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HEX Agenda 12/22/2022COLLIER COUNTY Collier County Hearing Examiner 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.Youn blg oodgCollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 1211412022 December 2022 Pledge of Allegiance 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 Other Business Public Comments Adjourn Collier County Hearing Examiner Page 2 Printed 1211412022 3.A.a r co =iev County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: DECEMBER 22, 2022 SUBJECT: BDE-PL20210002681, 52 SOUTHPORT COVE RAPP DOCK PROPERTY OWNER/APPLICANT: Robert and Jackie Rapp 52 Southport Cv. Naples, FL 34134 REQUESTED ACTION: AGENT: Michael T. Jones SteMic Marine Construction 16240 Old US 41 Fort Myers, FL 33912 The petitioner requests a 31.47-foot boat dock extension over the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow a boat docking facility that will protrude a total of 51.47 feet into a waterway that is 480± feet wide pursuant to Section 5.03.06.E.1 of the Collier County Land Development Code (LDC) for the benefit of the subject property. GEOGRAPHIC LOCATION: 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. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is homesteaded and located within Tract H, a residential component of the Lely Barefoot Beach Planned Unit Development (PUD), and comprises 0.31± acres with 152.59 feet of water frontage on Little Hickory Bay. The petitioner desires to replace the existing U- shaped dock facility, approved by means of CCPC Resolution No. 95-40 in 1995 and allowing a 36-foot protrusion, with a dock facility comprising a walkway leading to an 8-foot by 20-foot terminal platform with a boatlift on either end; the western lift will accommodate a 30.25-foot vessel and the eastern will accommodate a 23-foot vessel. (Continued on Page 3) BDE-PL20210002681; 52 Southport Cove - Rapp December 2, 2022 Page 1 of 8 Packet Pg. 3 ( deN-a oo :podmnoS Z ]Q8 L8 Z OO�Z Z d:Z 0 Z Z oZ oz�:podeN #qS: em t4:)e nV \ ` k° « :e § � / ; 999 � S �, �■ �L ¥ LU k � f A E ■ 1 2 ., jCft ■ � o � © & © Q � . � . 7 ■ ��§ o6% $ 3 � 00 CO (N 0 0 � � 0 � � % � � _ � E O � � � SDE #E20 10 0 6a\ 52 Southport Covc-Ra g December 2202 Page 208 PURPOSE/DESCRIPTION OF PROJECT (Continued from Page 1): The dock and vessel combination will protrude 51.47 feet from the Mean High -Water Line (MHWL), which also serves as the platted property line, into a waterway that is 480± feet wide. This BDE is requested to accommodate the desired vessel size, a meandering natural mangrove shoreline, and a platted 20-foot Conservation Easement that exists landward of the MHWL for which the Conservancy of Southwest Florida has provided a letter of no objection in keeping with an existing settlement agreement; see Attachment F. The proposed dock facility will be located within the required 15-foot side/riparian setbacks and has been designed so as not to affect the ingress or egress of neighboring dock facilities. SURROUNDING LAND USE & ZONING: North: Little Hickory Bay then Barefoot Boat Club, a marina with clubhouse, located within a Community Facility (CF) zoning district South: Southport Cove (Right -of -Way) then a single-family residence located within the Lely Barefoot Beach PUD East: A single-family residence located within the Lely Barefoot Beach PUD West: A single-family residence located within the Lely Barefoot Beach PUD Collier County GIS BDE-PL20210002681; 52 Southport Cove - Rapp December 2, 2022 Page 3 of 8 Packet Pg. 5 3.A.a ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The shoreline for this property contains mangroves. The proposed dock will be constructed waterward through the mangrove fringe. The access walkway will be 4 feet wide and constructed beyond the mangrove fringe parallel to the shoreline. Any additional impacts to mangroves will require written approval from the Florida Department of Environmental Protection (DEP). A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. The Submerged Resource Survey sheet page 5 of 8 indicates no seagrass has been observed within 200 feet of the proposed docking structure. The property contains a conservation easement just landward of the MHWL (OR Book 1756 PG 1358). A site visit revealed a portion of the conservation easement has been impacted; therefore, the applicant has provided a restoration plan to restore the area with native plant species. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The subject property is located within Tract H, a residential component, of the Lely Barefoot Beach PUD upon which a single-family residence exists. The proposed boat docking facility will replace the existing dock and comprises two slips, each with a boat lift. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) BDE-PL20210002681; 52 Southport Cove - Rapp Page 4 of 8 December 2, 2022 Packet Pg. 6 3.A.a Criterion met. The applicant's agent states: "If a dock were to be constructed at this location without the waterward extension, the water depths at the maximum distance out (20') would be -1.8 MLW at the outermost extent. With a boat lift installed, that depth would not be adequate to launch a 27' boat off of the boat lift cradle beams that are typically 10" tall. Even without a boat lift, the moored boat would be sitting on the bottom at an average low tide." Based upon the provided Cross-section, see Attachment A, staff concurs. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. The applicant's agent states that the proposed dock facility does not intrude into any marked or charted navigable channel, thus there will be no adverse impact on navigation. Further, the typical route of travel for boats is not marked and crosses approximately 258 feet from the proposed dock's point of maximum protrusion. As based upon the exhibits contained within Attachment A, staff concurs. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. As per the provided Boundary Survey, the subject waterway measures 480 feet, MHW to MHW; see Attachment B. The proposed boat dock facility will protrude 51.47 feet into said waterway as measured from the MHWL which also serves as the platted property line. The distance between the outermost portions of the proposed dock facility and the facility existing on the opposite shore is approximately 385 feet. As such, the dock facility will occupy 10.72 percent of the waterway and 80.47 percent of the waterway is open for navigational purposes. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant's agent states: "Use of the proposed dock would not impose on neighbors' use of their legal docks. Based upon January 2022 aerial available on the Collier County Property Appraiser's website, the neighbor to the northwest accesses the nearest lift by coming in straight into the shoreline, while the neighbor to the southwest has a lift that is oriented parallel to the shoreline and is used by personal watercraft, such as jet skis or kayaks. The distance between the neighbor's existing lift and the nearest proposed boatlift is over 65', which is a sufficient distance for ingress/egress into the neighbor's lift." Staff concurs and further notes that the required side yard/riparian setback is 15 feet; the provided site plans and survey reveal the proposed dock facility is setback 36.97 feet from the northwest side/riparian line and 44.18 from the southeast side/riparian line. See the Boundary Survey, Attachment B, for separation between dock facilities. BDE-PL20210002681; 52 Southport Cove - Rapp December 2, 2022 Page 5 of 8 Packet Pg. 7 3.A.a Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include the type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant's agent states: "Mangrove growth is well developed and extensive along the property's shoreline. The mangroves grow out into the waterway beyond the MHWL, as shown on the Boundary Survey, filling the area where a dock would be located if the maximum 20' waterway extension was enforced." Staff concurs and further notes that The Barefoot Beach Subdivision, in which the subject property is located, has a conservation easement that encumbers the entire subdivision's water frontage from 20' landward of the MHWL/property line. The conservation easement at the subject property contains (and protects) mangroves. This combined with the shallow water depths allows for constant recruitment of mangroves waterward of the easement as well. A letter of no objection has been obtained from the Conservancy of Southwest Florida concerning the conservation easement; see Attachment F. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The applicant's agent states: "The proposed dock facility does allow reasonable, safe, access to the vessels for loading/unloading and routine maintenance, without the use of excessive dock area not related to these functions. The structure is designed with two slips for recreational vessels to be maintained safely." It is staff s understanding that the terminal platform will be used for loading/unloading and routine maintenance functions and therefore concurs. 3. For single-family dock facilities, whether the length of the vessel or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The applicant provided vessel lengths of 27 feet and 20 feet for a total combination of 47 feet; however, the BD Application, Plans, and Survey all depict vessels of 30.25 feet and 23 feet LOA. For the purposes of this analysis, staff is using the larger vessel sizes. The applicant's shoreline measures 152.59 feet, as determined using the provided Boundary Survey, and the combined vessel length is 53.25 feet; therefore, the vessels would only occupy 34.9 percent of the waterfront if stacked end to end. BDE-PL20210002681; 52 Southport Cove - Rapp December 2, 2022 Page 6 of 8 Packet Pg. 8 3.A.a 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed dock has been designed within the designated riparian lines and is consistent with the existing docks along the subject shoreline. Additionally, as the subject property is located within the Coastal High Hazard Area, as per the Future Land Use Map (FLUM), most residences are constructed well above grade with the habitable area being over parking. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exist within 200 feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the sea -walled basin of Port of the Islands; the subject property is not located within Port of the Islands. Staff analysis finds this request complies with five of the five primary criteria and four of the six secondary criteria with the sixth criterion being not applicable. CONCURRENT LAND USE APPLICATIONS: Building Permit No. PRFH2O220732580 - issued on 09/20/2022 for the construction of a 3-story single-family residence, prior dwelling unit razed, current permit status is "Inspections Commenced." APPEAL OF BOAT DOCK EXTENSION: As to any boat dock extension 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 Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of 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. STAFF RECOMMENDATION: BDE-PL20210002681; 52 Southport Cove - Rapp December 2, 2022 Page 7 of 8 Packet Pg. 9 3.A.a Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BDE-PL20210002681, to allow the proposed dock facility depicted within the plans comprising Attachment A, with the following condition: 1. The restoration plantings must be installed and inspected by Collier County staff prior to issuance of a Certificate of Completion for the boat dock. Attachments: A. Site and Dock Plans B. Boundary Survey C. Plat — PB 16 PG 100-101 D. CCPC Resolution 95-40 E. Public Hearing Sign Posting F. Applicant's Backup, application, and supporting documents BDE-PL20210002681; 52 Southport Cove - Rapp December 2, 2022 Page 8 of 8 Packet Pg. 10 3.A.b RIPARIAN LINE EXHIBIT EXISTING DOCK AND -4 MLW / WALKWAY TO BE REMOVED 258' +/- TO THE TYPICAL ROUTE OF BOAT TRAFFIC -3 MLW / (DOES NOT APPEAR TO BE A MARKED CHANNEL) -2 MLW / / 36.97 ft -1 MLW 14.00 ft = S 1 MHW .. i2.00�rt Q `Q1X z4ft PROPOSED (P/L)IL NEW DOCK AND LIFTS MAN ROVES FLU O, e 30 20.00 ! s Fys'yJ,� \ 32. oft 51.47 ft A \ o u 18.1O ft ' .. A u 4.50 ft [ .00 Q a \MANGROVES 8.00.ft c c %r 1 ft / . 44.18 ft C 4.00 ft- .00 ft DISTANCE FROM MHW TO j� 12.00 ft' .. T0. RIPARI 4N .L1 "OUTER EXTENT OF THE BOAT. c '\ c \ Q NEW WALKWAY CONSTRUCTED \ \ IN THE SAME FOOTPRINT AS MANGROVES THE EXISTING WALKWAY. \ \ RIPARIAN LINE \ c � \ i 11,01 / c co/ v. FOOTAGE NS FQSF FRv4 T \ i - DOCK (TERMINAL PLATFORM) 160 SQ. FT. MFNT /�� MHW / z - WALKWAY BEYOND MHW 252 SQ. FT. \ \(P/L) S - WALKWAY IN THE CE 80 SQ. FT. �c - WALKWAY LANDWARD OF CE 6 SQ. FT. \ TOTAL SQUARE FOOTAGE 498 SQ. FT. MATERIALS TO BE USED: - 8" ROUND MARINE PILING WITH 2.5 C.C.A. TREATMENT - 2" X 8" ROUGH SAWN SOUTHERN YELLOW PINE WITH .60 C.C.A. TREATMENT - 2" X 6" PT DECKING OR I° X 6" WEAR DECK DECKING - FRAMING WILL BE SECURED USING 5/8" 305 STAINLESS STEEL BOLTS - DECKING WILL BE SECURED USING #10 X 3" 305 STAINLESS STEEL SCREWS EXHIBIT 8 BOAT DOCK EXTENSION PL20210002681 RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) IQ 10 IWAM r- albJOBADDRESS 52 SOUTHPORT COVE Wirt MMI Scope of Work: REMOVAL OF AN EXISTING DOCK Office 239-481-7143 AND CONSTRUCTION OF A NEW 8' X 20' Fax 239-481-3563 DOCK WITH A 4' x 84.5' WALKWAY. www.stemicmarine.com INCLUDES INSTALLATION OF TWO BOAT LIFTS. 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(ddeU - GAOO :podylnoS Z5 308 MZOOMOZ-ld : ZVOK) Sueld 4000 pue GIIS - d 1uauay3qjd :;uGwLjoejjV = - i r." sew OP aw ;'eioj y ; .E aid '99hIiW5 �+ilrtog '3no7 1�IOr}LL1T05 i5 Zk -= J '°'a"`"'a'° d ® r d ;kl $ jr ? 41 y yas tll _ t. film ���40���- €• i, �a..pp � � -!i Six xY�_.. y i 7 -1 j` w1 ] FIELDBOOK 191 PAGE 10 DATE 4-5-06 SECTION 6 TWP 48 S, RGE 25 E NORTH ARROW FOUNDATION LOCATION FIELDBOOK PAGE LEGEND ■ SET CONC. MON. W/CAP I.D.# 3553 LEGAL DESCRIPTION SET IRON PIN W/CAP I.D.#3553 0 FD. CONC. MON. W/CAP O FD. CONC. MON. ( AS PROVIDED BY CLIENT) Opp FD. IRON PIN O' ASSUMED ELEVATION This is a boundary survey of the following: Lot 44, Southport on R RECORBENCHDEDK the Ba Unit Two as recorded in Plat Book 16, Pages 100-101 M MEASURED Y� 9 CON'T REVERSE SIDE SCALE of the public records of Collier County, Florida. FINAL SURVEY DATE 1 "=30' Mean High Water Line per Plat Book 16, Pgs. 100 & 101, Collier Co., dated 4/16/1990 Lot 45 - Occupied 5/8"l No Set 1/2" I.P. / \ .NIS Benchmark is top of conc. �8 slab, El. 4.40' A0 NAVD88 `-,- 0I / t N / P.0 / / 5/8 / No It / / of 53 Curve Data / / / C7 / / R=280.0 / A // Arc=36.92 / / CH=36.90'R 36.85'M , CB=N27°06'23"W Update survey and locate MHW line, 8/8/18, see files for fieldwork. Added Detail 8/14/18 i u1 o� °111.0 Little Hickory Bay & Lifts 4x4\ N/�.`V ToR447 i LMon. set 11/2"-1-F20' Conservation Easement alum. decks Landward of Mean High � \ Water Typical o #52 h o' ` )VON" W,i'r 2 Story Res. N. \ 392 - /170 Elevated Set 1/2 I.P. 9q eti wood deck �8 �� Lot 44 5/8" Q� Spiral No Ld staircase Set 1/2" I.P. Generator _ platform o 0 \v ° N66 Pool Equip. Cantilevered A/C platform Ca� U\Idate boundary survey and show proposed dock & lifts 8/6/21, see files for fieldwork. Located elevated decks 12/26/18, see files for fieldwork. Staked Conservation Easement 8/22/18, see files for fieldwork Lot 43 - Occupied i S 9 ATF. CF y4I,,ptiQ Additional information added 12/17/21, see sheet 2 of 2 NOTES PANEL NO DATED CERTIFICATE 1. REPRODUCTION OF THIS SKETCH IS NOT VALID UNLESS SEALED I hereby certify that the above described property was surveyed WITH AN EMBOSSED SURVEYOR'S SEAL. under my direction and the sketch of survey is true and correct 2. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS- to the best of my knowledge. This survey meets or exceeds OF -WAY, AND OR OWNERSHIP WERE FURNISHED THIS SURVEYOR the standards of practice set forth by the Florida Board of Land EXCEPT AS SHOWN. Surveyors, pursuant to Rule 5J-17 Florida Administrative 3. NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE Code, and pursuant to Section 472.027 Florida Statutes. There BEEN LOCATED EXCEPT AS NOTED. are no visible encroachments other than those shown hereon. 4. BEARINGS SHOWN HEREON ARE BASED ON Digitally signed by Mark Centerline Southport Cove being N30°53'03"W Mark O. Allen O. Allen Date: 2021.12.23 20:29:19 5. THIS PROPERTY LIES IN FLOOD ZONEAE EL 9 NAVD88 PER F.I.R.M. 12021C 0179H -05'00' P.L.S. 5116/2012 6. LAST DATE OF FIELDWORK 4-4-06.8/8/18,8/22/18,12/26/18,8/6/21 MARK O. ALLEN P.L.S. #3553 7. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. LB #6558 MARK O. ALLEN, INC. FAX: (239) 992-6070 10602 WOODS CIRCLE TELE: (239) 992-8900 PROFESSIONAL LAND SURVEYOR BONITA SPRINGS, FL 34135 DWN. BY CHK'D BY ORDERED BY SHEET 1 OF 2 SMA I I Robert & Jackie Rapp DWG. No. 2006-127 PackE \ Mean High Water Line per Plat Book i6, Pgs. 100 & 101, Collier Co., dated 4/16/1990 \ a0 o EQOc9 m� 5/8 a Existino.dg & Liff Dock h� No I.d 7 Set 1/2"I.P. �L ryti. \ A. 20' yo A- Arc APPROX= Approximate ASPH- Asphalt AVE= Avenue BLVD- Boulevard B.M= Benchmark Cy= Centerline CH= Chord CALC= Calculated C.B= Chord Bearing CBS= Concrete Block Structure C&GS Coastal and Geodetic Survey CHK'D= Checked CMP= Corrigated Metal Pipe CO= County CONC- Concrete COR= Corner CT= Court D.E= Drainage Easement Desc= Description D.H= Drill Hole DWN= Drawn EL or ELEV= Elevation EOP= Edge of Pavement -3 \ � 2so Wej�O N,. oadolChen'ol � \ Little Hickory Bay \ Proposed T Dock & Lifts O / 0� l2 d ^ryo l 4 QR"od4a lg ^ rvation Easement `dwar f Mean High Water ical oOo� Elevated wood deck Lot 44 5/8' Spiral No I.d \ staircase Set 1/2" I.P. \\ \ \ \ SCALE \� 9 "=40' APPENDIX A LEGEND OF ABBREVIATIONS EOW= Edge of Water P.O.B= Point of Begininng FB- Fieldbook P.O.C= Point of Commencement FD= Found P.O.L= Point on Line FLA= Florida PROP= Property IP= Iron Pin P.T= Point of Tangency LN= Lane PUE= Public Utility Easement M= Measured R- Record or Radius M.E= Maintenance Easement RAD- Radius MH= Manhole RCP- Reinforced Concrete Pipe MHW= Mean High Water RD- Road MON= Monument RDL= Radial N/A= Not Applicable RES= Residence NGVD= National Geodetic Vertical Datum RLS= Registered Land Surveyor NO= Number R.O.W= Right of Way O.R Book= Official Record Book R or RGE= Range ORIG= Original SEC- Section O/S= Offset ST= Street P.B= Plat Book STY= Story P.C= Point of Curvature TOB= Top of Bank PG= Page T.U.E. = Technology Utility Easement P.1= Point of Intersection TYP= Typical PLS= Professional Land Surveyor T Tor WP= Township R= Property Line UE= Utility Easement PLS= Professional Land Surveyor W/= With A= Delta or Benchmark D23= Fire Hydrant SHEET 2 OF 2 DWG. NO. 2006-127 PackE (dd.U--.0 Vodgjn S ZS 309 LSOZ000LZOZld m ZVOIZ) LO✓OOL'Jd SL Sd-Wid-3IuewyaeLltl �LuewyaeNy V) c a p a mall Nip A o �Rp I Z Lim Him s a ! m mrqq list! OR ! m �ig 11Q& �� �� ! as g ��3 �Iaa§�s'1� Asa all , r I I 61 Wa m�I ON H �Ni�R� �� �� yIA 11APP ill 3 " o!I3 laIAn,Ins ia� Si_ xS lb w d sb g vo Eli MOM o Z �����s"s��"�'n �� � ■ � o , 4 � �ga �� �mw kW � I � �8w• 2W 8 g5 � 6 O �m 111 �� lag_ •sa s €1 Mmays.s lip v 3as11 N �� s 3P 11 �m > m5z Y 4 va MIJ s s £1� 21 "'" %NAM, w t ! a e� 9 ;� z� I ms ��� Man L°.ov� qjo •aN.,<5,5- ..... 1 S 11 �I 1 i ! I� e i pp ems A W Z a Ni (ddey - anon yoftnog z93U9 L99Z000LZOnd: ZMZ) LOL-OOL Od% 8d- 181d-3luawyoellA :IuewyoellA 8 f71 a a H Q 'aR«mAA � d F- i '!m - ompA, ��-nnnnwmnn.�,.wow wwmm�g cWi .omn W e"�N6�Wnemm:mon""-�n8 c p 0880 9S Ag,A wnww-.S�m.,w.mw�%owm VE BAY, UNIT ONE - SOU-�HPOR� ', 15 µPA�Es PEAT 6a CCPC RESOLUTION NO. 95-40 RELATING TO PETITION NUMBER BD-95-17 FOR AN EXTENSION OF A BOAT DOCK ON PROPERTY HEREINAFTER DESCRIBED 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 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and _ WHEREAS, the Collier County Planning Commission, being the duly elected and constituted Planr4ng Commission for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 16-foot extension of a boat dock from the required 20 feet to allow for a 36-foot "U"-shaped boat dock facility as shown on attached plot plan, Exhibit "A", in a "PUD" zone 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 Section 2.6.21. of the Collier County Land Development Code; and WHEREAS, all interested parties have been given the 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: The petition filed by Ben Nelson, Jr., of Nelson Marine Construction, Inc., representing Fritz Traugott, with respect to the property hereinafter described as: Lot 44, Southport on the Bay, Unit 2, as recorded in Plat Book 16, Pages 100-101, of the Public Records of Collier County, Florida 1 Packet Pg. 19 be and the same is hereby approved for a 16-foot extension of a boat dock from the required 20 feet to allow for a 36-foot "U"-shaped boat dock facility as shown on attached plot plan, Exhibit "A", in the "PUD" zoning district wherein said property is located, subject to the following conditions: " 1. All docks, or mooring pilings, whichever protrudes the greater into the water, regardless of length shall have reflectors and house numbers four (4) inches minimum size installed at the outermost end on both sides. 2. In order to address the protection of manatees, one (1) "Manatee Alert" sign shall be permanently affixed to the pilings and shall be visible from the waterway. 3. Permits or letters of exemption from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be presented prior to issuance of a building permit. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number BD-95-17 be recorded in the minutes of this Commission and filed th the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this 5th day of October , 1995. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA 14 G RU SELL A. PRIDDY ICE -CHAIRMAN ZSATS VI CENT A. CAUTERO EXECUTIVE SECRETARY COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: JL1 OdUO—R M. STUDENT ASSISTANT COUNTY ATTORNEY BD RESOLUTION/15315 a a d 0 tU r- O a s 3 O w N N w 0 m co W N O 0 0 N O N J a N I* O e .N.. Packet Pg. 20 APPLICATION DATE 10/27/95 OWNER- TRA000TT9FRITZ 52 SOUTHPORT COVE NAPLES r v ,l, 1. i Y � h Tf� AND 4 1 PERMIT NUMBEF a 950011947 a c� a� 0 U CONTRACTOR- o NELSON MARINE CONSTRUCTION,INC 0 10900 Ea TERRY ST. S.E. 3 FL 339230000 BONITA SPRINGS FL 33923(v0)0 N LO 941/992-4443 w PROJECT NAME -DOCK & LIFT/BROTHERS ELECTRIC JOB ADDRESS- 52 SOUTHPORT COVE GEN LOCATION -NORTH NAPLES SUBDIVISION-SOUTHPORT ON THE SAY SECTION- 5 TWP-48 RANGE-25 MAP/AREA- LEGAL PERMIT TYPE- DOCK & DAVITS COST OF CONSTRUCTION- :�;119210 0 m T 00 to N FOLIO 0- 74435010109 c TRACT-000 BLK- LOT/PARCEL- 44 UNIT- 0 2 N J a N APPROVAL DATE-10/27/95 CONTACT PERSON -BEN CONTACT PHONE '4- 992-4443 Ur, The above application has been e d and is hereby approved subject to the pa ent of $ , as provided by the Collier Co B ode and Ordinances. y' Payment Received by: Date Issued. Lr Receipt No. 0 tJ Per Collier County Ordinance No. 95-16, as amended, all work under the approved building permit shall comply with a. applicable laws, codes, ordinances and additional stipulations and/or Conditions of Permit. The approved permit expires i work authorized is not commenced within six (6) months from date of issue as evidenced by the successful completion of th foundation inspections as stated in Ordinance No. 95-16 103.6.1.1b., as amended. Fee Resolution No. 93-366 T) provide for additional fees for failing to obtain permits prior to commencing construction. The permittee further understands thz only licensed contractors may be employed and that the structure shall n t be used or occUl2ie until a Certificate c Occupancy is issued. - / ) // '-f — Signature of Contracto '////!�/ eZF. ' F NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to t u Q property that maybe found in the public records of this county, and there maybe additional permits required fror other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A T NOTICE OF COMMENCEMENT MAY RESULT IN YOUI PAYING TWICE FOR IMPROVEMENTS TO YOUI white cwstmer PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, YeRow Pi& Records R CONSULT WITH YOUR LENDER ORAN ATTORN Pink - ProperryApprauer Packet Pg. 21 Bold Lobby lie RECORDING YOUR NOTICE OF COMMENCEM Rw/691 Z5 3a8 MZ00UZOZId ZVOVZ) OV-96 uoi}nioseN OdOO - Q }uewLioeuv :;u9wg3euv Q Lij W li U D H Cl) o�N Tam f W -' it O it !-�0 a ti z LL S tl Ln O~ Lu J Er woa J O U It ti It o0 it WA tt f D li r ;J j ii s- 11 CO P 4 v it C1 i) it 0 W it ri, R t1 it w it ! n (� ti It it T it -j u it f ec. it it m U) _Y ;.n s.1 w r„ - >. ee •e LO Q o J ' E 'ti EXPRESS APPLICATION FOR BUILDING PERMIT �✓ C',OLLIER COUNTY FLORIDA • (813) 643-8400 Props y ID#i0/0? Application Date Aiproved Date CSA _ 301 Construction Trailer _ 308 Fences _ 320 Screen Enclosure 1 & 2 Family _ 334 Tems — 300 A/C Replacement _ 332 Fireplace — 321 Seawall _ 333 Wood Deck 339 Awning _ 309 Fire Suppression Systems — 322 Septic Tanks _ 337 Screen Room WNbryl _ 345 Carport 1 & 2 Fafthi Panroof — 336 Flagpole 323 Server Tap windows _ 308 Chickens — 338 Interior Partition 343 Siding _ 800 wells _ 310 Combust Liquid Storage Tank _ 311 Lawn Sprinkler _ 324 Signs _ 347 Tenant Separation 302 Dock & Davits 1 & 2 Family _ 341 Pilings _ 342 Slab WaWRrewall 303 Demolition _ 330 Plumbing Repair/Modifications _ 335 Siding Glass Doors/Windows 331 Site Improvement _ 304 Driveways _ 314 Propane Gas Tanks — 325 Solar Heat (Tennis Courts. Parking _ 312 Ebchical WorklMinor _ 315 Refrigeration _ 326 Storage Sheds Residential Lots, landscaping) 305 Exhaust Hood System _ 316 Retool _ 327 Swimming Pool 1 & 2 Family _ 344 Exterior WaIDAheration _--_ 319 Satellite Dish _ 328 Temp. Electric Poles Other — 307 Fire Alarms RESIDENTIAL-USE/OCC CODE NONRESIDENTIAL-USE/OCC CODE 998 Express Residential Other 999 Express NonFlesidential other Specify: Specify: 328 Other Residential Buildings 528 Other NonResidential Buildings 329 Sheds/Carport-1 & 2 Family Structures other than Buildings Cooler/Freezer/Shed Specify_ Pool/Seawall/Dock/Fence 529 Structures other than Buildings Specify: �*z_� _ram Fence/Dish/Pool/Seawall/Dock/rank Tower/ �� *� Roof Structure Specify: Construction AddNs TyEi Property Owner of Record A) S Address U Section _ Township Range o Map/Area City Star Zip 31 Block LoV/PPP���' �ircel Unit a Tract Job Represen ative �� General Location: V 2 3 4 5 6 7 8 9 11 12 Phone No. Jff ?L ov1 4L H GPIN ZONING V Contracted Value of Improvement/Construction JY-e�-a�00 Subdivision WARNING - WORK IN COUNTY RIGHT OF WAY This permit does not authorize construction or installation of any structure or utility, above or below ground, within any right-of-way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such Improvements are necessary, a separate permit for that purpose must be obtained from Project Review Services (643-8471). 100 Footings _ 200 Plumbing Rough _ 127 Elevation Certificate REVIEWED FOR CODE _ lM Slab _ 204 Final Plumbing 900 Marco Fire Dept. COMPLIANCE COUNTY DEPTS. 104 Tie Beam - 300 Mechanical Rough A/C _ 901 East Naples Fire Dept. IT Tin Tab _ 3D7 Final Mechanical AIC _ 902 North Naples Fire Dept. 11 ' Data 1pB Fremrlq _ 115 Final Building _903 Golden Gate Fire Dept EZoning/Bullding—� %C>` l S�',u��•,,� 501 Electric Rough _ 111 Final Roof _904 Little Hkkory•Bonita Shore AUL11tlesr _502 Final Electric _ 400 Rough Gas _905 Ochopee Fire Dept. Fire $ �203 Sewer Tap _ 401 Final Gas _906 lmmokalee Microfilm S 110 Tie Dawn _ 800 Right of Way _ 907 Big Corkscrew BCAI S 619 Poilubon Control Sot Storm Water Montt. .•_811 Site Improvement 700 Pool Steel & Ground 122 Spot Surveil • 10 days - 702 Deck TOTAL PERMIT FEE 701 Final Pool _ 99 Notice of Commencement 205 Irrigation 503 Service Charge Florida Statute #837.06 - False Official Statements Law states that: "Whoever knowingly makes false statement in writing with the intent to mislead a public servant ' the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term.' Florida Statute #837.012 - Perjury when not in an official proceeding states that: Whoever makes a false statement, which he does not believe to be true, der oath, not in an official proceeding, in regard to any material matter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083." Florida Statute #92.525b(2) "Under penalty of perjury, I declare that I have read she foregoing statements and that the facts stated in it are true." In Accordance with the exemption statutory defined by Florida Statute 489.103 (7) : Owners of property when acting as their own contractor and providing all material supervision themselves, when building or improving farm buildings or one -family or two family resiences on such property for the occupaoey or use f such owners sad not offered for sale. In nn aeries brought under this part act, proof of the sale or lease, or offering for sale or ]ease, of more than one such elroemre byy the oastt/builder within one year rise c_mpleri n, of am is stints facia presumy�ive evidence that the construction was undertaken for purposes of Gale or leaf e. Th' •h• d t who is emotovSd hy�a�h ow and wt.O seta in the capacity of e STATE -REGISTRATION NO. (If contractor) Le J 'Al CARD NO. 6 �) S CIAL SECURITY # (If owner/builder) Contracto dress ity State_ ;EL Zip Code 317 3 Signature _ Date ��— FLORIDA SHORT -FORM INDIVIDUAL /CKNOWLEDGMENT (F.S. 695.254) STATE OF FLORIDA The foregoing instrument was acknowledged before me this 14- Ss — (elate) COUNTY OF LE— by SE A) ?3bSd"A- YR . who is personally known to mew (Name of person aGmtpMedoin[gl' W /t (Type of IderNfxatlon) LIN 'A 1. SCHOt 77 as IdentlNcation and who did/did not take an oath. Notary PubtiC. State d F iorida My Comm. AExpires Sept. $ 1998 p No. CC 3e8s .0 Scrided Thru effifilli Qgrip 6rrrt Notary Public, Commission No. (Signature) L/IJDRTD�TZ (SEAL ABOVE) (Name of Notary typed, printed or stamped) Rev. Jan.1995 PERMIT NO. Packet Pg. 23 a CL d 0 U T= O Q s 7 O fin N in W 0 m to N 0 0 0 04 0 N (L v 0 v 0e PAGE 2 OF 3 PERMIT NUMBER: 3 A APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA 813-643-8400 The approved permit and/or permit application expires if not commenced within six (6) months from date of issuance. The permit or application fee wil! be four times the amount of the permit fee, if work is staned without an approved permit. The permittee further understands that only licensed contractors may be employed and that the structure shall not be used or occupied until a certificate of occupancy is issued. By signing this permit application, I agree that I have been retained by the owner/permittee to provide contracting services for the trade for which 1 am listed. furthermore, it is my responsibility to notify the Customer Service section of the Building Review and Permitting Department should I no longer be the contractor responsible for providing said contracting services. I further swear that I understand that the review and issuing of this permit does not exempt me from complying with all county codes and ordinances. It is further understood that the property owner/permittee is the owner of the permit. Florida Statute #837.06 - False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to maximum of $500.00 and/or maximum of a sixty day jail term." Florida Statute #837.012 - Perjury when not in an official proceeding states that: Q- Q "Whoever makes a false statement, which he does not believe to be we, under oath, not in an official proceeding, in regard to any material matter shall be M guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. d Florida Statute 892.525b(2) G U "Under penalty of perjury, I declare that I have read the foregoing owner -building residential statement and that the facts stated in it are true." t! 0 Q General Contractor: J"rR lNC� d6lkS T P)State Registration No: Card Notvq.-) S ri Address: 09 C-Ir-ERK t{ T City: S. State: F L Zip Code;3 i 0 U); Signature: Qualifier Name Printed: SEA) A)ELS61s "Te fl, Ln w . Owner/Builder SSJ1 Date: m NOTARY as to Contractor... �"� ✓ L/dJ 06� f x/!0� T}� LINDA J, SCHOI.TZ 00 tto My Commission Expires..... J d MNCortry Public.S State of Rorida 9 �f.9� 3 r P Sept. A 199E o o No. CC 388350 Bofuled N Electrical: ZROWLIS TM, (official Kohirq $rrglc �C • (D S F State Registration No: i_ R 3? Card No.�y1 m/ N a Address: } .` fts&z DR, City: j3 . S . State:l, v Signature: Qualifier Name Printed L*S6F— }40at.Le- N Owner,Builder SS# PM40Q)IR�[pt�/ �LdWJ(/ Date: JO — 2 3- may S o� NOTARY as to Contractor.. 2 �/,%Z/LQ cI LINDA J. SCHOU is �/ C�il� Lr �Dn T Notary Public, Stale of Ro!L = c My Commission Expires.... !7 v ��q0 MyComm.ExpiresSept.g tggf 0 No, CC 388350 Banded Thru official Ngtarg beratrr u0i Plumbing: State Registration No: Card No. ) Address: City: State: a Signature: Qualifier Name Printed: U v Owner/Builder SS# Date: � NOTARY as to Contractor... c °' E My Commission Expires..... s Q A/C Mechanical: State Registration No: Card No. d Address: City: State: E Signature: Qualifier Name Printed: u Q Owner/Builder SS# Date: NOTARY as to Contractor... My Commission Expires..... Roofing: State Registration No:_ Address: City: Signature: Qualifier Name Printed: Owner/Builder SS// Date:_ NOTARY as to Contractor... My Commission Expires Card No._ State: Packet Pg. 24 .. ... .rrvn-�. n.- «Mr:•ePnY3i7+ril�seC.��T.. ..—•••.•-r: . 4' scale:1"-7.5' LITTLE HICKORY BAY l3oo'•vr'^ vcr•vrs? Iloilo cvrr"nt in ,�ardge body of water 17S' to channel r I f I+ 70'1- 1 am 36 ..._ , — 1 4'- 1 I'I' Boat lift .Y -3.0 II II mhw-I -4.0 1 t rn N 4 •3 0 � il' + m r 4 ' coo + N r p ,3 �I mhr•I ' N 0 r N 20' J a N 152' o I 4' ! o� !J M !'136' *- o _3 o 52 SouthPort Cove .- fU lot 44 V -- __ .120''--- by Owner:Trougott Purpose: Dock & Lift Ad jocent properlry uwrmr,-w EXHIBIT + a U tU f r NORTH Q scale:!"-30` + £ ff s S SNe Ison _ a MARINE CONSTRUCTION'.INC:' In Le_I y BT0-r:ef oat "" a County of: o" '1:I i e r - =:`x� -: k; ,�y ,• [�:E`` ',( yy8 {i¢� Packet Pg. 25 - anon :podypnoS Z5 3a8 MZ00MOZ-1d ZtOtiZ) 0-P-56 uoi;njosat{ 3d:D0 - (3 IU8WLI3BRy :;uaulyoeIIV V �• aL > C M m- CL OZ:,.+m b-.J O-C D a 2 N C C m 0\ w O O m p m �L'. -.: -, ,• V' L T ✓ d 2 C) m 1 1 O W� y� N q . 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C Hum - amo -r L-L�+' L brm wm Imo-L►-n-mm mb -L-o O C O L C C C Y O O G Y m m w L O O L m c -occ� Wu-s.-r p W J V W - W JJ J C O 201---ZY-timOUJ-OmL01--W ZH V�m SmmC TL 2� IL 0• Q L0aW n R H Q p cJ ri .i Id 'd r: Ld - a: o n a d cn h z m N ON µ1tEa of W •moo-.�i (�1/ let, µEN tNE pip 1cz oN�.�yVeliZo�ox pppPPS�SNOgN 014 93 p$� / ¢: �%ol �ti fp 2 EE c t / ui i 0 EASTEa R 1 . =*=x 2xIL 5 69 11Oµ0µMA O �4�c�c��c� � / U �Wm CO NO µ 20, JOE .tE0 OF TOP OF BA S35'4f'09'E 58. 5!'(M i - S'355 50' 35' 59. 02' (N) I Q24 �l(1 a �~U n I1vIV td V 4J (j-, U)a o V a o ,z a \ (N),Z5'S11 N.EO,ES.OEN ONIBY39 d0 SISY9 27. 6' , z oW o 6 '02 a o .0 '9E a iQ � Uy OI � O O1 9 I •0 'il .2 _NI _ _ _ _ _ _ _ _ _ _ _ _ _ — _ _ _. _ _ _ I (N).69 W9 MAIPJ-9WEN O 0 �i H31159 A371YA ,F/M z`� 11YNdSY ,00 2 (N 9 d),69'00 N.E0,E9.0EN MIN 1333 09) -9Aof IHOdl4inos C3 to a� i 0 2 C24 Ix tpi V i = r qj I i.b m O U O Q t 3 O N LC) W m r O O N O O O r N O N J a N O N Packet Pg. 27 3.A.f KellyJohn From: KellyJohn Sent: Friday, December 2, 2022 4:54 PM To: KellyJohn Subject: BDE-PL20210002681 - 52 Southport Cove - Public Hearing Sign Posted on 12/02/2022 Attachments: BE1 C95B4-C4FF-4229-ABF1-89310CFE51 A9 jpeg; 85661 C26-39CO-4A57- AAD1-OF160EF4ECAEjpeg;B289167C-A270-4E95-AE10-89C4A41OF222jpeg I, John Kelly, personally posted a Public Hearing Sign for the above referenced petition, scheduled for hearing by the Hearing Examiner on December 22, 2022, at approximately 12:45PM this date. Said sign was posted to the front of the subject property, immediately adjacent to the public right-of-way, as evidenced by the attached photos. Respectfully, John Keffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.IV/CollierZonin� M Co Ier County Growth Management Department 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. a a �a a� 0 U 1` 0 a t 0 U) N LO w 0 m 0 W N O 0 0 V_ N 0 N J a N le O N 1 Packet Pg. 28 - �1 a a �a a� 0 U 0 Q L 7 0 N LO W a m Qo w N O O O N O N J a N le O N w d E s 0 a CD E m V m a Packet Pg. 30 Col y County COLLIER IER COUNTY (-OVFRNMFNT 7800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 341U4 www.colliergov.net (239) 252-Z400 FAX: (239) Z52-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): Q DOCK EXTENSION [] BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFOR CATION Name of Property Owner(s): Robert and Jackie Rapp Name of Applicant if different than owner: Michael T. Jones Address: 52 Southport Cove City: Bonita Springs Telephone: Cell: 239-225-5543 E-Mail Address; mrsrapp@comcast.net Name of Agent(s): Michael T. Jones Firm: SteMic Marine Construction State: FL ZIP: 34134 Fax: Address: 15420 OLD US 41 City: Fort Myers State: FL ZIP: 33912 Telephone: 239-481-7143 Cell: 239-340-6364 Fax: NIA E-Mail Address: mtjones@stemicmarine.com PROPERTY LOCATION Section/Township/Range: 6 / 48 _/25 Subdivision: Southport on the Bay Address/ General Location of Subject Property: 52 Southport Cove Property I.D. Number: #74435010109 Current Zoning and Land use of Subject Property: Single Family Residential May 8, 2018 Unit:2 Lot:44 Block: Page 1 of 6 3.A.g Packet Pg. 31 C Aer Count 3.A.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH H MANAGEMENT DEPARTMENT NARLES, FLORIDA 34104 www.colliergov.net (2391252-2400 FAX: (239y 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. NT ZONING AND LAND USE Zoning Land Use -I N Single Family Residential Single Family S Single Family Residentiai —^ Single Family E Little Hickory Bay Little Hickory Bay W Single Family Residential Single Family nrcrRIPT10" -tir nnrijrrr V LJ�.I►11 11V1• VI F P%%J LL1 Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Remove the existing dock- Install proposed dock and (2) lifts as shown on site plan- Existing walk to be rebuilt in the same location - SITE INFORMATION 1. Waterway Width: 480 ft. Measurement from D plat FE] survey F1 visual estimate other (specify) 2. Total Property Water Frontage: 152.59 ft. 3. Setbacks: Provided: 390~ 48 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 51-47 ft 5. Number and Length of Vessels to use Facility: 2. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 54 SouthporL Cove - 52' 50 Southport Cove - 48' 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.31 Acres May 8, 2018 Page 2 of 5 Packet Pg. 32 Co er County 3.A.g COLLIER COUNTY GOVERNMENT GROWTH N11ANAGEMENT U`CRAaTMCNT www.colliergov.net S. Official Interpretations or Zoning Verifications: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORrA 34104 (239) 252-2400 FAX: (239) 252-6358 To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes N■ No If yes, please provide copies. n.nl&AAnV e^nrrrnln The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate,) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) May 8, 2018 Page 3 of 6 Packet Pg. 33 3.A.g Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH NIANAG>=1rIENT DEPARTlALNT NAPLES, FLORIDA 341u4 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility, (There must be at least one special condition related to the property; these may include type of shoreline feinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained,) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (if seagrass beds are present, compliance with LDC subsection 5.03.06 i must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) May 8, 2018 Page 4 of 6 Packet Pg. 34 Cover Count 3.A.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GRO Vri H 1AANAGEI' [N T ❑LPARTPAENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-5358 Pre -Application Meeting and Final Submittal Requirement Checklist for: 0 Dock Extension U Boathouse of the Administrative Code I he following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT COPIES REQUIRED Compieted Application (download current form from County website) 1 Property_ Ownership Disclosure Form Signed and Sealed Survey g ,/El Chart of Site Waterway 1 Site Plan Illustration with the following: • Lot dimensions; ■ Required setbacks far the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 1 facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Aii'id iyit u[ Au Lrioiizd�_i,-�f:, signed and notarized 1El Completed Addressing Cheddi;t 1 Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Fallowing the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 Packet Pg. 35 Co*er Count 3.A.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GRG'AtTH MANAGIPAIENT 0ELPA;TMENT N APLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS -- INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review ❑ Addressing: Annis Moxam ❑ Parks and Recreation: David Berra ❑ City of Naples. Robin Singer, Pfanning Director ❑ School District (Residential Components): Amy Lockheart Q Conservancy of SWEL: Nichole Iohnsan ❑ Other: El❑ Emergency Management; Dan Summers; and/or EM5: Artie Bay Other: FEE REQUIREMENTS: Boat Dock Extension Petition: $1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1.,125.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and chose fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, i attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN. Business Center 2800 North Horseshoe Drive Naples, FL 34104 Slgrkture of Pe 'tioner or Agent May 8, 2018 q[(,, �_g• Date Page 5 of 6 Packet Pg. 36 3.A.g �i[' COfT er COuxty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GnOVv 1 H t'AAiY;,GEiOEN T Di; FART rviEN F NAPLES, FLURIDA -34104 www.railse(g.net (239) 252-2400 FAX: (219) 252-6358 This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes In contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or ioint teriancy, list all pasties with an ownership interest as well as the percentage of such interest: Name and Address W� - -- � % of_Ownership b. If the property is owned by a CORP )RATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address - _ - - - . of [3wnership .... ...... C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Created 9/28/2017 - - -_ --- page 1 of 3 0 U 0 a t 0 N w 0 m oo co N O 0 0 N 0 N J d N 0 N Packet Pg. 37 3.A.g C;Mer COuxty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROW I MANAUEMENT ❑EPARTNIFNT NAPLES, FLORIDA 34104 wwuv.[aiiier�pv_.net (239) 2S2-2400 FAX: (239) 252-6358 d, if the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the general and/or Iimited partners _-- Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: — —� -- Name and Address % of Ownership i f Date of Contract: f. If any contingency efause or contract terms Involve additional parties, list all individuals or officers, if a corporation, Partnership, or trust: -- Name and Address — - g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 O U O Q L 3 O N LO w 0 m o co N O O O N 0 N J d N 0 N Packet Pg. 38 COWER COUNTY GOVERf` MVNT .r'.RO:Yli vk# , r.U16,VaL.; i L.J rn{►il�riClti i Date of option: Date option terminates: Anticipated closing date: 3.A.g c,p COINT county _ --N N. - - . 29DO NORTH HORSESHOE DRfV f+iAPLES, FLIMIJA 34W4 (2-39j 252-2400 FAX 019) 7.57-+ or Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether indhgdually or with a Trustee, Company or other interest -holding party, must 1?e disclosed to Collier County immediately if such change occurs prior to the petition's final public nearing. As the authorized agent applicant for this petition, 1 attest that all of the information indicated on this checklist is included in this submittal package. i understand that failure to include all necessary submittal information may result In the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to, - Growth Management Department ATTN-. Business Center 2800 North Horseshoe drive Naples, FI. 34104 I ent/ w)er Signature 1"k4ex's AgenOwner Narne (please print) Created 9/28/2017 Date ms_. r Page 3of3 Packet Pg. 39 f";;.. 3.A.g Pfaase f urnoicto the frilowfng anti email jr, at 239-252-5724 or Sitt)r*pit ill ers,11 ffj gl o p f� 4dnress�r c ,eCt#o: Rcidressin er annel rior to xe-a llcat,an -.-- ri rr rA: to the ()Peratioro Division ai thr ah:)ve address, r st a signsc!�v n Ilow 3 days forpr�cessl�. Not all ED. will apply to every -will Items in bnld type are r9f4u!1ed FOLIO NUMBERS MUST BE the PROVIDED. Forms oldr�r than 6 months -will -wire additional rtxview and approval bV the Arldressinrl Section. PETITION TYPE (Indicate type below c'orr7prete a separate Addressing Checklist roreach Petition type) U BL {Blasting Permit 333 (Qaat ❑usk ExtensionI SDP t Site Develapnwit 'ati I al P ❑L� ❑ SDPA (SOP Rmondments GU (Conditional Use) i ❑ EXP ❑ SDPI (lnSLbsiantial Chang() SDP) �--^ r. sip 1 sfle lmnrfl—Mtnt Plan (lnrcn Yerml:' F P tt`rnal Platfat , [ SIPI IInsubstaniiai Change tc Sip) ❑ Lt.A iLal f--ire Ad;ustme�t' ❑ SNR (Street Name Chanae) ❑ PNC ( Project Name Ghallge r [! SW (Street Nzmo Chan-e -_ U , ,• , , � � rpla.�e� � ❑ TOR PPI- (Plans & Plat Review) ,Transfer Of Devebp,nent Rights) ❑ VA Variarce ] P5F' (Preliminary Su>7drvisinr. Plat: ❑ PUD Rezone: I r t�f ❑ VRP r'9 etation Removal Pert,eitl ❑ RZ (Standard rezone) ❑ VRSFP lVegetahon Rernoval & Site Fill Perri OTHER LEGAI. 0FSCRIPTION of subject prope. ;v or properties ; -'09 • a: 0011911ry description i►ray be attached) �au�H�� d�xE A NiT LD-r25. Sos FOLIO Property tl?) NUMBER(s) of attit3ve rattach rxs, ur assocfale wifh, legal :IesC rip[ t7rr if rreUre ti�att c!►rel �7 144 Z)S 10109 _ STFRLLTAUl_3REaS or ADDHFSSES ias Hppllcableg. rfairoadyassigned) -- uT-H P6KT tbV E ■ LOCATION MAP must tie atlaelled showing exar-t inc:atIon of project'stte of -way kn relafrnn tc nearest }public,: roar} rig#irt- • SURVEY (copy - nsuded only for unplalted propertresr CURRENT PROJECT NAME i f RA PP � -C)6nr-- [ s PRDPCS-n PROJECT NA, KKiPP Lk& AN b UPT - - name flt]l yet approved PROWOSED STREET NAMES {if appiicat„e, S S0u.4hP6d- Covell SITE DCVCLQPTVE-NT PLAN NLJNISFR fFrsrc�xisti►rgprc-,lacts's+t�s or:Jyi SUP - or Alt ev pl_ ii Packet Pg. 40 3.A.g Proierr or develoonisnt name ; propo5eo FIN'. rr' Blreia dy appearing in ind!eat e whether P'aprsed or existing, Please Return Approved Checklist By. Emvr! P rax Persgrtaiiy p,ckr?d yip Applicant Name: ` �-�T ,- 0 CS Phona?: 2? �7143 _ Ert,ail't=ax: rYl--aones a S-�uwkc.,O) .r`,vie. Wy'n Signature on Addr-Fnssit?g Checklist dries sIc= conStitUte Prr)}ect aflctor Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number � 4435010109 Folio Number Folio Number Folio Number Folio Number Fnli❑ Number Approved by: a Of- H- Date 1011912021 UPdated by: Date: R at WRW 1 Packet Pg. 41 AFFIDAVIT OF AUTHOR17ATION FOR PETITION NUMBERStS), -JACK I-- 2H -3. -ti ns: Al K, LG + I d PPI lCoole �jwe�L :1. !hal I am '.jig on& LXj rlt,% a, ic� i,cstr I iq res"ll t C-f This Mw -leT 6q, 6nG ntDDL-.'tV jLf' 116 ncerila! 'twjr!,6.,y FoLjjr: 11 'S wvncamis a ooreof.. tior I LTMNF�d 100 SfqnoC J) kr t;l C. 1:; GI 17�) -5 .01 y is C, .11m. 'ed riat'rer5hif; rF Trf"� of tao :-lam PC j; 2';1)6 iij Inhr -. P k! i, U J, 33 PIP F-UPO-OLY-iVE fCT!77,- -1; f•l �j �F��B; the facts stated in it I po 4 LLOLLL— A - Signature S*A"-Ei OF FLORIDA COUNTY OF COLDER 'o, -F QnV11%, ov 4OIS 0,* ... f, ,P...Z LA. R081 Corrvmlsolon#GG363267 . Expires Augutt 8, 2023 01 Loh-C 0. k - i 1411 . - - KCX i,-ZIQ2,t -F Affidavit of Authcrfzztjou and 1,hatl j I Packet Pg. 42 3.A.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(Sl r,114, name1. a - it,tie. ,f a;.lplicao a i u r _ r r _ _ cor tpaFy. If ap ficavla). swear ❑r affltm under ❑a€il. that I air „ s.clta*:sl 3rlp v, ,erg--� rlapli u ,; r�iorlud[ . nur^!,.asnr i �. 1 hive 4rll PuiIlL7rliy to secl,r,' the avp�cvai4s, requesEed and :c rnt3asa ejov,:mAms rwd restrrc€,ors ors it?t: refPrPrmed nrnprrt+, AS: a r0c;ul€ J any arikr n applir_afion and tha is _:.a=1.iy 'a;rcr w t`1 ,', Lard `3evnicn�l�s',; Ci.�rle: � _ . 2. All answers :r, 11•_ questions :n 1,1i5 ap;slicai, .n and any Sxetr_'res data rr othar +. ;;,I.EF:r•r:r4ntnry r sa:tr r attacneL haretf, ant !na(,ja a ;sat D"'Lh;s aiiplica#inn am nrnnci �. I have authorized the r,ff of Collier Cjun[y :c enter .,00r ;ne Wauerip tlf ring ,lurlrl8f warfttrc �lotlrs or the pirpuse of il•resliga;'no anc evaluatlrg ;Ile iar{uys; Made ItfOugh this application and Min' 4. The property Will be :•ansferml. 'clr ve:ec, s014-, ; S' S -Fei[ QUd (�'lfr ?fl i'ior and IMPOsed b,. [ ;, �lpprt,, ,; ?CiICrE !Nell authariza ; [ act any scatters se rartfi, c: i, as r�l,rrlra�+ represe native 3Wove- AIUIbS. • If the anphcailt is a • if the anplicart: is n Onjired LiaWliiy Cor77 i+Uns rL.! -G.! ur L'r:1+fB[I Cr3rrtparty IL C.!.. th rhu:l Irie ducurnerrts should lypiewly be signen by V70 Compnoy :s Managing Affemher ■ If the anplicanf es s partne Ship :hen typicallq• Spanner [`Jrl srg•: o;: oerla:f of f_r* pastneisnrl,. ■ If Ike ODPlicanr is a limited par#nershir.- :hen Me gene , per.-,e, r ;L:a't sign arn,l be rtiemlibetl as the "y�at+sral ooriner-vi I.,)& rid, Ijtiu pa477ersljir3. • Ifthe aopfican.' is a ;ri.st ;ncrr tlirx} mus; it=u!uu6, tt;& E!e s marries a:to the worcls 'as 1!uslee . ■ lr7 eaph ir7starrc�, $rst 7etcnrLrc, fhe' anpkr*an.1's sratu�. e w(P.R;�ar- OMPIErRIe trust. partfiersilip. acid ther7 use the appropriate (urmai 'fir Thar rnvnersnrp Under €mijalties of i3erjury, i declare that 1 have read the foreaoing Affidavit of Authorization and that the facts stated it it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLiER si'w^,c:l! :ray ackr3wlageo tW-Ire arse o1r ^,caE-' ns .sr �j�,,.. - r cPf k�./!f�'f3:cl[•G;1!!f:• 1 �aV ll' `�ia4. i1y �17��f 11L'L' iiili •le uN'1%F.I `�ti'l;•'l.-• �I Such persssnis; Pu gpc hoist .hick �MIArc porsonal1v Kn, Wl !0 ri:_ to Has prnducer a .-urrynt dr;vwra M Ha: tzumucer WAary ►� LOIS A. ROSS 'pOlky It GG 35326T ,��Commisslon Cxplms ftusi 8, 2023 Rr• �`or F�a 6ond■d tiro Budpdrfotary EleerloN 15 19. Rt 3 •t :tr2r1 Packet Pg. 43 INSTR 6038920 OR 5928 PG 1045 E—RECORDED 4/15/2021 9:01 Ass PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $11 060.00 REC S27.00 CONS S1,580,000.00 This instrument pmpred by & return so: Adrienne Crae1wr Sun Mat ionat "i'itie Company, LLC 2901 F.szoro Dvulevard, 3uita R Fort MYeY3 Beavh, FL 33931 CansldK'1&A: 31,5M,00p.00 Rec.: $27.00 Tax ID No:74435010i09 Our FIRS' 2020.3553 General Warranty Deed Made this 31st day of March 2021, by William Dean Malone, an unrer>r><arried widower, individually and as Trustee of the William Dean Malone Trust Agreement limited May 26, 1998, whose post office address is: 1561 Rivsrtvn Avenue SE, Grand Rapids, Nfl 49546, hereinafter called the grantor, to Hobert F. Rapp and Jackie M. Rapp, Husband and Wife, as tenants by the entirety, Whose host office address is: 52 Southport Cave, Bonita Springs, FL 34134, hereinafter called the grantee, [Vditencver used heroin the term "grant-" and "gs•mn(ce" include all the pardQa to this instrument and t#se netts, legal representatives and assigns of individuals, and the successors and assigns of Corporations) WITNESSETH: than the grantor, for and in consideration of the sum of ten dollars and zero cents ($10.00) and other variable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms tints the grantee, all that certain land situated in Collier, Florida, viz: Lot 44, Southport on the Bay, Emit Two, according to the plat ther-cof as recorded in Plat Bask 16, Pages 104) and 101, of the Public Records of Collier County, Florida. Ceftiticate of Approval Attaubed Hereto. Together with all the wmements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that tho grantor is lawfully seized of said land in fee simple: that the grantnr has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is frce of all encumbrances, except taxes accruing subsequent to 12/31/2020. "Subject to easements, restrictions, reservations and limitations of record, if any.* Packet Pg. 44 '** OR 5928 PG 1047 "A 3.A.g SOUTHPORT ON TTIE BAY CFRTIFJCATL OF/LPPROVAL This is to certify that Robert F and Jackie M Rapp Have been approved as the piimhaserfsl nfthe following property: 32 Southport Cove, Of SOJUTHPORT ON ME BAY PROPERTYS OWNERS, ASSOCIATION, INC,, acwrding to Lhc Restated Declaration of Covenants, Conditions and Restrictions, Public of Collier County, Florida. Such approval has been granted by the Board of Directors of SQiJTHPORT ON THI,,, BAY PROPETY OW TERS' ASS6CIATION, INC. for the transfer of ownership rights, pursuant to the provisions of its Declaration of Covenants, Conditions and Restrictions and based upon the representa€tiorts in the Application for approval, and the Association has or does hereby waive any rights which it =y- have to purl tease said unit. Dated this / - day of } —C 1�7 .2021. ert Qo uley ! �Ft STATE OF FLORIDA COUNTY OF COLLIER THE fOREGOING INSTRUMENT WAS ACKNOWLEDGrED BEFOPX, ME on this dray of Y r 2021, by Allen Bouley on behalf of Southport n the Bme oav HnawIIM Association., who is either well known to me or produced identification and executed the same freely and voluntarily for the purpose therein, WITINESS my hand and official seal the clay and year aforesaid. Notary Public My C4R MISsion expires; �� { Cammfsaffln#GG322336 a T� xp,rp August 1,0, 707 3 of 1. &add llnu $�:{pei N�HrY8m1n� Packet Pg. 45 OR 5928 PG 1046 3.A.g In Witness Whereof, the said grantor has signets and sealed these presents the day and year first above written. Signed, Sealed and Delivered in Our Presence Witness William Dean Maiore, indtvlduatly and as Trustee 1561 Riverton Avenue 5E Grand Rapids, M149546 Print Name Witness Print Mama State of County of: The foregoing instrument was acknowledged before me by means of [X) physical presence or [ j online notarization, this 31st day of March 2021 by William Dean Malone, who Ll is personally known or [X] h,3s produced a driver's license as identification, [Seal] Koran C400KA Notary Pilblic _ �� �L is • state 01 WonPrintName; Cars 01,Ked My Commission Expires:': MY �� Evifm5 ! t�, b,trig in the C^ryu0ty 01,�;.�•—�*- a� O U O Q L 3 O N LO W a m T- oo co N O O O N 0 N J d N O N Packet Pg. 46 3.A.g SteMic Marine Construction CGC 1527841 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION SEPTEMBER 6, 2022 Boat Dock Extension PL20210002681 Rapp Dock and Lifts 52 Southport CV (BD) PRIMARY CRITERIA Questions Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unabridged islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unabridged barrier island docks, additional slips may be appropriate.) Response: Criteria met- The property has 152.59' of water frontage. The property is zoned for a single-family residence which allows two slips per LDC. The proposed dock consists of two slips with boat lifts in those two slips, attached to the dock, which is appropriate for a single-family dock and consistent with neighboring docks. We are requesting a 31.47' extension beyond the allowed 20' protusion into the waterway. 2. Whether or not the water depth at the proposed site is s❑ shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Ree once: Criteria met- If a dock were to be constructed at this location without the waterward extension, the water depths at the maximum distance out (20' www.stemicmarine.com V1UUdly SYrvirIg SOUthWeSI Florida Since 19831 Timber and Concrete Dock Construction /Dredging Packet Pg. 47 3.A.g would be -1.8 MLW at the outermost extent. With a boat lift installed, that depth would not be adequate to launch a typical 27' boat off of the boat lift cradle beams that are typically 10" tall. Even without a boat lift, the moored boat would be sitting on the bottom at an average low tide. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: Criteria met- The proposed dock with lifts does not intrude into any marked or charted navigable channel, so there will be no adverse impact on navigation. While the typical route of travel for boats is not marked, the route, moving from north to south or vice -versa, is 258' from the back of the proposed boats while sitting in the boat lift. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: Criteria met- The proposed structure with boat extends 51.47 from the MHWL into the waterway. The overall extension of the dock/boat into the waterway will take up 10.72 percent of the 480' waterway as measured from MHW to MHW. This distance is shown on the second page of the survey prepared by Mark D. Allen, Inc., Professional Land Surveyor. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: Criteria met — Use of proposed dock would not impose on neighbors use of their legal docks. Based on the January 2022 aerial available on the Collier County Property Appraisers website, the neighbor to the northwest accesses the nearest lift by coming in straight into the shoreline, while the neighbor to the southwest has a lift that is oriented parallel to the shoreline and is used by personal watercraft, such as jet skis or kayaks. The distance between the neighbors existing lift and the nearest proposed boat lift is over 55', which is sufficient distance for ingress/egress into the neighbors lift. www.stemicmarine.com Proudly Serving Southwest Norido Since 19R3! Timber and Concrete Dock Construction /DredgiYig Packet Pg. 48 3.A.g SteMic Marine Construction CGC 1527841 (2371 481-3563 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION SEPTEMBER 6, 2022 Boat Dock Extension PL20210002681 Rapp Duck and Lifts 52 Southport CV (BD) SECONDARY CRITERIA Questions Secondary Criteria I. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: Criteria met- Mangrove growth is well developed and extensive along this property's shoreline. The mangroves grow out into the waterway beyond the MHWL, as shown on the boundary survey, filling the area where a dock would be located if the maximum 20' waterway extension was enforced. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: Criteria met- The proposed dock facility does allow reasonable, safe, access to the vessels for loading/unloading and routine maintenance, without the use of excessive dock area not related to these functions. The structure is designed with two slips for recreational vessels to be maintained safely, 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) www. ste m i cmari ne. co rn Proudly Serving Southwest Florida Since 19831 Timber and Concrete Dock Construction /Dredging Packet Pg. 49 3.A.g _Response: Criteria met- The combined length of the proposed vessels (27' + 20' = 47') does not exceed 50% of the property's linear waterfront footage (152.59' x .50 = 76.23'.) 4, Whether or not the proposed facility would have a major impact on the Waterfront view of the neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: Criteria met- Proposed dock does not have major impact on waterfront view of neighbors, The layout and placement of the proposed dock and lifts is consistent with neighboring dock facilities. The proposed dock is within the riparian lines and setbacks. 5, Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5,03.06 must be demonstrated.) Response: Criteria met — Seagrasses are not located within 200 feet of the proposed dock facility. A Benthic Survey Report by Hans Wilson and Associates, Inc. has been provided as a part of this application to verify that claim. 6. Whether or not the proposed dock facility is subject to the protection requirements of LDC subsection 5.03.06.E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: Criteria met — Since the proposed dock is a single family dock facility and will contain only two slips and not ten or more slips, it is not subject to the manatee protection requirements of LDC subsection 5.03.06.E.11 www.stemicmarine.com Pro Lid) y5ervhip 5: L,rthwest Florida Since 19,- ' Timber and Concrete Dock Construction /Dredging Packet Pg. 50 FIELDBOOK PAGE DATE SECTION 48 S, RGE 25 3.A.g 191 10 4-5-06 � TWP NORTH ARROW FOUNDATION LOCATION 9ELDSCOK PAGE LEGEND ■ SE'rMW WN'�jo*m LEGAL DESCRIPTION • :sr °"""'""`nrawr° "' 0 e fin ,wcw , (AS PROVIDED BY CLIENT) N SP" nso�vnnory This is a boundary survey of the following. Lot 44, SouthpoJ�on p c the Bay, Unit Two as recorded in Plat Book 16, Pages 100-101 'W"5'�° U CON'T REVERSE SIDE r— SCALE of the public records of Collier County, Florida. FIML SURVjEYDATE 0 1"=30' Mean High Water Line a per Plat Book 16, Pas. a 100 & 101, Collier Co., dated 411611M Exis ng Little Hickory Bay Lot 45 - Occupied N& L• ck o l.d � Set 112,1I.P. d Proposed Dock& Lifts 00 AD ❑ � o1 Si•D�` #6611 4x4 Mon. 4' Benchmark 78 Is top of conc. Set 1!2"i.P.. . sNfaAVDEa-atr� �e ` 20' Conservation Easement CantTevered yy7�s 6' alum. BOCK'-. Landward of Mean High < } f Water Typical h' ? ° #52 a ` IN r �, y �• N63 Ls i. 2 Story Res. n. ° ag-L- Elevated Set1!2"I.P. �-(P/ 1 wood deck _ .� N Lot 44 Spiral •, ?7.., staircase No I d Set 112" 1 P ti s t, • Generator P.C. y platform 'Z0� No I � [J66 Pool 53 M • Equip 20• rn > CantllevereC > AIC platform Lot 43 - Occupied „ Curve Data C7 . Dams Cap �o R=280.0 AU date boundary survey and + show proposed dock & lifts •' b r 4ti` f Afc=3fi.92 816121. see files for fieldwork. ` a HQ• *K CH=36.90'R 36.85'M �.`• etn-f cr' CB=N27°06'23'rW Located elevated decks ' =�reo' 1M6116, see Files for fieldwork ,• ka .�$yo Update survey and locate MHW line. 816118, see files for fieldwork. Staked Conservation Easement Additonal information added 12117121• Added Detail 8114118 822118, see files for fieldwork see sheet 2 of 2 NOTES CERTIFICATE 1. REPRODUCTION OF THIS SKETCH IS NOT VALIQ UNLESS SEALED I hereby certify that the above described property was surveyad WITH AN EMBOSSED SURVEYOR'S SEAL under my direction and the sketch of survey is true and correct 2. NO INSTRUMENTS OF RECORD REFLECTI NG EASEMENTS, RIGHTS- to the best of my knowledge. This s r ey meets or exoseds OP -WAY. AND OR OWNERSHIP WERE FURNISHEDTHIS SURVEYOR the standards of pracliceset forth by the Flodda Board of Land EXCEPT AS SHOWN. Surveyor;, pursuant to Rule 5J-17 Florida Adnnnistralive 3. Na UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE Cade, and pursuant to Sectlon 472.027 Florida Siatutss. There BEEN LOCATED EXCEPT AS NOTED. are no vlsde sncroachments oMorthan those shown hereon. 4. BEARINGS SHOWN HEREON ARE BASED ON [ Date:Dlgitallyslgned by Mark 2021.12.23 20.29-19 Centerline Southport Cove oeina N30`53 OCi"W Mark 0. Alfh D. Allen . 5- THIS PROPERTY LIES IN FLOOD ZONEAE EL S NAVD88 PER F.I.R-M. O5'00' PANEL NO 12021 C O179H , DATED 5/16/2012 P. L-S- 6. LAST DATE OF FIELDWORK 4-4.06 818118,8I22ft8.1?J26118,81621 MAR O. ALLEN P.L.S. #3553 7. ALL DIMENSIONSARE IN FEET AND DECIMALS THEREOF LB 06558 FAX: (2391892$470 AfARK Q. ALLEN. INC. TELE: (239) 992-6900 PROFESSIONAL %ArvA SiJf�'VEYOi� 10602 WOODS CIRCLE BONITA SPRINGS, FL 34135 OWN- BY CHICD 13Y GRDERED BY SHEET 1 OF 2 MA SRobert & Jackie Rapp OM NO 2006-127 a 0 N W m oo W N O O O N O N J N 1* O qe Packet Pg. 51 3.A.g Get lr.'If. p3 1 �h A, a Little Hickory Say i Proposed ago sock 8 LiRs o � ScaLE �� APPEN OIX A LEGEN 1] OF ASSREVKTION S A- Arc EOW= Edge of Water P-O. B= Point of Begininng APPROX- Approximate FB= Fieldhvok P-O.C= P*t of Commencemart AM- Asphat F6= Found P-O. L• Point on lone AVE• Avanua FLA- Florida PROP. Property BLVD.Boulevard IP= iron pin P.T= Point ofTangency B-M= Benchmark LN= Lane PUE• Puhfo Utility Easement Q. Centaillne Me Measured R• Retard or Radius CH- Chord ht-C- Maintenance Easement RAO= Radius CALC=Calculated H. Manhole RCP- RelMoreed Concrete Pipe C.B• Chord Bearing MHW- Mean High Water RD= Road CBS=Concrete Block Structure MON• Monument RDL= Radio{ CB-S Coe stal and Ceodetic Survey NSA- Out Applkahle RES. Resldence CHK'O-Checked NGVD= Natiomai Gevd eric Vertical Datum RLSta • Reglsred ry Land Sueyor CMP. Cvrrigaled Metal Pipe IN Nuno er R.C.A.Right of Way 00= County 013 Book. Officiel Record Book R or RGE- Range CONC=Concrete 01313- OrIonal SEC= Sectlnn COR-Comer 075. Offset ST. Street CT- Court P.B= Plat Book STY. Slory ❑-E_ ❑reinage Easement P,C• Point olCumaetre TOB• Top of Bank Desc• Oescrlptlan PC. Page T.U.E. • Technology utility Ease men[ DH• Drill Hole P-i= Point ofinlersecuon TYP. Typical [WIIN• Drawn PLS- Prole$Wona ?Land Surveyor Tor TWP= Tovenship EL w ELEV= Elevahnn R= Property line 11E= LRIIIN Easement EDP. Edge er P-amen t PL$- Prorewiona l Land Surveyor WI- With A. Delta or Benchmark %0- Rre i6 dranl SHEET 2 OF 2 UVVG. NO. 2006-127 Packet Pg. 52 3.A.g RIPARIAN LINE E X H I B I EXISTING LOCK AND -4 MLW � WALKWAY TO BE REMOVED -3 MLW 258' +1- TO THE TYPICAL ROUTE OF BOAT TRAFFIC (DOES NOT APPEAR TO BE A MARKED CHANNEL) .-Z MLW.- ' . 36. 7 ft -1 MLW 14.0ft �0 MHW `,24, ft r�`4 tPIL] 12 pG ft PROPOSED �1� \ NEW DOCK AND LIFTS • 44.18 ft 4.04 T 04 ft DISTANCE FROM MHW TO 1 ft 1, R � POUTER EXTENT OF THE BOAT- To, RIPARIAN•.1�I NEW WALKWAY CONSTRUCTED IN THE SAME FOOTPRINT AS THE EXISTING WALKWAY. _ MANGROVES _ RIPARIAN LINE S _ Z SQUARE FOOTAGE CaNs - DOCK (TERMINAL PLATFORM) 160 5Q. FT. _ FgSEM N� M ` ` MHW - WALKWAY BEYOND MHW 252 SQ. FT• \(PIL)/ s WALKWAY IN THE CE 80 Sid. FT. c - WALKWAY LANDWARD OF CE 6 SO. FT, i c a TOTAL SQUARE FOOTAGE 49$ SQ. FT. i MATERIALS TO BE USED' - 8" ROUND MARINE PILING WITH 2.5 C.C.A. TREATMENT e�OF Al S - 2" X $" ROUGH SAWN SOUTHERN YELLOW PINE WITH 1V ,60 C.C.A. TREATMENT u - 2' x 6' PT DECKING OR I' X 6' WEAR DECK DECKING - FRAMING WILL BE SECURED USING 518" 305 STAINLESS STEEL BOLTS - DECKING WILL BE SECURED USING #10 X 3' 305 STAINLESS STEEL SCREWS EXHIBIT 8 BOAT DOCK EXTENSION PL202I0002081 RAPE DOCK AND LIFTs 52 SOUTHPORT CV (BD) NAME RArr LJULIN AINU Lit- 15 JOBADDRESS 52 SOUTHPORT COVE ' Scope of Work: REMOVAL OF AN EXISTING DOCK Office239-481-7143 AND CONSTRUCTION OF A NEW 8' X 20' Fax 23$-481-3553 DOCK WITH A 4' X $4.5' WALKWAY. www.stern"scmarine.com INCLUDES INSTALLATION OF TWO BOAT LIFTS. CGC 1527841 Date 7-22-Z- Scale _i"'=2t ' dwg# -_ •-• SQ FT over water 4I2 Totai Sn FT 498 0 N O U O CL t O N W 0a co N O O o_ N O N J OL N 0 N Packet Pg. 53 LC m S x W ZtiObZ) s;uawn000 Cui:poddng pue uoi}eoijddd `dn)joee sjueoilddy - � ;uawt4oe};b :;uawLjoe;;d LU 7j z Li-LL z - ru O� w J Q Q w �a- o x: T: LU F-� 2 w z� 0 0 9 z =o N — E Q LLLE mx LLJ t• x C\j a {I)ELI o Q U q J LL O Q � Q m d 0 o Q J w w i..L Q Q w_ Q W CI) M iA r co �z occ Lq c 0 C z a Y Q U � a � z o � � LL— �z 2 � Q a z w co z M CO a 1: z — F- a ¢ z O Cp Cp Q ¢ } Y z a 1: LL Q lu Q Z n # 0 a F- p Cl i 0 ¢ U- U 3: o :I - a. 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Z Y a U 0 LU N o � o O Vai o ao "' i o LD Z .ru Lu Q U O U z m Z U Q S �z O U) O F O ci F U)Lu Lu :::) H O S O Q O H aoe O S co Q m � W Q S ~ LL LU 00 Q O = LO H v F Z LUH w Q > LLB X H O = LL m J Q ~ d' LL LU Z O H Q Lu O O O m co M LU F LU 2 O LU LU H LU Z = O Q ~ Z J Z Q U O LU J LU LU LU 2 LU Q ~ 2 LU d' z H m H O U m U H O d S H 7 O 11 N LO Z O O � O LL- LU _ X 00 LU � Z N a T Y O Y i U O U O O O X N H O S LU Q N S O J Q m EL ry L.]cvl, b I Benth iC Survey Report 52 Southport Cove Prepared for Robert & Jackie Rapp NWA ,41.k Hans Wilson & Associates Hans Wilson & associates Inc. Marine & Environmental Consultants 1938 Hill Avenue • Fart Myers, FL 33901 Office: 23"34-6870 + Fax: (239) 334-7810 info@hanswilson.com December 2021 T)OAT tp t &TT V1s W I K-MtQOC 2-6 R t I Packet Pg. 56 3.A.g PHYSICAL LOCATION OF PROJECT: The project is located in Sections 6, Township 48 South, Range 25 East, Collier County, Florida, which can be found at the physical address of 52 Southport Cove, Bonita Springs. NAME OF FIRM PERFORMING SITE SURVEY: Hans Wilson & Associates, Inc. NAME OF INDIVIDUAL PERFORMING SITE SURVEY: Jan Fisher & Clayton Wasson DATE OF SITE SURVEY: December 17. 2021 PROJECT DESCRIPTION: HWA was contracted by Stemic Marine Construction to evaluate benthic conditions associated with 52 Southport Cove. A benthic survey was requested for the rebuild of the dock. The Collier County requirements regarding submerged resources survey done between April and October was waived by the Environmental Specialist, Craig Brown, at Collier County. DESCRIPTION OF GENERAL PROJECT AREA: The project site is located in the north end of Collier County just south of Bonita Beach Road (Location figure below). The project area is located south of Fish Trap Bay & the imperial River. The survey area was within the property boundaries and 200' waterward of the current limits of the dock. Location of subject area Packet Pg. 57 3.A.g METHODOLOGY OF SURVEY: A diver was deployed to scan the project area for seagrasses. A benthic survey was conducted from within the property boundary limits and included surveying under and around the current dock. Screen shot of the Google Earth Desktop Application outlining survey area BIOPHYSICAL CHARACTERISTICS OF THE PROJECT SITE: Determining Percent Cover: Within the area surveyed there was no submerged aquatic vegetation (SAV's) observed. The water clarity and bottom sediments are less than ideal for seagrass growth and success. A majority of the survey depths were too deep to support seagrass growth relative to light penetration. Vegetation: Notable aquatic vegetation was filamentous green algae that was observed in sparse locations within the survey area. The projects shoreline consisted of red mangroves (F?hizophora mangle) and black mangrove (Avicennia germinans). Outside of the vegetation along the shoreline, no other vegetation was present within the survey area. Bivalves: Oyster shells were found within the survey area. While sparse, they were present covering about 10-15% of the bottom, with none alive. Bivalves were present along the roots of the mangroves and along the deteriorating dock pilings. No commercially and/or recreationally harvestable bivalves (hard clams, sun ray venus clams, brackish water clams, and scallops) were observed in the benthic environment surrounding the proposed project. Packet Pg. 58 3.A.g Photo showing bottom type. No seagrasses found. Photo showing bivalve shells. No seagrasses found. "Bare" Submerged Bottoms: The entirety of the survey area's bottom consisted of mainly silt, sand, rock, and oysterlshell debris. The bottom consistency makes it difficult for seagrass to grow. Hard -bottom Communities: There were no corals, sponges, worm reefs, and rock outcrops in the project area. No hard -bottom communities were noted. Summary: No seagrasses were present within the survey area of 52 Southport Cove. There should be no restrictions on dock construction based on the lack of seagrass and bottom communities. No native shoreline vegetation will be impacted because the proposed walkway will be constructed in the same footprint as the existing access walkway. In regards to the Collier County Manatee Protection Plan (MPP), the subject site in considered to be within Little Hickory Bay to Wiggins Pass (3.1.1.1). According to the MPP, the area of Wiggins Pass System is designed for 3-foot draft vessels (3.2.3.1). The environmental limitations described in this document are based on observations and technical information available on the date of the on -site evaluation. Should you have any questions or require any additional information, please do not hesitate to contact our office at (239)-334-6870. Signature of p� on performing site survey: L Date: &er 2� � Packet Pg. 59 AREA WHERE SEAGRASS SURVEY WAS PERFORMED SHOWN iN WHITE OUTLINE ABOVE E O&CC(]11 TWG71U;i Office 239-481-7143 Fax 239-481-3563 www.stemicmarine.com RAPP DOCK AND LIFTS ADDRESS 52 SOUTHPORT COVE Scope of Work: REMOVAL OF AN EXISTING DOCK AND CONSTRUCTION OF A NEW 8' X 20' DOCK WITH A 4' X 84.5' WALKWAY. INCLUDES INSTALLATION OF TWO BOAT LIFTS. DRAINING ACCEPTED BY --- —---------- — I CGC 1527841 1 Date 6-2-22 Sca}e_NIS___Dwg# 3 I FT over water 412 Packet Pg. 60 LA ZpobZ) sluawnooa 6ui:poddng pue uoijeoijddV `dnjoe8 s jueoilddV - I juauayoejjv :juauayoejjv a4 � ? y s .E a 'id '99h@id9 V.L1NW '3Ao7 .L14a41 mws ra li •; L n'�6 d a. ;kl 419 ; y yas tll _ t. film �7i ���40���e €• i, ia..pp � � -!i Six xY�_.. y i 7 -1 j` w1 ] 3.A.g b.61P CONSERVANCY �~4 of Sau�hwesc F ohda �. OUR WATER, LAND, WILDLIFE, FUTURE. P.'atoctrng SoWhl#cSt Florida's urlipup natural envirarr177enj a,,7d quait[y of !Iff3 ... n01W and !orever January 21, 2422 Michael T. Jones, President SteMic Marine Construction 16420 Old US 41 Ft. Myers, FL 33912 Sent via errrad RE: Proposed Dock at 52 Southport Cove Dear Mr. Jones: Thank you fof sending us the Croat dock extension survey drawings for 52 Southport Cove for review. Pursuant to the Settlement Agreement between the Conservancy, Lely Estates, Inc., and Collier County pertaining to the Lely Barefoot Beach PUD, the Conservancy must be notified of any proposed construction activities within the conservation easement. Upon review of the survey drawings dated December 23, 2921 from Mark O. Allen, Inc. Professional Land Surveyor, we do not see any inconsistencies with the plan in regards to the easement or settlement agreement. Per the settlement agreement, an access ramp or walkway through the conservation easement is permissible provided that the ramp or walkway is consistent with the DEP permits and it does not exceed 4 feet in width. Sincerely, Nicole Johnson Director of Environmental Policy Cu sserwvscy of SouthwHst i .onda f gas t o awarded ChmLy Nfi 4MtOr s I sre Agous 4 S4nr lop raliN €Ai gc"i s ryavey'TMM, soino nsw Inwagw7wnt and calxsutrrlent to accajnt rb 14 W trwlsWrenscy- chanty N;Yv Bator is Arnadm, 5I and MOW resPUCree +1d9pBSOW, evai iatV of charAM, 1.195 Srrtrtri Preserve Way I Napics, FiorfCla 64102 1 2:39.WE2.0304 1 � ax '3;�t3.��i�,[]E�7.3 I _� Packet Pg. 62 3.A.g Southport On The Bay Construction Packet Page 12 of 12 SOUTHPORT ON THE BAY - RENOVATION PROJECTS - SCOPE OF WORK 0 U r- P1.ease provide a complete descr-ption of all proposed projects and submit °a with the signed Constructior- Packet in the Rules and Regulations, deposit required) , and samples or c_^.arts of proposed materials (e.g., paint swatche in with names/numbers and areas to be painted, roof, pavers, shutters, railinc c4 etc.) to Ability Management, w 0 m Once submitted, the ARB has up to 30 days to review and approve anal/or oo provide further guidance prior to the start of any renovation. N 0 0 Please do not begin work or tare delivery of. and dum�sters, _ mil r car, ials, or N portable restrooms .prior to ARB zjpproval. N You will be notified when approval has been obtained. Once the project is C;; complete, it is the homeowner's responsibility to contact Ability to requel final ARB inspection and deposit refund. Thank you. AbbENWK -� ConS-MUCnN PACt6r-�—IM(eadyn4if, 0 -14 a rid /i sfia. (l a.fi M of P) boa f AY` s _ Cn _The,-©dosedc, u� 11 c�end II (r�� 1h7b Jhe- uOate,t-�� r 0 4"r, �e CUry-IIelo t ex 5 dohAJCV)1049L to, f bt V) .Q CL V U ri1 l°. v ! Y `Y3'I �i{ J 1 j'�r Vt� ! �7 !'� (N �i,(,(� r------- -- Q- Y V R m N Owner Name • _ . .Q a Q Address: Pf, {� E C Ho k a E JAN 3I 2022 t, Q Approved by the Board of Dircetors lone 4, 2019 Packet Pg. 63 3.A.g FLORIDA DEPARTMENT OF Environmental Protection South District Post Office Box 2549 Fort Myers, Florida 33902-2549 SouthDistrict@FloridaDEP.gov May 17, 2021 William Malone c/o Lois Ross Stemic Marine Construction 16420 Old US 41 Fort Myers, FL 33912 lros s&stemicmarine. com File No.: 0399918-001 EE, Collier County Dear William Malone: Ron DeSantis Governor Jeanette Nunez Lt. Governor Noah Valenstein Secretary On March 5, 2021, we received your request for verification of exemption to perform the following activities: To install a dock with two uncovered lifts for a total over water structure of 492 square feet at 52 Southport Cove, Bonita Springs, FL 34134 in Little Hickory Bay, Class III Outstanding Florida Waters, Section 6, Township 48 South, Range 25 East, Collier County. Your request has been reviewed to determine whether it qualifies for (1) a regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project did not qualify for the Choose an item. of this verification request. Specifically, the proposed structure is located on a natural waterbody and does not comply with the "Construction Guidelines". Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. www.floridadepgov Packet Pg. 64 3.A.g File Name: William Malone File No: 0399918-001 EE Page 2 of 7 If you have any questions regarding this matter, please contact Michael Baker by telephone at (239) 344-5602 or by e-mail at Michael.A.BakergFloridaDEP.gov. 1. Regulatory Review — VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051(5)(b), Florida Administrative Code, and Section 403.813(1)(b) of the Florida Statutes from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re -verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review - GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review activities on sovereign submerged lands under Chapters 253 and 258 of the Florida Statutes, and Chapters 18-18, 18-20, and 18-21, Florida Administrative Code, as applicable. The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies for an automatic consent by rule under Rule 18-21.005(1)(b), Florida Administrative Code, and Section 253.77 of the Florida Statutes to construct and use the activity on the specified sovereign submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. No further application is required for this consent by rule. Special Consent Conditions The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. Packet Pg. 65 3.A.g File Name: William Malone File No: 0399918-001 EE Page 3 of 7 2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 5. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant, including the attached recorded conservation easement. General Conditions for Authorizations for Activities All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part II, F.S. (a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. (d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. Packet Pg. 66 3.A.g File Name: William Malone File No: 0399918-001 EE Page 4 of 7 (e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities. 3. Federal Review - SPGP NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMYPERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: https://www.saj.usace.anny.mil/Missions/Re ug latory/Source-Book/. Authority for review an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18- 14, F.A.C. Packet Pg. 67 3.A.g File Name: William Malone File No: 0399918-001 EE Page 5 of 7 NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be Packet Pg. 68 3.A.g File Name: William Malone File No: 0399918-001 EE Page 6 of 7 filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62- 110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep. state. fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Packet Pg. 69 3.A.g File Name: William Malone File No: 0399918-001 EE Page 7 of 7 Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Executed in Orlando, Florida STATE OF FLORIDA DEPARTMENTOF ENVIRONMENTAL PROTECTION 7.,,mW T &wj Daniel Sensi Environmental Administrator South District Enclosures: 3 Project drawings 62-330.051(5)(b), F.A.C./403.813(1)(b), F.S. Attachment A: Conservation Easement CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments, including all copies, were sent to the addressee and to the following listed persons: U.S. Army Corps of Engineers, Fort Myers Office, fdep.other@usace.army.mil FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged. Clerk May 17, 2021 Date Packet Pg. 70 (ddag - —3 yoft—S ZS 309 L89Z800LZOnd : Z>8VZ) sluewnoo0 6uiyodd,S p- u,,Leo9ddV 'dnyaeg sauao9ddV . d iuewyoeptl :luewyae0tl /O V Cad �wa�S,k. � Vy as 1a§ s R� Asa 4 IM" I ac3 : " oI3 laI Ins ia� s,. I a cc d CO) i s + rr Z ! ��� 10 = 2 9" Z V) 2 ® O ,'E. m m aq�• � 3 `sz Pa p �m �U N x , . �°vomm�w aos aVa=Bupw=myw%='sY�,o�y 3Fq�vym s�aW�v e eIE OTC sawmom Mi.,seM A aoI I„ 5�g Di (ddea- ano3 yodylnoS Z9 309 "9ZO00lZOZ)d : ZVWZ) aluawn..a BuiyoddnS Pue uo11ua9ddtl'dn4oag s.luuoijddV - y luawyoelltl :luawyoeptl 8 a a G �� ro : � d 2 J mn h.vai° yy$ U xxex.aee� - a: .x�xxxxnw.e�xxxmxe. ���g e"�N6�Wnemmamon""-�n8 �iui no$oo 00000nnooc3':9:RR 0880 ............... 9 n<S -Ag,A xr— ..mnx.xx�«oem a :+ORtwON-SNP GBS y1 U5-3 ONE- SpUiHP PT BOOK 15. 3.A.g �ctronically ,pril 19, 2021 RIPARIAN LINE South District EXISTING DOCK AND - -4 MLW / > WALKWAY TO BE REMOVED / / DRAWING REVISED ON 4-19-21 0 -3 MLW / -2 MLW ' .. / LOCATION OF NEW WALKWAY WILL OQ / NOW BE IN THE SAME FOOTPRINT t / 28.00 ft AS THE EXISTING WALKWAY AND -I MLW /. LIFT PLATFORM ELIMINATED. 0 / ' N / W 12.00f m MHW PROPOSED VA NEW DOCK AND LIFTS 00 �o \ MAN ROVES o OLIDQ���y \ \04 20.00 G F�°'� -32. 0ft N A a \ 18.1Oft 24.50ft C \MANGROVES 8.00.ft ft C 4.00 ft- 00 ft 1 12.004 NEW WALKWAY CONSTRUCTED \ IN THE SAME FOOTPRINT AS MANGROVES THE EXISTING WALKWAY. \ .. \ 46.29 ft RIPARIAN. LINE CL C \ SQUARE FOOTAGE \ -"NS FQSFMFN� T/ON \ - DOCK (TERMINAL PLATFORM) 160 SQ. FT. - WALKWAY BEYOND MHW 252 SQ. FT. MHW - WALKWAY IN THE CE 80 SQ. FT. - WALKWAY LANDWARD OF CE 6 SQ. FT. TOTAL SQUARE FOOTAGE 498 SQ. FT. 4 EXEMPT File Number: 0399918-001 EE MA ERIAL"''°�• `usED: NAME WILLIAM D MALONE TR 8" ROUND MARINE PILING WITH 2.5 C.C.A. TREAT NT 52 SOUTHPORT COVE - 2" x 8" ROUGH SAWN SOUTHERN YELLOW PINE WITH At JOBADDRESS.60 C.C.A. TREATMENT - 2" x 6" PT DECKING OR I" x 6" WEAR DECK DECKING Scope of Work: REMOVAL OF AN EXISTING DOCK - FRAMING WILL BE SECURED USING 5/8" 305 STAINLESS STEEL BOLTS Office 239-481-7143 AND CONSTRUCTION OF A NEW 8' X 20' - DECKING WILL BE SECURED USING #10 X 3" 305 Fax 239-481-3563 DOCK WITH A 4' x 84.5' WALKWAY. STAINLESS STEEL SCREWS www.stemicmarine.com INCLUDES INSTALLATION OF TWO BOAT LIFTS. CGC 1527841 Date 3-2-2021 Scale—[!=20' Dwg# 2 DRAWING ACCEPTED BY_______________________ SQ FT over water 4I2 Tota Packet Pg. 73 3.A.g 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating -related Work — (b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided: 1. The cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed the limitations in section 403.813(1)(b), F.S.; 2. No structure is enclosed on more than three sides with walls and doors; 3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and 4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. Section 403.813, Florida Statutes Permits issued at district centers; exceptions.— (1) A permit is not required under this chapter, chapter 373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter 25270, 1949, Laws of Florida, for activities associated with the following types of projects; however, except as otherwise provided in this subsection, this subsection does not relieve an applicant from any requirement to obtain permission to use or occupy lands owned by the Board of Trustees of the Internal Improvement Trust Fund or a water management district in its governmental or proprietary capacity or from complying with applicable local pollution control programs authorized under this chapter or other requirements of county and municipal governments: (b) The installation and repair of mooring pilings and dolphins associated with private docking facilities or piers and the installation of private docks, piers and recreational docking facilities, or piers and recreational docking facilities of local governmental entities when the local governmental entity's activities will not take place in any manatee habitat, any of which docks: 1. Has 500 square feet or less of over -water surface area for a dock which is located in an area designated as Outstanding Florida Waters or 1,000 square feet or less of over -water surface area for a dock which is located in an area which is not designated as Outstanding Florida Waters; 2. Is constructed on or held in place by pilings or is a floating dock which is constructed so as not to involve filling or dredging other than that necessary to install the pilings; 3. Shall not substantially impede the flow of water or create a navigational hazard; 4. Is used for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia; and 5. Is the sole dock constructed pursuant to this exemption as measured along the shoreline for a distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. Nothing in this paragraph shall prohibit the department from taking appropriate enforcement action pursuant to this chapter to abate or prohibit any activity otherwise exempt from permitting pursuant to this paragraph if the department can demonstrate that the exempted activity has caused water pollution in violation of this chapter. Packet Pg. 74 01 434683 ffloNY23 PH 2 59 DC6-t}ER,(;TWERVATION EASEW&WRDED 3.A.g :STATE OF FLORIDA t SS. pFC j_'Lo*C0 3NTY OF COLLIER ) PRN -&% uac__.�Z KNOW ALL MEN By THESE PRESENTS that for and in consideration INT._. >f issuance of State of Florida Department of Environmental )N(7 Regulation Permits Numbered 111501035 and 111703805 in the name ui c SOUTHPORT VENTURE ASSOCIATES, a general partnership and other goody and valuable considerations, the receipt of which is herebym r_t acknowledged, SOUTHPORT VENTURE ASSOCIATES, a general partnership, ('Grantor") has bargained, sold, conveyed and granted to the STATE cn OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ("Grantee"), 7451 GOlf Course Boulevard, Punta Gorda, Florida 33950-9359, a non- exclusive conservation easement in accordance with Section 704.06, Florida Statues (1905), in and over the real property located in Collier County, Florida and described on the attached Exhibit "A". 1- This Easement conveys to Grantee a perpetual non-exclusive interest in the property, consisting of the following affirmative and negative covenants on the part of the Grantor and Grantor's successors and assigns: t a- No construction or placing of buildings, roads, signs o billboards or other adverb_ iuc;-dies or other structures o� � any kind whatsoever on o e�cte property shall be c0 undertaken without p rgw o tic) tee_ c'' b. No duT_*`" lacing of s fir` her substance whatsoever or placing of trash, er unsightly or .�ftensive matr i4& the property. c. No rem a uction of native tr es, hrubs, or ether veaet�tionii roper d- N exc vation, dre -ice o removalof loam, eat, gravel, soil, roc or r' t n as t affect the surfa e on e rdV y { e. o sub ac use exc pt for) r t t rmi theiland or water are r ma n p om na�#tl i�i s natu 1 o14t, on- on the P,Qproperty. ;� � � d f- a tivities detrimental toy. rainari , fA. fcontrol, water man n water conservation, ater quaYit erosion control, so �"". ervation or fish car wi, e bi g servation on the prope fW ) Q, No a cr ses detrimental *c such erhaoli of land or waterarea on t e t;-- h. Grantor ais aM n 11 maintain the described real prope i� e_e -_on. e[ 2. Provided, however, ment shall not preclude o the following specific activities from being undertaken on the ti subject property as authorized pursuant to the above referenced Permits Numbered 111501035 and 13.1703805- a a. The placement, construction and maintenance of ramps and �Es walkways for access and single family boat docks for property ­o owners and associations of such property owners within the awm Southport on the Bay subdivision, provided such access ramps or [Ycafq walkways do not exceed 4' in width. ONa �m[w b. Maintenance of mangroves located adjacent to residential ��F lots within Southport on the Bay Subdivision provided such rn Q1Z mangroves may not be trimmed to a height of less than ten (10) ta7 k7 4 feet. wnE+ c_ Grantor retains and reserves the use of the property for any and all purposes which do not interfere with and prevent the w+w tzses herein granted to the Grantee. Packet Pg. 75 R 1515 IL►099�t OR BOOK PAGE 3_ in the event of violation of any covenant contained in this Conservation Easement, Grantee shall be entitled to pursue all available legal and equitable remedies, including injunction. 4. Grantee may, in its sole discretion, transfer its rights Sander this Easement to such other state or local agency or to a private or public organization provided same is dedicated to the conservation and preservation of land in its natural state. It is understood that the granting of this Conservation Easement entitles the Grantee or its authorized representatives to enter the above described land in a reasonable manner and at reasonable times to assure compliance. The Grantor on behalf of itself and its successors or assigns hereby agrees to bear all costs and liability relating to the operation and maintenance of the land subject to this Conservation casement in the natural vegetative and hydrologic condition existinq at the time of execution of this Conservation Easement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condi�required by the aforementioned permit, and Grantor doe r m and hold harmless the r,rantee from same- C t' n a e hereby granted and 1-he obligation ta� n a i e land forever predominantly in E e and h ition as herein specified shah - n the land and sha b ing upon the Grantor and `s ssors and assigns, and a nure to the benefit of the Gr[e and its successors and aS >_gns. The teams anA c nditions f this Co rvation Aaasem nt may be enforced b the rangy injunctive i f and of r appropriate available reme "es, and an consents that v nue Vr such enforceme a io s 11 excl sivel n the ca uit urt of the Seco d J cc C y, �da.In any enforceme t ac on in ch th G a to re ails a ee 14hall be entitled to co er r as ab e or f s tsl in the trial an app la e c is i s t n o t c t f storing the land e n 1 v"g a i and d to i ndition existing t` th f e n Con o a ment or to the a ive and hydrologic c ition requ pby the aforementi ermits- These remedie re i� ad4i to any other reme J a or penalty which may ppli, ablh? r Chapter 403, Florid t�tea. Any for en en behalf of the Gran e b j ercise its rights in the a the failure if Grantor clp with the provisions of h s rvation Easement �o be deemed or construed to be w _ ]se Grante --s" "la€ereunder in the event of any subseq nt comply. 1N WITNESS WHEREOF, u�er s execute this Grant of Conservation Easement on the da e Irst above written. 4-5— � �1 Witness Grantor= SOUTHPORT VENTURE ASSOCIATES, a New Jersey general partnership By: Orion Marketing, Inc., a general vartner W By: I i4, — Kennet Gluckman, Its Presi nt Received $ �-- C- rcc -•��- a^: S;a r P `ax 1- Packet Pg. 76 nfl 1575 000995PAGE OR BOOK STATE OF FLORIDA ) SS. COUNTY Or COLLIER The foregoing instrument was acknowledged before me by Kenneth J- Gluckman, as President of Orion Marketing, Inc., a general partner of Southport Venture Associates this day of 1990. My e opRM y5TE A014 nix Notary Public Accepted: 1990 Fty: 1990 STATE OF FLOIR14, COUNTY OF C94,1ER SS. The ioreg ing instru nt -vWS acLno:Lledged ef or�is me by Philip R./Edva ds.— XXXjg x X.2 01 ?�_XXXXXX X-.KXXXXX)%XX day of NoOvembekg4' NY commis ion pites: ,. )r -. _ANQtAk)7 PubM-2-5 z"s This Instrument Prepare George L. Consoer, Jr., Esq, HUMPHREY & KNOTT, P.A. 1625 Hendry Street Fort Myers, Florida 33901 Packet Pg. 77 3.A.g ExHIB;j uAn Legal bescriptiotL of Conservation Eaeesant All of that certain property deeigndted as Coneervation Easement Area (C.g.) npoee the pldt of Southport on the Bay, Unit one, as recorded at Plat book 15, Pages 31 - 33, send the Flat of Southport on the Dar, Unit Two, as recorded at Plat Book 16, Pages lOD - 101, both recorded in the Public Records of Collier County, llorida. CD :;0 _ co C: O ::Pz c-n i +� Cu . N O U r- O t O N W m Oo to N O O O N O N J d N 1* O qe CN -.- - " Packet Pg. 78 3.A.g DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 1520 ROYAL PALM SQUARE BLVD, SUITE 310 FORT MYERS, FLORIDA 33919 July 7, 2021 REPLY TO ATTENTION OF Regulatory Division West Permits Branch Fort Myers Permits Section SAJ-2021-00756(RGP-SJR) William Malone 52 Southport Cove Bonita Springs, FL 34134 Dear Mr. Malone: Your application for a Department of the Army permit received on March 9, 2021, has been assigned number SAJ-2021-00756(RGP-SJR). A review of the information and drawings provided shows the proposed work includes the installation of 25 pilings to support a 492 square foot dock with 2 boatlifts. The activities subject to this permit are authorized pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). The project would affect waters of the United States associated with Little Hickory Bay at 52 Southport Cove, in Section 6, Township 48 South, Range 25 East, Bonita Springs, Collier County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Regional General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.miI/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on "Source Book"; and, then click on "General Permits". Then you will need to click on the specific SAJ permit noted above. You must comply with all of the special and general conditions of the permit; and, any project - specific conditions noted below, or you may be subject to enforcement action. The following project -specific conditions are included with this authorization: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: a. For electronic mail (preferred): SAJ-RD-Enforcement(a)-usace. army. rn (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. Packet Pg. 79 3.A.g The Permittee shall reference this permit number, SAJ-2021-00756(RGP-SJR), on all submittals. 2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed "Commencement Notification" Form 3. Self -Certification: Within 60 days of completion of the work authorized by this permit, the permittee shall complete the attached "Self -Certification Statement of Compliance" form and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self -Certification Statement of Compliance" form. The description of any deviations on the "Self- Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. 4. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps. The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. A cultural resources assessment may be required of the permit area, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO and the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work in the vicinity shall immediately cease and the Permittee shall immediately notify the medical examiner, Packet Pg. 80 3.A.g Corps, and State Archeologist. The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist, SHPO, and the Corps. e. In the unlikely event that human remains are encountered on federal or tribal lands, or in situations where Archaeological Resources Protection Act of 1979 or Native American Graves Protection Repatriation Act of 1990 applies, all work in the vicinity shall immediately cease and the Permittee immediately notify the Corps. The Corps shall then notify the appropriate THPO(s) and SHPO. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. After such notification, project activities on federal lands shall not resume without written authorization from the Corps, and/or appropriate THPO(s), SHPO, and federal manager. After such notification, project activities on tribal lands shall not resume without written authorization from the appropriate THPO(s) and the Corps. 6. Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for I n-Water Work — 2011 " 7. Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend to within 1 foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all suspended and erodible materials have been stabilized. Turbidity barriers shall be removed upon stabilization of the work area. 8. Noise Impact Restrictions: No more than ten piles are to be driven per day to minimize noise impacts. 9. Daylight Hours: All work must be completed during daylight hours. 10. NMFS PDCs for In -Water Activities: Comply with the attached National Marine Fisheries Service's "PDCs for In -Water Activities" dated November 20, 2017 11. NMFS PDCs for Pile Supported Structures: Comply with the attached National Marine Fisheries Service's "PDCs for Pile Supported Structures" dated November 20, 2017 12. NMFS PDCs for In -Water Noise form Pile and Sheet Pile Installation: Comply with the attached National Marine Fisheries Service's "PDCs for In -Water Noise form Pile and Sheet Pile Installation" dated November 20, 2017 13. Coastal Zone Management Act Consistency Determination: The activity, as proposed, has been verified or presumed to be exempt under Chapter 62-330.051(5)(b), Florida Administrative Code, and Section 403.813(1)(b) of the Florida Statutes from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZMA concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Packet Pg. 81 3.A.g This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced RGP, please contact Steven Rabney by telephone at 239-334-1975 x0009. Thank you for your cooperation with our permit program. The Corps' Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. Sincerely, Steven Rabney Project Manager Enclosures General Conditions Department of the Army Permit Transfer Request Commencement Notification Self -Certification Statement of Compliance Standard Manatee Conditions for In -Water Work National Marine Fisheries Service's "PDCs for In -Water Activities" National Marine Fisheries Service's "PDCs for Pile Supported Structures" National Marine Fisheries Service's "PDCs for In -Water Noise form Pile and Sheet Pile Installation" Permit Drawings Packet Pg. 82 3.A.g GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on March 27, 2023. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Packet Pg. 83 3.A.g DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2021-00756(RGP-SJR) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) Packet Pg. 84 3.A.g COMMENCEMENT NOTIFICATION Within ten (10) days of initiating the authorized work, submit this form via electronic mail to sai-rd-enforcement(Dusace.army, mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ-2021-00756(RGP-SJR) 2. Permittee Information: Name: Email: Address: Phone: 3. Construction Start Date: 4. Contact to Schedule Inspection: Name: Email: Phone: Signature of Permittee Printed Name of Permittee Date Packet Pg. 85 3.A.g SELF -CERTIFICATION STATEMENT OF COMPLIANCE Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to sal-rd-enforcement(a-usace.army. mil (preferred, not to exceed 15MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ-2021-00756(RGP-SJR) 2. Permittee Information: Name: Email: Address: Phone: 3. Date Authorized Work Started: Completed: 4. Contact to Schedule Inspection: Name: Email: Phone: 5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc.): 6. Acreage or Square Feet of Impacts to Waters of the United States: 7. Describe Mitigation completed (if applicable): 8. Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ******************** I certify that all work and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Printed Name of Permittee Date Packet Pg. 86 3.A.g STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. All on -site project personnel are responsible for observing water -related activities for the presence of manatee(s). All in -water operations, including vessels, must be shut down if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies(a mVFWC.com Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Packet Pg. 87 ZVOVZ) s;uawnooa 6ui:poddng pue uoi}eoijddV `dn)joee s,;ueoilddV - =1;uauay3e};d :}uauayoejIV Q � W N 0 m Q 4 4-1 o Lu p E >, L w U) z � .� U) 0 CF a) > , L Q � 0 O 0 �� z (D � Q .o W �- L. LU � 4-1 o �- Q �C 4-1 U) m '- O n E U Z � � O W � mJ _rZ L D 0 a� Q U a� N N C'0 S%./ U U LL d' O d- 00 00 00 00 00 6) a r aD Y V m a 3.A.g U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In -Water Activities November 20, 2017 1) (AP.7.) Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on -site project personnel are responsible for observing water -related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA -listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected resources/section 7/threatened endangered/in dex.html 2) (AP.8.) Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1- 877-WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16. 3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a) Construction Equipment: i) All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in. all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of Packet Pg. 89 3.A.g construction equipment and shall not resume until the species has departed the area of its own volition. iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in -water operations will cease until weather conditions improve and detection is again feasible. b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike ). iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow - riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. 4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species' entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA -listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm Packet Pg. 90 3.A.g Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): i) Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. ii) The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cableline). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion. 5) (AP.11.) Entanglement: All turbidity curtains and other in -water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species. a) In -water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non -looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in - water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. b) Turbidity curtains and other in -water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area. Packet Pg. 91 3.A.g Activity 2 (A2): Pile -Supported Structures and Anchored Buoys Project Design Criteria PDCs Specific to Activity 2 - Pile -Supported Structures and Anchored Buoys: A2.1. Activities covered by this Opinion include the installation, repair, replacement, and removal of structures as described below: A2.1.1. The pile -supported and anchored structures included in this Opinion are: docks and piers, boatlifts, mooring piles and dolphin piles associated with docks/piers; ATONs and PATONs; floating docks; pile -supported chickees (i.e., small, back -country, over -water, pile -supported, primitive camping shelters); boardwalks (as long as they are designed and clearly marked to prohibit fishing and vessel mooring); mooring fields and buoys; and other minor pile -supported structures. This does not include structures that support large commercial vessels including ferries, tankers, and cargo ships such as ferry terminals and large ports. A2.1.2. Pile -supported docks/piers for a single-family residential lot are limited to 4 slips for motorized vessels. Slips for non -motorized vessels (e.g., kayak, canoe, and paddleboard) and associated launching areas do not count toward the total slip number. A2.1.3. Pile -supported structures for marinas, multi -family facilities (e.g., condo complexes, trailer parks, subdivisions when the homeowners association owns and controls the in -water structures). Docks and piers for multi -family residential properties (e.g., condos, trailer parks, apartment complexes), and marinas are limited to a maximum of 50 total slips (i.e., combination of wet and dry slips for existing plus proposed slips). A2.1.4. Anchored buoys and temporary pile -supported structures associated with marine events. Upon completion of the event, these structures must be removed and, to the maximum extent practical, the site must be restored to pre -construction elevations. Water depths in the area of marine events must be deep enough to support at least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and ESA -listed coral colonies when transiting to the mooring areas. There is no limit on the number of vessel slips allowed for temporary structures associated marine events such as boat shows. A2.1.5. Mooring fields are limited to a maximum of 50 motorized vessels (there is no limit on the number of non -motorized vessels). A2.1.6. All pile -supported structures constructed must comply with PDC 2.17 for Docks or Other Minor Structures Constructed in Florida Under this Opinion (see below). The following PDCs apply to all the activities described in PDC A2.1 above: A2.2. For commercial, multi -family, or public facilities, and marine events, signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook -and -line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: Packet Pg. 92 3.A.g (http://sero.nmfs.noaa. goy/protected_resources/section_7/protected_ species_ education al signs/index.html). The signs required to be posted by area are stated below: A2.2.1. All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database. A2.2.2. Projects within the North Atlantic right whale educational sign zone (as defined in Section 2.1.1.4) shall post the Help Protect North Atlantic Right Whales sign. A2.2.3. On the east coast of Florida, projects located within the St. John's River and those occurring north of the St. Johns River to the Florida -Georgia line shall post the Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida north to the Florida -Alabama line. A2.2.4. We are still developing the signs to be used in the U.S. Caribbean. Once developed, those signs will be included at the website above. A2.3. For commercial, multi -family, or public facilities, monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or ingestion of, marine debris. Monofilament recycling bins must: A2.3.1. Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. A2.3.2. Be maintained in working order and emptied frequently (according to http://nmp.myfwc.com standards) so that they do not overflow. A2.4. For any dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of North Atlantic right whale critical habitat (as measured in a radius from the center of the nearest inlet to open ocean and described in Section 2.1.1.4), the property owner will be provided a handout with their USACE permit describing the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales (Appendix C). A2.5. ATONs and PATONs must be approved by and installed in accordance with the requirements of the USCG (see 33 CFR, chapter I, subchapter C, part 66 and RHA Section 10 and any other pertinent requirements). A2.6. Chickees must be less than 500 ft2 and support no more than 2 slips. A2.7. No activities associated with municipal or commercial fishing piers are covered under this Opinion. A2.8. Docks installed within visible distance of ocean beaches are required to comply with turtle -friendly lighting, if lighting is necessary to the project. Turtle -friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ A2.9. Project construction will take place from uplands or from floating equipment (e.g., barge); prop or wheel -washing is prohibited. Packet Pg. 93 3.A.g PDCs for In -Water Noise from Pile and Sheet Pile Installation Page 86 Open Water The letters A-E in the tables below specify the PDC category. Activities labeled A-D must follow the corresponding PDCs for labeled Category A-D below. Activities labeled E are excluded from this Opinion, as stated in Category E below. Trench Pilot hole Impact and fill (auger or Jetting Vibratory hammer drop punch) Wood piles 14-inch (in) diameter or less when installed via impact hammer A A A A B and 36-in or less for all other installation methods Concrete pile 24-in diameter/width or less in open A A A A B water Metal pipe pile 36-in A A A A E diameter or less 2 metal boatlift I -beams A A A A B Concrete slab wall- any size A A A A B Vinyl sheet pile- any size A A A A B Metal sheet pile- any size A A A A E Confined Space In Florida, we consider the confined space to be any area that has a solid object (e.g., shorelines or seawalls) within 150 ft of the pile installation site and in the U.S. Caribbean we consider confined space to be any area that has a solid object within 260 ft of the pile installation site. Trench Pilot hole Impact and fill (auger or Jetting Vibratory hammer drop punch) Wood pile 14-in diameter or less when installed via impact A A A A B hammer and 36-in or less for all other installation methods Concrete pile 24-in diameter/width or less (5 A A A A C Iles or less installed/day) Concrete pile 24-in diameter/width or less (6-10 A A A A D Iles installed/day) Metal pipe pile 36-in A A A A E diameter or less 12 Packet Pg. 94 3.A.g 2 metal boatlift I -beams A A A A B Vinyl sheet pile — any size A A A A B Concrete slab wall- any size A A A A C 5 slabs or less installed/day) Concrete slab wall- any size A A A A D 6-10 slabs installed/day) Metal sheet pile- any size A A A A E A. The Projects identified as A_ above must comply with PDCs identified for all projects in this Opinion. Specific PDCs related to noise include: 1. All work must occur during daylight hours only (PDC AP.6). 2. All construction personnel are responsible for observing water -related activities to detect the presence of these species and avoid them (PDC AP.7). B. The projects identified as B above must follow all of the conditions under A, above, AND also must limit the maximum number of piles installed per day to no more than 10 piles per day. C. The projects identified as C above must follow all of the conditions under A, above, AND also must limit the maximum number of piles installed per day to no more than 5 piles per day. D. The projects identified as D above must follow all of the conditions under A and B, above, AND also must abide by one of the noise abatement measures below, as chosen by the applicant: 1. Bubble curtain: The bubble curtain design must adhere to the guidelines for unconfined and confined bubble curtains described in Appendix B. 2. Temporary noise attenuation pile (TNAP) also known as a pile isolation casing: The TNAP design must be constructed of a double -walled tubular casing (a casing within a larger casing), with at least a 5-in-wide area between the casings that is dewatered to create a hollow space or 5-in wide area between the casings completely filled with closed -cell foam or other noise dampening material between the walls. The TNAP must be long enough to be seated firmly on the sea bottom, fit over the pile being driven, and extend at least 3 ft above the surface of the water. 3. The use of any other alternative noise control method must receive prior approval by NMFS and the USACE, as described in Section 2.3. E. The projects identified as E are not covered under this Opinion. 13 as 0 U 0 a 0 Cn N w 0 m 00 W N O 0 0 N O N J a Q Packet Pg. 95 �.■ MAP PAGE 214 R 24 E JOINS MAP 201 Big (jr— nib Hickory Pass 3.A.g 0 0.5 R 0M 6��. 5eeg-,Q 0Ln• yClIctntiel. Fish , ) 865 n-an ell Comps BUNKl� BEACH~ Q�g$nS N kew FARM LEE COUNTY COLLIER Angur-8 VTY Cn rrefoot opan9a '.Baa Bonaire Curacao Ln. Dominica Ln. o"t Cc St. Eustaciurs 5a�tirp Felipe Ln. Guadeloupe Ln. Nispanjola Ln. 1Onagua Ln N'T H O REumento Kaula Ln:. St. luau Ln` ?,y0 O CL �O#lT9 BAY z . aV o�' o c o . 'OUNT Y CLUB �� BaF(` o ,N ionita` dBa y oo w Montego Pointe �y N _ — -Ct_ _. ji�s. a �— N ■� Montego Pointe Ways' �Ja .J V d Ct. �\ G� o Daerwo° Sancwar N \ ; h\edge a Cr©seine C '$e\ r i Careen Heron N liai.v Ct. 6 on C1 eob� i a�i `i Awerwatch INPERIALRIWN i BOAT RAMP o mianna Isle Ct� G .. �_.._._ Esplanade g 'oSnarka e`°° c� Q' � °o aDr. FQ' Scepter CZ _ t. m cc 3 ¢ Tarpon Tai y p Ave. St. Marinc •' / Hickor f0 ' Regal Dr. Pine L 0 O i U ` 865 Q U. afoot `� 1st St. rL r Ct• San /J 2nd St, t a ■ Matec St. ' 31 0.. Je Dr ¢--.4tt Y W.5thSt tmo %1l ti J" N �4 c of Hickory Dolplw . 01 Bay Cove Ct. v ■ a �CJ A#PUBON � L COFTRr> C . v- f E. 0'1�°% aPIE wigging Packet Pg. 96 t0 Taln.. �7 0 CD 0 t ee: amen �.�.�-y_ ,fir,; � �� .;�,,-.-¢' .74 bo f'c in r . "Alo" It `vm C) C'4 00, At Gw� 4*7 IA LLJ 3.A.g RIPARIAN LINE EXISTING DOCK AND - -4 MLW / > WALKWAY TO BE REMOVED / / DRAWING REVISED ON 4-19-21 0 -3 MLW / -2 MLW ' .. / LOCATION OF NEW WALKWAY WILL OQ / NOW BE IN THE SAME FOOTPRINT t / 28.00 ft AS THE EXISTING WALKWAY AND -I MLW /. LIFT PLATFORM ELIMINATED. � / ' N / W 12.00f m MHW PROPOSED VA NEW DOCK AND LIFTS 00 c'� \ MAN ROVES c OLID \ \04 20.00 G F�°'� -32. 0ft N A a \ 18.1Oft 24.50ft C \MANGROVES 8.00.ft ft C 4.00 ft- 00 ft 1 12.004 NEW WALKWAY CONSTRUCTED \ IN THE SAME FOOTPRINT AS MANGROVES THE EXISTING WALKWAY. \ .. \ 46.29 ft RIPARIAN. LINE CL C \ N -rs SQUARE FOOTAGE co/v. FgSFMF�-4; ll \ . \ l - DOCK (TERMINAL PLATFORM) 160 SQ. FT. - WALKWAY BEYOND MHW 252 SQ. FT. MHW/ - WALKWAY IN THE CE 80 SQ. FT. - WALKWAY LANDWARD OF CE 6 SQ. FT. TOTAL SQUARE FOOTAGE 498 SQ. FT. eR�e�R N MATERIALS TO BE USED: NAME VVILLIAM U I"IALUNt I M — 8" ROUND MARINE PILING WITH 2.5 C.C.A. TREATMENT 52 SOUTHPORT COVE — 2" x 8" ROUGH SAWN SOUTHERN YELLOW PINE WITH �4', / JOBADDRESS.60 C.C.A. TREATMENT - 2" x 6" PT DECKING OR I" x 6" WEAR DECK DECKING I 1 1 Scope of Work: REMOVAL OF AN EXISTING DOCK — FRAMING WILL BE SECURED USING 5/8" 305 STAINLESS STEEL BOLTS Office 239-481-7143 AND CONSTRUCTION OF A NEW 8' X 20' — DECKING WILL BE SECURED USING #10 x 3" 305 Fax 239-481-3563 DOCK WITH A 4' x 84.5' WALKWAY. STAINLESS STEEL SCREWS www.stemicmarine.com INCLUDES INSTALLATION OF TWO BOAT LIFTS. CGC 1527841 Date 3-2-2021 Scale [!=- 0 Dwg# 2 DRAWING ACCEPTED BY_______________________ SQ FT over water 412 Tota Packet Pg. 99 8.00 ft MALOMF ( V-A- P) 3.A.g 8' rSTF�,MIC t�'It1 UNE CONSTRUCTION Office 239-481-7143 Fax 239-481-3563 www.stemicmarine.com CGC 041839 CBC 058440 Section A - A Typical Section V=2' Packet Pg. 100 1 3.A.g ACE ENGINEERED 4 POST, 2 MOTOR BOAT LIFTS U!R 3 12 1 m I'" I` I 10 I pat 7MOOPS"WOTIONHAS SEMDeSOMABAMANVMFMfMB M rNE FLOR ABULON0 Gi1MMO. SECTION 1ADM � A0S. ASC W?-14' AND W AKIMOE MLOADSfWSULOIt BANQOIME<tSiAUOtt W 70 NAfMANDTHEMIND LOAOM ASSCWIEDMH ANU TMENANDOF 1T4MPH. ExP78lAE9�, R18KCATEDORY"1'.AANOLgO0N8lILTA!q EN3N6936 HA4 HD CONi:IOL;D�THE MANIFAta1�gF�0irµANpE, OR MrBTALATION OF THM39ROq W, liMOENO Mr MMMM KO MMM N ACWWANCEYMADWKWO 4MMO OPRMMANDOATAR MW BY EMAWFACRIM: A�dOnd�rs Ca+rAMO �rM. ,R1.6AN0!!ii C.«IkWraAul�aiY�nWAY ftFb ftWN M"" Iw�tru of SKMTLNIE NOT VA D VATHOUtRAMWSSAL THE S1R MRE WILL WMWAND WIND LOADS ASSOCIATED WITH AN ULTIMATE WIND SPEED OF 170 MPH, EXPOSURE V, RISK CATEGORY ' 1 ' CALCULATED PER F.B.C. 2010 AND ASCB/'SEI 7-10. 19003 SHALL NOT BE STORED ON LIFE Rim wH ma EVEHIS. IN GENERAL. PILING PENEM710N TO SE 10' INTO THE SANG BOTTOM OR 5' INTO THE ROCK STRATA. SUB -SURFACE CONDITIONS CAN VARY GREATLY, THE CONTRACTOR SHALL VERhFY ALL ME CAPACIM. ALL PILINGS TO BE LIS C.C.A. PRESSURE TREATED WOOD. L9T CAPACITY H EACH MUM BO W �BLH 8DE BR88 i RABE 4AW* 2G41 4Nx. H W x 1gg4OVpI 101.6hx3Bmm TiO BIM xb 8t11m 0Hx.10 4 W x.0 46&4hx46mm 101.8►M Amn &6m &6t8 QAL 12V LOM Win OAL 1BP� 4. � � fulLsomm B�pl 2W2mn 71000# 3176kp 2 WxJ8 674W.1mm 4Wx,Tf 101.9wx7Amm xX�1gg6yW8y"��O,,ALg x&YmAgOLL 1441LOTH &BmOAL 110' H.Bm I 10,000i 4W Ig x 16TP.0Al 88 um GAL 5 Wx`S 1N ummmm r�4�ip 71011 1g1/t mn 7 H x A7 177.8MCInrII x x 14,000# an k0 I&XV& 68.9 m QAL 16V LBTH 18.E m OAL P% X+ " 8174m A000# 7E67 k0 8 W AS x168' OAL 9 nn &9 m OAL 8 x A1 186' 16&4MACI0.4mn 4A m OAL j 'I 0 Hx.YB 20,,Egg�2tdARm 10 H x �i Dann 20,000# 9071 ift7W70u1L1 964 L9TIi 150. 8 madu 19 g4�6gntB�, xa P7l T 4-7 g 897���.Em24AN# B,t� qp 8HxA5 20$,2M6,4mn 10 H xA 284h►t7.4mn t13r3.4m 10m TL7swx.41 H.WK10.4mm 0wx.60 16H.N IH,7mn m x H01 OAL 5.1 m DAL iv 187H 4.0 m GAL PUB. 7-16-2014 Ace Boat Lifts, 7990 Mercantile St., North Fort Myers, FL 33917 O U 1r O a t O N r) W a m O W N O O O N O N J O_ N O N Packet Pg. 101 3.B.a Cot[16r County STAFF REPORT 1 . :: I0010.: a I► FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: DECEMBER 22, 2022 SUBJECT: PDI-PL20210003207, MEDITERRA PLANNED UNIT DEVELOPMENT (PUD) APPLICANT: Mediterra Community Association 15735 Corso Mediterra Cir Naples, FL 34110 REQUESTED ACTION: AGENT: Ben Smith, AICP Morris-Depew Associates 2914 Cleveland Ave Fort Myers, FL 33901 The petitioner requests 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. GEOGRAPHIC LOCATION: The subject area is located approximately 850 feet east of the Livingston Road and Veterans Memorial Boulevard intersection within Tracts R and Q, Mediterra Phase Three East, Unit One subdivision, in Section 12, Township 48 South, Range 25 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) Page 1 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 102 uvinOlHgA VMM9i149W - LOZCOOO MUM : OZOVZ) podeM jjejS - eJJOI!POW - LOZCOOO MZ-ld :4u8wt43e11V GO gore PAR MEN •M mill IM MISS AIVIAAA iapjaqV Ij Ilk , Z i. 0 0 rA Page 2 of 12 0- ca Z> 0) 0 N r-- CD C) C) C) <D C\1 —j 0— L: 0 -0 E Z) z c 0 Q) CL co 0 4-A 0 -j Mediterra PUD, PDI-PL20210003207 November 17, 2022 cq 00 M 21` inOIHM "11311(33W - LOZ£OOUZOZId : OZOVZ) podall }lelg - eJJa;IPGW - LOZ£OOUZOZ-1d :luawt43L'U z Q n ry w U) L1J Lu ry Page 3 of 12 3 WAR �xS -44 I Mediterra PUD, PDI-PL20210003207 November 17, 2022 3.B.a PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting to re-establish the access point to Veterans Memorial Boulevard from the roundabout intersection of Giardino Lane, Celebrita Court, and Buonasera Court located within the Mediterra Planned Unit Development (PUD) community. In 2001, the Mediterra PUD was approved and adopted by Collier County under Ordinance No. 01-61. When it was approved and adopted, there was an access point at the southern boundary of Mediterra East to connect to what is currently Veterans Memorial Boulevard (see image below). Three years later, in 2004, Collier County approved an Insubstantial Change to a PUD Amendment, PDI Resolution No. 04-11. The PDI, specifically related to this request, removed the Veterans Memorial Boulevard Access Point from the Master Plan (see image below). Page 4 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 105 3.B.a The problem without an access point from Veterans Memorial Boulevard presents only one non - signalized intersection with Livingston Road from the Mediterra East community. This has presented traffic safety issues primarily for vehicles leaving Mediterra East to travel southbound onto Livingston Road, requiring them to turn left to merge with southbound traffic without a signal and needing to avoid northbound traffic. Re-establishing the Veterans Memorial Boulevard Access Point will help to facilitate better traffic safety, reduce congestion on Livingston Road, and increase roadway connectivity. This can be a catalyst to support Collier County's plan to connect Veterans Memorial Boulevard to Old-41. As it is planned to be constructed, if the access point is re-established, it will connect the existing roundabout inside Mediterra East, Corso Mediterra Circle, and align it with the entrance to Allura to the south across Veterans Memorial Boulevard, a multifamily development currently under construction. This access point is proposed to be designed as a two-way traffic ingress/egress for Mediterra East. In communications with the agents, the ingress will be permitted for emergency vehicles only and the egress will be restricted to serve only the Mediterra residents. The Mediterra Community Association (MCA) will reserve the right to open the ingress for Mediterra residents according to Collier County permitting requirements. The existing wall, landscape berm, and buffer on the southern boundary of Mediterra East will be preserved and enhanced to reduce any impact on existing homes and private property. Page 5 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 106 3.B.a SURROUNDING LAND USE AND ZONING (related to the subiect site location) North: Mediterra Planned Unit Development (PUD); single-family residences. East: Tuscany Reserve PUD and Pelican Strand PUD; single-family residences. South: Veterans Memorial Boulevard, Right -of -Way, Allura Residential Planned Unit Development (RPUD) and a developed single-family development with zoning designation Brandon RPUD West: Livingston Rd, right-of-way, Mediterra PUD, Agricultural zoning Collier County GIS Page 6 of 12 O N M O O O r N O N J d O N O N Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 107 3.B.a STAFF ANALYSIS: Comprehensive Planning: The Future Land Use Map designates the subject site as Urban, Urban Mixed -Use District, Urban Residential Subdistrict. The project is consistent with the following FLUE and Transportation Policies: • Future Land Use Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. • Future Land Use Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. • Transportation Policy 9.3: The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The Collier County Transportation Division shall develop guidelines, which identify the conditions that would require the interconnection of two neighboring developments and shall also develop standards and criteria for the safe interconnection of such local streets. • Transportation Policy 9.6: The County shall review impacts on emergency vehicle access or a response time to neighborhoods, both before and after implementation of traffic calming measures. If emergency vehicle access or response times into a neighborhood have been Page 7 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 108 3.B.a adversely impacted by the traffic calming measures, the County shall work with the relevant emergency responders to reduce or eliminate such adverse impacts while still maintaining traffic calming measures. The project is consistent with the Growth Management Plan. Transportation Element: Staff finding: According to the PUDA documents the proposed change will have no net increase or decrease in the number of trips generated by this development. The request is to allow another vehicle access to Veterans Memorial Boulevard as shown on the proposed master plan. Based on the submitted documents, this request can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because there are no additional traffic impacts resulting from the proposed changes. Therefore, the Transportation Planning staff recommends approval of this request. Zoning Review: As previously stated, the applicant is proposing to re-establish the access point that was originally planned in the Mediterra PUD prior to its removal in 2004 through the PDI Resolution 04-11. The proposed insubstantial change to the PUD will most importantly help increase the health and welfare of the community as well as improving traffic flow within Mediterra East community. The health and welfare will be enhanced by an emergency vehicle entrance to help improve emergency response times serving the Mediterra East community residents. As discussed with the agent, the ingress will initially be an emergency vehicle entrance only and the egress will be used by the community's residents. Any changes to allow a residential ingress will be decided by the Mediterra Community Association. The re-established access point will include the installation of a wall, entry gate, and landscape berm and buffer. The schematics of which will be included in the PDI update. The impact on existing homes and private properties will be reduced because the existing wall and the landscape berm and buffer on the southern boundary of Mediterra East will be preserved and enhanced. Therefore, staff is recommending approval. Landscape Review: The buffers labeled on the Master Plan are consistent with the LDC. Environmental Review: Environmental Planning staff has reviewed this petition. The request is to amend Ordinance 01-61 to modify the PUD to allow an additional road access (Veterans Memorial Boulevard). This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2- 1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. Conservation and Coastal Management Element (CCME): Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). No revisions to the environmental portions of the PUD are being requested. Page 8 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 109 3.B.a PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1. LDC Section 10.02.13 E.1 Criteria: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units, the intensity of land use, or the height of the buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in excess of five percent in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. The Master Concept Plan provides for 386 acres of recreation, open space, golf, park, easement, and buffers. This proposed vehicular access point will convert the area in the right- of-way which comprises of 0.10 acres, equating to 0.03% of the entire area. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, the requests do not impact the size of non-residential areas, such as institutional, commercial, or industrial, or proposed to relocate such areas within the PUD boundary. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No changes, such as an increase in dwelling units, nonresidential square footage, or in amount of uses, are proposed that would increase traffic generation. Mediterra East is platted/approved for 176 single family residential dwelling units. The development has existing access on Livingston Road and this amendment proposes to add an access point on Veterans Memorial Boulevard. A traffic analysis prepared by TR Transportation has been submitted with the associated PPLA application which indicates that the resulting changes in traffic circulation will not be substantial. Page 9 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 110 3.B.a The projected left turn volume at the proposed Veterans Memorial Boulevard access point is only 16 vehicles during the PM peak hour. It is important to note that these turning movements will only occur if the community decides to allow this access point to be used for ingress other than for emergency vehicles. The Transportation Impact Study (TIS) determined that the projected left turn volume, eastbound on Veterans Memorial Boulevard turning into Mediterra, is not enough to warrant an eastbound turn lane. The TIS also determined that the projected right turn volume, westbound on Veterans Memorial Boulevard turning into Mediterra, is also not enough to warrant a westbound turn lane. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No. The proposed amendment would not result in land -use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No. The Veterans Memorial Boulevard right-of-way exists within Mediterra's stormwater management system. The existing stormwater was designed to accommodate the impervious area of the access point project as future pavement. The proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The access point has been designed to align with the opposing access point on the south side of Veterans Memorial Boulevard. There will be no incompatible relationships with adjacent land uses. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. There are no changes proposed which decrease the consistency of the PUD with the County's Comprehensive Plan. There is no proposed increase in density or intensity or any changes in the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any Page 10 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 111 3.B.a changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Not applicable. Both the subject property and the PUD are not designated as a DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s)10.02.13 E.? Based on the analysis provided above, the proposed change is not deemed to be a substantial amendment to the PUD. It is requested that this amendment continues to be reviewed as an insubstantial change to the PUD consistent with county staff discussions. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was advertised and held on July 13, 2022 at 5:30pm at the club ballroom, 15755 Corso Mediterra Circle, Naples, Florida. There were twenty (20) members of the public present and eight (8) who participated remotely on Zoom. A copy of the transcript has been made available as an attachment. A copy of the NIM advertising is included in the Backup Package attachment. PETITION APPEAL TO HEARING EXAMINER 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 2-89 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition PDI-PL20220003207, Mediterra PDI subject to the following condition: 1. Ingress/egress connection to the Public ROW at the southeast location on Veterans Memorial Blvd, east of Livingston Road, shall require a ROW permit and maintenance agreement consistent with County standards, as well as any developer commitment required as part of the ROW permit approval process, as applicable and/or determined by the County Manager or designee. The approval is also subject to including the following attachments in the HEX Decision: 1. Attachment A — PUD Language Changes 2. Attachment B — Revised Master Concept Plan 3. Attachment C — Gate -Wall -Landscape Details 4. Attachment D — PDI Schedule of Deviations Page 11 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 112 3.B.a Attachments: Attachment A — PUD Language Changes Attachment B — Revised Master Concept Plan Attachment C — Gate -Wall -Landscape Details Attachment D — PDI Schedule of Deviations Attachment E — Mediterra SE Access PDI Presentation Attachment F — NIM Materials Attachment G — Backup Package Attachment H — Signs & Notification Attachment I — Objection Letter (Relevant Letters on Page 1, 14-16) Page 12 of 12 Mediterra PUD, PDI-PL20210003207 November 17, 2022 Packet Pg. 113 W. 3.B.b 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. 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. 9. Landscape/hardscape 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. Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from property lines: Mediterra PUDI PL20210003207 August 25, 2022 Packet Pg. 114 3.B.b Front: ten feet (10') Side: five feet (5') Rear: ten feet (10') 2. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - thirty-five feet (35'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Sidewalks and bike paths may occur within County required buffers. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra development standards, are to be in accordance with the applicable LDC provision in effect at the time this PUD is approved. C. Southeastern Access Point on Veterans Memorial Boulevard, east of Livin sg ton Road: Unless otherwise set forth in this subsection C, the following development N standards shall apply to the southeastern vehicular access point on Veterans N Memorial Boulevard, east of Livingston Road: a A vehicular access point connecting Celebrita Court to Veterans Memorial Boulevard may be provided for Mediterra Phase Three East (for reference, see Exhibit B). 2. Maximum wall height from the highest elevation of the landscape berm: eight feet (8'1 3. The existing eight -foot (8') wall will transition to a step-down precast wall system atop the landscape berm slope for reference, see Exhibit B . 4. The grade elevation of the landscape berms on either side of the southern access point shall transition from the grade of the existing berm to the grade of the access point gate with a maximum slope of four to one (4 to 1,) such that the toe of the slope transitions to the base of the decorative columns. Mediterra PUDI PL20210003207 August 25, 2022 Packet Pg. 115 MR 3.B.b 5. Where grading transitions along the berm are required, the downhill side of the fence/wall panel is limited to a maximum of twelve feet (12') in height from the elevation of the berm. 6. Maximum height of decorative columns: twelve feet (12') as measured from the toe of the landscape berm slope. An additional maximum height of four feet (4') is allowable for optional architectural features, such as precast finial caps, atop the columns (for reference, see Exhibit B). 7. Maximum height of the security gate affixed to the decorative columns: twelve feet (12'). 8. Maximum distance between each toe of the slope of the landscape be on either side of the access point: forty-seven feet (47'). Mediterra PUDI PL20210003207 August 25, 2022 a Packet Pg. 116 0 OZOVZ) 0 1NBWH:DV-UV :IUGWL13MIV go Lij a � 5 r N N N O N a m m M OZOVZ) 0 1NBWH:DV-UV :IU8WL13MIV I i N N r Cb a as V a k !! • |. j� ig LU ! )| // Z F- LU S \ \ --------- -------\ --------- ------\� --------- ------/- --------- -�------ --- ----- ! \ ! � I •; / ! ! |! § \ § $ ( | \ � \ ] 3.B.e MORRIS/ F__1 2914 Cleveland Avenue I Fort Myers, Florida 33901 DEPEW - Phone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS Mediterra Southeast Access Insubstantial Change Amendment Schedule of Deviations 1. Deviation from LDC section 5.03.02.C.1. which limits wall and fence height to a maximum of 6 feet if located within the required front yard to allow for a maximum wall height of 12 feet to allow for a grade transition. Justification: An increase of the maximum permitted wall height to 12' within the existing buffer along Veterans Memorial Blvd. will limit re -grading activities associated with the proposed roadway connection to Veterans Memorial Blvd. by allowing the wall to transition down approximate ten (10) feet vertically within a ±100' section. By limiting the grading activities to a compact area, additional existing mature vegetation along the existing berm will remain in place. The maximum wall height of 12' will only be utilized on the downhill side of the slope transition as the wall panel approaches the next supporting post, while on the uphill side the maximum wall height will be 8' or less to match the existing wall. These transitions will also be screened with additional buffer plantings after the wall has been installed to maintain a consistent aesthetic within the context of the existing community. EXTERIOR SECTION 2. Deviation from LDC section 5.06.02.B.1.a. which limits signage height to a maximum of 8 feet to allow for a maximum height of 14' to allow for decorative columns. Justification: The Mediterra PUD seeks to deviate from the design standard requirement of a maximum height of 8 feet for all signs within residential portions of PUD zoned properties. This will allow for decorative gate columns to be affixed with a community themed logo at the proposed vehicular access to Veterans Memorial Blvd. The proposed height is necessary to allow the step-down wall transition from the existing berm elevation (±10' above), and to provide for the addition of a decorative column cap/finial similar to the existing decorative columns within the community. This will maintain design consistency and allow for community identification to be located outside of the existing Veterans Memorial Blvd. right-of-way without further impacts to the existing berm and buffer. 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I cannot hear the questions. 00:45:59 Steve Izzi: Is there any provision for pedestrian foot traffic A: Yes, we are accommodating interior foot traffic, we are preserving the sidewalk that already exists (moving it a bit) 00:47:53 Larry.Drake: The current wall is about 8 to 10 foot above grade. The shows level What does the transition look like? A: The current wall is 6 or 8 feet, the proposed wall sections will remain consistent with existing, there is a 10-foot barrier below the wall so altogether the top of the wall is 18 feet approximately above grade, wall will be stepped down as quickly as we can at the gate. 00:48:20 Larry.Drake: This show at grade 00:49:39 Daryl.Adams: What is the approval process of this Southeast Access? A: The PUD application which does amend the zoning resolution for the development, the master concept plan essentially showing that there is or is not an access here. The submittal needs to be reviewed by the County, and another application was also submitted with the engineering plans. 00:50:26 Peter Bowen's iPhone: Who will pay for the gate? A: I can't speak to that, that will be paid for by Mediterra 00:50:35 Larry.Drake: sorry for the type o's 00:50:45 Pat Ward: Will any activity at the proposed gate be monitored, via camera, by the "manned" security gate? A: That is a question that I cannot answer, video monitoring is not part of the submitted plans, that is the decision of the Mediterra community. 01:04:12 Dick Johnson: I live on that side 01:04:43 Suzy Riedel's iPhone: I live on this side and am totally opposed to this gate going in! 01:05:16 Daryl.Adams: I live on this side 01:07:28 Daryl.Adams: and I'm opposed to the gate being added. Packet Pg. 142 3.B.g Page 12 01:09:08 Dick Johnson: Was there ever in your knowledge a Collier County traffic safety study completed on Livingston between the east and west side of Mediterra was submitted for purposes of installing traffic lights? A: Traffic studies have been done in the past however we have no knowledge of this. 01:11:21 Pat Ward: I live on the east side, and my security concerns, which i have raised from day 1, remain a major issue for me. Disappointed with MCA Board's response to this, to date. 01:13:59 Icasa_v62ar2c: Where was the original access point relative to where this access point is. 01:18:53 Larry.Drake: If this is a safety issue with turning left onto Livingston from the east gate, why do we need an entrance? Why can't it just be an exit to solve the problem? A: Some confusion, the proposed gate is being permitted as entrance/exit to give the option in the future, although it is currently only proposed as an exit. 01:19:08 Todd Van Fleet: For the sake of clarity, did i hear the right arrow turn lane is no longer needed/feasible because of the traffic volume? A: that is not something that I am able to answer at this time, this application does not include the design of the gate. 01:19:49 Larry.Drake: No, just an exit from this point 01:20:20 Icasa_v62ar2c: Where was the original access point relative to where this access point is. 01:20:57 Larry.Drake: Thx 01:22:04 Icasa_v62ar2c: For the purposes of safety and security, can you assure us that gate height will be as tall as the existing wall height? In -Person Comment/Response Q: What is the property to the east of Mediterra East A: That is a utility easement Q: Is this exit only or will this be an entrance/exit access point A: The entrance is being permitted to be able to function as an entrance/exit, which will allow a second point of entry for emergency vehicles only, which is a major justification for the project. The Mediterra community will have the ability to leave the entrance gate non -operable, which is the intent, so it would be an exit only function for residents, delivery drivers, maintenance etc. The functionality for entrance for all would be there if the residents ever decided to allow that in the future. Packet Pg. 143 3.B.g Page 13 Comment: Community member states that "the functionality is there but it was mentioned at an earlier board meeting that it could be changed to entrance/exit without any voting from membership or anything like that so we might as well plan on it being entrance exit" Q: I would like to know what the materials being used for the buffer will be and also the height of the walls. A: That is still being designed and it is pending owner approval which is the Mediterra Community. The majority of the buffer will not change except for the gate area, a lot of what you are seeing is additional landscaping being planted. Q: Allison Wescott: how much land is there. Q: Pat Roberts: I have a long-term question so we are looking at this road and we all know that eventually that road is going to go to 1-75, we just know, is going to continue to grow so we have the apartment complex on one side and ours on the other. Has the city discussed what the city will do when we face the same problem there (at the new access point) turning left to the get into the neighborhood that we are now facing turning left onto Livingston. Have they talked to you about traffic lights, which they wont let us have to turn safely onto Livingston, has any of that been in discussion? A: The short answer is the traffic impact statement which analysis traffic is currently under review with o Collier County Staff. I can tell you a couple facts that are public knowledge. One is that there was a point w in time where veterans would extend to 1-75 before the on/off ramps. The talis park next door has built within space needed for that extension so that is not to say that is couldn't be done, collier has not given N up on that option but there has not been any discussion that the extension would come to fruition. o There are two vehicular drives available to residents of Mediterra. The two exits would solve a lot of the o turning movements that could be described as you experience them on Livingston. If that problem arises N C N turning left into the new access off veterans, you can simply go to the light, make a right, and go into the a other entrance so it provides options. c N O Q: Alberto Negro: this gate that you are mentioning, is this only available for people with their car N registered or is there another way this will work. A: there are a lot of different options for how to operate automatic gates, as of now with the plan for it to be exit only, it automatically opens for any vehicle that comes up to it, as is required for emergency reasons, but nobody will be able to get in the exit gate except for emergency vehicles that has a special entrance device. Q: Alberto Negro: so far, the gate will exit only? A: So far, that is the option that Mediterra would like to use, this application does show the option in the future to allow both so if the community decides otherwise, there are a lot of different technologies that residents could choose to access the new point using. Q: Rob Obler: Is most of the landscaping on county land, are they going to let us use that land for the project. A: The short answer is that the project is still under review with Collier, and we have had preliminary meeting with the county and they have verbally approved the idea pending final documents, the Packet Pg. 144 3.B.g Page 14 maintenance would be the responsibility of Mediterra but the county would allow it in that area if approved. Q: Please return to the overlay slide, so what does the red show exactly. A: The B/W photo is a representation of the new entrance pending final review, the red linework is what is there today so you can see the alignment of Celebrita Court going into the roundabout. Q: Why the proposed drive continues coming out of the roundabout in a southeasterly direction instead of just south. A: There are two answers to that question; first, is that the proposed drive actually does go further south than the existing drive so there is essentially more real estate gained on the north end with the proposed entrance, it grows that area along the house on the corner so we did push it (the entrance) down as far as we felt that we could with the understanding that the roundabout design is geometrically designed with the separation requirement of the three drives entering the roundabout in mind for traffic safety reasons. So to realign the drive further south we would have had to move the entrance so close to the other drive that is would have created unsafe conditions. Q: What is the impact on the first house on the corner A: There is no work proposed within the lot of that house, all work proposed is within the existing roadway tract and the common area tract to the south. The pragmatic impact of that area along that closest house is that the edge of the roadway will move further away from that house and there will actually be more landscaping between that house and the road. Q: Scott Thompson: (property owner of the house on the corner) I've started this in 2020 when the first survey came out and my response was this is a horrible decision, and we should stop wasting resources on this. I voted for every assessment of Mediterra and I moved here in 2008 and I've been a full time resident ever since. I sent an official letter to the board stating the impact to my neighbor and myself of our home values and the impact that this is going to have on our homes and I was listened to but nothing really happened. We have had no choice but to at least have an attorney take a look to see if this is feasible or not and whether the planned unit development can do this or not and we will have a little more on that later and I am being as professional as possible and I would think that any of you, which if this happens can happen to any of you would be in the same situation that I am. I bought in the back of this subdivision and yes, there was an old construction drawing that had an access but that was never part of it. I bought in the back of the subdivision because is was private and I knew that there was never going to be anything like this which (the proposed access) now goes right through my front yard. A: we will take that into consideration. Q: Mrs. Thompson: Can you go back to the picture of the gate please, so what goes on either side of the pillars, that just shows there are trees. A: I would chalk this up to detail on the rendering that may end up being a bit different in reality. Currently the wall is proposed to extend to either side of the gates. Q: Mrs. Thompson: So when are we going to see that is truly happening because that is not the case in the picture (referencing small gapes between the pillars and the proposed wall in the rendering). r- 0 N M O O O N O N J a 0 N 0 N Packet Pg. 145 3.B.g Page 15 A: the construction drawing submitted to Collier County do show the wall extending from the existing wall to the pillars on the gate. The only break in the wall that is proposed is the gate itself. Q: Mrs. Thompson: have you looked at gates because I am going to tell you right now, every child that is thin slides underneath all these gates in all these communities to go fishing, to meet up with their friends and I will tell you that we have one of them. We have told him not to do it, but they make their bodies completely flat, and they get under every single wall possible. So, unless that gate is going to come all the way down, people will be doing this. A: acknowledged, the final design of the gate is not complete, and we will take that into consideration. Q: Pat Roberts: did you not say earlier it was planned to have two gates with a center pillar and this isn't representative of what is planned. A: that is correct, the current construction plans that are submitted to Collier County show two 14-foot gates with a pillar in between. Q: Pat Roberts: so it is much wider than what we are looking at correct? A: It is not much wider than what we are looking at. Q: Isn't there a reason why the access is in the spot that it is, such as an electrical box A: The factor that influenced the alignment of the access the most was the Counties requirement for traffic safety issues as they pertain to Allura, although it did work out because there is a county lift station there as well. Q: Jerry Garland: if this is county land and it is our expense to upkeep it, how do you permit homeless encampments from showing up, because everybody has a right to that area. A: That is not under the purview of our plans. I can't speak to what they (the county) would or would not allow in the right of way. Q: Is the wall on that line A: the wall is 10-20 feet behind the Right of Way line. There is some private land between the wall and the right of way Q: John Handy: Do the homeowners get to vote to approve this project as part of the development application? A: The County is the decision maker on whether the plans are approved. Whether the project moves forward or not is the Communities decision. Q: Ron Stovash: Why can't the wall just be higher than the pillars of the gate to provide security. A: This application does not have the detailed design as part of it, there are options, and the design is still under review. Q: Mrs. Thompson, when you say the community's decision, just refer to it as the board decision because we have zero say in this. Packet Pg. 146 3.B.g Page 16 A: The contractors and consultants are retained by the Mediterra Community Association, the relationship between the association and the community is out of our scope. Q: After the county approves the project, how much input do the people directly impacted have and can we sit down and have input on aspects such as tree selection etc? A: That is not a decision that we don't make those decisions. We make decisions based on the client, Mediterra Community Association. Q: Has there been a meeting set to review application and can the submitted application be viewed anywhere A: The plans are public record and can be viewed through the CityView Portal. No HEX has been planned yet. Q: Who will pay A: The community will fund it, no official plans have been decided Q: How is this work today and in the past being paid for. A: The work is being paid for by the Mediterra Community Association. Q: What will happen to the existing sidewalk? A: The sidewalk will be moved from the existing position. A: The corner property will gain 20-30 feet of front yard because of the proposed changes. There is no construction or demolition proposed on private land. All work is within the existing roadway tract. Q: Mrs. Thompson: question regarding the length of the corner driveway and also about how they plan to match the cement color of the driveway, question regarding what the construction will entail for her private property and if she needs to give permission. A: These are code minimum construction drawings, that is a construction item that is out of the scope of our work, construction on private property would require your permission. Q: Why can't we have a guard house at the gate. A: That question was contemplated in the initial planned stages however there are county codes that make that geometrically difficult, further construction and impacts would happen in order for a guardhouse to work. Q: Is this where the original PUD Masterplan showed the access point. A: The plan was conceptual; however, the access is located in the same general area. Q: Why can't the county create an exception to allow us to have a manned gate. A: The county advised us that a manned gate would likely not be approvable. Q: Can we expand the project area to include room for a possible gatehouse if it is allowed by new staff in the future? Packet Pg. 147 3.B.g Page 17 A: Noted. Q: Is there a signal proposed for this project. A: there is no signal proposed for this project. The traffic study did not show that it was warranted. Q: what happens to existing monument on Celebrita? A: The monument will be relocated to the new island which is slightly shifted. Q: How will trucks be able to get around this turn off of the roundabout? A: Whatever can navigate it now will continue to be able to navigate it, the changes are compliant with the County requirements. Q: Where will the monument go/look A: That is at the prerogative of the Mediterra Community Association. Q: Will there be a time where designs are less conceptual that the com m Lnity can give input? A: There are no more required informational meetings although the public hearing with the Collier County Hearing Examiner is open to the public and the public can attend and provide input. There will be public notice for that meeting. Packet Pg. 148 3.B.g AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance J (Si tyre Applicant) State of Florida County of Lee The regoing Affidavit of compliance was ackn edged before me this 2022 by Ttaw _Ij - --- known to me or who has produced 0 I ('1 atuce of Notary Public) 164flv) A Printed Name of Notary G tNIM Procedures+AiTdavit Of Compliance - NIM Oct2010 Doe t day of , who is personally as identification. (Votary Seal) KrWW Abraham Notary Public Stage of Florida Corm" NH102345 dues 3/9/2025 Packet Pg. 149 3.B.g Publication Date 6/27/2022 Ad Number GC10904074 Publication Naples Daily News Market Naples Delivery Method Email Number of Affidavits Needed 1 Customer Name Morris Depew Assoc Customer Phone Number (239) 337-3993 Customer Address 2914 Cleveland AVE Fort Myers, FL 33901-6003 Account Number (If Known) AP-538614 Customer Email BSchleifer@m-da.com Your Name Marita Froimson Email Address mfroimson@gannett.com Packet Pg. 150 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 MORRIS DEPEW ASSOC 2914 CLEVLAND AVE FORT MYERS, FL 33901 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. 6/27/2022 Subscribed and sworn to before on June 27th, 2022 otary, Vep,res: aunty Brown My com5. . nA PUBLICATION COST: $1,008.00 AD NO: GC10904074 CUSTOMER NO: 538614 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD NANCY HEYRMAN Notary Public State of Wisconsin 3.B.g Packet Pg. 151 C1 m M (lad SS303V uv-1n3lH3n ` MM31la3W - LOZE0001,UZ-1d : OZOVZ) =l 1N3WH3VIId :IU8WLl3L'UV C (13 Li') (1) C 1 }' a >) cn a " ) V) � 1 a) Lo -0 -f -- C a) N O E a) +O C C + a) > a) *� � O Q C .j N Qa >�m C cz -0 +� .0 C) O Y a) U _0 cz CV r 4-O cz > U p O 0) CAN CD a) a) OJ C C cZ CD 0') a �U NCO a) Lb L)� O CQ � L) a0 O- C +J cz ) a O O CZ +� U) C C� a)n U) r*-- 0CVc a OUj V U) O_ NO a) 0 U +-' — U Z3 cz a N E zW (� U L O O Q) i i C C Q >, a) vi r N O U i cz' U _ C Q co O O-0 ° j-E N U 0 a) C i= ca a) u) " U O U a C +) E O N O > U) a) > a M a) +j C� LL aC MLo a) N� a) �0 C a) p z *k co '� a) > a) +� E a) > c� C W O C = ° mQ CZ 0 -0 a) a) i a UO U _ O 0O `� > O.— Z C a) _ N >> U c� `� a) O > ° CI) a) ate) ° cz a ° cn C ? cz An 0: �a4—��c�c��oc�U �UU U U 0 0 cn N O W m a. c O cz �'>�c� z<Z���"-°oo--EQ wvim)` am U-0a)a)a a)o°c _Cv a O I—(nC a or E cn E O cz a) p UQn -O Q) W_ �> 00 nn 0P C) cz N•U =- a E U a rcz (n f i CT3 O i ,} C Ix -. C` Q- a) ° cY) { ! ) C) M �N cn a) U p cz O ice, In ' 0 CCS U N Lo r C1 a d Y u m a Real Estate Naples. Isles of Collier Pre- WAN7Ea: ALL MOTOR HOMES a se a V,II.. Lwury 3 Br/ 26. WANTED AND CIts'd. AnnYy tlnd. �TL: "�sur I] i.le unlvrn Ar,nurl. Pvt Lanai w/ Ca1h Fald !sl•!lS-009f gaol a spa. Lg gar SSOpOr 32504O0 Wer�Sv-OHieasan uuls.AAil7/10.203 SU B90B. WE BUY CARS,TRUCKS,SUV5, WANIEOI AIR HV'R M-1 ��� fav! Spaclors {HRIiB, >- i Etc Arryshln9 Dum s You.- ,ywin. An "Oh.1I Wtr ter 6.draom th danbrm _®, S104w fam you. none Loyy ri Svnr day rasht M d. Eland • Krarh front ad •gsatain xwrh • lasrrh-ar,d 239 595.4021 W 1 ]F7-349e rondo au seaYaw CL ,+lent re4letl ppooOeL Aha mcludef e naM. minim 1monlh mgther•rvtaw sun4 Ir•st. Na 1a Hp Fm9aa$ 3 7517f27 � .� c.u4Yo-Mutas2l_, 1 SamHWired s+rPtr Inm,na lOyyp Corgltr HyhrW:7070 SfO1NGs,LxUM RHPMEf - Ihr N. Ngpin WIa [nmmani 5.YY5 origlri+l ml.l 01+ner, yes- RVa boat. nuts Cv.rrW ly F4rnilFled ham• 3r hr, rP^ ed, dater wrvird Ceres• snB+GY, IM6 NC ExkYO lanes+ W Pad•sPA ouedaw- n R kk1., bll snL all�weathH R39)w-0417 kiKhrn. .dv "''us, 32B•080.714.J27.317C _ yk, rrtrintrs Ydu[ � YPNm $Y nil Puvuy.n� "�" I77 nO�H+p1H, ] brkm, 7 h+, •� s . t, No l>l1s, Mnval rin}wmrn.d. - rV �C- - `r am-.3F�C y The School Board 1 Collier SLs591 t1 dndlt and �' Caunty, Florida, well aaeol f650R3 Mrs 3 h. 34104 ti� 5ealed Bids the Office f bFornlOBlv.d..SS brsde 47As$Sa0 Naples All newly remodeled s +�.ry - Ne D renor of Pu(rhaslte ot- Qaa12(A 57 jd kitfien w th Sta slot steel M )[tiles- " K Gliriolit eI bet, a.m, on the date not- mmeAer#mea+6gmellmm appliances through^utl w`� 370.1]1Kmi,, Idatk YWyy Small pet allawed, Brand p/jam ( • 4 exre$nnL Well m.7R ed below for S39Dn,manfh, 717 whr tree'" 1rlY'i'>.. lased �bsy, Me CeEn tsK. we env part n.Wv-i led hrenr-th Bnat Ukn For Rent Up to 4B' F6,SDB SE 23"9S 1717 22-113 Remodeled lstlhol, vn+I, allmFWNnnWt-or+Pn,llry Nns Tin CHy. Nrrkndge5 TITLE A tP bears a-WaterBM. Porsche 911 - 2o0t hrd Inp a N N4p of 5633 Tu(tk►6y'Dr, a nS beddmgand towels! YeePwalrr, HYrMaln. c v.2]K mi, sit er/bla[k. Prolessional5ervicesl i Purl bon YOur tpgh brrrlhl 13 1175-1144 v 5Categories Pans, C/t 739.7l14dk4, yy oSa5,000. 279.3a9.9t 7t OPEN Cir Games Agent Own+ BeFvtHYI IAt rlewl with Autometive sissy J, zozz dock and kdHksl Looking Bald X14Silver Spur LlBB wtrZ LHE hyR his a Perfmallblade eat.xwnl.nlml Scape I work and re9uire- ekly/monthly This won't kids 8 c+ryH. 621 prq. miles. Igt„p e tall Call L^rrie or RunsaY 339,500]aho Irtsp:lfwww.d sm�V! Sm ,ds�Lr.<Ri- Michael Y239-7]664960r ba51 dE3 la jUtJ Trade In tolw'der 340.513A 154 y�glpll�Tr/bldYa h3FEEL1l rrl 239-SBO-9472! Home Fi V6hiet6! 6g-�S++ffle iDlIS110-J477 L� pY AngHWWw 011leas4hpobp S l,p`Rpll r,q 1,5 ba. a 1 t1aLa3ii773 ar nil Iw-•t 34116 NepI dGa(tltn Gate, pA•TOP DOLLAR PAIDI Q35R77-00H7 as, DJI,reeds. pvmh, LAKETARK- 13-s n tree- for Classics Cars. Muscle L nsNRl113u. Farm "1. gar, laundly n. LR IV m elr,q„ refs req'd, Wes, 1,701i 3/2 Rental. Private 8 clean [ads, R Sports Cars. TNC SShaW Road of SR.' Guen Hw1e On 7,5 Call 239.571-fi7B3 (739)721-3000 r Gll6- COvnIY. Slerlde L�r BY-.IWru RamNA Pallas, Asrer In G.G. ESm:n _ yspgrlrtmedenl uate ae Scisoph front I-7i, 15 mrnrbm ABSOLUTELY ALL AUTOS >n OP It ma wd sew. IP Aulhmired Ly WYId Nna, sr, DRwnlewn mtl $er[h. Lola - Wanted! Dead Idive Top t mnr"f140.mA MY'xa a last MIN rl-1. Purthedey P}altK s/w fIP•Tmal FREE PICKUPI T79•'/fi5.61PO gar/g!. Nan SmekN Reg, - r„anrwd6lan.101 ]S6]Ori Hwna Q.39yNi1-1109 Gkealde 9aled.eam, N. Nefdef CLASSIC/VINTAGE CARS June 21, 27, July 3, 2022 1BR7 aA unf new II„or, CASH PAID, LOCAL BUYER Sea-Doo 201] GTX LimRed 5303776 a L 15691pp lL 7 L+r per. Dlr ANY CONDITION, 260.3 Seater, Tuned up last lakes i4mil-7 Paab, na yRtL CALL: 941-993 4060 l wl{h H+aIfA.lkYnd new I $SeDp 73t1.70B-SM57 Sk{ Cpw-Tral4 R MuHIPk y �y Q/'y�,pq� Sklurs+=Il,d,ad�,roHrsp,.d. WheeklReaeatlPn 1730$, ir7 ueiiufn. Radio d H iil V Id1 ST,iOD 060.5E T33.7Gi63, Llgnq 4an. Tdrd, w+pplx. ee �i�,." k`i�^rea'i �f1W ,neY<an,m,l I Fhtdyour-dawhere! PaaL Pat ak, R3912DG' 09 TW l o'li 4•.m oniln"ati8is .r. NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Ben Smith, AICP, of Morris-Depew Associates, representing Mediterra Community Association on July 13th. 2022, at 5:30 p.m. at 15755 Corso Mediterra Circle. Naoles. located in the club ballroom. The subject property (FOLIO #59960211948) is located at the southern boundary of Mediterra East, south of Celebrita Court, to the north of Veterans Memorial Boulevard and to the east of Livingston Road. The Mediterra Community Association is petitioning Collier County to approve a Planned Unit Development Insubstantial Amendment that would allow for a new vehicular access point connecting the Mediterra East internal vehicular circulation network to Veterans Memorial Boulevard. The Applicant has created a revised Master Concept Plan for Mediterra to include the proposed vehicular access, which will become the official plan following approval. SELL IT BUY IT FIND IT cars yard sales tickets antiques Moto' computers boats sports equipment pets instruments jewelry furniture auctions collectibles appliances cameras coins Place your classified ad today. . Pu blfc Natices WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the project team and Collier County staff. If you are unable to attend this meeting, but have questions or comments, or would like to participate by Zoom, please contact Ben Smith by July 13th, 2022 by phone or email at: (239) 337-3993, Morris Depew Associates, 2914 Cleveland Ave, Fort Myers, Florida 33901. ,%MJfl 9im- da.com 3.B.g ti 0 N M O 0 0 N 0 N J a 0 N 0 Ict Business & Service Directory TLU loadverlise,email: Sarvl-Dlreclory@neplesnews.com or call: 239.263.47QG y s; ti is s41111 1{1 ABSENTEEHDMECARE Inc• Hlldy`s C ugivt Nueded • hdsan r 1 Miu. Hone t Cins, Unfor ttable Massa 1 Q Handyman, Rental Cleaning, $FjWFtrmeM f�wWUWli,me r Pressure Waking. Ham. 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(239)596.3928 CALLTODAY MASSAGE THAT WORKSI - S4 FOR FREE CONSULTATION I COME TO YOU! _ (239) 919-6739 LUK BALTIE CONSTRUCTION - hhw. Frown within Li, MA7317 239.601-7600 �� ' We Can vi Yuur a d HANDYMAN SERVICES Halm. Leal Uk.N[V/Aq,� - Still Irwh rmm Cnira94 y wRh Pur Prolml0nal n i OUil6nR slpuCss,vt she n10 r e �rr xkrr 61fi Ossis M Trail North J%iF a5%/sett• Llr1/f. SbM[a F.Ypuls. gil•Ipa4d Y NV W aL mawWr am,am, wA 1:-64.nkn 4D for Fm EaumaSe. tiers, allsrrri lelM YMM286S] y� lnaatM1- r.pnq m htlp y t°'^' GII 239-23B-071] YYE Fil,S rNVE7lfPRYI 13P.7{C.7377 LISA'l OG-- nelpn ball won ar,yeP;Mu ry"�^n, �`'^`� uiH PAW. New I ID dal E•n�.•tm. BtsyGp SaUdection aw es veil horse im 111 er,t nr ds W:`.I:ini, w Corot lrmks; Scny Geld, Lkwwr H4YssY ILWIh C. Claanfnyp 3ervin Feel free 10 call or tealelo, lea roz �u rm `aii Ths lgAlfmna FJPnulan stsrllnq'YI6enYue, - Ald m C*nlFk" Nrwklg 273•A153 your her en,mate today Irwl WRI M.NRYOW Tsndan Aw 1 D"'"d^df, lv'urY Wa'fl'� Avlst.nt serhf work eL 23 i ® (fi30f6]0-064d „' Tradln Career PrIYee6 r-Yr.glYer. www LuaOalhe:rom SCREEN REPAIR MM2N51 Q303 kl2�Ma Mlow bHtrYgr rrsL MrfW Ciludirl sus lB 10•rN SNOWALTEK YuP Dallis PORT. Years Y03125. !,a )717-3811 _ apedrnv. HlB Ny Electrician -Retired -Vet .i OII Rott 33!•lftABTf ModYated. Ctn[h dIn CPR Li Bm.u-Farr Raas. SCREENMACNWFpn.w. R.,Inc TUTTLE SCREEN Ofillgwen free wd4 aHnt Ald. CArr weak Week Sen:v, D,scounr, 17 YNff Erp.6- REPAIR Free Estimates. a„u Nights, l Y/eek.ndA. Call or Teas 239-961-5694 fops$75.00 x 9 6112 93 (239) 649-8695 THE FRAME UP atg9, Sit, 34L10 IN.faM�11 !-it, i Ill Sides 550.00 HaYla. Oldest B Besl a a riv. r 6•.l wt.,w C'I CFwdlna 23!•560 ".. 239�SV-3f2H �� Picture Framing S,YI tk Ia KH.I/IItINHs F. Tram. -A Reid a, Inquire about our N.. Locati n w �} GII Tram 23442163S3D Imglile srrc Oest M-9. In N.Pk,st G wa teedmarenwJn Kaneen 550 loth St. N. YMMUN YMMIM7 f`• f �- Freapuate story -Lk 706010]8 nil lesirameu CPT R391451-SOet P P' johns s Affordable c$eIN'Buvlar Bwew rateda I • FREE ESTIMATES' (239i261-4413 e�,�1 Y Cdnplete Body Massag< 'YY F ' - I LEAKS 6 NEW RODiS POWef washing �- 5o51 Costelb 0U.SWte 230 Cal1+239-673-Y434 Packet Pg. 153 o-.I S.�r�� �- 'i ]inRwn,irwi lr•r'-.e•,r `YMM5796, Gina 239.465.3309 r-I N. '� .'x�• Liex 1251414 Ln m � T M O7 (1)0- m Ln O a) cz N U) C\j N O - 0 N V . � � Q T W O 0 ; cz O � � O O 0 U Quo 0 U) W U _ — Z �4_ E OE O �CnU( OZOVZ) =1 1N3WHOVII ' :;uauayaeUV 0 U > -0 o cn � O }' N O U O N > 20 O 0 = 0 0U 0 c > cz 0) 2DUDE�.o�-0"o CZcn O O -0 QC O OE-Z � CZ CZ a)0 Q� a) U cz cz ^N� c�}, U cz cn N— _ � O O N czcz i % � Np 0 U 0 U O O 00 O j— N LO a)>> +� a)> N N a)N + O = 0 0 J z m M M� O U 0�.�E������ LL 4 i E c �O +� (Z i— " w O MU O 0 0 0 N m o--E N 4 2 0- 3 O U P C a)o- E O > O cz M CU N L D U Z 0 LU I (1) M O i /LO ,it VJ o _ a � �� a _0 MN a ��N Od') 0�N� 0 �� + co U O 0 cp a) 4-1 Cn L- O O O }, Om< C 0��� cz >, cn �N _O � O N > 0 ��N•U �o�(n U Q CZ cz m Qcn cZ i M0 > O }, rn U � � O O .4? 0 c7 QO �� O Qico Q 0 O co vim C'7 cz N N U �_ 00-0 U CZ U Ec6 m Qo O-o MORRIS/ F--J 2914 Cleveland Avenue I Fort Myers, Florida 33901 3.B.g DEPEW - Phone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS Notification of Neighborhood Meeting PUDI Amendment 6/22/2022 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a Planned Unit Development Insubstantial Amendment for the following described property: The project site is located at the southern boundary of Mediterra East, south of Celebrita Court, to the north of Veterans Memorial Boulevard and to the east of Livingston Road. The petitioner is asking the County to approve this application to allow development of a new vehicular access point connecting the Mediterra East internal vehicular circulation network to Veterans Memorial Boulevard. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of the proposed improvements and to give you an opportunity to comment and influence the form of development. The Neighborhood Information Meeting will be held on July 131", 2022, at 5:30 pm at 15755 Corso Mediterra Circle, Naples, FL 34110 in the Club Ballroom. If you are unable to attend in person, the meeting will also be available through Zoom. Please contact us at the email below if you would like the Zoom attendance link. At this meeting, the petitioner will make every effort to illustrate the proposed improvements related to the new access point and to answer any questions. Should you have questions prior to the meeting, please contact me. Sincerely, Ben Smith, AICP 2914 Cleveland Avenue, Fort Myers, Fl. 33905 (239) 337-3993 BSmith@m-da.com Packet Pg. 155 3.B.h HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup c materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY a - WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM w AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE v STAFF REPORT] Q Q J D B. Backup provided by Applicant: w PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY > DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE W BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE LU APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. w Application, to include but not limited to the following: ti Narrative of request 0 M Property Information 0 o Property Ownership Disclosure Form r N Any other documents required by the specific petition type; such as a variance, a boat a- dock extension; PUD amendment, rezone request, etc. N Disclosure of Property Ownership Interest (if there is additional documentation aside from 0 disclosure form) N/A Affidavit of Unified Control z N/A Affidavit of Representation = Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with U Water depth, location maps etc.) t— Q r NIM Information (Sign in sheet, notes, minutes and transcript/or summary) c E ✓ Include 3 thumbnail drives of video and/or audio r r N/A Traffic Impact Study (TIS) Q N/A Environmental Data N/A Historical/Archeological Surveyor Waiver N/A Utility Letter Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\obNdesorHelp Guides Packet Pg. 156 3.B.h Boundary Survey Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. Submerged Resource Surveys may be included here if required. CD with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. November 28, 2022 Signature of Agent Representative Date Ben Smith Printed Name of Signing Agent Representative d w U U a a J U_ x w a w t- 0 w ti 0 N M 0 0 0 T- N 0 N J IL 0 N 0 1* N Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\lobAides or Help Guides Packet Pg. 157 Coder County 3.B.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 — 2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED Name of Property Owner(s): APPLICANT CONTACT INFORMATION Mediterra Community Association Name of Applicant if different than owner: Address: 15735 Corso Mediterra Cir City: Naples Telephone. (239) 254-3040 Cell: E-Mail Address: billb@mediterraca.com Name of Agent: Ben Smith, AICP Firm: Morris-Depew Associates Address: 2914 Cleveland Ave Telephone. City: State: Florida ZIP: 34110 Fax: 239-254-3045 Fort Myers State: Florida ZIP: 33901 (239) 337-3993 Cell: E-Mail Address: bsmith@m-da.com DETAIL OF REQUEST Fax: On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/14/2022 Page 1 of 4 Packet Pg. 158 cAerC014"ty 3.B.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net PUD NAME: Mediterra FOLIO NUMBER(S): _ 59960211948 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION ORDINANCE NUMBER: 2001-61 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑■ Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑■ No If yes, in whose name? Has any portion of the PUD beenFM-] SOLD and/or ❑■ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes ❑■ No If yes, please describe on an attached separate sheet. Revised 3/14/2022 Page 2 of 4 Packet Pg. 159 Comer County 3.B.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application Meeting notes 1 ✓❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ❑ Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits ❑ ✓ PUD document with changes crossed through & underlined ❑ ✓ PUD document as revised with amended Title Page with Ordinance # ❑LJ ❑ Warranty Deed IV ❑ Legal Description 1 ❑ Boundary survey, if boundary of original PUD is amended ❑ If PUD is platted, include plat book pages ❑ ❑ List identifying Owner & all parties of corporation 1 ✓ Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 % in. x 11 in. graphic location map of site 1 ✓ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. ti 0 N M O 0 o_ N O N J a 0 N O N Revised 3/14/2022 Page 3 of 4 Packet Pg. 160 cAerC014"ty 3.B.h COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑✓ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams and David Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson TT Other: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Mediterra Community Association Applicant/Owner Name (please print) 3-31-2022 Date ti 0 N M 0 0 o_ N 0 N J IL 0 N 0 N Revised 3/14/2022 Page 4 of 4 Packet Pg. 161 CoAer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: PUDA Date and Time: Tuesday 12/21/21 at 3 : OOPM Gabriela Castro Engineering Manager (for PPL's and FP's): Project Information Project Name: Mediterra Community Assoc Vehicular Access (PUDA) PL#: 20210003207 Property ID #: 59960211964 Current Zoning: Mediterra PUD Project Address: City: Naples State: FL Zip: 34110 Applicant: Jack Morris, P.E.-Morris-Depew Associates, Inc. Agent Name: Same as above Phone: 239-337-3993 Agent/Firm Address: 2 914 Cleveland Ave. City: Ft . Mvers State: FL Zip: 33 901 Property Owner: Mediterra Community Association, Inc. Please provide the following, if applicable: i. Total Acreage: Proposed # of Residential Units: Proposed Commercial Square Footage: For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page I 1 of S 3.B.h Packet Pg. 162 3.B.h Coffier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https;//www.colliercountyfl.gov/Home/ShowDocument?id=75093 - Cc -pc T -Ecc N tse. r Piny-) QY' b C r�(A-1 �I�;n � � C6 k) Aa' J -tom �� _ �/4WZZLIWA 16T:l 0 N M O O O N O N J a O N O le N If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(d,)naplesgov.com Allyson Holland AMHolland aQnaplesgov.com Robin Singer RSinQer(a�naplesgov.com Erica Martin emartin naplesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 2 of 5 Packet Pg. 163 3.B.h Cots County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes A l(,'� �' 'p 1 Lil AJ V J "L) 6 V'� !4'LIL� ►V L R.r (3 - .a.t- i -T4.'V' n.K?4)(,:1- wiApA. �l� S'�wy.Qn� - �rt:Z /�iTfich-eO e--'KML VOyi S AAQg. 4 L — �vLf? �(, />2i;:c: ;✓ — /)%�i �'n��, 2c:�rK�z rn� gZe 4' S 42- UZ P,,-k>..e- C ^f►v��SC Pt - �ffvL�- 6 tH�l¢1c,, r � �1AJ.,1,- 06- Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of S Packet Pg. 164 3.B.h ThomasClarkeVEN From: FaulknerSue Sent: Thursday, December 23, 2021 3:32 PM To: ThomasClarkeVEN Subject: Pre -Application Meeting PL2021003207 - Mediterra Community Association - Vehicular Access (PUDA).docx Attachments: Pre -Application Meeting PL2021003207 - Mediterra Community Association - Vehicular Access (PUDA).docx Follow Up Flag: Follow up Flag Status: Flagged Hi Thomas, Here are my pre-app notes for Mediterra PUDA PL20210003207. Sue 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. 0 a Cn w U U Q Q J D U_ 2 W Q w 0 w ti 0 N M O O O N O N J a - CD N O N 1'" Packet Pg. 165 3.B.h Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note - link is https://www.colliergov.net/Home/ShowDocument?id=75093. Comp Planning: Pre -Application Meeting PL2021003207 - Mediterra Community Association - Vehicular Access (PUDA). Pre-app meeting was held at 3:00 PM on December 21, 2021. The subject site is 1,168+ acres. The site is shown on the Future Land Use Map as Agricultural/Rural Designation and within the Rural Lands Stewardship Area Overlay (RLSAO) "Open" lands. It is zoned as Agricultural/ Mobile Home Overlay/RLSAO. The applicant would like to obtain a CU permit for sand mining for these 120 acres, there was already a CU previously issued for the original acres of Stewart Mining. No apparent Comprehensive Planning issues: Applicant needs to address on a separate blank gage the following if applicable: • Compliance with the FLUE/FLUM Rural Lands Stewardship Area Overlay (RLSAO); Compliance with FLUE Objective 5 and its applicable policies, esp. s/s 5.3, 5.6 (GMP consistency clause; LDC compatibility & complementary clause); Compliance with FLUE Objective 7 and its applicable policies 7.1 through 7.4 (Toward Better Places - Community Character Plan); Contact Hendry County Planning Dept., as neighboring Comprehensive Plan has been updated since this Conditional Use was first approved; Hendry County has plans to allow for development immediately to the north, and notification to them & informing them of your plans - along with their review and comments - is important to both jurisdictions, and the applicants. Provide a narrative statement to explain changes in property/operation/activities since previous Conditional Use approval. Revise Mining Plan. (and elsewhere land uses, acreage figures etc need to be revised) to correct & bring current. Include any changes affecting reclamation plans. Review all site plans, reclamation plans, written documents, etc., as they require updating, and/or need relabeling to show current FLU designations. Check throughout, also, for accurate zoning designations, and so forth Please feel free to contact me with any questions (239-252-5715) Sue Faulkner, Comprehensive Planning Principal Planner 12/21/2021 Updated 7/24/2018 3it, 9, Page I A-6f-5 ti 0 N M O O 0 N 0 N J a O N O v N Packet Pg. 166 3.B.h ThomasClarkeVEN From: SawyerMichael Sent: Tuesday, December 21, 2021 10:51 AM To: ThomasClarkeVEN Subject: RE: Pre-App RESEARCH for Mediterra Community Association -Vehicular Access(PUDA) - PL20210003207 - Tuesday 12/21/21 at 3:00 PM Follow Up Flag: Follow up Flag Status: Flagged Thomas, I'm out of the office this week. Please provide the following pre app notes and let me know of any questions or concerns. Please provide the following pre app meeting notes: For this petition request please provide a letter of no impact TIS Waiver; (separate letter on letterhead requesting the waiver based on deminimis transportation impacts). Please include no additional development is proposed beyond what is currently provided by the existing ordinance and that the access was previously allowed -shown on the master plan and that all access management standards will be meet at time of SDP -Platting. Please let us know of any questions -concerns. Respectfully, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer(abcolliercountyfl.gov From: ThomasClarkeVEN <Thomas.Clarke@ col liercountyfl.gov> Sent: Monday, December 20, 2021 12:10 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Bea rd@colliercountyfl.gov>; BrownCraig <Craig.Brown@colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov>; OrtmanEric <Eric.Ortman@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; ImpactFees <ImpactFees@colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; HansenRachel <Rachel.Hansen@colliercountyfl.gov>; AshkarSally <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: CastroGabriela <Gabriela.Castro@colliercountyfl.gov>; SaboJames <James.Sabo@colliercountyfl.gov>; KlopfParker <Parker.Klopf@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov> ti 0 N M O O 0 N O N J a 0 N 0 �� Packet Pg. 167 3.B.h ThomasClarkeVEN From: BrownCraig Sent: Tuesday, December 21, 2021 7:39 PM To: ThomasClarkeVEN Subject: RE: Pre-App RESEARCH for Mediterra Community Association -Vehicular Access(PUDA) - PL20210003207 - Tuesday 12/21/21 at 3:00 PM Thomas There are no Environmental Data requirements for this request. Craig Brown Senior Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Monday, December 20, 2021 12:10 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard @colliercountyfl.gov>; BrownCraig <Craig.Brown@colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov>; OrtmanEric <Eric.Ortman@colliercountyfl.gov>; FeyEric <Eric.Fey@col liercountyfl.gov>; ImpactFees <ImpactFees@colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; HansenRachel <Rachel.Hansen@colliercountyfl.gov>; AshkarSally <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: CastroGabriela <Gabriela.Castro@colliercountyfl.gov>; SaboJames <James.Sabo@colliercountyfl.gov>; KlopfParker <Parker.Klopf@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov> Subject: Pre-App RESEARCH for Mediterra Community Association -Vehicular Access(PUDA) - PL20210003207 - Tuesday 12/21/21 at 3:00 PM Good Morning All, Please review the attached Zoning Pre-App Research for _Mediterra Community Association -Vehicular Access(PUDA) - PL20210003207. The virtual meeting is Tuesday 12/21/21 at 3:00 PM- SKYPE/Bridge Call Let me know if you have any questions. Packet Pg. 168 3.B.h ThomasClarkeVEN From: TempletonMark Sent: Tuesday, December 21, 2021 3:40 PM To: ThomasClarkeVEN Subject: RE: Pre-App RESEARCH for Mediterra Community Association -Vehicular Access(PUDA) - PL20210003207 - Tuesday 12/21/21 at 3:00 PM Hi Thomas, My only comment on this one is to make sure the updated master plan labels the required perimeter buffers. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Cotier County Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any pennit, plan, project, or deviation from the Land Development Code. From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Monday, December 20, 2021 12:10 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beardl-aurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig <Craig.Brown@ col liercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov>; OrtmanEric <Eric.Ortman@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; ImpactFees <ImpactFees@colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; HansenRachel <Rachel.Hansen@colliercountyfl.gov>; AshkarSally <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: CastroGabriela <Gabriela.Castro@colliercountyfl.gov>; SaboJames <James.Sabo@colliercountyfl.gov>; KlopfParker <Parker.Klopf@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov> Subject: Pre-App RESEARCH for Mediterra Community Association -Vehicular Access(PUDA) - PL20210003207 - Tuesday 12/21/21 at 3:00 PM Good Morning All, Packet Pg. 169 3.B.h Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20210003207 Collier County Contact Information: Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard @colliercountyfLgov NK Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov V" Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfl.gov P Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov Rachel Hansen GMP — Comprehensive Planning 252-1142 Rachel.hansen@colliercountyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov 11 John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov Parker Klopf GMP — Comprehensive Planning 252-2471 Parker. klopf@colliercountyfLgov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com ❑ Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com Ll Diane Lynch Operations Analyst 252-8243 diane.lynch @colliercountyfLgov Ll Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 170 COMY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 3.B.h Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek. perry@colliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ZMark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 1 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov Daniel Zunzunegui North Collier Fire 252-2310Danie].Zunzunegui@colliercountyfl.gov ��ii✓'✓ SIN\�a l3a:ti�Ahr Additional Attendee Contact Information: Name Representing Phone Email JA� ' iAXL1-JVe- "SS 4 n1 � � 6 to h \�o.v �A.�• � w u� �(jL�/ e ' n T Updated 1/12/2021 Page 1 5 of 5 ti 0 N M 0 0 o_ N 0 N J a 0 N 0 1* N Packet Pg. 171 3.B.h C o Ter County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20210003207 — Mediterra Community Assoc Vehicular Access(PUDA) Planner: Nancy Gundlach Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Jack Morris, P.E. — Morris-Depew Associates, Inc. • Agent to list for PL#collier Jack Morris, P.E. — Morris-Depew Associates, Inc. • Owner of property (all owners for all parcels) 59960211948 Mediterra Community Association, Inc. 59960211964 Mediterra Community Association, Inc. • Confirm Purpose of Pre-App: (Rezone, etc.) PUD Amendment Application • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): No new units proposed. Existing community approved for 950 single family and townhome units in Lee and Collier County. 550 residential dwellings within Lee County and 400 residential dwellings within Collier County. • Details about Project: The community is seeking to restore a planned entrance to Veterans Memorial Blvd., east of Livingston. The original PUD Ordinance 2001-061 MCP approved a vehicular entrance at the proposed location on the south end of the southerly roundabout. This was subsequently removed via an insubstantial amendment (PDI Res. 4-11, 2001-AR-5337)) and never constructed. The increased congestion on Livingston since 2001, and the planned improvements to VMB have caused the residents to revisit the need for this entrance to promote the safety and wellness of the residents and emergency vehicles. REQUIRED Supplemental Information provided by: Name: Ben Smith — Morris-Depew Associates, Inc. Title: Director of Planning Email: bsmith@m-da.com Phone: 239-337-3993 Cancellation/Reschedule Requests: Contact Connie Thomas -Client Services Supervisor Consuela.Thomas@colliercountyfl.gov Phone:239-252-2473 IL wrAV - Created April S, 2017 f Location: G:\CDES Planning Services\Current\Zoning Staff Information Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • wtiwir.coliergov.net packet Pg. 172 Coer County 3.B.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: m F Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ierceniage oT stocK ownea by each: Name and Address % of Ownershin If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CI LCI Rd9C UI inLtI tbL: I Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 173 Ale'r CCounty 3.B.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 9 e. f. 9. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e11e1d1 drlU/Ur MT111teu partners: Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the L '1111,C1 J, 'Kul- IIVIVC1 J, VCI ICI Iud11CJ, ul PCPI UICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of 1R-1=1 J, 11 d L.ulPul dLlul 1, Pdl U1e1 bl lip, V1 L1 UbL. Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 H z w x U Q H H a E w a Packet Pg. 174 Coffier County 3.B.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: . or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 ti 0 N M O O 0 N O N J a O N O le rl Packet Pg. 175 Cofer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http_//www.colliercountyfl.gov/Home/ShowDocument?id=76983. 3.B.h REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 Er ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 0� ❑ Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 1 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ Statement of Utility Provisions - �lcaiu- ,-o f,-,c- F:t 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ Er Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ 2 Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study i%s L,�,g,,,�.—1_47te#_ of n►o ZAkP&C- - �,& i,, i s 1 ❑ Historical Survey 1 ❑ Q School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page ti 0 N M 0 0 o_ N 0 N J a. 0 N 0 1* N March 4, 2020 Page 9 of 11 Packet Pg. 176 Co*,r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 3.B.h Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ �/ �I ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Ll Exhibit B: Development Standards ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description C Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO RIF anuTFn Tn THE MI I nwwc; RFviFWFRc- ❑School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION I Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre P<�PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Q" Comprehensive Planning Consistency Review: $2,250.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 177 Co*.r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 ❑ School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. 3.B.h *Additional fee for the 5rh and subsequent re -submittal will be accessed at 20% of the original fee. o N M O O O N Signature of Petitioner or Agent Date J d O N O Printed named of signing party N March 4, 2020 Page 11 of 11 Packet Pg. 178 3.B.h Mediterra SE Access PUDI Project Narrative, Detail of Request, and Growth Management Plan Compliance Revised July 27, 2022 Mediterra Southeast Access Insubstantial Planned Unit Development Amendment Project Narrative, Detail of Request, and Growth Management Plan Compliance Project Narrative and Detail of Request The residential development known as Mediterra is comprised of land within both Lee and Collier Counties, with Livingston Road bifurcating the development into east and west portions. This request focuses on that portion of the development within Collier County on the east side of Livingston Road (Mediterra East). In 2001, Collier County approved Mediterra as a Planned Unit Development via adoption of Ordinance No. 01-61. At that time, the PUD Master Plan showed an access point at the southern boundary of Mediterra East connecting to what is now Veterans Memorial Boulevard (VMB Access Point). See Figures 1 and 2 below. Figure 1: Original 2001 PUD Master Plan � s mae�au.�v mnEm �oeo ec w-.ci:a� rPlgH14ALE O]L., Pw4� .@OJ F. �BRBNC 9+iP616 �006 K�v E g� lMl(GIdI POd09or/ SIS NTIi NEB 116]8 P Packet Pg. 179 3.B.h Mediterra SE Access PUDI Project Narrative, Detail of Request, and Growth Management Plan Compliance Revised July 27, 2022 i LAND t�SE M ACFES Q F1ERDEkTOLULLCER SALES CENTER} 308A cza � T4 YACE CsKniR 2" N FECFEaTA, OPEN SPACr- GOLF, PARK. MW EASEMENTS AND lesaiy 217-2 000D ROW 314 LNNIaSTcH ROAD ROW 57.$ TOTAL AREA %ryg GUFJk 1E= it nE L-MATTMI /M9 i Wlgml►IOMt CI PKTIK 'Ut, KCtCArTpy CKk Siµ'{ GCU, Krr"t LM[ I+E•S µ0 FIL+�TS Oi W- AK LOICEPF Lm%.v twMm 4RE04 IIIR ILL4iS—IIIE L AND MIT SUBJECT :C 0"HrE VL*W riwu of slcr —0 Ko4jT,IwG s.tw CMAK.(S V"LL MOT x CUMIVERCC A7 A SUISTA%IIAL .'[YIATIOk 11I TIE IMSMG AW[W)IT VASTER 1,W Figure 2: Original 2001 PUD Master Plan Cropped for Mediterra East P Packet Pg. 180 3.B.h Mediterra SE Access PUDI Project Narrative, Detail of Request, and Growth Management Plan Compliance Revised July 27, 2022 However, three years later, in 2004, Collier County approved an insubstantial amendment to the PUD (PDI Resolution No. 04-11) which, among other things, removed the VMB Access Point from the PUD Master Plan. See Figure 3 below. o ug awuar �rr�.0 eu�csnaa w wc� PO pROEa1PlORi 9�CE.DAF. PNR a�3 Figure 3: 2004 PUD Master Plan Through this application, the Mediterra Community Association ("MCA") requests that the VMB Access Point be re-inserted into the PUD Master Plan. Without the VMB Access Point, the sole point of ingress and egress for Mediterra East residents is a non -signalized intersection with Livingston Road, as shown on the Master Plan. This intersection presents traffic safety issues, especially for vehicles exiting Mediterra East to travel southbound on Livingston Road. These vehicles must avoid northbound Livingston traffic flow and then attempt to merge with southbound Livingston traffic flow. The VMB Access Point would facilitate traffic safety, reduce congestion on Livingston Road, and increase roadway connectivity (especially in conjunction with the County's plans to connect Veterans Memorial Boulevard to Old 41). The proposed, revised Master Plan, with the VMB Access Point re-inserted, is set forth below in Figure 4. O N M O O O N O N J a O N O N P Packet Pg. 181 3.B.h Mediterra SE Access PUDI Project Narrative, Detail of Request, and Growth Management Plan Compliance Revised July 27, 2022 ■ 0 Z < 63 �o a Ow M AL I mm ::7: •unanwwn•nn ai a Figure 4: Proposed Revised PUD Master Plan * Note: The Mediterra Master Plan has been modified through various PUD amendments throughout the years. Based on instruction from County Staff provided in a correction comment in the Collier County Growth Management Department review comment letter dated May 16, 2022, the "current" version of the Master Plan that this application is proposing modifications to is the version included in recent PUDA amendment application PL20210001368. As illustrated below in Figure 5, the proposed VME Access Point will connect Corso Mediterra Circle, the existing roundabout inside Mediterra East, to Veterans Memorial Boulevard, and align with the entrance to Allura, the multifamily development currently under construction on the south side of Veterans Memorial Boulevard. The VME Access Point has been designed to provide two-way traffic in and out of Mediterra East. However, the community currently plans to restrict the VME Access Point to egress only for the Mediterra residents. Ingress would be permitted for emergency vehicles only. MCA would reserve the right to open ingress to Mediterra residents, subject to any County permitting requirements. Should the VMB Access Point be approved, proposed improvements will be limited to land owned by MCA and the County (after a ROW permit is obtained). The existing wall, landscape berm and buffer along the southern boundary of Mediterra East will be preserved and enhanced, such that existing homes and private property inside Mediterra East will not be impacted. P Packet Pg. 182 Mediterra SE Access PUDI 3.B.h Project Narrative, Detail of Request, and Growth Management Plan Compliance Revised July 27, 2022 Figure 5: Proposed VMB Access Point Design ti 0 N M O O O T- N O N J IL 0 N O N P Packet Pg. 183 3.B.h Mediterra SE Access PUDI Project Narrative, Detail of Request, and Growth Management Plan Compliance Revised July 27, 2022 Consistency with Land Development Code Review Criteria (Section 1O.O2.13.E.1) For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; Applicant Response: No changes are proposed in the boundary of the PUD as part of this application. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; Applicant Response: No changes are proposed as part of this application which would increase in the total number of dwelling units or intensity of land use or height of buildings within the development. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area, Applicant Response: The master concept plan provides for 386 acres of Recreation, Open Space, Golf, Park, Easement and Buffers. The proposed vehicular access point will convert 0.10 acres of that area to ROW, which is about 0.03 percent of the total. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; Applicant Response: No changes are proposed to increase the size of areas used for institutional, commercial or industrial land uses as part of this application. 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, Applicant Response: No changes (such as an increase dwelling units, increase in nonresidential square footage, or changes in uses) are proposed that would increase traffic generation. Mediterra East is platted/approved for 176 single family residential dwelling units. The development has existing access on Livingston Road and this amendment proposes to add an access point on Veteran's Memorial Boulevard. A traffic analysis prepared by TR Transportation has been submitted with the associated PPLA application which indicates that the resulting changes in traffic circulation will not be substantial: • The projected left turn volume at the proposed VMB access point is only 16 vehicles during the PM peak hour (and these turning movements will only occur if the community decides to allow this access point to be used for ingress other than emergency vehicles). • An eastbound left turn is not warranted for the new access point on VMB. • A westbound right turn lane is not warranted for the access point on VMB. 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; Applicant Response: No changes are proposed in land use activities as part of this application. ti 0 N M 0 0 0 N 0 N J IL 0 N 0 1* 04 Packet Pg. 184 3.B.h Mediterra SE Access PUDI Project Narrative, Detail of Request, and Growth Management Plan Compliance Revised July 27, 2022 g. A change that will result in a requirement for increased storm water retention, or will otherwise increase stormwater discharges, Applicant Response: This project does not require additional stormwater retention, nor will it result in additional stormwater discharges. The existing stormwater system was designed to accommodate this project's impervious area as future pavement. Veteran's Memorial Blvd ROW exists within Mediterra's stormwater management system. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use, Applicant Response: No changes are proposed that will result in compatibility issues with adjacent land uses. The access point has been designed to align with the opposing access point on the south side of Veteran's Memorial Blvd. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; Applicant Response: No changes are proposed which decrease the consistency of the PUD with the County's Comprehensive Plan. More specifically, no increase in density or intensity or any changes in the permitted land uses are proposed. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and N approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by c Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e) CD2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be c reviewed and approved by Collier County under this LDC section 10.02.13; or a Applicant Response: The subject property and PUD are not designated as a DRI. 0 N k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which O N impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. Z Applicant Response: Based on the analysis above, no modifications are proposed which meet the W M standards for consideration of a substantial PUD amendment. As such, we request that this U amendment continue to be reviewed and processed as an insubstantial PUD consistent with our < previous discussions with County staff. P Packet Pg. 185 3.B.h Mediterra SE Access PUDI Project Narrative, Detail of Request, and Growth Management Plan Compliance Revised July 27, 2022 Growth Management Plan Compliance The applicant's request to insubstantially amend the PUD and Master Plan is not contrary to any of the goals, objectives and policies of the County's Comprehensive Plan. However, it does serve to further several adopted policies related to affirming the County's desire for an interconnected transportation network and reduction of emergency response times: Future Land Use Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Future Land Use Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. Transportation Policy 9.3: The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The Collier County Transportation Division shall develop guidelines, which identify the conditions that would require the interconnection of two neighboring developments, and shall also develop standards and criteria for the safe interconnection of such local streets. Transportation Policy 9.6: The County shall review impacts on emergency vehicle access or response time to neighborhoods, both before and after implementation of traffic calming measures. If emergency vehicle access or response times into a neighborhood have been adversely impacted by the traffic calming measures, the County shall work with the relevant emergency responders to reduce or eliminate such adverse impacts while still maintaining traffic calming measures. The proposed access road will provide direct access to Veterans Memorial Blvd for residents and reduced trip lengths for emergency vehicles routed to the southeast vicinity of Mediterra. The proposed improvements serve to increase connectivity. P Packet Pg. 186 0 W. 3.B.h 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. 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. 9. Landscape/hardscape 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. Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from property lines: Mediterra PUDI PL20210003207 August 25, 2022 Packet Pg. 190 3.B.h Front: ten feet (10') Side: five feet (5') Rear: ten feet (10') 2. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - thirty-five feet (35'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. x w 7. Sidewalks and bike paths may occur within County required buffers. LU 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra development w standards, are to be in accordance with the applicable LDC provision in effect at the time this PUD is approved. o N M O O O T C. Southeastern Access Point on Veterans Memorial Boulevard, east of Livin sg ton o N Road: a Unless otherwise set forth in this subsection C, the following development N standards shall apply to the southeastern vehicular access point on Veterans N Memorial Boulevard, east of Livingston Road: 1. A vehicular access point connecting Celebrita Court to Veterans Memorial w Boulevard may be provided for Mediterra Phase Three East (for reference, _ see Exhibit B). L) 2. Maximum wall height from the highest elevation of the landscape berm: eight feet (8'1 3. The existing eight -foot (8') wall will transition to a step-down precast wall system atop the landscape berm slope for reference, see Exhibit B . 4. The grade elevation of the landscape berms on either side of the southern access point shall transition from the grade of the existing berm to the grade of the access point gate with a maximum slope of four to one (4 to 1,) such that the toe of the slope transitions to the base of the decorative columns. Mediterra PUDI PL20210003207 August 25, 2022 Packet Pg. 191 MR 3.B.h 5. Where grading transitions along the berm are required, the downhill side of the fence/wall panel is limited to a maximum of twelve feet (12') in height from the elevation of the berm. 6. Maximum height of decorative columns: twelve feet (12') as measured from the toe of the landscape berm slope. An additional maximum height of four feet (4') is allowable for optional architectural features, such as precast finial caps, atop the columns (for reference, see Exhibit B). 7. Maximum height of the security gate affixed to the decorative columns: twelve feet (12'). 8. Maximum distance between each toe of the slope of the landscape be on either side of the access point: forty-seven feet (47'). Mediterra PUDI PL20210003207 August 25, 2022 I, - CD N M O O O T N O N J a O N O N Packet Pg. 192 INSTR 4423687 OR 4561 PG 908 RECORDED 4/30/2010 8:20 AM PAGES 15 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $129.00 CONS $0.00 3.B.h .Prepared by and return to: David L. Cook, Esq. Henderson, Franklin, Starnes & Holt, P:A. (B) 3451 Bonita Bay Boulevard Suite 206 BoattaSprings, FL 34134 239-344-1100 / Above Ws. Une For Redewding Dahl � a s Quit Claim Deed This LnOeu tent is Prepared Without Opinion of Title This Quit Claim Deed made�this Partners, LLC., a Florida. liii Coconut Road, Suite 20q, Bont Association, Inc., a Florida cor (Whenever used herein the terms "grant and the heirs, legal representatives, and corporations, trusts and trustees) day .of /Q 101? /L , 2010 between Long Bay y company, whose post office address is 9990 FL 34135, grantor, and. Mediterra Community whose post office address is /Z-7.3.r— CaJeXco grantee: " include all the parties to this instrument iduals, and the successors and assigns of Witnesseth, that said grantor, for and in considetfaticd,,, of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable co +eration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged; does hereby remise., release, and quitclaim to the said grantee, and grantee's heirs and assigns f0mAer, all the right, title, interest, claim and demand which grantor has in and to the following des, 'bed land, lying and. being. in Collier County, Florida to -wit: See Exhibit A and B attached hereto and made a part Subject to taxes for 2010. and subsequent years,; covenants, Fop 'ons, restrictions, easements, reservations and limitations of record, if any. " To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest lien `equity and claim whatsoever of grantors, either in law or equity., for the use, benefit and profit of the said grantee forever. 'The property being conveyed shall be continually maintained by Grantee, its successors and assigns, as a landscape buffer and by the acceptance of this peed, Grantee agrees to maintain the property as required hereby. #1778194 Packet Pg. 193 OR 4561 PG 909 3.B.h In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: LONG BAY PARTNERS LLC, a. Florida. limited liability company,. By: BONTFA BAY PROPERTIES, INC.., a Florida corporation, Managing Member •• `� By: Witness' . Printed Name: Printed Name Its: LlLt_U_�� .; (Corporate Sea]) E, Witness,<. DIANE MUR nY . Printed Name t STATE OF FLORIDA COUNTY OF LEE. ;►.,, The foregoing instrument was worn to and subscribed bef me t '9 0i �ay of _fit a' 2010; by as 1'of Bonita Bay Properties, Inc., a. Florida corporation, Maliaging Member of Long may Pest ers LLC, a Florida limited liability company, on behalf of the corporation and the companyiVYha is personally known to me. �. FR DIANE MURRAY otary Public NOTARY PUBLIC STATEOFFLORIDA DIANE MURRAY (Notary Seal) Cemm# DD619122 Printed Name: � a Explreg 12/3/2010 My Commission Expires: 11) #1776194 Packet Pg. 194 MORRIS 2914 Cleveland Avenue I Fort Myers, Florida 33901 3.B.h mm=DEPEW ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS DESCRIPTION: Phone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com Mediterra Southeast Entry Legal Description TRACT Q AND TRACT R, WEDITERRA PHASE THREE EAST, UNIT ONE", A SUBDIVISION, RECORDED AS PLAT BOOK 40, PAGES 59 THROUGH 68, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 44 ACRES, MORE OR LESS. Packet Pg. 195 OR 4561 PG 910 Explanation of Exhibit A The parcels listed on rows 2-49 on Exhibit A are described by the Plat name in Column A the Tract'name in Column B, as described on the Plat, the Plat recording information in Col4pM nd the Property Appraiser's folio number in Column E. Q N O #1778194 I Packet Pg. 196 1 f ^^ glad SS333V 21` in3IH3n ` UH31la3W - LOZ OOMOZId : OZOVZ) 91N3WH3b'll`d :)UOWLI3BPV _ �_ �_ �_ �_ �_ �_ _� m a] a) (D 0 L 0 L O a] 0 L 0 L (D �_ W 0 0 0 0 _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _� 0 76 75 75 75 75 j 0 0 0 0 0 0 0 0 0 0 0 r� LO N MM r' Q O M 0)M "t r` CO N LO r� CO I* LO r r` CO CD (0 NCO O CO (O O CO N CO (!) 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(w w w m 0 ca ca (Y c` (ca w w m (0 m (0 (0 (0 w m m (0 w m (0 m w w iaa a aaaoaa'D'"D.0'0o -O .0 .0 -0 Rma�a�a�a� a>mma>a>a)a)a)a) (Da)00m0m00mo0000mmmCD�a� r N M ct (fl r` 00 CA O r N M (c) co O M O r N M to (O h CD O) O N M r r- T T r r r r r r N N N N N N N N N N M M M M M M M M M N O T eo f m X W ^^ (Iad SS3aab' uv-i OIH3A ` NN31mW - LOZ£0006ZOZ-ld : OZOtiZ) J 1N3WH3`dll`d :;uOwLl3eUV L N L N L L O L N L (U L N L N L N L W O O _O O O _N O O O O O O _N O U U U U U U U U U U U O N CO r V tV'CDCD O CD N M O_ i O M 0 0 0;0Itc 1'* 00 C3.O 0 0 WNNN00O{V0 0 0 0 0 0(D 0 CD CD 0 .'I- , (b O O O CA CA D> M tA'< M CA m 0 M m m m M m m M M LO LO In LO LO Ln LO LO LO LO ul) O_ O_ O_ O_ O_ O_ O_ O_ O_ O_ 0 0 0 0 0 _O 0 0 0 6 0 0 LL LL LL LL LL LL LL LL U- LL LL M M M r O r O r O r O r O Q) r r Op 1 0p 1 00 1 r 1 r 1 r 1 r 1 r I� L9J L( N N N CD O O CD 1 CD 1 N 1 O 1 O CC) CC) M 0 m m M m r� m LO U m m m m m m m m N m m C7C7C7C'3C7C.7C3�C7:�C7 m m m m m m m m m m m NNNMMMMMCDI� f� m m m m m m m m m m m mmmmmmmmmmm m >> m m Q m U¢ m U U U U U U U U U U U U co L w L ca L cd L ca L co L 0 L co L cu i c0 tr co L F- F- F- F- F- F- F- F- F- 3 3 3 = F- F- I F- F- .� .� ft: Q+. cz cu cc m cz W W W W W 0) O O O O O (M M M O C O O c CM M NOOOOOF- y ai U) ca (tn co ro co cz mmm»»»mm L L L L L L L L L L L mma�ma�a�mmmma� O O r N M I Ln 0 00 M co 'IT N O N co O a� 0 co n ztt co 0 T a r m Y 0 m a OR 4561 PG 913 3.B.h EXHIBIT (9 TO MCA COLLIER COUNTY DEED (PARCEL NUMBERS ARE BASED ON AND NUMBERED CONSISTENT WITH PARCEL NUMBERS APPEARING AS "LESSOUT PARCELS" ON SURVEY OF MEDITERRA COLLIER COUNTY GOLF COURSE HOLES PREPARED BY BOCK & CLARK CORP. DATED JANUARY 8, 2010, PROJECT NO. 200900558-4. PARCELS #1, #2, #16, #21 AND #37 ARE PORTIONS OF LESSOUT PARCELS #1, #2, #16, #21 AND #37 ON SAID SURVEY) PARCEL #1 A TRACT OR PAR£Ek'OPlAND LYING IN TRACT "GC-4" OF MEDITERRA SOUTH GOLF COURSE PHASE FOUR, REC0RD D< IN PLAT BOOK 38, PAGES 69 THROUGH 77, COLLIER COUNTY RECORDS, IN SECT[ 1„'TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL .Of! LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SOUTHEAST £OR, ER OF MEDITERRA PARCEL 113, RECORDED IN PLAT BOOK 38, PAGES 4', AND 4 OLLIER COUNTY RECORDS RUN SOUTHEASTERLY ALONG THE WESTERLY LINE;`MEDITERRA UNIT TWO, RECORDED IN PLAT BOOK 36, PAGE 78 AND 79, COLLIER C UNTY RECORDS, ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 450.00 FEET (DELTA 04753'08") (CHORD BEARING S23°20'53"E) (CHORD 38.36 FEET) FOR 38.37 FEET A POINT:,, OF REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY ALONG AN ARC OF -A 60VE TO THE RIGHT OF RADIUS 500.00 FEET (DELTA 21 °01'20") (CHORD BEARING Si60 4''tiE) (CHORD 182.43 FEET) FOR 183.45 FEET TO THE NORTHEAST CORNER OF ME13iTEIM4 PARCEL 112, RECORDED IN PLAT BOOK 36, PAGES 80 AND 81, COLLIER COUNTY RCORDS; THENCE RUN N88034'27"W ALONG THE NORTHERLY LINE OF SAID MEDITERRAPA _ 1'EL 112 FOR 20.12 FEET; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CUI T66THE LEFT OF RADIUS 480.00 FEET (DELTA 20°45'47") (CHORD BEARING N15°24'4'�(C,HORD 172.99 FEET) FOR 173.94 FEET TO A POINT OF REVERSE CURVATURE; 1, Nr3�� RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 7' ET (DELTA 05°53-18") (CHORD BEARING N22050'49"W) (CHORD 48.28 FEET) FOR 48,,.,30,FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID MEDITERRA PARCED fli"'• THENCE RUN S88°28'46"E ALONG SAID SOUTHERLY LINE FOR 21.56 FEET TO THE PdWOF BEGINNING. CONTAINING 0.10 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE—SI OUTHERLY LINE OF MEDITERRA PARCEL 113 RECORDED IN PLAT BOOK 38, PAGES 43 AND 44 CQLLI, R COUNTY RECORDS TO BEAR S88°28'46"E._ PARCEL #2 A TRACT OR PARCEL OF LAND LYING 1N MEDITERRA SOUTH GOLF�PU , SE PHASE FOUR, RECORDED IN PLAT BOOK 38, PAGES 69 THROUGH 77, COLLIER' COUTY RECORDS, IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOIIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS"" — BEGINNING AT SOUTHEAST CORNER OF MEDITERRA PARCEL 112, RECORDED IN PLAT BOOK 36, PAGES 80 AND 81, COLLIER COUNTY RECORDS RUN SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF MEDITERRA UNIT TWO, RECORDED IN PLAT BOOK 36, PAGE 78 AND 79, COLLIER COUNTY RECORDS, ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 600.00 FEET (DELTA 15°19'56") (CHORD BEARING S37°36'19"E) (CHORD 160.08 FEET) FOR 160.56 FEET A POINT OF TANGENCY; THENCE RUN S45°16'16"E ALONG SAID SOUTHWESTERLY LINE FOR 18.68 FEET TO THE NORTHERLY MOST CORNER OF MEDITERRA PARCEL 111, RECORDED IN PLAT BOOK 37, PAGES 8 AND 9, COLLIER COUNTY RECORDS; THENCE RUN S44°43'44"W ALONG THE NORTHERLY LINE OF SAID MEDITERRA PARCEL 111 FOR 20.00 FEET; THENCE RUN 1780093v1 Packet Pg. 199 OR 4561 PG 914 3.B.h N45016'16"W FOR 18.68 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 620.00 FEET (DELTA 15-19-56") (CHORD BEARING N37°36'19"W) (CHORD 165.42 FEET) FOR 165.91 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID MEDITERRA PARCEL 112; THENCE RUN N60003'39"E ALONG SAID SOUTHERLY LINE FOR 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.08 ACRES, MORE OR LESS. BEARINGS HER,�a#NB' VE MENTIONED ARE BASED ON THE SOUTHERLY LINE OF TRACT "A" OF MEDITERRA PARC1:� RECORDED IN PLAT BOOK 36, PAGES 80 AND 81, COLLIER COUNTY RECORDS TO BEAR Gvl' '03'39" E. PARCEL #3 ? A TRACT OR PARCEL OF LAND LYING AND BEING IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORA. SAID TRACT OR PARCEL OF LD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER(OF, CTION 11, SAID POINT ALSO BEING THE NORTHWEST w CORNER OF TRACT GC-4A, MEDITEf Ra SOUTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 38, PAGE 69, PUBLIC RECORDS OF COLLIER w COUNTY, FLORIDA; THENCE N88°57'2 ALONG THE NORTH LINE OF SAID SECTION 11, A DISTANCE OF 1281.03 FEET; THENCE 5�0��� ,.2'2�"E, LEAVING SAID NORTH LINE, A DISTANCE OF r 1049.42 FEET TO THE POINT OF BEGINNIN . IQ POINT LYING AND BEING ON THE EASTERLY o N RIGHT OF WAY LINE OF CORSO MEDITER A CCE, AS SHOWN ON AFOREMENTIONED PLAT; Cl) 0 THENCE S.88°32'04"E., LEAVING SAID EASTER Rit T OF WAY, A DISTANCE OF 15.00 FEET TO CDA POINT ON THE WEST BOUNDARY LINE OF GO; , RVATION EASEMENT #4AC, AS RECORDED N IN O.R. BOOK 2871, PAGE 2481; THENCE A CAS`, ID WEST BOUNDARY LINE FOR THE N FOLLOWING TWO (2) CALLS; (1) THENCE S.01° 2756" ., 114.26 FEET TO (2) A POINT OF a CURVATURE CONCAVE EASTERLY, HAVING A RADI) pF 485.00 FEET, A CENTRAL ANGLE OF19026'24" AND A CHORD BEARING AND DISTAN'6.E 0 ; 5 08-15-16"E., 163.77 FEET; THENCE cw ALONG THE ARC OF SAID CURVE A DISTANCE OF10455,`fEET; THENCE S.89°04'33"W., A N DISTANCE OF 15.67 FEET TO A POINT ON THE EASTERLY' 84GHT OF WAY LINE OF SAID CORSO MEDITERRA CIRCLE; THENCE ALONG SAID EASTERLYHT OF WAY LINE FOR THE FOLLOWING TWO (2) CALLS: (1) THENCE WITH A CURV CONCAVE EASTERLY, HAVING A z RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 18°54'49' %A CHORD BEARING AND w DISTANCE OF N.07°59'28"W., 164.30 FEET; THENCE ALONG. 'THE- ARC OF SAID CURVE A = DISTANCE OF165.05 FEET; (2) THENCE N.01°27'56"E., A DISTANCE OF, 114.26 FEET TO THE V POINT OF BEGINNING. ; PARCEL #4 A TRACT OR PARCEL OF LAND LYING AND BEING IN SECTION 11, TOWNSHIP'49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SECTION 11, SAID POINT ALSO BEING THE NORTHWEST CORNER OF TRACT GC-4A, MEDITERRA SOUTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 38, PAGE 69, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N88°57'27"E, ALONG THE NORTH LINE OF SAID SECTION 11, A DISTANCE OF 1234.30 FEET; THENCE S.01002'29"E, LEAVING SAID NORTH LINE, A DISTANCE OF 172.62 FEET TO THE POINT OF BEGINNING, SAID POINT LYING AND BEING ON THE EASTERLY RIGHT OF WAY LINE OF CORSO MEDITERRA CIRCLE, AS SHOWN ON AFOREMENTIONED PLAT; THENCE N.75026'26"E., LEAVING SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 15.04 FEET TO 1780093vl Packet Pg. 200 OR 4561 PG 915 3.B.h A POINT ON THE WEST BOUNDARY LINE OF CONSERVATION EASEMENT #4AC, AS RECORDED IN O.R. BOOK 2871, PAGE 2481; THENCE ALONG SAID EASTERLY BOUNDARY LINE FOR THE FOLLOWING THREE (3) CALLS; (1)THENCE WITH A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 7°24'30"AND A CHORD BEARING AND DISTANCE OF S.22°05'12"E., 43.29 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.32 FEET TO (2) A POINT OF REVERSE CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 6151,Q0 FEET, A CENTRAL ANGLE OF 27°15'25" AND A CHORD BEARING AND DISTANCE OF S 1 " 09'46"E., 289.82 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF.' 92. 7" FEET; (3) THENCE S.01°27'56"W., A DISTANCE OF 308.72 FEET; THENCE N.88°32'04"W., A DISTANCE OF 15.00 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY OF LINE OF CORSO "MEDfTE RA CIRCLE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE FOR THE FOLLOWING T" EE (3) CALLS; (1) THENCE N.01°27'56"E., A DISTANCE OF 308.72 FEET TO (2) A POINT Or"GURVATORE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGL'tz�'�OF 27°15'25" AND A CHORD BEARING AND DISTANCE OF N.12009'46"W., 282.75 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 285.43 FEET TO (3) A POINT OF REV RSE CURVATURE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 350.00 FEET,'4A CENTRAL ANGLE OF 7°34'21" AND A CHORD BEARING AND DISTANCE OF N.22°00'16"E., 45 2 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 46.26 FEET TO THE POINT F.BEGINNING.; PARCEL #14 A TRACT OR PARCEL OF LAND LYING ANC $RING IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA'`. SAID TRACT OR PARCEL OF LAND BEING N[&RlE"PfARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF 'SOUTHWEST QUARTER OF SECTION 12; THENCE RUN N.00°47'58"W., ALONG THE EAST LffN- OF THE SOUTHWEST QUARTER OF SECTION 12, FOR 2001.73 FEET TO A POINT; 'fF111 DEPARTING SAID EAST LINE, RUN S89008'46"W. FOR 99.99 FEET TO A POINT ON TR 'ISTERLY RIGHT OF WAY LINE FOR LIVINGSTON ROAD; THENCE N.71°50'22"W. ALONCT,HE, SOUTH LINE OF A 15.00 PRIMARY DRAINAGE EASEMENT, FOR 73.55 FEET TO A POINt%0, t'A LINE OF THE BOUNDARY LINE OF TRACT L-2 (LAKE AND DRAINAGE EASEMENT), AS S1IO IN .ON MEDITERRA SOUTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF, RWD DED IN PLAT BOOK 37, PAGES 59-66, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,P.O[NT ALSO BEING THE POINT OF BEGINNING; THENCE, ALONG SAID TRACT L-1 THE FOLLOWIW,16 CALLS, RUN N.17°35'34"E. FOR 15.00 FEET TO THE NORTH LINE OF SAID 15.00 FOOT `EASEMENT; THENCE RUN N.173534"E. FOR 11.37 FEET TO A POINT ON A LINE; THENCE -RUN I N.10°16'37"E. FOR 64.58 FEET TO A POINT ON A LINE; THENCE RUN N.04oO3'26"W. FOR 75.72 F --ET TO A POINT ON A LINE; THENCE RUN N.42°16'39"W. FOR 31.63 FEET TO A POINT.,OI LINE; THENCE RUN N.70°41'38"W. FOR 25.45 FEET TO A POINT ON A LINE; THENCE RAN 00,724"W. FOR 78.89 FEET TO A POINT ON A LINE; THENCE RUN N.65°18'28"W. FOR 57.74"FEIy TO A POINT ON A LINE; THENCE RUN N.54°47'55"W. FOR 55.04 FEET TO A POINT ON A LINE; :;THENCE RUN N.47°24'47"W. FOR 48.04 FEET TO A POINT ON A LINE; THENCE RUN N.450a4&!' W. FOR 93.48 FEET TO A POINT ON A LINE; THENCE RUN N.47°02'38"W. FOR 118.11 FEET TO A POINT ON A LINE; THENCE RUN N.67°33'46"W. FOR 20.27 FEET TO A POINT ON A LINE; THENCE RUN N.84°34'29"W. FOR 77.01 FEET TO A POINT ON A LINE; THENCE RUN S.69°18'25"W. FOR 54.86 FEET TO A POINT ON A LINE; THENCE RUN S.52°47'08"W. FOR 52.66 FEET TO A POINT ON A LINE; THENCE, DEPARTING AFOREMENTIONED TRACT L-2, N.25°08'22"W., FOR 40.01 FEET TO A POINT ON A CURVE ON THE SOUTHERLY RIGHT OF WAY OF MEDITERRA BOULEVARD; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 83.00 FEET (DELTA 26°25'00") (CHORD BEARING N.51°39'08"E.) (CHORD 37.93 FEET) FOR 38.27 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 148.00 FEET (DELTA 95-51-54") (CHORD BEARING N.86°22'38"E.) (CHORD 219.74 FEET) FOR 247.63 FEET TO A POINT OF TANGENCY; 1780093v1 Packet Pg. 201 OR 4561 PG 916 3.B.h THENCE RUN S.45°41'25"E. FOR 255.98 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 296.00 FEET (DELTA 38°46'18") (CHORD BEARING S.65°04'34"E.) (CHORD 196.50 FEET) FOR 200.30 FEET TO A POINT ON A LINE; THENCE RUN S.53°22'50"E. FOR 56.04 FEET TO A POINT ON A LINE; THENCE N.89008'50"E. FOR 12.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LIVINGSTON ROAD; THENCE S.00°51'10"E., ALONG SAID RIGHT OF WAY, FOR 193.29 FEET TO THE POINT OF BEGINNING. PARCEL #15 A TRACT OR PARO.EVIOF AND LYING AND BEING IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNYFLORIDA. SAID TRACT OR PARCEL'Oft LI XND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH eA� RTER CORNER OF SECTION 12; THENCE RUN S00°50'59"E., ALONG THE EAST LINE OF�T1-IUTHWEST QUARTER OF SECTION 12, FOR 1960.80 FEET TO A POINT; THENCE, DEPARTING' EAST LINE, RUN S89°09'01"W. FOR 99.91 FEET TO A POINT ON THE WESTERLY RIGHT OFY UNE FOR LIVINGSTON ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, ., ON. SAID RIGHT OF WAY THE FOLLOWING 3 CALLS, RUN S.00°51'10"E. FOR 579.13 FEET TO. AT INT, THENCE RUN S.12040'18"W. FOR 51.31 FEET TO A POINT; THENCE S.00°50'59"E. FOR 2641,� FEET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT OF WAY LINE OF MEDITERRA BQt EVARD; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT Witt Pr RADIUS OF 50.00 FEET (DELTA 106°42'20") (CHORD BEARING S.52°29'56"W.) (CHORD 80.23`FE R,fQR 93.12 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN NORTHWESTE, LY-A ...NG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 184.00 FEET (DELTA 28° 28`) .(CHORD BEARING N.59°55'09"W.) (CHORD 90.45 FEET) FOR 91.39 FEET TO A POINT OF -TANGENCY; THENCE N.45°41'25"W. FOR 255.98 FEET TO A POINT OF CURVATURE; THENCE R1 ART. WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 260 00 FE'ET, (DELTA 61°41'15") (CHORD BEARING N.76°32'03"W.) (CHORD 266.60 FEET) FOR 279.93 FEE AQ A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE ARC' O,E, kp CURVE TO THE RIGHT WITH A RADIUS OF 133.00 FEET (DELTA 32°43'50") (CHORD BEARIbo,S:88°5915"W.) (CHORD 74.95 FEET) FOR 75.98 FEET TO A POINT OF REVERSE CURVATVWTHENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH `A DIUS OF 107.00 FEET (DELTA 51°33'08") (CHORD BEARING S.79°34'36"W.) (CHORD 93.06 FE ) FOR 96.27 FEET TO A POINT OF TANGENCY; THENCE S.53°48'02"W. FOR 86.15 FEET TO A",POINT ON A LINE; THENCE, DEPARTING AFOREMENTIONED NORTHERLY RIGHT OF WAY, N.3Q*0fi'55"W. FOR 78.91 FEET TO A POINT ON THE BOUNDARY OF TRACT L-5 (LAKE AND DRAINAG E EMENT), AS SHOWN ON MEDITERRA SOUTH GOLF COURSE PHASE 1, ACCORDING TO THE T l'HEREOF, RECORDED IN PLAT BOOK 37, PAGES 52-58, PUBLIC RECORDS OF COLLIER O,, U-Y,-,,FLORIDA, THENCE, ALONG SAID L-5 TRACT THE FOLLOWING 12 CALLS, RUN N.59°53'05''E ♦=0 23.54 FEET TO A POINT ON A LINE; THENCE RUN N.54°33'58"E. FOR 97.86 FEET TO A POINT N.A LINE; THENCE RUN N.31°55'53"E. FOR 23.69 FEET TO A POINT ON A LINE; THENCE RUN 1--29°09'48"W. FOR 32.58 FEET TO A POINT ON A LINE; THENCE RUN N.33029'22"W. FOR 51.6T.. E-T-fo A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 470.00 FEET (DELTA 13°46'27") (CHORD BEARING N.58°30'12"W.) (CHORD 470.00 FEET) FOR 112.99 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 430.00 FEET (DELTA 24°29'29") (CHORD BEARING N.63051'43"W.) (CHORD 182.41 FEET) FOR 183.81 FEET TO A POINT OF TANGENCY; THENCE RUN N.76°06'27"W. FOR 168.28 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 70.00 FEET (DELTA 66°0012") (CHORD BEARING N.43°06'21"W.) (CHORD 76.25 FEET) FOR 80.64 FEET TO A POINT OF TANGENCY; THENCE RUN N.10°06'15"W. FOR 173.46 FEET TO A POINT ON A LINE; THENCE N.76°06'21"W. FOR 162.01 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A Q 1780093v1 Packet Pg. 202 OR 4561 PG 917 3.B.h RADIUS OF 195.00 FEET (DELTA 15°16-59") (CHORD BEARING N.68°27'58"W.) (CHORD 51.86 FEET) FOR 52.01 FEET TO A POINT ON A LINE; THENCE, DEPARTING AFOREMENTIONED TRACT L-5, RUN N.29°10'31"E. FOR 20.00 FEET TO A POINT ON THE BOUNDARY OF MEDITERRA SOUTH GOLF COURSE PARCEL 102, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 34, PAGES 3-4, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE, ALONG SAID PARCEL 102 THE FOLLOWING 13 CALLS, RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 175.00 FEET (DELTA 15°16-59") (CHORD BEARING S.68°27'58"E.) (CHOD 46.54 FEET) FOR 46.68 FEET TO A POINT OF TANGENCY; THENCE RUN S.76°06'27"E. F '` 500 FEET TO A POINT; THENCE RUN S.10°06'15"E. FOR 186.45 FEET TO A POINT OF CUR VATI FtE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH ;q/WIUS OF 50.00 FEET (DELTA 66°00'12") (CHORD BEARING S.43°06'21"E.) (CHORD 54.47 FEET)T64 57.60 FEET TO A POINT OF TANGENCY; THENCE RUN S.76°06'27"E. FOR 168.28 FEET TO --A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 450.00 FEET (DELTA 24°28'22") (CHORD BEARING S.63052'16"E.) (CHORD 190.75 FEET) FOR 192.21 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN-SOUT EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 450.00- F DELTA 41°50-13") (CHORD BEARING S.72°33'11"E.) (CHORD 331.34 FEET) FOR 328.59 FEE TO A POINT OF TANGENCY; THENCE RUN N.86°31'42"E. FOR 274.92 FEET TO A POINT OF CRVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH / "RAD)US OF 40.00 FEET (DELTA 87°22-56") (CHORD BEARING N.42°50'14"E.) (CHORD 55.26 FEET�QRa61.00 FEET TO A POINT OF TANGENCY; THENCE RUN N.00°51'14"W. FOR 163.19 FEET TO �A" RANT ON A NON -TANGENT CURVE; THENCE RUN NORTHEASTERLY ALONG THE ARC f,F'AlISe,CURVE TO THE LEFT WITH A RADIUS OF 55.00 FEET (DELTA 131 °52'48") (CHORD BEAT U`, 14,,66°17'24"E.) (CHORD 100.44 FEET) FOR 126.60 FEET TO A POINT ON A NON-TANGENTI11 ; HENCE RUN N.89°08'46"E. FOR 41.88 FEET TO A POINT ON A LINE; THENCE RUN N.00°51, 4"',ti11 ,FOR 255.00 FEET TO A POINT ON A LINE; THENCE, DEPARTING AFOREMENTIONED P U�1 2, RUN N.89°08'46"E. FOR 128.08 FEET TO THE POINT OF BEGINNING.' LESS AND EXCEPT TRACT L-3 (LAKE AND DRAINAGF,E EMENT), AS SHOWN ON MEDITERRA a SOUTH GOLF COURSE PHASE 4, ACCORDING TOT PLAT THEREOF, RECORDED IN PLAT BOOK 37, PAGE 52-58, PUBLIC RECORDS OF COLLIEC�OUNTY, FLORIDA. c PARCEL #16`` C7 A TRACT OR PARCEL OF LAND BEING A PORTION OF TRACT "GC-2" OF MEDITERRA SOUTH ~ z GOLF COURSE PHASE TWO, RECORDED IN PLAT BOOK 37, PAGES 59 THROUGH 66, COLLIER w COUNTY RECORDS, LYING IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER x COUNTY, FLORIDA, SAID TRACT OR PARCEL OF LAND 1�4N 'N40RE PARTICULARLY V DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF MEDITERRA PARCEL 1031 E, ORDED IN PLAT BOOK 34, PAGES 26 THROUGH 29, COLLIER COUNTY RECORDS -RUN 7014'10"E ALONG THE SOUTHERLY LINE OF SAID RECORD PLAT FOR 20.00 FEET; TH'CE RUN S12°45'50"E FOR 14.20 FEET TO A POINT OF CURVATURE; THENCE RUN '9ou' HERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 420.00 FEET (DELTA 15°37'06") (CHORD BEARING SO4°57'17"E) (CHORD 114.13 FEET) FOR 114.49 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN SOUTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 745.00 FEET (DELTA 09°57-47") (CHORD BEARING S07°50'09"W) (CHORD 129.38 FEET) FOR 129.55 FEET TO A POINT ON A NON -TANGENT CURVE AND AN INTERSECTION WITH THE NORTHERLY LINE OF MEDITERRA PARCEL 104 RECORDED IN PLAT BOOK 34, PAGES 30 AND 31, COLLIER COUNTY RECORDS; THENCE RUN WESTERLY ALONG SAID NORTHERLY LINE AND ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 600.00 FEET (DELTA 01°55-34") (CHORD BEARING N69°52'45"W) (CHORD 20.17 FEET) FOR 20.17 FEET TO A INTERSECTION WITH THE EASTERLY LINE OF MEDITERRA UNIT ONE RECORDED IN PLAT BOOK 33, PAGES 96 THROUGH 101, COLLIER 1780093v1 Packet Pg. 203 OR 4561 PG 918 3.B.h COUNTY RECORDS; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID EASTERLY LINE: NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 725.00 FEET (DELTA 09-45-38") (CHORD BEARING N07°44'04"E) (CHORD 123.36 FEET) FOR 123.51 FEET TO A POINT OF COMPOUND CURVATURE; NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 400.00 FEET (DELTA 15°37'06") (CHORD BEARING N04°57'17"W) (CHORD 108.70 FEET) FOR 109.04 FEET TO A POINT OF TANGENCY AND N12°45'50"W FOR 14.20 FEET TO THE POINT OF BEGINNING. CONTAINING 0.12 ACRES, MORE OR LESS. BEARINGS HEREIN I MENTIONED ARE BASED ON THE SOUTHERLY LINE OF MEDITERRA PARCEL 103 RECOPED IN PLAT BOOK 34, PAGES 26 THROUGH 29, COLLIER COUNTY RECORDS TO BEAR '14770J4'1.0"E. AND A TRACT OR PARCEL OF -LAND EING A PORTION OF TRACT "GC-2" OF MEDITERRA SOUTH GOLF COURSE PHASE TWOr,;ft ORDED IN PLAT BOOK 37, PAGES 59 THROUGH 66, COLLIER COUNTY RECORDS, LYING INjSECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID T ACT. --.OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST ORIUER OF MEDITERRA PARCEL 104 RECORDED IN PLAT BOOK 34, PAGES 30 AND 8 i ' CO,..L^LIER COUNTY RECORDS RUN S54°31'26"E ALONG THE SOUTHERLY LINE OF SAT-o,D PLAT FOR 20.00 FEET; THENCE RUN THE FOLLOWING TWO (2) COURSES. BEING, FEET SOUTHEASTERLY AS MEASURED PERPENDICULAR TO THE EASTERLY LINE OF DITERRA UNIT ONE RECORDED IN PLAT BOOK 33, PAGES 96 THROUG 1;0~1, COLLIER COUNTY RECORDS; SOUTHWESTERLY ALONG AN ARC OF A CURVES TF1E RIGHT OF RADIUS 745.00 FEET (DELTA 09°37'36") (CHORD BEARING S40°17'2 ) `(C! ORD 125.03 FEET) FOR 125.17 FEET TO A POINT OF COMPOUND CURVATURE ND�SO THWESTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 220.00 FEETOTA. �10°01'44") (CHORD BEARING S50°07'02"W) (CHORD 38.46 FEET) FOR 38.51 FEET , COMMON CORNER OF TRACT "GC-2" AND TRACT "L-1" OF SAID RECORD PLAT OF MEQPr'ERRA SOUTH GOLF COURSE PHASE TWO; THENCE RUN N24°29'17"W FOR 20.37 FC T�' AN INTERSECTION WITH SAID EASTERLY LINE OF MEDITERRA UNIT ONE; THENCE RUHE FOLLOWING TWO (2) COURSES ALONG SAID EASTERLY LINE: NORTHEASTERLY' ONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 200.00 FEET (DELTA 08-58-39") (CHOR BEARING N49°35'29"E) (CHORD 31.31 FEET) FOR 31.34 FEET TO A POINT OF COMP UN6 CURVATURE AND NORTHEASTERLY ALONG AN ARC OF A CURVE TO THE LEFT �; R ►US 725.00 FEET (DELTA 09°37'36") (CHORD BEARING N40°17'22"E) (CHORD 121.67 FEf - R 121.81 FEET TO THE POINT OF BEGINNING. ` CONTAINING 0.07 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE SOUTHERLY L[N')= OF MEDITERRA PARCEL 104 RECORDED IN PLAT BOOK 34, PAGES 30 AND 31, COLLIER COUNTY -RECORDS TO BEAR S54°31'26"E. AND A TRACT OR PARCEL OF LAND BEING A PORTION OF TRACT "GC-2" OF MEDITERRA SOUTH GOLF COURSE PHASE TWO, RECORDED IN PLAT BOOK 37, PAGES 59 THROUGH 66, COLLIER COUNTY RECORDS, LYING IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF MEDITERRA PARCEL 103 RECORDED IN 0 N Cl) 0 0 0 N 0 N J IL 0 N 0 N 1780093v1 6 Packet Pg. 204 OR 4561 PG 919 3.B.h PLAT BOOK 34, PAGES 26 THROUGH 29, COLLIER COUNTY RECORDS, RUN NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID TRACT "GC-2" THE FOLLOWING SIX COURSES: NORTHEASTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 183.00 FEET (DELTA 29°32'55") (CHORD BEARING N 33-11-25" E) (CHORD 93.33 FEET) FOR 94.38 FEET TO A POINT OF TANGENCY; N 47°57'52" E FOR 24.30 FEET TO A POINT OF CURVATURE; EASTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 148.00 FEET (DELTA 33°10'28") (CHORD BEARING N 64°33'06" E) (CHb D 84.50 FEET) FOR 85.69 FEET TO A POINT OF COMPOUND CURVATURE; §,QUT 1` ' STERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 508.00 FEET (DErLT >31°45'31") (CHORD BEARING S 82°58'54" E) (CHORD 277.99 FEET) FOR 281.58 FEET .QKPgINT OF TANGENCY; S 67°06'09" E FOR 258.89 FEET TO A POINT OF CURVATURE AND SOUTHEASTERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 292.00 FEET (DELTA 06°09'55") (CHORD BEARING S 70-11-06" E) (CHORD 31.41 FEET) FOR 31.42 FEET; THENCE RUN S 16°43'56" W ALONG A NON -TANGENT LINE FOR 55.51 FEET TO AN INTERSECTION WITH A WESTERLY LINE OF SAID TRACT "GC-2"; THENCE RUN ALONG SAID'"V1l TERLY LINE THE FOLLOWING NINE COURSES: N 66°18'55" W FOR 89.64 FEET; IJ3°58'43" W FOR 87.67 FEET; N 67°14'32" W FOR 161.65 FEET; N 77°22'53" W FOR 84.17 EET; N 89°45'55" W FOR 79.59 FEET; S 81 °02'00" W FOR 67.68 FEET; S 69°46'51" W E OEM ,92, FEET; S 23°32'16" W FOR 23.36 FEET AND S 06°37'01" W FOR 55.17 FEET TO A'_ INTERSECTION WITH THE NORTHERLY LINE OF SAID MEDITERRA PARCEL 103; THENCE AU 'N 83°22'59" W ALONG SAID NORTHERLY LINE FOR 88.90 FEET TO THE POINT OF BEploNIIVG. CONTAINING 0.86 ACRES, MORE OR h)_S , BEARINGS HEREINABOVE MENTIONED AR "SASE PARCEL 103 RECORDED IN PLAT BOOKI 37;`'.F RECORDS TO BEAR N 83022'59" W. PARCEL #21 (PARK CELESTIAL) A TRACT OR PARCEL OF LAND LYING AND BEING 25 EAST, COLLIER COUNTY FLORIDA. SAID TRACT OR PARCEL OF LAND BEING MORE P D ON THE NORTHERLY LINE OF MEDITERRA AGES 67 THROUGH 72, COLLIER COUNTY 11, TOWNSHIP 48 SOUTH, RANGE CRI BED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 11'HENCE RUN N.00°43'04"W. ALONG THE EAST LINE OF SECTION 11, FOR 200.52 FEET TO A POINT ON THE SOUTHERLY LINE OF TRACT GC-2, MEDITERRA SOUTH GOLF COURSE PHASE TWO; ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 37, PAGE 59, OF THE PUBLICECORDS OF COLLIER COUNTY, FLORIDA; THENCE, ALONG SAID SOUTH LINE, S.88°412 FOR 2364.00 FEET; THENCE, DEPARTING SAID SOUTH LINE, RUN N.01°17'48"W. FOR `1Q9 6"FEET TO THE POINT OF BEGINNING SAID POINT BEING ON THE NORTHERLY RIGHT OFVGA LINE OF CORSO MEDITERRA CIRCLE; THENCE RUN N.06°16'10"W. FOR 226.14 FEET TO A<F1; T; THENCE RUN N.83°43'50"E. FOR 38.93 FEET TO A POINT; THENCE RUN S.75°39'11"E. FOR 2145,86 FEET TO A POINT; THENCE RUN N.68°40'59"E. FOR 113.29 FEET TO A POINT; THENC 'RtM S.71°49'55"E. FOR 108.78 FEET TO A POINT; THENCE RUN S.76°55'44"E. FOR 106.85 FEET TO A POINT; THENCE RUN S.75°50'09"E. FOR 55.61 FEET TO A POINT; THENCE RUN S.60°06127"E. FOR 74.55 FEET TO A POINT; THENCE RUN S.37°44'07"E. FOR 59.66 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 815.00 FEET (DELTA 19°37'40") (CHORD BEARING S.66°56'17"E.) (CHORD 277.83 FEET) FOR 279.19 FEET TO A POINT ON A LINE; THENCE N.32°52'33"E. FOR 52.93 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 60.00 FEET (DELTA 55°45'18") (CHORD BEARING N.60°45'04"E.) (CHORD 56.11 FEET) FOR 58.39 FEET TO A POINT OF TANGENCY; THENCE N.88°40'03"E. FOR 26.81 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET (DELTA 67°28'36") (CHORD BEARING 1780093v1 7 Packet Pg. 205 OR 4561 PG 920 3.B.h N.54°52'41"E.) (CHORD 27.77 FEET) FOR 29.44 FEET TO A POINT OF TANGENCY; THENCE N.21'11'43"E. FOR 35.30 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 50.00 FEET (DELTA 42-20-08") (CHORD BEARING N.42'21'49"E.) (CHORD 36.11 FEET) FOR 36.94 FEET TO A POINT OF TANGENCY; THENCE N.63031'54"E. FOR 53.10 FEET TO A POINT ON A LINE; THENCE S.12°59'28"E. FOR 50.01 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 2687.00 FEET (DELTA 06-37-41") (CHORD ARING S.17°47'37"E.) (CHORD 310.67 FEET) FOR 310.84 FEET TO A POINT OF REVERSE'CATURE; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT V�dH,.,,A RADIUS OF 50.00 FEET (DELTA 53°51'35") (CHORD BEARING S.05°49'26"W.) (CH'O.RD,A .29 FEET) FOR 47.00 FEET TO A POINT OF TANGENCY; THENCE S.32'45'19"W. FOR �514.3y FEET TO A POINT ON A CURVE, SAID POINT BEING ON THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE OF CORSO MEDITERRA CIRCLE, THENCE, ALONG SAID RIGHT OF ,)A Y'THE FOLLOWING 8 CALLS, RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 650.00 FEET (DELTA 03°12'18") (CHORD BEARING N.53°22'30"W.) (CHORD` 36.38 FEET) FOR 36.36 FEET TO A POINT OF TANGENCY, THENCE N.51"46'18"W. FORe' FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG TH ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 520.00 FEET (DELTA 10-14-40") (CHORD BEARING N.46'38'58"W.) (CHORD 92.85 FEET) FOR 92.97 FEET TO A POINT OF REVERSE CURVATURFy,THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADI1j.,OF 800.00 FEET (DELTA 32°20'05") (CHORD BEARING N.57°41'41"W.) (CHORD 445.51 FEET) FCR 51.48 FEET TO A POINT OF TANGENCY; THENCE N.73'51'44"W. FOR 106.00 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 401.00 FEET (DELTA 35°48'35") (CHORD BEARING S.88°13'59"W.) .HORD 246.56 FEET) FOR 250.62 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN OU VI/ESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 771�IEET (DELTA 13-29-49") (CHORD BEARING S.77°04'36"W.) (CHORD 181.20 FEET) FOR 181�0EET TO A POINT OF TANGENCY; THENCE S.83°49'30"W. FOR 203.63' FEET TO THE POINT` ser,7j NING. LESS AND EXCEPT TRACT L-16 (LAKE AND DRAINAGE, -EASEMENT), AS SHOWN ON MEDITERRA SOUTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 37, PAGE 59, PUBLIC RECORDS OF COLLIER COUNTY 10RIDA. AND LESS AND EXCEPT TO PARCEL 421 A TRACT OR PARCEL OF LAND LYING IN MEDITERRA SOUTH GOLF COURSE PHASE THREE, RECORDED IN PLAT BOOK 37, PAGES 67 THROUGH 72, COLLIER GE�JNTY RECORDS, LYING IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER Cot ',FLORIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS .FOL' dWS: COMMENCING AT THE WESTERLY MOST CORNER OF MEDITERRA I.PARCIEL 106, AS RECORDED IN PLAT BOOK 36, PAGES 45 AND 46, COLLIER COUNTY R RDS, RUN SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID MEDITERRA :PACEL 106 ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 500.00 FEET (DELTA70 28'11") (CHORD BEARING S30°42'12"E) (CHORD 73.84 FEET) FOR 73.91 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: S12'59'28"E FOR 49.89 FEET TO A POINT OF CURVATURE; SOUTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 2,687.00 FEET (DELTA 06°37'41") (CHORD BEARING S17°47'37"E) (CHORD 310.67 FEET) FOR 310.84 FEET TO A POINT OF REVERSE CURVATURE; SOUTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 50.00 FEET (DELTA 53-51-47") (CHORD BEARING S05°49'26"W) (CHORD 45.29 FEET) FOR 47.00 FEET TO A POINT OF TANGENCY AND S32°45'19"W FOR 34.29 FEET; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE 1780093v1 Packet Pg. 206 OR 4561 PG 921 3.B.h RIGHT OF RADIUS 630.00 FEET (DELTA 01°49-19") (CHORD BEARING N53°58'28"W) (CHORD 20.03 FEET) FOR 20.03 FEET; THENCE RUN N32°45'19"E FOR 33.15 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 30.00 FEET (DELTA 53°51-47") (CHORD BEARING N05°49'26"E) (CHORD 27.18 FEET) FOR 28.20 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 2,707.00 FEET (DELTA 06°38'01") (CHORD BEARING N17°47'27"W) (CHORD 313.24 FEET) FOR 313.41 FEET TO A POINT OF TANGENCY; THENCE RUN N12°59'28"W FOR 24.79 FEET; THENCE RUN S63°31'54,l _ OR 27.43 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLYO ..NG AN ARC OF A CURVE TO THE LEFT OF RADIUS 30.00 FEET (DELTA 42'20'11" (LH`O'RD BEARING S42°21'48"W) (CHORD 21.67 FEET) FOR 22.17 FEET TO A POINT OF TANGEN Y� THENCE RUN S21°11'43"W FOR 35.31 FEET TO A POINT OF CURVATURE; THENCE-AUN' SOUTHWESTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 45.Q6 F T,`(DELTA 67°19'14") (CHORD BEARING S54°53'48"W) (CHORD 49.95 FEET) FOR 52.94 FEET TO A POINT OF TANGENCY; THENCE RUN S88°40'03"W FOR 26.81 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLY ALONG AN ARC OF A CURVE TO THE-,,.I:.F-Vr OF RADIUS 40.00 FEET (DELTA 55°45'03") (CHORD BEARING S60°45'04"W) (CHORCP37.40 FEET) FOR 38.92 FEET TO A POINT OF TANGENCY; THENCE RUN S32°52'33"W FOA 48.17,,FEET; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE LEFT,OF,FgADIUS 820.00 FEET (DELTA 01°23'51") (CHORD BEARING N56°25'31"W) (CHORD 204I 0,FE T) FOR 20.00 FEET; THENCE RUN N32°52'33"E FOR 47.93 FEET TO A POINT OF CUE; THENCE RUN NORTHEASTERLY ALONG AN ARC OF A CURVE TO THE RIGHT,b RADIUS 60.00 FEET (DELTA 55°45-03") (CHORD BEARING N60045'04"E) (CHORD 56.11 FEES) ,OR 58.38 FEET TO A POINT OF TANGENCY; THENCE RUN N88°40'03"E FOR 26,81 FEET tTO A.,POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG AN ARC OF A CURV�� TO THE LEFT OF RADIUS 25.06 FEET (DELTA 67°16'58") (CHORD BEARING N54°52'40 E),'fb,HORD 27.76 FEET) FOR 29.43 FEET TO A POINT OF TANGENCY; THENCE RUN N21011 3"E FOR 35.30 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY AL01-46.AN ARC OF A CURVE TO THE RIGHT OF RADIUS 50.00 FEET (DELTA 42°20" 1") (CHi RC,:BEARING N42°21'48"E) (CHORD 36.11 FEET) FOR 36.95 FEET TO A POINT OF TANGENfi`;'THENCE RUN N63°31'54"E FOR 52.79 FEET TO THE POINT OF BEGINNING. CONTAINING 0.32 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THESTERLY LINE OF MEDITERRA PARCEL 106, RECORDED IN PLAT BOOK 36, PAGES 45 AND' COLLIER COUNTY RECORDS TO BEAR S 12059'28" E. PARCEL #34 ATRACT OR PARCEL OF LAND LYING AND BEING IN SECTION 11, TGWHIP.48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA.' SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED -'-AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 11; THENCES.88°41'15"W., A DISTANCE OF 3222.16 FEET; THENCE N.01041'15"W., A DISTANCE OF 1703.62 FEET TO THE POINT OF BEGINNING; SAID POINT LYING ON THE BOUNDARY LINE OF CONSERVATION EASEMENT #2, AS RECORDED IN OFFICIAL RECORDS BOOK 2685, PAGE 2252, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING FOUR (4) CALLS: (1) THENCE WITH A POINT OF CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1020.00 FEET, A CENTRAL ANGLE OF 2°00'14" AND A CHORD BEARING AND DISTANCE OF N.18017'10"E., 35.67 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 35.68 FEET; (2) THENCE N.17°17'02"W., A DISTANCE OF 219.83 FEET TO (3) A POINT OF CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 880.00 FEET, A CENTRAL ANGLE OF 11051'37" AND A CHORD BEARING AND DISTANCE OF N.23012'50"W., 181.84 FEET; THENCE 1780093vl Packet Pg. 207 *** OR 4561 PG 922 *** 3.B.h ALONG THE ARC OF SAID CURVE A DISTANCE OF 182.16 FEET; (4) THENCE N.29°08'38"W., A DISTANCE OF 113.77 FEET; THENCE N.60°18'54"W., A DISTANCE OF 20.00 FEETTO A POINT ON THE WEST RIGHT OF WAY LINE OF CORSO MEDITERRA CIRCLE, AS SHOWN ON MEDITERRA SOUTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 38, PAGE 69, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID RIGHT OF WAY FOR THE FOLLOWING FOUR (4) CALLS: (1) THENCE S.29°08'38"E., A DISTANCE OF 113.96 FEET TO (2) A POINT OF CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 90000,FEET, A CENTRAL ANGLE OF 11°51'37" AND A CHORD BEARING AND DISTANCE OF�`:2,°1 '50"E., 185.97 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 181 FEET; (3) THENCE S.17°17'02"E., 219.83 FEET TO (4) A POINT OF CURVATURE C6fgCA-TEN RTHWESTERLY, HAVING A RADIUS OF 1000.00 FEET, A CENTRAL ANGLE OF 1°4637" ANDA CHORD BEARING AND DISTANCE OF S.18°10'21"E., 31.01 FEET; THENCE ALONG TH]EAfM F.,SAID CURVE A DISTANCE OF 31.01 FEET; THENCE S.59°30'13"W., A DISTANCE OF 20.40 FEET 4HE POINT OF BEGINNING. PARCEL #37 A TRACT OR PARCEL OF LAN BEING A PORTION OF TRACT "GC-1 B" OF MEDITERRA SOUTH GOLF COURSE PHASE ONE, EGOCiED IN PLAT BOOK 37, PAGES 52 THROUGH 58, COLLIER COUNTY RECORDS, LYING IN SE _ TION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRAGVQR; ''PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: r , e"°•. BEGINNING AT THE NORTHEAST CORNERDRSAID TRACT "GC-1 B" ALSO BEING THE SOUTHEAST CORNER OF THE RECORD }}"AT OF MEDITERRA PARCEL 100, AS RECORDED IN PLAT BOOK 34, PAGES 1 TkLR4U F1w.2, COLLIER COUNTY RECORDS RUN c S 20057'25" E ALONG THE EASTERLY LINE OF AID+TRACT "GC-1 B" FOR 148.90 FEET TO o A POINT OF CURVATURE; THENCE RUN SOUTHERLY ALONG SAID EASTERLY LINE C%4 ALONG AN ARC OF A CURVE TO THE RIGHT O 5AM.4 558.00 FEET (DELTA 10°54'24") N (CHORD BEARINGS 15°30'13" E) (CHORD 106.06 FEES QR 106.22 FEET; THENCE RUN S a 85°16'11" W ALONG A NON -TANGENT LINE FOR 51.$ET.:TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID TRACT "GC-1B"; TH 'NOE�0N ALONG SAID WESTERLY c LINE THE FOLLOWING FOUR COURSES: N 22°28'59" 1IV F0F_',75.45 FEET; N 11°50'16" W N FOR 58.14 FEET; N 27°59'47" W FOR 38.73 FEET AND�L"�eQ4'=51" W FOR 72.02 FEET; THENCE RUN N 06°16'45" E FOR 20.99 FEET TO ANRSECTION WITH THE NORTHERLY LINE OF SAID TRACT "GC-1B", SAID POINT` ING-ON A NON -TANGENT z z CURVE; THENCE RUN ALONG SAID NORTHERLY LINE THE FOLC 'ING TWO COURSES: W EASTERLY ALONG AN ARC OF A NON -TANGENT CURVE TO THIt LEFlf OF RADIUS 55.00 = FEET (DELTA 09°35'31") (CHORD BEARING N 73-50-20" E) (CHOR-6,­9'FEET) FOR 9.21 v FEET TO A POINT OF TANGENCY AND N 69°02'35" E FOR 89.70 FE& TO.ftHE POINT OF BEGINNING. Q CONTAINING 0.37 ACRES, MORE OR LESS._ BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE SOUTHERLY LINE FTRACT "B" AS E SHOWN ON THE RECORD PLAT OF "MEDITERRA PARCEL 100" RECORDE; `` IAT BOOK 34 R PAGES 1 THROUGH 2, COLLIER COUNTY RECORDS TO BEAR N 69°02'35" E. Q 1780093v1 10 Packet Pg. 208 MORRIS/ F--j 2914 Cleveland Avenue I Fort Myers, Florida 33901 3.B.h DEPEW - Phone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS Property Owners List Mediterra SE Entrance Mediterra Community Association, INC 15735 Corso Mediterra Circle Naples, FL 34110 ti O N M O O O r N O N J a O N O N Packet Pg. 209 3.B.h M O R R I S ,,-' F----i 2914 Cleveland Avenue j Fort Myers, Florida 33901 mmmmE P EW — Phone (239) 337-3993 j Toll Free (866) 337-7341 www.morTis-depew.com ENGINEERS • PLANNERS - SURVEYORS LANDSCAPE ARCHITECTS LETTER OF AUTHORIZATION TO WHOM 1T MAY CONCERN: PLEASE BE ADVISED THAT I (WE) AM (ARE) THE FEE SIMPLE PROPERTY OWNER(S) OF THE PROPERTY DESCRIBED BELOWAND THAT MORRIS-DEPEWASSOCIATES, INC. HAS BEEN AUTHORIZED TO REPRESENT ME (US) FOR THE BELOW REFERENCED PARCEL(S) IN ALL MATTERS PERTAINING TO REZONING OR DEVELOPMENT PERMITS. THIS AUTHORITY TO REPRESENT MY (OUR) INTEREST INCLUDES ANY AND ALL DOCUMENTS REQUIRED BY THE REZONING, PLANNING OR PERMITTING REQUESTS SUBMITTED ON MY (OUR) BEHALF BY MORRIS- DEPEW ASSOCIATES, INC. STRAP NUMBER OR LEGAL DESCRIPTION: STRAP# S9960211964 COMPANYAAME ct�A'/L \TURF Rodney Chase, President PRINTED NAME & TITLE STATE OF F — COUNTY OFPajber- The foregoing instrument was acknowledged before me, by means of physical presence or online notarization, this ,day of , 2022 , by ' Cr My Commi sion Expires: . iuA(�tj r� G aG Notary Public` o1�;Pue� STACYR.RION Notary Printed Name (seal) ? ' Cammtsskn4GG909583 g a� Expires september2,2023 i,neee Tlw SO" WAJ Sark" Packet Pg. 210 w a a ci w Y O O O — m — w G w J 2 a_ cn O aass3, da.,- — -a3 a- o 00-0 , ZOK � IN-H du.:w-4—V ;t. 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V N li8'S5'2f'E f274.57 B3------------------ ____1----------------------- aw Lj 0 O `� a 'day /Q 3.80 9i:2g 8 QU 3. BSEl �dB S - \ N BB'WJ4 /35'E 344.48 V fl _ _ 8 88'54'36"N 1f09.44 l _I ------------- I I I I E-' ;T, O E-� � I d � U Z I �xo N 88'5f'44"E 1f09 �4 U� O TRACT "A" E� SEE SHEET 8 OF 10 J P Q U F'- U Q I- I t /ol llOw II/ I , �W it z c J Z� WI W � o a LL_ QWfI Z O �i H , � (n I W a LU M W Uco W <w a F- o LLJ Z I J , ®I LIJ r®II w i _® .1 a 3.B.h AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003207 I, Rodney Chase (print name), as President, Board of Directors. MCA. (title, if applicable) of Mediterra Community Association, Inc. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0applicantEDcontract purchaserand that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4, The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Morris-Depew Associates, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes, • If the applicant is a corporation, then it is usually executed by the carp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, -then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it re true. Sign toe Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instfument was acknowleged before me by means of mrphysicai resence or El online notarization this X�Uay of 20 22 , by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: Are personally known to me Has produced a current drivers license Has produced as identification. aovAY!U•i� STACY R. RION Commission F GG 909583 Notary Signature: Cv� �' �\o� Expires Seplambsr2,2023 poi do eona.a trru loos« liavry 9rrioM CPM-COA-001151155 REV 3/4/2020 Packet Pg. 221 3.B.h co'LLier c01.1.ty Growth Management Department ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed by Addressing personnel prior to the pre -application meeting. Please allow 3 business days for processing. Not all items will apply to every project. Items in bold are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below. Complete a separate Addressing Checklist for each Petition type). ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use Permit) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ✓❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy desc�ptio� pay e attached) Portion of R & MEDITERRA PHASE THREE EAST UNIT ONE RACTS FOLIO (Property ID) Number(s) of above (attach to, or associate with, legal description if more than one) 59960211948 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way • SURVEY (copy — only needed for unplatted properties) CURRENT PROJECT NAME (if applicable) Mediterra Phase 3 East, Unit One PROPOSED PROJECT NAME (if applicable) Mediterra Southeast Entrance PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR orPL# PUDZ01—AR-620 Addressing Checklist (Rev 12/2021) Page 1 of 2 d w U U a Q J U_ 2 LU Q w F_ lo LLI ti O N M O O O N O N J IL O N O 1* 04 H Z W 2 U Q t— t— Q r c m E t U r r Q Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 222 3.B.h Collier County Growth Management Department Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Mediterra Phase 3 East Unit 1 Please Return Approved Checklist By: DEmail ❑Personally picked up d Applicant Name: Mediterra Community Association W U U a Phone: (239) 337-3993 Email: bsmith@m-da.com (agent) Q J U Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by = the Operations Division. w Q FOR STAFF USE ONLY w 0 Folio Number 59960211948 w 2 Folio Number 59960211964 c N M CD Folio Number o 0 N Folio Number c N J a Folio Number 0 N O Folio Number N Approved by: Date: 4/ 7/ 2 2 w 2 U Updated by: Date: < t— Q r c m E IF OLDER THAN 6 MONTHS, FORM MUST BE a UPDATED OR A NEW FORM SUBMITTED. Q Addressing Checklist (Rev 12/2021) Page 2 of 2 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 223 3.B.h Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 'ROPFRTY n%AiKirRc41ia nISCLOc-1 iRF FnRnn This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: C Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Mediterra Community Association, INC Not For Profit 15735 Corso Mediterra Circle, Naples, FL 34110 Note: Please see attached. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 224 Cottier County 3.B.h COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f f. Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a corporation. partnership. or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 225 GOAT C)14Hty 3.B.h COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierxov.net (239) 252-2400 FAX: (239) 2S2-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 aA&kl.ft Agen /Owner Si nat re Agent/Owner Name (please print) o,,AV P �. STACY R. RION Commission kGG909383 #�. o� e� 1�OfFL«F� Expires Seplemtbr 7, 2p13 6^14dfirv6mWN#WY$K*0 Created 9/28/2017 -� Date Page 3 of 3 Packet Pg. 226 7/19/22, 8:34 AM Detail by Entity Name DIVISION OF CORPORATIONS erg w► official 3twe of Florida websiee Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Not For Profit Corporation MEDITERRA COMMUNITY ASSOCIATION, INC. Filing Information Document Number N000000O0565 FEI/EIN Number 65-0993064 Date Filed 01/28/2000 State FL Status ACTIVE Principal Address 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Changed: 05/13/2010 Mailing Address 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Changed: 05/13/2010 Registered Agent Name & Address HART, THOMAS B, ESQ 1625 HENDRY ST THIRD FLOOR FORT MYERS, FL 33901 Name Changed: 01/10/2022 Address Changed: 01/10/2022 Officer/Director Detail Name & Address Title D, President CHASE,RODNEY 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Title D, VP https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrl Packet Pg. 227 7/19/22, 8:34 AM Detail by Entity Name I 3.B.h I TARR, KEN 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Title D, Treasurer FOLLIT, EVELYN 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Title D, Secretary JAFFE, ALAN 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 11111107111191 BREWER, CHRISTINE 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Title D PERNA, ELAINE 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Title D RUSATE, DAVID 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Title D WATERS, LESLIE 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Title D YIE, CHARLES 15735 CORSO MEDITERRA CIRCLE NAPLES, FL 34110 Annual Reports Report Year Filed Date 2020 02/14/2020 2021 03/08/2021 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrl Packet Pg. 228 7/19/22, 8:34 AM Detail by Entity Name 1 2022 02/16/2022 Document Images 02/16/2022 -- ANNUAL REPORT 01/10/2022 -- Reg. Agent Change 03/08/2021 --ANNUAL REPORT 02/14/2020 --ANNUAL REPORT 03/14/2019 --ANNUAL REPORT 04/10/2018 -- ANNUAL REPORT 11/15/2017 -- AMENDED ANNUAL REPORT 10/23/2017 -- Reg. Agent Change 03/16/2017 -- ANNUAL REPORT 03/18/2016 -- ANNUAL REPORT 02/05/2015 -- ANNUAL REPORT 03/13/2014 -- ANNUAL REPORT 03/22/2013 -- ANNUAL REPORT 04/26/2012 -- ANNUAL REPORT 12/06/2011 --ANNUAL REPORT 04/29/2011 --ANNUAL REPORT 08/03/2010 --ANNUAL REPORT 05/13/2010 -- ANNUAL REPORT 03/04/2010 --ANNUAL REPORT 10/08/2009 -- ANNUAL REPORT 02/05/2009 -- ANNUAL REPORT 03/13/2008 -- ANNUAL REPORT 03/27/2007 --ANNUAL REPORT 03/20/2006 -- ANNUAL REPORT 03/25/2005 -- ANNUAL REPORT 04/30/2004 -- ANNUAL REPORT 02/27/2003 -- ANNUAL REPORT 05/15/2002 -- ANNUAL REPORT 05/18/2001 --ANNUAL REPORT 01/28/2000 -- Domestic Non -Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https:Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOr Packet Pg. 229 (10d SS300V mv-lnOIH3A VNN31103W LOZCOOOLZOZld OZOI?Z) E) IN3WH3VIIV:IUGWL13BPV Cl) 3 4) 0. ZA Ix- :P4; r Awl's 1w, 6 t (Iad SS300V mv-1 OIH3n ` NN31lO3UY - LOZ£0MUZ-1d OZOtiZ) J 1N31MHOViId :IU8WLj3BIIV N 04 vi e V `►- IS- Q E :� � n v (Iad SS300V mv-1 OIH3n ` NN31lO3UY - LOZ£OOO UZ-1d OZOtiZ) J 1N31MHOViId :IU8WLj3BIIV M t M N Ch M c ` d Y V f3 0 d VI W a� C14 3 s v' � LLI °C I n N � UO Z �1 Ui N all w 3.B.h MORRIS 2914 Cleveland Avenue I Fort Myers, Florida 33901 DEPEW ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS Zoom Comment/Response Phone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com NIM Meeting Transcript PUDI Amendment 00:18:55 Dick Johnson: When the question and answer begins, would you please repeat all questions that are asked so those not in the room can understand the question. I cannot hear the questions. 00:45:59 Steve Izzi: Is there any provision for pedestrian foot traffic A: Yes, we are accommodating interior foot traffic, we are preserving the sidewalk that already exists (moving it a bit) 00:47:53 Larry.Drake: The current wall is about 8 to 10 foot above grade. The shows level What does the transition look like? A: The current wall is 6 or 8 feet, the proposed wall sections will remain consistent with existing, there is a 10-foot barrier below the wall so altogether the top of the wall is 18 feet approximately above grade, wall will be stepped down as quickly as we can at the gate. 00:48:20 Larry.Drake: This show at grade 00:49:39 Daryl.Adams: What is the approval process of this Southeast Access? A: The PUD application which does amend the zoning resolution for the development, the master concept plan essentially showing that there is or is not an access here. The submittal needs to be reviewed by the County, and another application was also submitted with the engineering plans. 00:50:26 Peter Bowen's iPhone: Who will pay for the gate? A: I can't speak to that, that will be paid for by Mediterra 00:50:35 Larry.Drake: sorry for the type o's 00:50:45 Pat Ward: Will any activity at the proposed gate be monitored, via camera, by the "manned" security gate? A: That is a question that I cannot answer, video monitoring is not part of the submitted plans, that is the decision of the Mediterra community. 01:04:12 Dick Johnson: I live on that side 01:04:43 Suzy Riedel's iPhone: I live on this side and am totally opposed to this gate going in! 01:05:16 Daryl.Adams: I live on this side 01:07:28 Daryl.Adams: and I'm opposed to the gate being added. Packet Pg. 234 3.B.h Page 12 01:09:08 Dick Johnson: Was there ever in your knowledge a Collier County traffic safety study completed on Livingston between the east and west side of Mediterra was submitted for purposes of installing traffic lights? A: Traffic studies have been done in the past however we have no knowledge of this. 01:11:21 Pat Ward: I live on the east side, and my security concerns, which i have raised from day 1, remain a major issue for me. Disappointed with MCA Board's response to this, to date. 01:13:59 Icasa_v62ar2c: Where was the original access point relative to where this access point is. 01:18:53 Larry.Drake: If this is a safety issue with turning left onto Livingston from the east gate, why do we need an entrance? Why can't it just be an exit to solve the problem? A: Some confusion, the proposed gate is being permitted as entrance/exit to give the option in the future, although it is currently only proposed as an exit. 01:19:08 Todd Van Fleet: For the sake of clarity, did i hear the right arrow turn lane is no longer needed/feasible because of the traffic volume? A: that is not something that I am able to answer at this time, this application does not include the design of the gate. 01:19:49 Larry.Drake: No, just an exit from this point 01:20:20 Icasa_v62ar2c: Where was the original access point relative to where this access point is. 01:20:57 Larry.Drake: Thx 01:22:04 Icasa_v62ar2c: For the purposes of safety and security, can you assure us that gate height will be as tall as the existing wall height? In -Person Comment/Response Q: What is the property to the east of Mediterra East A: That is a utility easement Q: Is this exit only or will this be an entrance/exit access point A: The entrance is being permitted to be able to function as an entrance/exit, which will allow a second point of entry for emergency vehicles only, which is a major justification for the project. The Mediterra community will have the ability to leave the entrance gate non -operable, which is the intent, so it would be an exit only function for residents, delivery drivers, maintenance etc. The functionality for entrance for all would be there if the residents ever decided to allow that in the future. Packet Pg. 235 3.B.h Page 13 Comment: Community member states that "the functionality is there but it was mentioned at an earlier board meeting that it could be changed to entrance/exit without any voting from membership or anything like that so we might as well plan on it being entrance exit" Q: I would like to know what the materials being used for the buffer will be and also the height of the walls. A: That is still being designed and it is pending owner approval which is the Mediterra Community. The majority of the buffer will not change except for the gate area, a lot of what you are seeing is additional landscaping being planted. Q: Allison Wescott: how much land is there. Q: Pat Roberts: I have a long-term question so we are looking at this road and we all know that eventually that road is going to go to 1-75, we just know, is going to continue to grow so we have the apartment complex on one side and ours on the other. Has the city discussed what the city will do when we face the same problem there (at the new access point) turning left to the get into the neighborhood that we are now facing turning left onto Livingston. Have they talked to you about traffic lights, which they wont let us have to turn safely onto Livingston, has any of that been in discussion? A: The short answer is the traffic impact statement which analysis traffic is currently under review with o Collier County Staff. I can tell you a couple facts that are public knowledge. One is that there was a point w 2 in time where veterans would extend to 1-75 before the on/off ramps. The talis park next door has built ti within space needed for that extension so that is not to say that is couldn't be done, collier has not given N up on that option but there has not been any discussion that the extension would come to fruition. c There are two vehicular drives available to residents of Mediterra. The two exits would solve a lot of the CD N turning movements that could be described as you experience them on Livingston. If that problem arises N turning left into the new access off veterans, you can simply go to the light, make a right, and go into the a- other entrance so it provides options. c N O Q: Alberto Negro: this gate that you are mentioning, is this only available for people with their car c�•� registered or is there another way this will work. A: there are a lot of different options for how to operate automatic gates, as of now with the plan for it to be exit only, it automatically opens for any vehicle that comes up to it, as is required for emergency reasons, but nobody will be able to get in the exit gate except for emergency vehicles that has a special entrance device. Q: Alberto Negro: so far, the gate will exit only? A: So far, that is the option that Mediterra would like to use, this application does show the option in the future to allow both so if the community decides otherwise, there are a lot of different technologies that residents could choose to access the new point using. Q: Rob Obler: Is most of the landscaping on county land, are they going to let us use that land for the project. A: The short answer is that the project is still under review with Collier, and we have had preliminary meeting with the county and they have verbally approved the idea pending final documents, the Packet Pg. 236 3.B.h Page 14 maintenance would be the responsibility of Mediterra but the county would allow it in that area if approved. Q: Please return to the overlay slide, so what does the red show exactly. A: The B/W photo is a representation of the new entrance pending final review, the red linework is what is there today so you can see the alignment of Celebrita Court going into the roundabout. Q: Why the proposed drive continues coming out of the roundabout in a southeasterly direction instead of just south. A: There are two answers to that question; first, is that the proposed drive actually does go further south than the existing drive so there is essentially more real estate gained on the north end with the proposed entrance, it grows that area along the house on the corner so we did push it (the entrance) down as far as we felt that we could with the understanding that the roundabout design is geometrically designed with the separation requirement of the three drives entering the roundabout in mind for traffic safety reasons. So to realign the drive further south we would have had to move the entrance so close to the other drive that is would have created unsafe conditions. Q: What is the impact on the first house on the corner A: There is no work proposed within the lot of that house, all work proposed is within the existing roadway tract and the common area tract to the south. The pragmatic impact of that area along that closest house is that the edge of the roadway will move further away from that house and there will actually be more landscaping between that house and the road. Q: Scott Thompson: (property owner of the house on the corner) I've started this in 2020 when the first survey came out and my response was this is a horrible decision, and we should stop wasting resources on this. I voted for every assessment of Mediterra and I moved here in 2008 and I've been a full time resident ever since. I sent an official letter to the board stating the impact to my neighbor and myself of our home values and the impact that this is going to have on our homes and I was listened to but nothing really happened. We have had no choice but to at least have an attorney take a look to see if this is feasible or not and whether the planned unit development can do this or not and we will have a little more on that later and I am being as professional as possible and I would think that any of you, which if this happens can happen to any of you would be in the same situation that I am. I bought in the back of this subdivision and yes, there was an old construction drawing that had an access but that was never part of it. I bought in the back of the subdivision because is was private and I knew that there was never going to be anything like this which (the proposed access) now goes right through my front yard. A: we will take that into consideration. Q: Mrs. Thompson: Can you go back to the picture of the gate please, so what goes on either side of the pillars, that just shows there are trees. A: I would chalk this up to detail on the rendering that may end up being a bit different in reality. Currently the wall is proposed to extend to either side of the gates. Q: Mrs. Thompson: So when are we going to see that is truly happening because that is not the case in the picture (referencing small gapes between the pillars and the proposed wall in the rendering). ti 0 N M O O O_ N O N J IL 0 N O 1* N Packet Pg. 237 3.B.h Page 15 A: the construction drawing submitted to Collier County do show the wall extending from the existing wall to the pillars on the gate. The only break in the wall that is proposed is the gate itself. Q: Mrs. Thompson: have you looked at gates because I am going to tell you right now, every child that is thin slides underneath all these gates in all these communities to go fishing, to meet up with their friends and I will tell you that we have one of them. We have told him not to do it, but they make their bodies completely flat, and they get under every single wall possible. So, unless that gate is going to come all the way down, people will be doing this. A: acknowledged, the final design of the gate is not complete, and we will take that into consideration. Q: Pat Roberts: did you not say earlier it was planned to have two gates with a center pillar and this isn't representative of what is planned. A: that is correct, the current construction plans that are submitted to Collier County show two 14-foot gates with a pillar in between. Q: Pat Roberts: so it is much wider than what we are looking at correct? A: It is not much wider than what we are looking at. Q: Isn't there a reason why the access is in the spot that it is, such as an electrical box A: The factor that influenced the alignment of the access the most was the Counties requirement for traffic safety issues as they pertain to Allura, although it did work out because there is a county lift station there as well. Q: Jerry Garland: if this is county land and it is our expense to upkeep it, how do you permit homeless encampments from showing up, because everybody has a right to that area. A: That is not under the purview of our plans. I can't speak to what they (the county) would or would not allow in the right of way. Q: Is the wall on that line A: the wall is 10-20 feet behind the Right of Way line. There is some private land between the wall and the right of way Q: John Handy: Do the homeowners get to vote to approve this project as part of the development application? A: The County is the decision maker on whether the plans are approved. Whether the project moves forward or not is the Communities decision. Q: Ron Stovash: Why can't the wall just be higher than the pillars of the gate to provide security. A: This application does not have the detailed design as part of it, there are options, and the design is still under review. Q: Mrs. Thompson, when you say the community's decision, just refer to it as the board decision because we have zero say in this. Packet Pg. 238 3.B.h Page 16 A: The contractors and consultants are retained by the Mediterra Community Association, the relationship between the association and the community is out of our scope. Q: After the county approves the project, how much input do the people directly impacted have and can we sit down and have input on aspects such as tree selection etc? A: That is not a decision that we don't make those decisions. We make decisions based on the client, Mediterra Community Association. Q: Has there been a meeting set to review application and can the submitted application be viewed anywhere A: The plans are public record and can be viewed through the CityView Portal. No HEX has been planned yet. Q: Who will pay A: The community will fund it, no official plans have been decided Q: How is this work today and in the past being paid for. A: The work is being paid for by the Mediterra Community Association. Q: What will happen to the existing sidewalk? A: The sidewalk will be moved from the existing position. A: The corner property will gain 20-30 feet of front yard because of the proposed changes. There is no construction or demolition proposed on private land. All work is within the existing roadway tract. Q: Mrs. Thompson: question regarding the length of the corner driveway and also about how they plan to match the cement color of the driveway, question regarding what the construction will entail for her private property and if she needs to give permission. A: These are code minimum construction drawings, that is a construction item that is out of the scope of our work, construction on private property would require your permission. Q: Why can't we have a guard house at the gate. A: That question was contemplated in the initial planned stages however there are county codes that make that geometrically difficult, further construction and impacts would happen in order for a guardhouse to work. Q: Is this where the original PUD Masterplan showed the access point. A: The plan was conceptual; however, the access is located in the same general area. Q: Why can't the county create an exception to allow us to have a manned gate. A: The county advised us that a manned gate would likely not be approvable. Q: Can we expand the project area to include room for a possible gatehouse if it is allowed by new staff in the future? Packet Pg. 239 3.B.h Page 17 A: Noted. Q: Is there a signal proposed for this project. A: there is no signal proposed for this project. The traffic study did not show that it was warranted. Q: what happens to existing monument on Celebrita? A: The monument will be relocated to the new island which is slightly shifted. Q: How will trucks be able to get around this turn off of the roundabout? A: Whatever can navigate it now will continue to be able to navigate it, the changes are compliant with the County requirements. Q: Where will the monument go/look A: That is at the prerogative of the Mediterra Community Association. Q: Will there be a time where designs are less conceptual that the com m Lnity can give input? A: There are no more required informational meetings although the public hearing with the Collier County Hearing Examiner is open to the public and the public can attend and provide input. There will be public notice for that meeting. Packet Pg. 240 3.B.h AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance J (Si tyre Applicant) State of Florida County of Lee The regoing Affidavit of compliance was ackn edged before me this 2022 by Ttaw _Ij - --- known to me or who has produced 0 I ('1 atuce of Notary Public) 164flv) A Printed Name of Notary G tNIM Procedures+AiTdavit Of Compliance - NIM Oct2010 Doe t day of , who is personally as identification. (Votary Seal) KrWW Abraham Notary Public Stage of Florida Corm" NH102345 dues 3/9/2025 Packet Pg. 241 3.B.h Publication Date 6/27/2022 Ad Number GC10904074 Publication Naples Daily News Market Naples Delivery Method Email Number of Affidavits Needed 1 Customer Name Morris Depew Assoc Customer Phone Number (239) 337-3993 Customer Address 2914 Cleveland AVE Fort Myers, FL 33901-6003 Account Number (If Known) AP-538614 Customer Email BSchleifer@m-da.com Your Name Marita Froimson Email Address mfroimson@gannett.com Packet Pg. 242 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 MORRIS DEPEW ASSOC 2914 CLEVLAND AVE FORT MYERS, FL 33901 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. 6/27/2022 Subscribed and sworn to before on June 27th, 2022 otary, Vep,res: aunty Brown My com5. f �A PUBLICATION COST: $1,008.00 AD NO: GC10904074 CUSTOMER NO: 538614 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD NANCY HEYRMAN Notary Public State of Wisconsin 3.B.h Packet Pg. 243 (Iad SS30DV mvinDIH3n VUH31la3W - LOZ£0006ZOZld : OZOVZ) J 1N3WH3VIIV :Iu8wt43BllV C (13 Lr) (1) C L >1 }' a) (n I.-i a) U I--1 a) Lo -0 4- C C 0 N N}(d a)O E a) a) .0a)O °v CU)U)-C U���' O + a) > *� a C (DQ� OQ .j > -0� U Ya) U _0cz�CVC mr }. 0-0 cz > U p cz O 0) CAN O a) U) C) _C -0 O J C C cz a c�acZ CD CO 0')� OU Na) L� L)� O CQ � V a0 O- aCa)+J 6�cz ) aa) O O N'r- D U) C C(Y) ° Uj CV , C. 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Prolessional5ervicesl i Purl bran YOur tpgh brrrlhl 13 1175-1144 v 5Categories Pans, C/t 739.7l14d54, yy oSa5,000. 279.3a9.9t 7t OPEN Cir Games Agent Own+ BeFvtHYI IAt Mewl with Autometive July J, zozz dock and kdHE it Looking Bald Royce Silver Spur LlBB wtrZ LhyR his a Perfmallblade eat. wm.mm Scape I work and re9uire- ekly/monthly This won't hidn 8 c+ryH. 621 prq. miles. Igt„p e tall Call L^rrie or RunsaY 339. SOOraho Irtsp:lfwww.d sm�V! Sm ,ds�Lr.<Ri- Michael Y239-7]664960r ba51 dE3 la jUtJ Trade In tWw'der 340.513A 154 y�glpll�Tr/bldYa h3FEEL1l rrl 239-SBO-9472! Home Fi Vehicles 6g-�S++ffle IDSIS110-J477 L� ps AngHWWw 011leas4hpobp S l,p `Rpll r,q 1,5 bra. a 1 t1aLa3ii773 ar roil us-•t 34116 NepI dGa(tltn Gate, pA•TOP DOLLAR PAIDI Q35R77-0047 as, DJI,errrl. pvmh, LAKETARK- 13-s n tree- for Classics Cars. Muscle L nsNRl113u. Farm "1. gar, laundly n. LR 1V m elr,g„ refs req'd, Wes, 1,701i 3/2 Rental. Private a clean [ars, R Sports Cars. TNC SShaW [oxd of SR.' Guen Hw1e ran 7,5 Call 239.571-fi7B3 (739)721-3000 r Collar COvnIY. Slerlde L�r [Y-.IWru R.mNA Pallas, Asrer In G.G. EaSm:n _ yspgrlrtmedenl ute ae Scisoph front I-7i, 15 mrnrbm ABSOLUTELY ALL AUTOS n OP It ma wd sew. IP Aulhtuired Ly WYId Nna, sr, PRwnlewn mtl $er[h. Lost - Wanted! Dead .1tiS. Top t mnr"f14a.mA Ma'xa a last MIN rl-1. Putthedey P}altK itw fIP•Tmal FREE PICKUPI T79•'/fi5.61PO gar/g!. Nan SmekN Reg, - r„enrwd6la,r.101 ]S6]Ori Hwna Q.39yNi1-1109 Gk'Ilde 9+1ed.eam, N. Nefdes CLASSIC/VINTAGE CARS June 21, 27, July 3, 2022 1BR7 aA unf nrw II„or, CASH PAID, LOCAL BUYER Sea-Doo 201] GTX LimRed 5303776 a L 15691pp lL 7 L+r pet. Dlr ANY CONDITION, 260.3 Seater, Tuned up last lakes i4mil-7 Paab, na yRtL CALL: 941-993 4060 l wl{h H+eIfA.lkYna new I $SetRl 73t1.70B-SM57 Sk{ Cpw-Tral4 R MuHIPk y �y Q/'y�,pq� Sklurs+=Il,a,ad�,roHrsp,.d. WheeklReaeatlPn 1230$, ir7 ueiitifn. Radio i H iil V Id1 ST,iOD 060.5i T33.7Gi63, Llgnq ten. ikl.n, w+pplx. ee �i�,." k`i�^rea'i �f1W ,neY<an,m,l I Fhtdyour-dawhere! PaaL Pat ak, R3917DG' 09 TW l o'li 4•.m oniln"ati8is .r. NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Ben Smith, AICP, of Morris-Depew Associates, representing Mediterra Community Association on July 13th. 2022, at 5:30 p.m. at 15755 Corso Mediterra Circle. Naoles. located in the club ballroom. The subject property (FOLIO #59960211948) is located at the southern boundary of Mediterra East, south of Celebrita Court, to the north of Veterans Memorial Boulevard and to the east of Livingston Road. The Mediterra Community Association is petitioning Collier County to approve a Planned Unit Development Insubstantial Amendment that would allow for a new vehicular access point connecting the Mediterra East internal vehicular circulation network to Veterans Memorial Boulevard. The Applicant has created a revised Master Concept Plan for Mediterra to include the proposed vehicular access, which will become the official plan following approval. SELL IT BUY IT FIND IT cars yard sales tickets antiques Moto' computers boats sports equipment pets instruments jewelry furniture auctions collectibles appliances cameras coins Place your classified ad today. . Pu blfc Naticei WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the project team and Collier County staff. If you are unable to attend this meeting, but have questions or comments, or would like to participate by Zoom, please contact Ben Smith by July 13th, 2022 by phone or email at: (239) 337-3993, Morris Depew Associates, 2914 Cleveland Ave, Fort Myers, Florida 33901. ,%MJfl 9im- da.com 3.B.h r- O lV M O 0 0 lV O N J a 0 N 0 V 21 Business & Service Directory TLU toadvertise,email: Sarvl-Dlreclory@neplesnews.com or ,It; 239.263.47QG 2 U � 1 H ABSENTEE HDMECARE Inc �l ��}� Miu. Home Servins, HIIdy`s C ugivt Nueded • hdsan /' '� Haneyman, Rental Cleaning, Unlo* d y-le Massages Q $6)�,FtrmtM saes'wwWW 1WI.L,me i Mo nda S.turde `�s�■/�•I�iN�j(1�jM.K_, Nw.n glverfp ntr Pressure Wah inJ]n,. Y- Y 'I i_- ' .. Ianrewl%A ally It Watching. LiJlns. MAg24651 (239jW tE90fi �'yI'� s•Whin rag asbv„ WATCRRI1rF aR[SSY>1[ ll Y k+p. •f WASHING GII23BLU-78BB qq waFEf, mtpleinq II 1 tnuk- MASSAGE THERAPY We i qa+M naweleeaL ,Be- AY SpmaA Ira NiN,LLL t._. glrR,:nyl. la-3W� w 7eea Lar�qq,, 3auw op.rasee, i : Buy/Remove .07iI t rvrnpt utmar pu.liry end PPrp(nsba.l Ne Hk,wYm, `al0an T - _rMrs•pp fir?' Cd. LLL paNar was11in0 ter en S` k t•r.'j'9S4 A,4r ..�� ,3.1 Junk Ctrs! ISTEEd EXTERIOR .K.IlaDl. Pnr+, ° ltyssrre�i �'-" '' '�rE [811 dE 3aat x3ux7•R2xx C,1 Caring Angels Call today loraauote COITx1y I rYx![[tlmele +sue •f -a LIGWS LCE2a150pO20Sf (13 239-299-1696oryyuul0 73}9tL0779 239-77/-9916 of SWFL watersldeprnsµ LA }Y Save 1p% hen IrNJ.cmm NapIH CustamTlln Ong NI. WE PROVIDE QUALITY Yo° 1969 N-L E.IUot Vet. Fa n,Y Q CARE FOR YOU OR YOUR mmuon this ad y'• _ _ owrtea IAc. d Ns LicYt2B3J� RENEE KEf NE INIT _-- FREE Estimates. (239)596.3928 LOVED ONE, LICENSED, INSURED CALL TODAY MASSAGE THAT WORK51 - 4;`�' FOR FREE CONSULTATION I COME TO YOU! _ (239)919-6739 LUK BALTIE CONSTRUCTION - hhw. P--wnhin Li, MA7317 239.601-7600 �� ' 1Ne Can Mob Yuur a d HANDYMAN SERVICES Halm. Leal Uk.N[V/Aq,� - Still Irwh rmm Cnira94 y wRh Pur PlolmlOnal n i OUil6nR'lPuCss,vt she n10 r t �rt ekrr 61fi Ossis M Trail North J%iF a5%/grit• Llr1/f. SbM[r F.Ypuls. gil•Ipa4d YNVrJ aL mmWu am,am, wA 1:-64rhkn 4DfOrFm EaumaSes tiers, altsrrri lelM YMMxB6S] y� 1nNIM1- r.p.,q to htlp / t°'^' GII 239-73B-071] YYE FmEO rNVEyIfPRYI 139.i{C.7377 LNSA'S ORIGINAL nNgn 6at5 won M,y'el d, ry'p^n, w`'�`b uiH ANP. New I ID .vI Hsnm. BtryGp Srddection Ow a veil home 1111 ent nr as Wciir.i, w Corot lrmks; Scny Geld, tkwwr HualsY lLWlh Cve C1eanFnyp 3ervin Feel free 10 call or tealelo, lea lot �u rm `aii Ths ItAlfmna FJPnulan stsrllnq 916enYue, - Ald m C*nlFk" Nrwklg 273•A153 your her en,mate today Iawl W[I MaNRYeW Tsndan Aw 1 D'a'"a^df, lv'urY W'fl'� Avlst.nt serhf work eL i ® (fi30f6]0-06cd „' Tyadln Gres+, PrIYAe6 Earaglver. www LuaOalhe:rom SCREEN REPAIR MM2N51 Q303 k[2�Ma Mlow bNtrYgt rFSL Meld Ciludirl sus lB 10•rN SNOWALTEK YuP Dellrt PORT. Yrars K03125. !239)717-3811 _ apedrnv. HlB Ny Electrician -Retired -Vet .i OII Rott 33S•$ftABTf ModYated. Ctn[h dIn CPR oamr4Bm.u-F-l-s. SCREENMAOIINFOS..R.,Inc TUTTLESCREEN Ofillgwenfre�wd4 eHntAld,CArrwmkWeek Sen:o, D,scounr, 17 YNff Eap.rlants REPAIR Free Estimates- crud Nights, l V/eek.ndA. Call or Teas 239-961-5694 Tops$75.00 a 9 6112 93 (239) 649-8695 THE FRAME UP atg9, Sit, 34L10 IN... MF�11 !-it, i Ill Sides 550.00 HaYln. Oldest B Besl a a riv. 16•.l wt.,w C'I CFwdlna x39.560 ".. 239�SV-3f2H �� Picture Framing S,YI tk Ia KN.I/IItINHa F. P.-A Reid na. Inquire about our N.. Locati n w �} GII Ttsm x3442163i3D Irnglile srrc Oest Massage In N.Pk,st erwarleeeamaM�w rn Kanleen 550 loth St. N. YMMUN IIMMIM7 f`• f �- Freepuote story -Lk 706010]8 nil lesirameu CPT R391451-SO[t P P' johns s Affordable cielN'B1arlar Bwew rateda I • FREF ESTIMATES' (239i261-4413 e�,�1 Y Cdnplete Body Massag< '!Y F ' - I LEAKS 6 NEW RODiS POWef washing �-I 5o51 Costelb 0U.SWte 230 Call: x39-673-Y434 Packet Pg. 245 o-.I S JrV.-� .�- 'i ]inR.rn,»eY rr• r-,.-•„ V YMM5796, Gina 239.465.3309 r - r ... '� .'sue• Lic Y 1252414 m � T M O7 (1)0- m Ln O a) cz N U) C\j N O - 0 N V . � � Q T W O 0 ; cz O � � O O 0 U Quo 0 U) W U _ — Z �4_ E OE O �CnU( OZOVZ) J 1N3WHOVii ' :4uauayaellV 0 U > -0 o cn � O }' N O U O N > 20 O 0 = 0 0U 0 c > cz 0) 2DUDE�.o�-0"o CZcn O O -0 QC O OE-Z � CZ CO a)0 Q� a)O U cz ^N� c�}, U cz cn cz N— _ � O O N cz i % � Np 0 U 0 U O O 00 O j— N +� a)> N + O = 0 0 J z m M M� O U 0�.�E������ LL 4 i E c �O +� (Z i— " w O MU O 0 0 0 N m o--E N 4 2 0- 3 O U P C a)o- E O > O cz M CU N C D U Z 0 LU I (1) M O i N � C N O a � �� a _0 MN a ��N Od') 0�N� 0 �� + co U O 0 cp0�E: 4-1 Cn L- O O O .j OmQ C 0��� cz >, cn �N _O � O N > 0 ��N•U �o�(n U Q CZ cz m Qcn cZ i M0 > O }, rn U � � O O .4? 0 c7 QO �� O Qico Q 0 O co vim C'7 cz N N U �_ 00-0 U CZ U Ec6 m QO O-o MORRIS/ F--J 2914 Cleveland Avenue I Fort Myers, Florida 33901 3.B.h DEPEW - Phone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS Notification of Neighborhood Meeting PUDI Amendment 6/22/2022 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a Planned Unit Development Insubstantial Amendment for the following described property: The project site is located at the southern boundary of Mediterra East, south of Celebrita Court, to the north of Veterans Memorial Boulevard and to the east of Livingston Road. The petitioner is asking the County to approve this application to allow development of a new vehicular access point connecting the Mediterra East internal vehicular circulation network to Veterans Memorial Boulevard. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of the proposed improvements and to give you an opportunity to comment and influence the form of development. The Neighborhood Information Meeting will be held on July 131", 2022, at 5:30 pm at 15755 Corso Mediterra Circle, Naples, FL 34110 in the Club Ballroom. If you are unable to attend in person, the meeting will also be available through Zoom. Please contact us at the email below if you would like the Zoom attendance link. At this meeting, the petitioner will make every effort to illustrate the proposed improvements related to the new access point and to answer any questions. Should you have questions prior to the meeting, please contact me. Sincerely, Ben Smith, AICP 2914 Cleveland Avenue, Fort Myers, Fl. 33905 (239) 337-3993 BSmith@m-da.com Packet Pg. 247 3.B.h MORRIS/ F__1 2914 Cleveland Avenue I Fort Myers, Florida 33901 DEPEW - Phone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS Mediterra Southeast Access Insubstantial Change Amendment Schedule of Deviations 1. Deviation from LDC section 5.03.02.C.1. which limits wall and fence height to a maximum of 6 feet if located within the required front yard to allow for a maximum wall height of 12 feet to allow for a grade transition. Justification: An increase of the maximum permitted wall height to 12' within the existing buffer along Veterans Memorial Blvd. will limit re -grading activities associated with the proposed roadway connection to Veterans Memorial Blvd. by allowing the wall to transition down approximate ten (10) feet vertically within a ±100' section. By limiting the grading activities to a compact area, additional existing mature vegetation along the existing berm will remain in place. The maximum wall height of 12' will only be utilized on the downhill side of the slope transition as the wall panel approaches the next supporting post, while on the uphill side the maximum wall height will be 8' or less to match the existing wall. These transitions will also be screened with additional buffer plantings after the wall has been installed to maintain a consistent aesthetic within the context of the existing community. EXTERIOR SECTION 2. Deviation from LDC section 5.06.02.B.1.a. which limits signage height to a maximum of 8 feet to allow for a maximum height of 14' to allow for decorative columns. Justification: The Mediterra PUD seeks to deviate from the design standard requirement of a maximum height of 8 feet for all signs within residential portions of PUD zoned properties. This will allow for decorative gate columns to be affixed with a community themed logo at the proposed vehicular access to Veterans Memorial Blvd. The proposed height is necessary to allow the step-down wall transition from the existing berm elevation (±10' above), and to provide for the addition of a decorative column cap/finial similar to the existing decorative columns within the community. This will maintain design consistency and allow for community identification to be located outside of the existing Veterans Memorial Blvd. right-of-way without further impacts to the existing berm and buffer. ti O N M O O O N O N J d O N O N Packet Pg. 248 3.B.h Mediterra PUD Schedule of Deviations Page 12 O N M O O O N O N J a O N O N Packet Pg. 249 4Z �a � NOTICE OF PUBLIC HEARI Notice is hereby given that a public hearing will be held by the Collier County 3.B.i er (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 char to the master plan of ordinance no. 01-61, as amended, the mediterra pl ed unit development (pud), to re-establish the access point to veterans me ial boulevard from the roundabout intersection of giardino lane, celebrita cou nd buonasera court, also known as tracts R and 0, mediterra Phase Three Ea! nit One Subdivision, in Section 12, Township 48 South, Range 25 East, Collier C ty, Florida. � Y Ta14s Tr el bi � N Q VO, y _ Project Ao Location bA a Seneca W pY Veterans f Mem�rrarS-LVD All interested parties are invited to appear and be heard. All materials used in presentatioi the Hearing Examiner will become a permanent part of the record. 0 a w U U a J U_ w W 0 W 0 N M O O O N O N J a ire Copies of staff report are available one (1) week prior to the hearing. The file can be revil .. at the Collier County Growth Management Community Development Department, Zoning [ N �n, 2800 North Horseshoe Drive, Naples, FL 34104. CD As to any petition upon which the Hearing Examiner takes action, an aggrieved petitior iay appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County = : of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggriev H m- party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier Count W hin 30 days of the decision. In the event that the petition has been approved by the Hearing E) 2 ier, the applicant shall be advised that he/she proceeds with construction at his/her own risl 2 Ing this 30-day period. Any construction work completed ahead of the approval authorizati Q lall be at their own risk. H H As part of an ongoing initiative to encourage public involvement, the public will have the opp Q iity to provide public comments remotely, as well as in person, during this proceeding. Inc +-% als who would like to participate remotely should register through the link provided within the aa) ific event/meeting entry on the Calendar of Events on the County website at www.collierc E yfl. gov/our-county/visitors/calendar-of-events after the agenda is posted on the County N v Ite. Registration should be done in advance of the public meeting, or any deadline specifie, hin the public meeting notice. Individuals who register will receive an email in advance of th, Q >lic hearing detailing how they can participate remotely in this meeting. Remote particip is provided as a courtesy and is at the user's risk. The County is not responsible for technica es. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 sail to Geoffrey.Willig@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this prc ng, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collie. my Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at leas (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Packet Pg. 251 Collier County, Florida MORRIS 2914 Cleveland Avenue I Fort Myers, Florida 33901 3.B.i DEPEW ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS Phone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com Mediterra Vehicular Access Advertisement Pictures Packet Pg. 252 Am ''r�1'�T� y+1�'.. .'�'+`�;'�`a=� r��l•+ + �-, > k 4 +f �,q,,, i+_♦,�� ':r " x yr� ....4}'4. •� 1�i � rt'L yJ. 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I{X�3 � i k w':'Ts��� ' �k i w' f ' +" y' �`5}.. rM1 �''`,I if �n*� ��'�' ��'�.� S ''. } - #��'f �� '. :.\. y.: j� � .��.{''� :.s• .�;F��w"}. .I� I '�� � .. �' a � � �' �.r ie ��[y .��n +x'- Y:._ vr: t -+�r5 ��`�i -. �;� ;. + �"u �_ ! .. � i �. � 3-.� `t�� a,:i,k'!A.::I�:'��4 �.-- ��� �•:' �. - " ?`��� 3.C.a Cother County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION; GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: DECEMBER 22, 2022 SUBJECT: VA — PL20220003 811 — 89 MAHOGANY DRIVE PROPERTY OWNER/AGENT: Owner: Richard Forman 89 Mahogany DR Naples, FL 34103 REQUESTED ACTION: Agent: Blair Foley, PE Blair Foley, PE, LLC 120 Edgemere Way S Naples, FL 34105 To have the Hearing Examiner (HEX) consider a request for a variance from the 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. GEOGRAPHIC LOCATION: The subject property is located in 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. (See location map on the following page) VA-PL20220003811 (89 Mahogany Drive) Revised: 11-8-2022 -1- Packet Pg. 254 6 - |W OOOZ 0 ]d:B40 Z L U(3 AUBBOLIM 6 -�W OOOZ 0 ]d-podeN ejS:; emLjoe!!¥ e , a + @ q g e s � @ @ LL e � g -ikt- 1� @ e & e 5 g � a � @ | e � 2 , « 6 ._s � E 0 , POw) ¥ X— � % § m _ C � k \ A n j• a.■ a 00 � o � \ � .. .0 - - & ]N 1!LU ee k3l DR �(F a � � � � .E 0 N � co � � C� 0 C%j cm C) Cq —1 n % � E 0 z E O C a_ v$»&mmSv(gaMahogany Drive) Revised: v- mw -2- 3.C.a PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a total of two variance requests in order to construct a new tennis court as an approved accessory use to the principal structure on their f 1.37-acre property. First, the applicant is requesting a variance for relief from LDC Sec. 4.02.01 Table 2.1 to reduce the side yard setback from 30 feet to 22 feet. Second, the applicant is requesting a variance for relief from LDC Sec. 5.03.02 C.2.a to increase the height of the fence from 6 feet to 10 feet. The reason for the tennis court to be located in the proposed location is due to the required position of the septic system drain field. The Florida Department of Health regulates septic systems through the FAC, any part of the septic system is required to be more than 75 feet from all subsurface wells. The separation distance from the drain field to the potable well on the adjacent property to the east is approximately 80 feet. The reason for the land -related hardship is that the septic system can't be relocated, therefore, leaving the west side of the subject property as the only available location for the tennis court to be constructed. Lastly, the proposed 10-foot fence height will better protect the adjacent properties from any wayward or loose tennis balls from infringing on to those properties. SURROUNDING LAND USE & ZONING: North: Single -Family Residence in the Pine Ridge Extension subdivision zoned RSF-1 East: Single -Family Residence in the Pine Ridge Extension subdivision zoned RSF-1 & Agricultural South: Mahogany Drive & Single -Family Residence in the Pine Ridge Extension subdivision zoned R.O.W & RSF-1 West: Single -Family Residence in the Pine Ridge Extension subdivision zoned RSF-1 Subject Property r CO M O O O N N O N J a 00 0 0 c CU M 0 �a o� CO VA-PL20220003811 (89 Mahogany Drive) Revised: 11-8-2022 -3- Packet Pg. 256 68 - 6 68£000ZZOZId : 8 WVZ) (VA) U(3 Aue6oLIM 68 - � 68£000ZZOZ-1d - podeN jjejS :;uawyoejjV E � R Ci w Cv a o I- LO N a Y V m a VA-PL20220003811 (89 Mahogany Drive) Revised: 11-8-2022 -4- 3.C.a GROWTH MANAGEMENT PLAN (G ) CONSISTENCY: The subject property is located within the Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Future Land Use Element of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. As previously noted, the petitioner seeks an 8-foot Variance for the west side setback, as well as a 4-foot fence height increase. The subject use is consistent with the Future Land Use Map of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: Section 9.04.01 of the Land Development Code gives the Hearing Examiner (HEX) the authority to grant Variances. The HEX utilizes the provisions of Section 9.04.03 A. through H. (in bold font below), as general guidelines to assist in making their recommendation of approval or denial. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or building involved? The proposed septic system, identified on the site plan, has a limited location due to existing potable water wells on the adjacent east and west properties. The location of the proposed septic system limits the location where the tennis court can be constructed. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? The action of the applicant did not cause where the existing potable water wells on the adjacent properties are located. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Due to regulations, size, and dimensions to build a tennis court, along with the aforementioned details of the separation distance from the potable wells in the adjacent properties to the required septic system on the subject property, the literal interpretation of the land development code will not allow the applicant to construct the tennis court on the subject property other than the proposed location. d. Will the Variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promotes standards of health, safety, and welfare? r r 0 M 0 0 0 N N 0 N J IL 0 0 N 0 c CU M 0 ca o� 0 VA-PL20220003811 (89 Mahogany Drive) Revised: 11-8-2022 -5- Packet Pg. 258 3.C.a The proposed location of the tennis court on the west side yard minimizes the setback reduction required, compared to possibly sitting it anywhere else available, on the property due to the configuration of the existing principal structure residence as well as the septic system. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Tennis courts are a common property improvement within the Pine Ridge community. There are currently a total of 24 tennis/pickleball courts, which are represented in the plan Exhibit A, in the area between Pine Ridge RD to the south, Vanderbilt Beach RD to the north, Tamiami Trl N to the west, and Goodlette-Frank RD to the east. Within the surrounding neighborhood, there are three other variances for setbacks specifically for tennis courts: • V-00-19; 95 Myrtle Rd. — both side yards were reduced by 8.4' • V-94-13; 163 Eugenia Dr. — both side and front yard reduced by 20' • PL20200002057; 132 North St. — side yard reduced by 17.5' All current variances are more than the proposed subject property variance request of 8' on the west side yard setback. Also, at the time V-94-13 was granted, the BCC minutes stated that "14 of the 16 tennis courts were nonconforming and 11 of them had setbacks of 10' or less". Thus, granting this variance does not confer any special privilege for the applicant. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Tennis courts are a common feature in the Pine Ridge Extension neighborhood. Each court may improve the property value for each residence. Regular recreational activity, in which playing tennis provides regular exercise, is consistent with a healthy lifestyle promoted by Collier County. Balancing between public and private activities, a resident that has a private recreational facility provides themselves a safe, healthy, recreational activity as an option from their home and property. The proposed location will keep in effect the health and safety of the adjacent neighbors providing that the septic system will be at or more than the required 75 feet from their potable wells. Lastly, permitting a sufficiently high fence protects adjacent neighbors from wayward or loose balls, reducing a possible nuisance. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the Variance be consistent with the GMP? The granting of the variance will be consistent with the Growth Management Plan since it will not alter the density, nature, or single-family residential character of the subject property. r oo M 0 0 0 N N 0 N J IL 00 0 N 0 c CU M 0 (a o� 00 VA-PL20220003811 (89 Mahogany Drive) Revised: 11-8-2022 -6- Packet Pg. 259 U Ci 68 - 4 MOOOZZOZId : 8 WVZ) (VA) NO Aue6oyeW 68 - 6 MOOOZZOZ-ld - podeN Ile4S :;uewLp jV o ci p a � IE w On U O N t� O 0 N a Y V m a VA-PL2O22O003811 (89 Mahogany Drive) Revised: 11-8-2022 -7- 68 - 6 68£000ZZOZId : 8 WVZ) (VA) U(3 Aue6oLIM 68 - � 68£000ZZOZ-1d - podeN jjejS :;uawyoejjV E C r C p c p 2 p y a Z W W C Q OO p N W u W o = W C O U 0 Q d p - O N f 7 W uz quo - O N _ 'o OC _ 3 � ` I �• �O y �' 2 Jan E W W y' W u 7 O W F L 6 a = WUZ mup `x fz m mON �N 0 0' Iu N Z J ti W 0. B p 006 C z r� Q LL i > rc = p y Q � n W W K U 6 p 0 O N p 7 O W O W 0 WUZ Shp 1 �9 m O N i U z i " u O !I m O N i � a 1 k a a U Q �=W ¢ N 6 a Y V m a VA-PL20220003811 (89 Mahogany Drive) Revised: 11-8-2022 -8- 3.C.a CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at present. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the staff report for PL20220003811 on November 8, 2022. RECO ENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) make a determination of approval, subject to the following conditions of approval: 1. There will be no artificial lighting for the tennis courts. Attachments: A. Aerials & Other Tennis Court Variances B. Survey or Conceptual Site Plan C. Backup Package D. Tennis Court Buffer Plan E. Legal Ad & HEX Sign Posting VA-PL20220003811 (89 Mahogany Drive) Revised: 11-8-2022 -9- Packet Pg. 262 zr !,_ ,_w!t i E . -=W '.- �1 _ a U 46 s., 40 t Lu IWm 2• =wC V co Qdp SON f7W Ca w Z �VO T z� SON Z Fay O Nf U W 6'T• t � � N R q�q O fa a G U v. 5 LLI 4t O 21 m O N L'i azN Tom! • � O � Ga Y m ��11II W03• ~' •(� n� U j J ^� ZE d Zpw (gap i - J 7 O w Q Y. w N C7 p V Z w o Qo owz w 0 N Y V Z $ N EBB �NOO °& E w a E_ ` `• Q � p@3 1� Y ti I }/\ § E k § 2ii & u�� B� ) §0N �0z a\ . "0N 2� �{ \\ \`0 g .. : * - , § §. � - { m d, g ■ (Z J / ] ' �;k_ :5Bir!a§� ^ o. «"Aj | . � moo mom ; _�/.z . ;� \ A � �/ � _ 2E§ Lu \ ° - ` / w � ` Bb ° b \ « o U�§ . & a / oE� �uj | / 0U0 kn2 ,o. Buz § r G;N § _ `2 w § g \\ \ - « \/ . _ 2 /� ( § �)( !;|, 3.C.d HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN 'BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM Luu AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE Q STAFF REPORT] 0 B. Backup provided by Applicant: z a PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY 0 DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE Q BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE 2 APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. a) 00 r ✓ Application, to include but not limited to the following: 00 M 0 ✓ Narrative of request 0 o N ✓ Property Information N o N ✓ Property Ownership Disclosure Form J a ✓ Any other documents required by the specific petition type; such as a variance, a boat Cro dock extension; PUD amendment, rezone request, etc. 0 N N/A Disclosure of Property Ownership Interest (if there is additional documentation aside from v disclosure form) z N/A Affidavit of Unified Control = ✓ Affidavit of Compliance U ✓ Drawings (may include Cross -Section (for BIDES generally), proposed Boat Dock(s) with t— Q Water depth, location maps etc.) c aD E N/A NIM Information (Sign in sheet, notes, minutes and transcript/or summary) t r r ✓ Include 3 thumbnail drives of video and/or audio Q N/A Traffic Impact Study (TIS) N/A Environmental Data N/A Historical/Archeological Survey or Waiver N/A Utility Letter N/A Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\ZoningStafflnformation\JobAidesorHelpGuides Packet Pg. 268 3.C.d N/A Boundary Survey ✓ Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. NLASubmerged Resource Surveys may be included here if required. ✓ CD with only one pdf file for all documents in the same order as the packets are put together. Thev must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. Signature of Agent Representative Printed Name of Signing Agent Representative Digitally signed by Blair A Foley Blair A Fo I e Y Date: 2022.11.21 11:22:30 _05'00' Date w U z Q Q 0 z Q c� 0 CD C* 00 M O O O N N O N J d O O N Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\ZoningStafflnformation\lobAidesorHelpGuides Packet Pg. 269 3.C.d Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): Name of Applicant if different than owner: Address: 89 MAHOGANY DR Telephone: E-Mail Address: Cell: Name of Agent: BLAIR FOLEY, PE Firm: BLAIR FOLEY, PE, LLC Address: City: NAPLES City: NAPLES State: FL ZIP: 34108 Fax: State: FL ZIP: 34105 Telephone: 239 263 1222 Cell: 239 289 4900 Fax: E-Mail Address: FOLS400@AOL.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Pa Packet Pg. 270 3.C.d Co der County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 67281920007 Subdivision: Pine Ridge Ext Metes & Bounds Description: See Survey Section/Township/Range: 03 / 49 / 25 Unit: Lot: 7 Block: K Total Acreage. 1.38 Address/ General Location of Subject Property: 89 MAHOGANY DR ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-1 OCCUPIED S RSF-1 & ROW MAHOGANY DR/PUBLIC ROAD E RSF-1 & AGRICULTURAL OCCUPIED W RSF-1 OCCUPIED Minimum Yard Requirements for Subject Property: Front: 50 Corner Lot: Yes ❑ No ❑■ Side: 30 Waterfront Lot: Yes ❑ No ❑■ Rear: 50 Minimum Accessory Setbacks for Subject Property (Tennis Courtsl Single Family): Front: 501SP5 Side: 30/5P5 Rear: 15 Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 4/27/2018 Pa Packet Pg. 271 3.C.d COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Pine Ridge Civic Of Naples Homeowners Association Mailing Address: PO Box 111208 City: Naples State: FL Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: ZIP: 34108 City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 4/27/2018 Pa Packet Pg. 272 3.C.d Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No If yes, please provide copies. 4/27/2018 Pa Packet Pg. 273 3.C.d COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) ❑ ❑Li Pre -Application Meeting Notes 1 ❑ Project Narrative ❑ a Completed Addressing Checklist 1 ✓ Property Ownership Disclosure Form 1 Conceptual Site Plan 24" x 36" and one 8 %" x 11" copy ❑ ✓El Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 ❑✓ ID Deeds/Legal's 3 ✓ ❑ Location map 1 -1 ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 5 ❑✓ ❑ Historical Survey or waiver request 1 ❑Li Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments are posted, provide the assigned planner the Property Owner Advisory Letter and Certification 1 ❑ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑ ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 0 M 0 0 0 N N 0 N J d 0 0 N 4/27/2018 Pa Packet Pg. 274 3.C.d COLLIER COUNTY GOVERNMENT Coder County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bays hore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation: David Berra ❑Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart Other: ❑ FEE REQUIREMENTS Pre -Application Meeting: $500.00 Variance Petition: o Residential- $2,000.00 o Non -Residential- $5,000.00 0 5' and Subsequent Review- 20% of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 After The Fact Zoning/Land Use Petitions: 2x the normal petition fee Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Blair A. Foley, PE Printed Name Date oo CO) O O 0 N N O N J a 0 0 It Pk 4/27/2018 Pa Packet Pg. 275 3.C.d M Gmail FW: pre-app meeting waiver request 1 message Bellows Ray <Ray.Bellows@colliercountyfl.gov> To: "mcleanml23@gmail.com" <mcleanml23@gmail.com> Cc: VelascoJessica <Jessica.Velasco@colIiercountyfl.gov> Good afternoon, Amanda McLean <mc1eanm123@gmail.com> Thu, Apr 7, 2022 at 4:01 PM Based upon the information provided, your request for a waiver from holding a pre -application meeting has been approved. Respectfully, Racy o Raymond V. Bellows, Zoning Manager CO) 0 Zoning Division - Zoning Services Section N Growth Management Department J a - Telephone: 239.252.2463; Fax: 239.252.6350 o 0 Co e-r Co krty Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gi/eXjvgT. From: Amanda McLean <mcleanml23@gmail.com> Sent: Thursday, April 07, 2022 3:32 PM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: pre-app meeting waiver request EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Packet Pg. 276 3.C.d Good afternoon Ray, We would like to request a preapp waiver for a variance petition for a proposed setback reduction for a tennis court. We completed a nearly identical variance petition last year (132 North St. VA-PL20200002057), and feel we have an understanding of the process. The current project is at 89 Mahogany Dr. I attached the draft site plan for reference. Thank you for hep you can offer, Mandy McLean, PE Civil Engineer/Development Consultant Blair A. Foley, P.E. LLC (239)784-2835 z rn 00 mcleanml23@gmail.com ' oo M O O O N 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 N electronic mail to this entity. Instead, contact this office by telephone or in writing. O N J d 2 attachments O ii 89 mahogany tennis court variance PLANS DRAFT.pdf Pk 3353K U Fi oledata.mso z 230K w Packet Pg. 277 3.C.d Variance Request for Tennis Court Side Yard Setback & Fence Height OWNER/APPLICANT: Richard Forman FOLIO: 67281920007 ADDRESS: 89 Mahogany Dr., Naples, FL 34108 Request: 1. The applicant is requesting a variance for relief from LDC 4.02.1 Table 2.1 to reduce the side yard setback from 30' to 22'. 2. The applicant is requesting a variance for relief from LDC 5.03.02C.2.a to increase the fence height to 10' Variance Criteria: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The property is a proposed single-family residence on —1.37 acres. The existing home is planned for demolition under building permit number PRDM20220208400. The applicant purchased the property on March 15, 2021 (deed is book -page, 5911-3248). The applicant proposes to construct a single-family home with a pool and tennis court. Site elements such as a pool and tennis court are common accessories in the Pine Ridge subdivision. A quick survey of the most recent aerial shows +/- 24 tennis or pickleball courts and one (1) outdoor basketball court at single-family homes in the subdivision. See Exhibit A. The applicant requests variance for a reduction in the west side yard setback from 30' to 22' to install the tennis court with a 10' fence. The proposed location of the tennis court is driven by the required position of the septic system and drainfield. This part of the neighborhood uses both wells and septic systems. According to the Florida Department of Health, which regulates septic systems through the FAC, any part of the septic system must be more than seventy-five feet (75') from all subsurface wells. On the proposed plan, the distance from the septic drainfield to the potable well on the adjacent property to the east was set at about eighty feet (80') for the health and safety of the residents. This leaves sufficient open space on the west side of the property to accommodate the tennis court with the requested setback reduction. To provide sufficient protection from loose balls, the industry standard for hard court fence height is ten (10) feet. 0 CO) O O 0 N N 0 N J a 0 0 Ict Packet Pg. 278 3.C.d 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. The applicant has a demolition permit under building permit number PRDM20220208400. Otherwise, the site has not been altered. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. There are existing potable water wells on the east and west property lines that limit the location of the proposed septic system. The location of the proposed septic system, then, limits the location of the tennis court. b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The location of the existing potable water wells on the neighboring properties did not result from any action by the applicant. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue 00 M o hardship on the applicant or create practical difficulties on the applicant. N Literal interpretation of the zoning code will not allow the applicant to construct the tennis court 0 N _J a - improvement. Go d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use N of the land, building or structure and which promote standards of health, safety or welfare. The proposed location of the tennis court on the west side yard minimizes the setback reduction compared to siting it on the east side of the property due to the configuration of the home. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. In Pine Ridge, tennis courts are a common property improvement. Exhibit A shows 24 tennis/pickleball courts and one (1) basketball court. In the near vicinity, there are three (3) other variances for setbacks for tennis courts: 95 Myrtle Rd. V-00-19 both Side Yards reduced by 8.4' 163 Eugenia Dr. V-94-13 Side Yard reduced by 20', Front Yard reduced by 20' 132 North St. PL20200002057 Side Yard reduced by 17.5' This petition proposes an 8' reduction to 22' in the side yard setback which is less than the previously granted variances. Packet Pg. 279 3.C.d A short aerial search shows that many of the tennis courts have been constructed in the side and rear yard setbacks. When the V-94-13 was granted, the BCC minutes (Sept. 27, 1994) state that 14 of the 16 court were nonconforming and 11 of them had setbacks of ten (10) feet or less. Therefore, granting the variance does not confer any special privilege on the petitioner. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. A tennis court is a typical feature in the Pine Ridge neighborhood which improves the property value and is consistent with healthy lifestyle promoted by Collier County. Allowing a sufficiently high fence will provide protection form loose balls. An exhibit, Tennis Court Buffer Plan, is attached to demonstrate sufficient screening for the fence. As more residents seek to manage their balance between public and private activities due to Covid, having private recreational facilities allows residents safe options for activities at home. The proposed location of the court protects the health and safety of the adjacent neighbors by ensuring that the septic system is more than 75 ft from their wells. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No. h) Will granting the variance be consistent with the Growth Management Plan? Granting the variance will not alter the density, nature, or single-family residential character of the property so it will continue to be consistent with the Growth Management Plan. 00 M 0 0 0 N N 0 N J d 0 0 Ict Packet Pg. 280 3.C.d cor coHnty Growth Management Department ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed by Addressing personnel prior to the pre -application meeting. Please allow 3 business days for processing. Not all items will apply to every project. Items in bold are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below. Complete a separate Addressing Checklist for each Petition type). ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use Permit) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑✓ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) PINE RIDGE EXT BLK K LOT 7 T49, R45, SO3 FOLIO (Property ID) Number(s) of above (attach to, or associate with, legal description if more than one) 67281920007 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 89 MAHOGANY DR., Naples, FL, 34108 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way • SURVEY (copy — only needed for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) 89 Mahogany Dr name not yet approved PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # Addressing Checklist (Rev 12/2021) Page 1 of 2 w U Z Q Q 0 Z Q 0 O 2 Q rn 0 0 CO) O O 0 N N 0 N J d 0 0 It N U H Z w 2 U a a c m E t U a r r Q Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercountyfl.gov Packet Pg. 281 3.C.d CO ICr County Growth Management Department Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Please Return Approved Checklist By: ❑✓ Email Applicant Name: Blair Foley, PE Phone: (239) 263-1222 El Personally picked up Email: fols0001@aol.com or mcleanm123(@Ermail.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number 67281920007 Approved by: a f 7+ Date: 5/13/2022 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR A NEW FORM SUBMITTED. Addressing Checklist (Rev 12/2021) Page 2 of 2 w U Z Q Q 0 Z Q 0 O x Q rn 0 oo CO) 0 0 0 N N 0 N J d 0 0 It N U H Z w x U a a c m E t U a r r Q Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www. col I iercou ntyfl.gov Packet Pg. 282 Collier County Property Appraiser Property Summary Site 89 1 Site Zone Parcel No 67281920007 Address MAHOGANY Site City NAPLES *Note 3414 *Disclaimer DR Name / Address I FORMAN, RICHARD 89 MAHOGANY DR n T City NAPLES State I FL I Zip 134108 a it Map No. Strap No. Section Township Ran we Acres *Estimated <> 4A03 561400 K 74A03 3 49 25 1 1.37 0 Legal PINE RIDGE EXT BLK K LOT 7 a c� Milla a Area a 118 Milla a Rates v *Calculations a Sub./Condo 561400 - PINE RIDGE EXTENTION School Other LTotal 2 Use Code a 1 - SINGLE FAMILY RESIDENTIAL 4.459 6.0042 1 10.4632 M Latest Sales History 2022 Certified Tax Roll co (Not all Sales are listed due to Confidentiality) (Subject to Change) o Date Book -Page Amount 03/15/21 5911-3248 $ 1,495,000 08/01/81 933-1102 $ 0 Land Value $ 1,62911 41 +� Improved Value $ 100,6 (_) Market Value $ 1,729,8 0 N N O N J a co 0 It U IZ w 2 If all Values shown above equal 0 this parcel was created after the Q Final Tax Roll H Q c m E t c� , I ' r Q Packet Pg. 283 CoiLYer County 3.C.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 nROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: C Name and Address % of Ownership Richard Forman 100 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership N/A If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Name and Address % of Ownership N/A Page 1 of 3 Packet Pg. 284 CoiLYer County 3.C.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f [* Name and Address % of Ownership N/A If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the III IL.CI J, JLut- IUIUCI J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership N/A Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a comoration. DartnershiD. or trust: Name and Address N/A Date subject property acquired 3/1 5/21 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 285 Codjev County 3.C.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: r Growth Management Department o Cl) ATTN: Business Center c 2800 North Horseshoe Drive N Naples, FL 34104 c N d 05/25/2022 00 Agent/Owner Signature Date N Richard Forman Z Agent/Owner Name (please print) s Created 9/28/2017 Page 3 of 3 Packet Pg. 286 INSTR 6022006 OR 5911 PG 3248 RECORDED 3/20/2021 10:15 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $10,465.00 REC $18.50 CONS $1,495,000.00 This instrument was prepared without opinion of title by: Peregrin Law Firm, P.A. 6621 Willow Park Drive, Suite 1 Naples, Florida 34109 Consideration: $1,495,000.00 Parcel Id Number: 6728192,0007 Warranty Deed This Warranty Deed made this �?' dad March, 2021, between Marie L. Janasik, a unmarried widow, whose post office address is 3612 *a1t3*ia Cove Court, Land O'Lakes, Florida 34639, hereinafter called the grantor, to Richard Forman, a m cried man whose post office address is 6017 Pine Ridge Rd., Naples, Florida 34119 hereinafter called the grant: . , (Whenever used herein the term "grantor" and "gran`tee" elude all the parties to this instrument and the heirs, legal ; representatives, and assigns of individuals, and the suesnd assigns of corporations, trusts and trustees) 00 .' M Witnesseth, that said grantor, for and in considerate the sum of TEN DOLLARS AND NO/100 DOLLARS CD ($10.00) and other good and valuable consideratia ' to s ' d grantor in hand paid by said grantee, the receipt cm whereof is hereby acknowledged, has granted, barga, d, an sold to the said grantee, and grantee's heirs and N J assigns forever the following described land, situate, lying "'.,being in Collier County, Florida, to wit: a. co CD Lot 7, Block K, Pine Ridge Extension, a rdiftto the plat thereof as N g. recorded in Plat Book 3, Page 51, of the PubliRe�rds of Collier County, Florida. ;4 v z a Said property is the homestead of the Grantor under the laws and constitx=tion of the State of Florida. ~ ; a Together with all the tenements, hereditaments and appurtenances thereto belonging rain anywise appertaining. E To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2020. Packet Pg. 287 *** OR 5911 PG 3249 *** 3.C.d In Witness Whereof, has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delive�t`ed our presence: Witness Name: k a— V Witness Name: V iIlceA 1 ( lY�Jl� State of Florida County of Collier The foregoing instrument w�s sworn to and subscrib( online notarization, this d s day of March, 2021, by me or who K has/have produced Drivers License as E Notary PuOMMblDe Tracy L Pr� hA ExP es 03�ssion Isisio (Seal) me by means of physical presence or ( ) . Janasik, who is/are personally known to Notaiy iibl c,Ta� PrinfNam My Commission, Expires: © O5Q a Packet Pg. 288 U cli (33NVINVA 21(3 ANV90HVW 68 - 448£000ZZOZ-1d : 860K) 3 lN3WH3VllV :lUG L43B V L v E a �e W Vu C a -2 W _ w W m e £ V) Z Q J O x w 0 Z ^�-; R I --I O W O �1 ci M ct U 00 a N U z w w Q Q w � � o � w w 0 0 Z � � z z 0 0 0 m m Z m Z 3.C.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P L202200038 1 1 i, Richard Forman (print name), as (title, if applicable) of (company, If a licable), swear or affirm under oath, that I am the (choose one) owner a pplicant�contract purchaserFland that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize BUT Foley, PE to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. prey. or v. pros. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words as trustee': • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that 1 have read the foregoing Affidavit of Authorization and that the facts stated in it are true. sz�� - 3/-3D/2XZ7_ -gi—gridture Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 3 01 M M 01 (date) by �,3 cmo ) (name of person providing oath or affirmation), as 0 w tlyc who is personally known to me or who has produced �X (\S 1\ UM1 (type of identification) as identification. STAMP/SEAL Signature of Notary Public aP.)r•u, Notary Public State of Florida Kara R HerNich My Commission HH 173292 Exp. 9/8/2025 CF'\08-COA-00115\155 REV 3124114 Packet Pg. 290 Fg r � r�, _mot► �t �... � �$ [r• i/ .ram � � s�`j� � ��� 8 G� a l It 40 Ilk �✓M' ��. �� i � t, . ®� � Bey.,,.., � "� " n, ) y 7 1, d''�.�p'_` t� �i% y `,fir; •� �4. i` 100, {AN kJAMAk Asf,#�i." �..n � ''Sl �ff� a .. •• - � .-• Y6 kh Y• P NVId 'd333f18 ano:) SINN31 s l=1 'seldeN `anua i(ueBOWN 68 s .E (33NVINVn 210 ANdJOHVW 68 - 448E000ZZOZ-1d 8WK) 31N3WHOV.LIV WOMPBOV U M r MR r--- ----E -,I '. Fr— — — --00 � 9 LIM Cil I T , m 3 v E L nE I 3 9 E _ � w MAW I E I F iae 19Ma wd ff f86228L62/f'fin+Pvnm sluual oz-slo�nzfirq-mVJ efioyeW 60 ueuuai tl0-4Y�e1eP\o!Ptizple\\ r �I E2co Y. C 7 U a m J r O a Il �_ r�i a aI' C N 1 ,� too 11 Ov ' ®�®� ®® 3NI7 b3 J l %�•' 1VM � ol� 3.C.d AFFIDAVIT OF COMPLIANCE 1 hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. of 4plicant) State of Florida County of Collier k'L The foregoing Affidavit of compliance was acknowledged before me this 3 day of &Iet)tgt-beY , 2022 by E Gt0 c l`- , who is [personally known to me or [ ]who has produced (Signature of Notary Public) Printed Name of Notary as identification. (Notary Seal) AMANDA 0 MCLEAN =$f Notary Public - State of Fiorida Commission M HH 2O7190 ?ovrt my Comm. Expires Dec 13, 2025 Bonded through National Notary Assn. Packet Pg. 294 3.C.d proverbs 3:5-,, Blair A. Foley, P.E. Civil Engineer / Development Consultant November 2, 2022 RICHARD FORMAN 89 MAHOGANY DR NAPLES, FL 34108 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 89 Mahogany Dr., Naples, FL- Pine Ridge Ext. It is our intent to request, from Collier County, a proposed 8-foot variance from the required western side yard setback of 30 feet as provided for in the Land Development Code Section 4.02.03D for the Residential Single Family -1 Zoning District. A second variance request was made to increase the maximum fence height for a tennis court from 6 feet to 10 feet as provided for in the Land Development Code Section LDC 5.03.02C. The request is to allow a tennis court, enclosed with a 10-foot fence, at 22 feet from the west property line located at Lot 7, Block K, Pine Ridge Extension, also known as 89 Mahogany DR, Naples, FL 34108 in Section 3, Township 49 South, Range 25 East, Collier County, Florida. [ PL20220003811] In order to provide you with an opportunity to become fully aware of our intention, we are contacting you directly via this letter, or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Blair Foley, PE President Blair Foley, PE, LLC 120 Edgemere Way S. Naples, FL 34105 Tele: 239.263.1222 T T 00 M 0 0 0 N N O N J a w T 0 N Packet Pg. 295 U cli (33NVINVA 21(3 ANV90HVW 68 - 448£000ZZOZ-1d : 860K) 3 lN3WH3VllV :lUGWL43BPy p 29 E- C a Z x O � a Of E- C) w V) Ld w LLJ J p', a W c� z_ J P. U E a �e W Vu QI aZ ry - ¢QIP ��a �w = U O - N U z w w Q Q w � � o � w w 0 0 Z 0 z z 0 0 0 > > \ m \ MI ml Z m Z (30NVINVA MCI AN` E)OH`dW 68 - L L8£000ZZOZ-ld 9LObZ) 31N3WHOVI.L ' :lUGWLl3e;;d M I\�8 o _ op M ► U 0 j 3 LIL I W W y �• v Q Idp W 7 W = W „uz ao.p SON 23W Qw luz u 0 wON o af���11lI � m U W63 � y 00 g BI; a 1 — O a .p 4G IS Z W U 7 7 W coON sa U o ^cw ja a L'i �z o - tt / U � //m w FW11 W O a W 1 >. J 00.0,_ Z � CVO Occo O W C Z B to0N aCL0 f 2 Lu Z �€ E o e � ry 01 �y LL C "Jl E O !L M w & L 3Nd N¥A IIQ AN¥OOH¥W6 - M 00 Z oZ d:B40 Z O 1N]WHo¥11¥:IUmmL43Bn¥ I III }] _ d w ■ ujLuU. \ LUDLu §00 � |■ LQix �99 §kk |�,. mom � k LL UJ ]&B 00N zip L # Z'T \� } 2�- .o . ?e t . _. Z �0. ` � 2E§ . § § § K XEj Buz G;; # § NVId d333f18 ano:) SINN31 lj 'seldeN `anua z(ueBOWN 68 s s ►'V aDuabisa�4 ueuaao-4 n= _ _ E..E (33NVINVn 210 ANdJOHVW 68 - 448E000ZZOZ-1d 8WK) d 1N3WHOV.LId . OMLIOBOV s } 4 i w M cal 3a� •�n w.ewa �I E2 co Y N C 7 U a m J r I I I I r I I _ I I ,,d •,9ro=,�e�.4..,w�w.,ew o=w..ad m�e��w.,,..,,•. �,o w,,,,�o.w,�.e,�•n �w a4�aa .--.,�„e �e,�.v c — 1—'.d UR azzovsz/c-11—•w— o'z-vto w.e-aa na-�nereaw!ati+-aih\ NOTICE OF PUBLIC HEARI Notice is hereby given that a public hearing will be held by the Collier 3.C.f kg 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 considPY- PETITION NO. PL20220003811 VA — REQUEST FOR A VARIANCE FROM JD DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCE; RY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINI 4D A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REC =D MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROI =D TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTE )N SUBDIVISION, ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SE )N 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. u Project ` U Location a co Eugenma > o o � a � 3 Mahogany R o v z c I z m O North ST � v. yr 1 00 J m = 00 Center ST a L tr r O C) CO) O O O N ' N N All interested parties are invited to appear and be heard. All materials used in prese J .. on before the Hearing Examiner will become a permanent part of the record. 00 Copies of staff report are available one (1) week prior to the hearing. The file can be re T_ V ed at the Collier County Growth Management Community Development Department, ng Division, 2800 North Horseshoe Drive, Naples, FL 34104. W As to any petition upon which the Hearing Examiner takes action, an aggrieved pe Z ier may appeal such final action. Such appeal shall be filed per Section 2-88 of the LU ier County Code of Laws and Ordinances within 30 days of the decision by the I ng Examiner. An aggrieved non-party may appeal a decision by the Hearing Examine U he Circuit Court of Collier County within 30 days of the decision. In the event that the Q on has been approved by the Hearing Examiner, the applicant shall be advised that he proceeds with construction at his/her own risk during this 30-day period. Any consl Q on 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 h E he opportunity to provide public comments remotely, as well as in person, during this proc t 1g. Individuals who would like to participate remotely should register through the link p ed within the specific event/meeting entry on the Calendar of Events on the County we at Q www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is ed on the County website. Registration should be done in advance of the public mee or any deadline specified within the public meeting notice. Individuals who register will ive an email in advance of the public hearing detailing how they can participate remotel, his meeting. Remote participation is provided as a courtesy and is at the user's risk. The Ity is not responsible for technical issues. For additional information about the meeting, ise call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to par ate in this proceeding, you are entitled, at no cost to you, to the provision of certain assi ,e. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Ndpies, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP, Packet Pg. 301 Chief Hearing Examiner Collier County, Florida