003207 PDI. I believe Doug is referring to Ordinances that have been repealed and are basing this on whether they have a right to build the access entrance. Can you help offer guidance on this and if he's correct and the best way to respond back to him? I'm leaving now so I will be out this afternoon but I will be back Monday morning. I haven't responded yet to him. The attached "Letter.pdf" was their original correspondence before the NIM this past Wednesday (July 13th) night. Please let me know how to proceed with this,thank you and have a great weekend. Respectfully, Sean Sammon, Principal Planner 9 Zoning Division-Zoning Services Section Sean.Sammon@CollierCountyFL.gov Phone:239.252.8422; Fax:239.252.6350 2800 N. Horseshoe Drive, Naples, FL 34104 CQ�Y C01414t COMMManagement Department Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXivaT. From: Douglas Lewis<Doug@tllfirm.com> Sent:Thursday,July 14, 2022 7:35 PM To: SammonSean <Sean.Sammon@colliercountyfl.gov>;Justa Fernandez<Iernandez@tllfirm.com> Subject: RE: Demand Letter- Proposed Mediterra South East Entry Road and Gate 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. Sean, It was nice meeting you last night at the NIM. The representative of the applicant made some statements pertaining to East Mediterra and the history of the gate, as the gate is now being proposed or identified in the current, proposed location. Regarding the same, please note the following: The current PUD for Mediterra is Ord. 01-61, as adopted by the BCC on November 13, 2001 (the "Current PUD"). I have also reviewed the prior PUD documents for Mediterra, as follows: 1. Ord. 99-41 as adopted by the BCC on June 8, 1999 ("Original PUD"); and 2. Ord. 2000-36 as adopted by the BCC on May 23, 2000 ("First Amended PUD"). Both the Original PUD and the First Amended PUD do not include the 200 + acres of land for East Mediterra. As such, no gate was ever proposed or identified in the current proposed location in either the Original PUD or First Amended PUD. In fact, the Original PUD contained an Exhibit C PUD Master Plan that expressly identified the location of project and construction access entries for West Mediterra. However, the First Amended PUD removed the identification of project and construction access entries on the Master Plan exhibits. Like the First Amended PUD, the Current PUD does not identify project and construction access entries on the Master Plan exhibits. That being said right-of-way identifications (ROW) exist in the Master Plan documents attached to the Original PUD, First Amended PUD and Current PUD, but no gate was ever proposed or identified in the current proposed location in either the Original PUD, First Amended PUD or the Current PUD. Further, a new permanent east entry road and gate is i0 not a permitted use and structure, under the current PUD zoning and all prior PUDs for Mediterra, of the lands that the Association now seeks to improperly develop as such. Further, the initial Plat for East Mediterra (per the Mediterra Phase Three East, Unit 1 Plat) was approved by the BCC in April of 2003 and shows no gate as being proposed or identified in the current proposed location. In fact, the Plat creates a Tract L and Q and landscape buffer easement in the very locations where the Association now seeks to create a new roadway, gate and related improvements. All of the homeowners in East Mediterra purchased/bought in Mediterra after April of 2003 and all owners in East Medierra purchased in reliance on the protections afforded them by right under the PUD, Plat and Restrictive Covenants for Mediterra, as such are described in my letter dated July 13, 2022. In follow-up to the same, please advise whether or not staff has determined whether the current PDI (PL20210003207) will be cancelled on the basis that the LDC requires the applicant to submit a PUD amendment for its proposed and substantial changes to the PUD and the permitted uses of lands governed by the same. Best, Douglas A. Lewis For the Firm TOE THOMPSON LEWIS counselors or last Martirrdale t{ub1}ell' BEST • LAW FIRMS Rising Stars DISTINGUISHED K0.tSs•i.,M•INI I Douglas AL a s Poor Rated for High Professional Achievement 2022 40 pre(.iAytn rum ** Our office has moved. Our new address is 745 12th Ave. South, Suite 105, Naples, FL 34102** 745 122h Ave. South Suite 105 Naples, Florida 34102 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com Website: www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Due to the pandemic,office visits are made by appointment only. Please call or email to schedule prior to coming into our offices.We are working hard to serve each of you; however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated,depending on your comfort level,either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time 11 Thompson Lewis Law Firm, PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm,PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(2391316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: SammonSean <Sean.Sammon@colliercountyfl.gov> Sent: Wednesday,July 13, 2022 4:07 PM To:Justa Fernandez<jfernandez@tllfirm.com> Cc: Douglas Lewis<Doug@tllfirm.com> Subject: RE: Demand Letter- Proposed Mediterra South East Entry Road and Gate Good afternoon Ms. Fernandez, Thank you for submitting the demand letter concerning the proposed Mediterra South East Entry Road and Gate (PL20210003207-PUDA).Your comments will be part of the public record which is considered by staff, and the CCPC and BCC. Public letters of opposition/support are included as attachments in the staff reports to the CCPC and BCC. Feel free to call me with any questions. Respectfully, Sean Sammon, Principal Planner Zoning Division-Zoning Services Section Sean.Sammon@CollierCountyFL.gov Phone:239.252.8422; Fax:239.252.6350 2800 N. Horseshoe Drive, Naples, FL 34104 Ca r C cm nt Gmwth Management Department Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXivpT. 12 From:Justa Fernandez<ifernandez@tllfirm.com> Sent: Wednesday,July 13, 2022 3:16 PM To: SammonSean <Sean.Sammon@colliercountyfl.gov> Cc: Douglas Lewis<Doug@tllfirm.com> Subject: Demand Letter- Proposed Mediterra South East Entry Road and Gate EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Please see attached Kind regards, (Zeta Fowi c/ez Processor BEST LAW FIRMS TiL THOMPSON LEWIS .. Ik .,,-, comistlors st late. 745 12th Ave. South, Suite 105 Naples, Florida 34102 Phone: (239) 316-3006 Facsimile: (239) 307-4839 Website: www.tllfirm.com E-Mail: Ifernandez@tllfirm.com Due to the pandemic,office visits are made by appointment only. Please call or email to schedule prior to coming into our offices.We are working hard to serve each of you; however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the assigned paralegal and will be facilitated,depending on your comfort level,either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time. 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. 13 +i 1?' ' \VF\III .(MIIII , , HOMPSON LEWIS """T H. T ,ICI I:.I l 34102 L239.316.3006 OFFICE Counselors at law 239.307.4839FACSIaI1tE I 016.. it I FIR\I CON! July 13. 2022 VIA EMAIL: rodneN a rfchase.com & REGULAR US MAIL& CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC'. ATTN: Mr. Rodney Chase. Board President 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL: billb(a mediterraca.com & REGULAR US MAIL& CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. Bill Boy}den,General Manager 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL& RI:(,t LAR US MAIL& CERTIFIED NIA IL. RETURN RECEIPT REQUESTED Mr. Thomas 13. Hart, Esq.. Registered Agent 1625 Hendry Street Fort Myers, FL 33901 AND VIA EMAIL: BSmith a m-da.com & REGULAR US MAIL& CERTIFIED MAIL, RETURN RECEIPT REQUESTED MORRIS DEPEW ATTN: Mr. Ben Smith, AICP 2914 Cleveland Ave Fort Myers. Fl. 33901 RE Demand Letter- Proposed Mediterra South East Entry Road and Gate: P120210003207(PUD Amendment)and PL20220004544 (Plat Amendment Application for Tract -Cr, Mediterra Phase Three East. Unit One) Dear Mediterra Community Association, Inc.: This firm has recently been represented to represent Scott Thompson. Michel Beland and Leon Asadoorian. residing at 16477. 16469. and 16473 Celebrita Court. respccti,ely. v..w•w .tlllirm.cow We have completed a cursory review of PL20210003207 and PL20220004544 (collectively, the "Proposed Project"), and we continue to evaluate the proposed Mediterra South East Entry Road and Gate. As such, we reserve the right to make further objections/Claims based on the same. In the meantime, we respectfully request that said applications for the Proposed Project be withdrawn based on the following initial findings: • Our clients purchased their homes at the rear of the community and adjacent to the platted Iandscape buffer easements in reliance on the protections afforded them under,for example, the Mediterra PUD Ord. No. 01-61 (the "PUD"), the Plat of Mediterra Phase Three East, Unit One as recorded in Plat Book 40, Pages 59 through 68 of the Public Records of Collier County, Florida (the "Plat"); and the Declaration of Covenants, Conditions, and Restrictions for Mediterra as recorded in OR 2638, Page 961, et seq., of the Public Records of Collier County, Florida,as amended(the"ECR"); • Regarding the PUD,the Proposed Project is located within Iands zoned R/O ("Recreation and Open Space District") per the PUD's Exhibit "A" Master Plan, and the construction of a new permanent east entry road and gate per the Proposed Project is not a permitted use and structure under this zoning designation.In fact,the PUD only permits"temporary construction access roads" in this zoning designation. Our clients purchased their homes in reliance on the protections afforded them under the PUD in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the PIat; • Regarding the Plat, the Proposed Project improperly seeks to impair and infringe upon easement rights created pursuant to the Plat and ECR, which easement rights related to the Plat include landscape buffer easements (all of Tracts L and Q per the Plat as dedicated to the Association) and sidewalk easements. Our clients purchased their homes in reliance on express and implied easement rights created by the Plat and ECR, which easement rights are hereby asserted and prohibit incompatible uses of the easement areas by the Association in connection with the Proposed Project;and • Regarding the ECR, the Proposed Project improvements diminish or destroy portions of the Tracts L and Q landscape buffer (per the Plat), and such Proposed Project areas will not be maintained in their natural open condition as required by the ECR. Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project, as follows: "12.4. Open Space and Buffers. Any property conveyed or dedicated to the Association, which is designated as open space, landscape buffer, preserve area, or Common Area on any plat, permit, or other document recorded in the Public Records, shall be owned and maintained by the Association in a natural open condition. The Association or any subsequent owner shall not do anything that diminishes or destroys the open space, buffers, preserve area or Conservation Areas, and such areas shall not be developed for any purpose except that which improves or promoted the user and enjoyment of such areas as open space." Our clients purchased their homes in reliance on the protections afforded them by the ECR in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat, and Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project. We look forward to receipt of written assurances from the Association that the applications for the Proposed Project w ill he promptly Withdrawn. Additionally. this letter shall he deemed a Claim pursuant to Section 14.4 of the ECR. as this letter provides the nature of the Claim. the legal basis for the Claim, and Claimants' proposed remedy. We also hereby confirm that our clients stand ready. willing and able to meet w ith you to discuss in good faith ways to amicably resolve the Claim. In the meantime. should you ha\e an. questions whatsoever, please feel free to contact me. Best. Very truly yours. Douglas A.-Lewis For the Firm cc: Mr. Scott Thompson Mr. Michel Beland Mr. Leon Asadoorian Mr. Sean Sammon(via email: sean.sammon(mcolliercountyfl.gov) Cane° 28283p� ORDINANCE NO.01- 61 41 (11 �\ m AN ORDINANCE171 AMENDING ORDINANCE NUMBER 91-102 THE + w COLLIER COY LA DEVELOPMENT CODEICHti0r INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR ��C THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 851112; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL, "A-ST" AGRICULTURE WITH SPECIAL TREATMENT OVERLAY AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MEDITERRA PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE FUTURE LIVINGSTON ROAD BOULEVARD AND APPROXIMATELY ONE MILE WEST OF 1-75, IN SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1168+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-36;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Anita L. Jenkins, AICP of WilsonMiller, Inc., representing Long Bay Partners, L.L.C.,petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: ; ' . SECTION ONE: The zoning classification of the herein described real property located in Seeptp IT and 12, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural, "A-ST" Agriculture with Special Treatment Over'ay and"PUD"to"PUD"Planned Unit Development in accordance with the Mediterra PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein.The Official Zoning Atlas Map numbered 851112,as described in Ordinance Number 91-102,the Collier County Land Development Code,is hereby amended accordingly. SECTION TWO: Ordinance Number 2000-36,adopted on May 23, 2000 by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- • PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this/ iG day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA • ATI'$ST`' /''� BY: ..+.✓AVq JAMES .CARTER,Ph.D.,CHAIRMAN ' D E.BROC , LERK ,4tist'44 to Chairman Styiiatrrt only. Approved as to Form This ordinance filed with the Secretary of Stpte's Office the and Legal Sufficiency .L9 day of NOV. ,4-00 and acknowledgement cithat fill NA eivedcthis all— day J) -CC�Cti of tulhts 1ln�Qj C MarjorieM.Student Dwuef Cr* Assistant County Attorney RB/cw -2- • MEDITERRA A PLANNED UNIT DEVELOPMENT Approximately 1168±Acres Sections 11 and 12 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Long Bay Partners, LLC 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 PREPARED BY: WilsonMiller, Inc. • 3200 Bailey Lane, Suite 200 Naples, Florida 34105 EXHIBIT A DATE FILED 2/17/99 DATE APPROVED BY CCPC 5/20/00 DATE APPROVED BY BCC 6/8/99 ORDINANCE NUMBER 99-41 DATE AMENDMENT FILED 2/18/00 DATE APPROVED BY CCPC 5/4/00 DATE APPROVED BY BCC 5/23/00 ORDINANCE NUMBER 2000-36 DATE AMENDMENT FILED 3/5/01 DATE REVISED BY COLLIER COUNTY 9/15/01 DATE APPROVED BY CCPC DATE APPROVED BY BCC /3/0/ ORDINANCE NUMBER Az,o/-.4/ 0.V2001.52015 1/9r.100-Menldns cum 02934007-001-E581A-22959 IL TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT 3-1 SECTION IV VILLAGE CENTER 4-1 SECTION V RECREATION and OPEN SPACE DISTRICT 5-1 SECTION VI PRESERVE DISTRICT 6-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8-1 EXHIBIT A MEDITERRA MASTER PLAN(Collier County) (WilsonMiller File No. D-2934-54) 4(28120o1-62046 Ver.10A-Nankkr coo 02 034-0 0 7.001-E5964-22959 • STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Long Bay Partners, LLC, hereinafter referred to as LBP, to create a Planned Unit Development (PUD) on 1168± acres of land located in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Mediterra. The development of Mediterra will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1.1 The subject property is within the Urban Mixed Use Residential District as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to accommodate the majority of population growth in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. 1.2 The Growth Management Plan qualifies the subject property for maximum density of four units per acre. The proposed residential density for the Collier County portion of Mediterra is 0.64 units per acre, which is less than the maximum allowable density, and therefore is consistent with and complies with the FLUE Density Rating System. 1.3 The Village Center District is consistent with the PUD Neighborhood Village Center Subdistrict of the FLUE. 1.4 Mediterra is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6 The development of Mediterra will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 1.7 Mediterra is a large scale functionally interrelated communit y, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC)Planned Unit Development District. SHORT TITLE This ordinance shall be known and cited as the "MEDITERRA PLANNED UNIT DEVELOPMENT ORDINANCE". 4812001.52010 V er 100-A.lenkM 02034-037-001-ESBM-22950 1-1 SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Mediterra, and to describe the existing condition of the property proposed to be developed. Mediterra is located within Lee and Collier Counties, however the PUD jurisdiction applies only to the property located in Collier County. 1.2 LEGAL DESCRIPTION The north half(N'/2)of the west half(W%Z)of the west half(W%z) of Section 11, Township 48 South,Range 25 East, Collier County, Florida containing 80.57 acres more or less. and; North 1/2 of the north 1/2 of the northwest '/,of the southwest Vs of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10.09 acres more or less. and; North 1/2 of the south 1/2 of the northwest '/a of the southwest '/,of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10.09 acres more or Iess. and; The south 1/2 of the north 1/2 of the northwest '/.of the southwest V.of Section 11, Township 48 South, Range 25 East, Collier County, Florida. containing 10.09 acres more or less. and; The south 1/2 of the south 1/2 of the northwest '/.of the southwest ''A of Section 11, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees and adjacent property owners. containing 10.09 acres more or less. and; The Southeast 1/4 of the Southwest Y4, less the South 30 feet thereof,of Section 11, Township 48 South, Range 25 East, Collier County,Florida. and; d3Y1001-a201a vr.10111-AJer jns CAM! 02934-007-001-ES8k 22959 1-2 The Southeast '/4 of the Northwest %,; The Southwest %,of the Northeast %a; The Northwest '/4 of the Southeast '/4; and the Northeast '/4 of the Southwest '/4; Less the North %z of the Southwest '/4 of the Northeast '/4 of the Southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 195 acres more or less. and; The North %2 of the Southwest '/4, of the Northeast '/4 of the Southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 5 acres more or less. and; The Northeast 1/4 of the Northwest V.and the Northwest 1/4 of the Northeast '/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida. containing 80.40 Acres more or less. and; A parcel of land located in Sections 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Beginning at the southeast corner of the southwest '/4 of Section 12, Township 48 South, Range 25 East, Collier County Florida; thence run North 00°52'07" West along the east line of said southwest '/4 of Section 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00°52'07"West along the east line of the southeast '/4 of the northwest 1/4 of said Section 12, for a distance of 1316.77 feet to the northeast corner of the southeast '/4 of the northwest '/4 of said Section 12; thence run South 88°54'06" West along the south line of the southeast '/4 of the northeast '/4 of the northwest 1/4 of said Section 12, for a distance of 662.28 feet to the southwest corner of the southeast 1/4 of the northeast 1/4 of the northwest 1/4 of said Section 12; thence run North 00°50'22"West along the west line of the southeast '/4 of the northeast '/4 of the northwest 1/4 of said Section 12, for a distance of 658.71 feet to the northwest corner of the southeast 1/4 of the northeast '/4 of the northwest % of said Section 12; thence run North 88°55'45"East along the north line of the southeast 1/4 of the northeast '/4 of the northwest '/4 of said Section 12, for a distance of 661.95 feet to the northeast corner of the southeast 'A of the northeast 1/4 of the northwest '/4 of said Section 12; thence run North 00°52'07" West along the east line of the northwest 1/4 of said Section 12, for a distance of 658.39 feet to the northeast corner of the northwest '/4 of said Section 12; thence run South 88°57'20"West along the north line of the northwest '/4 of said Section 12, for a distance of 2646.45 feet to the northwest corner of the northwest 1/4 of said Section 12; thence run South 00°45'07"East along the west line of the northwest '/4 of said Section 12, for a distance of 1319.36 feet to the northeast corner of the southeast 1/4 of the northeast '/4 of Section 11, Township 48 South, Range 25 East; 4rlsreool-sza0 ver 1w-AJenMn. coo 02434007-001-ESBM-22950 1-3 thence run South 88°54'42" West along the north line of the southeast 1/4 of the northeast 1/4 of said Section 11, for a distance of 1325.63 feet to the northwest corner of the southeast '/4 of the northeast '/4 of said Section 11; thence run South 00°45'23"East along the west line of the southeast '/4 of the northeast '/a of said Section 11, for a distance of 1320.39 feet to the southwest corner of the southeast '/4 of the northeast 1/4 of said Section 11; thence run South 0°45'04" East along the west line of the northeast '/4 of the southeast '/4 of said Section 11, for a distance of 1321.73 feet to the southwest corner of the northeast 1/4 of the southeast '/4 of said Section 11; thence run South 88°46'37" West along the north line of the southwest '/4 of the southeast 1/4 of said Section 11, for a distance of 1325.33 feet to the northwest corner of the southwest 1/4 of the southeast '/4 of said Section 11; thence run South 00°45'39"East along the west line of the southwest '/4 of the southeast 1/4 of said Section 11, for a distance of 1323.80 feet to the southwest corner of the southeast 1/4 of said Section 11; thence run North 88°41'15"East along the south line of the southeast '14 of said Section 11, for a distance of 2650.25 feet to the northwest corner of Section 13, Township 48 South, Range 25 East; thence run South 00°43'28"East along the west line of the northwest 1/4 of said Section 13, for a distance of 675.60 feet to the southwest corner of the northwest 1/4 of the northwest 1/4 of the northwest '/4 of said Section 13; thence run North 88°38'13"East along the south line of the northwest '/4 of the northwest '/4 of the northwest V.of said Section 13, for a distance of 664.12 feet to the southeast corner of the northwest 1/4 of the northwest 1/4 of the northwest 1/4 of said Section 13; thence run North 00°41'49"West along the east line of the northwest '/4 of the northwest '/4 of the northwest 1/4 of said Section 13, for a distance of 675.07 feet to the northeast corner of the northwest 1/4 of the northwest 1/4 of the northwest 1/4 of said Section 13; thence run North 88°41'00" East along the south line of the southwest '/4 of Section 12, Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of Beginning. Less and excepting therefrom the Northwest '/4 of the Northwest '/4 of the Northwest 1/4 of said Section 13. containing 472 acres more or less. and; The Northeast '/4 of the Northeast '14 of Section 11, Township 48 South,Range 25 East, Collier County, Florida, O.R. Book 2211, page 606 containing 40 acres more or less. and; The North %2 of the North %2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. and; M2S1200,-s2o4e vs:104-A Je,A A,s CANS 02034-007-001-ESBM-22050 1-4 The South '/2 of the North %2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. and; The North '/2 of the South %2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. and; The North '/2 of the Southeast 1/4 of the Northeast '/a of the Northwest 1/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida, containing 5.0 acres more or less. and; The South %2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida, containing 5.0 acres more or less. and; All that part of Section 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast corner of said Section 12; thence along the south line of said Section 12, South 88°40'22"West 2657.64 feet to the south '/4 corner of said Section 12; thence leaving the south line of said Section 12 along the north-south '/4 line of said Section 12, North 00°51'30" West 1315.48 feet; thence continue along said line North 00°51'12"West 1316.19 feet to the center of said Section 12 and a point hereinafter referred to as Point"A"; thence along the east-west 1/4 line,North 88°51'44"East 1160.07 feet; thence leaving said east-west '/4 line and along the west line of that land described in O.R. Book 2641, page 3405, Public Records of Collier County, Florida,North 00°53'36"West 657.34 feet to a point of the south line of the North '/2 of the SW %4 of the NE 1/4 of said Section 12; thence along said south line,North 88°54'36"East 165.65 feet to a point on the west line of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said west line North 00°54'O1" West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along said south line, South 88°54'36"West 1325.19 feet to the north-south 'A line of said Section 12; thence along said north-south 1/4 line,North 00°50'59"West 628.30 feet to the northwest corner of that land as described in O.R. Book 1952,page 284, Public Records of Collier County, Florida and a point hereinafter referred to as Point"B"; 4/26@001-52046 Vet-104.wM,unn CAM 02934.007-001-E59M•2296E 1-5 thence along the north line of said land, North 88°55'21"East 1324.63 feet to the northwest corner of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said line, North 88°55'21"East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12; thence along said line South 00°57'34"East 657.27 feet; thence continue along said line South 00°58'26"East 656.84 feet to the east-west 1/4 line of said Section 12; thence along said line North 88°51'44"East 264.89 feet to the east '/4 corner of said Section 12; thence along the east line of said Section 12, South 00°59'11"East 2622.86 feet to the Point of Beginning of the parcel herein described Containing 213.71 acres more or less 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of, or contract with LBP, or their assigns, whose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY A. Mediterra is an in-fill project to be developed on 1696 acres located west of I-75 in north Collier County and south Lee County. Approximately 1168 ± acres of the project are in Collier County and the remaining acres are in Lee County. The PUD jurisdiction applies only to the property located in Collier County. B. The Collier County project site is located in Sections 11 and 12, Township 48 South, Range 25 East, and is generally bordered on the west by Industrial and Residential zoned property and Old US 41; on the north by Lee County Agricultural zoned property; on the east by Agricultural zoned property; and on the south, by RSF-3 (Imperial Golf Estates)zoned property and Agricultural zoned property. The location of the site is shown on Exhibit"A". C. The zoning classification of the subject property at the time of PUD application is Agricultural and Agricultural with ST overlay and PUD. D. Elevations within the site vary from approximately 11 to 14 feet-NGVD. The Project is located outside the 100-year floodplain. Specifically, the Project is located within Zone X of the FEMA Flood Insurance Rate Map (panel numbers 120067 0185D, 0191D, and 0195D, dated June 3, 1986). E. According to the Collier County Soil Survey prepared by NRCS, 14 soil units are present on the project site. These units, all of which are conunon to Collier County c26200l-52040 Vet'10A-...Jenkins cm,43 020:14.007-001-ESBM 22060 1-6 and southwest Florida, include the following: Malabar fine sand; Riviera-limestone substratum/Copeland fine sand; Immokalee fine sand; Hallandale fine sand; Pineda fine sand-limestone substratum; Basinger fine sand; Riviera fine sand-limestone substratum; Boca fine sand;Boca/Riviera-limestone substratum/Copeland fine sand, depressional; Holopaw fine sand; Urban land-Holopaw/Basinger complex; Satellite fine sand; Urban land-Satellite complex; and Hallandale/Boca fine sand. Vegetation on site primarily consists of pine flatwoods with palmetto subcanopy, pine flatwoods with graminoid subcanopy, cypress-pine-cabbage palm, melaleuca, fallow agricultural land, and other open agricultural lands. Exotic vegetation (i.e., Brazilian pepper and melaleuca) has invaded most habitat types. The levels of infestation of melaleuca and Brazilian pepper have increased significantly since the original site mapping. Many of the wet prairies, pine flatwoods,pine graminoid and pine-cypress-cabbage palms habitats have been heavily invaded by melaleuca and/or Brazilian pepper. A detailed vegetative inventory and FLUCCS map is included. F. The Project is located within the Cocohatchee River Basin (Class II) as depicted within the Collier County Drainage Atlas(June 1998). 1.5 DEVELOPMENT OF REGIONAL IMPACT LBP has received a Binding Letter of Interpretation of DRI status from the Florida Department of Community Affairs(DCA)determining that the project is not a DRI and will result in no regionally significant impacts. At the time the binding letter was received, the project was known as Toulon. 1.6 DENSITY A. Mediterra is to be developed on 1,696 acres in north Collier County and south Lee County. The number of dwelling units authorized to be built pursuant to the DCA's binding letter,dated February 5, 1999, is 950 units. The gross project density,therefore, will be a maximum of 0.56 units per acre. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. B. At all times all property included within Mediterra as described in Section 1.2 shall be included in determining the Collier County project area density. 425/2001.52046 Ver.10A-Alenkins cwa 02034-007401.E51351-22959 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Mediterra, and to identify relationships to applicable County ordinances,policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Mediterra, a private golf course community, will include a range of single family and multi-family housing along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood retail goods and services, and a recreation and aquatic center. B. The Master Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. D- 2934-54). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2,of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Mediterra shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC, and the Developers Contribution Agreement dated February 17, 1998, as amended, with respect to road impact fee credits and the vesting of Certificates of Public Facilities Adequacy. 0/3/2001-6204E Ver 108-Monkey CAM 02034-007-001-ESBI.1-22050 • 2-2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. H. For purposes of the various impact fee ordinances, residential uses, other than the conventional single family detached dwellings, shall be classified as either multi- family or condominium/townhouse in accord with definitions of the applicable impact fee ordinance. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. LBP may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as would be constructed, managed and financed by such a CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Mediterra. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. LBP reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. LBP retains the right to establish gates, guardhouses, other access controls, signs and monuments 4/25/2001-52046 Vs.10A-AbOkki4 CAW 02034-007.001-ESD*4-22959 • 2-3 as may be deemed appropriate by LBP on all privately owned and maintained project roadways. A. Roadways within Mediterra shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: 1. LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum right- of-way width to be utilized for a local street within Mediterra shall be forty (40) feet. 2. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 3. LDC Section 3.2.8.4.16.10. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. LDC Section 3.2.8.4.16.6. - Cul-de-sac radius: The minimum right-of-way radius to be utilized shall be fifty-five(55) feet. B. Sidewalks/bike paths shall conform with Section 3.2.8.3.17. of the LDC except as follows: 1. LDC Section 3.2.8.3.17.2. - The Mediterra loop road shall be considered a minor collector street and shall have an eight-foot (8')wide pathway on one side of the street that will meander in and out of the right-of-way. 2. LDC Section 3.2.8.3.17.2. - Both project entrance streets shall require a sidewalk or bikepath on one side of the street. 3. LDC Section 3.2.8.3.17.3. - All cul-de-sacs shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a) the right-of-way section shall include two ten foot (10') wide travel lanes, with two foot(2')mountable curbs,and b) the gross density of the cul-de-sac shall be less than two (2) units per acre. 2.6 LAKE SETBACK AND EXCAVATION A. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the non-mountable (barrier) curb to the edge of water. Upon approval by the Community Development and Environmental Services Administrator, equal substitutes to non-mountable 4/25/2001.5204e Vr.t0A-AJenkins Gwa 02054.007.001-ES1114-22059 2-4 (barrier) curb will be allowed. The minimum lake setback from lakes to the Project boundary shall be 20 feet. B. Upon receipt of a development excavation permit, all lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1, however removal of fill and rock from Mediterra shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Excavation for Livingston Road construction north of Immokalee Road and off- site hauling of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. D. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by LBP and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos,parking areas,tents, and signs, shall be permitted principal uses throughout Mediterra. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the exception that five (5) dry models shall be allowed within each development tract, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 1 OD-6, and may use potable or irrigation wells. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein 4252001.5204E Vr.10A-AJSYths cMl1 02934-007-001-ESBM-22959 2-5 may be made by LBP in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Mediterra Master Plan upon written request of LBP. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Mediterra PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-ways, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 4725/2001.5404E Var.10A-AJsnkins CANO 02934-007-001.EWA-22959 2-6 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a Property Owners' Association. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, LBP shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Mediterra, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Mediterra. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms-vertical B. Fence or wall maximum height: Ten feet(10'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure,the wall shall not exceed eight feet(8') in height from the top of berm. C. Upon submission of a typical cross-section, aerial, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Mediterra PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats,or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from internal right-of-way provided that shrubs are provided in the right-of-way pursuant to Section 2.7 and may be located five feet(5') from project perimeter. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights- Y25l2001.62040 Vet- AJenklne CAM 02934-007-001.EWA-22960 • 2-7 of-way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements as approved by the Mediterra Design Review Team. G. Landscape berms located within the Mediterra PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. H. Internal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may be transported and stockpiled within areas which have been disturbed/farmed or are shown as development areas on an approved PSP. Prior to stockpiling in these locations, LBP shall provide written notification to the Community Development and Environmental Services Administrator. Residential areas 25 acres or less (including building footprints) shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or SDP. The following standards shall apply for all stockpiling on-site: A. Stockpile maximum height: forty-five feet(45') B. Stockpile maximum slide slopes:2:1 C. Fill storage areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.2.3. B. Mediterra is planned as a private, functionally interrelated community under unified control. LBP has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, 4Z5/2001-52048 V. 10A-AJe,WMis 02034-007.001-EMI-22060 2-8 signage, lighting, sidewalks, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. To further ensure that the Mediterra design guidelines and standards are complied with, no SDP or PSP may be submitted or approved without the Mediterra Design Review approval. 2.14 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.15 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for agriculture or cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mediterra PUD except in the Wetland Conservation Area. General permitted uses are those uses which generally serve LBP and residents of Mediterra and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Septic system for remote golf shelters 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, trails and recreational facilities. 8. Temporary construction, sales, and administrative offices for LBP and LBP's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 4/25 2001-52049 Vey 10A-AJMlktrr CAMS 02974-007-001.ESB0A-22059 • 2-9 9. Landscapethardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. 10. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD. 11. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Guardhouses, gatehouses, signage and landscape features,and access control structures shall have no required setback. 2. Setback from property lines: Front: ten feet(10') Side: five feet(5') Rear: ten feet(10') 3. Minimum distance between structures which are part of an architecturally unified grouping- five feet(5'). 4. Minimum distance between unrelated structures-ten feet(10'). 5. Maximum height of structures-thirty-five feet(35'). 6. Minimum floor area-None required. 7. Minimum lot or parcel area-None required. 8. Sidewalks and bikepaths may occur within County required buffers. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediten:a development standards, are to be in accordance with the applicable LDC provision in effect at the time this PUD is approved. 4 25/2001-5201E Vert 10A-AJenkina 04 43 0201a07-001-ESN*22550 • 2-10 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 646 acres included in the preserve area, lakes, recreation, open space, golf and buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements of Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. There may be some minor adjustments to the proposed preserve areas during SFWMD permitting. 2.19 SIGNAGE A. GENERAL 1. All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers/easements with the approval of the Mediterra Design Review Team. B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at each property corner. The boundary marker may contain the name of the community, and the insignia or motto of the development. 4 2N2001.3201E VK 100.-AJenkM CJH17 021134-007-001•ESBI.M 22059 2-11 2. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square footage of name, insignia, and motto only. 4. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. C. PROJECT ENTRANCE SIGNS 1. Three ground or wall-mounted entrance signs maybe located at on both sides of the entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. 4. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. TEMPORARY SIGNS 1. Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 160 square feet in area. If the sign is two-sided, each sign face may not exceed 160 square feet in area. 3. The setback for temporary signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. 4/2512001.52048 V.r 10A-AJetlke CAM 02934-007-001-ESBAI 22959 2-12 4. Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99%build-out. 6. Special event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. 7. Grand opening signs: LBP may display on-site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. E. CONSTRUCTION ENTRANCE SIGNS 1. Two "construction ahead" signs may be located at appropriate distances ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. F. INTERNAL SIGNS 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road right-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Mediterra. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. 4125/2001-52045 V.r.10A-AJen*Ys C..q 02034-007001-ESBA4 22250 2-13 3. LBP may have real estate signs with a maximum size of 6 square feet per side in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", etc. No building permit is required. G. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 4,25R001-62 W!Ver.10A-AJ.nldn. CAM 02934-007.001-EWA-22959 3-1 SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached Dwellings 4. Multi-Family Dwellings 5. Guest Houses 052001.52046 Vet.103-AJenk ns UMJ 02091-007-001-MN-22959 3-2 6. Any other principal use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the"R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district including neighborhood community recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the"R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential District. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Mediterra design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval or Preliminary Subdivision Plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. Required property development regulations may be approved that are different than those set forth in Table I, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. F. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by LBP, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, 4252001.52046 Ver 10A-Menke's CANTS 02034-007-001-ES8M-22050 3-3 current policies and procedures, and performed by LBP's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of the request for connections. 4f25R001-52040 Vary 10A-AJenkins cae43 02934-007-001-ESBM-22950 3-4 TABLE I MEDITERRA DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY PATIO&ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX& ATTACHED AND DWELLINGS DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF*4 3,000 SF NA Minimum Lot Width*5 75 50 35 30 NA Front Yard Setback (Principal and Accessory) 20 20*3 12/20*3 12/20*3 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback'? (Principal) I0 5*8 10 10 .5 BH Rear Yard Setback*I (Accessory) 5 5 5 5 10 Side Yard Setback 7.5 0*6 0 or 7.5 0 or.5 BH .5 BH Maximum Height*2 40 35 35 35 50 Floor Area Minimum(SF) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH BII: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical build,. configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks. Flag lots shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within I foot of the right-of-way line. With approval from LBP,front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). '1 -Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from LBP Design Review Committee and Project Plan Review. '2- Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. '3-Units with side entry garage may have a 12 foot front yard setback. Units with front entry garage must have a minimum 20 toot front yard setback. '4-Each half of a duplex unit requires a lot area allocation of 3,5tX)S.F.for a total minimum lot area of 7.000 S.F. *5-Minimum lot width may be reduced by 20%for cul-de-sac lots provided minimum lot area requirement is still maintained. *6-Zero foot(0')minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios,pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 With written approval from LLBP Design Review Committee,the setback from the twenty foot(20')lake maintenance easement for principal structures may be zero feet(0')with a minimum twenty feet(20')from the waters edge. *8 Setback from lake may be 0 feel providing architectural bank treatment is incorporated into design and subject to written approval from LBP Design Review Comm, and Project Plan Review 8,5/2001-521140 Ver.106-A.f,.41klns GAM 02934-007.001.ESBM-22959 4-1 SECTION IV VILLAGE CENTER 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as"Village Center." 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 60,000 square feet floor area of non-commercial uses as listed below, and 20,000 square feet floor area of commercial uses as listed below, may be constructed on lands designated "Village Center." 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: l. Golf courses, golf clubhouses,and golf facilities. 2. General store with convenience goods and deli. 3. Tennis,health and fitness, swimming and other recreational clubs. 4. Project information and sales centers. 5. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 6. Public administration facilities. 6/5/2001-52046 Vet:108-AJenkins C.A1A13 02634-007-001-ESBM-22959 4-2 7. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers,picnic areas, fitness trails and shelters. 8. Temporary construction access roads. 9. Commercial banks - drive-through facilities are prohibited (Groups 6021- 6029) 10. Real estate agents and managers for property within PUD only (Group 6531) 11. Hardware store only-2,500 sq./ft. maximum floor area(Group 5251) 12. Variety stores-2,500 sq. ft. maximum floor area. (Group 5331) 13. Miscellaneous general merchandise stores, except catalog showrooms - 2,500 sq. ft. maximum floor area(Group 5399) 14. Grocery stores, except frozen food and freezer plans - 10,000 sq. ft. maximum floor area(Group 5411) 15. Fish,meat, and seafood markets only(Group 5421) 16. Fruit and vegetable markets(Group 5431) 17. Retail bakeries(Group 5461) 18. Health food store only- 2,500 sq. ft.maximum floor area(Group 5499) 19. Gasoline service stations,except truck stops(Groups 5541) 20. Apparel and accessory stores - 2,500 sq. ft. maximum floor area (Groups 5611-5661) 21. Record and prerecord tape stores(Group 5735) 22. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive-through facilities(Group 5812) 23. Liquor stores(Group 5921) 24. Gift,novelty,and souvenir shops(Group 5947) 25. Sewing,needlework, and piece goods stores(Group 5949) 4/2 2001.52046 Ver 195-Alenkkq uw] 02934-007.001,ESIEM4 22950 4-3 26. Florists (Group 5992) 27. Agents for laundries and dry-cleaner only(Group 7212) 28. Coin-operated laundries and dry-cleaning(Group 7215) 29. Diaper service, and garment alteration and repair shops only(Group 7219) 30. Beauty shops, except beauty schools and cosmetology schools(Group 7231) 31. Barber shops, except barber colleges(Group 7241) 32. Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only(Group 7299) 33. Housekeeping and maid service only(Group 7349) 34. Video tape rental(Group 7841) 35. Physical fitness facilities(Group 7991) 36. Offices and/or clinics of physicians, and offices and/or clinics of dentists (Groups 8011-8021) 37. Offices and clinics of chiropractors(Group 8041) 38. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the Village Center District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks,playgrounds and playfields. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the Village Center District. 4.5 DEVELOPMENT STANDARDS atnaaol-5204E vet 10A•AJenMna CAMS 02934.007-001-ESBM 22059 • 4-4 A. Minimum Yard Requirements: 1. Front Yard: Principal Structure- Twenty feet(20')minimum or one-half the building height,whichever is greater. Accessory structure-Ten feet(10'). 2. Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure - Five feet(5'). 3. Rear Yard: Principal Structure - Twenty feet (20'). Accessory structure - Five feet (5'). 4. Setback from a lake for all principal and accessory uses may be zero feet (0')provided architectural bank treatment is incorporated into the design. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50'), except clock towers or similar architectural features,which shall be permitted up to sixty-five feet(65'). D. Commercial uses shall be located a minimum of two hundred and fifty feet (250') from the perimeter boundaries of the PUD and the nearest external roadway providing access to the PUD. E. Commercial uses shall be located within a 1/3 mile radius of at least 80% of the _ residential units that are east of Livingston Road North-South. F. Minimum distance between all other principal structures-Fifteen feet(15'). G. Minimum distance between all other accessory structures-Ten feet(10'). H. Minimum floor area-None required I. Maximum floor area ratio for commercial uses - 0.25 J. Minimum lot or parcel area-None required K. Minimum lot width-None required L. Parking for any and all uses and structures constructed in the Village Center District: one(1)space per 200 square feet of building area. M. Standards for landscaping, architecture, and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4/25/2001-52046 Ver 10A-AJenldes CAM 02934.007-001.ESBM-22959 5-1 SECTION V RECREATION AND OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R/O". 5.2 GENERAL DESCRIPTION Areas designated as "R/O" on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses, golf clubhouses, and golf facilities. 2. Tennis,health and fitness, swimming and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Temporary construction access roads. 8. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" District. 6'5/2001-52046 Ver:108-AJenknc W4f 02934-007-001.ESBM-22959 5-2 B. Permitted Uses And Structures Within Archaeological Site 1. Opens space uses and structures such as,but not limited to, nature trails,bicycle trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and associated playground areas, landscaped areas, irrigation pipes, volleyball courts, rest shelters, and drinking fountains. Any uses and structures permitted shall not disturb areas beneath the existing soil surface and a minimum of 6 inches of clean fill dirt shall be placed over the area except in places where the area will be left in its natural state or will be landscaped. A certified archaeologist shall be present on site to monitor any excavation for irrigation pipes and landscaping. 2. Any other uses and structures which are comparable in nature with the foregoing and which the Development Services Director determines to be compatible. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf,tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve the residents of Mediterra and their guests. 5. Telecommunications facilities. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"R/O" and Miscellaneous Open Space/Buffer District. 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of ten feet (10') from "R/O" District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half(%)the height of the structure. B. Accessory structures shall set back a minimum of five feet (5') from "R/O" District boundaries and private roads, and twenty feet (20') from all PUD boundaries and .n5a001.6204E Von-,M-AJe46 1& CND 02934-007-031-ESE51-22959 5-3 residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half(%)the height of the structure. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures-Sixty-five feet(65'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping-Ten feet(10'). F. Minimum distance between all other principal structures-Fifteen feet(15'). G. Minimum distance between all other accessory structures-Ten feet(10'). H. Minimum floor area-None required. I. Minimum lot or parcel area-None required. J. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, excluding cart storage areas, which shall be considered inclusive of required golf course parking K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra design development standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights,and floor area standards apply to principal structures. L. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6 F.A.C., and may use potable and irrigation wells. +R5/2001-52 W E Vac,0A-AJenkini CAP43 02434-007-001-MIA-22050 6-1 SECTION VI PRESERVATION AREA 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Mediterra designated on the Master Plan, as Preservation Area. 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks golf cart paths and nature trails (elevated and at grade), and gazebos. 2. Water management facilities. 3. Temporary construction access road. 4. Utility or roadway crossings. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preservation Area. 6.4 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract,whichever is applicable, is required for preservation lands included in the Preservation Area. LBP, their successor or assigns, or the Meditcrra CDD shall be responsible for the control and maintenance of lands within the Preservation Area. 6/5/2001-52046 Vey I00-AJenklns CA43 02034.007-001.E5131.4-22959 • 7-1 SECTION VII . GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the general development commitments of LBP within Mediterra. 7.2 GENERAL A. All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this Project, except as otherwise set forth herein. B. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. LBP, its successors and assigns shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 7.4 TRANSPORTATION A. LBP shall provide a fair share contribution toward the capital cost of a traffic signal at the main project entrance onto Livingston Road (North-South) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Collier County and LBP entered into a Developer Contribution Agreement dated 17 February 1998, as amended (herein "Agreement"), to address the design, right-of-way acquisition, permitting, and construction of Livingston Road from Immokalee Road to the Lee/Collier County Line. C. As depicted on the Master Plan, Exhibit "A", LBP has reserved, pursuant to the terms authorized in the Agreement, a 100 foot wide right-of-way along the eastern edge of 616Q001.62048 Var.106.Alenklns CAM 02034-007.001•£s91.4 22950 7-2 the project for the construction of Livingston Road (North/South), and LBP has reserved a 170 foot wide right-of-way along the southern edge of the Project for the construction of Livingston Road (East-West). D. It is acknowledged that the cost of construction of Livingston Road is an advanced payment of Road Impact Fees pursuant to the terms of the Agreement (and that LBP is eligible for impact fee credits). Notwithstanding the determination of the adequacy of other public facilities and the payment of any other appropriate impact fees, LBP has complied with the requirements for transportation adequacy for the issuance of Certificate(s) of Public Facility Adequacy. E. Within 180 days of the adoption of the PUD Ordinance by the Collier County Board of County Commissioners, the developer shall convey by warranty deed a 200-foot wide right-of-way along the southern property boundary, east of Livingston Road North/South, for the construction of Livingston Road East/West. The developer shall receive impact fee credits pursuant to the Collier County Consolidated Impact Fee Code Provisions as set forth in Section 74 of the Collier County Code of Laws and Ordinances and as referenced in Section 2.2.20.3.7 of the Collier County Land Development Code. F. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. 7.5 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by LBP. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17, as amended, except as may be provided in Section 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. D. Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander during construction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as-built survey of the utilities will be required and shown on the record drawings. 4/25 2001-62040 vac 10A•AJx*mi c3 02934.007-001-EMI.22950 • 7-3 E. Landscaping and sidewalks will be allowed within the right-of-way/County utility easement (R.O.W./C.U.E.) and over the County owned potable water mains and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W./C.U.E. For large vegetation and trees(palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. The Collier County Public Works Department will not be responsible for the repairs, replacement, maintenance or restoration of above-ground improvements or landscaping installed by LBP within the R.O.W./C.U.E. The aforementioned costs shall be the sole financial responsibility of LBP, its successor and assigns. This clause will be shown within the homeowners' association documents and on the construction plans. F. The County owned potable water mains will end at the beginning of the cul-de-sac with a fire hydrant. Potable water services will be extended to serve residential lots along the cul-de-sac. Conduits will be provided for the potable water services, where necessary. G. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance from the BOC to the right-of-way line will be 13 feet. Reference the typical cross-section attached as Exhibit `D', Section A. H. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the BOC. The minimum distance from the BOC to the right-of- way line will be 8 feet. Reference the typical cross-section attached as Exhibit `D', Section B. I. For the County owned potable water mains and forcemains located along the loop roadway, the potable water main will be located a minimum 7.5 feet off the BOC and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right-of-way line will be 15 feet. For the loop roadway section with a median, the minimum distance from the BOC to the right-of-way shall be 13 feet. Reference the typical cross-section attached as Exhibit `D', Sections C &D. J. The County owned potable water distribution system will be allowed to connect to the Collier County potable water transmission system along the Livingston Road (East- West) corridor, if necessary, to enhance pressures and chlorine residuals within the Project. To assist the County's operation and maintenance activities, LBP will provide a stabilized access in areas where there is not paved access adjacent to the County owned potable water main. 4176/20 01-62 016 Ver.10A-Alenki s CAW 02534-007-001-ESBk1-22959 7-4 K. Collier County and LBP entered into a Utility Facilities Reimbursement and Contribution Agreement dated 12 January, 1999 to address the design, permitting and construction of utilities along Livingston Road from Immokalee Road to the Lee/Collier County Line. L. Irrigation water will be provided with a separate non-Collier County owned distribution system supplied by on-site wells,reclaimed water and/or other non-potable sources. 7.6 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this Project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. The applicant is allowed to not provide 10 percent littoral zone planting within every lake provided that compensatory littoral plantings are provided in other interconnected lakes within the Project phase. The applicant will provide the required total littoral zone plantings that would be required for the Project. 7.7 ENVIRONMENTAL A. The Collier County 'ST' overlay will be eliminated. A conservation easement will be provided for the proposed preservation areas per Section 6.4. Based upon final SFWMD permitting there may be some minor adjustments to the proposed preservation areas. B. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Mediterra PUD, the Environmental Impact Statement (EIS) submitted in conjunction with the application for public hearing for PUD Rezone shall serve as the EIS and the requirement for obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Mediterra PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an EIS supplement. C. Collier County shall defer environmental permitting regarding wetlands, wetland impacts and wetland mitigation to the SFWMD. LBP shall coordinate with and copy Collier County on approved permits. D. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Game and Fresh Water Fish Commission Gopher Tortoise Relocation or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. 4,25/2001-5204E Ver.10A-AJ..idns 02934-007-001-ESBM-22959 7-5 E. All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas including those that are recorded on a plat shall be dedicated to LBP, their successor or assigns, or the Mediterra CDD for the responsibility of the control and maintenance of lands within the Preservation Area. F. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within preservation areas. G. Petitioner shall comply with all permit conditions and stipulations contained within US Army Corps of Engineers and SFWMD permits issued for Mediterra which concern protected wildlife species. H. The Preservation Areas incorporate wetlands as well as buffers including upland and structural buffers. The Project will be consistent with SFWMD criteria including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the Preservation Areas will be required. 4I25I1001-5201E Vat-t0A-AJankw CAa 3 02934.007.001-EMU-22059 • 8-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8.1 PURPOSE The purpose of this Section is to address and resolve potential inter jurisdictional issues related to Mediterra PUD resulting from its location in both Collier and Lee Counties, pursuant to meetings and coordination between staff of both Counties. 8.2 ADDRESSING A. As stated in Exhibit C - Letter dated February 19, 1998 from United States Postal Service Postmaster C. M. Kigin, the main entrance for Mediterra is located within Collier County and therefore mail for the entire project will be delivered by the Naples Post Office. B. As to streets and roadways within Mediterra PUD that cross the boundary between Lee and Collier Counties, LBP shall select the names of internal roadways and determine in both counties that the name selected for each roadway is available and reserved in each county for the roadway before requesting either county to assign street addresses or numbers to lots or parcels located on such internal roadways. C. Collier County and Lee County representatives have agreed to work cooperatively to ensure the assignment of consistent street names and addressing on all internal roads crossing the County boundary. 8.3 EMERGENCY MANAGEMENT SERVICES A. Fire suppression, law enforcement and emergency medical services shall be the responsibility of the county entity or service provider having jurisdiction over particular parcel or lot. 8.4 UTILITIES A. The plans for utilities serving the Mediterra PUD will be submitted for review and approval to the appropriate utility company that has jurisdiction over the subdivision improvements and/or golf course. 8.5 DEVELOPMENT REVIEW PROCESS The Development Review Process will be performed in accordance with the Collier County Land Development Code and the Lee County Development Standards Ordinance. For 815R001-520411 Vim 108-AJenken CAN, 02434-007-001.ESBk4 22950 8-2 subdivision improvements and/or golf courses that are located within both counties, the following will apply: A. For the portion of the subdivision improvements and/or golf course located within Collier County, the development plans and plats will be submitted to Collier County for review and approval. Likewise, for the portion of the same subdivision improvements and/or golf course located within Lee County, the development plans and plats will be submitted to Lee County for review and approval. B. Approval of subdivision improvements and/or golf course improvements within the jurisdiction of one County will not be contingent upon the review and approval of the County not having jurisdiction over the improvements. 8.6 PLATTING A. Individual residential lots shall be planned so that they are located in one county or the other. B. Plats for the Mediterra PUD shall be approved and recorded by each County for land located within its jurisdiction. C. Building permits for lots in one county within a platted subdivision severed by the county boundary shall not be issued by that county until the remaining portion of the subdivision located in the other county has been approved and recorded in accordance with the respective county subdivision plat ordinance and land development code. 4125/2001.52046 Mir 10A-AJenukr CAM 02034-037-001.EMU-22059 1 11 x 1 1 ' \gi 4 \Ir 0, \: A , AO II .: ...d,. . \ \ 3.,....,„ ... , ial) gr.\\\.-..s,, al j V !�-1, VOA � �,,,� I F. � ' ram\ ` 4ok•..•••••.............• V :r 9 0 , reII \� ;! .,,,,,,, p ail— 466'u ::: iv `'ILL V o 4 ! o• it a`. oo its �\"O p0 t\i°�/ �,.al... �.D �000000 �/ 1 .1 \14"' rdsilts:-, 11 i j \LsIll 1 n fillf1\\"\ V N to s :: ..••••tils 11 rf:t 0 �! �o� "� 1 \hsr.)gi 11,\,,`3, itsp 1 1 1‘r-4 i I 1 di la '."., .., '.\\. 1 t-------i.t,it: li F 11 o0 NI Oy Bap MiliX -11111/ill i p] 7iligli Bch Y,1p1 ,F- .•At- fTa�9"F NI— lad !loll i I i f i F, g M C�EDOUIENG1a I- WilsØnMiller 4 ; EXHIBIT R '� PUD MASTER PLAN Minor. Eynarli-E WyaY• wryva a.nmcw.aarca nww.uw.cw,rwas `�'E en•Shc4Aer,hc. PREPARED FOR THE BONITA BAY GROUP wwa• tea9.200' a.w. g' '�' ' i r. N F rRo svrrcw. nl.eNspta.r,b Flan"s.ps-um STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2001-61 Which was adopted by the Board of County Commissioners on the 13th day of November, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of November, 2001. DWIGHT E. BROCK Clerk of Courts; oneCler16:%, . . Ex-officio to County Commissiene , f;: : r • By: Ellie Hoffman, Deputy Clerk PDI RESOLUTION NO.04—11 RELATING TO PETITION NUMBER PDI-2004-AR-5337 FOR INSUBSTANTIAL CHANGES TO MEDITERRA PUD MASTER PLAN FOR PURPOSE OF THE REMOVAL OF THE ENTRY ROAD CONNECTION TO THE FUTURE EAST-WEST LIVINGSTON ROAD AT THE SOUTHEAST CORNER OF THE PROPERTY AND THE ADDITION OF AN OPTION OF RESIDENTIAL DESIGNATION (R) TO THE VILLAGE CENTER DESIGNATION (VC) EAST OF NORTH-SOUTH LIVINGSTON ROAD. THE MEDITERRA PROJECT IS LOCATED WITHIN LEE AND COLLIER COUNTIES, HOWEVER THE PUD JURISDICTION APPLIES ONLY TO THE PROPERTY LOCATED IN COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125,Florida Statutes, has conferred on all counties in Florida 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 establishes regulations for the zoning of particular geographic divisions of the County;and WHEREAS,the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUDs in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County;and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected,has held public hearing after notice as in said regulations made and provided,and has considered the advisability of PDI- 2004-AR-5337 for insubstantial changes as shown on the revised Mediterra PUD Master Plan for the Mediterra PUD (Exhibit "A"), Ordinance Number 01-61, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY,FLORIDA,that: 1 The petition filed by Anita Jenkins,AICP, of WilsonMiller, representing Long Bay Partners LLC, be and the same hereby is approved for making the noted minor design changes to the Mediterra PUD having the effect of revising the Master Plan to remove the entry road connection to the future east-west Livingston Road at the southeast corner of the property and changing the Village Center(VC) designation, east of north-south Livingston Road, to Village Center(VC) and/or Residential (R) designation to allow for the option of residential development. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PDI- 2001-AR-5337 be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion,second and majority vote. Done this 5th day of August,2004. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA iki CIA P}k-----s>_______ ....._ R-US'aT,LL A.13141414,Chairman ►MaQR P 5i''ciok U,2t__- ATTEST: .•.eph K.Schmitt,Comm 'ty Development . d Environmental Services Administrator Approved as to Form and Legal Sufficiency: Marjorie tot.Student Assistant County Attorney PDI-2001-AR-5337/MB/sp 2 i i 9 :‘;:,„'N,:•,, ,,, , M,j) , wil t --.,?//V a� " E \� b �,` '4 � \mac�yf, 11 \,i. .i,../ .,.:................7.:....,... ,„ on ' • ,,5-,/ iiii,:i',*'-' - / • lt. p—Ir: e . ai / C III o \e111 � i,?;:7-1V.,',k1 ,„:',' ,:osz::,„',,,,..k.-,3:..,:so'-‘4. 7. .Y00 i \a A d h". Q (( 7. 0 / A 1.i O (1131� flu a 41° . i, 1 _ -tg7ecaoo�unanwwsa,nawasr—• -------- • r.___--T 70 np I 1 \.''Q I A4 1.4.. ....• ..,.......... r a! 10 Ong 11 Exi:3.N vo ,/ 0 111 &1 I!! !. Q ii !a:G rI.aa i f I M I[if§ MEDITERRA WilsOnMiller ,-• ;4 4 . 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'• 14 ' I- t- I% Iri " , ... t• ik .: t..t-4elicita ' ,'. -•-•-• -- • ---.- -, -. . .. ,, ...: : :r...1!,-',..,: kse e 1. ''''-.1• • . ' a 11. 0 I . ' . ". .,, g h - .4 '4'•. r. i L r.i . - '1"10 • :'. ipso . ,,... , . 'ik at 0 d4 • 711104. dy - .•• • ,„ ,firi../,.r 4,-, •4 if f"-^".•ifi7.6;'....- •• "41' •- •-„e' i t '. - ,-,11 , , ) „,,Lzi... . 1-.-ii;-,Y •• 743),' '' • '*'"••• 4• . ••- ..i, ,. ) ;4••irs.s,_..44 ,, •''' ,.•-Lri 9;•-/-41,1,,'4 :44.'..-S 41 :,..f'- 1.....f! • ' Y10 ,f.,,p.•.„..,:!1,: 41:4 ,:,..':::•-..e,,i,•71,!!.:I.' ...47.„:,,m..4. .3 .?....P.... A.'.4.1'..-..A e:tr.:1-....1.t ' ' ,4e. ';' •f-•.'-2-.4 1",•-•• / 1 : From: lori cerisano <Icerisano@hotmail.com> Sent: Wednesday, December 21, 2022 1:37 PM To: Bill Bowden <billb@mediterraca.com> Subject: East Gate Approval To whom it may concern. My name is Lori Cerisano and I reside at 16515 Buonasera Court on the East side of the Mediterra Community. I apologize for not being there in person. I am away on vacation with my family at the moment but please note that I feel very strongly about my position and if I was home I would be there in person to advocate for this new gate. When I moved to Mediterra in the first week of August and heard about the proposed gate, I didn't feel it was necessary, however, after living here for four months, I now recognize the extreme importance of it. I cannot tell you how many times I've gone through the intersection between the east and west community to turn left down Livingston Rd. and felt like my life was in danger. That intersection is very difficult to navigate through and even if I'm aware of how I'm going to go through it, there are other drivers that don't seem to know how to handle it properly & put others at risk of an accident. There could be up to five cars at one time trying to go all different ways. Drivers are trying to make a U-turn, trying to turn across traffic into Mediterra, some people are trying to go straight and there seems to be no rhyme or reason on where you should position your car in that intersection. It is a complete nightmare!!! What makes it even worse is when there are landscaping & construction trucks towing trailers behind them that you can't even see the oncoming traffic. I witnessed the aftermath of a collision a few weeks ago in that intersection and it is scary. I also feel very strongly about this because I have a daughter that is getting her driver's license in March. Although she is a good driver, it scares me knowing every morning she has to navigate her way through that dangerous intersection to go to school. Every one of us residents on the east side has no other exit option to keep ourselves safe like the residents on the west side has. Not to mention it is getting even busier since season is upon us & it is just going to get worse. Also, it is important for all of us residents on the east side to have a second escape route out of our development in case of an emergency. I believe this is poor planning from the very beginning of this development and should be rectified immediately. It's not an aesthetic issue, it's a safety issue and if this does not get approved, it is a blatant disrespect for all of our safety. Thank you for your time in this matter. Best, Lori Cerisano 973-769-3938 Bill Bowden General Manager Mediterra Community Association 15735 Corso Mediterra Circle Naples,Florida 34110 December 18,2022 Dear Mr.Bowden, Thank you for the opportunity to share our enthusiastic support for the construction of a second gate on the east side of Mediterra. We have been full time residents on Celebrita Ct.since 2016. When choosing our home,the lack of a second entrance/exit was identified as a strong negative. We overcame these concerns at the time but the situation continues to get worse. Multiple accidents and almost daily near misses have made egress from our community dangerous and very anxiety provoking. The increase in traffic on Livingston has only further complicated matters. In our opinion,an added gate would be a great asset to our community and benefit not only our safety but also add value to the homes in our community. We have every confidence that the new gate and landscape design you have proposed will ensure security and add to the beauty of our community. We are always willing to discuss our perspective if that would be helpful. Warm Regards, .bbLe, pc�ic Jim and Debbie Spaide 16457 Celebrita Ct. Naples,FL 34110 203-984-2157 Louis Friedrich 1689$Carninetto Ct, Naples FL 34110 December.19,2022 MCA Board of Directors 15735 Corso Mediterra Cir Naples, FL 34110 Dear Sirs As the Caminetto Neighborhood Representative, I strongly recommend and urge the construction of the proposed gate as the second access for Mediterra East. This project is vital for the safety end security of Mediterra East-its residents and visitors 1. Left hand turns on Lexington Rd either exiting or entering the Mediterra East gate during morning and evening commuting hours are particularly dangerous.This traffic hazard will only got worse given continued increases in nearby housing developments and the opening of the new high school on Veterans Memorial. 2. Access for Emergency vehicles could be delayed without an alternative entrance. This is especially critical during future Hurricane conditions when road blockages may occur. 3. Originally,2 access entrances were planned for Mediterra East as already exists for Mediterra West We understand that future developments like Mediterra East would now require 2 access points. 4. A safe second entrance would enhance the value of living in Mediterra East since some potential buyers have already expressed concerns about the hazardous crossing just to get to the Club facilities, I also strongly support all efforts in landscaping and infrastructure to mitigate noise and light concerns that nearby neighbors may have. Sincere' youp Louis - iodine Rodney Please share my letter as president of the Cabreo HOA with your board. I wanted to let you know we recently had our annual meeting ( in person and zoom) and I spent time in a open discussion on your board's decision to move forward on a second exit for east side residents. All of the residents thought the action to put in motion a second exit by your board was long overdue. We all are faced with tremendous growth in the area and turning back the clock is not viable but planning for the future is both appropriate and necessary. I understand some do not think change should occur regardless of the reason. Yet the world is changing and Naples is as well. When the enclave was proposed many of our residents wanted to "fight" the developer. They said our quality of life and property values would be impacted by taking away "green" space. We meet, discussed and realized the benefit outweighed the negative. In our meeting the same analysis was put to the east side gate. We all worry about our safety in not having another exit. The fact we do not has been a negative in comments people make about living on the east side. We believe easy, safe access will increase our property values. We discussed the apartment complex across from us being built. It is large, massive and will generate cars on veterans across from us.The amount of traffic (cars) coming out of the east side gate will be minimal to the total that will use the road. Any argument on road noise must accept it will not be from us.Any belief not building the exit will change the situation is not facing the reality of what is being done all around us. We all do things based upon knowledge we have at the time we make decisions. Yet as time moves forward situations and necessity's change.The MCA board is faced with trying to insure the safety of all residents in these uncertain times.Tough decisions never please all but if correct for the majority they need to be made. Thank you for allowing me to share our thoughts Rob Obler President of Cabreo HOA From: Norm and Cyndee<normcyndee@comcast.net> Sent:Tuesday, December 20, 2022 10:52 AM To: Bill Bowden <billb@mediterraca.com> Subject: Re: East Gate Dear Bill and MCA management, As neighborhood representative for Cabreo, I have shared information regarding the proposed east gate with neighbors.The majority of our neighborhood is supportive of the east gate, believing it necessary for the safety and security of our east side neighborhoods.There is currently only one gate, one way into or out of the east side of Mediterra. The proposal for an additional gate makes sense. It would provide neighbors an alternative way to exit the east side property if there is desire or need, as in the case of a downed tree, fire, or other blockage of the main gate. It would also provide faster access for fire and rescue to enter the east side neighborhood.Traffic on Livingston road is often intense and could delay emergency response. It just makes sense from a safety and security point of view to have an additional exit and entrance for emergency vehicles.This is all with the understanding the gate area would be landscaped to Mediterra standards. While I empathize with those who feel their view or property might be impacted by the new gate, I trust the MCA to thoughtfully landscape and protect these properties and believe the safety and security of the neighborhoods on the east side need to be the primary motivator for the east gate project to proceed. Respectfully, Cyndee Sturtevant Cabreo Neighborhood representative FROM THE DESK OF Jeff Roberts December 21, 2022 Bill Bowden Mediterra Community Association Naples Florida 34110 Dear Bill, I am writing to lend enthusiastic support to the "East Gate initiative" under consideration for the Mediterra community. As you know nearly twenty(20)percent of the homes(or close to 170 residences)of Mediterra are on the east side of Livingston Boulevard. With this number of homes,vehicles and people I am sure you can appreciate the absolute desire and need for a second entrance/exit. The needs are primarily centered around safety and security. With the development in the area and population growth, it is an increasingly common event for there to be traffic delays and congestion along Livingston. While inconvenient,it is also a safety and security issue for those of us on the east side with only one way in and out of this area. The delays in response times for emergency services including those for injury, sickness, fire and security could and have and are materially affected. In addition,in the event of a natural disaster such as tornado or hurricane the potential blocking of a single entrance could prevent transit of any kind by these same services and residents for extended periods of time. A second entrance entirely eliminates all of those concerns and issues. When speaking with the fire department,emergency responders and law enforcement, they universally agree that current and future best practices provide for multiple points of entrance and exit for a community of our size. It is also important to recognize that with this second entrance and exit,traffic could avail itself of protected crossings when transiting Livingston. Currently as you know when entering or exiting the east side of Mediterra there are no protected crossings or traffic impairments. The second entrance/exit enhances safety by providing these protections. As the President of the Lucarno Home Owners Association and the neighborhood representative to the Mediterra Community Association I receive a tremendous amount of feedback regarding our community as a whole. Specifically as the largest community on the East side a disproportional amount of this feedback is focused on the East side of Mediterra. The overwhelming majority of those residents I have spoken with are adamant about the desire and need for this second Entrance/Exit. The sentiment is that you and your team and the Board of the MCA has done a tremendous job of bringing this issue of safety and security to the forefront. The belief is that you have listened to comments and concerns and you have devised a plan that addresses in a more than reasonable manner those concerns brought forward by opponents of this initiative. In the collective,the belief is that the safety and security of the 170+homes should prevail over the concerns of a vocal few. Thank you for your work and leadership on this issue. Jeff Roberts hur 2 / am TO TIE BOARD RECORDED in� JS of AtO 8C OR: 2�400 COLLIE* 00 0 REC ill 64.50 A8 COUNTY, Pb COPIES 14.00 1NlIR0PPICI 4TH FLOOR 03119/98 at 10:06A1 DWIGHT R. BROCI, CLUE IIT 1240 DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT is made and entered into the P?t.L day of , 1998, by and between Long Bay Partners, LLC, a Florida limited liability company, whose ddress is3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134 ("LBP"), and Collier County, Florida, a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, FL 34112 ("County"). WHEREAS, the Livingston Road extension from Immokalee Road (C.R. 846) to the Lee County line and connecting to a Lee County segment that continues to Bonita Beach Road (hereinafter "Livingston Road") has been an integral pan of Collier County's transportation plans for many years; and WHEREAS, the County has acquired substantial portions of road right-of-way along the Livingston Road corridor and is in the process of obtaining the remaining road right-of-way; and WHEREAS, Livingston Road is the only north-south arterial between U.S. 41 and 1-75 that the County plans to extend north to the Lee County line, with no plans currently in existence to extend either Goodlette-Frank Road or Airport-Pulling R -north to Bonita Beach Road; and II,__ C'Q WHEREAS, traffic projectit ' ' ate that Lnvoi}� ad north of Immokalee will provide relief to traffic congestion on U.S"4.L d on 1-75 and will benefj,,a11' roperty owners within Road Impact Fee District 1; and SE:::-J,-;,_ ___4„ WHEREAS, Livingston R 1.11 iliN for Collier County residents to the Southwest Florida Intetnatio ' A(rpo attd li to i ai u •versity; and WHEREAS, LBP i r t t� con1t a t p c ser 9r th t described in Exhibit "A" (the Property), attached hereto and in opporated herein; and ` i \ WHEREAS, LBP's Pro s located north of I l l' Road west of and adjoining the Livingston Road corridor; and �j L�1 /1 C1 ( ./ WHEREAS, the County and LBP havedetennurethat the preferable access to LBP's Property is from the north/south Livingston Road corridor; and WHEREAS, LBP is willing to jointly participate with the County to accomplish the timely construction of Livingston Road in accordance with the terms and conditions of this Developer Contribution Agreement; and WHEREAS, such Developer Contribution Agreement to construct Livingston goad is in the best interests of, and is a substantial benefit to, the general public; and WHEREAS, such a Developer Contribution Agreement provides a benefit to the County and LBP by allowing the construction of the preferable access to LBP's Property in a timely manner; and WHEREAS, the Collier County Road Impact Fee Ordinance currently in effect, Ordinance 92-22, as amended, provides a mechanism for impact fee credits to he granted to a LBP in exchange for construction of portions of the County's road network; and WHEREAS, both parties to this Agreement acknowledge Road Impact fee Credits shall be a credit only against Road Impact fees, and that such credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which LBP is responsible in connection with the development of the Property; and WHEREAS, such proposed plan is in conformity with contemplated improvements and additions to the transportation network; and WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the transportation network, and WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the arterial and collector roadways; and WHEREAS, the proposed plan is consistent with the public interest; and WHEREAS, both parties to this Developer Contribution Agreement acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions; and WHEREAS, both parties to this Developer. Contribution Agreement acknowledge that this Agreement is not to be construed as..4":,icITIMarricii.Ottreiment under the Florida Local Government Developer Agreement Act; and / �. -Board County, ssioners has approved a Resolution to WHEREAS, the Lee County. � ry, PP amend its Capital Improvement Program(CIF) to a) provide for the acqOsition of approximately one mile of right-of-way between Bonita :- cb,Road; the- /C,ul ' ine; ' ) provide for the design of the road; and c) time the acquistio dc 'g su hn ei o the roadway will commence by January 1, 2001. M o �� WITNES - TIE Ma - - ,„4...) v." NOW, THEREFORE, ideration of Ten D si .00) and other good and valuable o consideration exchanged betwee hies, the r `sir sufficiency of which is mutually ►b acknowledged, and in consideration o*elicit. -trte., herein, the parties agree as follows: CI G? 0 1. The above recitals are true and correct, and are herewith incorporated as a part of this 0 N Agreement. County Commitments: Phase I Phase I of the project is defined to be the length of Livingston Road from the existing road terminus approximately 700 feet north of Immokalee Road to the proposed access point at LBP's Property, said road corridor more specifically shown in Exhibit "B", attached hereto and incorporated herein. 2. The County shall continue with its acquisition by gift, purchase or eminent domain, at the earliest possible date, of all necessary right-of-way for road purposes within the Livingston Road corridor north of Immokalee Road to the Collier County/Lee County boundary. The County shall be solely responsible for the payment of all costs and expenses associated with such property acquisition. 2 XS/ 3. The County shall be solely responsible for the payment of all costs and for all applications and preparation associated with construction plans and road right-of-way permitting, including completion of all environmental permits and environmental mitigation requirements (land acquisitions, dedications or monetary contributions) by any applicable jurisdictional authority. County's commitment shall include the cost of any environmental or species surveys required by any jurisdictional authority. 4. The County acknowledges that the timely completion of the road right-of-way acquisition, together with the necessary construction plans and permitting, is a critical and fundamental aspect of this Developer Contribution Agreement . Therefore, the County shall acquire the road right-of-way (including completing eminent domain "quick-take" procedures) and finalize the construction plans and permitting, including completion of all mitigation requirements, on or before December 31, 1999. 5. Upon completion of the Phase I road construction by LBP and acceptance by the County in accordance with the requirements of the Collier County Land Development Code, the County shall be responsible for maintenance of the Phase I road construction. • 6. The County shall engage the services of a qualified Construction Engineering and Inspection (CEI) consultant to oversee all phases of the construction to be undertaken by LBP as set forth below. _ LBP's Commitments: Phase I �v-cV,�R C�U�� 7. Within twelve . 2) , nths after the County's 1cqui`sjtiort of all necessary right-of-way property rights plus completi of all ecessaIy--plans_.and permits, LBP shall be responsible for the commencement of constructi n of a two-lam ' ,ide.d r ` d betty en the southern terminus connecting with existing roadway constructit n appr'" h'miely 'ir e o h \Imrnokalee Road and the proposed entrance to LBP's Property ("Ph .e I roar cons€ru t o reels to Indemnify and hold the County harmless from all acts, error and omission a, ,ti�a , con ac ors sutl-contractors and personnel with respect to any requirement of 0 permit that has been'issue th 'e of Collier County. A general description of the Phase I roa�'`d truction is set forth ,)Exhi itl"�C, ttached hereto and incorporated •- herein. The construction of Lii�, n Road by LBP sharbriiin c`c+a ance with the construction plans, r...a specifications and permits proviaiy e County. The cos road construction, including fill, is a estimated to be $3,195,700 pursuati44,/the • itied e ' ( e cost of construction as described in e Exhibit "D" attached herein and incorpo lit ikC CI 8. Upon commencement of the Phase I road construction, LBP shall convey to Collier CO County road right-of-way for the north/south Livingston Road corridor via easement or warranty deed in N accordance with existing commitments in Planned Unit Development documents applicable to LBP's Iry Property. The estimated cost of such north/south right-of-way dedication to LBP's project entrance is $205,000, subject to a County-approved real estate Appraisal. The credit shall be based on the appraiser's determination of fair market value. 9. The value of LBP's contributions for Phase 1 of the project are an estimated total of $3,400,700. In addition, LBP shall reimburse the County for all costs for the CEI consultant previously mentioned. The expenses incurred by LBP pertaining to the CEI consultant shall be considered a project cost and LBP shall receive road impact fee credits as set forth in this Agreement for such expenses. In addition, LBP shall receive road impact fee credits for surveying and engineering costs incurred by LBP to construct the Phase 1 road construction upon submission of the actual construction costs certified by an engineer or architect. 3 County Commitments: Phase II Phase II of the Livingston Road project is defined to be the length of Livingston Road from the proposed access point at LBP's Property to the Lee County line, said road corridor more particularly shown on Exhibit "B", attached hereto and incorporated herein. 10. The County's commitments for Phase 1I of the Livingston Road construction shall be identical to the County Phase I commitments including the cost of right-of-way acquisition, costs and applications for construction plans and permitting, including the costs of mitigation and shall be completed by December 31, 2000. Upon completion of the Phase 11 road construction and acceptance by the County, the County shall be responsible for maintenance of the Phase II road construction. LBP Commitments: Phase II 11. a, Commitments for improvements: Not later than December 31, 2001, and after the County obtains all County commitments for Phase II, LBP shall commence construction of Livingston Road as a two-lane, undivided road from LBP's Property entrance to the Lee County line—('Phase II road construction"). LBP's total estimated cost of the Phase II cam" tin ' • tely $1,377,600, including roadway till, roadway constru *, ial o ribed in paragraph 11.b. A general description of/ hy*-.Pliase 11 road cons cttton. is set forth in Exhibit "C" and incorporatedffiereuf. The certified estimate of the'Phase [I road construction costs is attached hereto I` hibit "D" and ineotrporatediherein. LBP shall also reimburse the County foe' all/co •f th -£1 nsult4nt mentt ne above. LBP shall receive road impact fed cre• is o ••s • • e e, • s for he CEI consultant, engineering and surveyin y re A tin._ t• I) d At ru ion 1 upon submission of the actual consttucti 6-1 s, 4' • t 4er h' `C`l'. b. Commitm •�'' or right-of-way: L ` o ement of the Phase II road construction t'. BP.\shall convey to 1' t� ' unty road right-of-way for then Via north/south Lkttg)tpn�oad corridor � afj'e ent or warranty deed in accordance with existing cOhirdia a -i_n--P'1 Development documents applicable to _ uch northisouth right-of-way dedication to •� LBP's Property. The ate�_. f g y o LBP's project entrance is ,000, subject to a County-approved real estate o Appraisal. The credit shall be based on the appraiser's determination of fair market 6-1 value. • c . Impact Fee Credits: Phase I w 12. In exchange for LBP's road construction and land dedication costs in the amount of approximately $3,400,700 related to Phase I of Livingston Road, a regional transportation facility, LBP shall be entitled to the following: a. Upon completion of the Phase I road construction and submission of actual certified costs of construction, LBP shall receive a road impact fee credit with a value of$1,500,114 ("Phase I Road Impact Fee Credit"). The Phase 1 Road Impact Fee Credit shall be treated as a prepayment of road impact fees for 646 single-family units (current road impact fee of S1379 per unit) and 640 multi-family units (1-2 stories) (current road impact fee of$952 per unit) for 4 the limited purpose of vesting these units for transportation concurrency. Such vesting shall be evidenced by the issuance of a Certificate of Public Facilities Adequacy (for Transportation Facilities) at the time such Phase I Road Impact Fee Credits are granted. LBP shall pay any increase in the Collier County road impact fee which may occur subsequent to the date of this Agreement at the time it obtains a building permit. By way of example, in the event the road impact fee for a single-family unit is S1,500.00 at the time a building permit is obtained, LBP shall either pay the County $121 ($1,500 -$1,379 = S 121) or shall apply additional road impact fee credits as payment for such amount. The total units to be constructed on the Property shall be determined in accordance with current and/or future zoning approvals by Collier County provided, however, that LBP shall be entitled to the total Phase I Road Impact Fee Credit ($1,500,114) set forth above. b. Future road impact fee credits in the estimated amount of$1,900,586 ("Phase I Future Road Impact Fee Credits") which can be utilized by LBP and/or its assigns only upon the completion of Livingston Road to Bonita Beach Road in Lee County provided the total actual credit is consistent with paragraph 22 of this Agreement and further provided that the deed or easement described in paragraph 8 has been recorded in the public records. The Phase I Future Impact Fee Credits shall be an actual cash value credit and shall not be a dwelling unit credit. -__ RCOj`�, Impact Fee Credits: Phase II �\ 13. In exchange fq LBP's—road-epnstructio and l d edication costs in the amount of approximately $1,377,600 as describeit1i Parag aph 1 of thin Agreement for the Phase II road construction, LBP shall be entitled o , a . 'n the amount of $1,250,000 upon lk completion of the Phase 11 troa coiut ti n by : s u sionl of the actual certification of construction costs ("Phase 111 a F e red tsl . In dditio • re road impact credits in the estimated amount of$127, e II uture Road tit act r ) shall be granted to LBP. The O Phase II Future Road Impac • Credits can be utili byi LB'P ,dior its assigns only upon the completion of Livingston Road to Beach Road in t C p upty d after submission of actual costs iv of construction by an engineer o}� rc itect. The credit for th *matron of land shall be effective upon a recording of the warranty deed r' The Phase. t ,.1inpact Fee Credits and the Phase II o Future Road Impact Fee Credits shall be t fril alt c xs 4re and shall not be dwelling unit credits. 14. The Phase 1 Road Impact Fee Credit, Phase I Future Road Impact Fee Credits, Phase II o cal Road Impact Fee Credits and Phase II Future Road Impact Fee Credits shall be collectively referred to as c "Road Impact Fee Credits." The Road Impact Fee Credits may be assigned by LBP to other properties `A within the area described in Exhibit "E" until completion of Livingston Road to Bonita Beach Road in Lee County and, thereafter, to other properties within Road Impact Fee District No. 1, whether the property is owned by LBP or by another property owner. 15. LBP reserves for itself and its assigns the right to change the types of uses to which the Phase I Road Impact Fee Credits may be applied. The road impact fee ordinance in effect at the tune of application for a building permit shall be used to value any credits which may be converted from one type of land use to another, whether by LBP or any of its assigns. 5 .',4/ Accounting/Use of Road Impact Fee Credits 16. Consistent with the timing schedule set forth in paragraphs 12 and 13 of this Agreement, the County shall apply portions of the Road Impact Fee Credits toward (i) the road impact tees which LBP is required to pay for each building permit which is applied for on the Property or (ii) any assignment of Road Impact Fee Credits to other property owners , thereby reducing the balance of the Road Impact Fee Credit by the same amount. 17. The County shall provide LBP with a certified copy of this Agreement, including all exhibits attached hereto, such that LBP's certified copy of Exhibit "F" (Road Impact Fee Credits Ledger) shall serve as the ledger sheet to document LBP's balance of Road Impact Fee Credit. 18. With each building permit issued on the Property, the County shall subtract from the Road Impact Fee Credit balance the amount of(i) Road Impact Fees appropriate to that particular permit, or (ii) Road Impact Fee Credits attendant to the particular assignment, and shall enter the new balance in the ledger column labeled "Impact Fee Credit Balance." 19. County shall monitor impact fee collection within the Property to assure that only impact fee credits granted to LBP pursuant to this Agres nt d as impact fee payments for all impact fee construction within the Property, until all un ''er It ted to LBP pursuant to this Agreement are utilized by LBP or assigned in accp dgttce with the terms of Agreement. y \.20. The County shall a tJimpact fees collected by the County from properties located within that area described in to-the Future Phase I Road Impact Fee Credits, Phase II Impact Fee Credits and Future ' :-F ' -ed • issued to LBP pursuant to this Agreement. Upon application"by I Pi thg C w ylo d P,\on a semi-annual basis, said road impact fee payments recetvd e u E..,, ` v 21. No sooner than.FtQe (5) years from the da .of t is gti&r ment, upon written application c> made to the County by LBP, the '`` y may, within sixty ilk a .,V`�C, fund to LBP moneys equal to the Vizs current Road Impact Fee Credit ba ce':,.In the alternative, th shall continue to permit LBP to utilize or assign any remaining Road ptit'Fee Credits. �� (ry( �L _o any I p 7 cc granted .v 22. In no event shall roa 'tm:' c ee"credit be for the cost of network improvements in excess of twenty percent of the initial certified estimate of costs attached to this CI Agreement as Exhibit "D". 4 0 23. Upon conveyance of land interests to Collier County, the developer shall provide an c`".r e attorney's opinion as to the record title holder of said land interest, which opinion shall identify all lienholders having any lien or encumbrance affecting said land interest. General Provisions 24. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to all successors in interest to LBP. 25. Except as provided herein, this Agreement shall only be modified or amended by a mutual written consent of the parties hereto or by their successors in interest. 6 YeR/ 26. LBP shall keep or provide for the retention of adequate records and supporting documentation which concern or reflect the total value of construction or installation of the Road and Utility Project. This information shall be available to County, or its duly authorized agents or representatives for audit, inspection, or copying, for a minimum of five (5) years from the completion and acceptance of the roadway improvements by the County . 27. LBP acknowledges that the donations or contributions contemplated under the Agreement shall be construed and characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a right-of-way. 28. The County shall record this Agreement, in the Public Records of Collier County, Florida, within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners. 29. This written Agreement, including all exhibits and permits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior or contemporaneous written or oral agreements, understandings, promises, warranties or covenants not contained herein. 30. Either party to this Agre- • - tA;tty6i : ion for injunctive relief in the Circuit Court of Collier County, Florida, to enfo:c-e ltlt.x hi-Is-and 4ns:tiof this Agreement, said remedy being cumulative with any and all other e .•. : available to the p sgf r. enforcement of the Agreement. 31. County acknosfled• s t t ,BP"is the contract pun et of the Property. Therefore, this Agreement is expressly condition-d u••n L P.c • ing on\the Property'; by March 26, 1998 ("Closing Date"). In the event LBP does • ovst re• e osing Date, this Agreement shall be o null and void. However, in the a en the losing . elTirr t (" xteitded Closing Date"), LBP shall mi notify County of the Extendec4;CI• : D;'t .,end J. t gen i h forth in this paragraph shall be automatically extended to the 5tt ded Closing Date. 32. This Agreement . construed in acco •L"1iie ' - e laws of the State of Florida. .0 CI 33. In the fulfillment o _ ..s -et f ' �`_ cement, time shall be of the essence. e ( ti.E C1 CV Q1 7 Ste/ IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly Attest as to Chairman's authorized representatives. $tAMCr. only. BOARD OF COUNTY COMMISSIONERS FOR Dated: /7 i p Of' COLLIER COUNTY, FLORIDA, A POLITICAL DWIGHT E. BROCK, Clerk SUBDIVISION OF THE STATE OF FLORIDA By: ,g-s.<,.cn g. By: B ARA B. B RRY, hai Approved as to form and legal suf 1ci y: ; / , Heidi F. Ashton • Assistant County Attorney WITNESSES: LONG BAY PARTNERS, LLC, ti0. R C ....I tida limited liability company S 4. By. 30NITA BAY PROPERTIES, INC., c. a Florida corporation, Print N e: Shirley M. Thom sorl1 its anaging Member %//,. .__4_ _i;...(. . . L. e ..- . Print Nadi: ' r 1.34 . ame: I.ci:c.c. ., xit ' STATE OF FLORIDA O ev COUNTY OF I.�(�. � 1jr-----; � o The foregoing instrument.was a fig 'b Me e this-day of i" Mir t`. i. , 1998, «b by .b It b`a [ J Kt' ( " Fy of Bonita Bay Properties, Inc., a Florida .a corporation, Managing M mber of Long Bay Partners, LLC, a Florida limited liability company, on e behalf of the corporation and limited liability company. He — is personally known to me or--- hss-- 'a N produc.d dnver44teen e-no. -33 idcntifitation. Vi,1,(:(1 t dk (:ij. i‘---' 4.4%.1_ MICHAELE At-ONES NOTARY PU13LIC W � e n►r+lo-llr al Rollie,oa Name:f):(. I0 t I r 14.j I li +�+� (Type or Print) My Commission Expires: 8 '-'""-- ..1 VULN;r. F:CRICA, EE.NG mom:: PAa .C .,LAAL r ,.,.e.,�.....,:..,, : .•�,..,.: 0•S. / I3::.GiNNING AT THE SOUTHEAST CCRNE.OF THE SOUTHWEST 1/4 OF 5.:..�i iC 12, TOWNS-;P 4a SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. CC•520I' W. ALONC THE EAST LINE OF SAID SOUTHWE.5 T 1/4 OF SECTION l" FOR A DISTANCE CI: 2631.75 FEET TO THE CENTER OF SAID SECTION 12; THENCE CONTINUE N. 00.52'07" W.ALONG ;riE GIST LINE OF THE SOUTHEAST 1/4 OF THE NORT::NEST I/4 OF SAID SECTION 12, FOR A DISTANCE OF 1316.77 F7.ET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST l/4 OF SAID SECTION 12; THENCE RUN S. 33'54'06" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 Cr THE NORTHEAST 1/4 OF THE NORTHWEST I/4 OF SAID SECTION 12, FOR A DISTANCE OF 662.23 FCZF TO THE SOUTHWEST CORNER Or TILE sou-n tr:Asr I/•l O1.11 tt: No101 tILAF r I/4 Ot• 11 t1; NOR'I'11WE 1/4 0r SAID SECTION 12;THENCE RUN N.00'50126 W.ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST lid CF SAID SECTION 12, FOR A DISTANCE OF 653.71 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAS► I/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12;THENCE RUN N. $3.53'45'E. ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF T14E NORTHEAST 1/4 OF TIIE NORTI IWrtiT 1/4 OF SAID S1:CT1C)N 12, FOR A DISTANCE OF 661.95 TELL•'TO ilia NORTHEAST CORNER OF'1'1 IL SOU'll IEASr I/4 OF TI IL NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12;THENCE RUN N.00652'076 W.ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 12, FOR A DISTANCE OF 653.39 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 12;THENCE RUN S. S3.5720' W.ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 12,FOR A DISTANCE OF . 2646.45 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 12;THENCE RUN S. 00'45'07" E.,ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 12, FOR A DISTANCE OF 1319.36 FEET TO THE NORTIEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION I I,TOWNSHII'AS-SO T}irRANGE 25 EAST;THENCE RUN S. 33'54'42- W. ALONG THE NORTH LINE OF THE Se ' $f `tfl Ott _ RTHEAST 1/4 OF SAID SECTION 11,FOR A DISTANCE OF 1325.63 FEET TO THT CO ' F,THE SOU►HEAST 1/4 OF THE NORTHEAST I/4 OF SAID SECI010I,, CE RUN S.00.45'Z ' LONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAS71/4 OF SAID SECTION 1 I,`FOR�A DISTANCE OF 132039 FEET TO THE SOUTHWEST CORNER OF THE/SO • STT7a-Or ME NORTHEAST I/4 OF SAID SECTION 1 1; THENCE RUN S.00'45'04" E ALONG 1 • OF TI-E NORT14E4ST 1/4 OF THE SOUTHEAST I/4 OF SAID SECTION 1 1, FOR A 01ST I . sL it TfipoUT WEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTH 1/4 OF S p10 SG, lON, I� ENCC RUN S. 33.46'37" W.ALONG THE NORTH LINE OF THE SOUTH `Q_L. I S I/ 6F SA;D SECTION 1 I,FOR A O DISTANCE OF 1325.33 FEET TO, NORTHWEST COR ER $L�rrhWEST 1/4 OF THE 7v SOUTHEAST 1/4 OF SAID SEC1`( Y I;THENCE RUN S.04 519" 4 ONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTI414 1/4 OF SAID SECTI�N.41, 1 DISTANCE OF 1327.30 FEET TO N THE SOUTHWEST CORNER OF �\ T1•IEAST 1/4 OF SAID` .•SON I I;THCNCL RUN N.i3'41'15' = E ALONG THE SOUTH LINE OF THS.SA BAST c/4 OF 'sC,s;.'T10N I I,FOR A DISTANCE OF o 265015 FEET TO THE NORTHWEST CbR, E . 141, WNSHIP 43 SOUTH, RANGE 25 EAST; ''b THENCE RUN S.00.4313• E.ALONG THE Wts11.114E - NORTHWEST I/4 OF SAID SECTION 13. .. FOR A DISTANCE OF 675.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF•THE o NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13;THENCE RUN N. 311•38'13' E ALONG N THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST Ito OF m SAID SECTION 13, FOR A DISTANCE OF 664.12 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13;THENCE RUN N.00'41'49- W. ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13,FORA DISTANCE OF 675.07 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13;THENCE RUN N.33'41'00•E.ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 12,TOWNSHIP 43 SOUTH, RANGE 25 EAST, FOR A DISTANCE OF 1993.31 FEET TO THE POINT OF BEGINNING. I -'— The southeast 1/4 of he southwest 1/4, less south 30 fc1 and southeast 1/4 of the northwest 1/4 and southwest 1/4 of the northeast 1/4 and northwest 1/4 of the southeast 1/4 and northeast 1/4 of the southwest 1/4, less north 1R of southwest I/4 of northeast 1/4 of southwest 1/4 of Section 11, Township 43 South, Range ZS East, Collier County, Florida. 140. Ay( gl EXHIBIT "A" 1 F E B 1 7 1998 PG. 11 - 03-48-25 of-•a-is (I 01-60-25 \��06-46-26 LEE COUNTY COLLIER COUNTY 1 Zo 11-•e-25 �o 10-46-25 ►-$ 0: PROJECT s 12-48-25 07-42-2e J c. LOCATION LIVINGSTON ROAD PHASE 2 LNNGSTON ROAD PHASE t LIVINGSTON RD.-E/W (FUTURE) \ I 1 14-415-25 13-413-2S ,a-aa-;S IS-•a-25 • \ - G� T� 22-48-25 C). -- 19-48- • o \lit 113.• I V -48-25 3 11 J 0 SaGo ab r IMM AtE� E� r ! �-�� d ,, ii O O N to -+ C> >_ 25-48-25 27-48-25 26-•a-25 il t 2 i1 >D v 1 z N ill oI it EXHIBIT 'B' �p_ ` I LONG BAY PARTNERS (LIP) WILSON • MILLER FEB 1 7 19981 K. l�- rfS 05 1991 - 14 25 7' - `O686a'ro\02934 N\07\-'9340701 C.q rill1111111.11111111111.1111111111111.1111111.1111111.11111.11117111 EXHIBIT C pescrjption_of Work Livingston goad(North-South Sc ryen_tl Phi 1 will consist of approximately 12,500 lineal feet of two-lane arterial rural roadway from the Carlton Lakes entrance to the proposed LBP project entrance. The construction will include mobilization; clearing and grubbing; filling and grading; roadway subgrade, base and asphaltic concrete paving; installation of storm drainage facilities; sodding and seeding; signage and pavement markings; lighting; signaliration; traffic control; construction engineering and inspection and materials testing; construction surveying and layout; and all incidental work necessary to complete the roadway in accordance with the construction plans and specifications prepared by Hole, Moines and Associates, Inc._and approved by Collier County. The work will also conform to the requirements set-f *71141h( - orida Water Management District Permit No. 11-01359-s and U.S. . s'of1Engine* P anit No. 199001402(IP-CC) as it applies to construction of this faciliti Mitigation Included). pp y 3 A V ea!4feel off'two-lane arterial rural roadwayfrom Phase u will consist of a roe '�� tel ;?8Q liu the proposed LBP project ent�rart t: t5 tnr Tb� construction will include base and as haltic o mobilization; clearing and g#ub. gg.and g, r ay subde, p 7d o d'� d seeding; signage and ' concrete paving; installativ oratnagr'�c 'tics; > 8� pavement markings; lightinv c control; cons action en - '•g and inspection and .r materials testing; constructioeying and layout; nd all t' c dental work necessary to 0 complete the roadway in acto ith the construction : specifications prepared by Hole, Montes and Associates, Inc. oved by Collie 'an . The work will also conform CI - - to the requirements set forth in the S utl;� • r'r M;" agement District Permit No. 11- 01359-S and U.S. Army Corps of EnaMee - l: 199001402(IP-CC) as it applies to 0 w construction of this facility (mitigation requirements are not included). 0 w:u9o7\97oirobleshcaot22.doe I No. r-Q ? 1 FEB 1 71998 N. 1 EXHIBIT D OPINION OF PROBABLE CONSTRUCTION COST LIVINGSTON ROAD Livingston Road Phase 1 (12,500+ LF) PHASE I & II item No. Description Quantity Unit Unit Price Amount _ 1 LS $ 28.800.00 'S 269.600 1 Mobi6satmflrm 2 Maintenance of Traffic 1 LS $ 17,500.00_S 17,500 3 Ckrat+ns 4 Grubbalg 81� AC S 2,100.00 S 170,100-, 4 SidewwaJk 7,000 SY S 12.50 3 87,500 5 Shoulder Bees s 11,800 SY $ 5.00 3 59,000 6 Type S Aephatic Cane(2') 44,500 SY S 4.00 S 178.000 7 Fttclion Course , 44,500 SY i 2.00 $ 69,000_ 8 Roadway Bees 33,400 SY S 8.00_3 200,400 9 Prime 6 Tack Coat - 8,300 GA f 1.60 S 10,090 10 lye,A moue:a On(17) 47,200 SY f 1.40 i 60,080, 11 inlets/MNWt.IES/EW 64 EA S 750.00 $ 46,000 12 $town Pipe 5.000 LF 3 30,00 f 150.000 13 Sodding/Fen/Water 162,500 SY 3 1.20, 3 195,000 14 Sss&Muich 170,900 SY 3 0.20 f 34,100 15 Sorting i Marking 3_50$ 43,750 16 s 'tion . � K. (;(1)t:;NS s 5a,o0o.00 $ 56,000 17 `••Ai;�• to 4,.. ., f 26,510.00 $ 26,510 S 1,699,700 Subtotal*About Fil 1,2A8,000 18 Earthwork(Er bankrnen roll 168,800 C 7.50 $ 19 Construction Engineering and IneoactionlaYri Maerials Totting $ 230,000.00 3 230,000 Livinjston Road Phase I Total J - �,�\ 1 $ 3.133,700 Livingston Road Phase II (3,71 ' 4 t ) ; ,t item No. Description dui j ,,knit Price Amount 1 Mobiitsoon :1i ^ 4S ! 76,400.003 78.400 2 Mai tpnancs d Traffic ,¢ 4; S " 3 Cheering a Gin+bbulg j- _ 23 �,- 2.100.00 S 4a,300 4 Sideweik ,,�,, 2,1•• .1I� ' $ 12.50 S 26,250 bits N 3 `Shoulder Be.. ".//. -, 'y •• L�,si, S 5.00 $ 17,500 0czo 6 Type S Aspheroc Concrete(7' i• ' SY S 4.00 f 52.800 7 Fricbon Course 13.200 SY $ 2.00 3 26,400 G�'3 I Roaewayr Baas 9,900 SY S too f 59,400 GA S 1.60 S 3.040 1,9000 9 Pntrte A Tack Coat19,800 w 10 Type a Stabiisstion(1r 14,000 SY S 1.40 1 11 brits/Wis/MES/EW 20 EA f 750.00 S 15,000 12 Storm Pipe 1,500 LF $ 30.00 f 45.000 48,100 SY 3 1.20 $ 57,720 13 Soddhp/Fsrt/Water 9 14 6ee 1Mukh 48,700 SY $ 0.20 $ .340 15 Signing&Marking 3,700 LF S 3.5013 12,950 16 Slpnai:ston 0 LS S 55.000.00 $ - 17 Lgllenp 1 LS S 15,900.00 i 15,900 S 487,600 Subtotal wA ciJt FIN 18 EarlbworklErnbanranent/F91 50,000 CY $ 7.50 S 375,000_ 00000 s � ••• 19 Construction Engineerng are inspactl°^(CEO?and Materials Tesbn� S 115, e04 tt Uvingston Road Phase II Total f ( 1 Total Phase I + Phase ii _ $ 4,173, FEB 1 7 lass NOTE: Figures Include construction surveying and layout. 219.994.o4 PM ,�. j HMAF i WIL.SCON NIII_ I_ l: R OR: 2400 PG: 0032 Eaiw17 '•ser lt[COU rr OAKS MAIM �� tU t� .d.M A� _ 'trine. tt.•[a 'y o ,1 sic \ 1 r ell No. V r. w elr ` - \(f t rHCT _ WOWS! �.•� • •a..r•+rAt 0•.0 ti rams OW Sic / "'tR17.�' �- f r -1 . tr-,. * 11 12 1 7 • ,� ,- IMPACT FEE ASSIGNMENT AREA rrr.•s)I i� L -i at.a 'flnilllliVit `dike 11 _ Ai r ,,,,... 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'� q sow 44-4q 1 .4; .i `=i •� �== e 4L Y r 1r EXHIBIT E LONG BAY PARTNERS DEVELOPER CONTRIBUTION AGREEMENT IMPACT FEE ASSIGNMENT AREA *Pelican Strand PUD is not included until connected to Livingston Road r 5s " �yF1�prq S qaA ►MP�cT FEs cpr:rT LL76i3 �pl aRTMr: This Road Impact Fee Credit ledger is Intended to docAlent the balance of Road Impact Fee Credits applying ONLY to the following property: BEGINNING BALANCE S ROAD IMPACT IMPACT FEE COUNTY OFFICIAL II=_+ELOPER REP DATE PERMIT NO. FEES DUE CREDIT BALANCE (SIGNATURE) (SIGNATURE) S S S S +f S 1 S S i S s I I S 47-- i -, I _do " 1 A \ I �/ / e . '\-----z ; \ • 1 lin /___ i I s 3e. S: s I o t\-.0 S C IPCS $ $ I I N $ Zt .% , o S 11 I "+ci S CI S I . • 1 o S S o w S S 1 - I .. s Is 1 � I s s I s s I • s s I► I S Fs I } s F. 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'4.0. i i.:$-!'''. , ,,,i,„• 1- , ,„,.. c,, it, T,,,,,,w,- C:,•-; ;,...'„, 't''. .. .;e12,-,,, t, ...Ix.* .iii)i,,,. . , . . .. ..,. . ... .. . ..„ .. .. lie, dors:, e, ...:......-,•..„1 . a .•-.7-,.. 4 : :.,,, , . •fq• iffr,104.-',"' el•••••••••••.- --,Ili' .;,—•-••-..-''' i I • ••• .f-. , - `,..“-"I'''., .. ''' 1 :'''....,," .1r".1"' ....... ....11".44."*"sf-I •,$::, '''', ..1,. --,----_-____ - - ‘,,•t-.- ...finak, -, -,--t... ... /INK .r,,,t0- --- -1-,i --0):•: _,__,,.,.. ---.--- ••,--!1 '.-- i'f,., 7,..„ .„-, .0.- -,A-fJ„..•.,-w--‘ i ;, :4• :',. $0r._ .9 t. ,.._ -, '•,-• :....--,-•-- _...........,.--uszt Cott-ie-r County Motion for Reconsideration TO: HEARING EXAMINER—ANDREW DICKMAN, ESQ. FROM: MIKE BOSI,AICP, DIRECTOR- ZONING DIVISION- GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: DECEMBER 22,2022 SUBJECT: HEARING EXAMINER (HEX) DECISION 2022-55, PETITION NO. ADA- PL20220004625 REQUESTED ACTION: The Hearing Examiner issued HEX Decision 2022-55 on December 9,2022. The Collier County Administrative Code, Chapter 9. Officer of the Hearing Examiner—Procedures within Public Hearing—Reconsideration of matter by the Hearing Examiner provides the following: 1. On motion by a party, the Hearing Examiner may grant a rehearing on an application for the following reasons: •Mistake, inadvertence, or excusable neglect; •Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing;or •Fraud, misrepresentation, or other misconduct of an adverse party. 2. The motion for reconsideration by a party shall be made prior to the deadline for filing an appeal. The filing of such a motion tolls the time for filing an appeal. The time for filing an appeal shall begin anew in full upon the Hearing Examiner's denial of such a motion. Staff makes its motion for reconsideration based on the following: 1. The Hearing Examiner was not apprised of Attorney General Opinion 2012-32(Attachment A)regarding property owner consent to a rezone. 2. HEX Decision 2022-55 would require the County to change its business practices by requiring consent of any and all Homeowners Associations where an owner of property within a Planned Unit Development (PUD) requests an amendment to a development order such as a PUD Ordinance or subdivision plats/plans,when the HOA has no ownership or easement interest in the subject property. Mike Bosi,AICP,Zoning Director 1. Attachment A—Attorney Opinion inion 2012-32 p Page 1 of 1 Request for Reconsideration HEX Decision 2022-55 December 20, 2022 121 S21 2.z 14E-- Tim y Ne-k) t bl g- ATTACHMENT "A" Florida Attorney General Advisory Legal Opinion Number: AGO 2012-32 Date: September 19, 2012 Subject: Counties--landowner consent for zoning changes Mr. Mark H. Scruby Clay County Attorney Post Office Box 1366 Green Cove Springs, Florida 32043-1366 RE: COUNTIES--ZONING--PLANNED DEVELOPMENTS--COMMUNITY PLANNING ACT--CONSENT REQUIREMENTS--authority of county to adopt ordinance containing other landowner consent requirement for applications for zoning changes. Part II, Ch. 163 , Fla. Stat. ; Art. VIII, s. 1 (f) , Fla. Const. ; Part II, Ch. 125 , Fla. Stat. ; s. 125. 66 (4) , Fla. Stat. Dear Mr. Scruby: On behalf of the Board of County Commissioners of Clay County, you have requested my opinion on substantially the following questions: 1. In the case of an application to revise the zoning for a portion of a planned development by the owner of said portion, do the provisions of the Community Planning Act, as codified in Part II of Chapter 163, Florida Statutes, authorize a local government to require in its zoning code the consent to the application by some or all of the other individual property owners within the planned development, or by an association of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development, before the application can be considered for approval? 2 . If the answer to Question 1 is in the negative, then in the case of an application to revise the zoning for a portion of a planned development by the owner of said portion, does the common law or any other statutory law authorize a local government to require in its zoning code the consent to the application by some or all of the other individual property owners within the planned development, or by an association of property owners governed under Chapters 718 , 719, or 720, Florida Statutes, and operating within the planned development before the application can be considered for approval? 3. In the case of an application to revise the zoning for a portion of a planned development by the owner of said portion, where the planned development is also subject to recorded covenants and restrictions (i) that are private in nature, (ii) that govern use rights and limitations and development standards for all lands within the planned development, and (iii) that give the individual owners of land within the planned development the right to vote on amendments to the covenants and restrictions, does the common law or any other statutory law authorize a local government to require such application to include the favorable outcome of a vote to approve the filing of the application by all or some fixed percentage of such individual members casting ballots? In sum: 1. and 2. I am not aware of nor have you drawn my attention to any provision of the "Community Planning Act" which would authorize a local governmental agency to delegate its legislative zoning authority to other land owners by requiring their consent prior to the acceptance of a request for rezoning. In the absence of concern for a particular statutory provision, however, this office will not undertake a broad review of multiple chapters of the Florida Statutes in an attempt to justify what the courts have clearly identified as a suspect practice. Finally, there is no common law right of local governments to impose a consent requirement such as the one you propose on applications for rezoning. Rather, the extent of the zoning power is circumscribed by the grant of power from the Legislature to local governments and contained in Chapters 125 and 166, Florida Statutes. 3. This office will not comment on the terms of private contracts or their enforcement. As addressed more fully herein, consent requirements such as the one you have proposed may constitute an unconstitutional delegation of legislative authority and are not favored in the law and may implicate a number of constitutional rights. According to your letter, the zoning article of Clay County's land development code provides for planned developments in addition to conventional use categories. The code requires that an application to rezone a tract of land into a planned development must be joined by all owners of the property within the boundaries of the proposed tract. Occasionally, a party owning a portion of a planned development may wish to modify some aspect of the plan as it was previously approved. In order for such party to apply for the modification, the code requires that the application be joined by all of the other owners of property within the boundaries of the planned development, not just the owners of the parcel for which the modification is sought. Without the joinder of all these owners , an application for modification will not be accepted. The Board of County Commissioners has realized the difficulty of acquiring such third party joinder, especially as a development approaches build-out and hundreds or thousands of individual parcels have already been conveyed to third parties. In light of these concerns, the board is considering the adoption of an ordinance amending the joinder provision by reducing the percentage of joining owners from one hundred to some lesser figure or by eliminating it entirely. As the county attorney, you have advised the board that the submission of an application to amend a portion of an approved planned development cannot lawfully be conditioned on the joinder or consent of third parties who have no ownership interest in the particular parcel, even if the third parties own other property within the planned development. However, community concerns with the reduction or elimination of these restrictions has led to the Clay County Board of County Commissioners requesting that an Attorney General Opinion be sought on these issues. Initially, I must advise you that this office has no authority to comment on validly adopted provisions of the current zoning code of Clay County. This office, like the courts, must assume that a validly adopted statute or ordinance is lawful and effective until it is challenged and declared invalid in an appropriate court case. [1] Thus, my comments are provided to you for use by the commission in considering proposed legislation. Questions One and Two Zoning is generally understood to be the regulation of land according to its nature and uses. [2] The power to restrict the use of land through zoning is delegated to local governments by the Legislature and is limited by the terms of the grant. [3] The classification, regulation, prohibition, restriction, permitting, and determination of uses within districts constitutes an exercise of local governmental zoning and police power, possessed by counties and municipalities generally under zoning statutes . [4] Thus, zoning enactments cannot validly be extended beyond the accomplishment of those purposes within their scope. [5] In order to be valid, any zoning regulations that are adopted must be reasonable and nondiscriminatory and they must tend to promote the public health, safety, morals, or general welfare. [6] As the Florida Supreme Court stated in Griffin v. Sharpe, [7] an ordinance enacted under a theory of general police powers must not infringe on constitutional guarantees by invading personal or property rights unnecessarily or unreasonably, denying due process of law or equal protection of laws, or impairing obligations of contract. In addition, such an ordinance must not be inconsistent with the general laws of the state, must not discriminate unreasonably, arbitrarily or oppressively, and must not constitute a delegation of legislative or executive or administrative power. [8] You have asked whether some statutory provision may authorize a local government to require in its zoning code that consent to an application for rezoning by some or all of the other individual property owners within a planned development is required before the application can be considered for approval. As a general proposition this office has previously concluded that such a requirement might, if enacted, result in an illegal delegation or abdication of legislative power. In Attorney General Opinion 83-31, this office was asked by the Board of County Commissioners of Santa Rosa County whether an ordinance could be validly enacted which required the written consent of a majority of landowners and homeowners within a designated distance of proposed landing strips or runways of an airport facility prior to the construction of any additional airport facility in the county. A statutory provision, section 330. 36, Florida Statutes, provided that no county or municipality could license airports or control their location except by zoning requirements. The statute made no exception for any other type of county ordinance other than regulation by a zoning ordinance. Thus, the opinion concluded that such an ordinance could not be validly enacted or enforced. The opinion goes on to caution against a possible illegal delegation or abdication of legislative power by the adoption of such an ordinance: "Additionally, the proposed ordinance, if enacted, might well result in an illegal delegation or abdication of legislative power. An airport or landing field constructed and operated in a proper manner is not a nuisance per se. [9] Thus, the construction or maintenance and operation of an airport facility are not susceptible to regulation or proscription as a public nuisance by county legislative enactment. [10] The proposed ordinance does not zone any lands or prohibit the use of designated or specific lands at specific locations for airport purposes or establish any safety regulations or standards in the interest of and to protect the public health, safety or welfare. It simply requires the airport owner or developer to obtain the written consent of the majority of the specified landowners and homeowners prior to commencing construction of any additional airport facility in the county, and the only limitation upon such property owners in exercising their power to consent or withhold their consent to ' the construction of any additional airport facility' is their own free will and choice or their own whims or unbridled discretion. It permits the adjoining landowners to regulate property rights and deny a landowner his right to use his property, not otherwise restricted or regulated by law, for a lawful use or purpose. In effect, the affected landowners and homeowners are delegated the legislative power vested in the county commission to determine the public policy and regulate property rights and whether an airport facility may be located, maintained and operated at any particular location. The governmental powers of the legislative and governing body of a county cannot be delegated. " [11] While consideration generally must be given to the rights of the individual landowner of the property involved as well as the interests of adjoining landowners and others in the adoption of zoning changes, [12] I must caution that an ordinance which delegates the legislative power vested in the county commission to determine the public policy and regulate property rights based on the written consent of all or a majority of the specified landowners and homeowners prior to accepting an application for rezoning might well be seen by a court as an invalid delegation of the legislative power of the county. [13] Further, under Florida law generally, a property owner acquires no vested rights to the continuation of existing zoning. [14] There is no general constitutional right to be free from all changes in land use laws. [15] A landowner who plans to use his property in accordance with existing zoning regulations is entitled to assume only that such regulations will not be altered to his detriment, unless the change bears a substantial relation to the health, morals, welfare or safety of the public. [16] As discussed above, an ordinance enacted under a theory of general police powers must not infringe on constitutional guarantees by invading personal or property rights unnecessarily or unreasonably, denying due process of law or equal protection of laws, or impairing obligations of contract. Nor may such an ordinance be inconsistent with the general laws of the state, discriminate unreasonably, arbitrarily or oppressively, or constitute a delegation of legislative or executive or administrative power. [17] The adoption of an ordinance which includes a consent requirement as a condition precedent to the application process for rezoning could be seen to interject an element of arbitrariness into that application process . [18] Again, the opinions of residents are not factual evidence and have been determined by the courts to not constitute a sound basis for denial of a zoning change application. [19] You have specifically directed my attention to the Community Planning Act, sections 163.3164 - 163.3217, Florida Statutes, and associations of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development as potential sources of statutory authority for adopting an ordinance imposing a consent requirement to an application for rezoning. The "Community Planning Act, " codified in Part II, Chapter 163, Florida Statutes, was enacted to "utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and manage future development consistent with the proper role of local government. " [20] The act specifically provides that "no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act. " [21] The comprehensive plan must provide "the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government' s programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations. " [22] The act provides that it is the will of the Legislature that the public be involved in community planning: "It is the intent of the Legislature that the public participate in the comprehensive planning process to the fullest extent possible. Towards this end, local planning agencies and local governmental units are directed to adopt procedures designed to provide effective public participation in the comprehensive planning process and to provide real property owners with notice of all official actions which will regulate the use of their property. The provisions and procedures required in this act are set out as the minimum requirements towards this end. " [23] To facilitate this public participation the act requires public hearings, the opportunity for written comments, and other public information opportunities. [24] As Florida courts have noted with regard to zoning decisions: "The role of the governmental entity is to arrive at sound decisions affecting the use of property within its domain. This includes receiving citizen input regarding the effect of the proposed use on the neighborhood, especially where the input is fact-based. " [25] However, no provision of the "Community Planning Act" of which I am aware or to which you have drawn my attention would authorize a local governmental agency to delegate its legislative zoning authority to other land owners by requiring their consent prior to the acceptance of a request for rezoning. [26] You have also asked whether associations of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development may be potential sources of statutory authority for adopting an ordinance imposing a consent requirement to an application for rezoning. You are aware of no provisions in these laws which would bear directly on the validity of consent requirements prior to accepting a request for rezoning. Rather, these references, and your previous reference to Part II, Chapter 163, Florida Statutes, are intended to reflect more recent land development regulation and property owner rights laws. In the absence of concern for a particular statutory provision, this office will not undertake a broad review of multiple chapters of the Florida Statutes in an attempt to justify what the courts have clearly identified as a suspect practice. Finally, the zoning power of Florida counties is statutory, not a common law power. [27] Local governments have no inherent right to restrict the use of land through zoning; such right is limited by the statute or ordinance creating the same. [28] The adoption of zoning ordinances and zoning maps is a legislative act[29] and zoning ordinances must find their justification in some aspect of the police power, asserted for the public welfare. [30] I am aware of, and you have brought to my attention, no common law right of local governments to impose a consent requirement such as the one you propose on applications for rezoning. Rather, the extent of the zoning power is circumscribed by the grant of power from the Legislature to local governments and contained in Chapters 125 and 166, Florida Statutes. Question Three You have asked whether a local government may require an application for rezoning to include the favorable outcome of a vote to approve the filing of the application by all or some of the individual members voting on the matter when private recorded covenants and restrictions call for such a vote. This office will not comment on the terms of private contracts or their enforcement. As addressed more fully herein, consent requirements such as the one you have proposed may constitute an unconstitutional delegation of legislative authority and are not favored in the law and may implicate a number of constitutional rights. [31] Sincerely, Pam Bondi Attorney General PB/tgh [1] See Evans v. Hillsborough County, 186 So. 193 (Fla. 1938) (a statute found on statute books must be presumed to be valid and must be given effect until it is judicially declared unconstitutional) ; White v. Crandon, 156 So. 303 (Fla. 1934) (county commissioners must obey statutes until in proper proceedings they are passed upon by the courts and declared invalid) ; State ex rel. Gillespie v. Thursby, 139 So. 372 (Fla. 1932) , rehearing denied, 140 So. 775 (Fla. 1932) ; Falco v. State, 407 So. 2d 203 (Fla. 1981) (court has duty, if reasonably possible, and consistent with constitutional rights, to resolve all doubts as to validity of statute in favor of its constitutionality) ; State v. Jefferson, 758 So. 2d 661 (Fla. 2000) ; Ops. Att'y Gen. Fla. 92-02 (1992) (statutes are presumptively valid and must be given effect until determined otherwise by a court of competent jurisdiction in an appropriate judicial proceeding; 88-09 (1989) ; 87-36 (1987) ; cf. 90-47 (1990) (presumptive validity of municipal ordinance) . [2] See 7 Fla. Jur. 2d Building, Zoning, and Land Controls s. 53; and see Barefield v. Davis, 251 So. 2d 699 (Fla. 1st DCA 1971) . [3] As a charter county, the zoning power of Clay County is derived from Art. VIII, s. 1 (f) , Fla. Const. , and Part II, Ch. 125, Fla. Stat. , particularly s. 125. 66 (4) , Fla. Stat. Cf. State ex rel. Henry v. Miami, 158 So. 82 (Fla. 1934) (no such thing as a general legislative power on the part of municipal authorities to control and direct how the private properties of municipal inhabitants shall be held or enjoyed) . [4] See Inf. Op. to Chiaro, dated January 24, 1997 . [5] See Davis v. Sails, 318 So. 2d 214 (Fla. 1st DCA 1975) ; Prescott v. Charlotte County, 263 So. 2d 623 (Fla. 2d DCA 1972) , cert. denied, 267 So. 2d 834 (Fla. 1972) . [6] See City of Jacksonville v. Sohn, 616 So. 2d 1173 (Fla. 1st DCA 1993) ; Carter v. Town of Palm Beach, 237 So. 2d 130 (Fla. 1970) ; Op. Att'y Gen. Fla. 79-71 (1979) ; 62 C.J.S. Municipal Corporations ss. 128 , 132-135 (1949) ; 7 Fla. Jur. 2d Building, Zoning, and Land Controls s. 102 . [7] 65 So. 2d 751 (Fla. 1953) , and see City of Port Orange v. Leechase Corp. , 430 So. 2d 534 (Fla. 5th DCA 1983) . [8] And see Miami Shores Village v. William N. Brockway Post No. 124 of American Legion, 24 So. 2d 33 (Fla. 1945) ; Wallace v. Town of Palm Beach, 624 F. Supp. 864 (S.D. Fla. 1985) ; Inf. Op. to Dellagloria, dated January 5, 2001. [9] See generally 2A C.J. S. Aeronautics and Aerospace s. 70 (1972) ; Brooks v. Patterson, 31 So. 2d 472 , 474 (Fla. 1947) ; cf. Corbett v. Eastern Air Lines, Inc. , 166 So. 2d 196 (Fla. 1st DCA 1964) . [10] See Brooks v. Patterson, supra, and S.H. Kress and Co. v. City of Miami, 82 So. 775 (Fla. 1919) . [11] Crandon v. Hazlett, 26 So. 2d 638, 642 (Fla. 1946) ; State v. City of Tallahassee, 177 So. 719 (Fla. 1937) ; Dade County v. State, 116 So. 72 (Fla. 1928) ; see also Washington ex rel. Seattle Title Trust Co. v. Roberge, 278 U. S. 116 (1928) ; and see generally 16 C.J. S. Constitutional Law ss. 133, 137 (1956) ; 62 C.J. S. Municipal Corporations ss. 154, 226 (10) , 227 (9) (1949) ; 101A C.J. S. Zoning and Land Planning s . 30 (1979) . See also City of Miami Beach v. Forte Towers, Inc. , 305 So .2d 764 (Fla. 1974) ; Cassady v. Consolidated Naval Stores Company, 119 So. 2d 35 (Fla. 1960) ; Richey v. Wells, 166 So. 817 (Fla. 1936) ; Bailey v. Van Pelt, 82 So. 789 (Fla. 1919) . Cf. Cusack Co. v. City of Chicago, 242 U. S. 526 (1917) ; Eubank v. City of Richmond, 226 U. S. 137 (1912) ; Grova v. Baran, 134 So. 2d 25 (Fla. 2d DCA 1961) , appeal dismissed, 145 So. 2d 489 (Fla. 1962) ; Miller v. Ryan, 54 So. 2d 60 (Fla. 1951) . [12] See 101A C.J. S. Zoning and Land Planning s. 71; and see infra n.25 providing citations to Florida statutory provisions providing for the consideration of "affected person[s] " during the development process who may include owners of abutting real property. [13] See Pollard v. Palm Beach County, 560 So. 2d 1358 (Fla. 4th DCA 1990) (opinions of residents are not factual evidence and not sound basis for denial of zoning change application) ; City of Apopka v. Orange County, 299 So. 2d 657 , 659-660 (Fla. 4th DCA 1974) ; and Town of Ponce Inlet v. Rancourt, 627 So. 2d 586 (Fla. 5th DCA 1993) ; Marell v. Hardy, 450 So. 2d 1207 (Fla. 4th DCA 1984) (it is the function of the legislative body charged with responsibility for protecting and enhancing the health, welfare, and safety of public to weigh the advantages and disadvantages of rezoning property) . [14] See Villas of Lake Jackson, Ltd. v. Leon County, 884 F.Supp. 1544 (N.D. Fla. 1995) , opinion modified on reconsideration, 906 F. Supp. 1509 (N.D. Fla. 1995) , affirmed, 121 F. 3d 610 (C.A. 11 Fla. 1997) . [15] New Port Largo, Inc. v. Monroe County, 95 F.3d 1084 (C.A. 11 (Fla. ) 1996) , cert. denied, 117 S.Ct. 2514, 521 U. S. 1121, 138 L.Ed.2d 1016 (1997) . [16] City of Miami Beach v. 8701 Collins. Ave. , Inc. , 77 So. 2d 428 (Fla. 1954) . [17] And see Miami Shores Village v. William N. Brockway Post No. 124 of American Legion, 24 So. 2d 33 (Fla. 1945) ; Wallace v. Town of Palm Beach, 624 F. Supp. 864 (S.D. Fla. 1985) ; Inf. Op. to Dellagloria, dated January 5, 2001. [18] See, e.g, Corn v. City of Lauderdale Lakes, 997 F.2d 1369 (C.A. 11 Fla. 1993) , cert. denied, 114 S.Ct. 1400, 511 U. S. 1018 , 128 L.Ed.2d 73, appeal after remand, 95 F.3d 1066, cert. denied, 118 S.Ct. 441, 522 U. S. 981, 139 L.Ed.2d 378 (restrictions government imposes on land must be substantially related to general welfare; if not, governmental action is arbitrary and capricious in violation of substantive due process) ; Eide v. Sarasota County, 908 F.2d 716 (C.A. 11 Fla. 1990) , cert. denied, 111 S.Ct. 1073 , 498 U. S. 1120 , 112 L.Ed.2d 1179 (property owner may challenge zoning regulation by arguing that regulation is arbitrary and capricious, does not bear substantial relation to public health, safety, morals, or general welfare, and is therefore invalid exercise of police power; owner need only prove that government acted arbitrarily and capriciously either facially or as applied) . [19] Pollard v. Palm Beach County, supra . [20] Section 163. 3161 (2) , Fla. Stat. [21] Section 163. 3161 (6) , Fla. Stat. [22] Section 163. 3177 (1) , Fla. Stat. , and see the remainder of this statute for the required and optional elements of a comprehensive plan. [23] Section 163.3181 (1) , Fla. Stat. [24] See e.g. , s. 163. 3181 (2) , Fla. Stat. ; s . 163.3174 (1) and (4) , Fla. Stat. , requiring that the local planning agency prepare the comprehensive plan or amendment after public hearings; s. 163.3184 (11) , Fla. Stat. , providing for public hearings during the process for adoption of comprehensive plans or plan amendments. However, I would also note that s. 163.3167 (8) , Fla. Stat. , specifically prohibits " [a]n initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment[ . ] " [25] See City of Dania v. Florida Power and Light, 718 So. 2d 813 at 816 (Fla. 4th DCA 1998) , citing Grefkowicz v. Metropolitan Dade County, 389 So. 2d 1041 (Fla. 3d DCA 1980) ; Metropolitan Dade County v. Blumenthal, 675 So. 2d 598 (Fla. 3d DCA 1995) . [26] Cf. s. 163.3184, Fla. Stat. , which defines " [a]ffected person" to include "owners of real property abutting real property that is the subject of a proposed change to a future land use map" and authorizing any affected person to file a petition with the Division of Administrative Hearings to challenge whether the plan is in compliance with the statute; s . 163. 3187 (5) (a) , Fla. Stat. , providing a similar procedure for any "affected person" to challenge the compliance of a small scale development amendment; and s. 163. 3215, Fla. Stat. , providing standing for aggrieved or adversely affected parties to enforce local comprehensive plans through development orders. And cf. Preserve Palm Beach Political Action Committee v. Town of Palm Beach, 50 So. 3d 1176, 1179 (Fla. 4th DCA 2010) ("The right of the people to vote on issues they are entitled to vote on is one of utmost importance in our democratic system of government. But there are issues - such as the right of a small landowner to use his property subject only to government regulations - which should not be determined by popular vote. Section 163. 3167 (12) rightfully protects the small landowner from having to submit her development plans to the general public and ensures that those plans will be approved or not, instead, by the elected officials of the municipality in a quasi-judicial process. ") . [27] See Penthouse, Inc. v. Saba, 399 So. 2d 456 (Fla. 2d DCA 1981) , review denied, 408 So. 2d 1095 (Fla. 1981) . [28] See Florida Tallow Corp. v. Bryan, 237 So. 2d 308 (Fla. 4th DCA 1970) . [29] Pasco County v. J. Dico, Inc. , 343 So. 2d 83 (Fla. 2d DCA 1977) ; and see Starkey v. Okaloosa County, 512 So. 2d 1040 (Fla. 1st DCA 1987) (rezoning is a legislative prerogative) . [30] Flava Works, Inc. v. City of Miami, Fla. , 800 F. Supp. 2d 1182 (S.D. Fla. 2011) ; and see County of Volusia v. City of Deltona, 925 So. 2d 340 (Fla. 5th DCA 2006) , rehearing denied (2006) , (because the zoning power is an aspect of the police power, a municipality may not enter into a private contract with a property owner for the amendment of a zoning ordinance subject to restrictions in an agreement to be executed between the city and the owner) . [31] See Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610 (C.A. 11 Fla. 1997) (any constitutional right based upon zoning regulation governing specific use of real property, to extent claim is based upon deprivation of right to use property itself for that specific purpose is protectable, if it is right for which Constitution gives protection at all, only by procedural due process claim challenging procedures by which regulation was adopted, substantive due process claim based upon arbitrary and capricious action of government in adopting regulation, Takings Clause claim, or under some other constitutional provision that gives landowner protectable right, not specifically involved with real property right itself) . 1 PL20210003207 – MEDITERRA COMMUNITY ASSOCIATION - VEHICULAR ACCESS (PDI) SUPPLEMENTAL ATTACHMENTS TO ATTACHMENT I TABLE OF CONTENTS • CONCEPTUAL DESIGN PACKAGE – PAGE 2 • SFWMD – NOTICE OF INCOMPLETE APPLICATION – PAGE 13 • SFWMD – REQUEST FOR ADDITIONAL INFORMATION – PAGE 14 • BROOKS DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS – PAGE 17 o BY-LAWS – PAGE 83 • CORRECTIONS LETTER EPR – PAGE 99 • PRESUIT MEDIATION COVER LETTER – PAGE 101 • DEMAND LETTER TO MEDITERRA COMMUNITR ASSOCIATION – PAGE 103 • EXHIBIT PERMITTED MASTER PLAN – PAGE 106 • DEMAND LETTER COPY 1 – PAGE 107 • DEMAND LETTER COPY 2 – PAGE 110 • ePERMITTING TRACKING – PAGE 113 • MEDITERRA R.O.W. REVIEW LANDSCAPE & IRRIGATION – PAGE 116 • DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR MEDITERRA – PAGE 121 o BY-LAWS – PAGE 225 • MEDITERRA PHASE THREE EAST, UNIT ONE – PLAT BOOK – PAGE 247 • MEDITERRA PDI RESOLUTION NO. 04-11 – PAGE 257 • QUIT CLAIM DEED TRACT Q – PAGE 260 • REVIEW COMMENT LETTER 5 (PL20220004544, MEDITERRA PPL) – PAGE 275 • STATUTORY OFFER TO PARTICIPATE IN PRESUIT MEDIATION – PAGE 286 Veterans Memorial Boulevard Entry Conceptual Design Package Bill Bowden, CCM, CAM General Manager February 2022 © 2022 Morris Depew. All rights reserved. Prepared for: Prepared by: MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. Design Imagery MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. Proposed Entry - Site Plan BUFFER VETERANS MEMORIAL BLVDVETERANS MEMORIAL BLVD EXISTING FOUNTAINEXISTING FOUNTAIN EXISTING COUNTY LIFT STATION GATED ACCESS EXISTING WALL AND LANDSCAPED BERM EXISTING HOMESEXISTING HOMES PERSPECTIVE ANGLE MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. Veterans Memorial Boulevard Entry - Western Approach VETERAN’S MEMORIAL B L V D MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. Veterans Memorial Boulevard Entry VETERAN’S MEMORIAL BLVD MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. Veterans Memorial Boulevard Entry - Eastern Approach VETERA N ’ S M E M O R I A L B L V D MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. Entry Drive MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. View of Proposed Controlled Access - Entry MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. View of Proposed Controlled Access - Exit CELEBRITA CT BUONASERA CT CELEBRITA CT MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. Exit Drive - 1 MEDITERRA Date: February 2022 MDA# 19061-03 © 2022 Morris Depew. All rights reserved. * All plant material shown at maturity. Installed size may vary. Exit Drive - 2 October 31, 2022 * Delivered Via Email Rodney Chase * Mediterra Community Association Inc * 15735 Corso Mediterra Cir Naples, FL 34110 Subject: Mediterra South East Entry Notice of Incomplete Application Environmental Resource Permit (ERP) Application No. 220712-35139 Collier County Dear Agent or Applicant: The additional information requested by letter on August 10,2022 has not been received by the South Florida Water Management District (District). This information is necessary for the District to timely complete the processing of the above-referenced ERP application. The requested information was to be provided pursuant to the timelines outlined in Section 5.5.3.5,ERP AH,Vol.I to avoid denial of the application. If you are not ready to submit a complete response you may voluntarily withdraw the application prior to the application being denied.If you elect to withdraw the application,Section 5.5.3.7,ERP AH, Vol.I,provides a process for you to refile the application within 365 days without the necessity to pay a new processing fee. Should you fail to fully submit the requested information,or to withdraw the application,within 10 days of the date of this letter,the application will be considered incomplete and District staff will process the application for denial, without prejudice to your right to reapply at a later time. If you have any questions concerning this matter,please contact the assigned staff members to discuss solutions and/or set a meeting to resolve the remaining issues:Randall Casburn, Engineering Specialist II,Environmental Resource Bureau at 239-338-2929 x7792 or via email at rcasburn@sfwmd.gov and Jewelene Harris,Senior Environmental Analyst at (239)338-2929 x7752 or via email at jsharris@sfwmd.gov and Rich Walker,Property Analyst at (561)682-6741 or via email at rdwalker@sfwmd.gov Sincerely, Angelica S. Hoffert, P.E. Section Leader, Environmental Resource Bureau South Florida Water Management District c: Jack Morris, PE , Morris-Depew Associates, Inc * * Delivered Via Email August 10, 2022 Rodney Chase * Mediterra Community Association Inc 15735 Corso Mediterra Cir Naples, FL 34110 Subject: Mediterra South East Entry Request for Additional Information Application No. 220712-35139 Collier County Dear Mr. Chase: District staff reviewed the above-referenced application.As discussed with Jack Morris,P.E.on July 27,2022,the District is requesting the following information,in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's Handbook Volume I (Vol.I),adopted by reference in Section 62.330.010(4)(a),Florida Administrative Code (F.A.C.),to complete the application and provide reasonable assurances for permit issuance: Please provide the required application fee of $250 for an Individual Environmental Resource Permit (ERP).The application is not complete until the required application fee has been paid.Payment of application fees can be done by credit card on the District's ePermitting website,or by check.If submitted by check,please make the check payable to the South Florida Water Management District and reference Application No.220712-35139 in the memo section of the check to ensure adequate processing.[Rule 62-330.071(1), F.A.C.] 1. It appears that work is proposed on areas which are owned and/or controlled by the Collier County Board of County Commissioners,specifically within the Veteran's Memorial Blvd ROW.Does the applicant have easements allowing for the proposed work?Please provide copies of all relevant easements.Depending on the above responses,it may be appropriate to have the property owner as co-applicant(s),the County submit the proposed ROW works as a modification to Permit No.11-102981-P.Please provide details of any coordination which has occurred with the land owner(s)to date.Would these entities be willing to be co- applicants? Please explain. [Section 4.2.3, Vol. I] 2. Please identify the entity that will be responsible for operation and maintenance of the SWM system;portions of Permit No.11-01761-P have been converted to operation under the Mediterra Community Development District.If a property owner's association is the proposed operation and maintenance entity,provide draft copies of the articles of incorporation for the association and copies of the declaration,restrictive covenants,deed restrictions,or other operation documents that assign responsibility for the operation and maintenance of the system.If the operation and maintenance entity will be a different entity, 3. such as a special services district,the county,or a municipality,provide written confirmation, such as a letter or resolution from the intended operation entity,that it will accept the operation and maintenance responsibility of the stormwater management system. [Section 62-330.060(4), F.A.C., Sections 4.2.3(g) and 12.3.3, Vol. I] Advisory Comments:The following comments are advisory in nature and do not require a response to the District. A1.As of Dec.22,2020,the Florida Department of Environmental Protection (DEP)has assumed authority to administer the dredge and fill permitting program under Section 404 of the Federal Clean Water Act within certain “assumed waters”in the state. Your project may fall within assumed waters. If your project involves wetland or other surface water impacts,and if you do not already have a permit from the U.S.Army Corps of Engineers (USACE)under Section 404 of the Clean Water Act, you may need a State 404 permit. If your project requires a State 404 permit,please complete Section I of the ERP application “Supplemental Information for State 404 Program Permits”and upload it along with other application documents to the District’s ePermitting portal. There is no need to submit a State 404 permit application if you already have an application pending with the USACE because the USACE will transfer any pending applications within assumed waters to DEP. If you already have a 404 permit from the USACE for the same work proposed in this ERP application,then no further action is required,unless revisions are proposed to the project such that a modification to the 404 permit is required. More information about the State 404 permitting program may be found on DEP's website: https://floridadep.gov/water/submerged-lands-environmental-resources- coordination/content/state-404-program. Please contact your local DEP office for any questions regarding the need for a State 404 permit. A2. Included with this letter/permit is a brochure from the Florida Department of Environmental Protection (FDEP)on Florida’s National Pollutant Discharge Elimination System (NPDES) program for construction activities. As the brochure indicates,the U.S.Environmental Protection Agency authorized the FDEP in October 2000 to implement the NPDES stormwater permitting program in Florida.The District is assisting FDEP by distributing this information to entities which may be subject to regulation under the NPDES program. No response to the District is required. A “Generic Permit for Stormwater Discharge from Large and Small Construction Activities” (CGP)is required for a construction activity which ultimately disturbs an acre or more and contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system. Mediterra South East Entry, Application No. 220712-35139 August 10, 2022 Page 2 of 3 The permit required under FDEP’s NPDES stormwater permitting program is separate from the Environmental Resource Permit required by the District.Receiving a permit from the District does not exempt you from meeting the NPDES program requirements. If you have any questions on the NPDES Stormwater program,call 866-336-6312 or email FDEP at NPDES-stormwater@dep.state.fl.us.For additional information on the NPDES Stormwater Program including all regulations and forms cited in the brochure visit: www.dep.state.fl.us/water/stormwater/npdes/. Prior to responding to this letter,please contact the assigned staff members to discuss solutions to the above questions and/or set a meeting to resolve the remaining issues: Jewelene Harris, Senior Environmental Analyst at (239)338-2929 x7752 or via email at jsharris@sfwmd.gov; Randall Casburn,Engineering Specialist II,Environmental Resource Bureau at 239-338-2929 x7792 or via email at rcasburn@sfwmd.gov;and Rich Walker,Property Analyst at (561) 682-6741 or via email at rdwalker@sfwmd.gov. Please submit the complete response electronically on the District's ePermitting website (www.sfwmd.gov/epermitting)using the 'Additional Submittals'link.Information on the District's ePermitting program is enclosed.Alternatively,please provide (1)original hard copy of the requested information,clearly labeled with the application number,to the Fort Myers Service Center, 2301 McGregor Boulevard, Ft. Myers, Florida, 33901. If a complete response is not provided within 90 days of this letter,this application will be processed for denial,in accordance with Section 5.5.3.5 of Vol.I.If additional time is necessary, please submit a written request for an extension via the ePermitting website before the 90-day period ends, including a description of the circumstances requiring the extension of time. For projects where more than 90 days will be needed to develop a complete application,it is recommended that the applicant withdraw the current application and resubmit a complete application at a later date.The processing fee,if paid,can be applied to a new application that is submitted within 365 days,pursuant to Rule 62-330.071(3),F.A.C.If the application is denied by the agency, fees will not be returned or credited. Sincerely, Angelica S. Hoffert, P.E. Section Leader, Environmental Resource Bureau c: Jack Morris, PE, Morris-Depew Associates, Inc * Mediterra South East Entry, Application No. 220712-35139 August 10, 2022 Page 3 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT / BUILDING REVIEW & INSPECTION DIVISION 2800 N. Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2428 Outstanding Corrections Date: August 25, 2022 PERMIT NO: PRROW2022073352301 Contact Name: Morris-Depew Associates, Inc.APPLICATION NO: PRROW20220733523 Address: 2914 Cleveland Avenue City, State Zip: Ft. Myers, FL 33901 JOB SITE ADDRESS: Email: permitting@m-da.com Dear Applicant: Plans submitted with the referenced permit have been reviewed.We are unable to approve your permit application for the reason(s) indicated below. For Applications Submitted through the GMD E-Permitting Portal: ·Resubmittals must be submitted in the same session and the changes must be clouded. ·Corrected documents must be submitted as complete files (with the corrected sheets replacing the rejected sheets). Submittals containing just the corrected sheets will be returned as Insufficient. ·A written letter of response summarizing the changes made to address each correction comment must be included in your resubmittal. Failure to include a written letter of response will result in a rejection. ·After your resubmittal is processed the documents will be reviewed again; additional deficiencies may be identified through this process. JOB DESCRIPTION: New vehicular access and gate addition to Veterans Memorial Blvd. (MEDITERRA SOUTH EAST ENTRANCE) On Veterans Blvd East of Livingston RD Rejected Review: ROW Review Reviewed By: Alicia Humphries Phone:239-252-2326 Email:Alicia.Humphries@colliercountyfl.gov Correction Comment 1: The ROW review will not be approved until the PDI, PL20210003207 and PPL, PL20220004544 are approved. Correction Comment 2: Please see the document labeled, "Mediterra ROW Review Landscape & Irrigation.docx". Please revise the plans as necessary in response to the comments. Correction Comment 3: Please confirm that a left turn lane into the property is not required. Correction Comment 4: Section A, sheet CG-301, 6% is the typical cross slope in medians. Correction Comment 5: The Site Location Map on the cover sheet appears to indicate the proposed improvements west of Livingston Road but the site plans show the improvements east of Livingston Road. While staff recognizes that the golf course is west of Livingston Road, the location map is misleading. Please consider correcting. Correction Comment 6: Please provide a Maintenance of Traffic Plan for the proposed construction. ATTENTION: Collier County Plan Review and Inspections routinely reviews all outstanding permit applications in order to determine their status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within 180 days with corrected plans or an appeal to the Code Enforcement Board, the permit application will become Void as per Collier County Ordinance 2002-01, Section, 104.5.1.1 to 104.5.1.4 (as amended). Client: Mediterra Community Association, Inc. Location: Veterans Memorial Boulevard Naples, Florida 1. Provide information that the proposal has been coordinated with the TECM Veterans Memorial Parkway Plans. The schedule for Veterans Memorial Parkway: a. Phase 1 (D-B 60198) – Design Build, Duration 31 Months with a completion date of Third quarter 2023 b. Phase 2- Design Build – Design and Permitting to be completed third quarter 2024; Project Completion 2026 c. Phase 1 Issues and Questions: 1. Is the applicant required to modify the Veterans Memorial Boulevard South Florida Water Management Permit? 2. Is the applicant aware that Berms are not allowed in the right-of-way for plantings? 3. Access is allowed, but the roadway/driveway takes up a large portion of the public right-of-way and aligns with the Allura Entrance. There is not the correct directional median designed for this alignment, and the access points are too close to the existing traffic signal to warrant another signal. Has this been coordinated or discussed with TECM or Transportation Planning? 4. Was there a development agreement for the use of this right of way and alignment for a traffic light? a. “ Within 180 days of the adoption of the PUD Ordinance by the Collier County Board of County Commissioners, the developer shall convey by warranty deed a 200-foot wide right-of-way along the southern property boundary, east of Livingston Road North/South, for the construction of Livingston Road East/West. The developer shall receive impact fee credits pursuant to the Collier County Consolidated Impact Fee Code Provisions as set fort in Section 74 of the Collier County Code of Laws and Ordinances and as referenced in Section 2.2.20.3.7 of the Collier County Land Development Code.” 5. Per the PUD: “Use of Rights-of-way: Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by LBP and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations.” 6. Has the applicant demonstrated that the roadway horizontal and vertical geometrics meet the FDOT Standard requirements? The applicant should provide an Autoturn analysis to demonstrate that roadway curvatures are adequate (especially for emergency vehicle truck maneuvers). Provide the Radius of the roadway curves and Marlene Messam, PE, to determine if the roadway is safe. 7. Show FDOT sight lines on the plan. 8. Curbing of Medians: Type A curbing is used in roundabout central island construction and is 3” in height. Plant selection in medians needs to follow Topic #625-000-007 Plans Preparation Manual, Volume 1 (Date January 1, 2016) for Clear Zones. Roadway design speed needs to be indicated. 9.Show sightlines on plan. Refer to: FDOT Index 544-Landscape Installation, Index 546-Sight Distance at Intersections, and Index 700- Roadside Offsets a. REFERENCE FDOT Index 546: The corridor defined by the limits of clear sight is a restricted planting area. Drivers of vehicles on the intersecting roadway and vehicles on the major roadway must be able to see each other clearly throughout the limits of ’d’ and ’d ’. If in the Engineers judgement, landscaping interferes with the line-of-sight corridor prescribed by these standards the Engineer may rearrange, relocate or eliminate plantings. 10. Show existing elevation of the existing lift station in the grading plan. Unsure of the existing elevations around the lift station is too steep. Please coordinate with Collier County Water and Sewer District staff. Need to provide drainage or swale. 11. Show only planting and irrigation in the ROW 12. There is an excessive amount of landscaping proposed in the ROW. 13. Trees are not allowed in the ROW unless they are part of the landscape beautification master plan. 14. Lighting is not allowed in the ROW as part of the LMA; the winding tree- lined road is a potential safety issue for drivers without street lighting. 15. Berming shown in the PPL plans is not allowed in the ROW. 16. Irrigation valves must remain in private property, not in the ROW. 17. For a right of way permit and Landscape maintenance agreement, the requirements are listed below: Landscape Maintenance Agreement: PURPOSE: It is the Road Maintenance Division’s intent to set forth steps to be taken by right of way applicants to initiate a landscape maintenance agreement for landscape and irrigation within the County maintained Rights-of-Way (ROW) WHEN DO I NEED A LANDSCAPE MAINTENANCE AGREEMENT? A landscape maintenance agreement is needed in all instances when proposing landscape and irrigation within the rights of way with one exception which is addressed through an exemption application. The landscape is limited to sod and small shrubs. Minimum Code landscaping and buffering are not allowed in the right of way. When placing irrigation systems in the right of way, a landscape maintenance agreement is required. All Communities must mow the right-of-way area adjacent to their community. The plans shall be prepared by a Florida Registered Landscape Architect. POLICY/PROCEDURE FOR LANDSCAPE MAINTENANCE AGREEMENTS: The “Applicant” may be a private, homeowners association, or developer. The applicant will be responsible for the installation costs of the landscape and irrigation project along with its perpetual maintenance. The applicant is required to obtain a Right-of-Way Permit. Included in the right of way applicant are the following: o Original signed and notarized landscape maintenance agreement. (LMA) o Right of way permit and a check for the associated fees. (ROW permit - fee schedule) o Signed and sealed landscape architectural plans that indicate the limit of work and future maintenance. (The Design Checklist) o Landscape Maintenance Specifications (Boilerplate Specifications) All attachments will be reviewed by Right of way permitting and Road Maintenance Landscape staff. Upon approval of plans, issuance of the right of way permit, and receipt of the original landscape maintenance agreement, a right of way permit will be issued, and the completed agreement will be submitted to the County Attorney’s Office for review for legal sufficiency. The agreement requires Board of County Commissioner approval before starting the work. The Board approved agreement is recorded through Minutes and Records. The applicant is responsible for all recording fees. References: https://www.colliercountyfl.gov/your-government/divisions-f-r/road- maintenance/landscape-operations https://www.colliercountyfl.gov/your-government/divisions-f-r/road- maintenance/landscape-operations/landscape-maintenance-agreement-lma Checklist for Landscape Maintenance Agreement (LMA): Obtain the most recent boilerplate agreement where the dates are indicated in the current year. Obtain a word document for revision. Paragraph 1 of the LMA, sentence 1 – leave the day and the month blank. This is left blank for recording the actual recording date and is entered by Minutes and Records. Paragraph 1 of LMA – type in the legal Association, Developer, or Owner of the property and their registered mailing address. Reference as “Association” or “Owner” or “Developer.” Type the information in the form. This information will be reviewed in Sunbiz for legal ownership before submitting to our attorney for review. The “Road” references the road where the right-of-way improvements are proposed. Type in the name of the street. Signature page: o ATTEST: Crystal K Kinzel, Clerk ( Leave Blank, will be signed by Clerk upon BCC approval). o BCC Chairman, Check BCC Chairman and official signature . o Under Association: Type legal association name. o Notarize and stamp the last page of the agreement. o The attorney reviewing for form and legality is Jeff Klatzkow, County Attorney – Leave blank. The LMA is comprised of Schedule ‘A’ which includes the approved documents o Right of Way Permit The Right of way permit must be approved. This is an attachment to the agreement. o Location Map that clearly indicates and labels: The Limits of Maintenance The Right of way and property lines The Street names o Landscape and Irrigation Plans Legible at 8 ½ x 11 format. Reproducible and clear line work. Labeled sod and landscaped areas. Limits of Maintenance shown on the plan set. o Landscape and Irrigation Review of Plans: The agreement is limited to groundcovers, shrubs, and irrigation. Landscape Plans must have a legend. LDC and FDOT sightlines must be shown on the plans. Utilities, waterlines, overhead electrical, light poles, driveways, and all above and below services must be shown on the plans. The property and right of way lines must be shown. Plans prepared by a Florida Registered Landscape Architect. For median landscape proposals: Toro irrigation heads, brass valves, and standardized equipment is used. Schedule a meeting with Schedule A: o Place a “Schedule A “Label in the corner of the ROW permit since this is an Exhibit to the Agreement it needs to be labeled. Schedule B: Is the Boilerplate Landscape Maintenance specifications. o Plants that cannot be maintained to the proper heights will be rejected. If there is a plant that grows higher than the allowable heights. The specifications may be modified to indicate how the plant will be maintained. The County has the right to reject the provisional specification. o The maintenance specifications are a boilerplate specification and can be modified to meet the site-specific proposal and required maintenance of the specified plants. Recording Fees: Once the agreement is approved by the Board. We will email the recorded agreement and invoice. The applicant is to write a check made payable to “Collier County Board of County Commissioners” for the invoiced amount and mail the check to: Collier County Transportation Management Services Department 2885 Horseshoe Drive South Naples, FL 34104 Attention: Pamela Lulich The Landscape section will pay for the recording through account string 111-163801- 649030 and the payment will reimburse the RM/Landscape operating account. 18. i. PDI RESOLUTION NO. 04 - ~ RELATING TO PETITION NUMBER PDI-2004-AR-5337 FOR INSUBSTANTIAL CHANGES TO MEDITERRA PUD MASTER PLAN FOR PURPOSE OF THE REMOV AL OF THE ENTRY ROAD CONNECTION TO THE FUTURE EAST-WEST LIVINGSTON ROAD AT THE SOUTHEAST CORNER OF THE PROPERTY AND THE ADDITION OF AN OPTION OF RESIDENTIAL DESIGNATION (R) TO THE VILLAGE CENTER DESIGNATION (VC) EAST OF NORTH-SOUTH LIVINGSTON ROAD. THE MEDITERRA PROJECT IS LOCATED WITHIN LEE AND COLLIER COUNTIES, HOWEVER THE PUD JURISDICTION APPLIES ONLY TO THE PROPERTY LOCATED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUDs in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County; and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability ofPDI- 2004-AR-5337 for insubstantial changes as shown on the revised Mediterra PUD Master Plan for the Mediterra PUD (Exhibit "A"), Ordinance Number 01-61, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: 1 The petition filed by Anita Jenkins, AICP, of WilsonMiller, representing Long Bay Partners LLC, be and the same hereby is approved for making the noted minor design changes to the Mediterra PUD having the effect of revising the Master Plan to remove the entry road connection to the future east-west Livingston Road at the southeast corner of the property and changing the Village Center (VC) designation, east of north-south Livingston Road, to Village Center (VC) and/or Residential (R) designation to allow for the option of residential development. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PDI- 2001-AR-5337 be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this 5th day of August, 2004. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA e&an fVIA-1l K- P S'fk./.h )u ¡) I ~ ATTEST: o eph K. Schmitt, Comm ity Development d Environmental Services Administrator Approved as to Form and Legal Sufficiency: Marjone . Student Assistant County Attorney PDl-2001-AR-5337/MB/sp 2 I I I I I I i 1 i1 IJ C¿ r'¡"¡¡ ~ l ..;¡:.... 1.. n t i ~ . u i i~~ MEDITERRA EXHIBIT A PUD MASTER PLAN PREPARED FOR' LONG BAY PARTNERS, LL.C. Wil.Miller I!oøIIIIII*.an.,.n L....Ñ'rII/IItâ·~~ r....... ø·...."""'*~ w September 8, 2022 Morris-Depew Associates, Inc. 2914 Cleveland Avenue Ft. Myers, FL 33901 EMAIL - permitting@m-da.com RE:Plans & Plat Construction PL20220004544 Mediterra (PPL) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Addressing - GIS Review Reviewed By: Annis Moxam Email: annis.moxam@colliercountyfl.gov Phone #: (239) 252-5519 Correction Comment 1: Plat, Construction and Landscape Plans all should have the same name. Rejected Review: County Attorney Review Reviewed By: Derek Perry Email: Derek.Perry@colliercountyfl.gov Phone #: (239) 252-8066 Correction Comment 1: Miscellaneous Corrections: All easements on the title work must be listed or shown on the plat, per section 177.091(16), Florida Statutes. Please note reviewer was unable to locate title exception nos. i, vi, and vii. Please resolve accordingly. Correction Comment 2: Miscellaneous Corrections: Please use one consistent tense of the verbs throughout the dedication paragraphs (dedicated vs dedicates; reserves). Correction Comment 3: Miscellaneous Corrections: Please add the CDD to the “in witness whereof” paragraph at the end of the dedication. Correction Comment 4: Miscellaneous Corrections: Please add an additional acknowledgement block for the CDD execution. Correction Comment 5: Miscellaneous Corrections: Please utilize form template language provided by the LDC and/or Public Utilities Division for the CUE dedication language. Correction Comment 6: Miscellaneous Corrections: Please add County Attorney Review to the County Approvals section of the plat (for Derek D. Perry, Assistant County Attorney). Correction Comment 7: Miscellaneous Corrections: Please confirm whether applicant must name the roadway that is Tract “R-2”. Correction Comment 8: Miscellaneous Corrections: Please number the notes and include PUD (Ord. No. 01-61, as amended, the Mediterra PUD, and CDD ordinance (title exception no. v) information as the note, as well the covenants found in exemption no. iii on the title report. Correction Comment 9: Miscellaneous Corrections: Please ensure the plat is signed and sealed. Rejected Review: Engineering Stormwater Review Reviewed By: Brett Rosenblum Email: brett.rosenblum@colliercountyfl.gov Phone #: (239) 252-2905 Correction Comment 1: Rev 1 - On sheet GI-002, under Symbols and Abbreviations, remove reference to indices 001 and 002 as they are not part of the current FDOT Index. In addition, under Miscellaneous Symbols, revise the curb ramp Index reference from 304 to 522-002 per current FDOT standards. Correction Comment 2: Rev 1 - On sheet GI-003, revise all FDOT Index references to current FY 2022-23 standards. Correction Comment 3: Rev 1 - On all plan sheets label the internal roadways as private. Label Veterans Memorial Blvd as Public. Provide a note on the plans that a County “Permit to Perform Work and/or Maintenance in Public Right-of-Way” is required for work within the roadway ROW on Veterans Memorial Blvd. In the response letter please indicate where this note can be found in the plans. Correction Comment 4: Rev 1 - On sheet CW-501, in Detail B, remove reference to FDOT Index #106 as that Index is no longer part of current FDOT standards. In addition, revise Index 515 to Index 330-001 per current FDOT standards. Correction Comment 5: Rev 1 - On sheet CS-501, revise FDOT Index 304 to Index 522-002 per current FDOT standards. Correction Comment 6: Rev 1 - For the type 9 inlets, specify the grate type to ensure runoff can be received from both directions. Correction Comment 7: Rev 1 - Per FDOT Index 711-001, label crosswalks as 12-inch white stripes, depict the stop bars 4' min. from crosswalk striping, label widths of crosswalks to the inside of the 12" stripes and make wider than the adjacent sidewalks. Correction Comment 8: Rev 1 - On sheet CG-101, label the lengths of the storm sewer pipes. Correction Comment 9: Rev 1 - Please provide the following Note on Plans. NOTE: "The approval of these construction plans does not authorize construction of required improvements which are inconsistent with easement of record." In the response letter please indicate where this note can be found in the plans. Correction Comment 10: Rev 1 - Provide a note stating which entity is responsible for maintenance of water management facilities and infrastructure. In the response letter please indicate where this note can be found in the plans. Correction Comment 11: Rev 1 - Extend the onsite sidewalk south to the Veterans Memorial Blvd right-of-way line. This will allow the future roadway widening project to connect to the onsite sidewalk. Revise the plans and plat as applicable. Correction Comment 12: Rev 1 - Provide a signed and sealed engineering report based on the additional impervious area, similar to that provided under SFWMD ERP application 220712-35139. Correction Comment 13: Rev 1 - The demolition is missing from the onsite total site construction cost. In addition, the demolition is missing from the offsite project cost summary. Based on review comments and subsequent plan revisions, provide a revised signed and sealed cost estimates and additional review fees as applicable. Rejected Review: Engineering Subdivision Review Reviewed By: David Anthony Email: david.anthony@colliercountyfl.gov Phone #: (239) 252-2497 Correction Comment 1: Provide the plat easement approval letters from the dry utility providers. Correction Comment 2: Replace Dedication 4 with the following: A. THAT ALL COUNTY UTILITY EASEMENTS (C.U.E.) FOR POTABLE WATER, NON- POTABLE IRRIGATION WATER AND/OR WASTEWATER SYSTEM(S) OR PORTIONS(S) THEREOF AND INGRESS AND EGRESS RIGHTS, WHERE APPROPRIATE, ARE PROVIDED TO THE COLLIER COUNTY WATER-SEWER DISTRICT TO OPERATE AND MAINTAIN POTABLE WATER, NON-POTABLE IRRIGATION WATER AND/OR WASTEWATER UTILITY SYSTEMS OR PORTION(S) THEREOF WITHIN THE PLATTED AREA AFTER FINAL CONVEYANCE TO THE CCWSD AND, WHERE APPLICABLE, TO INSTALL THE CCWSD'S CONNECTING UTILITY FACILITIES WITHIN SUCH EASEMENT(S), WITH NO RESPONSIBILITY FOR MAINTENANCE OF THE SURFACE EASEMENT AREA; AND B. APPLICABLE POTABLE WATER, NON-POTABLE IRRIGATION WATER AND/OR WASTEWATER SYSTEM(S) OR PORTION(S) THEREOF CONSTRUCTED WITHIN THIS PLATTED AREA IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE (2004- 41), AS AMENDED, SHALL BE CONVEYED TO THE BOARD AS THE EX-OFFICIO GOVERNING BOARD OF THE WATER-SEWER DISTRICT UPON ACCEPTANCE OF THE ADDITIONS, EXTENSIONS AND/OR IMPROVEMENTS REQUIRED BY THE PLAT. Correction Comment 3: Remove Dedication 5.B. Correction Comment 4: Revise Dedication 7 to reflect the updated PUE language in Chapter 177.091(28), F.S. Correction Comment 5: The Dedication states the owner of the described lands as Long Bay Partners, LLC, and Mediterra South Community Development District. The signatories of the IN WITNESS THEREOF is Bonita Bay Properties, Inc., and Mediterra South Community Development District. The Title Opinion lists the owner of these lands as the Mediterra Community Association, Inc. Please revise. Correction Comment 6: Add a street name to Plat. Correction Comment 7: Plat Map Location Map should be black ink only. Correction Comment 8: Please provide photometrics at the ROW line for the new connection. Provide a signed/sealed lighting plan and a revised OPC that includes lighting. Correction Comment 9: Plat County Commission Approval Block should state "...IN A REGULAR OPEN MEETING..." Correction Comment 10: Add a General Note for the recording information of the Restrictive Covenants which affect this plat. Correction Comment 11: There is a Drainage Utility and a Utility Easement in the Title Opinion which is not reflected on the plat. Correction Comment 12: Dedicate the 10' LME on the north end of Tract Q-1 with and without responsibility for maintenance. Correction Comment 13: Construction Plans show the asphalt being done in two lifts. The OPC should reflect this. Correction Comment 14: Offsite OPC shows 4" thick sidewalk, but the Construction Plans show 6". Please revise. Rejected Review: Engineering Surveyor Review Reviewed By: Marcus Berman Email: marcus.berman@colliercountyfl.gov Phone #: (239) 252-6885 Correction Comment 1: Sht1: Please remove the color from the location map and make all text legible and no text less than 0.10’ of an inch in height. Sht1: Under the word dedication, please show “State of Florida” first. Sht1: In the first paragraph under the dedication, second sentence, add an “s” to the word “owner”, add a colon after the word hereby and remove the rest. Sht1: Dedication 1.B., revise the first word “the” to “to”. Sht1: Dedication 1.C., revise the second word “on” to “of”. Sht1: Dedication 4.A., please add a period to (C.U.E.) Sht1: Dedication 5.C., please remove the word “Collier” and add (C.U.E.) after the word easements. Sht1: Dedication 6, please revise to “North Collier Fire Control & Rescue District”. Sht1: Dedication 7 should read per Chapter 177.091(28). All platted Public Utility Easements (P.U.E.) shall provide that such easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable television company damages the facilities of a public utility, it shall be solely responsible for the damages. This section shall not apply to those private easements granted to or obtained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission. Sht1: In the signature area, please change the “In witness whereof” paragraph to “In Witness Whereof, The Undersigned Owners has caused these presents to be signed this _________ Day of ____________, 2022. A.D. Sht1: Please add an acknowledgement for Long Bay Partners or Bonita Bay Properties. One for each owner. Sht1: You have Long Bay Partners and Mediterra South CDD in the beginning paragraph as owners and Bonita Bay Properties and CDD in the signature area. Is this correct? Sht1: Please add A.D. after all dates. Sht1: The County Commission Approval block should read “Regular Open Meeting”. Sht1: Please add the following County Attorney Approval block, COUNTY ATTORNEY THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS _____ DAY OF _______________, 2022, A.D. __________________________________ DEREK D. PERRY ASSISTANT COUNTY ATTORNEY Sht1: Please make all the underline blanks, one single line. There are some thick lines or doubled up lines in this sheet. Please fix. Sht1: Note #2, please change the word “Orientation” to “Bearings are ……. Sht1: For future reference, many of the above comments could have been copied by reviewing the latest recorded plat in the Collier County public records. Sht1: All Plats submitted for review are to be signed and sealed by the submitting Surveyor and Mapper whether preliminary or final. Correction Comment 2: Sht2: Informational note: You might need to give Tract R-2 a street name. Our addressing Dept will comment on this. Sht2: Please dash the centerline of Tract R-2. Sht2: 1) Please dash the PUE & TUE at the west end of Cortona Lane and Felicita Court that is within the plat boundary. 2) Should the north-south 15’ PUE be also labeled as a TUE? Or does the TUE just stop at the 15’ PUE line. Sht2: Please add the symbols at each end of L5 in the SW corner of the plat to the legend. Sht2&3: In the Standard Symbols Legend, please remove the double dashed line and “= R/W Line” as the right-of-way lines on the plat are supposed to be a solid line. Sht2&3: The data in the curve and line tables do not meet the minimum 0.10’ of an inch in height. All letters and numbers must be a minimum of one/tenth of an inch in height. Collier County Administrative Procedures Manual, Chapter 5, page 162. Sht2&3: Please change the definition of CUE in the standard abbreviations to County Utility Easement. Correction Comment 3: Sht3: Please add the missing dimensions in the S.W.E. and C.U.E. or anywhere else in Tract Q-2. Sht3: Please fix the PCP symbol at the north end of the centerline of Tract R-2. Sht3: Tract R-2, please remove the centerline and south right-of-way annotation arrows. You would only need arrows if you’re trying to define differences between many lines. Sht3: In details B, C & D, please remove the (??’ R/W) note from Livingston Road and also label the 15’ PUE. Correction Comment 4: Specific Purpose Survey: The application and Chapter 177.041(1) requires a Boundary Survey be submitted. The survey submitted is also missing a legend defining symbols. Rejected Review: Engineering Utilities Review Reviewed By: Joanna Nicholson Email: Joanna.Nicholson@CollierCountyFL.Gov Phone #: (239) 252-2538 Correction Comment 1: Rev 1 - Please add the OR Book and PG for the existing CUE over Celebrita Court and the roundabout. OR BOOK 3734 PG 484. Correction Comment 2: Rev 1 - UO 7.7.2 – Note on the plans that "all costs and expenses of any and all repairs, replacements, maintenance and restorations of aboveground improvements permitted within a CUE shall be the sole financial responsibility of the grantor, its successors or assigns." Note in the response letter where this note can be found. Rejected Review: Fire Review Reviewed By: Daniel Zunzunegui Email: Daniel.Zunzunegui@colliercountyfl.gov Phone #: (239) 252-2310 Correction Comment 1: Fire routing exhibit Please provide a vehicle tracking exhibit for fire apparatus in color, on its own dedicate page, enlarged, such that staff can make clear distinction between curbing, tire path, and swept path. Plan should be depicted clear and decipherable The turning radii throughout a fire access lane serving a building is required to be 25-feet inside and 49-feet outside and the turning radii shall be 25-feet inside and 45-feet outside for fire access lanes within large parking lots in accordance with Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 15-04. Fire Department access roads shall have an unobstructed width of not less than 20-feet. FFPC 7th ed. 1: 18.2.3.5.1.1 For the Vehicle Tracking Software please use the following specifications for Ladder 48; our largest apparatus. Pierce Quantum 105' Aerial Truck: Overall Length - 42'6" Axle Track - 82.92 in. Wheel Base - 255.25 in. Chassis Overhang - 82.44 in. Front Overhang - 101.44 in. Parameters: Inside Cramp Angle: 45.00 ° Axle Track: 82.92 in. Wheel Offset: 4.68 in. Tread Width: 16.60 in. Chassis Overhang: 82.44 in. Additional Bumper Depth: 19.00 in. Front Overhang: 101.44 in. Wheelbase: 255.25 in. Calculated Turning Radii: Inside Turn: 20 ft. 2 in. Curb to Curb: 36 ft. 5 in. Wall to Wall: 41 ft. 9 in. Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: Mark.Templeton@colliercountyfl.gov Phone #: (239) 252-2475 Correction Comment 1: Please create a separate layer for the plantings that are shown in the right of way and turn that layer off for this PPL submittal. Plantings in the right of way should only be shown on the plans submitted for the right of way permit. Correction Comment 2: Please provide a scale for the proposed change to code min. plan. Correction Comment 3: It appears that there is more than 30' between the existing Hong Kong orchids on the East side of the drive and the drive. Please add trees as necessary to fill the gap between the existing trees on the proposed change plan and the drive. Please also include any trees needed to meet the buffer requirement in the OPC and submit additional review/inspection fees as necessary. Correction Comment 4: Since the plan limits extend to Livingston Road, please extend the view of the proposed plan change to the East as necessary to show the existing trees and confirm that the maximum allowed 30' spacing between buffer trees is not exceed through the remainder of the plat limits extending to Livingston Rd and along Livingston Road within the plat limits. Correction Comment 5: The JVO shrubs don’t appear to be labeled on sheets LP-101 and LP 102 but these appear to be providing for the requirement of a single row hedge on the street side of the wall. Please label and spec these at min. 24" high. Correction Comment 6: If the intent for irrigation is to tie into existing, there is no need to provide irrigation plans. Just put a note on the landscape plans that the existing irrigation will be retrofitted as necessary to provide 100% coverage and separation of low and high-water use zones. Plans indicate that the code required plantings are located within existing irrigation zones so it appears that the irrigation plans can be removed from this application. Irrigation for the plantings in the right of way should only be shown on the plans submitted for the right of way permit. Rejected Review: Transportation Pathways Review Reviewed By: Alicia Humphries Email: Alicia.Humphries@colliercountyfl.gov Phone #: (239) 252-2326 Correction Comment 1: The proposed crosswalk adjacent to the roundabout shall be revised to special emphasis crosswalk marking. Correction Comment 2: Sheet CI-003, Signage & Pavement Marking notes A & B reference an out-of-date version of the FDOT Standard Plans. Please revise to reference the most current version. Correction Comment 3: Please provide a detail for the proposed crosswalk striping. Rejected Review: Transportation Planning Review Reviewed By: Cecilia Varga Email: Cecilia.Varga@colliercountyfl.gov Phone #: (239) 252-2613 Correction Comment 1: 08/29/2022 Comment: CC PROPOSED IMPROVEMENTS – sheet CW-101 (6 of 12), depict signing and pavement markings associated with CC proposed improvements, such that staff can evaluate the two-line works, site’s proposed fit against CC proposed improvements. Correction Comment 2: 08/29/2022 Comment: LANDSCAPE MAINTENANCE AGREEMENT – please acknowledge that the developer is aware of Landscape Maintenance Agreement being required for the proposed improvements in the public roadway ROW, including the brick paver hardscape. Correction Comment 3: 08/29/2022 Comment: STREET LIGHTING – it is currently unclear if the access point will be light, as either part of CC improvements or Mediterra improvements. If the case of the access point not being lit, please consider providing yellow retroflected painting on the median nose curbing amended by a MUTCD W6-1 “divided highway” sign. These measures will aid with visual guidance for entering vehicular traffic. Correction Comment 4: 08/29/2022 Comment: BRICK PAVER DETAIL “H” – sheet CS-501, (9 of 12), please label the sand setting bed as “1” sand setting bed” and depict the concrete retainers, as Type-F curbing, per ROW Standards, Detail Sheet 23 of 26. Correction Comment 5: 08/29/2022 Comment: ON-SITE ROUND ABOUT DESIGN – sheet CS-101, (8 of 12), since the previously compliant round about design, more specifically Celebrita approach splitter island getting shortened from a compliant 50’ length to a non-FDOT-compliant 33’ length, while adding an intersection conflict (at Celebrita Ct.), provide pavement markings to extend the leg approach median more toward the intersection, extending the gate island, and assign priority movements between the entering site traffic, possibly turning east on Celebrita Ct. and the site exiting traffic. Correction Comment 6: 08/29/2022 Comment: SIGHT DISTANCE TRIANGLES – landscape plans, sheet LP-100, (1 of 19), depict the sight distance triangles revised based on the vehicle stopped at the stop bar, not on the pedestrian crosswalk, thus depicting the pedestrian sidewalk incorporated in the sight distance triangles. Correction Comment 7: 08/29/2022 Comment: GATES TYPE (LABELING) – landscape plans and construction plans, amend gate type label to state that gates are equipped with EVAC. Correction Comment 8: 08/29/2022 Comment: FIRE ROUTING EXHIBIT – provide fire routing exhibit, using distinct colors for tire vs. carriage paths, based on the North Fire Collier Rescue Ladder 48 apparatus. Please refers to the following: •Provide swept path diagrams for the design vehicle for all turning movements. Develop travel paths using continuous smooth spline curve alignments representative of travel paths experienced in the field. •Provide a minimum 1.5-foot offset from the face of curb to the design vehicle’s tire track. •The swept path design vehicle is required to stay within the travel lane and is prohibited from encroaching on the outside gutter pan. •The truck trailer is allowed to cross over the inside curbing (verify and label Type-RA curbing) and mount the truck apron. (Jan. 1, 2022, FDM, Section 213.7.1, Modern Roundabouts/Design Vehicle Accommodation) Rejected Review: Zoning Review Reviewed By: Mark Morton Email: Mark.Morton@colliercountyfl.gov Phone #: (239) 252-2361 Correction Comment 1: Coversheet - this is a standalone PPL, therefore please remove PPL number reference. Rejected Review: GIS Review Reviewed By: William Fowler Email: William.Fowler@colliercountyfl.gov Phone #: (239) 252-2568 Correction Comment 1: Please provide a digital drawing file in State Plane NAD 83 feet Florida East coordinates. A DWG or DXF copy of the Final Subdivision Plat is a required submittal item for this petition; Please e-mail to CAD-Submittals@colliercountyfl.gov The following comments are informational and/or may include stipulations: ·When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. ·Should the applicant desire to schedule a Post Review Project Meeting to help facilitate resolution of any outstanding issues, please schedule through the assigned Planner. ·Pursuant to FS 125.022, should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. ·Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re- submittal must be made within 270 days of this letter. Stipulations: · Provide approved SFWMD ERP permit or modification prior to the preconstruction meeting. Stipulations: · A separate Right of Way permit is required. If you have any questions, please contact me at (239) 252-2905. Sincerely, Brett Rosenblum Principal Project Manager Growth Management Department HEX December 2, 2022 RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Merline Forgue From: MiceliSuzanne <Suzanne.Miceli@colliercountyfl.gov> Sent: Friday, November 18, 2022 1:49 PM To: Minutes and Records Cc: GMDZoningDivisionAds; Iross@stemicmarine.com; kellyj Subject: HEX Ad Request for 12/22 for Rapp Dock and Lifts 52 Southport CV (BD) PL20210002681 Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Ad Map.pdf Greetings, M&R, Attached is an Ad Request for PL20210002681 for the December 22"d HEX that needs to run on Friday, December 2, 2022. Thank you! Suzanne Miceli Operations Analyst Zoning Division suzanne.miceli@colliercounryfl.gov 239-252-7411 Collier County 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. 1 November 17, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2,2022,and furnish proof of publication to the attention of John Kelly, Planner II in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Authotized Designee signature for HEX Advertising PL20210002681 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104 to consider: PETITION NO.BD-PL20210002681—REQUEST FOR A 31.47-FOOT BOAT DOCK EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET FOR WATERWAYS GREATER THAN 60 FEET IN WIDTH,TO ALLOW CONSTRUCTION OF A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 51.47 FEET INTO A WATERWAY THAT IS 480 FEET WIDE. THE SUBJECT PROPERTY IS LOCATED AT 52 SOUTHPORT COVE ALSO KNOWN AS LOT 44, SOUTHPORT ON THE BAY UNIT TWO, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples,FL 34104. As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please 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 participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400, at least two(2) days prior to the meeting. Andrew W.J. Dickman,Esq.,AICP Chief Hearing Examiner Collier County,Florida _.B onita ._._ - _ - _-_ _--Beach Rp_.._.._.._ _...,______________-- li ay CT a tort i i,, _. Project _. j 1-4 4404 Location Pi°1111111k ..it. SA ii. , ____ 104, ) i. (---: pi 1 i V. 4 **hai ' a t• - ii:f '.-1-'- ' Adill 4 ,411.1 - -', illk UK Acct #323883 November 18, 2022 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Dear Legals: Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Thank you. Sincerely, Merline Forgue, Deputy Clerk P.O. #4500212968 November 17, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2,2022,and furnish proof of publication to the attention of John Kelly, Planner II in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Authorized Designee signature for HEX Advertising PL20210002681 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples, FL 34104 to consider: PETITION NO.BD-PL20210002681—REQUEST FOR A 31.47-FOOT BOAT DOCK EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET FOR WATERWAYS GREATER THAN 60 FEET IN WIDTH,TO ALLOW CONSTRUCTION OF A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 51.47 FEET INTO A WATERWAY THAT IS 480 FEET WIDE. THE SUBJECT PROPERTY IS LOCATED AT 52 SOUTHPORT COVE ALSO KNOWN AS LOT 44, SOUTHPORT ON THE BAY UNIT TWO, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples,FL 34104. As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please 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 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104, (239)252-2400, at least two(2) days prior to the meeting. Andrew W. J. Dickman, Esq.,AICP Chief Hearing Examiner Collier County, Florida Bonita __ ch RD e , ›_ _: lea _ �__ _— „s ? ,„.- - �` o _......_, Project / , . .} Location 6 ilr - ' 0 1 III 4 \ , f, -----,,,, \ II S ‘ • ,„„, ti,,,, ,Nor r votris\ cis- ____,.,:._ 44.111.01.011.11hr : 14,7" 1 ilw 4igptv44 f. " 4111W111111114,A 1 ! _.....- . ,1------\ 4 i i. Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, November 18, 2022 2:31 PM To: Merline Forgue Subject: RE: 02569310 RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Received and processing — please wait for proof Thanks! Public Notices Team Loca I i Q I •USA NETWORK Y 844-254-5287 From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Friday, November 18, 2022 1:02 PM To: NDN-Legals<legals@naplesnews.com> Subject:02569310 RAPP DOCK AND LIFTS 52 SOUTHPORT CV(BD) PL20210002681 Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Merline Forgue BMR&VAB Deputy Clerk I �`�cvtir(0%1� Office: 239-252-8411 1. Fax: 239-252-8408 a E-mail: Merline.Forgue@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County ter4<1: 3299 Tamiami Trail E, Suite#401 `��"�.m n tti Naples, FL 34112 www.CollierClerk.com i Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:26 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Ad # ND-GC10981804-01 I Proof Review for Naples Daily News' RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Attachments: ND-GC10981804-01.pdf Importance: High Follow Up Flag: Follow up Flag Status: Flagged External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 • Order Number= GCI0981804 • Ad Number = ND-GCI0981804-01 • Publication = Naples Daily News • Section = Main • Run Dates = 12/2 • Ad Size = 3x10 • Affidavit = 1 • Total Cost =1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds * LocaliQ I .NUSA ETWORK Y mfroimson[a�localiq.com 1 PL20210002681 Importance: High External Message: Please use caution when opening attachments, clicking links,or replying to this message. Good morning Merline— I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 • Order Number= GCI0981804 • Ad Number= ND-GCl0981804-01 • Publication = Naples Daily News • Section = Main • Run Dates = 12/2 • Ad Size = 3x10 • Affidavit = 1 • Total Cost =1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds * LocaliQ I •NUSA E WORKY mfroimsonCaulocaliq.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com 2 Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, November 29, 2022 3:59 PM To: Merline Forgue; RodriguezWanda; kelly_j; GMDZoningDivisionAds Cc: Minutes and Records; MiceliSuzanne Subject: RE: Ad # ND-GC10981804-01 I Proof Review for Naples Daily News' RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Attachments: RE: Ad # ND-GC10981804-01 I Proof Review for Naples Daily News' RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681; RE: Ad # ND-GC10981804-01 I Proof Review for Naples Daily News' RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 We have approval from planner and applicant. Andrew Youngblood, MBA Management Analyst I Zoning Division Co per County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.Youngblood(a�colliercountyfl.gov From: Merline Forgue<merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 8:37 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW:Ad # ND-GC10981804-01 I Proof Review for Naples Daily News I RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Importance: High 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. Ad proof is ready. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:26 AM To: Merline Forgue<merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject:Ad # ND-GC10981804-01 I Proof Review for Naples Daily Newsy RAPP DOCK AND LIFTS 52 SOUTHPORT CV(BD) 1 . . 7aples, . BIthI Nriui PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 COLLIER CO HEX 3299 TAMIAMI TRL E#700 NAPLES, FL 34112 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. 12/2/2022 T ' ... -- Subscribed and sworn to before on DECEMBER 2ND, 2022 • w. Notary, Coun of Brown ry Y My commission expires: �� U VICKY FELTY Notary Public State of Wisconsin PUBLICATION COST:$1,008.00 AD NO:GCI0981804 CUSTOMER NO:507876 PO#:RAPP DOC&LIFTS 52 SOUTHPORT CV PL20210002681 AD SIZE: DISPLAY AD W/MAP 3X10 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,December 22,2022,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples, FL 34104 to consider: PETITION NO. BD-PL20210002681 —REQUEST FOR A 31.47-FOOT BOAT DOCK EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET FOR WATERWAYS GREATER THAN 60 FEET IN WIDTH, TO ALLOW CONSTRUCTION OF A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 51.47 FEET INTO A WATERWAY THAT IS 480 FEET WIDE. THE SUBJECT PROPERTY IS LOCATED AT 52 SOUTHPORT COVE ALSO KNOWN AS LOT 44,SOUTHPORT ON THE BAY UNIT TWO, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. Bonita_ �],F are�oot Beach RD Bay CT • oo, Project 4) Location CO o l' f so, San • Cv • Fe SaDRat All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department,Zoning Division,2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please 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 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104,(239)252-2400,at least two(2)days prior to the meeting. Andrew W.J. Dickman, Esq.,AICP Chief Hearing Examiner Collier County, Florida ND-GCIo991,o4-o1 HEX December 2, 2022 Mediterra South East Entry- PL20210003207 November 18, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2, 2022 and furnish proof of publication to the attention of Sean Sammon, Principal Planner in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Authorized Designee signature for HEX Advertising PL20210003207 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples,FL 34104 to consider: PETITION NO.PDI-PL20210003207—REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN OF ORDINANCE NO. 01-61, AS AMENDED, THE MEDITERRA PLANNED UNIT DEVELOPMENT (PUD), TO RE-ESTABLISH THE ACCESS POINT TO VETERANS MEMORIAL BOULEVARD FROM THE ROUNDABOUT INTERSECTION OF GIARDINO LANE,CELEBRITA COURT,AND BUONASERA COURT,ALSO KNOWN AS TRACTS R AND Q, MEDITERRA PHASE THREE EAST, UNIT ONE SUBDIVISION, IN SECTION 12, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples,FL 34104. As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please 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 participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400,at least two(2) days prior to the meeting. Andrew W. J. Dickman, Esq.,AICP Chief Hearing Examiner Collier County,Florida Tre bio -----L 'I'alis ' ark D �1.A t '':_i\\\ Sa A volia g wgProject AY Location . . — Seneca .,. , - __-c w AY .---..,..______ ji) \ .4 7:: i Buonasera J--' Veterans Memor�ral Bi,VD 1 , ......"Kvo______I ...._.... a- N . Acct #323883 November 18, 2022 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PL20210003207 - MEDITERRA SOUTH EAST ENTRY Dear Legals: Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Thank you. Sincerely, Merline Forgue, Deputy Clerk P.O. #4500212968 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104 to consider: PETITION NO.PDI-PL20210003207—REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN OF ORDINANCE NO. 01-61, AS AMENDED, THE MEDITERRA PLANNED UNIT DEVELOPMENT (PUD), TO RE-ESTABLISH THE ACCESS POINT TO VETERANS MEMORIAL BOULEVARD FROM THE ROUNDABOUT INTERSECTION OF GIARDINO LANE,CELEBRITA COURT,AND BUONASERA COURT,ALSO KNOWN AS TRACTS R AND Q, MEDITERRA PHASE THREE EAST, UNIT ONE SUBDIVISION, IN SECTION 12, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples,FL 34104. As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such final action.Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please 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 participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400, at least two(2) days prior to the meeting. Andrew W.J. Dickman,Esq.,AICP Chief Hearing Examiner Collier County, Florida November 18, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2,2022 and furnish proof of publication to the attention of Sean Sammon,Principal Planner in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 -b.A Authorized Designee signature for HEX Advertising PL20210003207 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples, FL 34104 to consider: PETITION NO.PDI-PL20210003207—REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN OF ORDINANCE NO. 01-61, AS AMENDED, THE MEDITERRA PLANNED UNIT DEVELOPMENT (PUD), TO RE-ESTABLISH THE ACCESS POINT TO VETERANS MEMORIAL BOULEVARD FROM THE ROUNDABOUT INTERSECTION OF GIARDINO LANE,CELEBRITA COURT,AND BUONASERA COURT,ALSO KNOWN AS TRACTS R AND Q, MEDITERRA PHASE THREE EAST, UNIT ONE SUBDIVISION, IN SECTION 12, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been.approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please 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 participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104, (239)252-2400, at least two(2) days prior to the meeting. Andrew W. J. Dickman,Esq., AICP Chief Hearing Examiner Collier County, Florida L Talis ' ark D tifl Tr b' 'Y, Sa A (( \ Po,, a � Project Y ° Location Of .E .4 Seneca .� .: WAY ‘., \ Buonasera ...---7-4-- CT-'" I_ Veterans Memorial B-LVD 1 ' I 6 Merline Forgue From: Merline Forgue Sent: Friday, November 18, 2022 4:57 PM To: Naples Daily News Legals Subject: PL20210003207 - Mediterra South East Entry Attachments: PL20210003207 - Mediterra South East Entry.docx; PL20210003207 - Mediterra South East Entry.pdf; PL20210003207 - Mediterra South East Entry.docx Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Merline Forgue BMR&VAB Deputy Clerk I c`oL'l1 x.i4 ?, Office: 239-252-8411 `G Fax: 239-252-8408 C� A' a E-mail: Merline.Forgue@CollierClerk.com A Office of the Clerk of the Circuit Court * & Comptroller of Collier County 04• � 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, November 18, 2022 5:27 PM To: Merline Forgue Subject: RE: 02569849 PL20210003207 - Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Received and processing — please wait for proof Thanks! Public Notices Team Loca I i Q I •USA NETWORK Y 844-254-5287 From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Friday, November 18, 2022 3:57 PM To: NDN-Legals<legals@naplesnews.com> Subject:02569849 PL20210003207 - Mediterra South East Entry Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Merline Forgue BMR&VAB Deputy Clerk I Office: 239-252-8411 G1n Fax: 239-252-8408 a E-mail: Merline.Forgue@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County ` / L4��T 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:28 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Ad # ND-GC10981 81 1-01 I Proof Review for Naples Daily News' PL20210003207 - Mediterra South East Entry Attachments: ND-GC10981811-01.pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline— I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: PL20210003207 - Mediterra South East Entry • Order Number = GCI0981811 • Ad Number= ND-GCI0981811-01 • Publication = Naples Daily News • Section = Main • Run Dates = 12/2 • Ad Size = 3x10 • Affidavit = 1 • Total Cost =1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds * LocaliQ I •NUSA ETWORK Y mfroimsontlocaliq.com Mobile:508.315.3824 Seize your potential at LocaliQ.com 1 Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Tuesday, November 29, 2022 8:31 AM To: Merline Forgue Subject: Re:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News! PL20210003207 - Mediterra South East Entry Attachments: ND-GC10981811-01 (1).pdf Importance: High External Message: Please use caution when opening attachments, clicking links,or replying to this message. Good morning Merline, Here is the revised proof. Please let me know if you'd like any updates to your ad or if this is approved for publication. Thank you, Marita Froimson Account Coordinator SMB-Classifieds * LocaliQ I •USA NE WORKY mfroimson@localiq.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com From: Merline Forgue<merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 4:51 PM To: Froimson, Marita <MFroimson@localiq.com> Subject: RE:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207- Mediterra South East Entry Good afternoon, Please capitalize the entire title. Please send proof for approval when ready. 1 1 IVv 1 Roc Vr ruDLR.r ncAriira' Notice is hereby given that a public hewing will be held by the Collar Courtly Hearing Examiner (HE()at 9:00 A.M.,December 22,2022,it the Hearing Examiner's Meeting Room.at 2800 North Horseshoe[Drive.Room 609/610.Naples.FL 34104 to consider: Petition No. POI-PL20210001120T - Request for an insubstantial chape io the master plan of ordinance no. 01-61, as amended, the tmediterra planned unit development (pud), to re-establish the access point to veterans memorial boulevard from the roundabout intersection of giardrro lane,celebrita court,and buonasera court,also known as tracts R and Q,Mediterra Phase Three East,Unit One Subdivision,in Section 12,Township 48 South,Range 25 East,Collier County, Florida. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:28 AM To: Merline Forgue<merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganiegpubnotices4@gannett.com> Subject:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207- Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: PL20210003207 - Mediterra South East Entry • Order Number = GCI0981811 • Ad Number = ND-GCI0981811-01 • Publication = Naples Daily News • Section = Main • Run Dates = 12/2 • Ad Size = 3x10 • Affidavit = 1 • Total Cost =1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds 2 Merline Forgue From: Merline Forgue Sent: Monday, November 28, 2022 4:51 PM To: 'Froimson, Marita' Subject: RE: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News' PL20210003207 - Mediterra South East Entry Good afternoon, Please capitalize the entire title. Please send proof for approval when ready. lVV I II+C Vr r'VDLIL+ nmAr ll'1' I Notice is hereby given that a put : -earirg will be held by tl--Collier County Hearing Examiner {HEX)37 C1:00A.M..December 22,2022. n the Hearing Examiner's Meeting Room.at 2800 North -•rse,::136 r: G.Room GOc.k 51 C..N p F,. =L 34104 to consioer: Petition No. PDI-PL20210003207 - Request for an insubstantial change to the master plan of ordinance no. 01-61. as amended. the Mediterra planned unit development (pud). to re-establish the access point to veterans memorial boulevard from the roundabout intersection of giardino lane. celebrita court,and buonasera court. also known as tracts R and O. Mediterra Phase Three East. Unit One Subdivision,in Section 12,Township 48 South, Range 25 East,Collier County, Florida. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:28 AM To: Merline Forgue <merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline— I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: PL20210003207 - Mediterra South East Entry • Order Number = GCI0981811 • Ad Number= ND-GCI0981811-01 • Publication = Naples Daily News 1 Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Monday, November 28, 2022 4:43 PM To: Merline Forgue; RodriguezWanda; SammonSean; GMDZoningDivisionAds Subject: RE: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News' PL20210003207 - Mediterra South East Entry Please have NDN capitalize the entire title. Andrew Youngblood, MBA Management Analyst I Zoning Division Cott"1► er County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood(a�colliercountyfl.gov From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 8:41 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SammonSean <Sean.Sammon@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Subject: FW:Ad # ND-GC10981811-01 I Proof Review for Naples Daily Newsy PL20210003207- Mediterra South East Entry Importance: High 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. Ad proof is ready. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:28 AM To: Merline Forgue<merline.forgue@collierclerk.com> Cc:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Importance: High External Message. Please use caution when opening attachments, clicking links, or replying to this message. 1 Merline Forgue From: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Sent: Friday, November 18, 2022 4:42 PM To: Minutes and Records Cc: GMDZoningDivisionAds; MiceliSuzanne; SammonSean; bschleifer@m-da.com Subject: HEX Ad request for 12/22 for Mediterra South East Entry - PL20210003207 Attachments: Ad Request.docx; Revised 2 x 3 Ad Map.pdf; Signed Ad Request.pdf Greetings, M&R, Attached is an Ad Request for PL20210003207 for the December 22"d HEX that needs to run on December 2"d Thank you! Andrew Youngblood, MBA Management Analyst I Zoning Division Co der Comity 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood(a colliercountyfl.gov 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. 1 Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Wednesday, November 30, 2022 8:46 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Re:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News) PL20210003207 - Mediterra South East Entry External Message: Please use caution when opening attachments, clicking links, or replying to this message. Great -thanks for letting me know. Marita Froimson Account Coordinator SMB-Classifieds * LocaliQ I •NUSA ETWORK Y mfroimson@localiq.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com From: Merline Forgue<merline.forgue@collierclerk.com> Sent:Wednesday, November 30, 2022 8:29 AM To: Froimson, Marita <MFroimson@localiq.com> Subject: RE:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207- Mediterra South East Entry This ad has been approved. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent:Tuesday, November 29, 2022 8:31 AM To: Merline Forgue <merline.forgue@collierclerk.com> Subject: Re: Ad# ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207- Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline, i Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Wednesday, November 30, 2022 8:25 AM To: Merline Forgue; RodriguezWanda; GMDZoningDivisionAds; SammonSean Cc: Minutes and Records; MiceliSuzanne Subject: RE:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News' PL20210003207 - Mediterra South East Entry Attachments: RE: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News' PL20210003207 - Mediterra South East Entry; RE: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News' PL20210003207 - Mediterra South East Entry We have approval from planner and applicant. Andrew Youngblood, MBA Management Analyst I Zoning Division Colter County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngbloodAcolliercountyfl.gov From: Merline Forgue <merline.forgue@collierclerk.com> Sent:Tuesday, November 29, 2022 8:33 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; SammonSean <Sean.Sammon@colliercountyfl.gov> Subject: FW:Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207- Mediterra South East Entry Importance: High 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. Ad proof is ready. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent:Tuesday, November 29, 2022 8:31 AM To: Merline Forgue<merline.forgue@collierclerk.com> Subject: Re: Ad # ND-GCI0981811-01 I Proof Review for Naples Daily News' PL20210003207 - Mediterra South East Entry Importance: High 1 Dap1r Batei Trwø PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 COLLIER CO HEX 3299 TAMIAMI TRL E#700 NAPLES, FL 34112 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. 12/2/2022 a.r--- Subscribed and sworn to before on DECEMBER 2ND, 2022 C1.06 Notary,State of WI,Count of Brown My commission expires: 1(0 V I C KY F E LTY I/�I ] Notary Public State of Wisconsin PUBLICATION COST:$1,008.00 AD NO:GCI0981811 CUSTOMER NO: S07876 PO#:PL20210003207 MEDITERRA SOUTH EAST ENTRY AD SIZE: DISPLAY AD W/MAP 3X10 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,December 22,2022,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104 to consider: PETITION NO. PDI-PL20210003207 - REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN OF ORDINANCE NO. 01-61, AS AMENDED, THE MEDITERRA PLANNED UNIT DEVELOPMENT (PUD), TO RE-ESTABLISH THE ACCESS POINT TO VETERANS MEMORIAL BOULEVARD FROM THE ROUNDABOUT INTERSECTION OF GIARDINO LANE, CELEBRITA COURT, AND BUONASERA COURT,ALSO KNOWN AS TRACTS R AND Q, MEDITERRA PHASE THREE EAST, UNIT ONE SUBDIVISION, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. til Tails ark I . ` Tr �'�8'_4' -�� Say w°°� a } ? Project qy 4 Location 111 .a a Seneca a a WAY ;To SlBuonasja Veterans MMMerrwrcaH LVD All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department,Zoning Division, 2800 North Horseshoe Drive,Naples,FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action.Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non- party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within • 30 days of the decision.In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl. gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at(239)252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Ifyou are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Zoning Division located at 2800 N.Horseshoe Dr,Naples,Florida 34104,(239)252-2400,at least two(2) days prior to the meeting. Andrew W.J.Dickman,Esq.,AICP Chief Hearing Examiner Collier County,Florida ND.GG10901011.01 hIEX December 2, 2022 Mahogany Dr- PL20220003811 Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Wednesday, November 30, 2022 8:46 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Re: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News' HEX Ad request for Mahogany Dr - PL20220003811 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Perfect -thanks for letting me know. Marita Froimson Account Coordinator SMB-Classifieds LocaliQ I •USA NETWORKY mfroimson a(�.localiq.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com From: Merline Forgue <merline.forgue@collierclerk.com> Sent:Wednesday, November 30, 2022 8:33 AM To: Froimson, Marita <MFroimson@localiq.com> Subject: RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 This ad has been approved. Thank you! From: Froimson, Marita<MFroimson@localiq.com> Sent:Tuesday, November 29, 2022 8:31 AM To: Merline Forgue <merline.forgue@collierclerk.com> Subject: Re: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 Importance: High External Message Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline, Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Wednesday, November 30, 2022 8:30 AM To: Merline Forgue; GMDZoningDivisionAds; SammonSean Cc: Minutes and Records; MiceliSuzanne Subject: RE:Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsi HEX Ad request for Mahogany Dr- PL20220003811 Attachments: Re: FW:Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsi HEX Ad request for Mahogany Dr - PL20220003811; RE: Ad # ND-GC10981799-01 1 Proof Review for Naples Daily Newsi HEX Ad request for Mahogany Dr- PL20220003811 We have approval from planner and applicant. Andrew Youngblood, MBA Management Analyst I Zoning Division Co per COUnty 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngbloodCa�colliercountyfl.gov From: Merline Forgue<merline.forgue@collierclerk.com> Sent:Tuesday, November 29, 2022 8:37 AM To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>;SammonSean <Sean.Sammon@colliercountyfl.gov> Subject: FW:Ad # ND-GC10981799-01 1 Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 Importance: High 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. My apologies! © From: Froimson, Marita <MFroimson@localiq.com> Sent:Tuesday, November 29, 2022 8:31 AM To: Merline Forgue<merline.forgue@collierclerk.com> Subject: Re: Ad # ND-GC10981799-01 1 Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. 1 Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Tuesday, November 29, 2022 8:31 AM To: Merline Forgue Subject: Re:Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsi HEX Ad request for Mahogany Dr- PL20220003811 Attachments: ND-GC10981799-01 (1).pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline, Here is the revised proof. Please let me know if you'd like any updates to your ad or if this is approved for publication. Thank you, Marita Froimson Account Coordinator SMB-Classifieds * LocaliQ I •USA N TWORKY mfroimson@localiq.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 4:46 PM To: Froimson, Marita <MFroimson@localiq.com> Subject: RE:Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 Good afternoon, I have the following correction. Please fix the first line to read: "PETITION NO.VA-PL20220003811..." ...the "VA" is in the wrong place. Please send a proof when ready. 1 nukor I Roc it ruDLIL. rimmn1IVV1 Notice is hereby gvan that a public heanrg will be Mela by the Collier County Hearing Examiner 1HEX) at 9:00 A.M., December 22, 2022, r the Hear:rg Examiner':.' Meet'g noon.a:2800 North Horseshoe Drive. F=cn 609i610, Naales, FL 34104 to cons der PETITION NO. PL20220003811 VA - REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE:AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K. PINE RIDGE EXTENSION SUBDIVISION,ALSO KNOWN AS 89 MAHOGANY DR, NAPLES,FL 34108 IN SECTION Thank you: From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:23 AM To: Merline Forgue<merline.forgue@coliierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject:Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline— I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: HEX Ad request for Mahogany Dr- PL20220003811 • Order Number = GCI0981799 • Ad Number= ND-GCI0981799-01 • Publication = Naples Daily News • Section = Main • Run Dates = 12/2 • Ad Size = 3x10 • Affidavit = 1 • Total Cost =1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds 2 Merline Forgue From: Merline Forgue Sent: Monday, November 28, 2022 4:47 PM To: 'Froimson, Marita' Subject: RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News' HEX Ad request for Mahogany Dr - PL20220003811 Good afternoon, I have the following correction. Please fix the first line to read: "PETITION NO. VA-PL20220003811..." ...the "VA" is in the wrong place. Please send a proof when ready. IV'J I fCHrl11V47 \otice is hereby g.vari rat a :.olio hear-g w li De laic oy tra Collier County Hearing Examiner ;HEX) at 9:00 A.M., December 22, 2022. :r the Haar E - •c'n.a:2800 North Hors,_ .. Drive. moor)609/610. Naales c- --•_- PETITION NO. P120220003811 VA - REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE: AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7. BLOCK K. PINE RIDGE EXTENSION SUBDIVISION.ALSO KNOWN AS 89 MAHOGANY DR. NAPLES.FL 34108 IN SECTION Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:23 AM To: Merline Forgue<merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject:Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline— I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: HEX Ad request for Mahogany Dr- PL20220003811 1 Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Monday, November 28, 2022 4:42 PM To: Merline Forgue; RodriguezWanda; BradleyNancy; SammonSean; GMDZoningDivisionAds Subject: RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsi HEX Ad request for Mahogany Dr - PL20220003811 Have them fix the first line to read: "PETITION NO. VA-PL20220003811..." ...the "VA" is in the wrong place. Andrew Youngblood, MBA Management Analyst I Zoning Division Colter County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood(�colliercountyfl.gov From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 8:31 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>; SammonSean<Sean.Sammon@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov> Subject: FW: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 Importance: High This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Ad proof is ready. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:23 AM To: Merline Forgue<merline.forgue@collierclerk.com> Cc:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject:Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr- PL20220003811 Importance: High i Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:23 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Ad # ND-GC10981799-01 J Proof Review for Naples Daily Newsi HEX Ad request for Mahogany Dr- PL20220003811 Attachments: ND-GC10981799-01.pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline— I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: HEX Ad request for Mahogany Dr- PL20220003811 • Order Number = GCI0981799 • Ad Number= ND-GC10981799-01 • Publication = Naples Daily News • Section = Main • Run Dates = 12/2 • Ad Size = 3x10 • Affidavit = 1 • Total Cost =1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds * LocaliQ I •USA NETWORKY mfroimson(a�localiq.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com 1 Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, November 18, 2022 2:30 PM To: Merline Forgue Subject: RE: 02569308 HEX Ad request for Mahogany Dr- PL20220003811 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Received and processing - please wait for proof Thanks! Public Notices Team * LocaliQ I •USA NETWORKY 844-254-5287 From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Friday, November 18, 2022 12:55 PM To: NDN-Legals<legals@naplesnews.com> Subject:02569308 HEX Ad request for Mahogany Dr- PL20220003811 Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Merline Forgue BMR&VAB Deputy Clerk I sof(0L Office: 239-252-8411 4zw'L �`61, Fax: 239-252-8408 E-mail: Merline.Forgue@CollierClerk.com Office of the Clerk of the Circuit Court * * & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 -`"°.�� Naples, FL 34112 www.CollierClerk.com i Merline Forgue From: Merline Forgue Sent: Friday, November 18, 2022 1:55 PM To: Naples Daily News Legals Subject: HEX Ad request for Mahogany Dr - PL20220003811 Attachments: PL20220003811 MAHOGANY DR - (HEX 12-22).docx; Map - HEX Ad request for 12-22 for Mahogany Dr- PL20220003811.pdf; PL20220003811 - Mahogany Dr(HEX 12-22).docx Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Merline Forgue BMR&VAB Deputy Clerk I oo0, Office: 239-252-8411 Fax: 239 252 8408 a E-mail: Merline.Forgue@CollierClerk.com b Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 F, R`"`�,�.tti Naples, FL 34112 www.CollierClerk.com 1 Acct #323883 November 18, 2022 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: MAHOGANY DR - PL20220003811 (HEX 12/22) Dear Legals: Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Thank you. Sincerely, Merline Forgue, Deputy Clerk P.O. #4500212968 ,, Pro j e ct I .y Location •!' ..._ ...____ _sz._____.). , .._ ,. u) ' I 1 Eu •• - , . -; / v--- --_i 1 , ..,. , 1-- ',,.. _ — ,_ c a II 0 • 3 �j . al 1 Mahogan r, R �"~ o� / _ 1_ .„ CO 1' North ST ;..... �f CI1 , I Q __.. a� vier I m � � 1 \, Center ST _ C/ f \ i , � � NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples, FL 34104 to consider: PETITION NO. PL20220003811 VA — REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE; AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTENSION SUBDIVISION, ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples,FL 34104. As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please 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 participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400, at least two(2) days prior to the meeting. Andrew W.J. Dickman, Esq.,AICP Chief Hearing Examiner Collier County, Florida November 18, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2,2022 and furnish proof of publication to the attention of Sean Sammon, Planner Ill in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Authorized Designee signature for HEX Advertising PL20220003811 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples,FL 34104 to consider: PETITION NO. PL20220003811 VA — REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE; AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTENSION SUBDIVISION, ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples,FL 34104. As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please 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 participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400, at least two(2) days prior to the meeting. Andrew W. J. Dickman,Esq.,AICP Chief Hearing Examiner Collier County,Florida November 18, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2, 2022 and furnish proof of publication to the attention of Sean Sammon, Planner Ill in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Authorized Designee signature for HEX Advertising PL20220003811 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104 to consider: PETITION NO. PL20220003811 VA — REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE; AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTENSION SUBDIVISION, ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please 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 participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples, Florida 34104, (239)252-2400, at least two(2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County,Florida r E Project ' f F - .---1.-\/ Location I _co , 1 Ce1 Eu . 1 . I i �%` _/ o y 1 0 71\ (17,,'' jMahoganyl, R o f o t 11 / ,,, ...t __ _ ___ . -' North ST �� t, \ , p I LL r `'. \, m •- Center ST ca _ _rc o CD I 1 t %'A Yi �p O /r ti % ! J .'x Merline Forgue From: MiceliSuzanne <Suzanne.Miceli@colliercountyfl.gov> Sent: Friday, November 18, 2022 1:19 PM To: Minutes and Records Cc: GMDZoningDivisionAds; SammonSean; mcleanm123@gmail.com Subject: HEX Ad request for 12/22 for Mahogany Dr - PL20220003811 Attachments: Signed Ad Request.pdf; 2 x 3 Ad Map.pdf;Ad Request.docx Greetings, M&R, Attached is an Ad Request for PL20220003811 for the December 22"d HEX that needs to run on Friday, December 2, 2022 Thank you! Suzanne Miceli Operations Analyst I Zoning Division suzanne.miceli@colliercounryfl.gov 239-252-7411 Collier County 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. • Nap1c s Bkii1 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 COLLIER CO HEX 3299 TAMIAMI TRL E#700 NAPLES, FL 34112 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. 12/2/2022 Subscribed and sworn to before on DECEMBER 2ND, 2022 i 64 Notary, ate o I,Co ty of Br n My commission expires: 6I Itll cf " VICKY FELTY Notary Public State of Wisconsin PUBLICATION COST: $1,008.00 AD NO: GCI0981799 CUSTOMER NO:507876 PO#: MAHOGANY DR PL202200003811 An SIZF• DISPLAY AD W/MAP 3X10 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples, FL 34104 to consider: PETITION NO. VA-PL20220003811 - REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE; AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTENSION SUBDIVISION,ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SECTION 3,TOWNSHIP 49 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. 1 Project Location v //EuQenief hogany R r o 0 03 Y G North ST J •4; m w �_ •,� Center ST a C9 \ i /V All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division,2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues. For additional information about the meeting, please 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 participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N.Horseshoe Dr,Naples, Florida 34104,(239)252-2400,at least two(2)days prior to the meeting. Andrew W.J. Dickman, Esq.,AICP, Chief Hearing Examiner Collier County, Florida